HomeMy WebLinkAboutORDINANCE - 1431 - 1/13/1981 - SUBDIVISIONS AMENDEDORDINANCE 110. 1431
AN ORDINANCE AMENDING CHAPTER VIII, SUB-
DIVISIONS OF THE MUNICIPAL CODE OF THE
VILLAGE OF ELK GROVE VILLAGE BY PROVIDING
FOR PERFORMANCE GUARANTEES/LETTERS OF
CREDIT AND PROVIDING FOR A TIME OF COMPLE-
TION FOR CERTAIN PUBLIC IMPROVEMENTS
BE IT ORDAINED, by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and
DuPage, Illinois, as follows:
Section 1: That Subparagraph b., g., h., and i., of
paragraph B-3. of Section 8.007, Subdivision Procedures of
the Municipal Code are hereby amended to read as follows:
b. The Village Manager will forward one copy of the
final plat, application/general information, to
the Village Clerk and all operating departments.
Preliminary engineering and supporting documents
shall be sent to the Village Engineer.
g. The Village Board shall:
1. Approve the plat of subdivision and authorize
the Village President and Village Clerk to sign
the plat for and in the name of the Village and
cause same to be recorded in the Office of the County
Recorder by the Village Clerk and thereafter filed
in the Office of the Village Clerk, or
2. Deny the request for subdividing land and
direct the Village Manager to so advise the Petitioner.
h. If the Village Board has approved the plat of sub-
division and caused same to be recorded, the Village
Manager may authorize construction to begin upon
approval of the final engineering plans by the Village
Engineer, receipt of the irrevocable letter of credit
or guarantee as required by Section 8.015 hereof, and
receipt of the Plan Review and Construction inspection
fees.
i. Reserved.
Section 2: That Chapter VIII, Subdivisions of the Municipal
Code of the Village of Elk Grove Village be and the same is
hereby amended by renumbering and adding thereto the following:
8.015 Performance Guarantee/Letter of Credit. Subsequent
to the time that the plat of subdivision is approved by the
Village, but prior to the construction of public improvements, the
developer must provide the Village with an irrevocable letter or
credit or an irrevocable letter of guarantee from a banking
or savings and loan institution organized to do business in the
State of Illinois, which letter of credit or guarantee shall be
;ywyu.,S-ay,�.vw. r:.<.;!'c,'_ r.nr.:C.r:.�Y,a3rL:.a,...ia-cw::•:r:,;«n+r.:...X:,. ;ci+` ..-.^'.eK_hw`�
in an amount equal to One Hundred Ten (110%) percent of the
estimated costs of all public improvements required by this
Chapter as approved by the Village Engineer. Said letter of
credit or guarantee shall set forth the expected date of completion
of said public improvements and thereafter provide for the
Village to draw on said letter if such improvements are not
timely completed and approved by the Village Engineer. The
Village will permit the amount in any letter of credit or
guarantee to be reduced from time to time provided:
1. The Village Engineer has approved those improvements
that are completed and for which a reduction is being requested;
and
2. The remaining amount of the letter of credit is suffi-
cient to cover the cost of completing the public improvements
not yet completed or approved plus an amount equal to ten (10%)
percent of the completed improvements, which latter amount shall
be for the purpose of interim maintenance of approved improve-
ments until such time as all work is approved and accepted by
the Village and a permanent two (2) year maintenance bond or
other approved security is submitted to the Village.
8.016 Time for Completion of Certain Public Improvements.
Notwithstanding the expected completion date for all public
improvements set forth above, the Village Engineer may require
that certain of those improvements be completed prior to said
date, which in his opinion, same are necessary for the health,
safety and welfare of the occupants of the recently subdivided
area still under construction.
In making such a determination, the Village Engineer
shall take into consideration the following:
1. The number of buildings or residences completed, either
in the development as a whole or on a block by block basis.
2. The amount of construction remaining in the subdivision.
3. The amount of street traffic and the need of the
residents and/or occupants for a safe means of pedestrian traffic.
- 2 -
r
4. The adequacy of the street improvement in terms of
safe vehicular traffic including municipal emergency vehicles
and snow plowing equipment.
5. Such other factors and conditions which the Village
Engineer deems pertinent and relevant in requiring any such
improvements to be completed.
In such cases, the Village Engineer shall notify the
developer of his decision that certain improvements must be
completed and allow the developer a sufficient time period
(not less than thirty (30) days) to complete same. If such
improvements are not completed within the designated time
period, the Engineer shall cause a stop work order to be issued
for all construction then in progress and conduct an immediate
hearing thereby affording the developer an opportunity to
show cause why such improvements were not timely completed.
8.017 Penalty. Any person, firm, or corporation
violating any provisions of this Chapter shall be fined not
less than Twenty -Five ($25.00) Dollars nor more than Five
Hundred ($500.00) Dollars for each offense, and a separate
offense shall be deemed committed on each day during or on
which a violation occurs or continues.
In addition to any penalty as above set forth, the
Village may proceed by injunction in any appropriate branch
of the Circuit Court to enjoin the continuation of any
construction undertaken in violation of a stop work order or
a directive of the Village Engineer.
Section 3: That this Ordinance shall be in full force and
effect from and after its Passage, approval and publication
according to law.
VOTES: AYES: 6
NAYS: 0
ABSENT: 0
APPROVED:
ATTEST: Charles J. Zettek
Ilafern Snick Village President
Acting Village Clerk
PASSED this 13th day of January 1981.
APPROVED this 13th day of January 1981.
PUBLISHED in the Elk Gr Daily Herald
this st ay of Ja, ry 1981.
3 -