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(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)
(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)
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)
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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