§ 153.084 IMPROVEMENT PLANS; REQUIREMENTS FOR FILING; REQUIREMENTS FOR INSPECTION; REQUIREMENTS FOR “AS-BUILT” RECORDS; REQUIREMENTS FOR ASSURANCE OF COMPLETION; ACCEPTABLE FORMS OF ASSURANCE; ELIGIBLE SURETIES; TERM OF ASSURANCE, EXTENSION; RELEASE OF BOND, ESCROW DEPOSIT; FAILURE TO COMPLETE IMPROVEMENTS.
(A) General.
(1) Following approval of any preliminary plat by the Board of Trustees, but prior to submission of the final plat, the subdivider shall submit four copies of the plans and specifications for all improvements to be installed within or in conjunction with the proposed subdivision to the Code Administrator for review by the Village Engineer.
(2) Such plans and specifications shall be signed and sealed by the registered professional engineer responsible for their preparation.
(3) Until the Village Engineer certifies in writing that the proposed improvements conform to generally accepted engineering practices and to the standards imposed in this chapter:
(a) The Code Administrator shall not issue any permit to allow construction of said improvements; and
(b) The Board of Trustees shall not act upon the application for final plat approval.
(Prior Code, § 19-426)
(B) Requirements for filing. Plans and specifications for improvements shall consist of black or blue line prints not larger than 32 inches by 42 inches. Said plans, together with related specifications, shall provide all of the following information:
(1) Any flood-prone areas, detailed on a topographical map, at the same scale as required in the preliminary plat, illustrating that all lots and improvements will be above the regulatory flood evaluation;
(2) Existing and proposed elevations along the centerlines of all streets;
(3) Radii of all curves and lengths of tangents on all streets;
(4) Locations and typical cross-section of street pavements including curbs/gutters and catch basins;
(5) Locations and typical cross-section of sidewalks;
(6) Locations, sizes and invert elevations of all existing and proposed sanitary sewers and storm sewers, showing connections to any existing or proposed sewer systems;
(7) Locations of all water, gas, electric and other utilities;
(8) Locations of street signs;
(9) Locations of all wooded areas (aerial photos are acceptable);
(10) All proposed measures to control erosion and sedimentation;
(11) High water elevations of all lakes and streams adjoining or within the tract; and
(12) Such other information as the Village Engineer may reasonably require to perform his or her duties under this section.
(Prior Code, § 19-427)
(C) Requirements for inspection. The subdivider/developer shall notify the Code Administrator and the Village Engineer of the beginning and completion of the construction of all improvements.
(1) The Village Engineer shall inspect said improvements while they are under construction and, if he or she determines that they are being built in violation of this chapter or the approved plans, he or she shall promptly notify the Code Administrator who, in turn, shall issue a stop work order.
(2) The Village Engineer shall also inspect improvements upon their completion. The village shall not accept any completed improvements until the Village Engineer has certified that they comply with the provisions of this chapter.
(Prior Code, § 19-428)
(D) Requirements for “as-built” records. Upon the completion of all improvements, the subdivider/ developer shall file with the Code Administrator, a set of reproducible cloth- or polyester-base film positives showing as-built details of all improvements and any deviations from approved plans. The sanitary sewer “as-built” drawings shall illustrate the location and approximate depth of all service laterals; the size, location and flowline elevations of all sewer mains; the top and flowline elevations of all manholes; and any other pertinent information.
(Prior Code, § 19-429)
(E) Requirements for assurance of completion. The Board of Trustees shall not approve any final plat of subdivision and, therefore, said final plat shall not be entitled to recording, until:
(1) All improvements required in the approved improvements plan have been completed by the subdivider/developer at his or her expense, inspected by the Village Engineer and dedicated to the village or other appropriate entity; or
(2) At the discretion of the Board of Trustees, and in accordance with the provisions below, the subdivider/developer has provided the village with legal assurance to guarantee the satisfactory completion and dedication of all required improvements.
(Prior Code, § 19-430)
(F) Acceptable forms of assurance. At the option of the Board of Trustees, the required legal assurance may be either a performance bond or an escrow deposit.
(1) Every performance bond shall be reviewed by the Village Attorney and posted with the Village Clerk.
(2) Any funds to be held in escrow shall be deposited with the Village Treasurer.
(3) The amount of the performance bond or escrow deposit shall be equal to the Village Engineer’s estimate of the costs of constructing the unfinished portion of the required improvements, plus all required inspection fees.
(4) Every escrow deposit shall be in the form of:
(a) Cash;
(b) An irrevocable letter of credit or commitment from a lending institution guaranteeing to the village the availability of the escrow funds from time to time upon demand; or
(c) Certificate of deposit, treasury bills or other readily negotiable instruments approved by the Village Treasurer and made payable to the village.
(Prior Code, § 19-431)
(G) Eligible sureties.
(1) No person shall be eligible to act as surety unless he or she has been approved by the Village Treasurer.
(2) The Treasurer shall conduct or cause to be conducted spot audits of all sureties.
(3) Any surety who fails to perform shall be ineligible for two years thereafter to act as surety for any subdivision improvement within the village’s jurisdiction.
(Prior Code, § 19-432)
(H) Term of assurance, extension.
(1) The initial term of any performance bond or escrow agreement shall not exceed two years.
(2) If all the required improvements have not been completed by the end of the two-year period, the Code Administrator, with the advice and consent of the Board of Trustees, may either extend said bond/escrow agreement for one year only, or may proceed as per division (J) below.
(Prior Code, § 19-433)
(I) Release of bond, escrow deposit.
(1) The Village Clerk/Treasurer may release up to 90% of the amount of the performance bond/escrow deposit upon receipt of written authorization from the Village Engineer. The amount which the Village Engineer authorizes to be released shall be equal to the value of improvements actually completed in accordance with approved plans.
(2) The balance of the amount of the performance bond/escrow deposit shall not be released until:
(a) The Village Engineer has certified to the Code Enforcement Officer, in writing, that all required improvements have been satisfactorily completed; and
(b) Said improvements have been dedicated to and accepted by the village or other appropriate entity.
(Prior Code, § 19-434)
(J) Failure to complete improvements. If all required improvements have not been completed by the end of the two-year period (or three-year period in the case of an extension), the Code Administrator, with the assistance of the Village Attorney, may:
(1) Require the surety to perform on the bond, and to pay to the village an amount equal to the cost of completing the required improvements, as estimated by the Village Engineer, or the amount of the bond not theretofore released, whichever is less;
(2) Order the Village Treasurer to retain all escrowed funds needed to complete the required improvements and to return the balance, if any, of such funds to the subdivider/developer; or
(3) Require the subdivider/developer to submit a new performance bond/escrow deposit in an amount sufficient to cover any increase in the cost of constructing the required improvements.
(Prior Code, § 19-435)
(Ord. 1700, passed 3-17-2014)