(A) Filing deadline. Within one (1) year after the date of the approval of the preliminary plat by the President and Board of Trustees, the subdivider shall submit to the Zoning, Planning and Appeals Commission the final plat of a Major Subdivision for approval and recording as described hereinbelow.
(1) Time Extensions. Upon the request of the subdivider made within the first two hundred seventy (270) days following the date of the approval of the preliminary plat as aforesaid, and for good cause shown, the Zoning, Planning and Appeals Commission may extend the time for submitting the final plat for approval for an additional ninety (90) days, provided that only one such extension may be granted with respect to any given subdivision proposal.
(2) Revocation of Preliminary Plat Approval. The subdivider's failure to submit a final plat to the Zoning, Planning and Appeals Commission for approval within the time or extension thereof set forth above shall operate as an automatic revocation of the approval of the preliminary plat, and the subsequent subdivision of the same property shall proceed only upon application to the Village as set forth herein for original applications.
(B) Filing Requirements for Final Plat of Major Subdivision. These requirements are cumulative to and augment the filing requirements for a preliminary plat of a Major Subdivision. At the time of filing of final plat of Major Subdivision, the subdivider shall submit an engineering, drainage and grading plan containing detailed plans and specifications along with a natural resource opinion, theretofore approved by the Village Engineer, for the installation, construction and design of all Bonded Improvements, including but not limited to street pavements, curbs, gutters, sidewalks, and pathways, fire hydrants, water mains, storm sewers and storm water storage facilities, street lights and other Bonded Improvements detailing the existing centerline elevations of all streets and alleys in the proposed subdivision and the centerline elevations of proposed pavements [Elevations shall refer to U.S.G.S. datum]. Profiles shall be drawn to a horizontal scale of not more than one inch equals 50 feet and vertical scale of not less than one inch equals five feet, which plans and profiles shall be prepared by an engineer licensed by the State of Illinois in accord with all applicable codes and ordinances of the Village as well as with the more detailed regulations contained below:
(1) All proper certificates and seals as required by law shall be shown on the subdivision plat including the signature and seal of the Illinois registered land surveyor who prepared the plat.
(2) No engineering, drainage, and grading plan shall be deemed approved unless the certificate of the Village Engineer is reflected thereon, certifying that the Bonded Improvements described thereon in the owner/subdivider statement and the plan meet the minimum requirements of this Chapter and all other applicable ordinances of the Village, which certificate shall include the Village Engineer's estimate of the cost of such improvements, as well as the costs of engineering and inspection.
(C) Zoning, Planning and Appeals Commission Recommendation. Provided the final plat meets the conditions (if any) set forth upon which the preliminary plat had been approved and is otherwise in accord with the preliminary plat and with all applicable regulations of this Subdivision Code, the Chairman will make and send the President and Board of Trustees a written report containing the Zoning, Planning and Appeals Commission recommendation.
(D) Subdivider's Agreement. At the time of the approval of any final plat of a Major Subdivision, the plat shall not be signed by the Village President or attested by the Village Clerk until the President and Board of Trustees shall be in receipt of the subdivider's written agreement in form approved by the Corporation Counsel wherein the subdivider agrees to install and construct all Bonded Improvements in accord with all applicable Codes and ordinances of the Village; to establish responsibility for operation and maintenance of the detention area in an owners' association or other private entity pursuant to a declaration of covenants approved as part of the subdivider's agreement; to pay all required fees in accordance with the requirements of the ordinances of the Village, and to make all required donations and financial guarantees including reimbursement of the fees and charges of the Corporation Counsel. While a subdivider's agreement may be amended (by mutual agreement of the subdivider and the President and Board of Trustees) to extend the time for commencing and completing Bonded Improvements, the subdivider's agreement shall contain the approximate date when installation of Bonded Improvements will commence and a reasonable date for completion of said Bonded Improvements, subject to the condition that the improvements shall be completed within two (2) years of the date of the President and Board of Trustees' approval of the final Major Subdivision plat. This agreement shall include but not be limited to statements acknowledging:
(1) That the subdivider may freely assign, transfer or convey property within a platted sub-division, but such assignment, transfer or conveyance shall not affect the principal obligation of the subdivider to perform the obligations set forth in the subdivider's agreement, which shall bind the assignees and successors in interest of the subdivider;
(2) That Bonded Improvements associated with building permits for model homes must be constructed and installed in accordance with applicable ordinances of the Village;
(3) That the subdivider will pay all attorney's fees and other costs incurred by the Village in enforcing collection of such surety in the event that the subdivider fails to honor the Village's demand for payment under the terms of such surety;
(4) That no building permit associated with a lot in a Major Subdivision shall be issued until the following Bonded Improvements are constructed and approved for use: Street pavement systems, bituminous base, asphalt binder course, and street inlets; storm sewers and detention systems; and water systems;
(5) That no partial certificate of occupancy associated with a lot in a Major Subdivision shall be issued until grading of the street parkways across the frontage of the subject lot and final grading and installation of top soil, seeding/sod, and landscaping of the common areas in the entire Major Subdivision have been completed and installed.
(6) That the Bonded Improvements pro- posed to be made in the subdivision shall be con-structed and installed, and public improvements accepted by the President and Board of Trustees, prior to the occupancy of any building constructed upon the subdivided lots therein; and
(7) That no utilities located within the subdivision shall be connected to the sewer and water utilities belonging to the Village except in accordance with the applicable provisions of the Municipal Code and upon payment of the connection fees required therein.
(8) Financial Guarantee. Within fifteen (15) days of the President and Board of Trustees' approval of any final Plat of Subdivision, the owner/subdivider must deposit a suitable financial surety with the Village to guarantee completion of all Bonded Improvements as determined by the Village Engineer in accordance with the subdivider's agreement and the ordinances of the Village, together with all other commitments made by the subdivider, by submitting a surety in the form of either a letter of credit (in a form to be approved by the Corporation Counsel), or subdivision bond, or cash. Any such letter of credit must be irrevocable and made by a sound and reputable bank whereby a sum of money is set aside and restricted as payment for the performance of specific obligations by the subdivider.
(a) The surety submitted in accordance with this Subsection to guarantee the completion of Bonded Improvements shall be in an amount equal to one hundred fifteen percent (115%) of the Village Engineer's estimated cost of installing and constructing said Bonded Improvements and shall provide as follows:
i. An expiration date not less than two years from the date of issuance or an express provision that such surety will not expire prior to completion and acceptance of said Bonded Improvements by the President and Board of Trustees;
ii. That the financial or insurance company issuing the surety shall give written notice by certified or registered mail to the Village Clerk not less than sixty (60) days before the expiration of the surety, which surety shall not expire absent such notice;
iii. That failure of the subdivider to complete the Bonded Improvements secured by such surety prior to the scheduled completion date shall be considered a default by the subdivider and the issuing institution;
iv. That failure of the subdivider to submit a successor surety in accordance with
this Subsection to be effective upon expiration of the subject surety shall be considered a default by the subdivider and the issuing institution;
v. That the surety shall be irrevocable;
vi. That (in the case of a payout instrument) the principal amount of the instrument will not be discharged or reduced by the issuer except upon written certificate of the Village President that such surety may be discharged or reduced in a specified amount in accordance with Paragraph (c) below; and
vii. That the issuer will pay all attorney's fees and other costs incurred by the Village in enforcing collection of such surety in the event that the issuer fails to honor the Village's demand for payment under the terms of such surety.
(b) Notwithstanding the foregoing, a standby surety submitted in accordance with this Subsection to guarantee the completion of Bonded Improvements may be reduced or partially discharged prior to completion and acceptance of such Bonded Improvements in the sole discretion of the President and Board of Trustees as follows:
i. Provided he approves of the installation of any given improvement, following his inspection and review of the installation of the Bonded Improvements and usual and customary waivers of lien attendant thereto, the Village Engineer shall recommend reduction of the surety to the President and Board of Trustees; and
ii. Upon its receipt of the recommendation of the Village Engineer, the said President and Board of Trustees may authorize the reduction of said surety — it being understood in any event that fifteen percent (15%) of one hundred percent (100%) of the cost of such Bonded Improvements shall be retained in the surety, as and for the maintenance guarantee to be held by the Village for the two year period following approval and acceptance of the improvements by the President and Board of Trustees.
(c) In the event the surety submitted in accordance with this Subsection to guarantee the completion of the bonded improvement is a “pay-out” instrument, it is understood that such surety shall be reduced periodically to reflect payment by the subdivider for the Bonded Improvements as follows:
i. Provided he approves of the installation of any given bonded improvement, the Village Engineer, following his inspection and review of the installation of the Bonded Improvements and usual and customary waivers of lien attendant thereto, shall recommend reduction of the surety to the Village President; and
ii. Upon his receipt of the recommendation of the Village Engineer, the said Village President may authorize the reduction of said surety — it being understood in any event that fifteen percent (15%) of one hundred percent (100%) of the cost of such Bonded Improvements shall be retained in the surety, as and for the maintenance guarantee to be held by the Village for two years following the acceptance of the Bonded Improvements by the President and Board of Trustees.
(d) In the event a surety submitted in accordance with this Subsection shall be discharged upon acceptance by the President and Board of Trustees of all Bonded Improvements for which said surety or bond was submitted, a maintenance guarantee (in form of cash, bond, or letter or credit) guaranteeing said improvements against defects in materials or workmanship in the amount of fifteen percent (15%) of the actual costs of said improvements shall be deposited with the Village by the owner/subdivider to be effective for a period of two years from the date of such acceptance of said Bonded Improvements.
(E) President and Board of Trustees Consideration. Upon receipt of a recommendation from the Zoning, Planning and Appeals Commission, such final plat of Major Subdivision shall be acted upon by the President and Board of Trustees. If said plat is approved by the President and Board of Trustees, it is understood that such approval is conditioned upon the owner/subdivider depositing the financial guarantee and executing the subdivider's agreement in the form approved by the Corporation Counsel, unless noted to the contrary by the President and Board of Trustees.
(Ord. 02-2348, passed 7-9-02)