(A) The developer’s engineer shall conduct a “punch list” inspection of the constructed improvements, and shall identify any incomplete work or deficiencies in the construction work. The “punch list” inspection shall be attended by the Village Engineer. A copy of the “punch list” which identifies incomplete, deficient, or defective work shall be prepared by the developer’s engineer and provided to the village. Upon completion of the construction work needed to address and correct “punch list” items, the developer’s engineer shall notify the Village Engineer and Village Planner that the improvements are substantially complete, and ready for semi-final inspection by the village. The notification shall be accompanied by the original “punch list” amended to denote corrective actions taken, pre-final “record” drawings which depict the constructed improvements, and by any other testing results and documents required to verify compliance with chapter requirements during construction.
(B) Within a reasonable time frame of receipt of the pre-final record drawings and the notification of substantial completion, the Village Engineer shall conduct a semi-final inspection of the constructed improvements. The developer’s engineer shall attend the semi-final inspection. At that time, the Village Engineer will identify any additional defects, deficiencies, or incomplete work. The developer shall correct the additional defects, deficiencies, or incomplete work identified within a reasonable time thereafter. Upon notification that all corrective work is complete, the Village Engineer shall make a final inspection of the constructed improvements and confirm that all previously identified defects, deficiencies, or incomplete work has been properly corrected.
(C) Before the completed improvements are approved or accepted by the village, the subdivider’s engineer shall furnish the village a completion certificate stating that the improvements comply with all the requirements of the approved construction plans and specifications and are free from all defects or deficiencies. The form of the engineer’s certificate shall be as set forth in administrative rules.
(D) For purposes of this chapter, a defect in a constructed infrastructure improvement shall include a failure to properly test and/or document testing of the constructed improvements. A defect shall also be considered construction of an infrastructure improvement without on-site presence of a village approved, qualified resident observer.
(E) The engineer who will certify the construction of the improvements shall not have an ownership interest in the subdivision nor be a regular employee of the subdivider.
(F) Before the completed improvements are approved or accepted by the village, the subdivider shall furnish the village with documentation certifying that all contractors, subcontractors, and material suppliers have been paid in full. The form of the documentation shall be as approved by the Village Engineer.
(G) In the event that the semi-final inspection identifies a significant number (i.e, more than 20 items or more than 20% of the original punch list items, whichever is greater) of additional defects, deficiencies, or incomplete work items, the semi-final inspection shall be repeated to verify completion of the corrective construction activities. In the event that a second semi-final inspection is required, the Village Clerk shall bill the subdivider for the village’s cost for the second inspection and any subsequent inspections necessitated by the subdivider’s failure to construction improvements in accordance with approved construction plans and specifications in this chapter. These costs shall be based on the actual out-of-pocket costs incurred by the village including staff hourly rates and any consultant fees. The subdivider’s performance bond and surety shall not be released until the village has been reimbursed for these costs.
(H) After completion of the project and prior to acceptance by the Village Board of Trustees, the subdivider’s engineer shall furnish the village four complete full size sets and one half size set of “as-built” plans with each sheet clearly marked “as-built” and dated in the lower right hand corner. These plans shall indicate the final locations of all improvements. In addition, an electronic copy of the “as-built” plans shall be submitted in a format as set forth in administrative rules.
(I) The “as-built” plans shall contain record data concerning the construction of all public and quasi-public facilities. “As-built” rim elevations, invert elevations, and gradients shall be provided for all sewers and drains. The location and invert elevation of all sanitary sewer service lines shall be provided. Valve boxes shall be located. Operation and maintenance manuals shall be provided for lift stations or other equipment. Pavement elevations and gradients shall be shown. Ground surface elevations along swales and within lots shall be provided. The locations of the constructed improvements shall be tied to the Illinois State Plane Coordinate System.
(J) Within approximately two weeks of receipt of satisfactory “as-built” plans, the engineer’s certificate of completion, and all supporting documentation, the Village Engineer shall submit a recommendation to the Village Board of Trustees concerning acceptance of the subdivision improvements. The Board of Trustees shall review the materials and information submitted within a reasonable time thereafter, and shall conditionally accept or reject the completed improvements, and shall clearly state the reasons for their actions.
(1) If the improvements are conditionally accepted, the amount of the surety for the performance bond may be reduced to 20% of the value of the improvements, and a one year warranty period shall commence.
(2) If the improvements are rejected, the Board of Trustees shall indicate the reasons for the rejection.
(3) Use of the improvements by the public or maintenance of the improvements by any public entity, including but not limited to the village, the Township Road District, and the Sangamon Valley Public Water District, shall not constitute acceptance of any or all of the required improvements.
(4) The performance bond and surety for improvements that are constructed for use by another government agency (e.g., Mahomet Township Road District and Sangamon Valley Public Water District) shall not be released without concurrence by that agency that the improvements are suitable for their intended use.
(K) Obligation to correct defects for one year. The subdivider shall maintain all subdivision improvements free from defects for a period of one year after the date the Village Board of Trustees issues a written notice of acceptance of all the subdivision improvements. The owner shall promptly correct any defect of which the owner has notice or which the village discovers, which defect occurs prior to the release of the performance bond and surety. The village shall notify the owner of any defects discovered by the village which occurred during this period and the owner shall promptly remedy the same.
(L) Partial acceptance. If the Village Board of Trustees accepts part but not all of the subdivision improvements, the part accepted must be maintained free of defects by the subdivider until the expiration of the maintenance period for all subdivision improvements.
(M) Defects defined and to be repaired. “Free from defects” means that all subdivision improvements are functioning in accordance with the purpose for which they were designed and that the improvements have not deteriorated other than to the extent of normal wear. Non-designed cracks in pavement or sidewalk shall not be considered normal wear. A defect which may be required to be repaired is any:
(1) Failure of a subdivision improvement to operate in conformance with this chapter during the maintenance period; or
(2) The appearance of any defect in a subdivision improvement which is discovered during an inspection of the improvement made by village staff within a reasonable period of time after the owner’s request for the release of the performance bond and surety or at any time prior to that inspection; or
(3) The failure to design and construct a subdivision improvement required by these regulations and not previously waived, the need for which is discovered prior to the end of the maintenance period.
(N) Project final out. Near the conclusion of the one year warranty period the Village Engineer shall make such investigations as is deemed appropriate to determine if the subdivision is free from defects. The following actions shall then occur:
(1) If the subdivision is free from defects the Village Engineer shall notify the Village Planner and the Village Attorney to release the subdivision bond and surety to the developer.
(2) If any defects are identified, the Village Engineer shall notify the subdivider of the defect and identify how the defect shall be remedied. The subdivider shall have 45 days thereafter to remedy the defect.
(3) Upon remedy of the defect to the satisfaction of the Village Engineer, the Village Administrator, the Village Planner and the Village Attorney shall be notified that the subdivision performance bond and surety may be released to the developer.
(4) If any defects are not remedied within 45 days, the village shall begin default proceedings against the subdivider, and shall use the proceeds of the performance bond and surety to correct said default.
(O) Maintenance responsibility. The owner/ developer shall be responsible for all maintenance of all public infrastructure and associated appurtenances until such time as all of the required subdivision improvements are inspected, approved, dedicated and officially accepted by the village, via a Village Board of Trustees resolution.
(Ord. 15-12-01, passed 12-15-2015)