A. Improvement Plans; Fees: All improvement plans shall be submitted by the planning commission to the village engineer and the superintendent of public works for approval before final plat approval. Fees for the review and inspection of any improvement are included in the subdivision review fee provided in subsection 9-1-7B of this title.
B. Map: Upon completion of the construction in place of all service connections with utility mains and gas distribution systems, three (3) copies of an accurate map or maps showing the exact location of all mains and the gas distribution systems, together with manholes, shutoff valves, and other similar facilities being a part thereof, by distances in feet from street lines, and the side lot lines, approved by the village engineer shall be filed with the village clerk who shall retain one copy in the permanent records of the village and give the other copies to appropriate village employees for their official files.
C. Certification; Connections; Liability:
1. Certification By Village Engineer: Improvements shall be acceptable by the board of trustees after completion of certification by the village engineer that all construction is in accordance with previously approved plans and specifications.
2. Connection To Systems; Fees: No permanent connections shall be made to sanitary sewer or water facilities or gas distribution systems by the subdivider, his agents and employees, until after the certification has been made by the engineer and approval by the village board, and then only after proper fees and monies have been paid to the village, as set forth in this title, and connection fees as set forth elsewhere in this code.
3. Liability For Damages: Further, the village shall not be liable for any damages that may occur on any dedicated road within a new subdivision that has not been accepted as completed by motion of the village board, and the subdivider, his agents and employees, shall save the village free and harmless from any and all claims that may be submitted.
D. Maintenance Bond:
1. Deposit, Letters Of Credit, Bond: No improvements shall be accepted by the village until the subdivider shall provide a cash deposit, irrevocable letters of credit (in a form approved by the village attorney), or a maintenance bond equal to ten percent (10%) of the estimated cost of the improvements.
2. Duration: This deposit shall be a guarantee of satisfactory performance of the improvements constructed within the subdivision and shall be held by the village for a period of twelve (12) months after acceptance of such facilities by the village.
3. Refund: After such twelve (12) months, the deposit shall be refunded if no defects in materials or workmanship have developed, or if any defects have developed, then the balance of such deposit shall be refunded after reimbursement of the village for amounts expended in correcting defective improvements.
4. Release Of Performance Guarantee: The deposit under this subsection shall be made immediately upon completion and approval of the construction of said improvements, and the performance guarantee for the improvements shall thereupon be released.
E. Snow And Ice Removal:
1. Violation: The subdivider shall be responsible for keeping clear of ice and snow all dedicated streets within the subdivision which have been improved but not yet accepted by the village. If the subdivider fails to clear ice and snow from any such street within six (6) hours of any snowfall, such failure shall be considered a violation of the provisions of this section.
2. Agreement: The subdivider may fulfill the obligations imposed by subsection E1 of this section by entering into an agreement with the village whereby the village shall clear such streets of ice and snow in consideration of the subdivider's agreement to hold the village harmless for any damage to subdivision street improvements resulting from ice and snow removal, and to repair any such damages prior to acceptance of such street improvements by the village.
F. Penalty: Any person convicted of violating this section shall be subject to penalty as provided in section 1-4-1 of this code. (1997 Code)