(A) A property owner, hereinafter sometimes referred to as “licensee” with the approval of the village, shall be entitled to construct public improvements, sanitary sewer, and roadway extensions benefiting not only the property owner making application but other property owners benefited by said construction, and said property owner shall be entitled to recapture that portion expended for the benefit of other property owners provided an agreement is executed between the village and the property owner which includes provisions covering the following items:
(1) Date of commencement and date of completion.
(2) Legal descriptions of the properties benefited specifying which have and have not contributed to the costs.
(3) Detailed engineered plans and specifications showing the exact locations of mains and/or extensions.
(4) Construction shall be in accordance with plans and specifications approved by the Village Engineer and subject to his inspection.
(5) The completed construction shall be deeded to the village upon completion of the work.
(6) Licensee shall be responsible for all repairs and maintenance for one year following the completion of the extension and bear the costs of the same during said period.
(7) Licensee shall file with the Village Clerk suitable evidence that the village is protected by surety bond or by suitable liability insurance against all claims for personal injuries and property damage.
(8) Provisions for disposition of amounts recaptured.
(9) Application for recapture must be on file with the Village Clerk within one year after acceptance of public improvements.
(10) All recapture ordinances must be renewed every five years after initial date of acceptance.
(B) Recapture for all public improvements shall be in accordance with current fee schedule.
(C) All funds collected by the village for the benefited properties shall be promptly paid to the licensees up to the amount to be reimbursed. Additional funds collected shall accrue to the Sewer and Water (or General) Fund.
(D) The front footage is determined by the width of the side of the lot, as recorded, which the house faces. In no event is this section to be construed as obligating the village to construct public improvements in areas not now served where the public improvements recaptured herein above will not adequately reimburse the village of the cost of such construction.
(E) Additional charges; payment.
(1) The sums herein provided to be paid as sanitary sewer property charges, sanitary sewage tap-on fees, water property charges, water tap-on fees, and stub-in fees shall be in addition to and exclusive of all other charges required for connection with public sewer/water mains and fixed by ordinance.
(2) All fees and charges described above shall be paid in full prior to the issuance of any permits and prior to making connection to any sewer/water mains. All fees and charges shall be paid to the "Village of Winthrop Harbor".
(F) The property owner who has previously paid in full the front footage charge for public improvements, shall be allowed a footage credit up to, but not to exceed 135 feet for public improvements when constructed on the second side of his property.
(1) This credit shall be calculated on a footage basis rather than a monetary value as public improvements frontage rates change from time to time. Further, frontage credit allowed on the second side of property shall not exceed the number of feet paid for under the first improvement.
(2) In the event of subsequent subdivision, the credit shall only apply to the new corner lot. Undeveloped non-corner lots created by such subdivision shall be charged, in full, the front footage charge for public improvements.
(3) Credit will only be given for exactly the same improvement.
(4) This section shall in no way be construed to eliminate all property charges on the second side of a corner lot where improvements are made.
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(5) In no event is this section to be construed as obligating the village to construct new improvements in areas not now served.
(G) The Village Clerk shall keep full and complete records with regard to such properties, and the credit allowed to such.
(Ord. 1995-0-25, passed 12-26-95; Am. Ord. 2002-O-49, passed 12-3-02)