[Adopted 4-17-1956 by Ord. No. 466]
[Amended 2-19-2013 by Ord. No. 6898-A]
The following rules and regulations, together with applicable existing ordinances and such others as may hereafter be adopted, shall govern the extension of City water mains and sewers within the City limits of Crystal Lake, Illinois.
[Amended 2-19-2013 by Ord. No. 6898-A; 5-17-2016 by Ord. No. 7223]
A. 
Any property owner, hereinafter referred to as "applicant," desiring an extension of the City water or sewer main or other conveyance to his/her property shall submit to the City a detailed plan showing the location of the extensions to the property. The applicant shall state in said request that he/she agrees to pay the cost of the extension, unless otherwise provided by § 241-46 of the City Code. Such request shall be subject to the approval of the City Engineer, or his/her designee.
B. 
Upon approval of the request, the applicant shall submit to the City a surety for 120% of the estimated amount of the cost chargeable to him/her for the extension. The surety may be a letter of credit, bond, cash deposit, as may be designated by the City, or other security approved by the City, in a format approved by the City (hereinafter, "performance security"). Upon completion of any portion of such improvements, a reduction to the performance security may be requested and the City may grant a reduction at its sole discretion. If, at any time, the City determines that the funds remaining in the performance security are not sufficient to pay in full the remaining unpaid costs of such improvements, within 30 days of written notice the performance security shall be increased to an amount determined by the City to be sufficient to pay in full the remaining costs of such improvements. Failure to increase the amount of the performance security shall be grounds to draw down the entire remaining balance of the performance security. Any performance security submitted to the City in the form of a bond shall be issued by an insurance company that has a current rating of A++, A+, or A as rated by A.M. Best rating company. Any performance security must be issued by a business licensed to do business in the State of Illinois and redeemable in the State of Illinois.
C. 
A bond, letter of credit, cash deposit, as may be designated by the City, or other security approved by the City, in a form approved by the City (hereinafter, "maintenance security"), in the amount not less than 5% of the approved engineer's estimate of cost of the installation of such improvements, providing guarantee of workmanship and materials for a period of two years from the final inspection and acceptance of such improvements, shall be submitted. If, at any time, the City determines that the funds remaining in the maintenance security are not sufficient to pay for correcting defects and deficiencies of such improvements, within 30 days of written notice, the maintenance security shall be increased to an amount determined by the City to be sufficient to pay for correcting defects and deficiencies of such improvements. Failure to increase the amount of the maintenance security shall be grounds to draw down the entire remaining balance of the maintenance security. Any maintenance security submitted to the City in the form of a bond shall be issued by an insurance company that has a current rating of A++, A+, or A as rated by A.M. Best rating company. Any maintenance security must be issued by a business licensed to do business in the State of Illinois and redeemable in the State of Illinois.
A. 
Water main extension. The applicant will be required to pay the cost of the water main extension of a size suitable for his/her needs, but in no event shall the size be smaller than an eight-inch main unless approved by the City Engineer and Chief of Fire Rescue.
[Amended 2-20-2007 by Ord. No. 6161; 5-17-2016 by Ord. No. 7223]
B. 
Sewers. The applicant will be required to pay the entire cost of the sewer extension, including necessary manholes.
[Amended 2-19-2013 by Ord. No. 6898-A]
The City must review and approve all engineering, construction methods and installation of any extension of water or sewer main or other conveyance.
[Amended 2-20-2007 by Ord. No. 6161; 2-19-2013 by Ord. No. 6898-A]
The applicant will have the right to prorate his/her cost of any water or sewer main or other conveyance extension over the entire front footage of other properties to be served by the extension(s). Such proration right will be evidenced by a recapture agreement, not to exceed 20 years in length, to that effect between the applicant and the City and the associated ordinances that must be approved by the City Council. The agreement shall set forth:
A. 
The proportionate share amounts of the benefiting properties, to be calculated by a fair and equitable benefit methodology approved by the City Engineer. Final contract documents must be furnished to the City to determine unit costs for the improvement.
B. 
The legal description of all property which will at any time in the future be serviced by the extension.
C. 
That the owners of any property benefiting from said extension desiring a tap in the extension shall pay to the City for the account of the original applicant the pro rata cost of the extension servicing the particular property.
D. 
That in order to place property owners fronting along the extension on notice of the right of the applicant to collect the pro rata cost of the extension plus interest, this agreement shall provide that a copy be recorded in the McHenry County Recorder's office and shall affect only those properties set forth therein.
E. 
That said agreement shall also provide that the Director of Finance of the City of Crystal Lake shall have the authority to give releases to the property owners affected by the agreement.
[Amended 2-19-2013 by Ord. No. 6898-A]
The applicant shall pay the costs of recording the agreement and ordinances, and the property owner who desires to tap in an the extension shall pay the recording costs of the release.
[Added 5-15-1956; amended 2-19-2013 by Ord. No. 6898-A]
Hereafter, any person, firm or corporation desiring to make sewer and/or water extensions of existing City of Crystal Lake sewer and/or water lines shall carry said extensions to a point opposite the farthest property line of the person, firm or corporation making said extension. In some cases, a looping water main may be required, per the direction of the City Engineer.
[Added 5-15-1956; amended 3-3-2009 by Ord. No. 6448]
Any person, firm or corporation violating the provisions of this article shall be fined as set forth in Chapter 248, Fines, for each offense, and each day said offense continues shall be considered a separate offense.
[Added 10-1-1957; amended 2-19-2013 by Ord. No. 6898-A]
The rules and regulations governing the recapture of amounts from the extension of City water mains and sewers within the City limits of Crystal Lake, Illinois, as set forth in this article, shall apply only to properties located within the corporate limits of the City or subject to an annexation agreement providing for annexation to the City.