§ 155.075 BOND; RESPONSIBILITY FOR COSTS.
   (A)   Performance bonds.
      (1)   The secondary plat shall not be submitted to the Plan Commission for approval until the following has been undertaken and accomplished:
         (a)   A performance bond for the town is executed by the subdivider and approved by the Town Council. The performance bond shall be 100% of the estimated costs of all infrastructure improvements, excluding sanitary lift stations, which will be handled pursuant to division (A)(8) below, which this chapter requires and which are shown on the approved plans and specifications plus a 10% inflation add-on figure of the performance bond which this chapter requires. The amount of the bond shall be fixed by the Town Engineer based on costs which are current in the trades for like items of construction and installation. All bonds shall be issued by a company licensed to do business in this state. Performance bonds shall be for an initial period of two years, with an option for successive renewal periods of not less than one year. The initial performance bond shall specify that all improvements shall be installed within a period of two years;
         (b)   Cash, or other acceptable negotiable securities to the benefit of the Town Council, as approved and/or accepted, is posted with the Clerk-Treasurer in lieu of a performance bond; or
         (c)   A combination of the above two alternatives may be utilized, provided that all improvements are covered in the guarantees.
      (2)   Additionally, the performance bond shall insure that all snow removal and other required maintenance of infrastructure improvements as required by the then-existing ordinances of the town shall be rendered and completed prior to any release of the bond.
      (3)   Prior to release of any performance bond and the establishment of a maintenance bond all improvements are to be complete, determined to be in acceptable condition (i.e. all roads repaired, sidewalks fixed, erosion in place, sewers cleaned, curbs repaired, and the like) and the subdivider shall provide the town with "as-built plans", which are to be approved by the Town Engineering Consultant.
      (4)   Performance bonds may be partially released or extended in the sole discretion of the Town Council based upon the recommendation of the Plan Commission and the Town Engineer for good cause shown. No performance bond shall be released to a value below 30% of the total estimated costs of all improvements determined in division (A)(1)(a) herein. Any partial release or extension of a performance bond shall permit the Town Council in its sole discretion to adjust the amount of the bond or remaining bond based upon then current costs together with the inflation factor referred to in division (A)(1)(a). A request for a partial release of performance bond may be made no more frequently than two times per calendar year.
      (5)   Prior to release or reduction of any performance bond or issuance of any building permits, the developer shall cause to install all infrastructure improvements including: storm sewer utilities, sanitary sewer utilities, water utilities, gas utilities, electric utilities, cable utilities and telephone utilities, and all appurtenances and services to the right-of-way lines associated with these utilities, pavement sub-base, pavement underdrain, geotextile, curb and gutter, and asphalt base. Prior to release or reduction of any performance bond or issuance of any building permit, the developer shall cause to have completed all grading items including detention basins, overland flow paths, swales, ditches, lot grading, and rear yard grading. An established stand of grass and or sod shall be established for all areas within and adjacent to detention basins, overland flow paths, swales, ditches, and rear yard swales, and all other areas must have temporary vegetation established prior to the release of any performance bond or building permit.
      (6)   No building permits will be issued in a subdivision with delinquent performance or maintenance bonds.
      (7)   Prior to release or reduction of any performance or maintenance bond, all outstanding engineering or other fees or fines due the town shall be paid in full.
      (8)   In a subdivision requiring sanitary sewer lift stations, the subdivider shall post a separate performance bond for these improvements. Said performance bonds shall be determined and approved in all other aspects, as outlined by divisions (A)(1) through (7) above, except that a performance bond for a sanitary sewer lift station shall not be reduced during the term of said bond. During the term of any sanitary sewer lift station performance bond, the subdivider must follow the provisions of Town Code §§ 155.094 et seq., including the minimum standards sewage pumping stations, originally established by adopted Town Enabling Ordinance. During the term of any sanitary sewer lift station performance bond, including when the lift station becomes operational prior to acceptance, the subdivider shall, at the subdivider's expense, maintain the lift station. The subdivider shall retain and employ a contractor to perform maintenance that has been approved by the Town of Winfield Sewer Board and the subdivider or its maintenance company shall provide monthly maintenance reports to the Sewer Board. Prior to the release or reduction of any performance bond, the subdivider and/or developer may seek to hand over the operation and maintenance of the sanitary sewer collection and lift station facilities to the town once those infrastructure improvements are fully installed, as determined by the town, and the town completes the successful testing of all facilities; the testing shall be at the town's discretion for approval. The transfer of the infrastructure improvements approved will require the subdivider and/or developer to provide to the town a three year maintenance bond covering the collection system and lift station; such bond shall be in the amount of 100% of lift station infrastructure and components.
   (B)   Maintenance bonds.
      (1)   A maintenance bond shall be effective for three years or until 70% of the platted lots have been improved, whichever is greater, and run to the Town Council in a form and content acceptable to the town. Maintenance bonds must be accepted by the Town Council prior to or concurrent with the acceptance of streets and other infrastructure improvements. The amount of the maintenance bond shall be 15% of the estimated cost of the infrastructure improvements, except for sanitary sewer infrastructure improvements as identified herein, and for water main improvements. The amount shall be set by the Town Engineering Consultant based upon the amount set for the performance bond as set forth in Section (A)(1)(a) above. At the end of the effective period, in the event that all of the accepted improvements are determined to be in satisfactory condition, the maintenance bond shall be released by the Town Council. No subdivider, builder, or developer may have a performance bond and maintenance bond concurrently on a development or phase of a development.
      (2)   Maintenance bonds may be partially released or extended in the sole discretion of the Town Council based upon the recommendation of the Plan Commission and the Town Engineering Consultant for good cause shown. Any partial release or extension of a maintenance bond may permit the Town Council to adjust the amount of the bond or remaining bond based upon the formula provided in division (B)(1) above. A request for a partial release of a maintenance bond may be made no more frequently than two times per calendar year.
      (3)   A separate maintenance bond shall be posted for all sanitary sewer lift stations, in a manner and form outlined in division (B)(1) above, except that the amount of said maintenance bond shall be in the amount of 100% of the estimated cost of the sanitary sewer lift station structural and mechanical improvements, but not including such site preparation costs as earthwork or excavation. During the term of any sanitary sewer lift station maintenance bond, the subdivider must, at the subdivider's expense, maintain the lift station. The subdivider shall retain and employ a contractor to perform maintenance that has been approved by the Winfield Sewer Board and the subdivider or its maintenance company shall provide monthly maintenance reports to the Winfield Sewer Board.
   (C)   Temporary improvements. The applicant shall build and pay for all costs of temporary public improvements required by the Commission and shall maintain same for the duration of the performance bonds. The performance bonds for the subdivision shall include coverage of temporary improvements.
   (D)   Cost of public improvements. All required public improvements shall be made by the subdivider, at his or her expense without reimbursement by the town, unless sharing of expenses is agreed upon by the town.
   (E)   Failure to complete public improvements. In those cases where the required public improvements have not been installed within the terms of the performance bond, the Council may declare the bond to be in default and cause all public improvements to be installed according to primary approval and engineering plan approval regardless of the extent of the building development at the time the bond is declared to be in default.
   (F)    In the event that a subdivision development is presented to the town in multiple phases, the town reserves the right to reevaluate the adequacy of the capacities of sanitary sewer infrastructure improvements at each phase of the development. Any expenses the town determines necessary to the sewage infrastructure to accommodate future expansion shall be borne by the developer.
(Ord. 27, §§ 4.10.10 - 4.10.50, passed 4-16-1997; Am. Ord. 46, passed 4-15-1998; Am. Ord. 97, passed 12-18-2001; Am. Ord. 172, passed 6-17-2008; Am. Ord. 41I, passed 2-15-2010; Am. Ord. 27A, passed 7-23-2013)