(a) Application for Acceptance. Upon completion of all required improvements, the subdivider shall submit to the Mayor a request to approve and accept said improvements. Such request shall be accompanied by a maintenance bond as set forth in Section 1131.02 to guarantee materials and workmanship for a period of three (3) years and as-built plans of all said improvements both in hard copy and diskette formats. (Ord. 1999-47. Passed 10-13-99.)
(b) Acceptance of Improvements for Maintenance and Opening of Street for Public Use.
(1) When all of the improvements have been completed and approved pursuant to Section 1129.13, as-built drawings have been prepared and submitted to the Village, and the subdivider has furnished the maintenance bond required by Section 1131.02, a final plat including land for public use may be submitted to the Council for acceptance of any improvements for maintenance and opening of the street for public use. The Village may consider acceptance of any improvement for maintenance and opening of a street for public use when minor improvements (for example, final paving course, sidewalks, street trees, etc.) have not been completed provided a performance guarantee, in addition to the maintenance bond required by this Section, acceptable to the Village Engineer, the Village Law Director, and the Building Commissioner has been provided to assure completion of the requisite improvements.
(2) The Building Commissioner shall forward a copy of the final plat including land for public use to the Law Director who shall prepare an ordinance accepting the public area improvements for maintenance for first reading at the next regularly scheduled Council meeting provided that all necessary documents were submitted to the Building Commissioner at least ten (10) days prior to the next regularly scheduled Council meeting. If the necessary documents were submitted to the Building Commissioner less than ten (10) days prior to the next regularly scheduled Council meeting, the ordinance shall be read on the first reading at the regular meeting of Council immediately following the next regular meeting. The ordinance shall be referred to the Planning and Zoning Commission for report and recommendation.
(3) The Planning and Zoning Commission shall act on the ordinance within ninety (90) days from the date of referral. If the Planning and Zoning Commission fails to act within ninety (90) days from the date of referral, the matter, consistent with Article III, Section 12 of the Charter, is deemed approved by the Planning and Zoning Commission.
(4) After receipt of reports and recommendations from Village officials and agencies, the Commission shall determine whether to recommend acceptance of the dedicated public areas and improvements for maintenance. Consistent with Article III, Section 12 of the Charter, disapproval of an ordinance accepting improvements for maintenance by the Planning and Zoning Commission requires a vote of five (5) members of Council for adoption or authorization.
(Ord. 2008-33. Passed 5-13-09.)
(c) Maintenance of Improvements After Acceptance. Following acceptance of the required improvements by the Village, the Village shall provide routine preventive maintenance, however, the subdivider shall continue to be responsible for repair, reconstruction or replacement of all improvements and shall immediately repair any damages or failures due to faulty construction upon notice to do so by the Village for the time period specified in the maintenance guarantee.
(d) Release of Maintenance Bond. At the end of the maintenance guarantee period, if all requested repairs, reconstruction and/or replacement of improvements have been completed to the satisfaction of the Village, Council shall release the subdivider and surety from any further obligation under the terms of the maintenance bond.
(Ord. 1999-47. Passed 10-13-99.)