(A) Prior to the commencement of any construction for the extension of, or for any improvement to the Town's Sewage Works System, a written agreement shall be executed between the Town Council and the owner or developer constructing or improving such sewage lines, mains, interceptors, or system, which agreement shall set forth the elements of costs for construction of such sewage works improvement and the manner of reimbursement, if any, to be made by the town to the owner or developer. This reimbursement, if any, shall be at the sole discretion of the Town Council. Such elements may include, but not limited to review fees, construction costs, construction and engineering costs, construction inspection costs, project administration costs, and easement acquisition costs.
(B) The written agreement provided herein shall require the owner or developer of the real estate to prepay to the town a fee set out in the agreement which covers the initial reviews of any plans or construction plans, and said fee must be paid prior to the review of said plans and shall cover the cost to the town incurred by it in connection with the review of said plans. Furthermore, the written agreement provided herein shall require the owner or developer of the real estate to pay, prior to the start of construction, to the Town of Cicero fees or expenses incurred by it in connection with all other engineering and/or architectural reviews of construction plans covering the proposed improvement. Furthermore, the written agreement shall provide that during construction of the proposed improvement to the sewage system, the owner or developer of the real estate shall pay the expense of an inspector to assure that the construction of the improvements are in compliance with current standards and specifications established by the Town. Upon completion of construction, the owner or developer of the real estate shall provide certified record construction drawings and computer files formatted to the Town's standards to Cicero within 30 days. If certified record construction drawings and computer files are not provided, as above required, the Town may prepare these at the expenses of said owner and\or developer of real estate. No potential reimbursable expenses of oversizing and/or off-site improvements will be allowed until record drawings are provided and approved. The Town will provide the inspector or may authorize an engineering firm to provide on behalf of the Town the said review and/or inspection services. In any case, the owner and/or developer of the real estate will pay to the Town the cost incurred by the Town in the engineering and/or architectural reviews of the construction plans for the proposed improvement as well as for the costs of the inspector referred to hereinabove. The aforementioned costs shall be paid to the Town by the owner and/or developer within 30 days of receipt of each invoice.
(C) Any owner and/or developer of real estate which fails and/or refuses, for any reason, to perform and abide by the procedures set forth in this section of the Cicero Town Code may be subject to an immediate injunction or restraining order which will cause all work on the project to cease. In addition, a party who violates this section will be subject to the penalties set out in § 10.99 of the Code.
(Ord. 2-27-79, passed 2-27-79; Am. Ord. 11-12-96-4, passed 11-26-96)