A. Performance Bond:
1. Each person who applies for a building permit for the construction of any new building, for an addition to an existing building, for remodeling of an existing building, or who applies for any site development permit to be issued pursuant to chapter 8 of this title or for any demolition permit shall post with the village collector a cash performance bond as follows:
a. One thousand dollars ($1,000.00) for any addition to an existing building or for any remodeling of an existing building where the total estimated scaled cost of construction is in excess of five thousand dollars ($5,000.00) but does not exceed one hundred thousand dollars ($100,000.00), or for any demolition permit.
b. One thousand dollars ($1,000.00) for any site development permit to be issued pursuant to chapter 8 of this title where the cost of the site work does not exceed one hundred thousand dollars ($100,000.00).
c. Two thousand dollars ($2,000.00) for any new building or for any addition to an existing building or for remodeling of any existing building where the total estimated scaled cost of construction exceeds one hundred thousand dollars ($100,000.00); and
d. Two thousand five hundred dollars ($2,500.00) for any site development permit to be issued pursuant to chapter 8 of this title where the cost of the site work exceeds one hundred thousand dollars ($100,000.00).
2. Such bond shall be refunded to the applicant if the village president finds that the construction, demolition and/or site work has been completed in compliance with this code and all other applicable rules, regulations and ordinances of the village and with state law. Otherwise, said performance bond shall be forfeited to the village without prejudice to the rights of the village to require compliance with this code and all other applicable rules, regulations and ordinances and with state law.
B. Road Bond:
1. Each person who applies for a building permit for the construction of any new building, for an addition to an existing building, or for remodeling of an existing building, or who applies for any site development permit to be issued pursuant to chapter 8 of this title, or for any demolition permit shall post with the village collector a cash road bond as follows:
a. One thousand dollars ($1,000.00) for any addition to an existing building or for any remodeling of an existing building where the total estimated scaled cost of construction is in excess of five thousand dollars ($5,000.00) but does not exceed one hundred thousand dollars ($100,000.00) or for any demolition permit;
b. One thousand dollars ($1,000.00) for any site development permit to be issued pursuant to chapter 8 of this title where the cost of the site work does not exceed one hundred thousand dollars ($100,000.00);
c. Two thousand dollars ($2,000.00) for any new building or for any addition to an existing building or for remodeling of any existing building where the total estimated scaled cost of construction exceeds one hundred thousand dollars ($100,000.00); and
d. Two thousand five hundred dollars ($2,500.00) for any site development permit to be issued pursuant to chapter 8 of this title where the cost of the site work exceeds one hundred thousand dollars ($100,000.00).
2. Such road bond shall be refunded to the applicant if the village president finds that the construction, demolition and/or site work has been completed without any substantial damage to the streets, roads or highways within the village, including immediate removal of any mud or debris therefrom. Otherwise, said cash road bond shall be forfeited to the village, without prejudice to the rights of the village to require compliance with this code and all other applicable rules, regulations and ordinances and with state law.
C. Release Of Bonds: The requirements for the release of the bonds specified in subsections A and B of this section shall include, but shall not be limited to, the following requirements:
1. A reasonably mature lawn which shall inhibit erosion shall be established and must extend through the ditch and parkway to the near edge of the paved roadway.
2. For all new construction and when work is performed in the right of way, culverts under driveways shall be constructed of corrugated metal or concrete, be at least twelve inches (12") in diameter and extend at least five feet (5') beyond the edges of the driveway and be terminated in flared end sections. Any damage to an existing culvert sustained during the construction shall have been repaired. In order that drainage not be impaired, ditches shall be properly graded, and culverts shall be cleaned of debris and silt.
3. Drainage pipes from curtain drains, sump pumps, roof drains, etc., shall end twenty feet (20') from any lot line and shall not extend into any right of way or any ditch or swale within the right of way or directly onto the neighboring property.
4. No posts (other than standard mailbox posts complying with the requirements of this code), and no rocks, structures, lights, light posts, or obstructions of any kind shall exist in the right of way. In addition, no structures (except for light posts) such as sheds, swing sets, shall be placed within the building setbacks.
5. Construction and landscaping shall be completed to that stage where the need for further heavy equipment or vehicles such as cement trucks, end loaders, etc., is unlikely.
6. Public roads shall be in the same condition as existed before construction commenced.
7. Damage to, or debris left upon, neighboring lots or rights of way attributable to the permittee's construction shall be repaired or removed. Ditch grading shall remain unimpaired at all times on adjacent lots so that drainage shall not be impeded in a manner which might result in standing water or soil erosion. Erosion fences or other such environmental protections, if required, shall be in place.
8. There shall be no evidence that the septic system is malfunctioning or of violations of this code relative to the septic system. Sprinkler systems shall not be installed within twenty five feet (25') of the septic seepage field.
D. Forfeiture: Any failure to comply with the provisions of subsections A, B, and/or C of this section or any other provisions of this code or any other applicable rules, regulations or ordinances of the village or the state law shall result in the forfeiture of any such cash bond held by the village; provided, however, that prior to any such forfeiture, the village shall give thirty (30) days' written notice by U.S. mail, postage prepaid, to the applicant at his last known address, that such action is contemplated and that the applicant has the right to request a hearing before the village president on the question of such forfeiture within that time period, and that if such applicant fails to do so, said bond shall be automatically forfeited. If any such cash bond is unclaimed for two (2) years, the same may be forfeited to the village by resolution adopted by the village board; provided, however, that prior to the passage of such a resolution, the village shall give thirty (30) days' written notice by U.S. mail, postage prepaid, to the applicant at his last known address, that such forfeiture is contemplated if such applicant fails to claim the funds in question within that time period. (Ord. 06-822, 3-14-2006)