The purpose of these regulations on the subdivision process is:

(1)

To provide for orderly growth and development.

(2)

To afford adequate facilities for the safe and efficient movement of traffic.

(3)

To safeguard against flood damage.

(4)

To guide and time the sequence of future growth and development in accordance with the comprehensive plan and in accordance with the financial ability of the village to provide essential off-site public services and capital improvements.

(5)

To prescribe rules and regulations governing the subdivision and platting of land, the preparation of plats, the location, width and course of streets and highways, and the installation of utilities, street pavements and other essential improvements.

(6)

To establish procedures for the submission, consideration, approval and recording of plats.

(7)

To provide the means for enforcement and nature of penalties for violation.

(Ord. No. 08-50, § 2(exh. A(5.1)), 8-12-2008)

(a)

No person, firm or corporation shall divide, further divide or otherwise alter the boundaries of any lot or parcel of land within the village and any unincorporated territory not more than 1½ miles beyond the corporate limits and not included in any other municipality, except in compliance with the provisions of these regulations. In the event of overlapping jurisdiction with other municipalities within 1½ miles of the corporate limits of the village, the extent of the jurisdiction of the village shall be as determined and agreed upon between the municipalities or as provided by statute.

(b)

The following persons, individuals, partnerships, LLCs, corporations, firms, etc., shall be required to comply with these, regulations, except as otherwise determined by the village board:

(1)

Anyone desiring the subdivision or resubdivision of land.

(2)

Anyone desiring the development of property as noted in this subsection (b), pursuant to an annexation.

(3)

Any project designated by the village board.

(Ord. No. 08-50, § 2(exh. A(5.2)), 8-12-2008)

All lots created by subdivision shall conform to the requirements of this chapter in force at the time the subdivision is made, including the requirements of article XII of this chapter, off-site development standards, and shall be consistent with the density and the existing pattern of development in the district. All lots created by subdivision shall also conform to all applicable requirements of this chapter.

(Ord. No. 08-50, § 2(exh. A(5.3)), 8-12-2008)

(a)

Any person desiring to subdivide or develop land subject to this chapter shall file a concept plan (section 82-127) of the subdivision or development with the zoning administrator before filing a preliminary plat. Within 30 days of submittal the concept plan, the zoning administrator shall review the concept plan and place the plan on the agenda of the next regular zoning board of appeals/plan commission meeting.

(b)

The zoning board of appeals/plan commission, in reviewing the concept plan, shall discuss the proposed plan and any requirements the village may want to have incorporated into a preliminary plat and plan with the developer; provided, however, that the village and zoning board of appeals/plan commission shall not in anyway be subsequently prejudiced from making any future recommendations or decisions on account of their review and comment on the concept plan.

(c)

Upon submittal of a preliminary plat (section 82-128), the zoning administrator shall transmit copies of the preliminary plat, and any supplementary material, for review and comment to the village planner, engineer, and any other applicable village and nonvillage departments and officials as determined by the zoning administrator. Comments and recommendations shall be returned to the zoning administrator within 30 days. The zoning administrator shall promptly consolidate all comments and recommendations and forward them to the zoning board of appeals/plan commission who shall review all the plans and documentation required for preliminary plat approval in accordance with the procedures of this section and chapter.

(d)

The zoning board of appeals/plan commission shall approve or disapprove the preliminary plat within 90 days of the date of filing the application or the filing by the applicant of the last item of required supporting documents, whichever date is later, unless such time is extended by mutual consent in writing. Approval of a preliminary plat by the zoning board of appeals/plan commission is tentative and advisory only, involving only the general acceptability of the layout and proposals as submitted.

(e)

Following action by the zoning board of appeals/plan commission, the preliminary plat and the zoning board of appeals/plan commission recommendation shall be referred to the village board. If the zoning board of appeals/plan commission approved the plat, it shall be so noted on the plat; if it disapproves such plat, it shall furnish to the village board and the applicant a written statement setting forth the reasons for denial. The village board shall approve or deny the preliminary plat within 45 days after its regular stated meeting following the action of the zoning board of appeals/plan commission.

(f)

Approval of the preliminary plat shall be valid for a maximum period of one year, unless upon application of the applicant, the village board grants an extension for an additional one year. The application for an extension shall not require an additional filing fee, or the submittal of additional copies of the plan of subdivision.

(g)

The applicant shall file an application for approval of a final plat with the zoning administrator within one year after preliminary plat approval. The final plat shall conform substantially to the approved preliminary plat and, if desired by the applicant, it may constitute only that portion of the approved preliminary plat which he proposes to record and develop at that time; provided, however, that such portion conforms to all requirements of these regulations.

(h)

Upon receipt of the final plat, section 82-129, the zoning administrator shall refer copies of the plan and all supporting documents to the village planner, engineer and any other applicable village and non-village departments and officials that should be consulted prior to approval. All comments and recommendations shall be returned to the zoning board of appeals/plan commission within 30 days. When applicable, the zoning board may require the subdivider to submit written statements from county, state or other public officials as may be concerned, indicating that proposals for storm drainage, sewerage disposal and water supply meet the minimum requirements for such installation and all necessary permits from these agencies have been obtained.

(i)

Within 30 days of receipt of comments and recommendations, the applicant shall be notified in writing of those items not in compliance with this chapter. Upon re-submittal by the applicant of the modified final plat, the village shall provide a second review letter on or before 30 days after receipt of the modified plans. In the event further modification is required, the village shall reply to the applicant within 30 days of receipt of the resubmitted modified plans.

(j)

The zoning board of appeals/plan commission shall approve or deny the application for final plat within 60 days from the date of filing the application or the filing by the applicant of the last item of required supporting documents, whichever date is later, unless such time is extended by mutual consent. If the zoning board of appeals/plan commission approves, it shall fix upon the plat the certifying signatures of its chairperson. If it denies, it shall set forth its reasons in its own records and provide the applicant a copy.

(k)

After approval or denial of the final plat by the zoning board of appeals/plan commission, it shall be submitted to the village board for approval. The village board must take action on the final plat within 60 days, unless this time period is extended by mutual consent of the applicant and the village board.

(l)

Upon approval by the village board, the village shall, within 90 days thereafter, record or verify the recording of the final plat with the county recorder at the applicant's expense. If not recorded within this time, the approvals shall be null and void. The developer shall furnish the zoning administrator with five additional copies, one to be retained by the zoning administrator and the others to be distributed to the director of public works.

(Ord. No. 08-50, § 2(exh. A(5.4)), 8-12-2008)

Documents submitted as part of a subdivision application shall conform to the following standards:

(1)

Documents shall be presented in customary sizes.

(2)

Plats and plans shall be standard size sheets (approximately 24 inches by 36 inches) unless otherwise approved by the zoning administrator.

(3)

Documents, plats and plans that consist of more than one sheet shall be bound at the top or left side. Bound sheets shall have a margin of 1½ inches to two inches on the bound side.

(4)

Information conveyed by radio or telephone or otherwise verbally shall not be considered binding unless documentation corroborating such communication is also provided. The intent of this provision is to encourage the conveyance of important information by documentation so each transaction is as clear and unambiguous as possible.

(5)

Documents conveyed through the use of facsimile transceivers or e-mail are to be considered as binding provided that the party sought to be charged with the binding promise or commitment has executed the document. Legal documents involving the village shall all be original signature documents.

(6)

Plats and plans shall be drawn in the state plane coordinate system North American Vertical Datum of 1988 (NAVD 88).

(Ord. No. 08-50, § 2(exh. A(5.5)), 8-12-2008)

(a)

The purpose of the concept plan is to identify the proposed project location, ownership or authority to develop, type and scope of the project, and any potential problems with construction in the area of the project. This information will determine the proposed project feasibility.

(b)

Twenty copies of the concept plan application shall be submitted to the zoning administrator at least 30 working days proceeding the day of the zoning board of appeals/plan commission meeting. The following shall be submitted as part of the concept plan:

(1)

The applicant shall provide evidence of ownership or evidence of approval of the owner to develop the proposed project site. If the ownership is in a trust, the applicant shall provide the name of the trustee, the name of the trust beneficiary and the trust number. The applicant must also state the interest the applicant has in the property.

(2)

The applicant shall provide a map showing the location of the proposed project site as well as nearby transportation routes and other significant features. The location map shall include a north arrow, title, scale and date.

(3)

The applicant shall provide drawings or sketches showing the proposed layout of streets, lots and site improvements in relation to the existing features, showing the following:

a.

Boundary lines of the site with dimensions.

b.

Proposed lots, building setback lines, building locations and separations, and pedestrian considerations, with the approximate size of each lot shown in square feet and in acres.

c.

Proposed street layout, off-street parking, loading spaces, fire lanes and exterior street improvements such as turning lanes.

d.

Proposed open spaces, school sites, park sites, and private recreation facilities.

e.

Proposed drainage and stormwater detention/retention locations.

f.

Alternate designs or layouts with sufficient detail to make the alternatives understandable.

g.

Existing and proposed zoning districts within and immediately adjacent to the proposed site.

(4)

The following information shall be provided on the plan maps or other documents submitted:

a.

Total acreage of site.

b.

Proposed land use by acreage and percent of total.

c.

Proposed gross, net residential density for residential portions of the proposed project.

d.

Proposed floor area ratio and land coverage expressed in percent for nonresidential portions of the proposed project.

(c)

The zoning board of appeals/plan commission's shall provide the applicant with oral suggestions, comments and recommendations, answer questions, address problem areas and consider the following in their review:

(1)

The general feasibility of the proposal.

(2)

The applicable statutes, administrative rules and regulations, and local ordinances and land use plans.

(3)

The existing facilities and conditions.

(4)

Staff and other department's comments.

(Ord. No. 08-50, § 2(exh. A(5.6)), 8-12-2008)

(a)

Purpose. The purpose of the preliminary plat and related documentation is to analyze and establish planning and design solutions for the proposed project. In this stage, other agencies will be provided with the opportunity to comment on the project.

(b)

Submission of plat and engineering plan. The applicant shall submit to the zoning administrator 20 copies the preliminary plat and preliminary engineering improvement plan. The preliminary plat shall show all land owned, optioned, or proposed to be developed by the applicant. Such plat and plan shall show and give the following information:

(1)

Preliminary plat.

a.

The length and bearing of external boundaries, including such curve data as radius, chord length and bearing, of the proposed subdivision, the total acreage contained therein, along with a legal description of the property to be subdivided.

b.

The name of the proposed subdivision, the name, address and phone of the subdivider and record owner or owners, and the name of the surveyor who prepared the plat.

c.

The location of existing municipal boundaries at or near the subdivision.

d.

The subdivision of lands within and immediately adjoining for a distance of 150 feet from the boundary of the proposed subdivision and the names, location and dimensions of all existing public streets, railways, watercourses or other such public or private easements and rights-of-way within the adjoining lands and proposed subdivision.

e.

The existing and proposed zoning district classification under the village or the Cook and Will Counties zoning ordinance for adjoining lands and the land to be subdivided.

f.

The names, location, dimensions, widths, bearings, curve data within the proposed subdivision of all proposed streets, alleys, construction routes, easements, parks, playgrounds, and other open spaces proposed to be dedicated to the public use.

g.

The blocks and/or lots into which the project is proposed to be subdivided, all dimensions thereof including but not limited to:

1.

Width of each lot at the front line, length and location of building setback line, length of side lot lines, all lots consecutively numbered within consecutively numbered blocks;

2.

The purpose of each lot not dedicated to residential use; area of lots in square feet.

h.

All preliminary plats shall be at a scale not less than 100 feet to one inch and shall be complete with north arrow, date of preparation, and any other information or data that the village may require for full and complete consideration of the proposed preliminary plat for the subdivision.

(2)

Preliminary engineering plan.

a.

The length and bearing of external boundaries, including such curve data as radius, chord length and bearing, of the proposed subdivision, and the total acreage contained therein;

b.

The name of the proposed subdivision; the name, address and phone number of the subdivider, developer, and the name of the engineer who prepared the plan;

c.

The character of lands within and immediately adjoining for a distance of 150 feet from the proposed subdivision boundaries, showing the subdivision thereof, if subdivided, and the location and dimensions of existing public streets, alleys, sanitary and storm sewers, culverts and drain tile, water supply mains, gas and/or petroleum pipelines, underground electrical and telephone lines, bridges, watercourses with flood levels indicated, railways, buildings, permanent historical features, park and school sites, public utility easements or other dedicated properties, if any, identified as "existing" on the plan and shown in such a manner as to be differentiated from proposed improvements;

d.

Existing ground contours at vertical intervals of not more than one-foot intervals based on the United States Geological Survey Datum (contours of two foot intervals shall be allowed only when and if unusual topographic features limit plan clarity); environmental or distinguishing natural features, wetlands, trees of six inches or more in diameter measured two feet above the ground with common tree names; existing buildings and present use, bodies of water, with the elevation, if any, shown in such a manner as to be differentiated from proposed easements; and shall not be more than one year old at the time of submittal;

e.

The existing and proposed zoning district classification under the village or Cook and Will Counties zoning ordinances for adjoining lands and the land to be subdivided;

f.

The names, locations, widths, and other general dimensions of proposed streets, alleys, easements, parks, playgrounds, school sites, and other open spaces proposed to be dedicated to the public use;

g.

The blocks and lots into which the project is proposed to be subdivided, with dimensions, the numbering of all lots, the purpose and area in acreage of all lots not dedicated for residential use;

h.

A general description of the type, kind, character, extent and location of all proposed improvements as proposed to be constructed or installed along with sufficient detail as may be required to convey the general basis of design for sanitary and storm sewer, water, lighting and other improvements, both on-site and off-site, for the development of the subdivision according to this article;

i.

A general description of the type, character, extent and location of all stormwater runoff control facilities, including a summary of stormwater control data, critical spot elevations normal and high water levels of all detention ponds, and location and elevation of all detention pond discharges;

j.

Typical street cross sections showing curbs, pavement width, sidewalks, bike paths width of right-of-way, street name and classification, and general description of proposed street grades and drainage facilities;

k.

The locations and elevations of all proposed berms and the elevations of all proposed and existing buildings' top of foundations around the entire site perimeter;

l.

All preliminary plans shall be at a scale not less than 100 feet to the inch (one inch equals 100 feet) and shall be complete with north arrow, legend, and any other information or data that the village engineer or planning commission may require for full and complete consideration of the proposed preliminary plan for the subdivision;

m.

Typical street cross sections showing curbs, pavement widths, sidewalks, bike paths, widths of rights-of-way, street names and classifications, and a general description of proposed street grades and drainage facilities;

n.

The locations and elevations of all proposed berms and the elevations of all proposed and existing buildings' top of foundations around the entire site perimeter;

o.

All preliminary plans shall be at a scale not less than 100 feet to one inch and shall be complete with north arrow, date of preparation and any other information or data that the village may require for full and complete consideration of the proposed preliminary plan for the subdivision;

p.

A location map at a scale of not less than one inch equals 2,000 feet showing the relationship of the subdivision to its surroundings within one-half-mile including section lines, primary and collector roads;

q.

Proposed phasing of the development of the proposed subdivision, if any, and the corresponding phasing of any land all improvements thereof;

r.

A preliminary landscaping plan.

(3)

Supporting documents.

a.

Summary of all restrictions intended to be imposed by the final plat or by deeds of conveyance as to the use of all property within the subdivision, including area of buildings for residential use, if any;

b.

Watershed maps such as USGS or CMAP hydrologic atlases, all applicable floodplain information such as the flood insurance rate map (FIRM) and Flood Insurance Study published by the Federal Emergency Management Agency, on-site wetland areas including National Wetland Inventory Map, or any other pertinent watershed information;

c.

Review and report by the applicable Soil and Water Conservation District;

d.

Soils report, which is to be used in the bearing capacity design for foundations, sewers, pavement subgrades and for environmental concerns, with a minimum or representative soil borings as follows:

1.

For parcels 50 acres and larger: one boring per five acres;

2.

For parcels smaller that 50 acres: a minimum of ten borings, but only one boring per vacant lot;

e.

Preliminary design calculations and drawings for stormwater runoff and control facilities;

f.

Traffic study prepared by a qualified independent professional or professional firm, for all proposed commercial and industrial development and for all residential developments of more than 100 units;

g.

An aerial map showing the parcel to be subdivided or developed. The map shall include a scale and show a year in which the photograph was taken;

h.

Existing or proposed annexation agreement which pertains to the parcel;

i.

Estimated cost of the development;

j.

Estimated construction and development schedule;

k.

Proposed building types.

(Ord. No. 08-50, § 2(exh. A(5.7)), 8-12-2008)

(a)

Purpose. The purpose of the final plat and documentation is to accurately show how the improvements will be constructed in order to conform to the layout and design objectives of the preliminary plat and plan. Where conditions so warrant, the village may require that portions of improvement plans be submitted during the preliminary plat review process in order to determine the land's suitability for the preliminary plat design. Any required off-site improvements and engineering studies shall be provided and paid for by the applicant upon request. Where the subdivision is to be developed in phases, and where soil and/or topographical conditions so warrant, the village may require that improvement plans for the entire preliminary plan area be submitted prior to the construction of improvements.

(b)

Submission of plat and engineering plans. The applicant shall submit to the zoning administrator 20 copies of the final plat and eight copies of the final engineering plan. Such plat and plan shall show and give the following information:

(1)

Final plat.

a.

The name or names of the owners of the property and the name of the subdivision.

b.

The name, seal and signature of the registered land surveyor who prepared the plat and date thereof.

c.

The legal description of the property to be subdivided.

d.

The boundary of the plat based on accurate traverse, with angular and linear dimensions.

e.

Location of all permanent monuments, north arrow, scale.

f.

All other measurements, dimensions, data, and certificates required by the Illinois Plat Act.

g.

The name, purpose and exact width of all easements and rights-of-way, including streets and alleys.

h.

The dimensions of all lots, setback dimensions and area of all lots in square feet.

i.

All lots numbered as in the preliminary plat and the purpose of all nonresidential lots.

j.

The number of degrees, minutes and seconds of all lot angles other than 90 degrees, except that when the lines in any tier of lots are parallel, it shall be sufficient to mark only the outer lot. When any angle is between a curve and its tangent, the angle shown shall be that between the tangent and the main chord of the curve. When between curves of different radii, the angle between the main chords shall be shown.

k.

When a street is on a circular curve, the main chord of the centerline shall be drawn as a dotted line in its proper place and, either on it or, preferably, in an adjoining table, shall be noted its bearing and length, the radius of the circle of which the curve is a part, and the central angle subtended. The lot lines on the street sides may be shown in the same manner, or by bearings or angles of distances. When a circular curve of 30-foot radius or less is used to round off the intersection between two straight lines, it shall be tangent to both straight lines. It shall be sufficient to show on the plat the radius of the curve and the tangent distances from the points of curvature to the point of intersection of the straight line.

l.

Street addresses assigned to each lot by the village.

m.

Required certifications easement provisions.

n.

For tract or tracts of land dedicated for park, playground, or other public use, if such tract or tracts are not located within the corporate limits of the village, the certificate of dedication shall provide that the future official act of annexation of such tract or tracts to the village shall constitute a transfer of the title to such tract or tracts to the village for such public use.

o.

All final plats shall be at a scale of not less than one inch equals 100 feet.

(2)

Final engineering plan.

a.

Title sheet.

b.

Project specifications (may be separately bound) and general construction notes.

c.

Geometric plan. (See article XIV, submittal requirements.)

d.

Grading plan, which includes the street paving plan, all storm sewer lines and structures, stormwater retention/detention facilities, erosion control measures, floodplain and wetland protection measures. (See article XIV of this chapter, submittal requirements.)

e.

Master and detailed utility plan, which shows all storm sewers, sump pump drain lines, sanitary sewers and services, water main and services and any other public utility lines with appurtenant structures. (See article XIV of this chapter, submittal requirements.)

f.

Lighting plans shall include the layout for lighting standards and underground conduits for off-street parking lighting and/or public street lighting systems. (See article XIV of this chapter, submittal requirements.)

g.

Street plan and profiles. (See article XIV of this chapter, submittal requirements.)

h.

Construction details. (See article XIV of this chapter, submittal requirements.)

i.

Sanitary and storm sewer profiles. (See article XIV of this chapter, submittal requirements.)

j.

Landscape plan. (See article XIV of this chapter, submittal requirements.)

k.

Soil erosion and sedimentation plan and stormwater pollution prevention plan. (See article XIV of this chapter, submittal requirements.)

l.

The sections of the engineering plan shall include the following:

1.

Each plan sheet shall include the following information:

(i)

A title block that includes the project name, sheet title (geometric, grading, etc.), sheet number, date of preparation and latest revision date.

(ii)

North arrow and scales.

(iii)

Additional general plan notes and legend as may be required.

(iv)

Structures information for each structure shown on that sheet.

2.

The title sheet shall include the following information:

(i)

Subdivision name and unit number or phase number.

(ii)

Location map.

(iii)

Seal, signature, address, and phone number of the registered professional engineer who prepared the plans and the person or firm that prepared the topographic surveys in addition to the date when the topographic survey was completed.

(iv)

Applicant's name, address and phone number.

(v)

Index of sheets.

(vi)

A minimum of two permanent benchmarks, including elevation, location and datum.

(vii)

Dates of preparation and any revisions.

(viii)

Standard legend.

(ix)

Drainage certificate signed by the applicant or his attorney, and by his engineer.

(x)

A note requiring that the director of public works and village engineer bo notified a minimum of 48 hours prior to beginning or resuming work.

(3)

Supporting documents.

a.

A detailed statement by the subdivider setting forth the nature, kind, character, and extent of all improvements that will be constructed within the subdivision, together with complete plans, profiles, and specifications clearly describing the same, with agreement to construct same in accordance therewith.

b.

A statement by a professional engineer registered in the state giving a detailed estimate of the total cost of construction for all proposed improvements.

c.

Any and all documents as may be required by the village to ensure that the dedication of all required rights of way and the granting of all required easements has or will be established.

d.

Any covenants or other documents which place certain restrictions on the use and development of the property and is intended to be recorded with the final plat.

e.

Five completed copies of all permit application forms (IEPA, IDOT, IDNR, MWRD, etc.) required for construction of the proposed improvements.

f.

Proof of compliance with all applicable impact fee ordinances and all other ordinances.

g.

Final studies, reports, drawings, and calculations for all proposed stormwater sewers, drain lines, culverts, retention or detention storage basins, flood routing, and any other site stormwater management facilities.

h.

Architectural elevations for building types.

i.

An existing drain tile survey must be submitted to the village for review and must be incorporated into the development plans.

(Ord. No. 08-50, § 2(exh. A(5.8)), 8-12-2008)

(a)

The date of completion of all planting and related work shall be included on the landscape plan.

(b)

Landscaping shall be installed and completed prior to the issuance of a certificate of occupancy for the related structure, weather permitting. In periods of adverse weather conditions, an irrevocable letter of credit must be submitted for the completion of the necessary landscaping, with the letter of credit to be equal to 125 percent of the cost of landscaping to be completed. A cost for landscaping not completed at the time of issuance of a certificate of occupancy for the related structure shall be presented to the zoning administrator for approval. Letters of credit shall not be released until all planting and finish materials shown on the approved landscape plan are installed and accepted.

(c)

For each lot, the applicant shall grade and sod the parkway, front yards and side yards up to the rear of the proposed dwelling, and shall apply seed and erosion control blanket in the rear yard between the rear lot line and the rear of the proposed dwelling. If desired, the applicant may sod the rear yard between the rear lot line and the rear of the proposed dwelling in lieu of applying seed and erosion control blanket in that area.

(Ord. No. 08-50, § 2(exh. A(5.9)), 8-12-2008)

Upon finding that there are alternate feasible means of fulfilling the purpose and spirit of the regulations to protect the public health, safety and welfare, the village engineer may recommend and the village board may approve variances to and modifications from the regulations of the development standards.

(Ord. No. 08-50, § 2(exh. A(5.10)), 8-12-2008)

(a)

No building permit shall be issued for the construction of any building, structure or improvement to land or any lot within a subdivision which has been approved for platting until all requirements of this chapter and development standards have been fully complied with, or stipulated to by written agreement between the village and the subdivider.

(b)

No construction of any building or structure shall occur until all the public infrastructure improvements have been substantially completed in accordance with the final plat of subdivision, subdivision engineering plans and supporting documentation as approved by the village board.

(Ord. No. 08-50, § 2(exh. A(5.11)), 8-12-2008)

(a)

To defray the professional fees, including but not limited to engineering and legal fees, incurred by the village associated with plan review, inspection and approval of the development and in executing inspection responsibilities, the applicant shall be required to submit funds to the village according to the following schedule:

(1)

Developments between zero to ten acres in land area: $3,000.00.

(2)

Developments between 11 to 99 acres in land area: $8,000.00.

(3)

Developments greater than 100 acres in land area: $10,000.00.

(b)

The required amount shall be paid to the village at the time of submittal of the preliminary plat. The village shall deposit said funds into a segregated account and the disbursement of such funds shall be controlled by the village and used to defray its professional fees as described in this section.

(c)

If, during the course of plan review, inspection and approval of the development by the village's professionals, the balance of the account falls below an amount that equals 25 percent of the amount originally deposited in accordance with the schedule described in this section, the applicant shall be required to replenish the account to the full amount required of the original deposit in accordance with the schedule set forth in this section within 15 days after receiving written notice to do so from the village. Notice shall be deemed given as of the date that a written notice requesting an additional amount is deposited by certified U.S. mail addressed to the applicant. If the applicant fails to make such additional deposits within 15 days after receiving said written notice, all work performed by the village's staff and professional consultants with respect to the plan review, inspection and approval of the development will cease until such deposits are made.

(d)

The village shall maintain copies of all professional invoices paid from the account and of all records showing disbursements from the account made to pay those invoices, and shall provide copies of said invoices and records to the applicant upon written request.

(e)

Any balance remaining in the account at the conclusion of the village staff's involvement with the development, providing all disbursements have been made, shall be returned to the applicant with 15 days after final approval of the completed development by the village and is professionals.

(f)

However, notwithstanding anything herein to the contrary, no final board of trustee approval shall be granted until all of the aforesaid costs have been paid.

(Ord. No. 08-50, § 2(exh. A(5.12)), 8-12-2008)

The final plat shall not be approved unless and until the applicant has guaranteed the completion of all required improvements within a reasonable period and in compliance with working drawings and specifications. This guarantee shall be by one or a combination of one or more of three methods.

(1)

The applicant must post an irrevocable letter of credit prepared in a form approved by the village attorney and underwritten by a surety company approved by the village board. The amount of the letter of credit shall be not less than 125 percent of the final approved estimate of cost of the improvements, as estimated by the applicant's engineer and approved by the village engineer. There shall be no reduction in the amount of that portion of the letter of credit applying to a particular improvement unless and until the improvement is complete and accepted or approved by the village board. The subgrade, base course and surface course of a street, alley or parking area shall be considered as a single improvement from the standpoint of acceptance.

(2)

In lieu of the letter of credit described in subsection (a) of this section, the applicant may deposit a cash bond with the village in accordance with a specific escrow agreement approved by the village attorney and village engineer in an amount not less than 125 percent of the final approved estimate of cost of the improvements, as estimated by the applicant's engineer and approved by the village engineer. The deposit shall be held in a special account by the village and the agreement may provide for partial payouts as work progresses in amounts approved by the village engineer as corresponding to the original estimate of unit costs. Partial payouts shall be contingent upon favorable inspection reports and the sum of partial payouts for a single improvement shall not exceed 75 percent of the original deposit for the improvement unless and until the improvement is complete and accepted or approved by the village board. The sub-grade, base course and surface course of a street, alley or parking area shall be considered as a single improvement from the standpoint of acceptance.

(3)

Upon specific permission of the village board, as recommended by the zoning board of appeals/plan commission, the applicant may elect to complete one or more improvements prior to approval of the final plat. Where the applicant elects to guarantee completion of an improvement by this method, approval of the final plat shall be contingent upon certification by the village engineer that the improvement has been completed in accordance with drawings and specifications and that the inspection reports are favorable.

(Ord. No. 08-50, § 2(exh. A(5.13)), 8-12-2008)

(a)

General considerations.

(1)

The subdivider shall be represented by the subdivision design engineer to interpret the plans and specifications, make design changes and prepare record drawings.

(2)

The village engineer shall perform the duties of resident project representative and conduct periodic observations of the public improvements, witness the tests of the public improvements, review and recommend action relative to construction guarantee, advise the village of potential problems, conduct semifinal and final inspections of the improvements. Upon completion of the public improvements and receipt of the record drawings, the village engineer shall update the village atlas maps. The subdivider shall reimburse the village for all services and costs of the engineer for the village incurred by the village.

(b)

Preconstruction meeting. After a general contractor has been engaged, but before construction shall begin, the developer shall convene a preconstruction meeting. Representatives of the general contractor and the village must attend. Representatives of other public or quasi-public agencies shall be invited by the village engineer and may attend at their option. The objective of the meeting is to review the scope of the project, establish review/inspection points, coordinate schedules and identify key concerns.

(c)

Insurance certificates.

(1)

The developer shall, prior to commencing construction work, file with both the village and the village engineer, certificates of insurance showing coverage of all insurance required, signed by the insurance companies or their authorized agents. The certificate of insurance shall cover their employees, the village and the village engineer, and including their respective officers, directors, employees, agents and other consultants, with rated companies, in amounts as noted in subsection (c)(2) of this section. Insurance covering the village and the village engineer, as "additional insured" parties, shall not be modified by riders that reduce the protection provided the village and the village engineers to less than that afforded the applicant and his employees.

(2)

The developer shall provide and maintain comprehensive general liability insurance which will protect the village, the village engineer and each of their officers, employees, agents and consultants from claims which may arise out of or result from the performance of work by anyone directly or indirectly employed by the contractor or subcontractor, or by anyone for whose acts the contractor may be liable. Comprehensive general liability insurance and automobile liability insurance shall provide coverage in the amount of $1,000,000.00 per accident for property damage and $1,000,000.00 per person and $3,000,000.00 umbrella liability aggregate, per accident for bodily injury, sickness of disease, or death of any person and provide workmen's compensation insurance at a minimum of $100,000.00.

(3)

The policies of insurance so required by this subsection to be purchased and maintained shall be furnished by insurers with A.M. Best Company rating of at least A- (excellent), and a financial category of IX or greater.

(4)

With respect to comprehensive general liability insurance, the insurance shall remain in effect at least until final payment and at all times thereafter when the developer may be correcting, removing or replacing defective work in accordance with the requirements of this chapter. Thirty-day written notice to each additional insured is required prior to cancellation of policy.

(d)

Notification. The developer or the contractor shall notify the director of public works and the village engineer at least 48 hours before construction is to begin, excluding Saturdays, Sundays and holidays. This provision shall apply also to the resumption of construction after a break of three or more working days and to the temporary suspending of construction, except for holidays. Significant changes in the construction schedule shall be reported to the director of public works and village engineer.

(e)

Periodic progress meetings. Additional progress meetings may be convened by the village as deemed necessary. Periodic progress meetings shall be scheduled as part of the preconstruction meeting.

(f)

Inspection, compliance and correction notice procedures.

(1)

During the course of construction, the village engineer shall provide construction observation of the work in order to ensure compliance with the approved plans and specifications, and good engineering and construction practices. Inspection of the sanitary sewer, storm drainage and water systems shall conform with the village standards. Final inspection of all other applicable portions of the project shall be conducted by the village.

(2)

Upon notification of noncompliance, the developer shall immediately suspend work on that portion of the development identified by the inspector as noncompliant with the terms of this ordinance or the approved plans and specifications, and shall correct all noncompliant work within 48 hours, or such other time period as by the inspector or village engineer, and expressed in writing.

(g)

Oversizing and recapture of municipal utilities.

(1)

In any subdivision or development of land within the jurisdiction of the village, where the planning documents for the village (i.e., comprehensive plan and utility master plan) direct the design and construction of a certain size of utility appurtenance, including but not limited to transmission and collection lines, lift stations, stormwater conveyance and water storage tanks in order to provide adequate utilities to the development or subdivision and parcels adjacent thereto, the village engineer shall inform applicant, developer or subdivider by written notice of the increased capacity required in order to serve the development or subdivision.

(2)

A utility appurtenance shall be deemed oversized if it is greater in size than required by ordinance specifications and to serve the requirements of the development site or subdivision.

(3)

Upon being furnished notice as set forth in this chapter, no applicant, developer or subdivider shall design nor install any utility appurtenance other than as provided in the notice by the village engineer.

(4)

At such time as the installation of the utility appurtenances are completed in accordance with the approved plans and specifications and the notice provided herein, and after approval and inspection by the village engineer, then the village may enter into a written agreement to allow the applicant, developer or subdivider to recover or recapture the difference in costs based upon actual prices at the time of installation by comparison to the utility appurtenances that were originally planned and deemed sufficient by the village engineer to serve the development or subdivision. The written agreement may be in the form of a recapture agreement, cash payments, rebates of fees or some other consideration as approved by the corporate authorities for the village.

(h)

Term for completion of improvements. All subdivision improvements shall be completed within two years of final plat/plan approval by the village board or within an alternative timetable approved, in writing, by the village board.

(i)

Inspection and construction review.

(1)

The village engineer shall inspect public improvements during the course of construction. All professional staff fees and costs connected with the inspection and acceptance of such improvements shall be paid by the applicant.

(2)

The applicant shall file at least 48 hours' written notification to the village engineer prior to the performance of any of the following:

a.

The construction of any roadway or street.

b.

The surfacing of any roadway or street.

c.

The installation of any curb or curb and gutter.

d.

The grading or backfilling of any open trench or excavation in which any utility facilities, including but not limited to water lines, sewer lines, perimeter drain tiles or connection to existing drain tiles and storm lines have been installed.

e.

The construction of any sidewalk.

f.

The installation of any facilities within the public right-of-way.

(3)

Within the 48-hour notice period, the village engineer may conduct onsite inspection to determine that the proposed work complies with the engineering drawings. If, in the opinion of the village engineer, the proposed work does not comply with such final drawings, the village engineer shall notify village officials who have the authority to order that all such proposed work shall be terminated until such time as necessary steps are taken to correct such defects or deficiencies. Upon the correction of such deficiencies, the applicant shall again notify the village engineer.

(j)

Protection of existing improvements. The subdivider, his contractors and his suppliers shall be responsible that existing improvements and property of the village are not damaged or rendered less useful or unsightly by the operations of the subdivider, his contractors and his suppliers. This provision is intended to include, but is not limited to:

(1)

Damage or nuisance with respect to the land, improvements or landscaping of the village;

(2)

Damage to existing streets, sidewalks, curb and gutter, or parkways by passage thereover of equipment or trucks or by excavation, for any purpose;

(3)

The spillage or tracking of earth, sand, rock or other material onto existing streets, sidewalks, curb and gutter, or parkways or into catchbasins;

(4)

Damage to water mains, sanitary sewers, culverts or storm sewers.

To reduce or localize the possibility of damage to streets by heavy trucking, the village engineer shall instruct the subdivider as to the streets to be used for access to the subdivision by the equipment and trucks, and the subdivider shall be responsible for the enforcement of this instruction upon his contractors and their suppliers. The subdivider shall make provisions to prevent washing of earth or sand onto sidewalks, streets, curb and gutter, and into catchbasins by stormwater. Where deemed advisable, the village engineer shall have power to require that the subdivider post a surety to guarantee repair of damages or abatement of nuisance. Where need for surety becomes apparent after construction is in process, the village engineer shall have the power to order construction discontinued until surety has been posted. Expenses incurred by the village in repairing damages, cleaning streets, catchbasins and sewers shall be deducted from the surety.

(k)

Maintenance of required utilities prior to village acceptance. Prior to village acceptance, all utilities including, but not limited to, sanitary and storm sewers, water mains and appurtenances, streets and street lights, shall be maintained in good repair and working order so that they function as intended in a safe and effective manner without threat to health and safety.

(l)

Transmittal of notice of acceptance. Once all items of the final punch list letter have been addressed and corrected to the satisfaction of the village engineer and other village officials, the village engineer shall submit an approval letter to the village board which may then accept the project improvements by appropriate corporate motion. Upon approval by the village board, a designated village official shall transmit notice of acceptance to the developer.

(m)

Maintenance guarantee. Upon acceptance of the public improvements, the applicant shall furnish to the village may require a maintenance guarantee equivalent to 15 percent of the total cost of the public improvements. The maintenance guarantee shall be in effect for a two-year period from the date of acceptance of the public improvements. Such guarantee shall be presented in one of the following forms:

(1)

Irrevocable letter of credit for the benefit of the village.

(2)

Cash escrow deposit for the benefit of the village.

(3)

Such other financial assurance acceptable to the village or the village attorney.

(n)

Record drawings.

(1)

During construction, an accurate record of all construction work performed shall be kept by the contractors. Upon completion and prior to acceptance by the village of the completed public improvements, the developer shall prepare and submit to the village "record drawings" showing complete "as constructed" information for all improvements.

(2)

The record drawings shall be prepared and sealed by a registered professional engineer and shall contain thereon a certification that all improvements have been constructed in accordance with the approved final engineering plans or with approved changes thereon.

(3)

The record drawings furnished to the village by the developer shall be drawn in state plan coordinates system NAVD 83 and shall consist of one set of reproducible Mylar drawings, two sets of prints or copies and an electronic version as approved by the village. Record drawings shall be received prior to the issuance of any building permits or release of the construction guarantee.

(Ord. No. 08-50, § 2(exh. A(5.14)), 8-12-2008)