§ 151.202  CONSTRUCTION OF IMPROVEMENTS.
   (A)   Commencement of subdivision construction activities.  The developer shall commence construction of subdivision improvements after the final plat has been approved by the Planning, Building and Zoning Committee and all prerequisites to commencement of construction (as set out in subsection (A)(1) below) have been met. The developer may begin construction of subdivision improvements prior to approval of the final plat, provided written notification has been received from the Planning, Building and Development Director that the final engineering plans for the subdivision have been approved by the Multi-Disciplinary Team and all required performance assurances have been provided.
      (1)   Prerequisites to commencement of subdivision construction.  Regardless of whether the final plat has been approved, construction of subdivision improvements may not begin until the developer has satisfied all of the following:
         (a)   A preconstruction conference is held in accordance with subsection (A)(2) below;
         (b)   A restoration assurance has been posted with the county in accordance with § 151.203;
         (c)   An access permit has been issued by the highway authority controlling access to the subdivision;
         (d)   A site development permit has been issued by the Director;
         (e)   Construction of public or community sanitary sewer and water facilities shall not begin until all required Illinois Environmental Protection Agency permits have been obtained; and
         (f)   All other local, state, or federal permits have been obtained.
      (2)   Preconstruction conference.  Prior to the commencement of any construction activities, a preconstruction conference shall be held between the Multi-Disciplinary Team, the developer, the engineer of record, and the general contractor unless the Multi-Disciplinary Team determines that a preconstruction conference is not necessary.
         (a)   Purpose.  The preconstruction conference is established to afford the developer, the engineer of record, and the contractor the opportunity to meet with the Multi-Disciplinary Team to discuss construction methods, construction schedules, inspection requirements and subdivision assurance procedures.
         (b)   Scheduling. The developer may request a preconstruction conference at any time after receiving written notice from the Director that the Multi-Disciplinary Team has approved the final engineering plans. Upon receipt of a request for a preconstruction conference, the Director shall place the subdivision on the agenda of the next regularly scheduled Multi-Disciplinary Team meeting if the meeting will not be conducted on the site of the subdivision or development. The Director shall notify Multi-Disciplinary Team and the developer of the date, time, and place of the meeting.
         (c)   Required information.  The developer shall be prepared to present all of the following information and documentation at the preconstruction conference:
            1.   Copies of the approved final engineering plans and specifications (signed, sealed, and marked “For Construction”);
            2.   Copies of the construction schedule approved during the review of final engineering plans, revised to include actual dates for the beginning and completion of each identified critical construction activity; and
            3.   Names, addresses, and phone numbers of the developer, the engineer of record, the general contractor and subcontractors contracted to install and construct required subdivision improvements.
   (B)   Construction of subdivision improvements.
      (1)   Responsibility for improvements.
         (a)   Developer. The developer shall be responsible for all of the following:
            1.   Installing all subdivision improvements in accordance with the standards of this chapter, Illinois Department of Transportation Standard Specifications for Road and Bridge Construction and the approved final engineering plans and specifications for the subdivision;
            2.   Maintaining all subdivision improvements in accordance with subsection (C) below;
            3.   All costs associated with inspections and field modifications during the subdivision guarantee period;
            4.   Submitting all test reports, plan amendments, as-built plans, and any other documentation required to verify the proper installation and functioning of subdivision improvements as required by this section; and
            5.   Contracting the services of the engineer of record to fulfill the responsibilities listed in this section.
         (b)   Engineer of record. The engineer of record shall be responsible for all of the following:
            1.   Assuming perpetual responsibility for the design of engineering improvements;
            2.   Assuring that all subdivision improvements are installed in accordance with the standards of this chapter, and the approved final engineering plans, and specifications for the subdivision;
            3.   Providing the personnel necessary on the site during all aspects of construction to monitor and inspect the installation and construction of required subdivision improvements;
            4.   Attending all inspections required by this section;
            5.   Preparing amendments and obtaining necessary approvals to the final engineering plans and associated documents necessitated by field modifications;
            6.   Preparing and obtaining approval of the proposed grading plans and changes in tops of foundation that differ from the approved final engineering plans;
            7.   Preparing as-built plans and providing written certification that all subdivision improvements have been completed in accordance with the standards of this chapter, theIllinois Department of Transportation’s Standard Specifications for Road and Bridge Construction and the approved final engineering plans and specifications for the subdivision;
            8.   Submitting cost estimates for reductions on subdivision assurances; and
            9.   Signing and sealing all required documents.
      (2)   Field modifications.  During the course of construction, the developer may encounter situations where field conditions and/or unforeseen circumstances require deviation from the approved final engineering plans and/or specifications for the subdivision.
         (a)   Emergency modifications.
            1.   Definition.  An emergency modification is a field modification to the design or specification of a subdivision improvement that is required to alleviate an imminent threat to the public’s health, safety, and/or general welfare.
            2.   Review and approval procedure.  Upon the identification of the need for an emergency modification, the developer immediately shall implement all necessary field modifications as recommended by the engineer of record. As soon as possible after identifying the need for an emergency modification, the developer also shall notify the Director that emergency field modifications are, or soon will be, under construction. Emergency modifications shall be reviewed and approved, after installation, as major modifications.
         (b)   Minor modification.
            1.   Definition.  A minor modification is a field modification to the design or specification of a subdivision improvement that involves only a minor deviation in the size, elevation, or location of the improvement or a change in the type, material, or manufacturer of the improvement. A minor modification shall not lower the ultimate level of performance for the subject improvement, result in higher maintenance costs or impair the function or purpose of any other platted or engineered improvement.
            2.   Review and approval procedure.  The developer shall comply with the following review and approval procedure upon the identification of the need for a minor modification.
               a.   The developer shall contact the appropriate Multi-Disciplinary Team agency. If the reviewing agency finds that the proposed modification is a major modification, the developer shall be directed to follow the review and approval procedures outlined for major modifications below.
               b.   The reviewing agency shall determine what information and documentation is required in order to adequately review the proposed modification. Following a review period, not to exceed ten days, the reviewing agency shall, in writing, approve, approve with conditions, or disapprove the proposed modification. The developer shall not commence implementation of the proposed modification until, and unless, written approval has been received. The reviewing agency also shall forward a copy of the approval to the Director.
         (c)   Major modification.
            1.   Definition.  A major modification is a field modification to the design or specification of a subdivision improvement that involves a significant deviation in the size, elevation, or location of the improvements. A major modification may impact the size, elevation, or location of other engineered improvement and also may affect the location of lots, outlots, easements, or other platted improvements.
            2.   Review and approval procedure.  The developer shall comply with the following review and approval procedure upon the identification of the need for a major modification or after the implementation of an emergency modification.
               a.   Application.  The following information shall be submitted to the Director:
                  (i)   A letter from the developer or engineer of record requesting the amendment accompanied by an application fee as set by the County Board;
                  (ii)   A narrative prepared by the engineer of record describing the reason, nature and extent of the change and its impact on the functioning and affect on the overall improvements in the subdivision; and
                  (iii)   All pertinent information related to the proposed modification, including but not limited to design calculations, revised final engineering plans, cost estimates, and any other information or documentation required by the Multi-Disciplinary Team.
               b.   Review.  Upon receipt of all required application materials, the Director shall forward the submittal to the Multi-Disciplinary Team. The Multi-Disciplinary Team shall have ten days to review the submittal and to provide written comments to the Director. Upon receipt of comments, the Director shall compile the comments for presentation to the developer at the Multi-Disciplinary Team meeting and shall place the subdivision on the agenda of the next regularly scheduled Multi-Disciplinary Team meeting. The Director shall notify the Multi-Disciplinary Team and the developer of the date, time, and place of the meeting.
               c.   Approval.  The Multi-Disciplinary Team shall approve, approve with conditions, or disapprove the proposed modification. No modification of the right-of-way or road-related standards of this subchapter shall be approved unless the proposal complies with Illinois Department of Transportation Standards and Specifications and has been approved by the Township Highway Commissioner and the County Engineer. The developer shall not commence implementation of the proposed modification until and unless written approval has been received from the Director.
               d.   Additional approvals required.  In instances where federal, state, and/or other local agencies are involved in approving the proposed modification, the developer shall be responsible for notifying these agencies and obtaining their approval.
         (d)   Documentation of modifications.  All deviations from the approved final engineering plans shall be identified by the engineer of record on the letter of certification and reflected on the as-built plans for the subdivision.
      (3)   Maintenance during construction. 
         (a)   Damage during construction.  The developer shall repair, replace, and/or adjust any existing public improvement, disturbance to any private property and/or improvements on private property, or proposed subdivision improvements damaged during the construction of the subdivision within the time period specified by the appropriate Multi-Disciplinary Team agency. All corrective actions taken shall be completed in accordance with the approved plans and specifications for the subdivision.
         (b)   Erosion control/natural resource protection.  The developer shall maintain all soil erosion sediment control and natural resource protection measures as required by §§ 151.070 through 151.072 and §§ 151.145 through 151.154 of this chapter and the approved final engineering plans throughout the duration of the guarantee period.
         (c)   Debris removal.  The developer shall keep all rights-of-way, sanitary sewers, water mains, stormwater management facilities, and open space areas free from junk and debris or other extraneous material during the construction of the subdivision. All adjoining roads shall be kept free of mud and construction debris. Any mud or construction debris tracked on adjoining roads shall be removed by the developer at least once a day or as needed to keep the pavement clean.
         (d)   Snow removal. The developer shall post on the property the 24-hour phone number and contact information for the contact person responsible for snow plowing services on all subdivision roads and sidewalks until the improvements are accepted by the Township Highway Commissioner or other agency having jurisdiction over the roads.
         (e)   Emergency work.  Upon receiving notice from the Planning, Building and Development Director, the developer shall initiate an immediate response to address an emergency associated with the failure of any subdivision improvement which may jeopardize the public’s health, safety, and/or general welfare. The developer’s failure to initiate an immediate response may result in the Planning, Building and Development Director authorizing the county agencies to initiate action to correct the noted failure and to draw on the restoration assurance to cover the costs associated with taking the corrective actions.
(Ord., § 10.18, passed 10-13-2009)