A. All public improvements required under the provisions of this chapter to be provided at the subdivider's expense shall be fully completed by the owner or subdivider, or both, within two (2) years after recording of the final plat, in accordance with final plans and specifications submitted to and approved by the city engineer prior to the commencement of construction; provided, that in the event any structure shall be erected on any lot in such subdivision, the required sidewalk improvement for such lot to be located adjacent to the frontage thereof, or adjacent to both street frontages thereof in the case of a corner lot, shall be completed prior to the earlier of: 1) the date of issuance of a certificate of occupancy for such structure or such later date as may be approved in writing by the city engineer not later than ninety (90) days after the issuance of such certificate of occupancy; or 2) two (2) years after the filing of the final plat.
B. All contracts for the construction of any such public improvements shall be subject on request to review and approval by the city engineer prior to the commencement of construction, and all such contracts shall contain contractors' warranties of material and workmanship in form and substance approved by the city engineer. The obligation of the owner or subdivider to provide such public improvements shall include, without limitation, the furnishing of all necessary surveys, engineering and location, communications with contractor, review and approval of periodic pay estimates, and all other services customarily performed by a registered professional engineer providing general supervision of such work, and the city shall have no liability or responsibility for any such services. At all times during the progress of construction of such public improvements, the owner or subdivider shall permit the city administrator, the project engineer, the city engineer, and their duly authorized representatives, to inspect any portion thereof; if the project engineer shall determine that such improvements or any portion thereof are not being constructed in accordance with the final plans and specifications previously approved by the city engineer, the project engineer shall have the right, with or without notice to the owner or subdivider, to stop the work of any contractor unless and until such contractor shall receive authorization from the project engineer for the resumption of such work with the concurrence of the city engineer.
C. Upon completion of the public improvements required under the provisions of this chapter, the owner or subdivider shall file with the project engineer, who shall submit to the city engineer for final approval, a certificate, certified by an Illinois registered professional engineer, to the effect that all such public improvements have been completed substantially in accordance with the final plans and specifications approved by the city engineer, and shall also file with the project engineer who shall submit to the city engineer for approval, a complete set of the "as built" engineering plans. The city engineer shall review such plans and shall inspect such work, and shall thereupon forward to the city council a written approval and acceptance thereof, together with a statement of any extraordinary costs incurred by the city in connection with the construction of such public improvements other than the review of plans and specifications and normal and customary inspections of the work. Within a reasonable time thereafter, the city council shall authorize the city administrator to release or refund to the depositor thereof any performance bond or escrow funds furnished under the foregoing provisions of this section 9-4-1; provided, that the city council may authorize deduction therefrom of any such extraordinary costs incurred by the city. (Ord. 99-40-0, 8-25-1999)
D. No release, reduction or refund of any performance bond or escrow funds furnished under the foregoing provisions of this section 9-4-1 shall be made prior to the completion of all public improvements required, written approval and acceptance of the required public improvements by the city engineer and authorization by the city council. (Ord. 00-05-0, 1-26-2000)