CHAPTER 34
SUBDIVISION CODE
ARTICLE 1 - GENERAL PROVISIONS
34-1 1 TITLE. This Code shall be known, referred to and cited as the “Subdivision Code”.
34-1-2 SCOPE. For the purpose of present and future development of the City and for the promotion of the public health, safety, comfort, morals and welfare of persons living within the territory governed, the provisions and regulations hereafter contained shall govern the subdividing and platting of lands lying within the corporate limits of the municipality and within all unincorporated territory located within one and one-half (1 1/2) miles of the municipality, as now or hereafter existing, except as otherwise provided in this Code. Within the area of jurisdiction of the City, the provisions of the Statutes of the State of Illinois are hereby adopted as part of the Official Plan of the City.
This Code prescribes procedures for the subdivision or resubdivision of land within the area of jurisdiction of the City and comprises the procedures, requirements, standards, and specifications with respect thereto. (See 65 ILCS Sec. 5/11-12-9)
34-1 3 PURPOSE. In accordance with State law, this Chapter regulates the subdivision and development of land in order to assist in achieving the following specific objectives:
(A) to preserve, protect, and promote the public health, safety, and welfare;
(B) to implement the City Comprehensive Plan and the Official Map;
(C) to provide a pleasant living environment by furthering the orderly layout and development of land;
(D) to avoid legal and other problems by requiring that subdivided land be properly monumented and recorded;
(E) to conserve and increase the value of land, improvements, and buildings throughout the City;
(F) to preserve the City’s natural beauty and topography to the maximum feasible extent;
(G) to protect against injury or damage caused by pollution, storm water runoff, or erosion and sedimentation;
(H) to provide safe and convenient access to new developments and to avoid traffic congestion and unnecessary public expenditures by requiring the proper location, design, and construction of streets and sidewalks;
(I) to ensure the proper installation and maintenance of adequate water mains, sanitary sewers, storm water sewers, and other utilities and services; and
(J) to ensure that in conservation areas, adequate parks and similar facilities can be made available to serve the residents of new developments.
(See 65 ILCS Sec. 5/11-12-8 through 5/11-12-12; 765 ILCS Sec. 205/0.01 et seq.)
34-1 4 INTERPRETATION. This Code is intended as Minimum Requirements to provide for coordinated, efficient, and economic development of the City, to ensure the adequacy of street and utility facilities, and to promote the public health, safety and welfare.
Thus, in accordance with State law, whenever this Chapter imposes higher standards than the County Subdivision Code and the Plat Act, Chapter 765, the higher standards shall supersede the County regulations in the unincorporated territory located within the subdivision jurisdiction of the City.
34-1-5 APPLICATION OF CODE. No lot, tract or parcel of land in a subdivision, as defined herein, may be conveyed unless a Final Plat of the property has been approved according to the requirements and provisions of this Code and recorded in the office of the County Recorder of Deeds, except in those instances listed in Section 34-1-9 when subdivision plats will not be required.
34-1-6 SUITABILITY OF LAND FOR SUBDIVISION DEVELOPMENT. Land unsuitable for subdivision development due to drainage, flood hazard area, hillside area, rock formation or any other condition(s) constituting a danger to health, life or property shall not be approved for subdivision development unless the subdivider presents evidence or data satisfactory to the Plan Commission, establishing that the methods proposed to meet any such condition(s) are adequate to avoid any danger to health, life or property.
34-1 7 RULES AND DEFINITIONS. The language set forth in the text of this Chapter shall be interpreted in accordance with the following rules of construction:
34-1-7.1 Words. Whenever a word or term defined hereinafter appears in the text of this Chapter, its meaning shall be construed as set forth in the definition thereof; and any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as that word:
Administrator: The Administrator or the person designated by the City Council to enforce and administer the provisions of this Code, or his duly appointed representative(s). The City Clerk is hereby designated until otherwise provided.
Area, Gross: The entire area within the boundary lines of the territory proposed for subdivision, including the area to be dedicated for street and alley rights of way and public use.
Barrier (Natural or Artificial): Any street, highway, river, pond, canal, railroad, levee, embankment, or screening by a fence or hedge.
Commission: The Plan Commission of the City.
Comprehensive Plan: The plan or any portion thereof adopted by the City for the coordinated physical development, including, among other things, plans and programs regarding the location, character, and extent of highways, transportation routes, bridges, public buildings or uses, utilities, schools, residential, commercial, or industrial land uses, parks, forests, dams, drainage facilities and projects affecting the conservation of natural resources of the City.
Cul de Sac: A short, minor local street, having only one (1) end open for vehicular traffic, and the other end permanently terminated by a turn around for vehicles.
Design: The arrangement of uses on the land and use of land for easements, lots and rights of way, including material, alignment, grade and width of these elements.
Flood Hazard Area: All land subject to periodic inundation from overflow of natural waterways when subjected to the maximum possible runoff from three (3) inches of rain per hour as calculated by approved engineering methods subject to periodic ponding.
Hillside Area: An area with an average slope of twenty percent (20%) or more.
Improvement: Refers to site grading, street work and utilities (including water, sewer, electric, gas and storm water), to be installed or agreed to be installed by the subdivider on land to be used for public or private streets, and easements or other purposes as are necessary for the general use of lot owners in the subdivision.
Improvement Plans: The engineering plans showing types of materials and construction details for the physical structures and facilities to be installed both in, or in conjunction with, the subdivision.
Land Use Plan: The long range plan for the desirable use of land in the City as officially adopted and as amended from time to time by the City Council or appropriate corporate authority.
Loading Space: An off-street space or berth on the same lot with a building, or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.
Parking Lane: An auxiliary lane of a street used primarily for vehicular parking.
Plans: All of the drawings, including plats, cross sections, profiles, working details and specifications, which the subdivider prepares or has prepared to show the character, extent and details of improvements required in Article III of this Code, and which plans shall conform to any requirements of the Plan Commission as to scale and details for submittal to the appropriate officials of the City for consideration, approval or disapproval.
Plat: The maps, drawings, charts, and other documents complying with all applicable provisions of this Code which constitute the plan for subdivision and which the subdivider submits to the City for consideration of approval.
Plat, Final: A plat prepared to the requirements of Article IV and if approved, will be submitted to the County Recorder of Deeds for recordation.
Plat, Preliminary: A plat drawn upon tracing paper or other material from which reproduction can be made and conforming to the requirements of Article II of this Code.
Premises: A lot, together with all the buildings and uses thereon.
Public Sewer and Water Facilities: Those water and/or sewer facilities of the City, County, the State, the Federal and/or of a sanitary sewer district and/or privately-owned public facilities which comply with applicable public health standards.
Re subdivision: See Subdivision.
Road, County: A term denoting a tract of land which is used primarily for the purpose of vehicular movement and includes all of the facilities and improvements within the rights-of-way. This tract of land must have been presented to and accepted by the County Superintendent of Highways.
Roadbed: The graded portion of a street upon which the base course, surface course, shoulders and median are constructed.
Roadway: The entire improved portion of the street, including shoulders, parking lanes, travel way, curbs and gutter which lies between the right-of-way lines.
Setback Line: The line parallel to the front, side or rear lot line establishing the minimum space to be provided as the front, side or rear yard.
Slope: The degree of natural inclination of the existing ground.
Street: A general term denoting a public or private way for the purpose of vehicular travel. The term includes all facilities which normally occur within the right-of-way; it shall also include such
other designation for a street as a highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court or as otherwise designated, but excluding an alley or a way for pedestrian use only.
Street, Arterial: A street designed or utilized primarily for high vehicular speeds and heavy volumes of traffic on a continuous route, with intersections at grade, and which may have direct access to abutting properties, and on which geometric design and traffic control measures are used to expedite the safe movement of through traffic.
Street, Collector: A street which carries or is proposed to carry intermediate volumes of traffic from local streets to arterial streets and which may or may not be continuous.
Street, Local: A street used primarily for access to abutting properties, providing for minimum speeds and traffic volumes.
Street, Marginal Access or Service Road: A local street parallel and adjacent to arterial streets providing access to abutting properties.
Structure: Anything constructed which requires permanent or temporary location on the ground or is attached to something having a permanent or temporary location on the ground.
Stub: A street that is temporarily terminated, but that is planned for future continuation.
Subdivide: See “Subdivision”.
Subdivider: Any person, firm, partnership, association, corporation, estate or other group or combination acting as a unit, dividing or proposing to divide land in a manner that constitutes a subdivision as herein defined.
Subdivision: The division of land into two (2) or more lots or parcels for the purpose of either immediate or future sale, rental or building development, or any other uses, or the establishment or dedication of a public street or alley through a tract of land regardless of size. The term “subdivision” shall also include all re-subdivisions of land or lots.
Subdivision, Minor: A division of land into two (2), but not more than four (4) lots, all of which front upon an existing street, not involving any new streets or other rights-of-way, easements, improvements, or other provisions for public areas and facilities.
Topography: The relief features or surface configuration of an area of land.
Travelway: That portion of a street used for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
Vacate: To terminate the legal existence of right of way or subdivision, and to so note on the final plat recorded with the County Recorder of Deeds.
Variance, Subdivision: A relaxation in the strict application of the design and improvement standards set forth in this Chapter.
34-1-8 ADOPTION BY REFERENCE. All definitions not otherwise noted contained in The Revised Code of Ordinances are hereby adopted by reference.
34-1-9 SUBDIVISION PLATS WILL NOT BE REQUIRED. The provisions of these regulations do not apply and no subdivision plat is required in any of the following instances, provided, however, all of the resulting divisions shall conform to this Code:
(A) The division or subdivision of land into parcels or tracts of five (5) acres or more in size which does not involve any new streets or easements of access;
(B) The division of lots or blocks of less than one (1) acre in any recorded subdivision which does not involve any new streets or easements of access;
(C) The sale or exchange of parcels of land between owners of adjoining and contiguous land;
(D) The conveyance of parcels of land or interests therein for use as a right-of-way for railroads or other public utility facilities and other pipe lines which does not involve any new streets or easements of access;
(E) The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use;
(F) Conveyance made to correct descriptions in prior conveyances;
(G) The sale or exchange of parcels or tracts of land following the division into no more than two (2) parts of a particular parcel or tract of land existing on July 17, 1959, and not involving any new streets or easements of access, provided, however, a plat of survey shall be prepared by a registered surveyor and submitted to the Plan Commission;
(H) The sale of a single lot of less than five (5) acres from a larger tract when a plat of a survey is made by a registered surveyor; provided that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions and configuration of the larger tract on October 1, 1973, and provided also that this exemption does not invalidate any local requirements applicable to the subdivision of land; and
(I) The division of land for cemetery usage.
Under the circumstances when subdivision plats are not required as described above, the Plan Commission reserves the right to request a plat of survey or other documentation if there is a need for said survey or documentation in order to verify conformance to insure that the division of property is in accordance with the purpose and objectives of the Code as listed in Section 34-1-3.
34-1 10 DISCLAIMER OF LIABILITY.
(A) Except as may be provided otherwise by statute or ordinance, no official, council member, agent, or employee of the City shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this Chapter. (See "Local Governmental Employees Tort Immunity Act," 745 ILCS Sec. 10/1 101)
(B) Any suit brought against any official, council member, agent, or employee of this City as a result of any act required or permitted in the discharge of his duties under this Chapter shall be defended by the City Attorney until the final determination of the legal proceedings.
ARTICLE II - PRELIMINARY PLAT
DIVISION I - PROCEDURE
34-2-1 PRE-APPLICATION CONFERENCE. Before submitting a preliminary plan and plat, the applicant is encouraged to confer with the Administrator and the Plan Commission and other official units of government affected thereby as well as those providing services to the areas in question to initiate pre-planning activities and obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of detailed plans, surveys and other data.
34-2-2 APPLICABILITY OF ARTICLE. No land within the subdivision jurisdiction of the City--other than land that is specifically exempted from the requirements of this Code as provided in Section 34-1-9--shall be subdivided or developed except in compliance with the regulations of this Code and the applicable provisions of State law. No lot in any subdivision shall be conveyed until:
(A) The portion of the subdivision in which the lot is located has been improved in accordance with the requirements of this Article or until a performance bond or other security has been posted to assure the completion of such improvements; and
(B) The final plat of the subdivision has been approved by the City Council and recorded in the office of the County Recorder of Deeds.
No building permit shall be issued to allow construction on any lot conveyed in violation of this Section.
34-2-3 MINOR SUBDIVISIONS. Minor subdivisions, as defined in Section 34-1-7, may be exempted from the procedures and requirements for Preliminary Plats and the subdivider may proceed to filing of the Final Plat for review. Final Plat procedures and requirements shall be as specified in Article IV, Sections 34-4-1 and 34-4-4.
34-2-4 PRELIMINARY PLAN AND PLAT.
34-2-4.1 SUBDIVIDER. The subdivider shall file with the City at the office of the Administrator ten (10) copies of the Preliminary Plan and Plat at least ten (10) days prior to the regularly scheduled Plan Commission meeting. Such application shall include the following:
(A) Requested Information. A written request to the Plan Commission for preliminary review of such subdivision and a general description of the location and size of the tract to the platted; the intent as to character type and use of the property and structures to be developed; the deed restrictions proposed, if any; a statement of mineral rights; the extent and character of the improvements to be made by the subdivider, the zone district classification(s) of
the territory and compliance of the proposed subdivision thereto. If appropriate, a description of any unique hardship or difficulty limiting the physical development of the property under consideration and a description of any past history of the property under consideration which is pertinent thereto.
(B) Documentation. The necessary documentation in accordance with the requirements of this Code. (See Sec. 34-2-6, et seq.)
(C) Filing Fee. A filing fee sufficient to cover the engineering inspection fees to be incurred by the City.
34-2-4.2 PROCEDURE.
(A) Distribute Copies. The Administrator shall immediately distribute a copy to the City Superintendent(s); a copy to the School Superintendent(s); a copy to the Soil and Water Conservation Service; a copy to the City Engineer; a copy to the Mayor; two (2) copies to the Plan Commission; and a copy to the Fire Chief.
(B) Time Constraints. The Commission shall review the Preliminary Plat within sixty (60) days from the date of application or the filing by the subdivider of the last item of required supporting data, whichever date is later, unless such time is extended by written mutual consent, and shall determine whether the Preliminary Plat shall be approved as submitted; shall be approved subject to certain conditions and modifications; or shall be disapproved.
(C) Plan Commission Review. The action of the Plan Commission shall be noted in writing, and if such Preliminary Plat is disapproved or is conditionally approved, the Commission shall furnish written notice of such action to the applicant setting forth the reasons for disapproval or conditional approval and specifying with particularity the aspects in which the Preliminary Plat fails to conform to the City’s Code including the Comprehensive Plan.
(D) City Council Review. The City Council shall accept or reject the Preliminary Plat within thirty (30) days after its next regularly scheduled meeting following the action granting approval of the Preliminary Plat by the Commission, unless such time is extended by written mutual agreement of the City Council and the applicant, or such Preliminary Plat will be deemed as approved. The City Council shall indicate by letter whether the Preliminary Plat is approved or disapproved as submitted. If the Preliminary Plat is disapproved, the letter shall state the reasons for disapproval.
(E) Official Approval. A certified copy of the letter of approval or disapproval by the City Council shall be attached to the Preliminary Plat and shall be filed with the City Clerk; one (1) such copy shall be filed with the Administrator and one (1) copy shall be returned to the subdivider. Approval of the Preliminary Plat shall not qualify the Preliminary Plat for recording with the County Recorder of Deeds.
(F) Rights and Privileges of Subdivider. Preliminary Plat approval shall confer upon the subdivider the following rights and privileges:
(1) That the Preliminary Plat approval will remain in effect for a one (1) year period. The applicant may, during this period, submit all of or part or parts of said Preliminary Plat for final approval. In the event that the subdivision is being developed in stages, the applicant may, by written mutual agreement with the Plan Commission, have final approval of the last part of the Plat delayed for a period not to exceed three (3) years from the date of the Preliminary Plat approval. Any part of a subdivision which is being developed in stages shall contain a tract of land at least one (1) block in length.
(2) That the general terms and conditions under which the Preliminary Plat approval was granted will not be changed.
34-2-5 RESERVED.
DIVISION II - PRELIMINARY PLAT REQUIREMENTS
34-2-6 REQUIREMENTS. Every Preliminary Plat shall be prepared by a land surveyor registered in the State of Illinois. The Preliminary Plat to be provided by the subdivider shall meet and include the following specifications and supporting data:
(A) Proposed name of the subdivision and location.
(B) Small key map showing the relation of the proposed subdivision to Section or U.S. Survey Lines and to platted subdivisions and dedicated streets within three hundred (300) feet of the proposed subdivision.
(C) Names and addresses of the owner, subdivider, land planning consultant and the Illinois Registered Land Surveyor who prepared the Preliminary Plat.
(D) Existing and proposed streets or alleys and rights-of-way on and adjoining the site of the proposed subdivision; showing the names and including street roadway and right-of-way widths, approximate gradients, types and widths of pavement, curbs, sidewalks, crosswalks, planting strips and other pertinent data, including classification of all streets as to function as established herein.
(E) All lot lines adjacent to and abutting the subdivision.
(F) Layout of lots, showing approximate dimensions, numbers, lot area, and zone district classification(s).
(G) Parcels of land, if any, proposed to be dedicated or reserved for schools, parks, playgrounds, or other public, semi-public or community purposes and use(s) of the area to be subdivided.
(H) Easements, existing and proposed, showing locations, widths and purposes.
(I) Building setback line and dimensions.
(J) Location and size of existing public utilities and drainage ways or facilities within or adjoining the proposed subdivision and the location and size of nearest water trunk mains, interceptor sewer lines and other pertinent utilities.
(K) Location, type and approximate size of utility improvements to be installed.
(L) Tract boundary lines showing dimensions, bearings, angles and references to known land lines.
(M) The gross area and net area acreage of the proposed subdivision, the acreage of streets, and of any areas reserved for the common use of the property owners within the subdivision and/or for public use.
(N) Where the topography has a significant bearing upon the street grades, the plan of public utilities and drainage ways or facilities in the proposed subdivision and when it would be difficult for the Plan Commission or the City Council to understand the relation of the Plan to the existing topographic conditions, contour lines at not greater than two (2) foot intervals shall be shown. Contour lines shall be shown for all hillside areas and other areas of significant slope.
(O) Location of major water courses, ponding areas, natural drainage ways and flood hazard areas.
(P) The Preliminary Plan shall be drawn to a scale of not greater than one hundred feet to one inch (100’ = 1”), provided, however, that if the resulting drawing would be over forty-two (42) inches square, a scale of up to two hundred feet to one inch (200’ = 1”) may be used.
(Q) North arrow and date.
(R) Whenever a large tract is intended to be developed in stages, and only part of that tract is to be submitted for Final Plat approval, a Preliminary Plat for subdivision of the entire tract shall be submitted.
34-2-7 DIGITAL FORMAT REQUIRED. The following guidelines shall be established and administered for future development in the City.
(A) All subdivision plats, engineering plans and as-built plans submitted to the City shall be in a digital format compatible with the City’s Geographic Information System (GIS) and in accordance with the Subdivision Code. Adhering to the same standards and certifications of the paper plots in the Code.
(B) The data shall be provided on one of the following types: 3.5” (inch) floppy disk, CD ROM or 100 MB Zip disk (PC format). Paper plat submissions shall follow the Subdivision Code.
(C) The digital files shall be in the Illinois State Plane Coordinate System (ISPCS), West Zone, NAD83 datum FIPZONE 1202, as defined in Illinois Coordinate Systems Act 765 ILCS 225/7.
(D) In addition to Section 34-2-6, the digital submission shall delineate on the survey all geodetic stations, azimuths, angles and distances used for establishing the survey connection to the development.
(E) All digital submissions shall adhere to the City GIS/CAD layering specification.
(F) Monuments. Monuments shall adhere to the State of Illinois Specification found in Part 1270 of the Illinois Professional Land Survey Act of 1989. Specifically Section 1270.56.b.5. Monuments shall be installed following completion of all improvements and shall be identified on the final plat.
(G) Benchmarks. At least two (2) permanent benchmarks shall be established within a subdivision or in each phase of a subdivision and located so that no lot is more than one thousand (1,000) feet from a benchmark. Permanent benchmarks shall be placed in the following locations:
(1) In paved streets, offset from the centerline approximately halfway between the centerline and the pavement edge in a cast iron “water main valve” type box with an adjustable cover flush to the pavement.
(2) In permanent open space areas or parks.
(3) Other location as approved by the City Engineer or their designee.
(H) All benchmarks shall be identified on the final plat (paper and digital copies) with location, elevations and reference to the source of original elevation with all pertinent data. The City will maintain files for benchmark data. (Ord. No. 1188; 10-22-01)
34-2-8 RESERVED.
DIVISION III - MINIMUM STANDARDS OF DESIGN
34-2-9 GENERAL STATEMENT. The subdivider shall conform to the following principles and standards of land subdivision in the design of each subdivision or portion thereof. No Preliminary Plat shall be approved unless it conforms to the following minimum standards of design.
34-2-10 STREETS AND ALLEYS.
(A) The street and alley arrangement shall be such as to not impose undue hardship upon the owners of adjoining property when they plat their own land and seek to provide for convenient access thereto. Reserve strips controlling access to streets are prohibited, except where their control is placed with the City Council.
(B) The arrangement of rights-of-way in a subdivision shall provide for the continuation of the existing streets or rights-of-way in adjoining areas, unless the Plan Commission deems such continuation undesirable for reasons of topography or design. Where subdivision streets or rights-of-way are continuations or extensions of existing streets or rights-of-way, the width thereof shall be of the same or greater width as the existing street or right-of-way, except that in no case shall the street or right-of-way in the subdivision be of less width than hereinafter provided.
(C) Where, in the opinion of the Plan Commission, it is desirable to provide future street access to adjoining areas, the streets and rights-of-way in the subdivision shall be extended to the property line. If deemed necessary by the Plan Commission, any temporary dead-end street shall be provided with a temporary turnaround. In no case shall access be denied to any parcel or part of a parcel of ground by the subdividing of land.
(D) Streets shall intersect, as nearly as possible, at right angles.
(E) Local street curb intersections shall be rounded by radii of at least fifteen (15) feet; intersections involving collector or arterial streets shall have radii of not less than twenty-five (25) feet.
(F) Street jogs with center line offsets of less than one hundred twenty-five (25) feet are prohibited.
(G) Unless topography indicates a need for a greater length, dead-end streets designed to be so permanently shall be no longer than five hundred (500) feet and shall terminate in a circular open space having a radius at the outside of the pavement of at least forty (40) feet and a diameter at the outside of the right-of-way of at least one hundred (100) feet.
(H) Local streets shall be designed so as to discourage through traffic.
(I) No local street grade shall be in excess of ten percent (10%) and no collector street or arterial street grade shall be in excess of seven percent (7%), except as otherwise approved by the Plan Commission due to adverse topographic conditions. For adequate drainage, the minimum grade of any new street shall not be less than one-half of one percent (1/2%).
(J) The Plan Commission shall not approve streets which will be subject to frequent inundation or flooding.
(K) Alleys shall be avoided in a single-family and two-family district, except as required by this Section, however, may be required in multiple-family districts and commercial or industrial districts, unless other definite and assured provision is made for service access, such as off-street loading, unloading and parking consistent and adequate for the use proposed.
(L) Dead-end alleys shall not be permitted, except where provided with adequate turnaround facilities at the dead-end, or where such dead-end alleys provide the only access to off-street parking.
(M) Alleys, where provided, shall have a right-of-way of not less than twenty (20) feet.
(N) The minimum right-of-way of local streets, minimum including marginal access streets and cul-de-sacs, shall be fifty (50) feet.
(O) The minimum right-of-way of secondary or collector streets shall be sixty (60) feet.
(P) The minimum right-of-way of arterial or primary streets shall be eighty (80) feet.
(Q) Intersections of more than two (2) streets at one (1) point shall be avoided.
(R) Where the subdivision abuts in or contains an existing or proposed arterial street, the Plan Commission may require that marginal access streets be provided in order that no lots front on such existing or proposed arterial street.
(S) Dedication of half-streets shall be discouraged, but may be permitted whenever there is no other logical method of platting. However, wherever there exists a dedicated or platted half-street or alley adjacent to the tract to be subdivided, the other half of the street or alley shall be platted, unless otherwise permitted by the Plan Commission.
34-2-11 DRAINAGE. No plat shall be approved for any subdivision which is subject to flooding unless the plat conforms to the applicable requirements of this Code. (See Chapter 6, Article VI, “Flood Plain Code”)
(A) No plat shall be approved for any subdivision or part thereof which is subject to periodic flooding or which contains inadequate drainage facilities or which makes adequate drainage of streets impossible. However, if the subdivider agrees in writing to make improvements at his expense which will, in the opinion of the Plan Commission, make the area safe for human occupancy and use further provide adequate drainage for streets, then the preliminary and final plat may be approved.
(B) The rate of storm water runoff leaving the subdivision shall not exceed what would have occurred under natural, undeveloped conditions. Storm water drainage shall be discharged to retention basins or detention basins designed to control the peak rate of discharge from the property at or below those which existed prior to development. (See Section 34-3-7(D). (Ord. No. 1319; 12-12-05)
(C) No existing ditch, stream, drain or drainage canal shall be deepened, widened, filled, rerouted or filled without written permission from the City.
(D) Where artificial channels must be constructed to augment the natural drainage system, such channels as well as the natural drainage ways may be planned as part of a recreational trail system. Channels shall be designed to be aesthetically compatible for recreational trail use.
(E) The drainage system shall be constructed and operational during construction or as approved by the City.
(F) The natural drainage system shall be used as far as is feasible for the storage and flow of runoff.
(G) No plat shall be recorded for any subdivision situated within five hundred (500) feet of any surface drain or watercourse serving a tributary area of six hundred forty (640) acres or more, until such plan or map has been reviewed by the Department of Transportation, either independently or in cooperation with Federal, State or local agencies, for the purpose of determining, for the protection of persons and property, the flood hazards involved and a report thereon filed by the Department with the County Recorder.
34-2-12 EROSION AND SEDIMENT CONTROL. The following standards shall be applied in the subdivision and construction of land areas:
(A) The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion.
(B) Natural plant covering shall be retained and protected so far as is consistent with development of the site.
(C) When soil is exposed, the exposure shall be for the shortest feasible period of time.
(D) Land shall be developed in increments of workable size, such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time.
(E) Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures shall be installed prior to development when necessary to control erosion.
(F) Provision shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development.
(G) Sediment basins, debris basins, desilting basins, or silt traps shall be installed and maintained to remove sediment from runoff waters undergoing development.
(H) Temporary vegetation or, where appropriate, mulching or other non-viable cover shall be used to protect areas exposed during development.
(I) Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The soil shall be restored to a depth of four (4) inches and shall be of a quality at least equal to the soil quality prior to development.
(J) Permanent final plant covering or structures shall be installed as soon as possible.
34-2-13 EASEMENTS.
(A) Easements of not less than seven and one-half (7 1/2) feet in width shall be provided on each side of all rear lot lines, and alongside lot lines where necessary for storm and sanitary sewers, gas, water, and other mains, and for electric and telephone lines or for other public utilities. Easements of greater width may be required along or across lots when necessary for the extension of main sewers or other utilities or where both water and sewer lines are located in the same easement. A two (2) foot easement shall be required on one (1) side of and adjacent to an alley to accommodate pole lines.
(B) Adequate easements for storm water drainage shall be established along any natural drainage channel and in such other locations as may be necessary to provide satisfactory disposal of storm water from streets, alleys, and all other portions of the subdivision. The location and minimum widths of such easements shall be determined by the Administrator.
(C) No tree, shrub or building shall be placed or erected in any easement for utility or drainage purposes or within the right-of-way of any street, except at the owner’s risk as to all costs for demolition, removal or reconstruction, and the proper authorities may have free access to and use of the easements at any time.
34-2-14 BLOCKS - CROSSWALKS.
(A) No block shall be longer than one thousand eight hundred (1,800) feet or less than five hundred (500) feet in length, except where the continuity of the existing neighborhood would be disrupted.
(B) All blocks, whenever it is deemed essential to provide access to schools, playgrounds, shopping centers and other community facilities, shall have a crosswalk with a right-of-way of at least ten (10) feet in width near the center of the block. (See Sec. 34-3-13(B)).
(C) The length, width, and shapes of blocks shall be determined with due regard to building sites, land use, zoning requirements, access, safety and convenience.
(D) Where a subdivision adjoins an arterial or collector street, the greater dimension of the block shall generally front or back upon such arterial or collector street to avoid unnecessary ingress or egress.
34-2-15 PARKS AND OTHER PUBLIC AREAS.
(A) Where any area is specifically designated on the Comprehensive Plan of the City for a public park, playground, school or other public use, and is owned by the subdivider, such area shall be reserved for such use on all subdivision plans and plats; and the acquisition of such area may then be secured by the City Council or arrangements be made for its acquisition within a period not to exceed one (1) year from the date of approval of the final plan. The value of such lands shall be established by three (3) qualified appraisers; one of whom shall be appointed by the Plan Commission, one appointed by the subdivider, and one of whom shall be mutually agreed upon by the other two.
(B) Should the City Council decide to take such premises, then, in that case, it shall make arrangements to pay the subdivider the appraised value therefor as determined by the above described appraisers, or a sum that is mutually agreed upon. The City Council may accept any donation of land as above described should the subdivider desire to contribute the same to the City.
34-2-16 UTILITIES.
(A) Source of domestic water supply and type of sewage disposal.
(B) Storm water drainage.
(1) Complete storm sewer system, including pipe sizes, inlets and inverts.
(2) A proposed surface water drainage pattern for each individual lot, block, and street.
(C) All easements as required shall be indicated.
(D) Protective Covenants. An outline of all proposed protective covenants shall accompany the preliminary plan and shall include a protection against the obstruction of any surface water drainage easement.
34-2-17 LOTS.
(A) Minimum Size. The minimum setback line in the front yard shall be twenty (20) feet; land that is under water or reserved for street improvements shall not be counted in determining compliance with requirements. (Ord. No. 1319; 12-12-05)
(B) The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and the character of surrounding development.
(C) All side lines of lots shall be at right angles to straight street right-of-way lines and radial to curved street right-of-way lines, except where a variation of this rule will provide a better street and lot design.
(D) All remnants of lots below minimum lot area size left over after subdividing of a larger tract shall be added to adjacent lots, rather than allowing to remain as unusable land, except when designated for utility purposes or accepted for public space for park or other public uses.
(E) Lots which cannot be served by either a public or private sanitary sewer, and/or a public water system, shall comply with the applicable provisions of this Code, or shall not be less than one (1) acre in size per lot or household unit, whichever is greater. Such lots shall have a width of not less than one hundred twenty-five (125) feet or a depth in excess of three (3) times its width, unless otherwise permitted and approved by the Plan Commission.
(F) Lots with double frontage should be avoided where possible. Corner lots and lots with double frontage shall have extra dimension sufficient to permit the establishment of front building setback lines on the adjoining streets.
(G) The subdividing of the land shall be such as to provide each lot with satisfactory access to public streets. The Plan Commission may require additional reservation of land to insure adequate access to prevent land locking of the adjoining territory.
34-2-18 - 34-2-19 RESERVED.
DIVISION IV - APPROVAL OF PRELIMINARY PLAN
34-2-20 CHECKLIST COMPLETED. In order to qualify for approval, the Preliminary Plan shall be accompanied by a properly executed checklist.
34-2-21 CHANGES OR REVISIONS. The Plan Commission and/or Administrator may recommend, or the City Council may require, such changes or revisions as are deemed necessary in the interests and needs of the community.
34-2-22 APPROVAL - TENTATIVE. The approval of a preliminary plan by the Plan Commission and the City Council is tentative only, involving merely the general acceptability of the layout as submitted.
34-2-23 CERTIFICATE. Approval shall consist of a certificate to that effect on the preliminary plan signed by the Chairman of the Plan Commission and by the Mayor, with the advice and consent of the City Council.
ARTICLE III - ENGINEERING PLANS
DIVISION I - PROCEDURE
34-3-1 ENGINEERING PLAN PROCEDURE. Within twelve (12) months after receiving approval of the Preliminary Plan by the City Council, there shall be submitted to the Administrator by the subdivider, four (4) copies of the engineering plans and specifications as required in Division II of this Article. The Administrator shall immediately refer two (2) copies to the Plan Commission and two (2) copies to the Mayor and shall notify the City Council of this action at the next regular City Council meeting. In the event of a special problem, the Plan Commission shall notify the owner or subdivider of the time and place at which he shall be afforded an opportunity of the time and place at which he shall be afforded an opportunity of being heard. The Plan Commission shall make its recommendation to the City Council within forty-five (45) days after receipt of the engineering drawings and specifications. In the event of disapproval of the engineering plans and specifications by the Plan Commission, the same shall be immediately returned so marked to the Administrator for return to the subdivider, and may be refiled with the Administrator after necessary revisions are made.
34-3-2 - 34-3-3 RESERVED.
DIVISION II - MINIMUM STANDARDS OF IMPROVEMENT
34-3-4 GENERAL STATEMENT. Utility and street improvements shall be provided by the subdivider in each new subdivision in accordance with the standards and requirements described in the following section. The requirements set forth below shall be considered as minimum requirements and nothing contained herein shall be construed to mean that the subdivider cannot construct or provide improvements of a higher type.
34-3-5 REFERENCE MONUMENTS. Permanent monuments shall be of concrete, four by four by thirty inches (4” x 4” x 30”) with a one-half (1/2) inch iron pin cast in the center, set in such a manner that they will not be moved by frost and shall be placed in the field as required by the Illinois Compiled Statutes.
All lot corners shall be marked by one-half (1/2) inch iron pins not less than thirty (30) inches in length and driven into the ground and shall not protrude above the ground surface more than one and one-half (1 1/2) inches.
These monuments must be placed at all corners, at the end of all curves, at the point where a curve changes its radius, at all angle points along a meander line, the points to be not less than twenty (20) feet back from the normal water elevation of a lake or from the bank of a stream, except that when such corners or points fall within a street or proposed future street, the monuments must be placed in the right-of-way line of the street. All internal boundaries, corners and points must be monumented in the field by like monuments as defined above.
34-3-6 STREET IMPROVEMENTS. All streets shall be graded as hereinafter provided:
(A) New Streets. All new streets, which are created and dedicated for use within a subdivision, shall be graded, drained and surfaced in accordance with the minimum requirements hereinbelow set forth and in a manner which will provide complete and adequate drainage of all the streets, alleys, and public grounds which may be necessary in order to provide adequate and satisfactory drainage along the side of any existing public street which lies adjacent to the subdivision.
In general, all such new streets within the subdivision and all work to be undertaken thereon shall be designed and constructed according to the specifications adopted by the State of Illinois Department of Transportation; as the same are in effect at the time the Preliminary Plat and plans for such improvement work are submitted for approval.
(B) Grading Roadway and Side Slopes. The roadway shall be considered to be that part of the improvement which lies between the right-of-way lines, and which roadway shall not be less than twenty (20) feet for alleys, fifty (50) feet for local streets, sixty (60) feet for collector streets, and eighty (80) feet for arterial streets.
(C) Combination Concrete Curb and Gutter. Combination concrete curb and gutter shall be built in accordance with the detail shown on Figure 3. The minimum distance from back to back of curbs shall be eighteen (18) feet for alleys, thirty-six (36) feet for local streets, forty (40) feet for collector streets, and fifty-two (52) feet for arterial streets.
(D) Street Construction Standards. All streets within the jurisdictional authority of the City, other than State highways, shall be improved with pavements bounded by integral concrete curbs and gutter, in accordance with the following criteria:
(1) Specifications are as follows:
Pavement Permitted Max. No of
Street Dedicated Width (Back to On-Street Dwelling
Type Right-of-Way Width Back of Curbs) Parking Units/Net Acre
Arterial
(Primary) 80 feet 50 feet None Over 250 dwel-
ling units served
Pavement Permitted Max. No of
Street Dedicated Width (Back to On-Street Dwelling
Type Right-of-Way Width Back of Curbs) Parking Units/Net Acre
Collector
(Secondary) 60 feet 40 feet One Side 4.50/greater
Local
(Minor) 50 feet 36 feet One Side 2.0-4.50
Alley 20 feet 18 feet None N/A
Cul-de-Sac 100 feet 80 feet Both Sides N/A
(2) Arterial street pavement design shall be mutually agreed upon between the City and the developer, but shall not be less than the pavement design required for collector streets.
(3) Collector Street pavements shall consist of one of the following:
(a) Portland cement concrete pavement not less than eight (8) inches in thickness constructed on top of sub-base granular material not less than four (4) inches in thickness. The concrete pavement shall be reinforced with wire mesh pavement fabric, and have tie bars at all longitudinal joints, transverse contraction and construction joints, and between the pavement and the concrete curb and gutter.
(b) Aggregate base course not less than eight (8) inches in thickness with two (2) inches of bituminous concrete binder course and two (2) inches of bituminous concrete surface course.
(c) Bituminous aggregate material (BAM) base course not less than six (6) inches in thickness with one and one-half (1 ˝) inches of bituminous concrete binder course and one and one-half (1 ˝) inches of bituminous concrete surface course.
(4) Local Street pavements shall consist of one of the following:
(a) Portland cement concrete pavement not less than six (6) inches in thickness constructed on top of sub-base granular material not less than four (4) inches in thickness. The concrete pavement shall be reinforced with wire mesh pavement fabric, and have tie bars at all longitudinal joints, transverse contraction
and construction joints, and between the pavement and the concrete curb and gutter.
(b) Aggregate base course not less than seven (7) inches in thickness with one and one-half (1 ˝) inches of bituminous concrete binder course and one and one-half (1 ˝) inches of bituminous concrete surface course.
(c) Bituminous aggregate material (BAM) base course not less than five (5) inches in thickness with two (2) inches of bituminous concrete surface course.
(5) The aggregate base course or the bituminous aggregate material (BAM) base course shall be permitted to remain throughout one winter season before the bituminous surface is placed thereon. Following inspection of the base as to compaction and thickness by the administrative officer, he may, by authority in writing to the subdivider, waive the winter season waiting period. Compaction shall be based upon percent of optimum density.
(E) Alleys. Alleys, where permitted or required, shall be constructed with the materials and thickness specified for local streets.
(F) Utility Lines. Underground utilities in streets or rights-of-way or in easements shall be installed prior to the construction of such streets and/or alleys. Wherever possible, utilities will be placed in rear lot easements with street placement permitted in only the most unusual circumstances.
(G) Improvements to Existing Streets. Whenever any development abuts an existing street that is narrower than the standard indicated in Section 34-3-6, the subdivider shall dedicate sufficient right-of-way on the side abutting the development to permit compliance with those standards. The developer shall improve said street to the standards imposed at Section 34-3-6, and pay one-half (1/2) of the cost of said improvements. (Ord. No. 1319; 12-12-05)
34-3-7 STORM SEWERS AND OTHER DRAINAGE APPURTENANCES.
(A) Storm Sewers. In addition to the installation of curbs and gutters along the streets, as required by Section 34-3-6(C) of this Article, storm sewer systems may be constructed throughout the entire subdivision to carry off water from all inlets and catch basins, and shall be connected to an adequate outfall. Such sewers shall provide for an extension to land lying within the upland drainage area, whether such land is within the subdivision or not. Storm sewers shall be designed by the rational method to satisfactorily accommodate the storm water runoff incident to the ten (10) year design storm, and copies of the design computations shall be submitted with the plans. Inlets shall be provided so that surface water is not carried across or round any intersection, nor for a distance of more than six hundred (600) feet in the gutter. The storm water drainage system shall be separate and independent of the sanitary sewer system. Surface water drainage patterns shall be shown for each and every individual block.
(B) Consistency with Plans/Regulations. Drainage facilities shall be designed in conformation with all adopted local, regional, levee/sanitary district, State, and Federal plans and/or regulations.
(C) Accommodation of Upstream Drainage Areas. Drainage facilities large enough to accommodate potential runoff from the entire drainage area upstream from the proposed subdivision shall be provided. Potential runoff shall be determined on the basis of the maximum development of the upstream area that is permitted under the current zoning district regulations.
(D) Retention and Detention Basins. The rate of storm water runoff leaving the subdivision shall not exceed what would have occurred under natural, undeveloped conditions. The subdivider shall install storm water retention or detention facilities in the proposed subdivision designed to control the peak rate of discharge from the property for the two (2) year, 24-hour and 100-year, 24-hour storm events to discharge rates at or below those which existed prior to development. Additionally, the discharge from a storm water detention or retention facility shall not cause an increase in flooding or channel instability downstream when considered in aggregate with other developed properties and downstream drainage capacities. (Ord. No. 1319; 12-12-05)
34-3-8 PUBLIC UTILITY ENGINEERING REQUIREMENTS. All proposed water and sanitary sewer facilities shall comply with the minimum requirements and recommendations of the Illinois Environmental Protection Agency of the State of Illinois and the Administrator. When a proposed subdivision is reasonably accessible to a public sewer system and/or distribution system, the subdivider shall provide the subdivision with a complete sanitary sewer system and/or water distribution system to be connected to the proper public system(s).
34-3-9 SANITARY SEWERS.
(A) All sewer plans and installations shall conform to the standards and specifications set forth in “The Standard Specifications for Water and Sewer Main Construction in Illinois”, as established by the Illinois Society of Professional Engineers.
(B) Sanitary sewer lines shall be installed to serve all properties in the subdivision except subdivisions where individual sewage disposal systems are permitted by the City Council.
(C) Where sanitary sewer mains of larger capacity than necessary to serve the subdivision as delineated in the Preliminary Plan are required to serve the future growth in the vicinity of the subdivision, as determined by the City Council, the City shall then reimburse the subdivider for the difference in cost of the smaller size pipe and the larger size pipe. The larger size shall be determined by the City Council.
(D) Each lot in the subdivision shall be provided at the property line with a connection to the public sanitary sewer system. The construction of the sewer system shall conform to the approved plans and specifications and all work should be properly inspected and approved by the Administrator.
(E) All tap-in fees, if applicable, shall be paid in advance as prescribed in Chapter 38 of the City Code.
[NOTE: This prevents the street from being torn up after construction.]
34-3-10 WATER SYSTEM.
(A) All water main plans and installations, including all appurtenances thereto, shall conform to “The Standard Specifications for Water and Sewer Main Construction in Illinois”, as established by the Illinois Society of Professional Engineers.
(B) Water distribution facilities, including all pipe, fitting, hydrants, valves, vaults, etc., shall be installed to serve all properties within the subdivision.
(C) Where water mains of larger capacity then eight (8) inches are necessary to serve the subdivision as delineated in the Preliminary Plan are required to serve the future growth in the vicinity of the subdivision, as determined by the City Council, the City shall then reimburse the difference in cost of the smaller size and the larger size pipe. The larger size shall be determined by the City Council.
(D) The construction of the water system shall conform to the approved plans and specifications and all work shall be properly inspected and approved by the City Engineer. Water service line shall be extended to each lot in the subdivision prior to the City accepting the street(s) for maintenance.
(E) Fire hydrants shall be located and installed by the subdivider with the approval of the Fire Chief as part of the water distribution system. Installation of hydrants shall be accomplished in such a manner that each lot is within four hundred (400) feet of the fire hydrant when measured along the center line of the right-of-way. No fire hydrant shall be placed on a main smaller than six (6) inches in diameter. Hydrants installed shall be of the type approved by the Fire Chief. The mains shall be looped. Valves shall be provided at eight hundred (800) foot intervals. In addition, all water services shall be at least three-fourths (3/4) inch in diameter.
34-3-11 STREET NAMES AND SIGNS.
(A) Street Names. The names of new streets shall be sufficiently different in sound and spelling from the names of existing streets in the City to avoid confusion. A street which is planned as a continuation of an existing street shall bear the same name as the existing street.
(B) Street Name Signs. Street name signs shall be erected by the developer at all intersections within or abutting the subdivision with the approval of the Street Superintendent. Signs shall be embossed steel U.S. Standard Street Signs (or the equivalent thereof), measuring six inches by twenty-four inches (6” x 24”), with lettering at least four (4) inches high. All street name signs shall be mounted on two (2) inch diameter galvanized pipe set in concrete to a depth of at least three (3) feet and extending above the surface to a height of at least seven (7) feet.
34-3-12 PUBLIC UTILITIES: GAS, ELECTRIC, TELEPHONE AND CABLE TELEVISION.
(A) Telephone and Cable Television. All utility lines and cable television service lines shall be placed in the rear-line easements when carried on overhead poles.
34-3-13 SIDEWALKS.
(A) Concrete sidewalks not less than four (4) inches in thickness and four (4) feet in width may be constructed within the street right-of-way and adjacent to the property line.
(B)In the event a crosswalk is required in accordance with Section 34-2-14, a concrete sidewalk not less than four (4) inches in thickness and four (4) feet in width shall be constructed and at a grade no steeper than fifteen percent (15%) unless steps of adequate design are provided.
34-3-14 - 34-3-15 RESERVED.
DIVISION III - APPROVAL OF DESIGN PLANS
34-3-16 CHECKLIST. In order to qualify for approval, the engineering plans shall be accompanied by a properly executed checklist.
34-3-17 CHANGES OR REVISIONS. The Plan Commission may recommend or the City Council may require such changes or revisions as are deemed necessary in the interest and needs of the community.
34-3-18 APPROVAL, TENTATIVE. The Plan Commission may grant approval of the total required engineering plans by approval of plans covering only a portion of the land improvements (e.g., sanitary sewers and water) so as to facilitate immediate installations. This partial approval shall consist of a certificate on the plans covering each of the required improvements signed by the Plan Commission.
34-3-19 LETTER OF APPROVAL. Final approval of the complete set of engineering plans shall consist of a letter of approval from the Plan Commission, listing thereon:
(A) Type of improvement(s) covered by the plan.
(B) Name of designing engineer.
(C) Date of preparation and revision, if any.
ARTICLE IV - FINAL PLATS
DIVISION I - PROCEDURE
34-4-1 SUBDIVIDER.
(A) Within six (6) months after receiving approval of the engineering plans and specifications by the Plan Commission, or a period of time beyond six (6) months that may be granted by the City Council, there shall be submitted to the Administrator by the subdivider, the original drawing, one (1) transparency print and four (4) copies of the final plat, which shall also contain all required signed certifications other than signed certificates of approval by the Plan Commission, the City Council and the Administrator. It shall contain the necessary documents as may be necessary concerning the form of guarantees or performance bond to be used. The final plat shall retain the overall characteristics of the Preliminary Plan and may include all or part of the area shown on the Preliminary Plan.
The Administrator shall refer the original drawing and two (2) copies of the final plat to the Plan Commission, and one (1) copy of the final plat to the Superintendent of Utilities, at least ten (10) days prior to their next regularly scheduled meeting for recommendation as to final approval. In the event of a special problem, the Plan Commission shall notify the owner or subdivider as to the time and place of the Plan Commission meeting at which time he will be afforded an opportunity of being heard.
(B) Plan Commission Action. The Plan Commission shall review the Final Plat and plans and transmit their report of findings and recommendations to the City Council within thirty (30) days of the filing date of the Final Plat. The action of the Plan Commission, whether approval or disapproval of the Final Plat, as well as the date of said action, shall be noted in writing and attached to the Final Plat. If the Final Plat is disapproved, the reasons why shall be so stated.
(C) City Council Action. The City Council shall take action on the Final Plat within sixty (60) days from the date of the subdivider’s filing of the last required document or other paper or within sixty (60) days from the date of the subdivider’s filing application for approval of the Final Plat, whichever date is later, unless such time is extended by written mutual consent.
(D) Disapproval. If the Final Plat is disapproved by the City Council, the reasons for such action shall be noted in writing by resolution, stating the reasons for disapproval, specifying with particularity the aspects in which the Final Plat fails to conform with the City’s ordinances.
(E) Posting Performance Bond. If the Final Plat is approved by the City Clerk, the Final Plat shall be held by the City Clerk until such time the subdivider posts a performance guarantee bond as required by Division IV of this Article.
Upon receipt of said performance guarantee or bond, the Mayor shall affix his signature to the Final Plat and attach thereto a notation that the Final Plat has received final approval of the City Council; the Clerk shall attest the signature of the Mayor and affix the seal, and attach a certified copy of the City Council’s resolution of approval to the approved Final Plat. If such performance guarantee or bond is not posted by the subdivider within sixty (60) days from the date of approval of the Final Plat by the City Council, approval of such Final Plat shall expire and become null and void.
34-4-2 - 34-4-3 RESERVED.
DIVISION II - FINAL PLAT REQUIREMENTS
34-4-4 REQUIREMENTS - SUBDIVIDER. The Final Plat to be provided by the subdivider shall meet the following specifications:
(A) The Final Plat may include all or only a part of the Preliminary Plat which has received approval.
(B) The Final Plat shall be drawn on new linen tracing cloth, mylar or a polyester-based film with waterproof black ink to a scale of not greater than one hundred feet to one inch (100’ -= = 1”), provided, however, that if the resulting drawing would be over forty-two (42) inches square, a scale of up to two hundred feet to one inch (200’ = 1”) may be used.
(C) Four (4) black or blue line prints shall be submitted with the original tracing of the Final Plat, or in order to conform to modern drafting and reproductive methods, four (4) black or blue line prints and reproducible cloth or film positives of the Final Plat shall be submitted.
Prints filed with the City shall include: One (1) black or blue line print made after recording of the Final Plat and bearing the official stamp attesting the fact of the recording; and one (1) reproducible print or film positive of the Final Plat, as approved.
(D) All dimensions shall be shown in feet and decimals of a foot and/or meters.
(E) All surveys for a Final Plat shall be made under the active and personal direction of an Illinois Professional Land Surveyor, and the following basic information shall be shown:
(1) Accurate boundary lines with dimensions and bearings or angles which provide a survey of the tract, closing with an error of closure of not more than one (1) foot in five thousand (5,000) feet.
(2) Accurate distances and directions to the nearest established official monument. Reference corners shall be accurately described on the Final Plat.
(3) All elevations shall be referenced to the established datum and said reference shall be clearly stated on any plans or drawings showing such datum, provided that bench marks are located within a reasonable distance.
(4) Accurate metes and bounds description of the boundary and the included area of the subdivision to the nearest one-hundredth of an acre.
(5) Accurate locations of all existing and recorded streets intersecting the boundaries of the tract, shown by heavy solid lines.
(6) Right-of-way lines of streets, easements and other rights-of-way and property lines and areas of lots and other tracts, with accurate dimensions, bearings and curve data, including radii, arcs and chords, points of tangency, and central angles.
(7) Name and right-of-way width for each street or other right-of-way.
(8) Location, dimensions and purposes of any easement, shown by light, dashed lines.
(9) Number to identify each lot or site.
(10) Purpose for which sites, other than residential lots are dedicated or reserved.
(11) Lot dimensions and areas of each lot and building setback lines and dimensions.
(12) Location, type, material and size of all monuments and lot markers.
(13) Names of owners and mortgagees accepting said Plat with owner or owners personally signing all plans.
(14) Names of owners of record of adjoining unplatted lands.
(15) Reference to recorded subdivision plats within three hundred (300) feet of adjoining platted land by record name, date and number.
(16) Restrictions of all types which will run with the land and become covenants in the deeds for lots. Restriction lines should be shown by medium, dashed lines.
(17) Title or name of subdivision; Section, Township and Range numbers in which the subdivision is located; and north arrow, scale and date.
(18) Certification as required.
(19) The City Ward in which it is located.
34-4 5 - 34-4-7 RESERVED.
DIVISION III - APPROVAL OF FINAL PLAT
34-4-8 REQUIREMENTS OF FINAL PLAT. In order to qualify for approval, the Final Plat shall be accompanied by the following:
(A) A properly executed checklist.
(B) Detailed specifications for all required land improvements other than those specifications submitted and approved with the engineering plans.
(C) A copy of the Illinois Environmental Agency’s permit for the sanitary sewer installation.
(D) A copy of the Illinois Environmental Agency’s approval for the water main installation.
(E) An affidavit executed by the owner and/or subdivider accepting the responsibility for the installation of the improvements as shown on the approved engineering plans and covered by the specifications and permits required above. This affidavit shall include a stipulation by the subdivider of the installation of all land improvements in the presence of a registered engineer.
(F) A certified estimate of cost of all required land improvements prepared by a registered engineer.
(G) A description of the bond or guarantee collateral intended to be submitted as required in Division IV.
34-4-9 - 34-4-10 RESERVED.
DIVISION IV - GUARANTEES
34-4-11 GUARANTEES TO CITY. After the City Council has approved the Final Plat with respect to the above qualifications, the subdivider shall be so notified by the Administrator. Final approval and signature by the Mayor and the Administrator shall be contingent upon the receipt by the City of guarantee by the owner and/or subdivider to the City for the completion of all land improvements yet remaining to be installed. Within sixty (60) days of the approval of the Final Plat, one of the following shall be completed:
(A) Deposit with the City a subdivider’s bond in the amount of the estimated cost of the land improvements; said bond need never exceed one and one-half (1 1/2) times the estimated cost of the improvements remaining to be completed; or
(B) Deposit with the City cash in the amount of the estimated cost of the land improvements; said amount of cash need never exceed one and one-half (1 1/2) times the estimated cost of the improvements remaining to be completed. Subdivider shall execute “an undertaking in lieu of a bond” provided for in Section 34-6-1 and an “irrevocable commitment” from a financial institution as provided for in Section 34-6-1; or
(C) Deposit with the City a lien to be recorded in the County Recorder’s Office on all property being subdivided, with the provision that partial release may be obtained when the loaning company executes with the City an agreement to withhold one and one-half (1 1/2) times the estimated cost of the land improvements yet remaining to be installed, in escrow, until such time as all land improvements have been completed and accepted by the City. All expenses incurred in determining the amounts apportioned against the land and the cost of releasing each lot or tract shall be paid by the subdivider; or
(D) Deposit with the City other collateral equivalent to one and one-half (1 1/2) times the estimated cost of land improvements yet remaining to be installed, such collateral to be approved by the City Council.
34-4-12 CONSTRUCTION TIME CONSTRAINTS. All required land improvements shall be installed and completed within a period of two (2) years after the recording of the Final Plat. Failure of the subdivider to complete all of the improvements within this two (2) year period shall result in forfeiture of the guarantee collateral unless an extension of time is requested by the subdivider and granted by the City Council. In the event of failure to complete the improvements in the required period, as stated above, the City Council may direct that no further building permits be issued for property in such subdivision pending satisfaction of the City Council in regard to the status of the required land improvements.
34-4-13 INSPECTION. All required land improvements to be installed under the provisions of this Chapter shall be checked during the course of construction, by or at the direction of the Administrator or a designated representative.
The cost of any re-inspection of any required land improvement found to be faulty or not in accordance with the approved plans and specifications shall be paid by the subdivider to the City. The testing of any concrete, asphalt, soil, or other materials and workmanship shall be done at the direction of the City and at the expense of the subdivider.
34-4-14 RELEASE OF BOND. The subdivider’s bond or guarantee collateral shall be released only upon fulfillment of the following conditions:
(A) The completion of all required land improvements.
(B) The submission of four (4) copies of acceptable “as-built” drawings of all land improvements.
(C) An affidavit to the effect that:
(1) All materials, labor, and other costs have been paid, or arrangements have been made for payment so as to hold the City free from any obligations for payment of any costs of the land improvements, and
(2) That the subdivider accepts responsibility for the maintenance and repair of all land improvements for one (1) year after the date of the acceptance resolution by the City Council.
(D) Final Acceptance, by resolution of the City Council of all land improvements.
ARTICLE V - ADMINISTRATION
34-5-1 ENFORCEMENT OFFICER - DUTIES. The Administrator referred to herein as the “Administrator” is hereby authorized and directed to administer and enforce the provisions of this Code. This broad responsibility encompasses, but is not limited to, the following specific duties:
(A) To review and forward preliminary and final plats to the Plan Commission;
(B) To transmit improvement plans to the City Engineer for his review;
(C) To issue stop orders as necessary when the City Engineer determines that approved improvements are being constructed in violation of this Code;
(D) To pursue actions authorized in this Code when a developer fails to complete required improvements;
(E) To evaluate and make decisions concerning proposed minor changes in approved final plats;
(F) To review and forward applications for subdivision variances to the Plan Commission;
(G) To periodically review the provisions of this Code to determine whether revisions are needed, and to make recommendations on such matters to the Plan Commission as necessary;
(H) To maintain up-to-date records of matters pertaining to this Code, including, but not limited to, preliminary plats, as-built records of completed improvements, final plats, variances, and amendments; and
(I) To provide information to subdividers/developers and to the general public on matters related to this Code.
34--5-2 SUBDIVISION VARIANCES. Any subdivider/developer desiring a variance from the requirements of this Code shall file a written application therefor with the Administrator at the same time that he files his Preliminary Plat. The application shall fully explain the grounds for the variance request, and specify the section(s) of this Code which, if strictly applied, would cause great practical difficulties or hardship. The Administrator shall prepare an advisory report on variance application and submit it, together with the completed application to the Plan Commission.
(A) Review By Plan Commission. The Plan Commission shall review the variance application and the Administrator's comments, and submit their advisory report to the City Council, together with their recommendation on preliminary plat approval. The Plan Commission's advisory report shall be responsive to all the variances standards set forth in paragraph (B) below.
(B) Action By City Council - Variance Standards. At the same meeting at which they take action on the application for preliminary plat approval, the City Council shall decide by resolution whether to grant or deny the requested subdivision variance. A copy of their decision, clearly stating their reasons therefor and the exact terms of any variance granted shall be attached to both the preliminary and final plats. The City Council shall not grant any subdivision variance unless, based upon the information presented to them, they determine that:
(1) the proposed variance is consistent with the general purposes of this Code; and
(2) strict application of the subdivision design and improvement requirements would result in great practical difficulties or hardship to the applicant, not a mere inconvenience; and
(3) the proposed variance is the minimum deviation from the subdivision requirements that will alleviate the difficulties/hardship; and
(4) the plight of the applicant is due to peculiar circumstances not of his own making; and
(5) the peculiar circumstances engendering the variance request are not applicable to other tracts and, therefore, that a variance would be a more appropriate remedy than an amendment; and
(6) the variance, if granted, will not substantially impair implementation of the City Community Plan, including the Official Map.
34-5-3 AMENDMENTS. Amendments to this Code may be proposed by the Administrator, any member of the City Council, any Plan Commission member, or any party in interest. Every amendment proposal shall be filed on a prescribed form in the Administrator's office. The Administrator shall promptly transmit each proposal, together with any comments or recommendations he may wish to make to the Plan Commission.
34-5-4 ADVISORY REPORT - ACTION BY CITY COUNCIL. Within a reasonable time the Plan Commission shall submit an advisory report to the City Council. The City Council shall act on the proposed amendment at their next regularly scheduled meeting following submission of this report. The City Council may either pass or reject the proposed amendment or may refer it back to the Plan Commission for further consideration.
34-5-5 SCHEDULE OF FEES. All fees indicated in tabular form below shall be paid to the City Clerk. The fees are intended to defray the administrative costs connected with the processing/conducting of the listed item; they do not constitute a tax or other revenue-raising device. None of the below listed documents shall be accepted for filing, nor shall any inspection hereunder be performed, until such time as the corresponding fee is paid in full.
PROCEDURE FEE
Filing preliminary plat $100.00 + $20.00/lot
Filing improvement plans $250.00 + $30.00/lot
Improvement inspection 2 ˝% of est. construction cost
Filing final plat $100.00 + $10.00/lot
Filing variance request $100.00
Filing amendment proposal $100.00
Filing minor subdivision $250.00
(Ord. No. 1319; 12-12-05)
34-5-6 RECORDING. The City Clerk shall not accept a Final Plat for filing with the County Recorder of Deeds unless the following conditions are met:
(A) The Final Plat conforms to all requirements specified by the City Council as conditions of approval.
(B) The Final Plat meets the design standards and engineering specifications set forth herein.
(C) The Final Plat meets all requirements of the laws of the State of Illinois.
(D) The subdivider or applicant establishes sufficient proof of his intent and ability to post a guarantee or performance bond or bonds with the City as required by Section 34-4-11 to the estimated construction cost of all improvements intended to be dedicated to the City for maintenance and operation.
No subdivision Plat or Re-plat of land within the jurisdiction of the City shall be filed for record or recorded in the Office of the County Recorder of Deeds, unless and until the approval of the City Council is endorsed thereon by the City Clerk.
No lot shall be sold for such subdivision Plat or Re-plat until it has been approved by the City Council and filed for record in the Office of the County Recorder of Deeds as herein provided.
The developer shall file the approved Final Plat and ordinance with the County Recorder of Deeds not more than thirty (30) days from the date of posting of and not prior to the posting of the performance guarantee or bond as required by Section 34-3-11 and 34-4-12; two (2) copies of such Final Plat and ordinance shall be kept on file by the City Clerk; one (1) such copy filed with the Administrator; and one (1) copy shall be returned to the subdivider.
The City Council shall not permit any public improvements under its jurisdiction to be constructed or maintained within an area that has been subdivided after the adoption of this Code unless such subdivision has been approved in accordance with the requirements contained herein.
No Building Permit shall be issued by the Administrator, City or County for the construction of any building, structure or improvement to the land or any lot within the subdivision as defined herein, until all requirements herein have been fully complied with.
34-5-7 VACATION OF PLATS. In accordance with State law, any plat or part thereof may be vacated by the owner of the tract, at any time before the sale of any lot therein, by a written vacation instrument to which a copy of the plat is attached. If there are public service facilities in any street, other public way, or easement shown on said plat, the instrument shall reserve to the City or other public entity or public utility owning such facilities, the property, rights of way, and easements necessary for continuing public service by means of those facilities and for maintaining or reconstructing the same. The vacation instrument shall be approved by the City Council in the same manner as plats of subdivision and shall also be approved by the County Superintendent of Highways, the Highway Commissioner of the appropriate township, and the public utilities involved. In the case of the platted tracts wherein any lots have been sold, the written vacation instrument must also be signed by all the owners of lots in said tracts. (See 765 ILCS Sec. 205/6, 205/7 and 205/8)
34-5-8 MAINTENANCE OF IMPROVEMENTS.
(A) The subdivider/developer shall maintain all the improvements in the subdivision until they have been accepted by and dedicated to the City or other appropriate entity.
(B) Prior to the dedication, the subdivider/developer shall post a maintenance bond with the City Clerk in the form approved by the City Attorney.
The bond shall be in the amount determined by the City Engineer to be sufficient to guarantee the satisfactory condition of the required improvements for a period of one (1) year from the date of their acceptance and dedication. If at any time during the one (1) year period, the improvements are found to be defective, they shall be repaired/replaced at the subdivider’s/developer’s expense. If the subdivider/developer fails or refuses to pay such costs within ninety (90) days after demand is made upon him by the Administrator, the City shall use the maintenance bond to make the necessary repairs/replacements.
If the cost of the repairs/replacements exceeds the bond amount, the subdivider/developer shall be liable for the excess. At the end of the one (1) year period, the maintenance bond shall be released.
ARTICLE VI - BONDS
34-6-1 CASH BOND. The Plan Commission may permit a developer to file in lieu of the surety bond called for in Article IV, Division IV, a cash bond guaranteeing that the improvements will be completed as follows:
(A) Undertaking in Lieu of Completion Bond.
WHEREAS, the statutes of the State of Illinois grant to a municipal corporation the right to require that a developer constructing certain improvements within that community guarantee the construction of such improvements by a completion bond or other security acceptable to the community; and WHEREAS, desires to construct a residential development within the of , and that said municipality is willing to accept an undertaking from a financial institution in the nature of an irrevocable commitment in lieu of such completion bond.
NOW, THEREFORE, are the following representations made by the owner and/or developer to the of , as follows:
1. THAT is the owner and/or developer of the property legally described in Clause 2 of this undertaking, and shall hereinafter be referred to as “OWNER”; and, THAT the of shall hereinafter be referred to as “MUNICIPALITY”.
2. THAT THE OWNER is the legal title holder of the following described property:
[LEGAL DESCRIPTION]
3. THAT THE OWNER shall be required to install and guarantee the installation of streets, sidewalks, street lights, sanitary sewers, storm sewers, water lines, recreational facilities (including structures), and common landscaping. In order to guarantee that such facilities shall be installed, the OWNER shall submit to the municipal engineer such specifications and estimated engineering costs as shall be required to meet with his approval. In aiding the municipal engineer in determining the amount of reasonably anticipated costs for the construction of such improvements, the OWNER may submit to the engineer signed contracts for the construction of such improvements. The municipal engineer, upon being satisfied that the design of the required improvements are in accordance with the ordinances of the MUNICIPALITY and in accordance with good engineering practices, shall estimate and certify an amount which shall represent one hundred ten percent (110%) of the reasonably estimated cost of completing the required improvements for which the MUNICIPALITY is requiring a completion guarantee.
4. [THAT except for the issuance of building permits for a reasonable number of models], the OWNER shall not be entitled to the issuance of [further] building permits until and unless said OWNER shall submit to the MUNICIPALITY an irrevocable financial commitment from a bank, savings and loan, or mortgage company approved by the MUNICIPALITY in the amount certified by the Municipal Engineer.
5. THAT the written irrevocable financial commitment shall be issued in favor of the MUNICIPALITY from a banking or lending institution in a form to be approved by the City Council and substantially similar to the form marked Appendix “A” and appended to this agreement. (Ord. No. 1249; 06-14-04)
6. THAT THE OWNER guarantees the workmanship of the public improvements to be installed upon the site for a period of one (1) year after their donation to the MUNICIPALITY . Upon final completion of the streets, sidewalks, street lights, sanitary sewers, storm sewers, and water mains, the OWNER shall execute a Bill of Sale for those items which are personal property. For a period of one (1) year after the granting of the Bill of Sale in the case of personal property, and the acceptance for maintenance in the case of streets and sidewalks, all necessary repairs to such facilities shall be the responsibility of the OWNER.
IN WITNESS WHEREOF has hereunto set his hand and seal this day of , 20 .
(OWNER)
APPROVED by the of this day of , 20 .
BY:
(MUNICIPALITY)
(B) [Letterhead of Bank, Savings and Loan or Mortgage House]
, 20
GENTLEMEN:
We hereby establish our irrevocable credit in favor of [developer] , or the municipality of in the amount of Dollars ( ). We understand that this irrevocable credit is to be used to construct the following improvements in the residential development known as to be constructed within the , Illinois:
streets; sidewalks; street lights; the portion of sanitary sewers, storm sewers, and water mains to become municipality-owned; recreational facilities (including a recreational building and a swimming pool and appurtenances thereof); and landscaping in common areas.
The development is legally described as follows:
[Legal Description]
We shall make payouts from this irrevocable commitment as follows:
If we have not been notified by the municipality of a default by the owner and/or developer, we shall disburse the funds for labor and materials furnished by contractors in accordance with the sworn statement on order of the owner, the submission of proper lien waivers from the contractors engaged in such work, and the certificate by the Municipal Engineer, [his name] that such work has been properly completed, however, that we shall withhold from each payment made under such sworn statement(s) or order(s) an amount equal to ten percent (10%) thereof until all improvements have been completed except final surfacing of the streets and sidewalks, at which time the ten percent (10%) sum withheld shall be disbursed less a sum equal to one hundred twenty-five percent (125%) of the cost of the final surfacing of the streets, which sum shall be finally disbursed when the work has been completed and the requirements of certification and lien waivers as has been hereinabove set out have been met.
The required improvements shall be completed in accordance with the following schedule: [Insert Schedule]
If we receive a resolution of the corporate authorities of the municipality indicating that the owner and/or developer has failed to satisfactorily complete or carry on the work of the installation and construction of the required improvements, and such resolution indicates that the owner and/or developer has been notified that the municipality finds that a breach of the owner's and/or developer's obligations has occurred and have not been cured within a period of thirty (30) days, that in such case, we shall make payments for materials and labor to such contractor(s) or subcontractor(s) retained by the municipality who have com pleted the improvements in substantial accordance with the plans and specifications of the owner and/or developer; such payments shall be made upon the certification of the municipal engineer that the work has been completed and the submission of proper waiver of liens from the contractor(s) or subcontractor(s). The amount of the payouts shall be in accordance with the retention provisions as previously set out.
The irrevocable credit established by us shall be in force for a period of years, and shall remain in effect without regard to any default in payments of sums owned by us by the owner and/or developer and without regard to other claims which we may have against the owner and/or developer. Sixty (60) days prior to the expiration of this irrevocable credit we shall notify the corporate authorities of the municipality, by regis tered letter, return receipt requested, of the impending expiration date. This commitment shall not terminate without such notice. If the work covered by this commitment has not been completed within the time set forth in this agreement, the munici pality may, at its option, continue drawing funds as otherwise provided for an additional period of one (1) year. It is recog nized that the municipality is according to the owner and/or developer the permission to proceed with the development project expressly upon the guarantee of the irrevocable nature of this commitment. It is further acknowledged that the consideration for this irrevocable commitment is provided by agreements between this financial institution and the developer. The sum of this credit shall, however, be reduced in the amount of disbursements made from time to time in accordance with the terms under which this credit is extended as set out above.
© Copyright 2005 by the City of Staunton, Illinois
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