(a) Sidewalks shall be installed along the frontage and along the street on all improved lots within the municipality where adequate sidewalks do not now or hereafter exist. For purposes of this section the term “improved lot” shall mean any lot as defined in Ordinance No. 2001-1059 of the Subdivision Regulations for the Village of LaGrange and any amendments thereto, that is created or subdivided after the effective date of this ordinance, and any lot that is benefitted by an improvement as defined in Ordinance No. 2001-1059 of the Subdivision Regulations for the Village of LaGrange and any amendments thereto. This section shall be applicable to any subdivided land that shall hereafter become part of the territorial boundaries of the Village of LaGrange provided that sidewalks shall be constructed upon any such subdivided land not later than three years from the date any such land shall first become part of the territorial limits of the Village of LaGrange.
(b) No building permit shall be issued nor shall any subdivision approval be granted unless the plans submitted therefore include provisions for the installation of sidewalks and a deposit is made of twelve dollars ($12.00) per lineal foot of sidewalk to be constructed. Deposits made pursuant to this section shall be returned to the depositor thereof only after the building inspector has determined that there has been complete compliance with all applicable provisions of the Village sidewalk ordinances.
(c) No certificate of occupancy shall be issued unless and until sidewalks have been installed upon the real estate for which such permit is requested in accordance with the sidewalk ordinance of the Village.
(d) In lieu of the deposit provided for in subsection (b) hereof, any person, firm, or corporation who for hire or for another shall propose to construct and/or install any sidewalk within the Village of LaGrange, may first procure and deposit with the Village Clerk, a surety bond, in a form approved by the Village, which shall not expire sooner than one (1) year from the date of acceptance by the Village. Said bond shall be executed by a corporate surety in favor of the Village of LaGrange and shall be in the amount of ten thousand dollars ($10,000). Said Bond shall terminate only after the building inspector has determined that there has been complete compliance with all applicable provisions of the Village sidewalk ordinances. In the event the amount of the surety bond is less than the amount that would otherwise be required pursuant to paragraph (b) above, then such additional surety bond(s) shall be required to assure compliance with this section. Said surety bond(s) shall provide that the contractor shall fully and faithfully comply with all ordinances, resolutions, rules and regulations of the Village of LaGrange as are now enacted and which may hereinafter be enacted in relation to the construction and installation of sidewalks. Said surety shall further safeguard the Village and all persons from injuries or damages to persons or property arising by reason of the negligence or failure to properly perform the work carried out or undertaken, to correct and abate any violation of any Village ordinances, rule or regulations within a reasonable time as set by the Village Administrator. Said surety bond(s) shall further provide that upon the failure of any such person, firm or corporation to fully comply with any obligation imposed hereunder or under any Village Ordinance, rule or regulation, then and in that event the surety shall pay the Village the cost to complete, correct and/or abate any such violation.
(e) In addition to the authority to grant variances upon application of any property owner and upon the recommendation of the Sidewalk Committee, Council shall have the authority to grant such extensions from the requirements of this Section as it shall deem appropriate. Any such extension may be granted where, in the opinion of Council, circumstances exist that would make it impracticable or unreasonable to require the immediate installation of sidewalks. Such circumstances may include but shall not be limited to actual or proposed development of the property in question provided that any proposed development shall be commenced within such time as is determined by Council.
Upon granting of any extension under this Section, the applicant shall deposit with the Clerk of the Village of LaGrange, the amounts set forth in subsection (b) hereof or any amendments thereto above. If upon the expiration of any extension granted hereunder or upon the transfer of any interest in the property that is the subject to the extension, whichever shall first occur, sidewalks have not been installed, then the Village may but shall not be required to cause the installation of said sidewalks and apply the amounts deposited hereunder to the cost of such installation. In addition, the Village may recover, in a civil action, from the applicant any amounts expended or costs incurred by the Village in the installation of said sidewalks that exceed the amounts deposited hereunder. Nothing in this section shall be construed to be a waiver of the right of the Village to cause the installation of sidewalks and assess the costs therefore according to law. (Ord. 2004-2057. Passed 12-30-04.)