After adoption of a resolution approving a final subdivision plat and before the plat is endorsed by the Planning Commission Chairman or other duly authorized member, the applicant shall be required to complete, at his or her 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 Board of Trustees a bond in an amount fixed by the Planning Commission in its resolution as sufficient to secure to the village the satisfactory construction, installation and completion of the required improvements. Such bond shall state the period within which the required improvements must be completed, which period shall be that specified in the Planning Commission resolution. All improvements shall be completed to the satisfaction of the Planning Commission, 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 Planning Commission 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 Planning Commission.
(2) 
Where a bond is filed. If all required improvements are not completed within the term specified by the Planning Commission 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 Planning Commission, the Village Board of Trustees 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 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 Planning Commission 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 time period extension which is requested.
(2) 
Reduction of bond. An applicant may request, in writing, that the Planning Commission 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 amount of bond reduction requested. Then, upon approval of the Village Board of Trustees, and after due notice and public hearing, the Planning Commission 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 Planning Commission that unforeseen conditions make it necessary to modify the location or design of any improvements, the Commission may modify the terms and conditions of the approval so as to require such changes as may be necessary to comply with the spirit and intent of the Commission's original approval and to conform to accepted engineering practices. If such modification affects the scope of work covered by a bond, the Commission may require or allow appropriate modification of such bond.
The Superintendent of Public Works or his or her designee shall be responsible for inspecting required improvements during construction to ensure their satisfactory completion and, upon such completion, shall furnish the Planning Commission with a statement to that effect. If the Superintendent of Public Works determines that any of the required improvements have not been constructed in accordance with the approved plan, the applicant shall be responsible for properly completing said improvements. Failure of the Superintendent of Public Works to carry out inspections of required improvements during construction shall not in any way relieve the applicant or the bonding company of their responsibilities related to the proper construction of such improvements.
A. 
Inspection of stages of construction.
(1) 
To facilitate inspection of required improvements during construction, the applicant shall notify the Superintendent of Public Works or his or her designee at least three working days before reaching each of the following stages of construction:
(a) 
Rough grading completed.
(b) 
Drainage and other underground facilities installed, but prior to backfilling.
(c) 
After gravel base is spread and compacted.
(d) 
When each paved course is being applied.
(e) 
After completion of all improvements.
(2) 
The applicant shall not proceed to work on any stage subsequent to the first stage until the work of the previous stage has been inspected and approved by the Superintendent of Public Works or his or her designee. In the case of any other improvements, the Superintendent of Public Works or his or her designee shall inspect the work at such progressive stages as he or she shall specify, and he or she shall certify to the Planning Commission that the work was inspected by him or her and was in accordance with the approved plans and specifications.
B. 
Certificate of construction. At such time as the applicant has completed construction of all required improvements, he or she shall furnish to the Superintendent of Public Works three copies of as-built plans and profiles which show the actual location of all paved streets, culverts, headwalls, drains, manholes, catch basins, sidewalks, curbs, utility lines and equipment, monuments, street signs, street trees and all other required improvements, as constructed, and all other pertinent information, such as cross sections of the streets at intervals determined by the Superintendent of Public Works, the culvert and drain grades, sewer grades, sidewalk and curb grades and invert elevations at manholes. Such plans and profiles shall bear a dated certification by a professional engineer or licensed surveyor to the effect that the data shown thereon was accurately determined by field survey. If the location or accuracy of improvements does not, in the opinion of the Planning Commission, fully comply with the approved construction plans and specifications, the Planning Commission shall have the right to refuse to sign the final plat or release the bond until such situation is corrected.
C. 
Inspection fee. To offset the costs incurred by the village in conducting inspections, all applicants for approval of submissions involving the construction of streets and/or other improvements shall be required to submit an inspection fee as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.
[Amended 5-23-1994 by L.L. No. 12-1994]
A. 
Offers of cession. All streets, parks and easements shall be indicated on the plat. In accordance with § 7-732 of the Village Law, the applicant may add as part of the plat a notation, if he or she so desires, to the effect that no offer of dedication of such streets or parks or any of them is made to the public. All offers of cession to the public of all streets and parks not so marked shall be filed with the Planning Commission at the time of submission of the final application.
B. 
Petition for dedication. Upon completion of the subdivision and the road(s), a petition in the form required by the Village Board of Trustees shall be filed with such Board for the acceptance of parks or any other reservations or easements.
C. 
Acceptance by village. Acceptance of any offer of cession of streets or parks shall rest with the Village Board of Trustees. In the event that the applicant shall elect not to file the plat in the office of the County Clerk within the period prescribed for such filing, then such formal offer of cession shall be deemed void. The approval by the Planning Commission of a subdivision plat shall not be deemed to constitute nor imply the acceptance by the village of any streets, parks or other areas shown on said plat and the Planning Commission may require the addition of appropriate notes to this effect on the plat.
D. 
Maintenance. In the event that no offer of cession to the public is made for the streets, parks and required easements shown on the plat, there shall be submitted with the final application copies of agreements or other documents providing for the suitable maintenance of such facilities and a statement of all rights which exist with respect to each of them. The adequacy of such documents shall be subject to Planning Commission approval.
The Planning Commission 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 Planning Commission 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 Planning Commission 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 Village Board of Trustees. (If the street is not to be offered for dedication to the village, such an agreement will have been required in accordance with § 159-16D of these regulations.)