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(A) Within three (3) business days from the date the Final Plat and all supporting documentation has been filed with the Village, the Code Administrator shall notify the President of the School Board of each public school district in which any of the subdivided land is located that said plat has been submitted for approval and is available for inspection.
(1) Said notice shall also give the date, time and location of the meeting at which it is anticipated that said plat will be considered by the Village Board for approval or disapproval.
(B) Within thirty (30) days from the date of submission of an Application for Final Plat Approval, or the filing of the last item of required supporting data, whichever is later, the Code Administrator shall review said Final Plat, and supporting data, and shall advise the Village Board in writing whether it substantially conforms to the approved Preliminary Plat.
(1) A copy of the Code Administrator's advisory report shall be forwarded to the Planning Commission, who may prepare an addendum to said report if they so desire, and forward same to the Village Board.
(A) Within sixty (60) days from the date of submission of an Application for Final Plat Approval, or the filing of the last item of required supporting data, whichever date is later, the Village Board shall either approve or disapprove said application by Resolution unless the Board and the Subdivider/Developer mutually agree to extend this time limit.
(1) Failure to act within the prescribed time limits shall be deemed approval.
(B) The Village Board shall not approve any Final Plat unless:
(1) The Final Plat substantially conforms to the approved Preliminary Plat; and
(2) The Final Plat manifests substantial compliance with the Official Map and with the design and improvement standards of this Chapter; and
(3) To the Council's knowledge and belief, the Final Plat complies with all pertinent requirements of State law; and
(4) Either of the following has been met:
(a) All required improvements have been completed, inspected, dedicated, and accepted; or
(b) The Subdivider/Developer has deposited funds in escrow to guarantee the satisfactory completion and dedication of all required improvements.
(C) If the Villager Board disapproves the Final Plat, their Resolution shall specify the aspects in which the plat fails to meet the above conditions for approval.
(D) The Village Clerk shall attach a certified copy of the Board's Resolution of approval or disapproval to the Final Plat. One (1) copy of the Resolution and plat shall be retained by the Clerk, one (1) copy shall be filed with the Administrator, and one (1) copy shall be given to the Subdivider/Developer.
(E) The Village Clerk shall also return the original mylar of the Final Plat to the Subdivider/Developer, with appropriate signatures of Village Officials.
(1) Within sixty (60) days following approval by the Village, the Subdivider/Developer shall secure all remaining required signatures and cause said Final Plat to be filed and recorded with the County Recorder of Deeds.
(2) The Subdivider/Developer shall thereafter provide the Building Department with three (3) prints and one (1) mylar reproducible of the recorded plat.
Once a Final Plat is approved by the Village Board, it shall not thereafter be modified; provided, however, that minor changes may be made upon written application to the Code Administrator. Major changes shall require the filing of a new Final Plat and complete review as provided for herein.
Subsequent to completion of the improvements within the development by the Subdivider/Developer, the Village Engineer and Code Administrator shall make an inspection of said improvements to ascertain the acceptability of the structural condition, earth slopes, and drainage structures, and that all other requirements of this Chapter have been met.
(A) If said inspection indicates no deficient items and, all ''as built" drawings have been filed with the Code Administrator, and the Subdivider/Developer has posted an appropriate Maintenance Bond, as hereinafter set forth, the Village Board shall take formal action to dedicate the completed improvements for maintenance.
(B) Should any improvement require correction or repair, the Subdivider/Developer shall be notified, in writing, of each deficiency.
(1) No street(s) will be accepted in a subdivision until all streets comply with the requirements of this Chapter to the satisfaction of the Village Engineer and Code Administrator.
(C) Should the Subdivider/Developer fail to properly correct any of the noted deficiencies, he shall be responsible for all maintenance, other than snow and ice control, until such time as the streets are completely acceptable to the Village.
(1) Under this situation, the Subdivider/Developer's maintenance responsibility shall be construed to include, but not be limited to, regular mowing of the parkways; periodic cleaning of debris from the pavement and gutters; and periodic cleaning of storm sewers and catch basins.
(2) Should the Subdivider/Developer fail to discharge any of these responsibilities, he will be notified to rectify the situation by the Building Department.
(A) All improvements within a development shall be guaranteed by the developer to be in satisfactory condition and in compliance with this Chapter for a period of two (2) years from the date of acceptance by the Village.
(B) Prior to dedication and acceptance, the Subdivider/Developer shall post a Maintenance Bond with the Village Clerk in a form approved by the Village Attorney.
(1) Said bond shall be in an amount determined by the Village Engineer to be sufficient to guarantee the satisfactory condition of the required improvements for a period of at least three (3) years, generally twenty-five percent (25%) of the estimated construction costs.
(C) If at any time during the guarantee period any improvements are found to be defective, they shall be repaired or replaced at the Subdivider/Developer's expense.
(1) If the Subdivider/Developer fails or refuses to pay such costs within thirty (30) days after demand is made upon him by the Code Administrator, the Village shall use the Maintenance Bond to make the necessary repairs/ replacement.
(2) If the cost of repairs/replacement exceeds the bond amount, the Subdivider/Developer shall be liable for the excess.
(D) At the end of the two (2) year guarantee period, the Subdivider/ Developer shall request a final inspection of all subdivision improvements, by sending written notice to the Village at least thirty (30) days prior to the end of said period.
(1) The Village Engineer shall verify to the best of his ability that each improvement complies with the provisions of this Chapter.
(2) The Subdivider/Developer shall be notified in writing of any improvements that are found to be defective and shall repair or replaced said deficiencies at his expense.
(3) When all improvements pass the final inspection, the Village shall issue a letter releasing the Subdivider/Developer from any further responsibility for said improvements.
(4) Should the Subdivider/Developer fail to request a final inspection in writing at least thirty (30) days prior to the end of the guarantee period, said guarantee period shall be extended until thirty (30) days after such time as a request is received and the improvements are inspected and determined to be acceptable to the Village.
(A) Any Subdivider/Developer desiring a variation from the requirements of this Chapter shall file a written application therefor with the Code Administration Officer at the same time that he files his Preliminary Plat, utilizing the form provided herein as Exhibit 34-4-5.
(1) The application shall fully explain the grounds for the variance request and specify the Section(s) of this Chapter that, if strictly applied, would cause great practical difficulties or hardship.
(2) The Code Administrator shall prepare an Advisory Report on every application for variation and submit it, together with the completed application, to the Planning Commission.
(3) Any variation proposed herein by the developer, which is in effect a variation of the provisions of the Code of Ordinances adopted by the Village, shall only be allowed and granted in compliance with the procedures outlined in said code. Nothing contained herein shall be construed as to allow a variation of lot size, setbacks, or any other regulation of the Zoning Code.
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