The completion and acceptance of land improvements shall be in accordance with the following:
A. Completion: All required land improvements shall be completed within two (2) years of the recording of the final plat unless prior to the expiration of the two (2) year period a time extension is requested by the subdivider and granted by the village board. A request for an extension shall not halt the two (2) year period. No extension shall be granted unless adequate guarantee collateral has been received and approved by the village board.
B. Construction Observation Of Land Improvements:
1. Project Engineer: During the course of construction, the subdivider's project engineer shall provide for construction observation of the work in order to ensure compliance with the approved plans and specifications and with good engineering and construction practices. Construction observation of the work may also be done by the village engineer and other governmental officials as reasonably required or deemed necessary by the village.
2. Preconstruction Meeting: Prior to beginning the installation of any improvements, including any excavation or filling, the subdivider, the project engineer and general contractor shall attend a preconstruction meeting with the village engineer. The purpose of the meeting is to review acceptable site development and construction practices in accordance with village ordinances and policies and to complete the preconstruction meeting inspection checklist (see appendix III, incorporated by reference in section 11-1-3 of this title) pertaining to the requirements and schedule for inspection of improvements.
3. Inspections: All required land improvements shall be subject to inspections by the village engineer. The subdivider shall give at least twenty four (24) hours' notice to the village engineer prior to the performance of any required inspections as indicated on the preconstruction meeting inspection checklist.
4. Correction Of Defects: If upon observation of the improvements, the village engineer finds that the proposed work is unsatisfactory or does not comply with the approved plans and specifications, the village engineer shall advise the project engineer in writing of the defects or deficiencies he believes should be corrected or rejected, or should be uncovered for observation, or require special testing, inspection or approval. After the steps advised by the village engineer have been completed, the subdivider shall again notify the village engineer as provided above for inspection of improvements.
5. Final Inspection: Upon completion of all required onsite and offsite improvements, the subdivider shall notify the village engineer, who shall thereupon authorize a final inspection of all improvements installed. If such final inspection indicates that there are any defects or deficiencies in any such improvements as installed, or if there are any deviations in such improvements as installed from the final engineering plans, the village engineer shall notify the subdivider in writing of such defects, deficiencies or deviations and the subdivider shall, at his sole cost and expense, correct such defects or deviations within ninety (90) days of the date of notification, unless the village engineer shall approve in writing a longer time period, within his discretion reasonably exercised, due to impossibility of performance. When such defects, deficiencies or deviations have been corrected, the subdivider shall notify the village engineer that the improvements are again ready for final inspection.
C. Reduction Of Guarantee:
1. Classifications of required land improvements are enumerated below. The amount of the guarantee collateral may be reduced as each classification of required land improvements is completed and approved for each approved phase of development. Onsite and offsite required land improvements shall, where applicable, each be divided into the following categories as may be applicable:
a. Excavating, filling and grading and retention/detention areas;
b. Sanitary sewer system and appurtenances;
c. Water system and appurtenances;
d. Storm sewer system and appurtenances;
e. Streets;
f. Landscaping improvements;
g. Miscellaneous improvements (street signs, street lights, pedestrian or equestrian ways, bicycle trails, etc.).
2. A construction guarantee shall be reduced only by written recommendation of the Village Engineer as approved by the Village Board by motion or resolution upon:
a. Written application for reduction by the subdivider, provided the reduction for any land improvement shall not exceed ninety percent (90%) of the cost estimate approved by the Village Engineer for that improvement, by classification, until acceptance or approval of the improvement by the Village Board. The Village Engineer must certify that the improvements in the particular category for which reduction is sought are substantially complete. Upon Village Board acceptance or approval, up to one hundred percent (100%) of the estimated cost of the improvement may be released. Reduction of the remaining guarantee shall not be authorized until all the land improvements have been accepted or approved and as hereafter provided. Approval of a reduction hereunder shall not constitute acceptance or final approval of any improvement by the Village.
b. The unsatisfactory installation, not corrected by the subdivider within thirty (30) days after receiving written notice from the Village Engineer, the Village Board or the Village Attorney, of required improvements, in which event the Village may then declare the subdivider to be in default and may draw from the construction guarantee the amount necessary to insure the satisfactory construction of said improvements, including attorney fees, other professional fees and court costs related to the enforcement of the provisions of this Section.
c. The failure of the subdivider, within thirty (30) days after receiving written notice from the Village, to pay in full any fees or expenses incurred by the Village in accordance with Sections 11-3-2 and 11-3-3A of this Title.
d. The failure of the subdivider to furnish a replacement or renewal letter of credit or other construction guarantee not less than thirty (30) days prior to the expiration of such letter of credit or guarantee, which shall entitle the Village to draw thereon. A reduction under this subsection C2d shall not require a written recommendation by the Village Engineer.
D. Release Of Guarantee: The guarantee for completion of the land improvements shall be released only upon fulfillment of the following conditions:
1. The completion of all land improvements;
2. The submission of one reproducible (mylar) set of record drawings which shall be prepared by the project engineer and approved in writing by the Village Engineer who shall show and certify as to the actual location of all land improvements, whether public or private, and shall clearly designate any and all changes from the approved plans and specifications;
3. A bill of sale, when required, and a contractor's affidavit and lien waivers in accordance with the Illinois Mechanic's Lien Act 1 , for all land improvements which have been designated by the Village Board for acceptance or approval;
4. The submission of a deposit in cash or irrevocable letter of credit, equal to twenty percent (20%) of the cost of land improvements except landscaping improvements. This deposit shall be a guarantee of satisfactory performance of the land improvements and the payment of all fees and expenses incurred by the Village in connection with the subdivision. The deposit shall be held by the Village for a period of twelve (12) months after acceptance of the improvements. After such twelve (12) months the deposit shall be refunded if all of said fees and expenses have been paid and if no defects have developed. In the event there are any unpaid fees or expenses or if any defects have developed, then the remaining deposit shall be released, by motion or resolution of the Village Board, subject to payment for said fees and/or amounts expended or to be expended in correcting defects;
5. The submission of a deposit in cash or in the form of an irrevocable letter of credit equal to twenty percent (20%) of the cost of all required landscaping improvements. This deposit shall be a guarantee of the satisfactory performance of the landscaping improvements and the payment of all fees and expenses incurred by the Village in connection therewith. The deposit shall be held by the Village for a period of eighteen (18) months after acceptance of the landscaping. After such eighteen (18) months, the deposit shall be refunded if it is determined by the Village that the establishment and growth of the landscaping is assured. In the event there is a need to correct defects or replace diseased or dead landscape plantings, the remaining deposit shall be released by motion or resolution of the Village Board subject to payment for amounts expended or to be expended to correct defects or replace said landscape plantings, and payment of fees or amounts expended subsequent to release of the guarantee provided in subsection D4 above.
6. Final acceptance, by resolution of the Village Board, of the land improvements which have been designated by the Village Board for acceptance, and acknowledgment, by motion or resolution of the Village Board, of completion of the land improvements which have not been designated for acceptance. (Ord. 91-21, 8-6-1991)
Notes
| 1 | 1. 770 ILCS 60/0.01 et seq. |