A. Preliminary Consultation: Prior to the submission of the preliminary plat of any proposed subdivision within the jurisdiction of this chapter, the subdivider shall make known his intentions to the Engineer, Mayor, City Clerk and Plan Commission. During this preliminary or pre-application stage, the following actions shall be taken:
1. Fee For Consultative Services: For consultative services of the permanent City Staff and outside consultants, including but not limited to City Administrator, Engineer, Public Works Superintendent, City Clerk, Community Development Director, Planner, Building and Zoning Officer, Attorney and Landscape Consultant, a fee of five hundred dollars ($500) shall be paid for all sites containing three (3) acres or less. The maximum initial fee shall be $5,000. An additional fee of five hundred dollars ($500) per acre shall be charged for each additional acre. Payments shall be made from the application fee for City services for review and consultation based on time spent by Staff multiplied by the employee's actual hourly rate or consultant's hourly rate. Consultants may add a charge for overhead and professional fee. An additional charge of twenty five percent (25%) shall be added to the Staff or consultant charge for City administrative and executive services. In the event the amount of the application fee is exhausted by such charges, the City, at its discretion, may require the payment of additional monies for such services. (Ord. 2206, 4-6-2005)
2. Action By The Subdivider: The subdivider shall meet with the Plan Commission for the purpose of presenting a general outline of his proposal, including but not necessarily limited to the following:
a. Written Notification: Written notification in the form of a letter of intent from the subdivider to the Plan Commission establishing the subdivider's intent to develop the land.
b. General Subdivision Information: General subdivision information that shall describe or outline the existing conditions of his site and the proposed development. This information shall include data on existing covenants; land characteristics, and available community facilities and utilities. Information describing the subdivision proposal shall include number of residential lots and units broken down by type; typical lot width and depth; business areas; school, playground and park areas; other public areas; and proposed utilities and street improvements.
3. Action By The Plan Commission: The Plan Commission shall discuss the proposed subdivision with the subdivider and so advise him of any City plans or projects which might affect the proposed subdivision, the procedural steps, design and improvement standards, and the general planning requirements.
4. Action By The Subdivider: If required by the Plan Commission, the subdivider shall supply to the Plan Commission ten (10) copies of the general subdivision information described in B-2 above. The subdivider shall also prepare ten (10) copies of the following information for presentation to the Plan Commission.
a. Tentative Engineering Proposals: Tentative engineering proposals regarding water supply, sewerage disposal, storm water drainage, and street improvements.
5. Action By The Plan Commission: The Plan Commission in conjunction with the City Staff and consultants shall review the general subdivision information and tentative engineering proposals and proceed with the following investigations:
a. Zoning Check: Check the existing zoning of the tract and advise the subdivider if a zoning change is necessary or desirable.
b. Public Facility Impact: Check the adequacy of existing or proposed schools, parks, and other public spaces in the vicinity of the proposed subdivision.
c. Site Inspection: Inspect the site or otherwise determine its relationship to major streets, utility systems, and adjacent land uses, and determine any unusual problems in regard to topography, utilities, flooding, etc.
d. School Sites: Advise the developer of the potential acreage allotment, or funds in lieu thereof, to be donated and utilized for public school sites based upon the developer's estimates of the number and type of dwelling units to be constructed, the potential needs of each affected school district, and the Comprehensive Plan or Official Map of the City of Warrenville. Refer to City of Warrenville City Code, Section 8-12-1.
e. Comprehensive Plan Conformity: Advise the developer of the Comprehensive Plan which delineates the areas to be served by either public and/or private water and/or sanitary sewer service. This will determine the feasibility of the proposed subdivision, the sizes of the utilities, and the lots therein.
f. Location Of Flood Plains And Wetlands: Advise the developer of the need for a Special Use Hearing if the proposed subdivision is located on a flood plain or wetland area as identified in Ordinance No. 1189; Chapter 8-5 Municipal Code.
6. Plat Requirements Determined: During the Preliminary Consultation phase the Plan Commission shall determine the submission requirements for subsequent phases of the subdivision process, including, but not limited to, the number of copies to be submitted and the need for a school demographic study. The Plan Commission shall notify the City Clerk of the subdivision requirements for each subdivision proposal.
B. Procedures For Approval Of Preliminary Plat:
1. Action By The Subdivider: The subdivider shall submit a preliminary plat, which said plat shall include all of the property owned or controlled by the applicant which properties are adjacent to or considered to be contiguous to the proposed subdivision together with improvement plans and other supplementary material as specified, to the City Clerk, with written application for approval. In preparing this plat, due regard shall be given to the preservation of natural features such as large trees, water courses, historical and similar community assets. Accompanying this preliminary plat, if required by the Plan Commission, shall be a School Demographic Study, prepared in accordance with City of Warrenville City Code, Section 8-12-1. The required number of copies of the preliminary plat, all required documentation and the required filing fee shall accompany the application which shall be filed with the City Clerk no later than twenty-one (21) days before a regular meeting of the Plan Commission.
2. Action By The City Clerk: The City Clerk shall refer the preliminary plat to the Plan Commission at least ten (10) days prior to a regular meeting of the Plan Commission.
The City Clerk shall also distribute copies of the preliminary plat as determined by the Plan Commission with a request for a review and comments to be received no less than three (3) days prior to the next regularly scheduled meeting of the Plan Commission.
A distribution list shall include:
Mayor
City Clerk
Appropriate School District(s)
Appropriate Park District(s)
Appropriate Fire Protection District(s)
Warrenville Zoning Board of Appeals
City Engineer
Public Works Director
Warrenville Plan Commission (5 copies)
DuPage County Superintendent of Highways
DuPage County Health Department
3. Action By The Plan Commission: The City Engineer shall be requested to cooperate with the Plan Commission in assembling standards for the design and construction of streets and other such public improvements as are required by this chapter or any other ordinance. The Plan Commission and the City Staff and consultants shall review the preliminary plat for compliance with these regulations and other ordinances of the City of Warrenville and the above revisions and comments. The Plan Commission shall, within one (1) month from the first regularly scheduled meeting following referral:
a. Make Recommendation: Approve or disapprove the proposed preliminary subdivision plat and submit a written report of its actions, which shall include the recommendations of the City Engineer and the Public Works Director, to the City Council.
b. Changes, Additions, Or Corrections To Preliminary Plat: If the Plan Commission finds that changes, additions or corrections are required on the preliminary plat, the Plan Commission shall so advise the subdivider in writing. The subdivider may resubmit the preliminary plat to the Plan Commission, without paying an additional fee, for its consideration in the next regular meeting of said Commission. The Plan Commission shall at said meeting approve or disapprove the preliminary plat and submit a written report of its actions, which shall include the recommendations of the Engineer, to the City Council and the subdivider.
c. Notification To Subdivider: The Plan Commission shall notify the owner or subdivider in wilting as to the time and place of the Plan Commission meeting at which he will be afforded an opportunity of being heard.
d. Qualifications Of Approval: The following qualifications shall govern approval of the preliminary plat:
(1) Approval of a preliminary plat by the Warrenville Plan Commission is tentative only, involving merely the general acceptability of the layout as submitted.
(2) The Warrenville Plan Commission may require such changes or revisions as are deemed necessary in the interest of the needs of the community.
(3) Approval of the preliminary plat shall be effective for a maximum period of three (3) months.
e. Notice Of Approval Required: Upon approval of the preliminary plat by the Plan Commission the following Notice of Approval shall be stamped upon five (5) prints thereof, and required signatures affixed:
NOTICE OF APPROVAL OF PRELIMINARY PLAT
Notice is hereby given that the preliminary plat of a subdivision shown hereon has received approval by the Plan Commission of the City of Warrenville, Illinois, and upon compliance by the subdivider with requirements of qualifications governing the approval of preliminary plats and with other revisions and stipulations that may be required, the Plan Commission will receive the final plat for consideration when submitted by the subdivider in such form and within such time as required by the Subdivision Ordinance of Warrenville.
The Plan Commission of the City of Warrenville, Illinois.
Date , by
Chairman, Plan Commission
4. Distribution Of Approved Plat: The Plan Commission shall retain one (1) print of the approved preliminary plat and shall send a cover letter and four (4) copies of said plat to the City Clerk for distribution.
The City Clerk shall make copies of said cover letter and shall distribute the prints of the approved preliminary plat and the cover letter as follows:
a. One (1) cover letter to the Plan Commission;
b. One (1) print and one (1) cover letter shall be sent to the City Engineer;
c. Two (2) prints and two (2) cover letters shall be retained by the City Clerk for filing and departmental use; and,
d. One (1) print and one (1) cover letter shall be returned to the subdivider.
Copies of the cover letter which are sent to the subdivider along with his approved preliminary plat shall also be sent to:
Appropriate School District(s)
Appropriate Park District(s)
Appropriate Fire Protection District(s)
As determined by the Plan Commission.
C. Preliminary Plat Requirements:
The purpose of the preliminary plat is to allow the Plan Commission and other public bodies to determine whether the proposed layout of the land in question is satisfactory from the standpoint of the public interest. The preliminary plat shall be prepared by a qualified professional, trained and experienced in the layout of subdivisions.
The following graphic and descriptive items are required to be shown on the preliminary plat and the accompanying application for approval. The lack of information under any item specified herein, or improper information supplied by the applicant, shall be cause for disapproval of a preliminary plat.
1. Application For Approval: Written application by the owner, or his agent, for approval, on forms furnished by the City Clerk, shall accompany each preliminary plat and contain the following information:
a. Name For File Identification:
(1) Name of subdivision if property is within an existing subdivision.
(2) Proposed name if not within a previously platted subdivision. The proposed name shall not duplicate the name of any plat previously recorded in DuPage County.
(3) Name of property if no subdivision name has been chosen. (This is commonly the name by which the property is locally known.)
(4) No permanent subdivision identification signage shall be erected. All subdivision identification signage shall be removed by developer when public utilities or roads are accepted by the City.
b. Location And Description Of Property: Location of property by government lot, section, township, range, and county (Permanent Parcel Number).
c. Basic Facts And Proposals Pertaining To The Property:
(1) Size of tract in acres or of existing lots, if any, in square feet.
(2) Existing zoning classification of property and any rezoning proposed to be requested.
(3) Number of lots proposed in subdivision.
(4) Area of lots proposed; minimum, average, and maximum.
(5) Proposed linkage with water and sewer facilities.
(6) Any other proposals, such as parcels of land intended to be dedicated, conveyed, or reserved for public use and the conditions proposed for such disposal and use.
d. Information As To Ownership, Preparation Of Plat, And Submission:
(1) Name and address, including telephone number, of legal owner or agent of property and citation of last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date and land records reference.
(2) Citation of any existing legal rights-of-way or easements affecting the property.
(3) Existing covenants on the property, if any.
(4) Name and address, including telephone number, of the professional responsible for the subdivision design shall be shown on the preliminary plat as submitted. Registered Professional Engineer of Illinois, responsible for the design of public improvements, and Registered Illinois Land Surveyor, responsible for surveys.
2. School Demographic Study And Determination Of Acreage Allotment: If a school demographic study is required, it shall comply with City of Warrenville City Code, Section 8-12-1.
3. Accompanying Documentation Required: If required, the preliminary plat of subdivision shall be accompanied by:
a. Annexation Statement: A statement that the proposed subdivision (where contiguous) is or is not to be annexed to the City.
b. Preliminary Plan For Sewer And Water: Either a preliminary engineering plan for sewer, water, and storm sewers or a written statement setting forth general plans for such improvements and indicating the method to be employed to overcome particular problems that may be encountered with the development of the proposed subdivision.
c. Soils Analysis: A soils analysis for each proposed subdivision shall be completed by an engineer registered in the State of Illinois and shall be of sufficient scope to point out potential ground absorption, runoff, flooding deficiencies, the presence of unstable soils or of soils of such low bearing capacity as to constitute problems for conventional construction, or the presence of subsurface rock that would affect the installation of underground improvements or the provision of above ground improvements.
(1) Copies of the soils analysis report shall be filed with the City Engineer and Plan Commission.
(2) Neither the City Engineer nor the City shall have any liability for costs connected with the test, borings, or interpretations of results of such work.
d. Protective Covenants: Draft of protective covenants, whereby the subdivider proposes to regulate land use in the subdivisions and otherwise protect the proposed development.
e. Other Governmental Agencies: Pursuant to Section 2 of the Plat Act (765 ILC5 205/2) the applicant for preliminary plat approval may be required to file a copy of the application with:
(1) The Illinois Department of Transportation, if access to a State highway is involved; and
(2) The local highway authority, if other than the City with respect to all other roadway access; and
(3) The DuPage County Health Department, if any part of the platted land will not be served by a public sewer system. (Ord. 2825, 2-3-2014)
4. Drawings And Data Required: The preliminary plat and accompanying maps as required by the Plan Commission shall be drawn on reproducible medium in a manner that is clear and so that legible prints can be made therefrom, and shall be at a scale of not less than one (1) inch equals one hundred (100) feet (1"-100'). It shall show all existing conditions required below and shall show all proposals including the following:
a. Identification And Description: Identification and description shall be as follows:
(1) Name of the Subdivision: Not a duplication of a name of any plat heretofore recorded in the City or in DuPage County, Illinois.
(2) Location of the Subdivision: Location by section, township, and range, Permanent Parcel Number or by other approved legal description, including present tract designation according to official County Records.
(3) Survey of the Subdivision: Boundary line survey on accompanying map which is prepared and certified by a land surveyor registered in the State of Illinois.
(4) Designer of the Subdivision: Name and address of the site planner and/or engineer.
(5) Owner of the Subdivision: Name and address of the owner and/or subdivider.
(6) Drawing Identification: Drawing number and date of preparation with provision for revisions of drawing.
(7) North Arrow: A north arrow shall be shown on all preliminary plats and accompanying maps.
b. Existing Conditions: Data required as a basis for the preliminary plat shall include existing conditions as follows, except when otherwise specified by the Plan Commission.
(1) Boundary Lines: In accordance with 1 .c. above.
(2) Total Acreage: Within the boundary lines.
(3) Existing Zoning Districts: Both in proposed subdivision and adjacent tract.
(4) Existing Improvements: Location, widths, and name of all existing or previously platted streets or other rights-of-way showing type of improvements (if any), railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures and their street address numbers, easements, and section and corporate lines within the tract and to a distance of one hundred (100) feet beyond the tract.
(5) Utilities on and Adjacent to the Tract: Location and size of existing sewer lines, water mains, culverts, or other underground facilities within the tract and to a distance of one hundred (100) feet beyond the tract-also indicating such data as locations and surface and invert grade elevations of catch basins, manholes, and fire hydrants. If water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and the size of, nearest usable facilities.
(6) Location Map: Drawn at a scale of not less than one (1) inch equals one thousand (1,000) feet or larger, showing boundary lines of adjoining unsubdivided or subdivided land within an area bounded by nearest arterial streets or other natural boundaries, but not less than one half (1/2) mile beyond the subdivision boundaries in subdivision located beyond the City limits, identifying type of use and ownership of surrounding land and showing alignments of existing streets.
(7) Topographic Data: Data including existing contours at vertical intervals of not more than two (2) feet; in unusual topographical conditions, such vertical intervals may be required to be altered as determined by the City Engineer, (topographic data shall refer to United States Geodetic Survey or adjusted City of Warrenville Datum).
(8) Storm Water Drainage Systems: Where drainage tiles exist, their size and location shall be indicated on the topographical map heretofore mentioned. The engineer's opinion regarding the adequacy of such drainage facilities should be stated, as well as the basis for any such conclusions. If additional tile, drainage ditches, lakes or impounding of waters, or other structure intended to facilitate drainage are to be constructed, their size, location, material, grade and other pertinent data shall be given, location of which shall be shown on the topographical map.
Drainage design shall conform to the "Engineering standards for the City of Warrenville, Illinois."
(9) Other Conditions on the Tract: Water courses, marshes, rock outcrop, wooded areas, isolated preservable trees six (6) inches or more in caliper at one (1) foot above ground level, houses, barns, shacks, and other significant features.
(10) Reference to Monuments: Locations of or reference to location of existing monuments or survey markers used in preparation of survey and grade elevation of each monument and marker.
(11) Proposed Public Improvements: Highway or other major improvements planned by public authorities for future construction on or near the tract.
(12) Easements: Location, width, and purpose.
(13) Other Conditions on Adjacent Land: With a distance of one hundred (100) feet from the land being platted, the approximate direction and gradient of ground slope, including any embankments or retaining walls, character and location of buildings, railroads, power lines, towers, and other nearby non-residential land uses or adverse influences; and owner of adjacent unplatted land (for adjacent platted land refer to subdivision plat by name, recording date, and number and show approximate percent built-up, typical lot size and dwelling type).
c. Subdivision Design Features: Subdivision design features as required by the Plan Commission are as follows:
(1) Accord with Comprehensive Plan: The preliminary plat shall be in substantial accord with the Comprehensive Plan as amended from time to time.
(2) Proposed Zoning Changes: The City of Warrenville zoning districts proposed for the subdivision shall be shown.
(3) Required Public Improvements: The subdivider of any proposed subdivision within the corporate limits of the City of Warrenville, and within one and one-half (1-1/2) miles of the corporate limits of the City of Warrenville and within the jurisdiction of the Plan Commission, shall provide, at the subdivider's expense, Required Public Improvements as defined in Section 11-1-4B. of this chapter and in accordance with the City of Warrenville specifications, obtainable from the office of the City Engineer. (Ord. 1369, 3-9-1995)
(4) Layout of Streets: Showing right-of-way widths and street names (not duplicating the name of any street heretofore used in the City or its environs unless such street is an extension of or in line with an already named street in which event that name shall be used) and showing proposed through streets extended to the boundaries of the subdivision and approximate grades and gradients. The street numbering system as adopted by the City shall be adhered to.
The subdivider, at his own expense, shall improve all existing and proposed streets with roadway surfacing of such materials, width and thickness, and in conformity with such design and specification as shall be required by the City of Warrenville.
(5) Other Rights-of-Way: Location and width of pedestrian ways, and utility easements.
(6) Location of Utilities: If not shown on other exhibits.
(7) Lotting: Layout, total number of lots, dimensions on the lot containing the minimum width and depth and on the lot containing the maximum width and depth, lot numbers and block numbers.
(8) Sites to be Reserved or Dedicated: Sites, if any, to be reserved or dedicated for schools, parks, playgrounds, libraries or other public uses. Such sites shall be designated by letter or number.
(9) Setback Lines: Minimum front and side street building lines-indicating dimensions.
(10) Preliminary Engineering: Proposed location of sewer lines and storm water drains and proposed methods of sewage and waste disposal including sufficient information to show the intent of surface drainage and detention and/or detention facilities conforming to minimum standards of the City of Warrenville.
Such layout shall show the storm and sanitary sewers, stubs, valves, line hydrants, water mains, and water services including size, capacity, and location. Included with this shall be specifications for the storm and sanitary sewers and water mains, and a written statement by the subdivider or his engineer describing the adequacy of these proposed facilities as well as the effect they will have on existing or future facilities.
(11) Sanitary Sewage Requirements: The subdivider of any proposed subdivision which is located within the corporate limits of a Sanitary District or within a DuPage County Wastewater Facility Planning Area shall submit to the Plan Commission a letter from such Sanitary District or Wastewater Facility Planning Area lead agency certifying either that:
(A) Wastewater treatment plant capacity and/or sanitary sewers are available for said proposed subdivision, and the specifications and requirements of said lead agency for the construction of sanitary sewers within said proposed subdivision have been adequately met; or
(B) Wastewater treatment plant capacity does not exist to serve the proposed subdivision and/or sanitary sewers cannot then be installed to serve the proposed subdivision.
(12) Grading: The subdivider shall submit proposed grading plans of blocks and lots. No land will be approved for -subdivision which is subject to periodic flooding or which contains inadequate drainage facilities or other topographic conditions which may increase danger to health, life, or property or aggravate erosion or flood hazard unless the subdivider agrees to make improvements which will make such land safe for development and occupancy, including construction of adequate storm water detention facilities.
Development of any flood plain or wetlands area shall be in accordance with Ordinance No. 1189, Chapter 8-5 Municipal Code.
(13) Land Use Intent: Sites, if any, or multi-family dwellings, shopping centers, churches, industry, or other non-public uses exclusive of single family dwellings.
(14) Bike Paths and Nature Trails: The subdivider shall show on the plat any bike paths and nature trails which may be included in the Comprehensive Plan by Ordinance No. 767 as amended.
D. Plans And Specifications For Required Land Improvements:
1. Engineering Plans Required: After the approval of the preliminary plat and prior to filing an application for approval of the final plat, the subdivider shall submit to the City Clerk four (4) complete sets of engineering plans and specifications for the land improvements required by this chapter along with a single estimate of the cost of the proposed improvements. Said plans and specifications shall bear the seal of the design engineer and shall include the following documents:
a. Topographic Map: A topographic map of the proposed subdivision at a minimum scale of one (1) inch equals two hundred (200) feet (1" = 200'), the limits of which shall extend at least one hundred (100) feet beyond the limits of the proposed development or a grading plan of proposed structures, the direction of flow of surface runoff, the finished grade of all corners of a lot, etc.
b. Construction Drawings: Construction drawings with a horizontal scale of one (1) inch equals one hundred (100) feet (1" = 100') and a vertical scale of one (1) inch equals ten (10) feet (1" = 10'). Existing and proposed construction are to be shown on these drawings.
c. Detail Sheets.
d. Specifications: Complete set of specifications covering the work to be done.
e. Engineering Documents Required: Prior to the submittal of a Final Plat, final engineering documents shall be submitted for review and approval as follows:
(1) Storm Water Management Facilities: The engineering drawings showing proposed storm water facilities as required by Section 11-1-7G. shall be submitted to and must gain approval by the City Engineer, and Public Works Director.
(2) Profile Study: A reproducible Mylar containing the following information must gain approval by the City Engineer as required by the Plats Act.
(A) All elevation shall be referred to the United States Geological Survey datum.
(B) Existing contours at one (1) foot intervals, indicating the locations and elevations of bench marks used to determine said contours.
(C) Finished grade contours at one (1) foot intervals of the proposed site.
(D) Top of foundation elevations for existing and proposed structures.
(E) Rim and invert elevations of all existing and proposed drainage structures within the development.
(F) Size, slope, and location of all storm sewers.
(G) Size, shape, invert, and location of the downstream receiving drainage structures.
(H) Signature Blocks Required on Profile Study:
i. Owners Surface Water Drainage Certificate, Section 11-1-6F.2.b.
ii. Engineer's Surface Water Drainage Certificate, Section 11-1-6F.2.c.
(3) Sewage Disposal Facilities:
(A) Public Sewer: The engineering drawings showing the proposed sanitary sewer system shall be submitted to and must gain approval by the City Engineer and Public Works Director.
(B) Private Septic System: The subdivider shall submit to the DuPage County Health Department plans for the location of private septic systems within the proposed subdivision for approval. The subdivider shall also be required to obtain approval by the Health Officer of witnessed seepage tests for all lots within the proposed subdivision.
(4) Water Supply:
(A) Public Water: All engineering drawings showing proposed public water supply systems must gain approval by the City Engineer.
(B) Private Water Supply System: All engineering drawings showing the locations of proposed private water supply systems must gain approval by the DuPage County Health Department.
(5) Street Engineering Plans: The engineering drawings showing proposed street improvements shall be submitted to and must gain approval by the governing Highway Authority.
(6) Other Engineering Plans: Other engineering plans shall be provided as needed to meet the requirements of this chapter.
(7) As-Built Drawings: As-built drawings of all improvements shall be submitted and must gain approval by the City Engineer prior to the acceptance of said improvements.
2. Engineering Plans Approval: The City Clerk shall forward two (2) complete sets of such copies of preliminary plans and specifications for land improvements and grading plans to the Plan Commission, one (1) such set of plans and specifications to the City Engineer, and one (1) such set of plans and specifications to the Public Works Director.
a. Review By City Engineer: The City Engineer and City Staff having jurisdiction shall approve such engineering and specifications or set forth the revisions necessary for approval. Based upon the conditions of approval of the plans and specifications the subdivider shall have prepared, by a registered engineer, final plans and specifications covering such required land improvements. Such plans and specifications shall be approved by the City Engineer and other public officials having jurisdiction, and such approval shall be certified on the final plat. The Plan Commission shall not approve a final plat and engineering plans and specifications for required land improvements until such plans and specifications have gained approval by the City Engineer.
Work on the required land improvements shall not commence until approval of the final plat by the City Council unless the City Council specifically authorizes the issuance of a "Quick Start" Grading or Infrastructure Installation Permit. The City Council may, within its reasonable discretion, authorize construction of infrastructure or earth moving at the Developer's risk prior to the City Council's approval of the necessary Ordinances required for final approval of a specific project or development. However, in each such case, the infrastructure which may be installed under a "Quick Start" Installation Permit shall be limited to those particular infrastructure components which have received final engineering review and approval. (Ord. 1722, 11-4-1998)
b. Review Fees: The City will charge the subdivider for review of plans for required surface and underground improvements: Prior to or concurrently with the submission of these documents to the City Clerk, the subdivider shall pay or shall cause to be paid to the City of Warrenville said fee computed in accordance with the following table:
Estimated Cost of Required Public Improvements | Review and Inspection Fee (Ord. 1369, 3-9-1995)
|
Estimated Cost of Required Public Improvements | Review and Inspection Fee (Ord. 1369, 3-9-1995)
|
Less than $2,500 | 7% of estimated cast; but not less than $150.00 |
$2,500 to $10,000 | 6% of estimated cost, but not less than $400.00 |
$10,000 to $25,000 | 5.5% of estimated cost, but not less than $1,000.00 |
$25,000 to $50,000 | 5% of estimated cost, but not less than $1,500.00 |
$50,000 to $100,000 | 4.75% of estimated cost, but not less than $3,000.00 |
$100,000 to $200,000 | 4.5% of estimated cost, but not less than $5,000.00 |
$200,000 or more | 4.25% of estimated cost, but not less than $10,000.00 |
The subdivider shall pay this fee before any action, whether approval or disapproval, shall be taken by the City on his engineering plans. The fee for a "Quick Start" Grading or Infrastructure Installation Permit shall be assessed as a 15% surcharge to the normal Final Engineering Review and Inspection Fee associated with the improvements approved for installation under the "Quick Start" Permit and as computed in accordance with the table outlined hereinabove. The minimum fee for any "Quick Start" Permit shall be $500.00. (Ord. No. 1722, 11-4-1998)
E. Procedures For Approval Of Final Plat:
1. Action By The Subdivider:
a. Application Of City Clerk: Application for approval of the final plat, including all engineering drawings, shall be submitted in writing to the City Clerk and shall be accompanied by the fee for engineering review as required in these regulations. The application shall include the original and four (4) copies of the final plat and all other required documents.
b. Conformance With Preliminary Plat: The final plat shall conform to the preliminary plat as approved. If desired by the subdivider, the final plat may constitute only that portion of the approved preliminary plat which he proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations. Any extension of time for approval of the remaining portion of the preliminary plat is subject to the discretion of the Plan Commission.
c. Illinois Department Of Transportation Approval: In the event that there is access from the subdivision to a State highway, the subdivider shall demonstrate compliance with the requirements for Illinois Department of Transportation approval as required by 765 ILC5 205/2. (Ord. 2825, 2-3-2014)
2. Action By The City Clerk: The City Clerk shall submit the final plat and other required documents to the Plan Commission for its review and recommendations for approval or disapproval at least ten (10) days prior to a regularly scheduled meeting.
3. Action By The Plan Commission: Within two (2) months after its regularly scheduled meeting, at which the application for approval of final plat is reviewed, the Plan Commission shall recommend approval or disapproval. If the Plan Commission recommends approval, it shall affix upon the plat the certifying signature of its Chairman. If it disapproves, it shall set forth its reasons in its own records and provide the applicant and the City Council with a copy. Within three (3) business days after the plat is submitted for approval to the City Council, notice shall be provided by certified mail, return receipt requested, or by personal delivery, to the president of the school board of each school district in which any of the subdivided land is located that a hearing on approval or disapproval of the plat is scheduled. The notice shall also give the date, time, and place of the hearing before the City Council. (Ord. 2825, 2-3-2014)
4. Action By The City Council:
a. Plat Submitted To The City Council: After a recommendation of approval of the final plat by the Plan Commission and the fulfillment of the requirements of these regulations, one (1) tracing of the final plat of the subdivision, drawn in ink on tracing cloth or Mylar drafting film not to exceed thirty-six (36) inches by forty-eight (48) inches in size, shall be submitted to the City Council for approval.
b. Action By City Council: Action must be taken by the City Council within two (2) months after the meeting at which the final plat, engineering specifications for required land improvements, and all other drawings, maps and other required documents have been submitted for its approval. The applicant and the City Council may mutually agree to extend the two (2) month period. If the City Council disapproves the final plat, it shall provide to the subdivider its reasons for disapproval of the final plat in writing. A copy shall be sent to the Plan Commission.
c. Approved Plat Copies: Upon approval by the City Council the City Clerk shall receive from the subdivider one (1) cloth or Mylar reproducible print and eight (8) contact prints of the approved final plat, and eight (8) copies of the approved supporting documents. The cost of such prints and copies of such documents shall be paid by the subdivider.
(1) One (1) contact print of the final plat, when applicable, one (1) copy of the accompanying protective covenants, and one (1) copy of the supporting documents shall be delivered to the Plan Commission;
(2) One (1) contact print and all specifications, drawings and estimates shall be delivered to the City Engineer; and
(3) One (1) transparency print and one (1) contact print and all other supporting documents shall be retained by the City Clerk.
5. Filing Of Final Plat:
a. Filing With County: Upon approval by the City Council the Registered Land Surveyor who prepared the original plat, or a person designated by the Land Surveyor shall record the plat with the DuPage County Recorder within three (3) months.
b. Filing For Local Record: The final plat in exact form as approved by the City Council, and as filed with the DuPage County Recorder, shall be filed for local record by the City Clerk. Such local file copy shall bear the appropriate documentation number such as assigned by the DuPage County Recorder.
6. Drawings And Data For Final Approval: The final plat shall be accurately drawn in ink on tracing cloth or Mylar drafting film, in a manner that is clear and legible so that transparent or contract prints or photostatic copies can be made. The final plat shall be at a scale of one (1) inch equals one hundred (100) feet (1" = 100') on sheets not to exceed thirty-six (36) by forty-eight (48) inches. Where necessary, the plat may be drawn on several sheets accompanied by an index sheet showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the Plan Commission. Any changes to the unrecorded plat must be made by the Registered Land Surveyor who prepared the original plat.
F. Final Plat Requirements: The final plat shall show the following:
1. General Information: General information shall be as follows:
a. Boundary Lines: In accordance with Sub-paragraph 4.b.(1) of Section 11-1-6C.
b. Layout Of Streets: Showing right-of-way widths and street names (not duplicating the name of any street heretofore used in the City or its environs unless such street is an extension of, or in line with an already named street in which event that name shall be used) and showing proposed through streets extended to the boundaries of the subdivision.
c. Other Rights-Of-Way: Location and width of alleys, pedestrian ways, utility easements and community antenna television systems. (Ord. 2825, 2-3-2014)
d. Sites To Be Reserved Or Dedicated: Sites to be reserved or dedicated for schools, parks, playgrounds, or other public grounds, or for the exclusive use of property owners within the subdivision. Such areas shall be designated by letter or number and by legal description. (Ord. 2825, 2-3-2014)
e. Accurate Dimensions: Accurate angular and lineal dimensions for all lines, angles, radii, and arcs used to describe all boundaries including perimeter survey of tract, streets, easements, areas to be reserved or dedicated- for public use, and other important features. Error of closure of boundary line surveys shall not exceed one (1) in ten thousand (10,000) (one [1] foot for each ten thousand [10,000] feet of perimeter survey). Angular error shall not exceed plus or minus twenty (20) seconds. Lot lines shall show dimensions in feet and hundredths, and when an angle occurs in any lot line between lot corners, the measurement of the angle shall be shown in degrees, minutes, and seconds. The final plat shall show accurately the location of all permanent lot markers as actually installed.
f. Control Points: True angles and distances to the nearest established street lines and official monuments (not less than three [3]), which shall be accurately described in the plat by location, size, and elevation, to which all dimensions angles, bearings, and similar data on the plat shall be referred.
g. Identification System: An identification system for all blocks and lots using consecutive numbers of lots within a block and, where applicable, a street address number in accord with current City policies.
h. Correlation With Existing Boundaries: Municipal, township, or section lines accurately correlated to the lines of subdivision by distances and angles.
i. Location Of Monuments: Accurate location of all monuments which shall be placed at all block corners, angle points, and at intermediate points as shall be required by the City Engineer, and installed in such a manner that they may be located by a licensed surveyor and not be moved by frost. All U.S.G.S., State, County, City, or other official bench marks, monuments, or triangulation stations in or adjacent to the property shall be reserved in precise position. (Ord. 2825, 2-3-2014)
Designation of the points where monuments marking the external boundaries of the subdivision may be found. These monuments shall be placed at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points in any line and at all angle points along a meander line, the points to be not less than twenty (20) feet back from the normal water elevation of a lake or from the bank of a stream, except that when such corners or points fall within a street or proposed future street, monuments shall be placed on the right-of-way line of the street.
j. Covenants: Protective covenants, if any, are to be placed on the final plat or as an accompanying document in form for recording.
k. Setback Lines: Proposed building setback lines on all lots and other sites.
l. Name of Subdivision.
m. Location: By section, township, and range.
n. Permanent Parcel Index Number.
o. Address of Property or Vacant.
p. Title, Scale, North Arrow.
q. Certification: Certification by a registered land surveyor certifying to the accuracy of the survey and plat.
r. Drawing Number and Date.
s. Other Data: Such other certificates, affidavits, endorsements, or dedications as may be required by the Plan Commission in the enforcement of these regulations.
t. Certification Required: The application for approval of the final plat shall not be deemed completed until the following certificates, where applicable, other than City Clerk Certificate, have been duly executed:
1. Owner's Certificate:
(For use in case of individual ownership*)
STATE OF ILLINOIS )
COUNTY OF DUPAGE ) ss
This is to certify that the undersigned is/are the legal owner(s) of the land described as in DuPage County, Illinois, shown hereon as (Lot Block ) and that no other person has any right, title, or interest in said land, and that said owners has/have caused the same to be surveyed and subdivided as indicated thereon, for the uses and purposes therein set forth, and to hereby acknowledge and adopt the same under the title indicated.
Dated this day of , 20 .
Name(s)
Address
Notary Public
My Commission Expires:
* Corporate owner’s certificate should be accompanied by a corporate form of acknowledgment.
2. Owner's Surface Water Drainage Certificate*:
STATE OF ILLINOIS )
COUNTY OF DUPAGE ) ss
This is to certify that owner(s) of the land herein described or duly authorized attorney certify that to the best of my knowledge and belief the drainage of surface waters will not be changed by the construction of such subdivision or any part thereof, or that, if such surface water drainage will be changed, adequate provision has been made for collection and diversion of such surface waters into public areas, or drains which the subdivider has a right to use, and that such surface waters will not be deposited on the property of adjoining land owners in such concentrations as may cause damage to the adjoining property because of the construction of the subdivision.
Name & Title (if any)
Address
Dated this day of , 20 .
* Corporate owner’s certificate should be accompanied by a corporate form of acknowledgment.
3. Engineer's Surface Water Drainage Certificate:
STATE OF ILLINOIS )
COUNTY OF DUPAGE ) ss
This is to certify that I, a Registered Professional Engineer, certify that to the best of my knowledge and belief that drainage of surface waters will not be changed by construction of such subdivision or any part thereof, or that if such surface water drainage will be changed, adequate provisions have been made for collection and diversion of such surface waters into public areas, or drains which the subdivider has the right to use, and that such surface waters will not be deposited on the property of adjoining land owners in such concentrations as may cause damage to the adjoining property because of the construction of the subdivision.
Name
Address
Registration Number
Dated this day of , 20 .
4. Notary Certificate:
STATE OF ILLINOIS )
COUNTY OF DUPAGE ) ss
I, , a Notary Public in and for the residing in the County and State aforesaid, DO HEREBY CERTIFY THAT, personally known to me to be as such owner(s), appeared before me this day in person and acknowledged that he/they signed and delivered the plat as his/their own free and voluntary act for the uses and purposes therein set forth.
Given under my hand and Notarial Seal this day of , 20 .
Notary Public
My Commission Expires:
5. Surveyor's Certificate:
STATE OF ILLINOIS )
COUNTY OF DUPAGE ) ss
I, , A Registered Illinois Land Surveyor, DO HEREBY CERTIFY that I have surveyed and subdivided the lands shown on the plat and described in the above caption, and that the said plat, drawn to a scale of 100 feet per 1 inch, is a true and correct representation of the said survey and subdivision. I do further certify that I have placed iron stakes at all corners and at all curve control points as permanent monuments from which future surveys may be made. All measurements are shown in feet and in decimal parts of a foot.
I further certify that the above-described property is entirely within the corporate limits of the City of Warrenville, Illinois, which has adopted a City plan and is exercising the special powers authorized by Division 12 of Article 11 of the Illinois Municipal Code as amended.
This is to certify that the parcels included in this record of deed (are/are not) located in the Special Flood Hazard Area identified for the City of Warrenville, Illinois, by the Federal Emergency Management Agency on the Flood Insurance Rate Map, Panel No. 170218 0001C and 0002C dated October 3, 1983.
Dated at . Illinois, this
day of , A.D. 20 .
Registered Illinois Land Surveyor
Registration No.
(Ord. 1172, 8-20-1991)
6. Plan Commission Certificate:
STATE OF ILLINOIS )
COUNTY OF DUPAGE ) ss
This is to certify that the members of the Plan Commission of the City of Warrenville, Illinois have reviewed and approved this plat.
Dated at Warrenville, DuPage County, Illinois, this day of , 20 .
Chairman
Secretary
7. City Engineer's Certificate:
STATE OF ILLINOIS )
COUNTY OF DUPAGE ) ss
I, , City Engineer of the City of Warrenville, Illinois, hereby certify that the land improvements described in the plat, and the plans and specifications therefore, meet the minimum requirements of said City and have been approved by all public authorities having jurisdiction thereof.
Dated at Warrenville, DuPage County, Illinois this day of , 20 .
City Engineer
Registration Number
8. City Collector Certificate:
STATE OF ILLINOIS )
COUNTY OF DUPAGE ) ss
I, , Collector for the City of Warrenville, Illinois, do hereby certify that there are no delinquent or unpaid current or forfeited special assessments or any deferred installments thereof that have not been apportioned against the tract, included in the plat.
Dated at Warrenville, DuPage County, Illinois, this day of , 20 .
City Collector
9. City Council Certificate:
STATE OF ILLINOIS )
COUNTY OF DUPAGE ) ss
This is to certify that the City Council of the City of Warrenville, DuPage County, Illinois, has reviewed and approved this plat.
Dated at Warrenville, DuPage County, Illinois, this day of ,20 .
Mayor
ATTEST:
City Clerk
10. County Clerk Certificate:
STATE OF ILLINOIS )
COUNTY OF DUPAGE ) ss
I, County Clerk of DuPage County, Illinois, DO HEREBY CERTIFY that there are no delinquent general taxes, no unpaid current general taxes, no unpaid forfeited taxes, and no redeemable tax sales against any of the land included in the plat.
I further certify that I have received all statutory fees in connection with the plat.
Given under my hand and seal of the County Clerk at Wheaton, DuPage County, Illinois, this day of ,20 .
County Clerk
11. County Recorder Certificate:
STATE OF ILLINOIS )
COUNTY OF DUPAGE ) ss
This plat was filed for record in the Recorder's Office of DuPage County, Illinois, on the day of, A.D., 20 , at o'clock m. as document number .
County Recorder
12. County Health Department Certificate:
STATE OF ILLINOIS )
COUNTY OF DUPAGE ) ss
I, , DuPage County, Illinois, do hereby certify that the subdivision shown on this plat complies with all water and sanitary sewage requirements of the DuPage County Health Department.
Dated at Wheaton, DuPage County, Illinois, this day of , 20 .
Name & Title
13. County Engineer Certificate:
STATE OF ILLINOIS )
COUNTY OF DUPAGE ) ss
I, , County Engineer of said County, do hereby certify that the plat has been examined by me and found to comply with the highway requirements as set forth in a regulation governing plats of subdivision lands adopted by the County Board of DuPage County, Illinois.
Dated at Wheaton, DuPage County, Illinois, this day of , 20 .
County Engineer
14. City Clerk Certificate:
STATE OF ILLINOIS )
COUNTY OF DUPAGE ) ss
I, , City Clerk of the City of Warrenville, Illinois hereby certify that the plat was presented to and by resolution duly approved by the City Council of said City at its meeting held on , 20 , and that the required bond or other guarantee has been posted for the completion of the improvements required by the regulations of said City.
In witness whereof, I have hereto set my hand and seal of the City of Warrenville, Illinois, this day of , 20 .
City Clerk
15. Subdivisions Outside Corporate Limits:
Except as otherwise required by statute, certification of final plats of subdivision located in the unincorporated areas within one and one-half miles beyond the City limits shall be those required by the DuPage County Subdivision Regulations, except, when the City of Warrenville Subdivision Regulations are more restrictive, the applicable certifications contained herein shall also be required.
If certification of the final plat is required in accordance with the DuPage County Subdivision Regulations the following certification shall be included on the final plat.
PLAT CERTIFICATION
STATE OF ILLINOIS )
COUNTY OF DUPAGE ) ss
Approved by the Board of , DuPage County, Illinois this day of , 20 .
Plat Officer
16. School District Boundary Statement:
The undersigned, being duly sworn, upon his/her oath deposes and states as follows:
That he/she is the owner of the property legally described on a proposed Plat of subdivision submitted to the City for approval, which legal description is attached hereto and incorporated by reference herein; and
To the best of the owner's knowledge, the school district(s) in which each tract, parcel, lot or block of the proposed subdivision lies is/are:
(school district name)
(address)
Dated this day of , 20 .
Owner(s)
2. Utility Easement Provisions: Easements are reserved for and granted to the City of Warrenville and to those public utility companies operating under franchise from the City, including but not limited to, Commonwealth Edison Company, NICOR Gas Company, AT&T, Comcast, and their successors and assigns, over all the areas marked "Easement for public utilities" on the plat for the perpetual right, privilege and authority to construct, reconstruct, repair, inspect, maintain, and operate various transmission and distribution systems, and including storm and/or sanitary sewers, together with any and all necessary manholes, catch basins, connections, appliances, and other structures and appurtenances as may be deemed necessary by said City, over, upon, along, under and through said indicated easement, together with right of access across the property for necessary workers and equipment to do any of the above work. The right is also granted to cut down, trim or remove any trees, shrubs or other plants on the easement. Easements are hereby reserved and granted to the City and other governmental authorities having jurisdiction of the land subdivided hereby, over the entire easement area for ingress, egress, and the performance of municipal and other governmental services, including water, storm and sanitary sewer service and maintenance. (Ord. 2825, 2-3-2014)
G. Construction Of Required Land Improvements:
1. Installation Required: The owner of subdivider shall, before the recording of this final plat, enter into a contract with the City of Warrenville agreeing to install street and utility improvements and other improvements indicated on the approved preliminary plat and as approved in the final engineering documents in accordance with specification hereinafter provided. Such contract shall be in such form as required by Section 11-1-6H.1.a. of this chapter.
2. Deeding Of Improvements: All public improvements including those underground up to the property line shall be deeded over to the City of Warrenville and become the property of the City after approval by the City Engineer and when accepted by resolution of the City of Warrenville. All labor and material for installing public improvements shall be furnished by the owner or subdivider. All testing required for acceptance shall be done by the owner or subdivider under the supervision of the City Engineer.
H. Agreements And Guarantee Of Improvements:
The requirements of this section shall be complied with prior to the execution and recording of a final plat of subdivision.
1. Action By The Owner Or Subdivider: Prior to the execution and recording of a final plat; the owner, subdivider, developer, and other related parties shall submit the following to the City Clerk:
a. Subdivision Public Improvements Agreement, an executed subdivision public improvements agreement in a form approved by the City Administrator. The subdivision public improvements agreement shall, without limitation, include or refer to the following minimum information:
(1) Terms governing the completion of the required public improvements, including that such improvements be completed in accordance with plans and specifications approved by the City Engineer and this chapter.
(2) Type and summary of terms of performance security for the construction and maintenance of the required improvements.
(3) Methods of satisfying applicable requirements for dedicating or paying of cash contributions for the future acquisition or development of, public lands, in accordance with Chapter 12 of Title 8 of the Warrenville City Code.
(4) Procedures governing the inspection, acceptance, and transfer of public improvements to the City, if applicable.
(5) An acknowledgment by the owner, subdivider or developer, as the case may be, that the City is not and shall not be, in any way, liable for any damages or injuries that may be sustained as the result of the City's review and approval of any plans or improvements for the subject property.
(6) Such other acknowledgments, indemnifications and hold harmless agreements as the City Administrator, or his designee, may require.
(7) All other provisions deemed necessary by the City Administrator, or his designee, in order to fulfill the purpose and intent of this chapter. (02019-37, 7-15-19)
b. Security Guaranteeing Completion Of Public Improvements: The following forms of security shall be accepted as completion guarantees for public improvements:
(1) (A) Cash Escrow. Cash deposit or certified check in the total amount required shall be deposited with the City Administrator.
(B) Letter of Credit. An irrevocable, commercial letter of credit with any financial institution in a form acceptable to the City Administrator and City Attorney.
(C) A performance surety bond, together with a payment surety bond issued by a surety with an A.M. Best's financial rating of AA+, A+, A, A-, or FPR9 and in the form set forth in Appendices IV and V of the chapter.
(D) A letter of commitment issued by an insurance company or financial institution with an A.M. Best's financial rating of AA+, A+, A, A-, or FPR9. Such letter of commitment shall contain terms and conditions which are substantively identical to the terms and conditions of the performance surety bond (Appendix IV) and labor and material surety bond (Appendix V).
(2) Said security shall be in an amount equal to one hundred ten percent (110%) of the approved estimated cost of all required improvements as defined in this chapter and shall be in effect until the required public improvements have been completed, inspected, and approved.
(3) Surety Reduction Requests. Reductions to the outstanding security can be approved by the City of Warrenville for up to ninety percent (90%) of the value of complete required public improvements if (i) a written request with supporting documentation for such a reduction has been submitted by the developer or subdivider who posted the required surety; and (ii) said request has been reviewed and approved by both the City Engineer and the Warrenville City Council. One surety reduction will be processed every eight (8) months (beginning on the date the original surety was posted) by the City of Warrenville with no additional fees due from the developer or subdivider. A $400.00 processing fee will be charged by the City for each additional surety reduction request(s) during any such eight (8) month period. (Ord. 1780, 8-16-1999; amd. Ord. 2813, 11-18-2013)
2. Action By The City Clerk: The City Clerk shall not certify the approval of the Mayor and City Council on the final plat until all of the requirements of this section have been completed.
3. Subdivisions Outside Corporate Limits: Such agreements, as set forth above, shall not be required for subdivisions located in the unincorporated areas within one and one-half (1-1/2) miles beyond the City limits when there is evidence that agreements are entered into between the owner or subdivider and DuPage County, except when the City standards for public improvements are of higher quality than DuPage County standards, such agreements may be required by the City.
I. Acceptance Of Required Public Improvements:
1. Acceptance Of Improvements By Resolution: Upon the completion of construction of any public improvements required by this chapter, in conformance with approved engineering plans and specifications, the owner or subdivider shall prepare and submit to the City Department of Public Works four (4) sets, plus one (1) reproducible set on Mylar of as-built plans and certification by the City Engineer that such public improvements have been satisfactorily completed in accordance with the approved engineering plans and specifications. The City Council will enact a resolution accepting said improvements.
2. Final Plat Approval Not Acceptance Of Improvements: If any final plat of subdivision contains public streets or thoroughfares which are therein dedicated as such, whether located within the corporate limits of the City, or all or in part outside thereof, or contains existing streets located outside of said corporate limits, the approval of the final plat by the City Council or the subsequent annexation of the property to the City shall not constitute an acceptance thereon or therein, irrespective of any act or acts by an officer, agent, or employee of the City with respect to such streets or improvements. The acceptance of such streets or thoroughfares shall be made only by the adoption of a resolution by the City Council, after there has been filed with the City Clerk a certificate by the City Engineer certifying that all improvements required to deconstructed or installed in or upon such streets or thoroughfares, in connection with the approval of the plat of subdivision by the City Council, have been fully completed and the construction or installation thereof has been approved by him.
3. Guarantee Of Completed Improvements: Upon completion of the improvements covered by the security for public improvements, the owner or subdivider shall notify the Mayor of the City of Warrenville in writing and request inspection of the completed improvements. The owner or subdivider shall submit, with the request for inspection, an as-built plan covering the improvements to be accepted. Said as-built plan shall meet the requirements of Section 11-1-6I.1. above. After the improvements have been inspected by the City and found to be complete, but before acceptance by the City Council, the owner or subdivider shall furnish a security that shall be in effect for a period of two (2) years after acceptance. Said security shall be in an amount equal to at least ten percent (10%) of the total cost of the improvements to be accepted. The security shall be in a form as provided in Section 11-1-6H.1.b. and shall guarantee the obligations of the developer as set forth in Section 11-1-6H.1.a. and shall secure the guarantee and warranty of the developer that all public improvements and all improvements and vegetation within the public right-of-way shall remain free from any and all defects of any kind, shall be in accordance with the approved plans and specifications, and shall function as intended and designed, as of the date of acceptance and for a period of two years thereafter. Only ordinary wear and rear is excluded from the scope of this warranty and guarantee.
If security for public improvements is already on file guaranteeing completion of the same improvements, the owner or subdivider need not furnish new security before acceptance by the City Council. However, said acceptance by the Mayor and City Council shall release an amount equal to not more than ninety percent (90%) of the original security amount to enable the owner or subdivider to furnish a new security for public improvements equal to ten percent (10%) of the cost of the improvements for two (2) years after acceptance. (Ord. 1046, 8-9-1989; amd. Ord. 1117, 8-21-1990; Ord. 1780, 8-16-1999; Ord. 2813, 11-18-2013)
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