(A) All subdivisions within the Village's corporate boundary and planning jurisdiction shall provide, at the subdivider's expense, the following public improvements, in accordance with this Ordinance and the Village of Lisle Design Manual:
1. Street pavement, including combination curb and gutter.
2. Public sidewalks and pedestrian facilities.
3. Water supply and distribution system, including mains and service stubs.
4. Sanitary sewer system, including mains and service stubs.
5. Stormwater management facilities, including but not limited to storm sewers.
6. Street lighting facilities.
7. Fire hydrants.
8. Street signs.
9. Survey monuments and stakes.
10. Parkway landscaping.
(B) All plats of consolidation within the Village's corporate boundary shall provide, at the subdivider's expense, the following public improvements, in accordance with this Ordinance and the Village of Lisle Design Manual:
1. Street pavement, including combination curb and gutter.
2. Public sidewalks and pedestrian facilities.
3. Water supply and distribution system, including mains and service stubs.
4. Sanitary sewer system, including but not limited to mains and service stubs.
5. Stormwater management facilities, including storm sewers.
6. Street lighting facilities.
7. Fire hydrants.
8. Street signs.
9. Survey monuments and stakes.
10. Parkway landscaping.
(C) Construction of all improvements (with the exception of the final surface course of asphalt on dedicated streets, sidewalks, and parkway landscaping) required by this Chapter must be completed within two (2) years of the date of final plat of subdivision approval unless good cause can be shown for granting an extension of time.
1. The final roadway surface course of bituminous asphalt (surface) must be installed within three (3) years from the date of final plat approval or when individual buildings are completed on eighty percent (80%) of the lots in the subdivision, whichever comes first. When the final roadway surface course of asphalt is placed before eighty percent (80%) of the lots are built out, the subdivision warranty will not expire until two years after the completion of eighty percent (80%) of the lots.
2. Any gaps in the sidewalk or parkway landscaping shall be completed within two (2) years from the date of final plat approval or when individual buildings are completed on eighty percent (80%) of the lots in the subdivision, whichever comes first. For industrial or commercial developments, when individual buildings are completed on fifty percent (50%) of the lots have been completed
(D) If a final plat of subdivision is for only a portion of the subdivision for which a preliminary plat of subdivision was approved, the public improvements required to be constructed, installed and maintained in accordance with that final plat of subdivision must be those public improvements that the Village deems necessary to serve the lots shown on the final plat of subdivision.
(E) Building permits may not be issued until all required public improvements are completed and operable, with the exception of the final roadway surface course of bituminous asphalt if a two-layer construction is used. The final surface course of asphalt must be completed before acceptance of the subdivision.
(F) Until final acceptance of public improvements by the Village, the developer is solely responsible for:
1. Maintaining all public improvements;
2. Vegetation maintenance and weed abatement;
3. Keeping all public ways, sewers and drains free from soil, debris and trash;
4. Providing for snow removal on all streets within the subdivision.
(a) The developer is required to provide snow removal on all streets within the subdivision until acceptance of improvements by the Village. However, if the developer does not promptly remove snow, the Village may clear the snow and submit the invoice for this work to the developer for payment. If the developer does not pay this invoice, the construction security may be utilized to pay the snow removal costs.
(Ord. 2024-5096, 10-7-2024)
(A) Prior to issuance of a site development permit, the Owner shall submit to the Village, construction security to guarantee completion of public improvements prior to the expiration of two (2) years from the approval and recording of the final plat of subdivision. Such construction security shall be one hundred ten percent (110%) of the engineer's probable estimate of cost. Such construction security shall be in one of the following forms:
1. A cash security deposit, together with an agreement for the disposition thereof, in form and substance as set forth in the Village of Lisle Design Manual.
2. An irrevocable letter of credit in form and substance as set forth in the Village of Lisle Design Manual. The letter of credit must be an original copy. All letters of credit shall be valid for a minimum of a one-year term, and the permit applicant shall be responsible for maintaining the letter of credit at all times during the construction of the public improvements.
3. A performance bond in form and substance as set forth in the Village of Lisle Design Manual. The performance bond must be an original copy. All performance bonds shall be valid for a minimum of a one-year term, and the permit applicant shall be responsible for maintaining the performance bond at all times during the construction of the public improvements.
4. In the event the construction security is insufficient to fund any charges, costs or expenses described in this section, including collection costs and attorney fees, the Owner shall be responsible for such deficiency. The Owner shall cause such deficiency to be paid to the Village upon thirty (30) days notice. In the event such payment is not timely made, the Village may institute appropriate proceedings to collect such amounts, plus all costs associated with such collection, including attorney fees.
(B) The Zoning Administrator, with concurrence of the Village Engineer, may reduce the public improvement construction security as each division of the required land improvements are initially accepted. Land improvements shall be divided into the following categories, as applicable:
1. Sanitary sewer mains and appurtenances;
2. Water mains and appurtenances;
3. Storm sewer mains, drainage ways, and storm water management facilities;
4. Streets and parkway grading and seeding/sodding;
5. Erosion and sediment control, mass grading;
6. Miscellaneous improvements (landscaping, street traffic signs, street lights, pedestrian paths, traffic signals, etc.).
(Ord. 2024-5096, 10-7-2024)
(A) Except as provided herein, all public improvements to be transferred to the Village must be properly completed before acceptance by the Village. Where, in the sole discretion of the Village, it is determined that it is in the best interest of the Village that completion of parkway restoration and/or sidewalks be delayed to prevent damage during subsequent construction activity, the Village may accept all properly completed public improvements, retaining a portion of the construction security to ensure proper completion of the parkway restoration and/or sidewalks.
(B) Upon completion of the public improvements required under the provisions of this Subdivision Ordinance, the Owner shall file with the Village all of the following:
1. Certification by an Illinois registered professional engineer, to the effect that all such public improvements have been completed substantially in accordance with the final plans and specifications approved by the Village;
2. Surveyor's statement signed by an Illinois licensed Professional Land Surveyor stating that all of the required monuments and irons are in place;
3. Record (as-built) drawings in the form and manner as established by the Village of Lisle Design Manual;
4. Appropriate bills of sale, Contractor's Affidavit, and lien waivers for those required public improvements to be transferred to the Village. The Contractor's Affidavit and Lien Waivers shall be in accordance with the Illinois Mechanics Lien Act;
5. Recorded copy of homeowner's association covenants, code, and restrictions;
6. Guarantee security as required under this Ordinance;
7. Storm sewer cleaning and televising report;
8. Sanitary sewer televising report;
9. Maintenance and monitoring for wetlands and stormwater best management practices, if required; and
10. Any other documents determined as appropriate by the Village Engineer.
(C) In accepting public improvements, the Village shall release or refund to the depositor thereof the construction security, or such part thereof applicable to the accepted public improvements. Provided, the Village may authorize retention or deduction therefrom for the following:
1. An amount equal to any extraordinary costs incurred by the Village; and/or
2. An amount necessary to secure completion of any uncompleted parkway restoration or sidewalks; and/or
3. An amount necessary to fund the guarantee of completed public improvements as required under this Subdivision Ordinance.
(Ord. 2024-5096, 10-7-2024)
(A) The Owner shall guarantee the public improvements for a period of eighteen (18) months from the date the Village accepts such improvements. During such eighteen (18)-month period, the owner shall be obligated, upon written notice from the Village as provided herein, to repair or reconstruct any public improvement or portion thereof which may deteriorate, fail or otherwise cease to meet the standard established by the engineer's certificate or record drawings.
(B) The Village shall provide written notice to the Owner of deterioration of public improvements, specifying a time period in which such deterioration is to be remedied and the Owner shall perform the necessary repair or reconstruction at his/her own expense, within the time specified.
(C) In the event that it is determined by the Village that failure of the Owner to restore existing public improvements will result in imminent hazard to life or property within the subdivision or in areas adjacent thereto the Village may, without prior notice to the Owner, perform or have performed on its behalf any restoration work reasonably necessary to prevent such hazards. Within thirty (30) days thereafter, the Owner shall be notified in writing by the Village of the performance of such work and of the cost thereof. Within thirty (30) days from notification from the Village of the work performed and the cost of the work, Owner shall reimburse the Village for the full amount incurred by the Village.
(D) As a condition of, and prior to, acceptance of any public improvement, the Owner shall submit to the office of the Village Engineer, guarantee security to secure the performance of the obligations imposed by this Section. The guarantee security shall be in the amount of twenty percent (20%) of the total cost of the public improvements, which shall expire no earlier than eighteen (18)-months after acceptance of such public improvements by the Village Council. Such guarantee security shall be in one of the following forms:
1. A cash security deposit, together with an agreement for the disposition thereof, in form and substance as set forth in the Village of Lisle Design Manual.
2. An irrevocable letter of credit. The letter of credit must be an original copy. All letters of credit shall be valid for a minimum of a one-year term, and the permit applicant shall be responsible for maintaining the letter of credit at all times during the eighteen (18)-month guarantee period.
3. A performance bond in form and substance as set forth in the Village of Lisle Design Manual. The performance bond must be an original copy. All performance bonds shall be valid for a minimum of an eighteen (18)-month term, and the permit applicant shall be responsible for maintaining the performance bond at all times during the eighteen (18)-month guarantee period.
(E) In the event the guarantee security is insufficient to fund any charges, costs or expenses described in this section, including collection costs and attorney fees, the Owner shall be responsible for such deficiency. The Owner shall cause such deficiency to be paid to the Village upon thirty (30) days notice. In the event such payment is not timely made, the Village may institute appropriate proceedings to collect such amounts, plus all costs associated with such collection, including attorney fees.
(Ord. 2024-5096, 10-7-2024)
(A) Grant of Easement:
1. Access to privately-owned land for inspection and maintenance of, including but not limited to, open space, common area, recreational areas, site runoff storage facilities, compensatory storage facilities, stormwater facilities, storm sewers, and Village utility systems shall be through a grant of easement in a form as established by the Village of Lisle Design Manual.
2. Open space, common area, recreational areas, site runoff storage facilities, compensatory storage facilities, stormwater facilities, storm sewers, and Village utility systems not already located in dedicated rights-of-way or easements, shall be located either:
(a) On a parcel granted or dedicated to, and accepted by, a public entity; or
(b) On a parcel, or parcels, conveyed by plat as undivided equal interests to each lot in the subdivision or otherwise conveyed or dedicated to conservation or land preservation entities.
(B) Covenants: When title to land containing open space, site runoff storage facilities, compensatory storage facilities, stormwater systems, storm sewers, or other Village utility systems is conveyed by plat as undivided equal interests to each lot in the subdivision:
1. A covenant shall appear on the face of the plat of subdivision, and on each deed conveying ownership of a subdivision lot, which states that title to such land shall be held in undivided equal interests by each lot owner within the subdivision; and
2. A covenant shall appear on the face of the plat of subdivision, and on each deed conveying ownership of the subdivision lots, which states that in the event the governmental unit having easement rights exercises its right to perform maintenance to such land, that governmental unit may lien each lot within the subdivision for the costs of any maintenance work performed.
(C) Property Owner Associations:
1. A property owner association may be established for the maintenance of the common areas and facilities, payment of property taxes, and the assessment and collection of owner dues or fees to fund said activities. Such associations shall be duly incorporated and the property owner association's declaration of covenants and bylaws shall be recorded against the title for all lots in that subdivision.
2. Documents providing for the establishment of a property owner association must be submitted to the Village before approval and recordation of a final plat of subdivision.
(a) The documents shall ensure that the property owners association has clear legal authority to maintain and exercise control over the common areas and facilities, including the power to compel contributions from residents and property owners to cover their proportionate share of the costs associated with the maintenance of the common areas and facilities.
(D) Special Service Area:
1. The Village may require a backup special service area to be established that may provide any or all of the following services: maintenance of curbs, alleys, and parking areas, including but not limited to snow removal, salt/sand spreading, street sweeping, striping, and traffic controls; sidewalks and trails; street lighting; street and community identification signs; landscaping and fencing along rights-of-way and common areas; security; residential waste collection, recycling, and yard waste; common area benches, waste and recycling receptacles and other furniture; pest control; pond aerators; parkway tree removal and replacement; common area or open space maintenance; stormwater facility maintenance; site runoff storage facility maintenance; compensatory storage facility maintenance; stormwater system maintenance; storm sewers maintenance; Village utility system maintenance; SSA administration and staffing, and other services as it relates to subdivision maintenance.
2. If the Village requires a backup special service area to be established, a declaration of consent consenting to the establishment of a maintenance special service area shall be recorded concurrent with the final plat of subdivision and any other documents as may be necessary to establish a backup special service area shall be executed by Owner prior to recording of the final plat of subdivision.
(a) The terms of the declaration of consent shall run with the land and be binding on all future owners of property within the subdivision.
(Ord. 2024-5096, 10-7-2024)