After adoption of a resolution approving a final
subdivision plat, and before the plat is endorsed by the approval
authority, the applicant shall be required to complete, at his expense
and without reimbursement by the Village or any special district,
all street and other improvements as shown on the approved construction
plans or otherwise specified in the resolution or, as an alternative,
file with the Village Clerk a bond in an amount fixed by the approval
authority in its resolution as sufficient to secure to the Village
the satisfactory construction, installation and completion of the
required improvements. The current License and Fee Schedule is on
file in the Village Clerk's office. Such bond shall state the period
within which the required improvements must be completed. Such period
shall be that specified in the resolution of the approval authority
and shall not exceed three years unless the term of the bond is extended
by the approval authority with the consent of the parties thereto.
All improvements shall be completed to the satisfaction of the approval
authority, in accordance with the approved construction plans and
the requirements of these regulations and the Village Construction
Standards and Specifications.
A. Failure to complete improvements.
(1) Where a bond is not filed. If all required improvements
are not completed within the period specified in the approval authority
resolution of approval, such approval shall be deemed to have expired,
unless, upon request of the applicant, the period has been extended
by resolution of the approval authority.
(2) Where a bond is filed. If all required improvements
are not completed within the term specified by the approval authority
and set forth in the filed bond and if no application for the extension
of such period and bond has been made by the applicant and approved
by the approval authority, the approval authority may thereupon declare
said bond to be in default and collect the sum remaining payable thereunder,
and, upon receipt of the proceeds thereof, the Village shall install
such improvements as are covered by the bond and are commensurate
with the extent of the building development that has taken place in
the subdivision but not exceeding, in cost, the amount of such proceeds.
B. Modification of bond.
(1) Extension of period specified in bond. The time period
specified for the completion of all required improvements, as set
forth in the bond, may be extended only by resolution of the approval
authority upon request by the applicant setting forth, in detail,
the amount of work which has been completed, reasons for failure to
complete the remainder of the work within the specified period, the
maximum estimated time required to complete the remainder of the work
and the extension which is requested. A modification of the bond documents
shall be subject to the approval of the approval authority.
(2) Reduction of bond. An applicant may request, in writing,
that the approval authority authorize a reduction in the amount of
the bond. Such request shall itemize the extent of required improvements
already completed, the estimated cost of improvements remaining to
be completed, and the reduction requested. The approval authority
may, if it determines that sufficient required improvements have been
installed to warrant such action, reduce the face amount of the bond
by an appropriate amount so that the new amount will cover the cost
in full of all required improvements remaining to be completed, and
any security deposited with the bond may be reduced proportionately.
C. Modification of requirements. If, at any time, either
before or during the course of construction of the required improvements,
it is determined by the approval authority that unforeseen conditions
make it necessary to modify the location or design of any improvements,
the approval authority may modify the terms and conditions of the
approval so as to require such change as may be necessary to comply
with the spirit and intent of the approval authority's original approval
and to conform to accepted engineering practices. If such modification
affects the scope of work covered by a bond, the approval authority
may require or allow appropriate modification of such bond.
The approval authority may waive, subject to
appropriate conditions, the provision of any or all such improvements
and requirements as, in its judgment of the special circumstances
of a particular plat, are not requisite in the interest of the public
health, safety and general welfare or which, in its judgment, are
inappropriate because of inadequacy or lack of connecting facilities
adjacent or in proximity to the subdivision.
A certificate of occupancy shall not be issued
for a structure within a subdivision where the improvements are guaranteed
by a performance bond unless it is determined by the approval authority
that both of the following conditions have been complied with:
A. Status of street improvements. The improvement of
the street or streets giving access to the structure has progressed
to a stage deemed adequate by the approval authority to render safe
all-weather vehicular access for both routine and emergency purposes.
B. Maintenance agreements. Written agreements have been filed providing for the maintenance of the bonded street or streets in such all-weather passable condition, including snow removal and sanding, during the period between the issuance of the certificate of occupancy and the acceptance of the fully completed street by the approval authority. (NOTE: If the street is not to be offered for dedication to the Village, such an agreement will have been required in accordance with §
219-16D of these regulations).
The subdivider shall submit a copy of the full
scale Tax Map(s) on which the location and layout of the proposed
subdivision or resubdivision, including all lots, streets, parks,
playgrounds, open spaces and easements, have been clearly shown to
scale as part of the subdivision process.