§ 43-55. Arrangements for improvements prerequisite.
(a)
The final plat shall be approved by the planning and development committee, signed by the mayor and attested by the city clerk before the plat is recorded, and such approval shall not be given until the subdivider has complied with the following requirements:
(1)
The subdivider shall submit an engineering plan to the city engineer for approval. After approval and prior to the commencement of public improvement construction, the subdivider shall hold a preconstruction meeting with the city engineer or his/her representative. The purpose of the above said preconstruction meeting is to review inspection procedures and documentation to ensure plan and specification implementation. Inspections will be required at any time that underground utilities, curb and gutter or asphalt are being installed or subgrade is being covered with fabric. The subdivider is required to identify the subcontractors to be used and the anticipated time schedule. The subdivider shall pay to the city a one time inspection fee pursuant to section 43-11 above.
(2)
A subdivider may commence construction of the public improvements before submittal of the final plat, provided that prior thereto, the subdivider submits plans, estimates and specifications for all public improvements for approval by the city engineer and all other appropriate authorities, including, but not limited to, the Aurora Sanitary District, the township highway commissioners and the state environmental protection agency. Once approval is obtained as stated herein, the actual construction may begin.
(3)
In lieu of actual construction of the improvements, as provided in paragraph (2) above, the subdivider may post, at the time of submittal of the final plat, cash or security to ensure completion of the proposed public improvements in accordance with the following:
a.
Such cash or securities shall be in an amount equal to one hundred (100) percent of the estimated improvement costs as certified by the city engineer.
b.
Securities must be approved by the law department, shall be irrevocable, and shall be in effect for two (2) years after approval of the final plat, or until the issuing institution has received written documentation from the city council certifying that the subdivider has complied with all the terms and conditions of this chapter.
c.
If all public improvements are not installed within eighteen (18) months after approval of the final plat, the city shall be authorized to draw upon the securities of public improvements provided that prior thereto the subdivider is served with thirty (30) days' written notice of the city's intention to draw upon the securities. The city council may grant the subdivider additional time to complete the improvements, provided the securities are extended, or new securities provided, effective for a period of not less than six (6) months beyond whatever additional time is allowed the subdivider.
d.
The city council shall have the right to allow for the reduction of securities provided herein, as work progresses, in an amount equal to eighty (80) percent of the cost of improvements completed as certified by the city engineer. Furthermore, the city council may accept the sanitary sewer and water main system prior to the completion of other improvements.
(4)
In lieu of the above, the subdivider may petition the board of local improvements, in appropriate cases, for the installation of all improvements by special assessment, and shall provide a purchaser for all bonds issued thereunder. Upon a sale of such bonds for par value or in excess of par value, and upon approval of the final plat by the committee, the plat may be recorded.
(5)
The subdivider shall provide letters of approval from the appropriate school or park district indicating compliance with sections 23-11 and 43-56.
(6)
The subdivider shall pay the developmental impact fees required by sections 23-16, 23-17 and 23-18.
(7)
A resident engineering firm shall be obtained by the city engineer from a list of such firms established by the city. This list shall be established once every three (3) years with requests for proposal from all interested firms. A committee made up of the city engineer, assistant city engineer, finance director, water and sewer services director, a representative of the mayor's office, and a representative of the Aurora Sanitary District shall establish a list of not more than ten (10) firms to provide subdivision resident engineering and testing services. Thereafter, selection shall be made sequentially from the approved list. A firm shall be dropped from the list for failure to provide services as agreed and will not be requested to submit a proposal at the next approved list creation.
The selected resident engineering firm shall give an approximate cost of services based upon appropriate information. All resident engineer's hourly rates must be within ten (10) percent of the median of the hourly rates submitted with the above said requests for proposal. The city shall thereafter receive from the selected firm a monthly billing representing the resident engineering and testing expenses.
The resident engineering firm shall not be the same firm that will design and layout the particular subdivision improvements. The resident engineering firm will arrange for all testing either in-house or by a separate testing firm, and shall include all such costs in the estimate.
(b)
The subdivider shall, in all cases, be responsible for maintenance and warranties of all improvements for one (1) year following their acceptance by the city and shall guarantee such maintenance and warranties by posting cash and securities in the amount of twenty (20) percent of the total cost for the improvements, such securities to be in effect until such time as those warranties have expired.
(Code 1969, § 43-46; Ord. No. O86-5589, § 1, 11-18-86; Ord. No. O88-71, Exh. A, 6-21-88; Ord. No. O89-36, § 1, 5-2-89; Ord. No. O91-88, § 2, 11-5-91; Ord. No. O00-181, § 2, 12-12-00; Ord. No. O10-055, § 1(Exh. A), 9-14-10)