A. Compliance Required: The procedure for acceptance of the public improvements by the village is stated herein. The village engineer shall not recommend approval of the improvements to the board of trustees until all of the information submitted is in accordance with the procedures herein stated.
B. Inspections:
1. The developer's engineer shall conduct an inspection of the constructed improvements and shall identify any incomplete work or deficiencies in the construction work. A copy of the list which identifies incomplete, deficient, or defective work shall be provided to the village.
2. Upon completion of the construction work needed to address and correct items on said list, the developer's engineer shall notify the village engineer and the village that the improvements are substantially complete and ready for final observation by the village. The notification shall be accompanied by any testing results and documents required to verify compliance with ordinance requirements during construction.
3. Within approximately two (2) weeks of notification of substantial completion, the village engineer shall conduct a final observation of the constructed improvements. The developer's engineer shall, at the request of the village engineer, attend the final observation. At that time, the village engineer will identify any additional defects, deficiencies, or incomplete work. The developer shall correct the additional defects, deficiencies, or incomplete work identified within a reasonable time thereafter.
4. In the event that the final inspection identifies a significant number (i.e., more than 20) of additional defects, deficiencies, or incomplete work items, the final inspection shall be repeated to verify completion of the corrective construction activities. In the event that a second final inspection is required, the village clerk shall bill the subdivider for the village cost for the second inspection and any subsequent inspections necessitated by the subdivider's failure to construct improvements in accordance with approved engineering drawings and specifications and this title. Such costs shall be based on the actual out of pocket costs incurred by the village. The subdivider's construction performance bond shall not be released until the village has been reimbursed for these costs.
C. Engineer's Certificate:
1. Before the completed improvements are approved or accepted by the village, the subdivider's engineer shall furnish the village engineer three (3) copies of a completion certificate form approved by the village that is certified from a licensed engineer which states the improvements comply with all requirements of the approved engineering drawings and specifications and are free from all defects or deficiencies.
2. The developer's engineer, who will certify the construction of the improvements, shall not have an ownership interest in the subdivision or be a regular employee of the subdivider.
D. Record Drawings:
1. After completion of the project and prior to acceptance by the village board of trustees, the subdivider's engineer shall furnish the village engineer three (3) complete sets of record drawings, with each sheet clearly marked as such and dated in the lower right hand corner. These drawings shall indicate the final location of all improvements.
2. The record drawings shall contain record data concerning the construction of all public facilities.
a. Rim elevations, invert elevations, and gradients shall be provided for all sewers.
b. The location and invert elevation of all sanitary sewer service lines shall be provided.
c. The depth and location of all water mains and force mains shall be provided.
d. Valve boxes shall be located.
e. Operation and maintenance manuals shall be provided for lift stations or other equipment.
f. Pavement elevations and gradients shall be shown.
g. Ground surface elevations along swales and within lots shall be provided.
h. The locations of all buried utilities installed by the contractor or the utility company (i.e., gas lines, buried telephone, electric, cable television, etc.) shall also be plotted and shown on the record drawings.
E. Maintenance Bond:
1. The subdivider must also furnish the chair of the economic development committee, as a condition of acceptance of the public improvements, a maintenance bond, in the amount equal to fifteen percent (15%) of the estimated costs of the public improvements in said subdivision, in a form approved by the village and as specified for construction performance bonds described in subsection 12-4-6D of this chapter.
2. The condition of the maintenance bond shall be that the principal shall guarantee maintenance of the public improvements for a period of one year from the release of the construction bond. The village board of trustees shall release maintenance bonds and the surety thereon upon satisfaction of the conditions of the bond.
3. The subdivider shall maintain all subdivision improvements free from defects for a period of one year after the date the board of trustees accepts the subdivision improvements.
4. A defect which may be repaired is:
a. Any failure of a subdivision improvement to operate in conformance with this title during the maintenance period; or
b. The appearance of any defect in a subdivision improvement which is discovered during an inspection of the improvement made by village personnel within a reasonable period of time after the subdivider's request for the release of the maintenance portion of the bond or at any time prior to that inspection; or
c. The failure to design and construct a subdivision improvement required by this title and not previously waived, the need for which is unknown at the time of the approval of the drawings and which is discovered prior to the end of the maintenance period.
d. "Free of defects" means that all subdivision improvements are functioning in accordance with the purpose for which they were designed and that the improvements have not deteriorated other than to the extent of normal wear.
F. Offer Of Irrevocable Conveyance Of Improvements: The subdivider must also furnish the chair of the economic development committee, as a condition of acceptance of the public improvements, an offer of irrevocable conveyance on a form approved by the village.****
G. Bill Of Sale: The subdivider must also furnish the chair of the economic development committee, as a condition of acceptance of the public improvements, a bill of sale. The bill of sale shall serve as a means of clarification of ownership when the subdivider dedicates public improvements to the village. The bill of sale shall be in a form acceptable to the village attorney.
H. Engineer Recommendation: Within approximately two (2) weeks of receipt of the record drawings, engineer's certificate of completion, and all supporting documentation, the village engineer shall submit a recommendation to the village board of trustees concerning acceptance of the subdivision improvements.
I. Village Board Action: The board of trustees shall review the materials and information submitted within a reasonable time thereafter, and shall accept, conditionally accept, or reject the completed improvements, and shall clearly state the reasons for their actions.
1. If the improvements are accepted, the construction performance bond shall be returned, and the one year warranty period shall commence.
2. If the improvements are conditionally accepted, the amount of the surety for the construction performance bond may be reduced to the value of the remaining improvements, and the contractor shall continue work towards completion of those improvements. For the portions of the work accepted, the subdivider shall provide a maintenance bond, and the one year warranty period for the accepted work shall commence.
3. If the improvements are rejected, the board of trustees shall indicate the reasons for the rejection.
4. Use of the improvements by the public or maintenance of the improvements by any public entity, including, but not limited to, the village and the township road district, shall not constitute acceptance of any or all of the required improvements. (Ord. 2009-99, 8-24-2009; amd. 2011 Code)