§ 153.091  TIME PERIOD FOR CONSTRUCTION.
   (A)   The subdivider shall complete construction of all subdivision improvements in accordance with the approved drawings and specifications within two years of the date the village approves the final plat of the subdivision. At the subdivider’s request, the Board of Trustees may extend the time period in which to complete the construction for an additional one year if the Board of Trustees finds that such an extension is consistent with the public welfare.
   (B)   The subdivider shall maintain all subdivision improvements free from defects for a period of one year after the date the Board of Trustees issues a written notice of acceptance of all the subdivision improvements.
   (C)   A defect which may be repaired is any:
      (1)   Failure of a subdivision improvement to operate in conformance with this chapter during the maintenance period;
      (2)   The appearance of any defect in a subdivision improvement which is discovered during an inspection of the improvement made by village personnel within a reasonable period of time after the subdivider’s request for the release of the maintenance portion of the bond or at any time prior to that inspection;
      (3)   The failure to design and construct a subdivision improvement required by these regulations and not previously waived, the need for which is unknown a the time of the approval of the drawings and which is discovered prior to the end of the maintenance period; and
      (4)   FREE OF DEFECTS means that all subdivision improvements are functioning in accordance with the purpose for which they were designed and that the improvements have not deteriorated other than to the extent of normal wear.
(Ord. 97-7, passed 7-1-1997, § 5.7)