(A) In any subdivision or development of land within the jurisdiction of the village, where the planning documents for the village, i.e. Comprehensive Plan and Utility Master Plan direct the design and construction of a certain size of utility appurtenance, including but not limited to transmission and collection lines, lift stations, storm water conveyance and water storage tanks in order to provide adequate utilities to the development or subdivision and parcels adjacent thereto, the Village Administrator or Village Engineer shall inform the applicant, developer or subdivider by written notice of the increased capacity required in order to serve the development or subdivision.
(B) A utility appurtenance shall be deemed oversized for the purposes of this section if the transmission or collection line exceeds 12 inches in diameter in order to serve the requirements of the development site or subdivision.
(C) Upon being furnished notice as set forth in this chapter, no applicant, developer or subdivider shall design nor install any utility appurtenance other than as provided in the notice by the Village Administrator or Village Engineer.
(D) At such time as the installation of the utility appurtenances are completed in accordance with the approved plans and specifications and the notice provided herein, and after approval and inspection by the Village Engineer, and where the utility appurtenance exceeds 12 inches in diameter, then the village may enter into a written agreement to allow the applicant, developer or subdivider to recover or recapture the difference in costs based upon actual prices at the time of installation by comparison to the utility appurtenances that were originally planned and deemed sufficient by the Village Administrator or Village Engineer to serve the development or subdivision. The written agreement may be in the form of a recapture agreement, cash payment(s), rebates of fees or some other consideration as approved by the corporate authorities for the village.
(Ord. 808, passed 4-19-2006)