(A) Acceptance. Each development is required by this chapter to contain the necessary improvements as outlined in the previous sections. However, the acceptance of the required improvements is limited to the following types of developments:
(1) All improvements in a planned development as authorized by the village.
(2) The underground and surface improvements within the rights-of-way of public streets, easements, or outlots in a residential subdivision.
(3) All improvements within office, research, or industrial parks.
(4) Within other types of developments as authorized by the Village Board.
(B) Approval. When all required improvements, public and private, are completed in their entirety, the developer or owner must formally request the village, by letter, to accept or approve (for private improvements) the improvements and the developer or owner must, in such letter, guarantee them for a period of 1 year from the date of acceptance or approval (for public and private improvements).
(1) Prior to request for approval, the Village Engineer must be in receipt of:
(a) Test results.
(b) As-built GPS data must be provided to the village deemed compatible with the village's current GIS system. The Developer and/or his contractor shall be responsible for ensuring the GPS format used is compatible and acceptable to the village prior to the collection of said data. Data shall include:
1. Actual location and size of storm sewers, sanitary sewer and water mains showing all locations of all inlets, manholes, valve vaults, hydrants, and other appurtenances. Actual invert and rim elevations are to be given for all in lets and manholes.
2. Locations and dimensions of roadways, sidewalks, and easements.
3. Locations and sizes of all water and sanitary sewer services.
4. Contour lines of any detention facilities along with calculations indicating actual storage capacity.
5. Elevations of the tops of all foundations and the corners of all lots.
(c) An Illinois Environmental Protection Agency operating permit for all water main construction.
(2) Upon receipt of the letter of request, the Zoning Administrator will authorize and schedule a final inspection to take place as soon as reasonably possible after receipt of the letter.
(a) Final inspections shall not be scheduled between November 15 and April 1 unless, in the opinion of the Village Engineer, weather conditions permit.
(b) All deficient improvements which do not conform to this chapter (i.e., incomplete, damaged, or poor workmanship) will be inventoried.
(c) The inventory of deficiencies will be forwarded to the developer or owner for processing.
(d) When the deficiencies are corrected, the developer or owner shall request a second inspection. Scheduling of the second inspection shall be the same as for the first inspection.
(e) If the length of time between the first and second inspection is greater than 4 months or if the noted deficiencies are not correct at the time the second inspection is made, the request for acceptance will be cancelled.
(f) If cancelled, a second request letter will be required. The second request for acceptance is subject to the following conditions:
1. The developer or owner shall pay costs incurred by the person conducting the inspection.
2. The punch list of deficiencies recorded during the previous inspections will be voided and a complete re-inspection is required.
3. Surface maintenance. During the period between the installation of the final surface course on the roadways and the termination of the 1-year maintenance guarantee or the final acceptance of the public improvements, the Village Engineer may request the developer to seal all cracks that appear in the pavement section with an approved hot poured rubber asphalt sealing compound.
a. This crack sealing is limited to-those cracks that normally occur due to volume and thermal shrinkage.
b. All other types of pavement distress will have to be properly repaired to the satisfaction of the Village Engineer.
c. All cracks shall be properly routed and air-blown clean in accordance with the manufacturer's recommendations and to the satisfaction of the Village Engineer.
4. Final acceptance and approval. No improvements, public or private, shall be accepted or approved (for private improvements) by the Village Board prior to receipt of the Village Engineer's report specifying whether or not the improvements comply with this chapter and the approved plans and specifications.
5. Subdivisions with private improvements. Where any subdivision to be developed within the village pursuant to the requirements of this and other applicable village ordinances contains private improvements and/or private common areas, including without limitation improvements and areas such as private streets, detention or retention ponds, open space, landscaped areas, approved subdivision signage, private recreational areas, or private sanitary sewer or potable water facilities ("private improvements"), the subdivision shall be bound by a recorded declaration of covenants and restrictions ("declaration"), which declaration shall at a minimum contain a provision allowing the creation of a special service area in the event that such private improvements fail to be maintained in accordance with the applicable ordinances and requirements of the village, and otherwise in a "first-class condition," and which shall further place the permanent responsibility for such maintenance of the private improvements upon an association comprised of the owners of lots within the subdivision, and shall additionally provide that the owner, subdivider, developer, association and the respective successors, assignees and grantees thereof, shall not object to and agree to cooperated with the village, and the village will establish, a special service area ("SSA") for the property within such subdivision to be utilized as a means to ensure and provide for a source of revenue to help defray the costs for the care and maintenance of the private improvements, in the event that the private improvements fail to be maintained as herein required. The village and owner, developer or subdivider of the subdivision in question shall work together to create a maintenance plan for the private improvements prior to the actual transfer of the day-to-day responsibility thereof from the owner, developer or subdivider to the association; prior to such transfer the owner, developer or subdivider shall remain fully responsible for the maintenance and upkeep of the private improvements. If at any time the owner, developer or subdivider or association, as the case may be, fails to maintain the private improvements then the village shall have the right but not the obligation, to undertake such maintenance and utilize the SSA to provide funds to pay the costs of such maintenance undertaken by the village. The SSA shall provide for the authority of the village to levy up to $0.20 per $100 of assessed valuation ("rate cap") to fund the payment of the aforesaid costs and expenses. Notwithstanding the foregoing, the special tax roll shall not be levied hereunder, and the SSA shall be "dormant", and shall take effect only if the village finds a failure or default in the maintenance of the private improvements.
(Ord. 2007-15, passed 7-10-2007; Am. Ord. 2021-03, passed 3-9-2021) Penalty, see § 153.999