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§ 155.057 REVIEW AND INSPECTION FEES.
   (A)   Before starting construction of any public improvements, the subdivider shall be assessed and shall deposit with the Zoning Administrator for the village an amount equal to 0.7% of the estimated construction cost (including, but not limited to, grading, drainage, roadway, sidewalk, sewer, waterline and other improvements which are to be dedicated to public use or which benefit the subdivision generally) as approved by the village consulting engineer. The Zoning Administrator shall cause such funds to be deposited in the General Fund of the village.
   (B)   The foregoing fee is intended to reimburse the village for charges of the village consulting engineer in connection with the review and inspection of the preliminary and final plats and the construction of the public improvements. In the event that the engineering expenses incurred by the village are in excess of the amount initially paid by the subdivider, the village shall bill the subdivider for the difference, and such amount shall be paid by the subdivider prior to acceptance by the village of the final plat. However, the subdivider shall not be entitled to any refund in the event the fees actually charged to the village by the village consulting engineer is less than 0.7% of the estimated construction costs.
(Prior Code, § 150.025) (Ord. 96-006, passed 2-5-1996)
§ 155.058 INSPECTION OF CONSTRUCTION.
   (A)   Presence of subdivider’s observer. The subdivider’s engineer shall have a full-time, qualified resident observer present on the construction site for the following:
      (1)   Approval of the subgrade prior to paving; and
      (2)   Continuous observation of all phases of the paving operation, construction of sanitary sewer mains and appurtenances and construction of storm sewer and appurtenances and construction of water mains.
   (B)   Presence of subdivider’s contractor superintendent. The subdivider’s contractor shall have a superintendent on the job site at all times while construction is in progress. The superintendent shall be responsible for the entire construction procedure. In his or her absence, the superintendent shall indicate to the subdivider’s observer, the person temporarily responsible for the conduct of the work.
   (C)   Inspection by village’s consulting engineer. All required improvements to be installed under the provisions of this chapter shall be checked during the course of construction by the village’s consulting engineer. The cost of any reinspection of any required improvement found to be faulty or not in accordance with the approved plans and specification shall be paid by the subdivider to the village. The testing of any concrete, asphalt, soil, other materials or workmanship shall be done at the direction of the village and at the expense of the subdivider.
(Prior Code, § 150.026) (Ord. 96-006, passed 2-5-1996)
§ 155.059 SECURITY FOR PUBLIC IMPROVEMENTS.
   (A)   If construction has not been completed and approved by the village consulting engineer before the final plat is submitted to the Village Board, security in the amount equal to 125% of the estimated construction costs (including, but not limited to, grading, drainage, roadway, sidewalk, sewer, waterline and other improvements which are to be dedicated to public use or which benefit the subdivision generally) of the public improvements shall be filed with the Zoning Administrator in order to ensure completion of the public improvements as required by this chapter within a reasonable length of time without cost to the village. The form and sufficiency of security shall be subject to the approval of the Village Attorney and the village’s consulting engineer. Security may be in the form of a bond issued by a commercial surety licensed to do business in the state, or it may be in the form of an irrevocable letter of credit issued by a state or national bank of at least one year in duration, which provides for automatic annual renewals thereof unless at least 60 days prior to the expiration of its term or any renewal thereof, written notice of non-renewal is sent by certified mail to the village.
   (B)   The bond or letter of credit shall by its terms secure payment of not only the construction of the public improvements, but also of any additional review and inspection fees charged by the village engineer and imposed by the village pursuant to § 155.057 of this chapter.
(Prior Code, § 150.027) (Ord. 96-006, passed 2-5-1996)
§ 155.060 PARTIAL REDUCTION OF SECURITY.
   (A)   If at the time a final plat is submitted for approval or at any time thereafter, the subdivider has already constructed a portion of the public improvements therein, the subdivider may request that the security for the subdivision be based on the estimated cost of the unconstructed portion, plus 10% of the estimated cost of the improvements constructed to date. This basis for establishing the amount of the security shall be used only if the village’s consulting engineer has inspected the completed portion of the public works and certified that the works have been constructed in accordance with the approved construction plans.
   (B)   No partial bond reduction shall be construed as final acceptance by the village of any portion of the public improvements; all public improvements constructed by the subdivider are subject to reinspection and reevaluation at any time prior to final acceptance thereof in accordance with § 155.062 of this chapter, and the subdivider has a continuing obligation until final acceptance to construct all public improvements to the standards of this chapter and the construction plans. In no event prior to final acceptance shall the security for public improvements be reduced to an amount less than 5% of the initial estimated construction costs of all public works to be constructed for the final plat.
(Prior Code, § 150.028) (Ord. 96-006, passed 2-5-1996; Ord. 2010-019, passed 6-7-2010)
§ 155.061 LENGTH SECURITY IN EFFECT; FORFEITURE.
   The security shall remain in effect until it is released by the Village Board upon final acceptance of the public improvements. All public improvements must be completed within two years from the date when the security was approved. If public improvements have not been completed within said two years, the subdivider shall forfeit the security in the amount necessary for the village to carry out the construction or repairs so that the public improvements meet the standards of this chapter, plus administrative costs involved.
(Prior Code, § 150.029) (Ord. 96-006, passed 2-5-1996)
§ 155.062 APPROVAL OF PUBLIC IMPROVEMENTS.
   After the village’s consulting engineer informs the village that the following conditions have been met, the public improvements shall be accepted by the village:
   (A)   The village’s consulting engineer has inspected the construction and all necessary repairs and corrections and certifies that the public improvements required by this chapter have been constructed;
   (B)   “As-built plans” have been prepared by the subdivider’s engineer and delivered to the village’s consulting engineer;
   (C)   The village’s consulting engineer has received a signed statement of a registered professional engineer stating that the public improvements have been observed during construction and installed to the specifications shown on the construction plans; and
   (D)   The improvements, such as drainage swales and the like, which are not to be dedicated to public use but which benefit the subdivision generally, have been built to specification shown in the construction plans.
(Prior Code, § 150.030) (Ord. 96-006, passed 2-5-1996)
PRELIMINARY PLAN
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