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:
(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.)
