The Owner/Developer of the land being developed shall be subject to the following obligations:
(a) All construction work and materials used in connection with improvements shall conform to the requirements of the Village and be installed under the general supervision of the Village Administrator. The Owner/Developer shall be responsible for the payment of all fees incurred by the Village pertaining to inspection of the improvements
(b) The Owner/Developer, or his agent, shall give five (5) working days notice to the Village for any inspection to be conducted. The Owner/Developer shall also insure that no work shall be covered or obscured prior to inspection by the Village.
(c) The Owner/Developer shall hold the Village free and harmless from any and all claims for damage of every nature arising or growing out of the construction of improvements or resulting from improvements and shall defend, at his own cost and expense, any suit or action brought against the Village by reason thereof;
(d) All improvements and utilities will be satisfactorily installed within one (1) year from the date of approval of the Construction Plans or within such other time schedule as specifically approved by the Planning and Zoning Board.
(e) As an alternative to the construction and approval of the required public improvements prior to recording the final plat, an acceptable performance assurance equal to one-hundred percent (100%) of the estimated cost of all required improvements, as approved by the Village Administrator, shall be deposited with the Village. Such performance assurance shall consist of one of the following:
(1) A performance or construction bond equal to the estimated construction cost as approved by the Village Administrator for the public improvements. Such bond shall be without time limit;
(2) A certified check equal to one hundred percent (100%) of the estimated construction cost as approved by the Village Administrator for the public improvement; or
(3) Subject to the approval of the chief fiscal officer of the Village, a certification to the Village by the institution, person or corporation financing the construction of the public improvements. Such certification shall consist of a subdivision bond, irrevocable letter of credit, or escrow account in favor of the Village, stipulating that the funds in the amount of the estimated construction cost are available and set aside from all other funds;
A. That these funds will not be released to the Owner/Developer, or their agent, unless said release is signed by the Village;
B. That such release by the Village only certifies that as best as the Village can determine, the construction was completed to the Village's satisfaction and does not relieve the Owner/ Developer of the Village's maintenance guarantee requirement;
C. That ten percent (10%) of all monies released will be placed in an escrow account for use by the Village should there be cause for the Village to have to finish any work through the default, neglect or negligence of the Owner/Developer, or their agents;
D. That only the Village shall have the right to release the funds in the escrow account; and
E. That acceptance of the public improvements by the Village and the posting of the one year maintenance guarantee shall constitute release of the funds in the escrow account lacking any formal release by the Village.
(f) All permits and approvals shall be obtained and all fees and deposits paid prior to beginning any construction of any improvements;
(g) During construction and prior to acceptance of any public improvement, the Owner/Developer shall remove or cause to be removed such dirt and debris and foreign matter from all public rights of way, improvements and/or easements as were deposited, left or resulted from the construction of improvements of any nature within the development. Such removal shall take place within twenty-four (24) hours after being notified by the Village that such work is required, and shall be completed to the satisfaction of the Village Administrator.
(h) All public improvements shall be guaranteed by the Owner/Developer for a period of one year from the date such improvement is accepted, in writing, by the Village. Such guarantee shall consist of a maintenance bond, certified check or other acceptable instrument, for ten percent (10%) of the total cost of the improvements. Such guarantee shall include any and all defects and deficiencies in workmanship and materials. The cost of all labor, materials, equipment and other incidentals required to maintain, repair and replace any or all of such improvements and to maintain them in good and proper condition, excluding ordinary wear and tear, but including filling trenches and restoring lawns, sidewalks, yards, streets, sewers, pipe lines, etc., during the one year guarantee period shall be assumed by such Owner/Developer. In the event the Owner/Developer fails to make such maintenance, repairs or replacements within a reasonable time after notice in writing by the Village, or in the event of an emergency which may endanger life or property, the Village may make or cause to be made, such repairs or replacements from the above guarantee.
(i) The Owner/Developer shall execute a development agreement with the Village, specifying the terms and conditions required under this Chapter.
(j) The Owner/Developer shall furnish to the Village final plats and as-built tracings of the construction drawings.
(k) No person or owner shall violate any of the regulations established in this Section and, upon violation, the Village shall have the authority to:
(1) Stop all work on the development site forthwith;
(2) Hold the bonding company responsible for the completion of the public improvement according to the approved construction drawings and the agreement.
(Ord. 2004-111. Passed 7-26-04.)