§ 16.24.020. Completion, maintenance and acceptance of improvements.

A.

Construction and Installation of Improvements.

1.

No construction of on and/or off site water, sanitary sewer, street, or other public improvements shall occur until the final plat is approved by the village board and recorded by the Lake County recorder of deeds.

2.

The subdivider shall build and pay for all costs of temporary improvements required by the village board and shall maintain the same for the period specified. Prior to construction of any temporary facility or improvements, the subdivider shall file with the village a separate suitable letter of credit, or cash, or other securities for the temporary facilities which shall insure that the facilities are properly constructed, maintained, and removed.

3.

Posting of a Letter of Credit, Cash, or Other Securities.

a.

The village, at the time of final plat recording, shall require the subdivider to post a letter of credit, cash, or other securities in an amount estimated by the village engineer to be equal to one hundred twenty-five (125) percent of the cost of construction of both on site and off site public improvements.

b.

The depositing of any letter of credit, cash, or other securities shall comply with all title requirements and all applicable state and federal statutes. The letter of credit, cash, or other securities shall be satisfactory to the village attorney as to form, sufficiency, and manner of execution.

c.

All required public improvements shall be completed within two years from the date the final plat is recorded. The completion date shall be incorporated into the agreement depositing the cash or other securities with the village. Upon proof of difficulty, the village board may grant an extension of the completion date for a maximum period of one year.

4.

The amount of the letter of credit, cash, or other securities may be reduced upon successful completion of the improvements. The village engineer must inspect the public improvements and recommend any reduction.

5.

A letter of credit may be reduced, and cash and other securities released in part upon completion of public improvements. At no time prior to final acceptance of the project shall the amount of the letter of credit, cash or other securities be reduced to an amount which is less than one hundred twenty-five (125) percent of the estimated cost to complete the remaining public improvements, plus twenty-five (25) percent of the actual cost of the completed public improvements, all as approved by the village engineer. In no event shall the amount of a letter of credit or cash and other securities be reduced to an amount below twenty-five (25) percent of the initial principal amount of the letter of credit, cash or other security, unless approved by the village board.

6.

No subdivider shall fail to pay any contractor or subcontractor for work performed such that a lien arises upon the public funds of the village. If any such lien is perfected, the village in its discretion may draw upon the subdivider's letter of credit, cash or other security posted in accordance with this title to pay any such lien.

B.

Inspection of Improvements and Preparation of As-Built Plans.

1.

Inspection by Village Engineer. The village engineer will inspect all public improvements during construction in conformance with this title. The subdivider shall pay all such inspection fees and charges as established by ordinance. Before any work in the subdivision is started, an escrow deposit in an amount determined by the village shall be made with the village for those payments.

2.

Corrections at Subdivider's Expense. If the village engineer finds, upon inspection, that any of the required improvements have not been constructed and installed in accordance with the standards and specifications of the village and in conformance with the approved final engineering drawings, the subdivider shall be responsible for completing and correcting the required improvements before the same shall be accepted by the village. The corrections and/or completions shall be performed within thirty (30) days of the date of inspection. This date can be extended upon approval by the village engineer.

3.

Preparation of As-Built Plans. As-built plans showing the location, size and invert elevations of all valves, manholes, stubs, sewer and water mains, and other improvements shall be prepared at the end of construction and submitted to the village engineer for review. The village engineer will review the as-built plans and compare them with the approved final engineering drawings. If in the opinion of the village engineer there are unacceptable differences in the two drawings, the subdivider shall correct those differences. The approval of these as-built plans will occur before acceptance of the improvements and release of any letter of credit, cash, or other securities. The approved set of plans or a reproducible copy thereof shall become the property of the village.

C.

Dedication and Acceptance of Improvements.

1.

All improvements to be constructed and installed as required herein, as specified in the final engineering drawings, or as required by the village board shall be dedicated to the village, unless the village board specifically authorizes otherwise. Such improvements shall include, but are not limited to, water mains, storm sewers, signs or other public improvements, located in the public right-of-way or other specific easements.

2.

An improvement shall not be deemed completed until: (a) the improvement has been tested, inspected and approved (including copies of all television sewer tapes), in writing, by the village engineer in accordance with the provisions of this title; (b) landscaping of the improvement has been approved by the village planner; (c) the village has received and approved as-built record drawings for the public improvement showing that the improvement, as installed meets or exceeds all specifications and requirements for the improvement; (d) the village has received any warranty deeds, affidavits of title, easements or bills of sale that may be required; (e) the property upon which the improvement is made is free and clear of any liens and encumbrances; (f) the subdivider provides to the village a sworn statement executed by the contractor completing the improvement identifying the names and addresses of all entities providing materials, labor or equipment for the public improvement and showing that all entities providing materials, labor or equipment have been fully paid as well as final waivers of lien from each contractor or subcontractor or other entity providing any equipment, material or labor for the construction of the public improvement; (g) the subdivider has provided the village with a commitment for title insurance from Chicago Title Insurance Company or such other company accepted by the village in an amount acceptable to the village, showing the village as the owner of any property or easement which is to be transferred to or granted to the village; (h) the subdivider has satisfied all federal, state, county and village requirements; (i) the subdivider is in compliance with the other terms and conditions of this title; and (j) the village has received the maintenance bond required by this title. If all of the requirements for completion of a public improvement have been met, and all reimbursable fees have been paid in full to the village as set forth herein and the subdivider is in compliance with this title, its final plat, engineering plans and its development agreement, if any, approval and acceptance of the public improvement shall be made by resolution of the village board. The village's acceptance of a public improvement shall not be effective until the village board has formally approved and accepted the improvement and issued written approval of the same to the subdivider based upon the recommendation of the village engineer and the village planner.

3.

The street and its appurtenances may be completed upon eighty (80) percent of the total units being occupied in a subdivision with the approval of the village engineer. Upon completion and approval by the village engineer, the subdivider may deposit with the village a sum determined by the village in an amount equal to twenty-five (25) percent of the value of the street system work. This deposit will relieve the subdivider of any further maintenance responsibility, including the three-year guarantee which would otherwise be required.

4.

Title to the improvements required to be dedicated to the village shall be transferred by bill of sale, with proof of ownership in the grantor and evidence that said improvements are free and clear of any and all liens and encumbrances, and shall be in a form acceptable to the village attorney, and shall also include lien waivers from all subcontractors and material men.

5.

A single improvement shall not be accepted in part. An improvement shall be complete throughout the Subdivision as indicated on the final engineering plans.

6.

Acceptance of an improvement shall constitute a release of the applicable portion of the posted construction guarantee for satisfactory completion of the improvement.

D.

Maintenance of Improvements.

1.

Maintenance of Nonaccepted Improvements at Subdivider's Expense. The subdivider shall maintain and repair all required improvements including snow and ice removal on streets and sidewalks, if necessary, until acceptance of the improvements by the village board. If any necessary maintenance and repairs are not made to the required improvements in a timely fashion by the subdivider, the village may, on twelve (12) hours' notice to the subdivider, effect such repairs or maintenance, and shall charge the costs of the same to the subdivider.

The subdivider shall maintain the streets and roadways in a safe passable condition. The village may effect such ice or snow removal in less than the twelve (12) hours if, in the opinion of the public works supervisor or such other appropriate official of the village, that the streets are unsafe for emergency vehicles. The cost of same shall be charged to the subdivider.

Any such repair or maintenance costs or snow and ice removal costs may be charged to the subdivider's letter of credit, cash or other security.

2.

Filing of Maintenance Retention or Guarantee.

a.

Upon completion of the improvements, the subdivider shall notify the village in writing and request an inspection of the completed improvements. The subdivider shall file a maintenance letter of credit, cash or other security with the village prior to the dedication of the improvements, in an amount considered adequate by the village engineer and in a form satisfactory to the village attorney, but in no event shall the amount be less than ten (10) percent of the cost of the completed improvements, in order to assure the satisfactory condition of the required improvements for a period of two years after the date of their acceptance by the village board. This amount shall be posted with the village after the improvements have been inspected by the village and found to be complete, but before acceptance by the village board.

b.

The subdivider shall remain responsible for repairing all defects of workmanship and materials in the public improvements for a period of two years commencing from the date of village acceptance of the public improvements. The guarantee of completion and maintenance shall recognize the possibility of maintenance costs and the terms of the guarantee shall provide for reimbursement to the village for any maintenance expenses incurred by the village in performing any such work to the extent the subdivider fills to perform such work after due notice.

c.

The final release of the original letter of credit, cash or other security, less any costs of repairs covering a subdivision's improvement work held for the two-year guarantee period will be predicated upon an inspection of all improvements including a leak detection test of the subdivision's water main segments, and a videotape recording of a television inspection at all sanitary sewer mains conducted within sixty (60) days of the expiration of the two year guarantee period.

This test will be performed by an approved qualified leak detection specialist. The test results will be forwarded to the village engineer for final determination of an acceptable level of leakage. The village engineer will then, based on the test results, recommend the final release of the remaining letter of credit sum still being held for the water main and sanitary sewer main guarantees.

E.

Cost of Improvements to the Village. Required Improvements at Subdivider's Expense. All costs related to the construction and installation of the required improvements shall be borne by the subdivider, and the improvements shall be dedicated to the village without charge.

(Ord. 00-6-2 § 802)

( Ord. No. 16-1-215 , § 12, 1-26-16)