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HomeMy WebLinkAboutOrd 6058 03/19/2013 Amending Chapter 15 - Subdivision, Development and Site ProceduresORDINANCE NO. 6058 AN ORDINANCE AMENDING CHAPTER 15 "SUBDIVISION, DEVELOPMENT AND SITE IMPROVEMENT PROCEDURES" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 15.802 entitled "Construction Guarantees and Fees" of Article VIII "Fees, Guarantees and Agreements" of Chapter 15 "Subdivision, Development and Site Improvement Procedures" of the Mount Prospect Village Code shall be amended by deleting Section 15.802 in its entirety and inserting in lieu thereof the following new Section 15.802 as follows: 15.802: CONSTRUCTION GUARANTEES AND FEES: Prior to the issuance of any permits and commencement of any construction requiring the installation of public improvements, a private developer shall provide the following guarantees (for purposes of this Section 15.802, Public Improvements shall include storm water management structures even if privately owned): A. Public Improvement Completion Guarantee ( "Completion Guarantee ") Basis: The Public Improvement Guarantee shall be based on an engineer's estimate as approved by the Village. 2. Amount Of Completion Guarantee: The amount of a completion guarantee shall be as set forth in appendix A, division I of this code. 3. Acceptable Forms of Guarantee: a. The following forms of guarantee (at the election of the developer) are acceptable for assuring installation of public improvements integral to the development: Cash Escrow: Cash deposit by certified or cashier's check. No interest shall be earned on cash deposits; or Letter Of Credit: An irrevocable, commercial letter of credit in a form acceptable to the village; or 301478_5 iii. Bond: The statutory form of bond security assuring that the project will be completed according to the conditions of the approved permit. b. Covenant to Complete at Future Date: In the event that the village determines, in its sole discretion, that current conditions make the completion of specific public improvements impractical, a covenant may be executed and recorded to assure the completion of the improvements. Such a covenant shall provide for the filing of a lien against the property in the event of nonperformance and shall be in a form acceptable to the village. 4. Drawdown and Acceptance: If the completion guarantee is by cash deposit or letter of credit; the guarantee shall provide that no payments shall be made from the guarantee without the written consent of the director of public works and the director of community development. It shall further provide that drawdowns may be permitted only up to fifty percent (50 %) of the cost of each properly installed item. No more than fifty percent (50 %) of the completion guarantee may be disbursed or reduced until the improvements have been completed and accepted by the village. Approval of payments for the installation of improvements shall not constitute acceptance of such improvements. 5. Time Limit: Each guarantee shall be issued for a period of two (2) years and shall state that all construction is to be completed within the life of the permit. 6. Failure to Complete: In the event that the construction is not completed in accordance with village requirements, the village may take any and all necessary steps with respect to the guarantee to complete the construction. No further permits or certificates of occupancy will be issued for the site until the entire project is complete. 7. Renewal: In the event that the public improvements have not been accepted by the village within sixty (60) days of the expiration of the completion guarantee (whether or not the underlying permit has been extended); then at the village's option, the completion guarantee may be renewed. The director of public works and /or director of community development will determine, from an acceptable construction cost index, an average yearly increase in the construction cost over the duration of the guarantee. The amount of the new construction guarantee shall be increased from its face value (taken 60 days prior to expiration) by two (2) times the average yearly increase in construction cost. 8. Refund: The surety bond or any amount remaining on a letter of credit or in a cash deposit shall be returned to the applicant on the village's acceptance of the improvements; (or) in the discretion of the village, the surety bond, letter of credit or cash deposit may be converted to a maintenance guarantee as set forth in (B) below. 3014785 2 9. Applicability: The requirements for completion guarantees set forth above shall apply to all types of developments, regardless of use or ownership. B. Maintenance Guarantee: Upon acceptance of the improvements by the village, the developer shall post a maintenance guarantee in one of the forms set forth in (A)3 above in the amount set forth in appendix A, division I of the village code ( "Maintenance Guarantee ") as a guarantee against the following: a. Any defect in material or workmanship furnished for such improvements. b. Any damage to the improvements. 2. The Maintenance Guarantee shall be returned two (2) years after its posting or the village's acceptance of the improvements, whichever is later. C. Construction Nuisance Abatement Deposit: ( "CNAD "). In addition to the Completion Guarantee; the applicant shall also make a cash deposit with the village for the abatement of nuisances during construction, in accordance with the following: 1. Amount: The amount of the CNAD shall be as set forth in appendix A, division I of this code. 2. Use of Deposit: a. The deposit may be used to abate any nuisance, as defined by the village code, arising out of or caused by the work and /or development and shall include, but be not limited to, cleaning construction debris off public streets, parkway restoration and securing the site. b. Except in matters of immediate threat to persons or property; no expenditure of the CNAD may be made until four (4) hours after the director of public works or director of community development has demanded that the applicant abate the nuisance. C. Following any drawdown of the CNAD, all work on the site shall be stopped until the CNAD is replenished. d. The developer may request a refund of the CNAD ninety (90) days after the issuance of the final certificate of occupancy. D. Development Review Fees: Development review fees shall be levied against the development to cover the cost of reviewing engineering plans and construction inspections. This fee shall be as set forth in appendix A, division II of this code. One -third 0 3 ) of this fee shall be applied to engineering plan review costs and two - thirds ( to construction inspection costs. (Ord. 5253, 5 -21 -2002) 3014785 3 SECTION 2: Section 15.809 entitled "Surety Bond" of Article VIII "Fees, Guarantees and Agreements" of Chapter 15 "Subdivision, Development and Site Improvement Procedures" of the Mount Prospect Village Code shall be amended by deleting Section 15.809 in its entirety. (Section 21.211 shall "15.809" replaced with "15.802." SECTION 3: Section 15.802 entitled "Construction Guarantees and Fees" of Appendix A, Division 11 "Fees, Rates and Taxes" of the Mount Prospect Village Code shall be amended by deleting Section 15.802 in its entirety. SECTION 4: Section 15.802 entitled "Construction Guarantees and Fees" of Appendix A, Division I "Bonds, Salaries, Insurance and Miscellaneous" of the Mount Prospect Village Code shall be amended by deleting Section 15.802 in its entirety and inserting in lieu thereof the following new Section 15.802 of Appendix A, Division I to be and read as follows. 15.802: CONSTRUCTION GUARANTEES AND FEES: A. 2. Amount of Guarantee: 115% of the total cost of public improvements, including, but not limited to, engineering, inspection, materials and labor as determined by the village engineer. B. 1. Maintenance Guarantee: 10% of the actual cost of improvements C. 1. Construction Nuisance Abatement Deposit: Estimated Cost of Protect CNAD Amount 0-$25,000 $2,000 25,000 — 250,000 $2,000 or 6% whichever is more 250,000 — 1,000,000 $15,000 or 5% whichever is more 1,000,000 and above $50,000 or 3% whichever is more up to $100,000 D. Development Review Fees: Development review fees shall be levied against the development to cover the cost of reviewing engineering plans and construction inspections. This fee shall be as set forth in appendix A, division II of this code. One -third (1/30 of this fee shall be applied to engineering plan and review costs and two- thirds (2/3) to construction inspection costs. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. 3014785 4 AYES: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 19 day of March, 2013 Irvirna Wilks, Mayor ATTEST: M. Lisa ngell, Vil age lerk t 3014785 5