Developer Agreement – Approval Process & Typical Timeline

Public improvement requirement identified as part of a private development Plan Commission or Site Plan Verification review for a private development project or land division by City Engineering Staff.

A developer agreement scheduling meeting is required between City staff and the private development team to begin the agreement and public improvement plan process.  This meeting can be scheduled following the City’s conditional approval of a project through the Plan Commission review process or after site plan verification comments have been made for projects that do not require Plan Commission review.

A draft project schedule and Authorization to Proceed form will be sent to the developer after the developer agreement scheduling meeting (typically within a week of the meeting).  These items need to be completed by the developer and returned to City Engineering with any required initial developer deposit or supplemental plans prior to City Engineering staff submitting agenda items to Board of Public Works and Common Council for approval.

Timely submittal of accurate survey and project data per City requirements from the private development team is key to staying on schedule for obtaining the required approvals and plan development.  Data requirements are provided on APPENDIX “A” (Transmittal of Data to the City) which is provided with the draft project schedule.  In the case of new street construction this data must be submitted and accepted prior to being able to create the exhibits required for Board of Public Works and Common Council approvals.

Board of Public Works and Common Council approvals are required for the City to enter into a developer agreement with a developer and to approve the required public improvements.  There are typically two meetings a month and all items necessary to create the agenda item for the Board of Public Works must be submitted by the developer to City Engineering approximately two weeks prior to the desired meeting date.  Projects that must also go to Transportation Commission prior to being taken up at the Board of Public Works will typically require an additional two to three weeks.

The developer agreement can be executed by the developer and returned to City Engineering with all required surety, deposits, waivers, etc. following the final approval being in place from the Common Council (typically the Friday after the Common Council meeting).  The developer agreement is then routed for final City reviews and signatures.  It is considered completed once it is signed by the Mayor.  This process typically takes 10 business days, but can be longer if there are items that need to be addressed for prior to final signatures.

The design of the public improvements for private development is completed by City design staff in coordination with the developer’s consultant team.  Total timeline for design and plan issuance typically takes three to five months depending on the scope of the required improvements and if any permits must be obtained (WDNR Sanitary, WDNR Water, County ROW, etc.).  Plans will be issued for construction once all required permits are in place and final review has been completed by both the development team and the City Engineer.

A preconstruction meeting with the City’s Construction Engineer is required prior to starting any work on improvements in the right or way or contained in the City issued plan set.  This meeting can be scheduled only after the public improvements plans have been issued by the City Engineer.

Upon completion of the public improvements by the developer and field acceptance of said improvements by City’s Construction Engineer the surety requirements for the project can be reviewed.  For accepted improvements the surety requirement can be reduced as much as 90% through the required one-year warranty period.

The improvements will be inspected during the warranty period (one-year for most improvements, two-years for new street trees) for defects or damage.  Any “punch-list” repair items must be completed by the developer prior to final release of any remaining surety and closing of the developer agreement contract.

As part of the contract close out process City expenses for administration, design, and inspection will be summarized final charged against the contract deposit supplied by the developer.  Any remaining deposit will be refunded to the developer and an invoice to the developer will be generated if City expenses exceed the developer agreement contract deposit.