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(a) Review Considerations. The Planning Commission shall review said Final plat and act thereon within sixty (60) days. The Planning Commission shall consider the following during their review:
(1) Stipulations. A listing of all stipulations shall be required and a schedule for the implementation of these by the subdivider. Failure to implement these stipulations shall be deemed a violation of the Plat approval and the subdivider shall be subject to the penalties herein provided.
(2) Plan, Plat and Document Changes. A detail listing of all plat, plan and document changes that were considered or recommended for document correction prior to the approval by the Planning Commission. Failure to implement these document changes before the Village Council review meeting shall be deemed a violation and the subdivider shall be subject to the penalties herein provided.
(3) Association Agreements, Bonds, Covenants, Easements and Deed Restrictions. A detail listing of all agreements and restrictions in addition to the required surety and bonds and insurances that will be imposed as a part of this subdivision and the time limits where such documents must be submitted to the Village. Failure to implement these shall be deemed a violation of the agreement and the subdivider shall be subject to the penalties herein provided.
(b) Planning Commission Options.
(1) The Commission may recommend approval of the Plat as submitted.
(2) The Planning Commission may request the plan be corrected or modified and returned at the next regular meeting when the sixty (60) day review cycle shall begin again after the subdivider has waived the sixty-day time line.
(3) The Planning Commission may conditionally approve the Plat assuming the subdivider has waived the sixty-day time line and stipulate the conditions of such approval. All stipulations and conditions shall be made or corrected, and shall be submitted to the Zoning Inspector, who shall within five (5) days forward such documents for review and approval by the Village Engineer. Such approval shall be submitted to the Planning Commission at their next meeting for verification before further action may be considered, when the sixty (60) day review cycle shall begin again.
(4) The Planning Commission may disapprove the Plat and express the reasons therefore. Once disapproved, the subdivider may appeal the decision within sixty (60) days or it shall be considered final.
(c) Review Documentation. The action of the Planning Commission shall be noted on four copies of the plans, and certified, signed, and dated by the chairman of the Planning Commission. (Ord. 19-10. Passed 11-7-19.)
The subdivider shall record the following on the deed for all affected lots in the subdivision:
(a) Wells and Transmission Lines. The existence and location of gas and oil wells, and all transmission lines and structures for the support, metering, and conveyance of such that are currently in use, not in use or abandoned.
(b) Soil Conditions. The soil suitability concerning the construction of basements.
(Ord. 19-10. Passed 11-7-19.)
(a) Agreement Requirement. Prior to Final Plat approval, the Planning Commission may require the subdivider to establish deed restrictions, covenants and/or an association of property owners or homeowners to assure that capital improvements, conservation areas, buffers, common ownership improvements and areas, easements, landscaping, public improvements, public access area or way, public right-of-way, flood area, waterway parklands, natural features and reserve areas are maintained, protected, and adequately funded at all times. The Village Solicitor shall review and approve such documents and require the addition of provisions that are deemed necessary to protect the Village and assure compliance.
(b) Inspection and Audit. The Village Planning Commission of the Village shall audit and inspect these agreements, easements, and covenants to assure the agreements are maintained, conditions sustained, and maintenance programs are funded properly.
(c) Appeal for Temporary Relief. The Planning Commission of the Village shall be named as the appeal organization for all decisions where conditions may require relief from a provision of such agreement or covenant. Such if approved shall require surety or a bond to be established to the satisfaction of the Village Solicitor to insure compliance and restoration.
(Ord. 19-10. Passed 11-7-19.)
Prior to final approval of the Village Council, the subdivider shall provide the following surety, bonds, and insurances.
(a) Construction Improvement Bond Requirement. The subdivider shall provide a performance bond secured by a Letter of Credit or a Pledge Account that in form and content is to the approval of the Village Solicitor: Said bond shall be in one of the following forms:
(1) The subdivider shall deposit a cash security with a local bank or a Letter of Credit in the amount of one hundred and ten percent (110%) of the approved estimated cost of the improvements including but not limited to common area improvements, erosion and sediment control, driveway aprons, landscape, and sidewalks as required by the Planning Commission. Said security shall be in favor of the Village of North Perry who shall have sole control of disbursement. The local bank shall be directed to pay out portions of the cash security towards the completion of said Subdivision Improvements only with the approval of the Village Engineer who shall require a balance to be maintained which, in his opinion, is sufficient to complete said improvements including administrative costs in accordance with the plans and specifications of the Village.
(2) A maximum time period of one (1) year is allowed for the completion of required Subdivision Improvements. In the event said Subdivision Improvements are not constructed within one (1) year time period or not maintained, the Village shall have the option after thirty (30) days written notice to the subdivider to complete and maintain said Subdivision Improvements and to collect and receive from the local bank any remaining balance of said deposit to be applied toward payment of all costs and expenses of administrating and completing said Subdivision Improvements; or: The subdivider may petition the Village Council to construct said
Subdivision Improvements and assess the total against the benefiting lots if approved by the Village Council, the subdivider shall furnish the Village with a bond, and with surety to the satisfaction of the Solicitor, guaranteeing the payment of the assessments as they fall due. Said bond may provide that as structures are constructed and sold to individual owners, the amount of the bond shall be reduced not more than once each year in proportion to the amount of the assessment against such lots. When structures have been completely constructed the bond shall be released.
(3) The subdivider may furnish a surety bond in the principal amount of the estimated cost of said Subdivision Improvements with surety to the satisfaction and in such form as is approved by the Solicitor, guaranteeing completion and maintenance of said Subdivision Improvements according to approved plans, profiles and specifications. Said bond shall remain in effect until said Subdivision Improvements have been completed and maintained as provided in these Subdivision Rules and until released by authority of Council. Said bond shall provide that upon default of performance by the subdivider, the Village may complete the same after thirty (30) days written notice and failure to cure within said 30 days by the subdivider.
(b) Restoration Bond. In addition to the required construction improvement performance bond, the Village Engineer shall require a restoration bond. Said bond shall be to insure restoration and repair of any damage done to street pavement, landscaping, natural area or other items within all rights-of-way and properties accessing the subdivision and required buffer areas. The amount of said bond shall be as determined by the Village Engineer based on his estimate of potential damage.
(c) Indemnity Insurance. A policy of indemnity insurance in the amount of at least one million dollars ($1,000,000) personal injury and bodily injury and five hundred thousand ($500.000) property damage and a contractual liability insurance policy protecting the Village against any claims for damage to person or property resulting from or by reason of the construction of the abovementioned improvements shall be furnished to the Village and maintained in force by the subdivider. The insurance shall name the Village as an additional insured in the policy. The insurance policy shall remain in full force and effect until all improvements are completed and maintained until dedication occurs to the satisfaction of the Village Council.
(Ord. 19-10. Passed 11-7-19.)
(a) Association Agreements, Covenants, Easements and Deed Restrictions. Before the Village Council meeting and Public Hearing to consider this application, the subdivider shall deliver to the Village Clerk a bond and other items as required including all association agreements, covenants, easements and deed restrictions for approval by the Village Solicitor.
(b) Document Requirements. Twelve (12) copies of the approved Final Plat, Construction Improvement Plans, and supporting data as required shall be submitted to the Village Zoning Inspector at least twenty (20) days prior to the meeting at which the Final Plat and Construction Improvement Plans are to be considered by the Village Council. The Zoning Inspector shall within five (5) days submit two (2) copies to the Village Engineer and the Village Solicitor for review. The Village Engineer shall confirm the plat and improvement plans comply with all Planning Commission approval requirements. The Village Engineer, Village Solicitor, and Zoning Inspector shall document their approval or rejection of these documents. Based on these recommendations, if corrections or modifications are required, the Planning Commission shall return the affected documents to the subdivider the Final Plat and require re-submittal of corrected documents, at which time the twenty (20) day cycle shall begin again.
(c) Schedule of Meeting. If approved by the Planning Commission, the Plat together with the Planning Commission's recommendation shall then be forwarded to the Village Council for consideration at the next regular meeting.
(d) Meeting and Decision Options. The Village Council shall within one hundred twenty (120) days from the date of recommendation of the Planning Commission:
(1) Schedule and conduct a Public Hearing on the subdivision before a decision of approval.
(2) Approve the plans and documents as submitted.
(3) Request the plans and documents be corrected or modified and returned at the next regular meeting, when the one hundred and twenty (120) day cycle shall begin again.
(4) Conditionally approve the plans and documents and stipulate the conditions of such approval. All stipulations and conditions shall be made or corrected, and shall be submitted to the Zoning Inspector on revised and redrawn engineering drawings, who shall within five (5) days forward such documents for review and approval by the Zoning Office and the Village Engineer. Such approval shall be submitted to the Village Council at their next regular meeting for verification before further action may be considered, when the One hundred twenty (120) day cycle shall begin again if the subdivider has waived the time line.
(5) The Village Council may disapprove the plan and express the reasons therefore. Once disapproved, the subdivider may appeal the decision within sixty (60) days or it shall be considered final.
(e) Endorsement of Plat. Upon review and approval of said items by the Village Council the Village Engineer, the Village Solicitor, Mayor and the Clerk-Treasurer shall sign and date the final plat to indicate the Village Council approval.
(f) Approval Limitation. Approval of a Final Plat by the Planning Commission, the Village Council, Village Engineer, Mayor, Solicitor, and Clerk-Treasurer shall not be an acceptance of any street or highway or other way or open space upon the plat.
(g) Time Limitation. The required bonds and surety shall be secured and posted within six (6) months from the date of Council's approval or the plan shall be null and void.
(Ord. 19-10. Passed 11-7-19.)
Utility approvals and endorsements and assurance of available capacity not to be limited to the telephone, electric, cable, gas, sanitary, and water shall be required and endorsed on the Final Plat prior to the submission to the Zoning Inspector.
(Ord. 19-10. Passed 11-7-19.)
(a) Time Limit. The final plat including the necessary approvals and endorsements in writing thereon shall be recorded in the office of the Lake County Recorder no later than six (6) months after the date of approval by the Village Council or the plan shall be null and void.
(b) Required Distribution of Plat. A full size copy of the final plat as recorded shall be submitted to the Village Engineer, Zoning Inspector and the Village Solicitor within ten (10) working days of such recording.
(Ord. 19-10. Passed 11-7-19.)
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