(a) Legislation accepting the dedication of undedicated streets shall not be enacted until a subdivider files a plat "for record purposes only" and until the construction bond is released and an applicable maintenance bond is posted. During the period of the maintenance bond, the Village shall be responsible to see that the street is kept in good repair. Prior to the release of such maintenance bond a final inspection shall be made by the Village Engineer. During the period of the bond, any maintenance costs expended by the Village shall be reimbursed from the bond. Snow removal shall commence along all streets along which dwelling structures have been completed.
(b) At the end of the maintenance bond period the street shall be eligible for full acceptance by the Village for full maintenance and snow removal, provided that:
(1) Not more than ten percent of all lots (or the nearest greater full number of lots), with sole access from the street, have dwelling structures that are not complete, that have not passed final inspection and that have not had certificates of occupancy issued therefor.
(2) A separate agreement shall be signed by the home/lot owner, homeowners' association or other entity who or which owns the land under the street, to undertake the responsibility of maintenance and repair in futuro of any and all storm sewers already installed under the right of way at the time of the proposed dedication. Said obligation shall include any storm sewer originating or terminating at any point outside the right of way, but crossing within it.
(3) Prior to acceptance of any street proposed to be dedicated, all existing storm sewers shall, at the instance of the Village, but at the expense of the owner, be video inspected, and any repairs or maintenance necessary, in the sole discretion of the Village, shall be completed prior to any such acceptance of dedication.
(4) Subsequent to the acceptance of dedication of any street by the Village, the Village shall retain the authority to inspect existing storm sewers at such times as in its sole discretion it deems necessary and shall order the owner to perform such repairs and/or maintenance as the Village shall, in its sole discretion, find and deem necessary, all upon reasonable written notice to such owner. If such owner does not complete any maintenance or repair work within a reasonable time, the Village may, upon reasonable written notice to such owner, cause such maintenance and/or repair work to be performed and recover the cost of the same from such owner by virtue of any available legal remedy, including certifying the cost of the same to the County Auditor for collection on such owner's real estate tax obligation.
(5) The Village shall be responsible for the maintenance and repair of any and all storm water culverts which originate or terminate at a point out of the right of way, but which cross the right of way, including pass through and roadway drainage culverts.
(6) The owner shall be responsible for the repair and maintenance of any and all driveway culverts and parallel drainage ditches and culverts. The Village shall retain the authority to inspect such sewers at such times as in its sole discretion it deems necessary and shall order such owner to perform such repairs and/or maintenance as the Village shall, in its sole discretion, find and deem necessary, all upon reasonable written notice to such owner. If such owner does not complete any maintenance or repair work within a reasonable time, the Village may, upon reasonable written notice to such owner, cause such maintenance and/or repair work to be performed and recover the cost of the same from such owner by virtue of any available legal remedy, including certifying the cost of the same to the County Auditor for collection on such owner's real estate tax obligation.
(Ord. 1993-49. Passed 3-9-94.)