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CONSTRUCTION AND BONDING OF SUBDIVISION IMPROVEMENTS
Approval of the construction plans shall give the subdivider the right to begin construction of the Subdivision lmprovements, but only after scheduling a pre-construction conference with the village's consulting engineer, engineer of record, construction superintendent, and the resident observer for the project. Construction must be started within one year of approval of the construction plans. If construction is not started within the year, re-approval by the village’s consulting engineer shall be required before construction is started.
(Ord. 94-01, passed 1-25-94; Am. Ord. 16-35, passed 6-28-16)
The village's consulting engineer shall be notified at least 24 hours before construction begins. Construction shall begin only after approval of construction plans and payment of the review and inspection fee as set forth in § 155.052 of this chapter. Whenever construction stops for 24 hours or longer, the village's consulting engineer shall be notified 24 hours before construction begins again.
(Ord. 94-01, passed 1-25-94)
(A) Before starting construction of any Subdivision Improvements, the subdivider shall be assessed and shall deposit with the Zoning Administrator for the village an amount equal to two and one half percent (2.5%) of the estimated construction cost (including but not limited to grading, drainage, roadway, sidewalk, sewer, waterline and other improvements which are to be dedicated to public use or which benefit the subdivision generally) as approved by the village engineer. The Zoning Administrator shall cause such funds to be deposited in the General Fund of the village.
(B) The foregoing fee is intended to reimburse the village for charges of the village engineer in connection with the review and inspection of the preliminary and final plats and the construction of the Subdivision Improvements. In the event that the engineering expenses incurred by the village are in excess of the amount initially paid by the subdivider, the village shall bill the subdivider for the difference, and such amount shall be paid by the subdivider prior to acceptance by the village of the final plat. However, the subdivider shall not be entitled to any refund in the event the fees actually charged to the village by the village engineer is less than 2.5% of the estimated construction costs.
(Ord. 94-01, passed 1-25-94; Am. Ord. 05-05, passed 2-22-05; Am. Ord. 16-14, passed 3-22-16; Am. Ord. 16-35, passed 6-28-16)
(A) Presence of subdivider's observer. The subdivider's engineer shall have a full-time, qualified resident observer present on the construction site for the following:
(1) Approval of the subgrade prior to paving; and
(2) Continuous observation of all phases of the paving operation, construction of sanitary sewer mains and appurtenances and construction of storm sewer and appurtenances and construction of water mains.
(B) Presence of subdivider's contractor superintendent. The subdivider's contractor shall have a superintendent on the job site at all times while construction is in progress. The superintendent shall be responsible for the entire construction procedure. In his absence, the superintendent shall indicate to the subdivider's observer, the person temporarily responsible for the conduct of the work.
(C) Inspection by village’s consulting engineer. All required improvements to be installed under the provisions of this chapter shall be checked during the course of construction by the village’s consulting engineer. The cost of any re-inspection of any required improvement found to be faulty or not in accordance with the approved plans and specification shall be paid by the subdivider to the village. The testing of any concrete, asphalt, soil, backfill, other materials or workmanship shall be done at the expense of the subdivider, at the frequency outlined in IDOT's Project Procedure Guide, June 1, 2009 or latest edition. Test results shall be forwarded to the village's consulting engineer upon receipt by the subdivider or subdivider's engineer.
(Ord. 94-01, passed 1-25-94; Am. Ord. 16-35, passed 6-28-16)
(A) If construction has not been completed and approved by the village engineer before the final plat is submitted to the Village Board, security in the amount equal to 110% of the estimated construction costs (including but not limited to grading, drainage, detention ponds, paved and unpaved swales, roadway, sidewalk, sewer, waterlines and appurtenances, erosion control devices and vegetative cover, and other improvements which benefit the subdivision generally) of the Subdivision Improvements shall be filed with the Zoning Administrator in order to insure completion of the Subdivision Improvements as required by this chapter within a reasonable length of time without cost to the village. The form and sufficiency of security shall be subject to the approval of the village attorney and the village's consulting engineer. Security may be in the form of a bond issued by a commercial surety licensed to do business in the State of Illinois, or it may be in the form of an irrevocable letter of credit issued by an Illinois or national bank of at least one year in duration, which provides for automatic annual renewals thereof unless at least 60 days prior to the expiration of its term or any renewal thereof, written notice of non-renewal is sent by certified mail to the village.
(B) The bond or letter of credit shall by its terms secure payment not only the construction of the Subdivision Improvements but also of any additional review and inspection fees charged by the village engineer and imposed by the village pursuant to § 155.052 of this chapter.
(C) Upon acceptance of Subdivision Improvements by the village, a one-year warranty period shall be in effect during which period security shall be provided to insure that latent defects in materials and workmanship will be corrected at the subdivider's expense.
(Ord. 94-01, passed 1-25-94; Am. Ord. 12-21, passed 6-12-12; Am. Ord. 16-35, passed 6-28-16)
(A) If at the time a final plat is submitted for approval or at any time thereafter, the subdivider has already constructed a portion of the Subdivision Improvements therein, the subdivider may request that the security for the subdivision be based on 110% the estimated cost of the unconstructed portion. This basis for establishing the amount of the security shall be used only if the village’s consulting engineer has inspected the completed portion of the Subdivision Improvements and certified that the improvements have been constructed in accordance with the approved construction plans.
(B) No partial reduction or security shall be construed as final acceptance by the village of any portion of the Subdivision Improvements; all Subdivision Improvements constructed by the subdivider are subject to reinspection and re-evaluation at any time prior to final acceptance thereof in accordance with § 155.076 of this chapter, and the subdivider has a continuing obligation until final acceptance to construct all Subdivision Improvements to the standards of this chapter and the construction plans. In no event prior to final acceptance shall the security for Subdivision Improvements be reduced to an amount less than 12.5% of the initial estimated construction costs of all Subdivision Improvements to be constructed for the final plat, net of any outstanding separate security for sidewalks.
(Ord. 94-01, passed 1-25-94; Am. Ord. 94-60, passed - -96; Am. Ord. 05-05, passed 2-22-05; Am. Ord. 12-21, passed 6-12-12; Am. Ord. 16-35, passed 6-28-16)
The security shall remain in effect until the Subdivision Improvements are accepted by the Village Board (§ 155.076), at which time the security shall be reduced to a minimum of 5% of the original security amount. All Subdivision Improvements must be completed within two years from the date when the security was approved. If Subdivision Improvements (other than sidewalks subject to separate security) have not been completed within said two years, the subdivider shall at the village’s option, to be exercised at any time after expiration of the two-year period, forfeit the security in the amount necessary for the village to carry out the construction or repairs so that the Subdivision Improvements meet the standards of this chapter, plus administrative costs involved.
(Ord. 94-01, passed 1-25-94; Am. Ord. 12-21, passed 6-12-12; Am. Ord. 16-35, passed 6-28-16)
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