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Board approves Eagle Pass preliminary plat and developer agreement contingent on final staff, attorney and county approvals
Summary
The board approved the Eagle Pass preliminary plat, development agreement, deed restrictions, stormwater plan and site plans on the condition that the village attorney, village engineer, building inspector and staff sign off and the documents are recorded; the board declined to permit early site work before final approvals are obtained.
The Village Board approved the Eagle Pass subdivision preliminary plat, development agreement, deed restrictions, stormwater-management plan and site plans, contingent on final approvals from village staff and the village attorney and on recording of required documents. Village attorney Hector Delamore told the board the developer has submitted a pre-final exhibit detailing grading and surface-drainage features; he and staff recommended the board approve contingent on staff and legal clearance but recommended no pre-construction work until the developer agreement is fully executed and recorded. The developer asked whether erosion-control and tree-clearing work could begin in the next 10 days; staff and the village attorney said no work should begin until all permits, erosion-control approvals, insurance and the recorded developer agreement are in hand. Developer representatives said they expect county review to proceed quickly and that they have paid fees and are ready to submit erosion-control permits and insurance paperwork; they requested permission to start limited pre-work to preserve the construction season. Board members who were not on the Plan Commission said they were not comfortable authorizing early work without final staff and attorney sign-offs and supported the attorney’s recommendation that construction should not begin until approvals are complete and the documents are recorded. What the board did: the motion to approve the package was moved, seconded and carried with the explicit contingency that the village attorney, village engineer, village manager and building inspector (and any other necessary staff) must sign off and that the developer agreement must be recorded before work may start. Why this matters: the development abuts existing neighborhoods and involves stormwater and erosion-control measures that affect downstream properties; staff and the attorney said prior experience shows starting work prematurely can create enforcement and neighbor-relations risks. Next steps: developer to complete remaining permit submittals and insurance/letter-of-credit documentation; village staff to notify the board when final approvals and recordings are complete so work may commence under the recorded agreement.
