(A) The subdivider, his or her contractors, and suppliers shall be jointly and severally responsible that existing improvements and the property of the village are not damaged or rendered less useful or unsightly by the operations of the subdivider, his or her contractors, or suppliers. This provision is intended to include damage or nuisance with respect to the land, improvements or landscaping of the village; damage to existing streets, sidewalks, curbs and gutters, or parkways by passage thereover of equipment or trucks or by excavation for any purpose; the spillage or tracking of earth, sand or rock onto existing streets, sidewalks, curbs and gutters, or parkways; the washing by stormwater of earth or sand onto streets, sidewalks, curbs and gutters, or parkways, or into catch basins; damage of water mains, sanitary sewers, culverts or storm sewers. To reduce or localize the possibility of damage to streets by heavy trucking, the Superintendent of Public Works shall instruct the subdivider as to the streets to be used for access to the subdivision by equipment and trucks, and the subdivider shall be responsible for enforcement of this instruction on his or her contractors and their suppliers. The subdivider may be required to construct a temporary construction road in lieu of using local streets for access to and within the subdivision. The subdivider shall make provisions to prevent the washing of earth or sand onto sidewalks, streets, curbs and gutters, and into catch basins by stormwater.
(B) Where deemed advisable, the Board of Trustees shall require that the subdivider post a surety to guarantee repair of damages or abatement of nuisance. Where need for surety becomes apparent after construction is in process, the Superintendent of Public Works shall have the power to order construction discontinued until surety has been posted. Expenses incurred by the village in repairing damages, cleaning streets, catch basins and sewers shall be deducted from the surety.
(2000 Code, § 155.070) (Ord. 876, passed 8-4-1975) Penalty, see § 154.999