§ 158.005  ADMINISTRATION AND ENFORCEMENT.
   (A)   Fees and costs.
      (1)   All applications for subdivision and/or development plans shall be accompanied by a fee in accordance with the fees adopted by Village Code, Chapter 43.
      (2)   No plan shall be forwarded to the Planning & Zoning Commission for review without this fee having first been paid. Payment of the fee is in no way contingent of whether the plan of subdivision and/or development submitted is approved or disapproved. In addition, the applicant shall submit, as part of his/her application, evidence of title or other information demonstrating that he/she has a valid contract or option to purchase the land for which the application is made, or is the owner of record for that land.
   (B)   Village services. The cost incurred by the village for the review of plans and specifications by the Village Engineer shall be paid by the subdivider/developer according to the fee schedule in Chapter 43 of the Village Code of Ordinances. Additional services required for complex projects including but not limited to outside legal consultants, special inspectors, or specialists in the stormwater, building, construction, ecology, planning, or related fields shall be paid for by the developer.
   (C)   Completion of public improvements.
      (1)   All public improvements required under the provisions of this chapter to be provided at the developer's/subdivider's expense shall be fully completed by the owner or developer/subdivider, or both. No certificate of occupancy shall be issued for any structure erected or to be erected on any lot in the subdivision and/or development until such time as the subdivider shall have completed such public improvements as are determined by the Village Engineer to be necessary to provide reasonable access, adequate drainage, and proper water and sanitary sewage facilities to serve the lot on which the structure is to be built. The Village Administrator, the Village Engineer, or their duly authorized representatives may compel the completion or repair of any public improvements or other work or the performance of any other obligation for which a development security is required, including by drawing upon, making a claim against or expending sums from such development security, or by denying, suspending or withholding the review or approval of any submittal made to the village by the developer or subdivider upon the occurrence of any one or more of the following conditions:
         (a)   Completion of and issuance of certificates of occupancy for 75% or more of the units in a residential subdivision.
         (b)   The passage of three years or more from the date of the installation of the binder course of pavement.
         (c)   The passage of any 60 day or greater period during which the developer or subdivider fails to actively, continuously and diligently during all regular and customary working days during such two month or greater period devote labor, time, efforts and resources in a good faith manner toward the completion of the development or subdivision in question.
         (d)   Deterioration or failure of any public improvement or other work for which a development security is required or has been posted with the village, where the developer or subdivider fails after 60 days written notice of such deterioration or failure from the village to perform all work necessary to remedy such deterioration or failure, or in cases where the deterioration or failure by its nature or scope cannot reasonably be corrected within 60 days after written notice of such deterioration or failure from the village, where the developer or subdivider fails to actively, continuously and diligently during such 60 day period and thereafter to reasonably devote labor, time, efforts and resources in a good faith manner toward remedying such deterioration or failure.
      (2)   All contracts for the construction of any public improvements shall be subject, upon request, to review and approval by the Village Engineer prior to the commencement of construction, and all such contracts shall contain contractor's warranties of material and workmanship in form and substance approved by the Village Engineer. The obligation of the owner or developer/subdivider to provide public improvements shall include, without limitation, the furnishing of all necessary surveys, engineering drawings, working drawings, determinations of grade and location, communications with contractors, review and approval of periodic payment estimates, and all other services customarily performed by a registered professional engineer providing general supervision of such work, and the village shall have no liability or responsibility for any such services. At all times during the progress of construction of public improvements, the owner or developer/subdivider shall permit the Village Administrator, the Village Engineer, and their duly authorized representatives, to inspect any portion thereof. If the Village Engineer determines that the improvements or any portion thereof are not being constructed in accordance with the final plans and specifications previously approved by the Village Engineer, the Village Engineer shall have the right, with notice to the owner, to stop the work of any contractor. The work shall not be resumed until the contractor shall receive authorization from the Village Engineer for the resumption of the work.
      (3)   Grading and implementation of measures to control erosion and ponding of water shall be accomplished at the subdivider's expense in accordance with the village's standards and specifications, prior to filing with the Village Engineer the certificate of completion required by this chapter or the expiration of two years from the approval of the final plat, whichever is earlier. The Village Engineer shall prepare or cause to be prepared such minimum specifications for grading, location of earth stockpiles, drainage and erosion control which specifications shall be kept on file with the Village Clerk for public review and inspection.
      (4)   During the construction phases of the subdivision and/or development, and prior to acceptance by the village of the public improvements, the subdivider/developer shall maintain in good condition and restore all existing public improvements to prevent the material deterioration thereof, and to assure that no imminent hazard to life or property within the subdivision and/or development or the areas adjacent thereto shall exist. In the event that the developer/subdivider fails to properly maintain or restore existing public improvements, as required herein, the village may, upon ten days prior written notice to the developer/subdivider, perform or have performed on its behalf any maintenance or restoration work reasonably necessary to assure that material deterioration of existing public improvements will not occur. In the event that it is determined by the Village Administrator or his authorized representative that failure of the developer/subdivider to properly maintain or restore existing public improvements will result in imminent hazard to life or property within the subdivision and/or development or the areas adjacent thereto, the village may, without prior notice to the subdivider, perform or have performed on its behalf any maintenance or restoration work reasonably necessary to prevent such hazards. Within ten days thereafter, the developer/ subdivider shall be notified in writing by the village of the performance of such work by the village, and the cost thereof. In the event that maintenance or restoration work is performed by or on behalf of the village, the village may withdraw the security required by this chapter in an amount equivalent to the cost of that work.
      (5)   Upon completion of the public improvements required under the provisions of this chapter, the owner or developer/subdivider shall file with the Village Engineer a certificate, certified by a registered professional engineer licensed to practice engineering in this state, to the effect that all such public improvements have been completed substantially in accordance with the final plans and specifications approved by the Village Engineer. In addition, the owner or developer/subdivider shall furnish to the Village Engineer four complete sets of as-built engineering plans, one of which shall be upon a mylar reproducible base material or equal. Upon receipt of the plans, the Village Engineer shall forward one complete set to the Village Department of Public Works, one complete set to the Village Planner, and one complete set and the mylar's to the Village Clerk, and shall retain one complete set for his own files.
      (6)   If the public improvements as required have been completed within two years from the approval of the final plat of subdivision or approval of the development, as the case may be, and the owner/developer/ subdivider has filed the certificate and as-built engineering plans required herein, the Village Engineer shall inspect the public improvements. If he determines that the public improvements are in conformance with the as-built engineering plans, other approved plans, and all codes and ordinances of the village, the Village Engineer shall forward to the Village Administrator his recommendation that the public improvements be approved and accepted by the Village Board as satisfactory, together with a statement of any extraordinary costs incurred by the village in connection with the construction of the public improvements other than the review of the plans, specifications, and normal customary inspections of the work. Within 30 days following receipt of such recommendation, the Village Board may consider the approval and acceptance of the public improvements, and may authorize the Village Administrator to release or refund to the depositor thereof, security for said public improvements as may be accepted. The Village Board may authorize deductions therefrom of any extraordinary costs incurred by the village; and further provided that the Village Board shall condition its acceptance of the public improvements upon the owner's or subdivider's providing the maintenance bond/security required herein.
      (7)   If the owner or developer/ subdivider fails to complete all required public improvements, or fails to complete these improvements in conformance with approved plans and specifications based on the criteria listed in division (C)(1) above, the Village Engineer may withdraw all funds provided as security pursuant to § 158.015 and may utilize those funds to cause the performance of any work necessary to complete the public improvements or to bring them into conformance with approved plans and specifications, codes, or ordinances of the village. The owner or developer/subdivider shall be obligated to reimburse the village for any costs incurred in excess of those funds in order to complete the required public improvements.
   (D)   Acceptance of streets and improvements. Final approval of a plat by the Village Board shall not constitute an acceptance of any dedicated streets and improvements for maintenance purposes, irrespective of any act or acts by an officer, agent, or employee of the village with respect to those streets or improvements. Final acceptance of all streets and improvements for maintenance shall be made only by the adoption of a resolution by the Village Board of Trustees after there has been filed with the Village Clerk a certificate or letter by the Village Engineer certifying that all improvements required to be constructed or installed in connection with the approval of the final plat of subdivision or development plan have been fully completed and the construction or installation thereof has been approved by the Village Engineer.
      (1)   Final approval of a plat by the Village Board shall not constitute formal acceptance by the village of any streets or other public improvements dedicated therein, irrespective of any act or acts by an officer, agent, or employee of the village with respect to those streets or improvements, and without regard to any contrary language contained within the final plat so approved. Formal acceptance of all streets or other improvements dedicated in any plat approved by the Village Board, and the commencement of the one year maintenance or guarantee period specified in division (E) below, shall be made only by the adoption of a resolution by the Village Board of Trustees after there has been filed with the Village Clerk a certificate or letter by the Village Engineer certifying that all improvements required to be constructed or installed in connection with the approved final plat of subdivision or development plan have been fully completed and the construction or installation thereof has been approved by the Village Engineer.
      (2)   The owner or developer shall only request acceptance of streets and public improvements during typical construction months to ensure inspections of public improvements can be performed during such typical construction months and within the guarantee or maintenance period specified in division (E) below, without interference from inclement weather. As used herein, "typical construction months" shall be from May 1st through December 1st. The acceptance of public improvements as contemplated by division (D)(1) above, shall be prohibited prior to May 1st and after December 1st of each calendar year. Moreover, and notwithstanding anything herein to the contrary, any letter of credit posted pursuant to the provisions of division (E) to secure the performance of the obligations specified by that division shall, by its express terms (which terms shall specifically include reference to this division (D)(2)) have a term not less than one year from the date on which such letter was issued, which term shall (without the need for other or further action by the village) automatically be extended to the next successive December 1 in the event that the expiration of the above-stated one year term occurs at any time which is not during typical construction months as defined herein.
   (E)   Guarantees of public improvements, development security.
      (1)   The owner or developer/subdivider shall guarantee the public improvements for a period of one year from the date the Village Board accepts those improvements. During this one year period, the owner or developer/ subdivider shall be obligated, upon written notice from the village as provided herein, to repair or reconstruct any public improvement or portion thereof which may deteriorate, fail due to poor workmanship, or otherwise cease to meet the standards established by the engineer's certificate or as-built plans, provided that ordinary maintenance shall not be obligation of the owner or developer/subdivider.
      (2)   The village shall provide written notice to the owner or developer/subdivider of deterioration of public improvements, specifying a time period in which the deterioration is to be remedied; and the owner or developer/ subdivider shall perform the necessary repair or reconstruction at his own expense within the time specified.
      (3)   In the event that it is determined by the Village Administrator or his/her authorized representative that failure of the owner or developer/subdivider to restore existing public improvements will result in imminent hazard to life or property within the development or subdivision or in areas adjacent thereto, the village may, without prior notice to the owner or subdivider, perform, or have performed on its behalf, any restoration work reasonably necessary to prevent that hazard. Within ten days thereafter, the owner or developer/subdivider shall be notified in writing by the village of the performance of that work, and of the cost thereof.
      (4)   To secure the obligations imposed by this section, the owner or developer/subdivider shall provide to the village development security, issued by a surety authorized to do business in the state, in an amount equal to 125% of the Village Engineer's written estimate of the total cost of the public improvements, as provided in § 158.015; to expire no earlier than one year after the Village Board's acceptance of the public improvements.
      (5)   In the event that during the one year guarantee period, the owner or developer/ subdivider shall fail to repair, reconstruct, or otherwise remedy conditions of deterioration of public improvements in the development or subdivision within the time specified in the village's written notice of those conditions, or shall fail to reimburse the village of the cost of emergency restoration performed by or on behalf of the village pursuant to division (C) of this section within 30 days of receiving notice of such cost, the village may file a claim against the security required by division (D) of this section of performance of the obligation by the surety.
   (F)   Restriction on issuance of building permits.
      (1)   No building permits shall be issued to erect a structure on any property within the village limits until that property has been subdivided in compliance with this chapter. No building permits shall be issued to erect a structure on any subdivided property within the village, which property is being resubdivided, until the plat of re-subdivision has been duly approved and recorded.
      (2)   No building permit shall be issued to any developer or development that is in default of its obligations for public improvements or where the village is currently pursuing claims against the development security.
      (3)   In the event that any person or entity shall become delinquent by a period of time in excess of 30 days (with the existence of any state of delinquency to be determined by reference to the requirements of this Code, any relevant agreement entered into by and between the village and the person or entity in question, or the standard practices, policies or requirements of any department of the village, as the case may be) in the payment of any fees or monies owed to the village for any reason whatsoever, or in the performance of any obligation owed to the village pursuant to any agreement between the person or entity in question or pursuant to the applicable ordinances of the village, the village and the proper personnel of its various departments shall, with respect to such delinquent person or entity hereby be authorized to withhold or suspend the issuance of any permit or approval, the performance of any service, the processing of any application, the conduct of any review or process or the performance of any other action whatsoever and without limitation that such delinquent person or entity may from time to time or at any time request from the village, whether or not the delinquency in question arises from or relates to the permit, approval, review, process, service or action at issue.
   (G)   Appearance criteria. No approval shall be given of the development of any building, structure, or improvement on any parcel subject to the provisions of this chapter until it has been determined that the proposed development will conform to the following criteria.
      (1)   Relationship of building to site.
         (a)   The site shall be planned to accomplish desirable transition from the streetscape, and to provide for adequate planting, pedestrian movement, and parking areas.
         (b)   Site planning in which setback and yard areas, which are in excess of zoning restrictions, are encouraged to provide a compatible relationship between buildings.
         (c)   Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms, or other innovative means so as to largely screen parking areas from view from public ways.
         (d)   The height and scale of each building shall be compatible with its site and with adjoining buildings.
         (e)   Newly installed utility services, and service revisions necessitated by exterior alterations, shall be underground.
         (f)   The architectural character of the building shall be in keeping with the topographical dictates of the site.
         (g)   In relating buildings to site, the provisions of the village zoning code in regard to bulk regulations, standards, and off-street parking shall be part of these criteria.
      (2)   Building design.
         (a)   Architectural style is not restricted; evaluation of appearance of a project shall be based on quality of its design and relationship to surroundings.
         (b)   Buildings shall be well proportioned and be in harmonious conformance with permanent neighboring development.
         (c)   Materials.
            1.    Materials shall be appropriate for exterior use and shall be selected for harmony of the building with adjoining buildings.
            2.    Materials shall be selected for suitability to the type of buildings and the design in which they are used. Buildings shall have the same materials, or those which are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways.
            3.    Inappropriate materials and methods, and those which will produce inconsistency with the structure of the building, shall be avoided.
            4.    Materials shall be of durable quality.
            5.   In any design in which the structural frame is exposed to view, the structural materials shall meet the other criteria for materials.
         (d)   Building components, such as windows, doors, eaves, and parapets, shall have good proportions and relationship to one another.
         (e)   Colors shall be harmonious, with bright or brilliant colors used only for accents.
         (f)   Mechanical equipment or other utility hardware on roof, ground, or buildings shall be screened from public view with materials harmonious with the building, or shall be located so as not to be visible from any public ways.
         (g)   Exterior lighting shall be part of the architectural concept. Fixtures, standards, mailboxes, and all exposed accessories shall be harmonious with building design.
         (h)   Refuse and waste removal areas, service yards, storage yards, and exterior work areas shall be screened from view from public ways, using materials compatible with the overall building design.
         (i)   Monotony of design in single or multiple building projects shall be avoided. Variation of detail form, and setting shall be used to provide visual interest. In multiple building projects, variable setting or individual buildings may be used to prevent a monotonous appearance.
         (j)    Inappropriate, incompatible, bizarre, and exotic designs shall be avoided.
         (k)   The provisions of the zoning code in regard to bulk regulations and standards, and those portions of all codes which directly affect appearance, shall be part of the criteria of this section.
   (H)   Enforcement. No plat of any subdivision nor any development plan shall be entitled to be recorded in the Recorder's office or have any validity until it has been approved in a manner prescribed by this chapter.
   (I)   Recording of documents. All plats of subdivision and development plans after the same has been submitted and approved as provided in this chapter and recorded in the office of the County Recorder of Deeds, Will County shall be filed and kept by the Village Clerk among the permanent records of the village.
   (J)   Variances.
      (1)   The Planning & Zoning Commission may recommend variances from the literal application of the design standards specified in this chapter under any of the following circumstances:
         (a)   Where conformance with these standards is made impossible by topography or surrounding development.
         (b)   Where an existing plat is to be replatted in a manner which more nearly complies with the requirements than the existing plat.
         (c)   Where the proposed subdivision does not follow the conventional system of development of lots, blocks, or streets.
      (2)   In recommending any variance, the Commission shall specify conditions necessary to assure that the proposed development or subdivision:
         (a)   Will not be detrimental to the neighborhood and to the community as a whole;
         (b)   Complies with the Comprehensive Plan of the village;
         (c)   Complies with the intent of this chapter; and
         (d)   Does not violate any other ordinance or regulation of the village.
      (3)   Such recommendations shall be forwarded to the Village Board, in writing, substantiating the recommended variances. The Village Board may approve variations from these requirements when, in its opinion, the variations will not adversely affect the comprehensive plan or the spirit of this chapter. All variations on which the Commission may act, shall be submitted to the Planning and Zoning Commission and acted upon in the following manner, provided by law: The Commission shall publish notice of public hearing on the application for variation, stating the time and place and the purpose of the hearing; notice shall be published at least 15 days, but not more than 30 days in a paper of general circulation within the village; and, notice of public hearing may be mailed to the petitioner and the adjacent property owners of record or as may be deemed necessary by the Commission to be affected by said request.
   (K)   In addition to such other applications and submittals as may be required by the provisions of this division, all applicants for any subdivision, development plan or other approval within the scope of this section with respect to property located in any nonresidential zoning district shall provide to the Village Department of Community Development proof of compliance with the provisions of § 52.13(I) pertaining to the completion of and filing with the Village Department of Public Works of sanitary sewage discharge questionnaires.
   (L)   Preapproval grading process.
      (1)   Except as provided in this division (L), no development, as defined in § 158.004, shall occur until such time as final engineering plans for such development have been approved by the corporate authorities of the village.
      (2)   Developers seeking to engage in grading activities prior to the approval of final engineering plans by the corporate authorities of the village shall only do pursuant to the terms of a development agreement approved by the corporate authorities of the village. A developer seeking to enter into such an agreement shall initiate the process by submitting a development application to the village indicating that it seeks a preapproval grading development agreement under this division (L), and shall include therewith a copy of engineering plans depicting the contemplated grading activities prepared in compliance with village ordinances. Preapproval grading development agreements shall only be approved for the development of properties within the P-B Planned Business Zoning District of the village. As used in this division (L), "GRADING ACTIVITIES" or "GRADING" shall mean and include those activities identified in items (1)(d) and (1)(e) of the definition of development, as defined in § 158.004 . At a minimum, the terms of such a development agreement shall include at least the following terms and conditions:
         (a)   All grading work performed pursuant to the development agreement and this division (L) shall be undertaken at the sole and absolute risk of the developer. Neither the existence of this division (L) nor the approval of a development agreement pursuant thereto shall grant or be construed as approval or acceptance of any work planned or performed by a developer in connection therewith.
         (b)   In the event that the underlying property contains wetlands, the developer shall not develop, disturb, encroach upon or touch any such wetlands until such time as the corporate authorities of the village have approved variances or other relief to permit the same under the provisions of the Village Code of Ordinances. Any violation of the terms of the preceding sentence shall entitle the village to immediately issue an order to the developer to cease all grading activities on the relevant property, and shall subject the developer to enforcement actions, including but not limited to the imposition of fines, or the commencement of enforcement proceedings in court.
         (c)   In the event that the developer's grading activities contemplate offsite grading, or grading outside the corporate limits of the village, the developer shall not proceed with any such grading activities until such time as it has presented the village with written agreements, permits or other approvals satisfactory to the village evidencing the consent of all offsite landowners and all authorities having jurisdiction outside of the corporate limits of the village to the conduct of such grading activities.
         (d)   In the event that the village is made a party defendant in any litigation, arbitration or other proceeding relating to or in any way arising out of the provisions of this division (L), the provisions of any development agreement between the developer and the village, or any actions planned or undertaken by developer based upon or relating to this division (L) or any such development agreement, developer shall defend, indemnify and hold harmless the village, its president, trustees, officers and employees, and the consultants and agents of the village (collectively, the "village indemnitees"), individually and collectively, from any suits and from any claims, demands, setoffs or other actions including, but not limited to judgments and any costs of compliance resulting or arising therefrom. The obligation of the developer hereunder shall include and extend to payment of reasonable attorneys' fees for the representation of the village and all village indemnitees in such litigation and shall include all related expenses, expert witness fees, court costs and fees; it being understood that the village shall have the right to employ all such attorneys to represent the village and the village indemnitees in such litigation. The preceding provisions, when embodied in any development agreement between the village and the developer pursuant to this division (L), shall survive any termination of such development agreement, and any amendment or repeal of this division (L).
         (e)   The developer shall waive, in form and substance satisfactory to the village, any and all claims that it has or may ever have arising out of or founded in whole or in part upon any expenditures, reliance, or changes in its position occasioned by or resulting from its conduct of grading activities pursuant to this division (L) and any development agreement with the village entered into pursuant to this division (L), including but expressly not limited to any such claims which may arise in the event that the subsequent village approval of final engineering plans for the development or its enforcement of the provisions of the Village Code of Ordinances require modification, removal, repair or other alteration of work already performed by the developer.
         (f)   The developer shall post financial security with the village in the amount of 125% of its estimated cost of all grading activities proposed to be undertaken by the developer. The amount of and form of the financial security shall be reviewed and approved by the corporate authorities of the village, by resolution, or as a term of a development agreement between the developer and the village.
         (g)   The developer, at all times during which it conducts grading under this division (L) and any development agreement between the village and the developer pertaining thereto, and until such time as the corporate authorities of the village shall approve final engineering plans for the relevant property, shall obtain and maintain in full force and effect, a policy of commercial general liability insurance insuring the developer and the village with respect to occurrences arising out of or related to the developer's conduct of such grading activities, with such coverage having combined single limits of double the amount of the estimated cost of the grading work, or $1,000,000, whichever is greater, for personal injury, death and property damage per occurrence, and in the aggregate, which coverage shall specifically refer to this division (L) and to the development agreement between the village and the developer. All such insurance coverage shall also provide that it is primary and noncontributory to any insurance coverage of the village, and shall waive all rights of recovery against the village. Copies of all policies and certificates of insurance shall be provided to the village prior to the commencement of any such grading activities, together with a written endorsement to such coverage expressly naming the village as an additional named insured thereunder. All such coverage shall provide that it cannot be canceled except upon 30 days' prior written notice to the village.
         (h)   Developer shall perform all grading work pursuant to this division (L) and any development agreement with the village in compliance with all applicable ordinances of the village, and all applicable regulations or requirements of other governmental agencies having jurisdiction over the work.
         (i)   Developer shall, not later than contemporaneously with the approval of a development agreement with the village pursuant to this division (L), pay to the village a preapproval grading administrative fee calculated in accordance with the provisions of division (L)(3) of this section.
      (3)   Preapproval grading administrative fee.  The fee for the negotiation, review, and approval of a development agreement pertaining to preapproval grading as contemplated by this division (L) shall be $5,000 per acre. Fractional acreages shall be prorated accordingly. The fee imposed by this division (L) shall be in addition to any and all fees otherwise applicable under the Village Code of Ordinances.
(Ord. 2313-95, passed 2-1-95; Am. Ord. 92-01, passed 9-5-01; Am. Ord. 0009-02, passed 1-16-02; Am. Ord. 06-0383, passed 3-15-06; Am. Ord. 12-1014, passed 11-7-12; Am. Ord. 16-1316, passed 9-7-16)