(A) Improvements required and/or regulated by this chapter shall be constructed in accordance with approved construction plans and specifications, the standards, requirements, and regulations set forth in this chapter, and other applicable village ordinances.
(B) If in the course of construction the subdivider wishes to modify the size, type, quality, performance, and/or location of any or all of the improvements required or regulated by these regulations, the subdivider’s engineer shall submit a request to the Village Engineer for review and approval of the change prior to proceeding with installation of the modified improvement. Minor field changes based on field conditions that do not impact the suitability or performance of the improvements shall not require advance review and approval of the Village Engineer. Verbal requests shall be followed by written documentation submitted within two days to the village designated staff person.
(C) It shall be the duty of the subdivider’s engineer to notify the Village Engineer and Village Planner at least one day in advance of any starting, suspension, resumption, or completion of each phase of construction work. This requirement shall not apply to work suspended for less than one week by reason of adverse weather conditions.
(D) The degree of engineering observation during actual construction operations (as contrasted with preparatory and cleanup operations, for example) shall be 100% during storm drain, sanitary sewer, water main, force main and pavement construction. The observation shall be performed by the developer’s engineer. All construction shall be performed in accordance with the approved construction plans and specifications, with an observer present as stated herein, or village staff shall be authorized to stop all construction operations.
(E) Weekly progress reports of construction are required to be sent to the village designated staff person at the beginning of each week. These may take the form of email correspondence. The weekly report shall set forth a general outline of the work completed during the previous week and the anticipated work to be undertaken during the current week. Minor and major field changes to the design of the improvements shall be documented.
(F) The inspection of the construction work by the developer’s engineer shall be adequate to assure that all work complies with the approved construction plans and specifications and the requirements of this chapter.
(G) Tests required by this chapter shall be performed solely by an IDOT qualified independent testing laboratory; the subdivider’s engineer or qualified personnel employed by the subdivider’s engineer, and shall be performed at the subdivider’s expense. The subdivider shall direct that the results of required tests be mailed or delivered to the village designated staff person within two weeks of completion of the test and that no test result be withheld from the village.
(H) Notice of violations. Village staff may serve a notice of violation and stop work order upon any person responsible, in whole or part, for the construction, alteration, repair, maintenance or removal of public improvements in violation of construction plans and specifications approved pursuant to this chapter, or otherwise in violation of this chapter. The order may direct the discontinuance of the illegal action or condition and the abatement of the violation.
(I) Stop work orders. Upon notice from village staff that work on any public or quasi-public improvement is being prosecuted contrary to the provisions of the chapter or is be prosecuted in an unsafe or dangerous manner, the work shall be immediately stopped. Such a notice stopping work (a stop-work order) shall be in writing and shall be served upon or otherwise given to the subdivider, the subdivider’s engineer, or to any person in charge of or performing work on public or quasi-public improvements in the subdivision, or to an agent of any of the foregoing. Such an order shall state the conditions under which work may be resumed. No person shall continue any work after having been served with a stop-work order, except such work as is directed to be performed to remove a violation or dangerous or unsafe conditions, as provided in the order.
(J) Appeals. The subdivider, subdivider’s engineer, any person in charge of or performing work on public improvements in the subdivision or any other interested person may appeal to the Zoning Board of Appeals a decision of village staff issuing a notice of violation or stop-work order pursuant to this section. The appeal shall be in writing setting forth the reasons for the appeal and shall be filed with the Village Clerk within ten days after receipt of the notice or stop-work order. The Zoning Board of Appeals shall fix a time and place for hearing the appeal, not more than 30 days following the receipt of the appeal by the Village Clerk. The filing of an appeal shall not operate as a stay of notice of violation or stop-work order.
(K) Resident observer.
(1) The subdivider’s engineer shall assign qualified personnel to the subdivision construction activities to observe the work and document the daily construction activities which occur. The resident observer assigned to a subdivision shall be experienced in site/civil infrastructure construction and shall have not less than 12 months of prior experience as a construction observer. The qualifications and resume of the construction observer assigned to the particular subdivision shall be provided to the village not less than ten business days before the start of any on-site construction activities. Village staff shall review the qualifications of the proposed resident observer. If village staff determines that the proposed resident observer is not qualified or not performing, the village shall notify the subdivider and the subdivider’s engineer that construction activities may not take place until a qualified resident observer has been assigned to the subdivision.
(2) In the event that the resident observer assigned to a subdivision must be replaced, the replacement individual shall also be pre-qualified in a like manner before any replacement occurs. Short substitutions of less than one week due to illness or other similar disruption shall not require prequalification of the substitute resident observer.
(3) Construction work performed without the physical presence on-site of the assigned resident observer may be rejected by the village as unsatisfactory.
(Ord. 15-12-01, passed 12-15-2015)