A. Whenever occupancy, use or sale is allowed before the completion of all facilities or improvements intended for dedication, the performance bond or the surety that is posted shall guarantee that any defects in such improvements or facilities that appear within one (1) year after the dedication of such facilities or improvements is accepted shall be corrected by the developer.
B. Whenever all public facilities or improvements intended for dedication are installed before occupancy, use or sale is authorized, then the developer shall post a performance bond or other sufficient surety to guarantee that the developer will correct all defects in such facilities or improvements that occur within one (1) year after the offer of dedication of such facilities or improvements is accepted.
C. An engineer or architect retained by the developer shall certify to the Village that all facilities and improvements to be dedicated to the Village have been constructed in accordance with the requirements of this Chapter. This certificate shall be a condition for acceptance by the Village of the offer of dedication of such facilities or improvements.
D. The term "defects" refers to any condition in facilities or improvements dedicated to the public that requires the Village to make repairs in such facilities or improvements over and above the amount of maintenance that normally would be required. If such defects appear, the guaranty may be enforced regardless of whether the facilities or improvements were constructed in accordance with the requirements of this Chapter.