(a) Acceptance of improvements. The dedication of any improvements, utilities, streets, parks, easements, rights-of-way, or other lands or rights to the village or the public shall not be considered accepted by the village for public ownership until such time as the required public improvements within the intended dedication or necessary because of the intended dedication have been completed and accepted by the Village Board by adoption of a resolution accepting such dedication. The subdivider shall be responsible for and liable for the maintenance, safety, and operation of all required public improvements until such time as the improvements are accepted by the Village Board by resolution. In the event the village must take measures to maintain, operate, or make safe a public improvement existing or required as a result of the land division but which has not yet been accepted by the village, the costs of such measures shall hereby be determined to be village-incurred costs to be reimbursed to the village by the subdivider in accordance with the provisions of this chapter.
(b) Inspection and certification of improvements.
(1) After any of the following increments of the required improvements have been installed and completed, the subdivider shall notify the Village Engineer, in writing, that the work is complete and ready for final inspection, shall file reproducible record drawings of the completed improvements and shall file lien waivers or affidavits, in a form acceptable to the Village Engineer and approved by the Village Attorney, evidencing that there are no claims, actions, or demands for damages, based upon contract or tort arising out of or in any way related to the project, and that no monies are owned to any surveyor, mechanic, contractor, subcontractor, materialman, or laborer after all required improvements have been installed. Acceptance of the improvements may be requested in the following increments.
a. Sewer mains and services (either storm or sanitary).
b. Water mains and services.
c. Streets comprised of all grading, gravel, curb and gutter, culverts, and paving.
d. Other miscellaneous appurtenances to the above increments such as sidewalks, bikeways, street lighting, street signing, and the like.
(2) The Village Administrator, Clerk, or highest elected official, as appropriate, shall certify that there are no unpaid taxes or unpaid special assessments on any of the lands included in the area of acceptance, and shall prepare a final billing for the engineer, inspection and legal fees, and submit it to the subdivider for payment. The Village Engineer shall conduct any necessary final inspections of the improvements and forward a report to the Village Administrator, Clerk, or highest elected official, as appropriate, recommending either approval or disapproval. When the engineering, inspection, taxes, special assessments, and legal fees have been paid and when the necessary lien waivers and affidavits have been filed, the report of the Village Engineer, together with the recommendation of the Village Administrator, Clerk, or highest elected official, as appropriate, shall be forwarded to the Village Board for approval and acceptance of the improvements and dedications.
(Prior Code, § 14-1-66)