Village of Malta

120 S. Third Street, Malta IL. 60150 815-825-2330

Subdivision Code

 

 

  Chapter 54

 

SUBDIVISIONS*

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*             Editors Note: The appendix exhibit, containing various forms, certificates and checklists, referred to throughout this chapter, is not printed in this volume, but is on file in the village offices.

                Cross References: Any ordinance dedicating or accepting any plat or subdivision in the village saved from repeal, § 1-16(a)(10); buildings and building regulations, ch. 18; streets, sidewalks and other public places, ch. 50; utilities, ch. 66; zoning, ch. 70.

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 Article I. In General

Sec. 54-1. Purpose of chapter.

Sec. 54-2. Jurisdiction of chapter provisions.

Sec. 54-3. General regulations.

Sec. 54-4. Minimum requirements.

Sec. 54-5. Effect of conflicts.

Sec. 54-6. Effect of private agreements.

Sec. 54-7. Effect of boundary agreements.

Sec. 54-8. Rules of construction.

Sec. 54-9. Definitions.

Secs. 54-10--54-40. Reserved.

 

 Article II. Administration

Sec. 54-41. Variations and exceptions.

Sec. 54-42. Fees.

Sec. 54-43. Permits for utility services.

Sec. 54-44. Occupancy permit.

Secs. 54-45--54-80. Reserved.

 

 Article III. Subdivision Plat Procedures

Sec. 54-81. Exceptions.

Sec. 54-82. Preapplication/concept.

Sec. 54-83. Preliminary plans.

Sec. 54-84. Improvement plans.

Sec. 54-85. Final plan.

Sec. 54-86. Completion and acceptance of improvements.

Secs. 54-87--54-120. Reserved.

 

 Article IV. Required Improvements

Sec. 54-121. General requirements.

Sec. 54-122. Sanitary sewers.

Sec. 54-123. Stormwater runoff control.

Sec. 54-124. Water mains.

Sec. 54-125. Street and right-of-way improvements.

Sec. 54-126. Sump pump discharge line.

Sec. 54-127. Monuments and markers.

Sec. 54-128. Other utility services.

Sec. 54-129. Sidewalks.

Sec. 54-130. Landscaping.

Sec. 54-131. Trees.

Sec. 54-132. Street and regulatory signs.

Sec. 54-133. Streetlights and marking.

Sec. 54-134. Mailboxes.

Sec. 54-135. Inspection of improvements.

Secs. 54-136--54-170. Reserved.

 

 Article V. General Design Standards

Sec. 54-171. Standard of design and required improvements.

Sec. 54-172. Streets.

Sec. 54-173. Alleys.

Sec. 54-174. Easements.

Sec. 54-175. Blocks.

Sec. 54-176. Lots.

Sec. 54-177. Building setback lines.

Sec. 54-178. Scenic features.

Secs. 54-179--54-210. Reserved.

 

 Article VI. Dedication of Park Lands and School Sites or Payment of Fees in Lieu Thereof

Sec. 54-211. Required.

Sec. 54-212. Criteria for requiring park and recreation land dedication.

Sec. 54-213. Criteria for requiring school site dedication.

Sec. 54-214. Criteria for requiring a contribution in lieu of park and school sites.

Sec. 54-215. Criteria for requiring dedication of a fee or a cash contribution.

Sec. 54-216. Density formula.

Sec. 54-217. Reservation of additional land.

Sec. 54-218. Combining with adjoining developments.

Sec. 54-219. Topography and grading.

Sec. 54-220. Application to other uses.

Sec. 54-221. Improved sites.

Sec. 54-222. Interest earned or contributions.

Sec. 54-223. Obtaining cash contributions.

Sec. 54-224. Time for conveyance of dedicated lands and payment of fees in lieu thereof.

Secs. 54-225--54-260. Reserved.

 

 Article VII. Floodplains

Sec. 54-261. Prohibition of development.

Sec. 54-262. Variance.

 

  ARTICLE I.

 

IN GENERAL

 

Sec. 54-1. Purpose of chapter.

 

This chapter is adopted for the following objectives:

 

            (1)        To promote the public health, safety, and general welfare; to conserve, protect and enhance property and property values; to secure the most efficient use of land; and to facilitate the adequate but economical provisions of public improvements.

 

            (2)        To provide the orderly growth and development; to afford adequate facilities for the safe and efficient means for traffic circulation of its population; and to safeguard the public against flood damage.

 

            (3)        To prescribe reasonable rules and regulations governing the subdivision and platting of land; the preparation of plats; the location, width and course of streets and highways; the installation of utilities, street pavements, and other essential improvements; and the provision of necessary public grounds for schools, parks, playgrounds, and other public open spaces.

 

            (4)        To establish procedures for the submission, approval, and recording of plats; and to provide the means for enforcement of this chapter and penalties for violations.

(Ord. of 12-14-1994, § 1-1)

 

Sec. 54-2. Jurisdiction of chapter provisions.

 

The regulations set forth in this chapter shall be applicable to all subdivisions and resubdivisions of unimproved land and areas subject to redevelopment within the corporate limits of the village and all contiguous unincorporated territory not more than 1 1/2 miles beyond the corporate limits of the village and not included in any other municipality.

(Ord. of 12-14-1994, § 1-2)

 

Sec. 54-3. General regulations.

 

            (a)        Whenever any subdivision of land shall hereafter be laid out, the subdivider thereof or his agent shall submit both a preliminary and a final subdivision plat to the plan commission, such plats and plans of proposed improvements, and all procedures relating thereto, to be in full compliance with the regulations of this chapter.

 

            (b)        Until plats and plans for the subdivision are certified and approved by the village board of trustees in writing:

 

            (1)        No land shall be subdivided or filed for record, nor any street laid out, nor any improvements made to the land.

 

            (2)        No lot, tract or parcel of land within any subdivision shall be offered for sale, nor shall any sale, contract for sale, or option be made or given.

 

            (3)        No improvements such as sidewalks, water supply, stormwater drainage, sewer facilities, gas service, electric service or lighting, or grading, paving or surfacing of streets shall be made within any such subdivision by any owner or his agent, or by any public service corporation at the request of such owner or his agent.

 

            (c)        No plat will be approved for a subdivision of land which is subject to periodic flooding or which contains such poor drainage facilities as would make adequate drainage of the planned lots and streets unfeasible; however, if the subdivider agrees to make improvements which will, in the opinion of the village engineer, make the area safe for residential occupancy and provide adequate lot and street drainage, the plat of subdivision may be approved notwithstanding such periodic flooding or poor drainage.

 

            (d)        In all subdivisions, due regard shall be given to the preservation of historical sites and natural features such as large trees, watercourses, and scenic view.

 

            (e)        All interpretations of the rules and regulations of this chapter are reserved to the administrative bodies referred to in this chapter.

 

            (f)         The village board of trustees may vary and make exceptions as set forth in this chapter in instances where any other reasonable deterrents prevail.

(Ord. of 12-14-1994, § 1-3)

 

Sec. 54-4. Minimum requirements.

 

In interpreting and applying the provisions of this chapter, the requirements in this chapter shall be held to be the minimum requirements for the promotion and effectuation of the purposes of this chapter.

(Ord. of 12-14-1994, § 1-4(A))

 

Sec. 54-5. Effect of conflicts.

 

Where the conditions or requirements imposed by any provision of this chapter upon the use of land are more restrictive than comparable conditions or requirements imposed by any other provision of this chapter or of any other law, ordinance, rule, or regulation of any kind, the provisions of this chapter shall control.

(Ord. of 12-14-1994, § 1-4(B))

 

Sec. 54-6. Effect of private agreements.

 

This chapter is not intended to abrogate any easement, covenant, or any other private agreement which imposes greater restrictions or requirements than those imposed by this chapter. Where the restrictions or requirements of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants, or other, this chapter shall control.

(Ord. of 12-14-1994, § 1-4(C))

 

Sec. 54-7. Effect of boundary agreements.

 

This chapter is not intended to abrogate any boundary agreement between the village and any other municipality. If an unincorporated area within 1 1/2 miles of the village's corporate limits may be the subject of such a boundary agreement, the boundary agreement shall take precedence in establishing jurisdiction over such unincorporated areas.

(Ord. of 12-14-1994, § 1-4(D))

 

Sec. 54-8. Rules of construction.

 

The language set forth in the text of this chapter shall be interpreted according to the following rules of construction:

 

            (1)        The singular number includes the plural, and the plural the singular.

 

            (2)        The present tense includes the past and future tenses and the future the present.

 

            (3)        The terms "shall" and "will" are mandatory and not discretionary.

 

            (4)        The term "may" is permissive.

 

            (5)        The masculine gender includes the feminine and neuter.

 

            (6)        The term "lot" shall include the terms "plot," "piece," and "parcel."

 

            (7)        Whenever a word or term defined in section 54-9 appears in the text of this chapter, its meaning shall be construed as set forth in such definition.

(Ord. of 12-14-1994, § 1-4(E))

 

Sec. 54-9. Definitions.

 

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

 

Alley means a public right-of-way along the side or in the rear of properties which affords only a secondary means of vehicular access to abutting property.

 

Block means a tract of land bounded by streets or a combination of one or more streets and parks, cemeteries, railroad rights-of-way, bulkhead lines or shorelines of waterways, corporate boundary lines or other lines of demarcation.

 

Building means any structure designed, built, or intended for the support, enclosure, shelter, or protection of persons, animals, chattel, or property of any kind.

 

Building line means a line nearest the front of and across a lot, establishing the minimum open space to be provided between the front line of the building and the front lot line. The front line of porches, vestibules, balconies and other obstructions if nearer the front lot line shall be controlling.

 

Building setback line means a line within a lot or other parcel of land, so designated on the plats of the proposed subdivision, between which line and the adjacent boundary of the street upon which the lot abuts, the erection of a building is prohibited.

 

Crosswalk means a public right-of-way located across a block to provide pedestrian access to adjacent streets, alleys or parks.

 

Cul-de-sac means a local street which has only one outlet and which is permanently terminated with a vehicle turnaround at the closed end.

 

Easement means a recorded grant by a property owner for the use of a designated parcel of land, as distinct from ownership of the land. Such use shall be granted to the public or a particular person for a specific purpose.

 

Frontage road means a right-of-way being a roadway street, thoroughfare or highway, not an alley or pedestrian way, which runs adjacent to another right-of-way, street, thoroughfare or highway which may or may not provide access to such adjacent right-of-way but which does give access to an area or neighborhood on the opposite side of such right-of-way from the adjacent right-of-way.

 

Gross land area means the entire area of a development, including lots, streets, and alleys, and measured to the centerline of any bounding streets.

 

House utility services means the portions of piping running from a utility service main to serve individual parcels of property, including the sewer and water service.

 

Land improvement means all required on-site and off-site subdivision improvements including, but not limited to, any sanitary sewage system, water distribution system, storm drainage systems, public utility systems, sidewalk systems, public or private streets, street lighting, street signs, grading and drainageway facilities, pedestrian ways and retention and detention basins.

 

Lot means a parcel or portion of land in a subdivision or a plat of land, separated from other parcels or portions by description, as on a subdivision or record of survey map, or by metes and bounds for the purpose of sale or lease to, or separate use of, another.

 

Lot, corner, means a lot abutting upon two or more streets at their intersection.

 

Lot, double frontage, means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

 

Lot of record means a parcel of land whose existence, location and dimensions have been legally recorded in a deed or on a plat.

 

No-access strip means a land area at least 12 feet wide along the rear lot line of a double frontage lot and abutting a thoroughfare within which no vehicular driveways shall be permitted.

 

Official plan means the composite of the functional and geographic elements of the comprehensive plan, or any segment thereof, in the form of plans, maps, charts, text of reports and the official map, as adopted by the village.

 

Owner means any person, group of persons, firm, association, partnership, private corporation, public or quasipublic corporation, or a combination of any of them, or other legal entity having legal title to the land sought to be subdivided under the provisions of this chapter.

 

Parkway means a strip of land situated within the dedicated street right-of-way and located between the roadway and right-of-way line or a median located between the roadways.

 

Pavement width means the paved portion of a street right-of-way, measured as the distance from the back of the curb to the back of the curb.

 

Pedestrian way means a right-of-way across or within a block and designated for pedestrian use.

 

Plan commission means the plan commission of the village.

 

Plan, concept, means a tentative map or drawing which indicates the subdivider's proposed layout of a subdivision, including a site plan indicating existing off-site roadway connections.

 

Plan, final, means the final plat plus all accompanying information required by this chapter.

 

Plan improvements means the drawing of all required land improvements prepared by a state registered professional engineer and all accompanying information as required in this chapter.

 

Plan, preliminary, means the preliminary plat plus all accompanying information required by this chapter.

 

Planned unit development means a special use and subdivision and a parcel of land or contiguous parcels of land in single ownership or unified control, to be developed as a single entity, the character of which is compatible with adjacent parcels, and the intent of the zoning district in which it is located. The developer may be granted relief from specific land use regulations and design standards in return for assurances of an overall quality of development, including any specific features which will be of benefit to the village as a whole and would not otherwise be required by village ordinance.

 

Plat, final, means the final map drawing or chart on which the subdivider's layout of a subdivision is presented to the village board for approval and which, if approved, will be submitted to the county recorder for recording.

 

Plat, preliminary, means a tentative map or drawing which indicates the subdivider's proposed layout of a subdivision including all proposed improvements.

 

Project engineer means the engineer contracted by the subdivider to provide professional engineering services for the proposed improvements.

 

Public works supervisor means the public works supervisor of the village or duly authorized representative.

 

Right-of-way means a strip of land dedicated to the public for access purposes including, but not limited to, streets, alleys and pedestrian ways and which may include surface access by vehicles or pedestrian overhead access, when permitted, for utilities and underground access for sewers and utilities.

 

Roadway means the portion of the street right-of-way available for vehicular traffic, including all curb and gutter facilities.

 

Sidewalk means that portion of a street right-of-way or pedestrian way paved or otherwise surfaced and intended for pedestrian use only.

 

Standard specifications for improvements means written specifications for improvements within the village as promulgated by the village engineer and adopted by the village board by resolution.

 

Street means a public or private right-of-way which provides for access to abutting property or to other streets. The term "street" refers to the entire public right-of-way which has been dedicated along one or more exterior property lines of a subdivision.

 

Street, collector, means a street which carries traffic from local streets to major streets.

 

Street, local residential, means a street of limited continuity used primarily for access to abutting residential properties and to serve local needs of a neighborhood. Local residential streets include all culs-de-sac.

 

Street, major, means a street of considerable continuity which serves or is intended to serve as a major traffic artery connecting areas.

 

Street, marginal access, means a street which is parallel and adjacent to highways, major streets or collector streets and which provides access to abutting properties and protection to local traffic from fast, through-moving traffic on the highways, thoroughfares and collector streets not unlike a frontage road.

 

Street width means the shortest distance between the right-of-way lines of a given street, as distinguished from pavement width.

 

Subdivider means any person, firm, association, partnership, corporation, or combination thereof commencing proceedings under the subdivision regulations of this chapter.

 

Subdivision means the division of any parcel of land shown on the last preceding transfer of ownership thereof as a unit or as part of a unit or as contiguous units into two or more parts, any one of which is less than five acres, or more than five acres which involves any new streets or easements of access for the purpose, whether immediate or future, of transferring ownership or possession or for the purpose of residential, commercial, manufacturing industrial development or other building development.Where appropriate to the context, the term shall relate to the process of subdividing or to the land subdivided, and shall include resubdivisions.

 

Thoroughfares means a major street or collector street; a street with a high degree of continuity and serving as a principal trafficway between the various districts of the village and its environs.

 

Village engineer means the village engineer or duly authorized representative.

 

Wetlands means lands which are transitional between terrestrial and aquatic systems, and in which the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this classification, wetlands must have one or more of the following three attributes:

 

            (1)        At least periodically, the land supports predominantly hydrophytes;

 

            (2)        The substrata is predominantly undrained hydric soil; and

 

            (3)        The substrata is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year.

 

Zoning administrator means the officer charged by law with the administration and enforcement of the zoning code, or the duly authorized representative of such official.

(Ord. of 12-14-1994, § 1-4(F))

                Cross References: Definitions generally, § 1-2.

 

Secs. 54-10--54-40. Reserved.

 

  ARTICLE II.

 

ADMINISTRATION*

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*             Cross References: Administration, ch. 2.

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Sec. 54-41. Variations and exceptions.

 

            (a)        Procedures. Any applicant for preliminary plan approval or final plan approval may submit a request, in writing, to the village clerk for variations or exceptions from the regulations of this chapter. Variations may be granted by the village board upon the recommendation of the plan commission, provided that the variation does not pertain to requirements of the zoning and building ordinances. In granting any variation, the plan commission may recommend and the village board may prescribe such conditions deemed necessary or desirable for the public interest.

 

            (b)        Standards. No variations or exceptions to this chapter shall be recommended or granted unless the plan commission shall find that all of the following conditions are met:

 

            (1)        Because of the shape, topography, or other physical conditions of the proposed subdivision or its surroundings, a hardship or practical difficulty would be caused by strict compliance with the requirements of this chapter, and/or the purposes of the requirements of this chapter would be served to a greater extent by an alternative design.

 

            (2)        The conditions upon which the request for a variation is based are unique to the subject property and have not been created by the applicant or any other person having an interest in the subject property.

 

            (3)        Granting the variation will not be detrimental to the public health, safety and welfare and will not be injurious to other property or improvements in the neighborhood in which the subject property is located.

 

            (4)        The variation granted is the minimum adjustment necessary for the reasonable use of the land.

 

            (c)        Factors to be considered. In making its findings as required in this section, the plan commission shall take into account the nature of the proposed use of land in the vicinity, the number of persons to reside and/or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity.

(Ord. of 12-14-1994, § 7-1)

 

Sec. 54-42. Fees.

 

            (a)        Filing fees.

 

            (1)        Filing fees for subdivisions are as follows:

 

                        a.         One to 20 lots: $200.00.

 

                        b.         More than 20 lots: $200.00, plus $10.00 for each lot in addition to 20 lots.

 

            (2)        Fees for planned unit developments are as follows:

 

                        a.         Less than 20 acres: $200.00.

 

                        b.         Twenty acres or more: $200.00, plus $10.00 for each acre in addition to 20 acres (any fraction of an acre less than 0.5 shall be disregarded, and any fraction of 0.5 or more shall be counted as one acre).

 

            (b)        Fees and expenses to be reimbursed at subdivider's expense.In addition to the administrative filing fee, subdividers shall pay and reimburse the village for any and all expenses and fees directly or indirectly incurred and charged to the village by the retained personnel of the village as follows:

 

            (1)        Retained personnel shall be defined as any engineer, attorney, planner, economist, or other technical, professional or other expert paid and retained by the village to assist or advise the village, directly or indirectly, in planning, reviewing, evaluating, advising, approving, inspecting, or accepting any subdivision by the village.

 

            (2)        Plan and document review: The village shall require the subdivider to deposit into a specified account the following amounts for:

 

                        a.         Up to five acres: $1,000.00.

 

                        b.         Five acres or more: $2,500.00.

 

The acreage shall be based on the total gross acreage of the proposed subdivision.

 

            (3)        The subdivider shall deposit into the specific account the sum so designated in subsection (b)(2) of this section at the time of filing the concept plan, or preliminary plan if no concept plan is filed, and all proceedings shall be stayed until the sum so designed is deposited in the specified account.

 

            (4)        At any time the balance of the specified account reaches one-fourth of the original amount deposited, the village may demand from the subdivider a sum of money that, in addition to the balance in the specified account, shall equal the amount originally demanded and required by the village board. If the amount deposited is depleted, payment for plan and document review shall become due and payable upon receipt of an invoice from the village.

 

            (5)        All proceedings shall be stayed until the subsequent demands for payment of fees shall be deposited in the specified account or paid to the village.

 

            (6)        Any demand or subsequent demand of the village board, not deposited or paid by the subdivider within six months of the date of the demand shall, at the discretion of the village board, and upon written notice to the subdivider, terminate and render null and void the proposed plan of subdivision.

 

            (7)        All funds required by the village board to be deposited by the subdivider shall be deposited into a specified account bearing interest and shall be held in the name of the village.

 

            (8)        Within 60 days after the approval of the final engineering plans and final plat by the village, any balance remaining in the specified account for plan and document review, including any interest, shall be returned to the subdivider.

 

            (9)        Inspection fees and costs. Before commencement of construction, the subdivider shall execute a standard form agreement requiring the subdivider to deposit funds equal to two percent of the cost of construction as estimated on the engineer's certified estimate of costs. If the amount deposited is depleted, payment for inspection fees and costs shall become due and payable upon receipt of an invoice from the village.

 

            (10)      Any statement or bill submitted to the village by the retained personnel shall segregate and identify the charges and fees incurred directly or indirectly connected with the subdivision, and shall be submitted in duplicate; the original of which shall be retained by the village and paid to the retained personnel and the duplicate shall be forwarded to the subdivider at the time an amount to equal the charges and fees are withdrawn from the specified account.

 

            (11)      Upon presentation of the final statement of the retained personnel and within 60 days after the expiration of the one-year maintenance period for all required land improvements, any balance remaining in the specified account for inspection fees and costs, including any interest, shall be returned to the subdivider.

(Ord. of 12-14-1994, § 7-2)

 

Sec. 54-43. Permits for utility services.

 

Permits shall be obtained from the appropriate governing body for the installation of communication, electric power, gas, or other utility services in public or private rights-of-way or easements, as shown on the final plat and the required fees paid by the owner or subdivider before any installation is started.

(Ord. of 12-14-1994, § 7-3)

 

Sec. 54-44. Occupancy permit.

 

No final inspection shall be approved nor occupancy permit granted by any governing official for the use of any structure within a subdivision approved for platting or replatting until required utility facilities have been installed and made ready to service the property and that streets providing access to the subject lots have been constructed or are in the course of construction and are suitable for vehicular traffic.

(Ord. of 12-14-1994, § 7-4)

 

Secs. 54-45--54-80. Reserved.

 

  ARTICLE III.

 

SUBDIVISION PLAT PROCEDURES

 

Sec. 54-81. Exceptions.

 

Any property transactions which fall within the exceptions stated in the Plat Act, 765 ILCS 205/0.01 et seq., shall be exempt from the requirements of this chapter, and no subdivision plat will be required.

(Ord. of 12-14-1994, § 2-1)

 

Sec. 54-82. Preapplication/concept.

 

            (a)        Preapplication or concept plan conference. Prior to the filing of an application for approval of the preliminary plan, the applicant may submit, by letter to the plan commission, a request for scheduling a preliminary concept presentation of the proposed development to the plan commission and the village engineer or representative. With the request the applicant shall provide ten sets of the information required by this section. The purpose of such a concept presentation is to make the recommendations and advice of the plan commission, village engineer and other concerned parties available to the developer before the spending of considerable time and expense on detailed plans and drawings takes place in preparation of the preliminary plan. The conference should determine:

 

            (1)        Whether the proposed development appears in general to be in compliance with the provisions of the village zoning and other applicable ordinances.

 

            (2)        Whether any zoning amendment, variation or special use is required in connection with the proposed subdivision.

 

            (3)        Whether the proposed development will be in conformity with the comprehensive plan and the goals and policies of the village for development.

 

No formal application fee is required for a concept conference. The plan commission shall mail a letter of notification of the date, time, and location of the plan commission conference to the developer, property owners on the list supplied by the developer, county, school district, and others the village desires to notify.All recommendations or comments made during the concept conference are advisory only and do not obligate the village board or any of its committees or commissions to approve later stages or plans. Negative comments shall not prohibit the petitioner from submitting a preliminary plan for consideration.

 

            (b)        Preapplication conference data. The following information describing the existing condition and the proposed development shall be provided to the plan commission and the village engineer at the time of the preapplication conference:

 

            (1)        Sketch plan. A sketch showing the proposed layout of streets, lots, open spaces, nonresidential areas, and other important features in relation to existing conditions. The sketch plan may be a freehand pencil sketch made directly on a print of the topographic survey, but in any case topography should be indicated with a contour interval not greater than two feet. The number of residential lots, typical lot width and depth, proposed utility and street improvements, and proposed subdivision name should also be indicated.

 

            (2)        Existing conditions. The presence of any of the following shall be shown on the sketch plan or an accompanying sheet:

 

                        a.         Physical characteristics of the site, such as swamps, woods, drainage patterns, bodies of water, and the like;

 

                        b.         Existing buildings;

 

                        c.         Availability of public utilities; and

 

                        d.         Applicable private restrictions, covenants or easements.

 

            (3)        Location map. A small scale map or sketch of the general vicinity showing the relationship between the proposed subdivision and existing community facilities which serve or influence it, including, but not limited to, the following: main traffic arteries; public transportation lines; parks, playgrounds, schools; principal places of employment or shopping; and other community facilities such as railroad stations, airports, hospitals, and churches.

 

            (4)        List of adjacent landowners. A list of all property owners and latest known addresses of land adjacent to the proposed development.

(Ord. of 12-14-1994, § 2-2)

 

Sec. 54-83. Preliminary plans.

 

            (a)        Procedures. Preliminary plan procedures are as follows:

 

            (1)        The owner shall file an application for approval of the preliminary plan with the village clerk. Twenty copies of the preliminary plan and the required filing fee shall accompany the application.

 

            (2)        The village clerk shall refer seven copies of the preliminary plan to the village board, seven copies to the plan commission, one copy to the village engineer, and one copy to the public works supervisor.

 

            (3)        The subdivider shall file an application with the county soil and water conservation district for a natural resource report. Preliminary plan approval shall not be granted until the report has been received by the village.

 

            (4)        The plan commission shall notify the owner as to the time and place of the plan commission meeting at which he will be afforded an opportunity of being heard. The village engineer shall furnish the plan commission a report on his review of the preliminary plan.

 

            (5)        The plan commission shall recommend to the village board approval or disapproval of the preliminary plan within 90 days from the date of filing the application or the filing by the applicant of the last item of required supporting data, whichever date is later, unless such time is extended by agreement.

 

            (6)        Upon receipt of the plan commission's recommendation, the village board shall approve or deny the preliminary plan not later than 30 days after the next regular village board meeting following the date of the plan commission's approval. Such time period may be extended by mutual consent of the subdivider and the village board.

 

            (7)        If a zoning change is requested as part of the proposed subdivision, the village board shall not approve the preliminary plan until the zoning change has been granted in accordance with the procedures and requirements of the village zoning regulations in chapter 70.

 

            (8)        The plan commission may recommend and the village board may require such conditions, changes, or revisions to the preliminary plan as are deemed necessary in the interest and needs of the village in keeping with the provisions of this chapter. The subdivider shall be notified of any conditions of approval or reason for denial of a preliminary plan.

 

            (9)        Upon approval of the preliminary plan by the village board, the subdivider shall submit six copies of the approved preliminary plan with all required revisions, if any, which shall be distributed by the village clerk as follows:

 

                        a.         Two prints to the plan commission;

 

                        b.         One print to the village engineer;

 

                        c.         Two prints shall be retained by the village clerk for filing;

 

                        d.         One print to the public works supervisor.

 

            (10)      Approval of the preliminary plan shall be effective for a period of one year. Should improvement plans and final plan not be submitted within this period, the preliminary plan shall again be submitted for approval unless an extension is requested by the subdivider and granted by the village board.

 

            (b)        Requirements. The preliminary plan shall include the following information: a preliminary plat drawn to scale and showing the arrangement of lots, blocks, streets, and the approximate dimensions and areas of all lots. The preliminary plat shall include:

 

            (1)        Identification and description.

 

                        a.         The proposed name of the subdivision not duplicating the name of any plat heretofore recorded in the county.

 

                        b.         The location by section, township, and range, and by other legal description necessary to clearly locate and describe the subdivision area.

 

                        c.         A current survey, not less than six months old, prepared and certified by a state registered land surveyor showing the topography, the boundary lines, and the area being subdivided and all improvements drawn to a scale not smaller than one inch to 100 feet.

 

                        d.         The names, addresses, and phone numbers of the owner, subdivider, and the surveyor who prepared the plat.

 

                        e.         Northpoint (true north);

 

                        f.          Date of survey and preparation.

 

            (2)        Existing conditions.

 

                        a.         The boundary lines of the proposed subdivision and section lines and the corporate limit lines within or adjacent to the tract.

 

                        b.         The total acreage of the subdivision.

 

                        c.         The existing zoning districts in the proposed subdivision and the adjacent tracts.

 

                        d.         The location, widths, and names of all existing or previously platted streets or other rights-of-way showing the type of improvement, if any, railroad and utility rights-of-way, parks and other public open space, permanent buildings and structures, easements and section and corporate lines within the tract and to a distance of at least 100 feet beyond the tract.

 

                        e.         The location and size of existing sewers, water mains, culverts, field tiles, gas and electric transmission lines or other underground facilities within the tract and to a distance of at least 100 feet beyond the tract; also indicating such data as grades, invert elevations and locations of catchbasins, manholes, and hydrants.

 

                        f.          A location map, drawn at a scale of not less than one inch equals 1,000 feet, showing the boundary lines of adjoining, unsubdivided or subdivided land within an area bounded by the nearest arterial streets or other natural boundaries, but not less than one-half mile beyond the subdivision boundaries in subdivisions located beyond the village limits, identifying the type of use and ownership of the surrounding land and showing the alignments of the existing streets.

 

                        g.         Topographic data including the location of watercourses, farm drain tiles, wetlands, marshes and other significant features and existing contours at vertical intervals of not more than one foot, except in unusual topographical conditions; such vertical intervals may be required to be altered as determined by the village engineer. Topographical data shall refer to the National Geodetic Vertical Datum. Soil boring data and seepage tests are required at the locations and depth as determined by the village engineer.

 

                        h.         A wetlands inventory performed by a consultant from the Army Corps of Engineers' approved list of consultants.

 

                        i.          The locations of or reference to the locations of existing monuments or survey markers used in preparation of the survey and the grade elevation of each monument and marker.

 

                        j.          The location of wooded areas and isolated trees six inches or more in diameter at one foot above the ground, rock formations or outcroppings, scenic vistas, beaches, historic sites and other similar assets.

 

            (c)        Proposed subdivision design features.

 

            (1)        The proposed subdivision layout shall be in substantial accord with the official plan, as amended from time to time.

 

            (2)        The layout of streets showing the right-of-way widths and street names (not duplicating the name of any street heretofore used in the village or its environs unless the street is an extension of or in line with an already named street and provided it can be connected with such street in which event that name shall be used) and showing the proposed through streets extended to the boundaries of subdivisions.

 

            (3)        A traffic analysis prepared by a state registered professional engineer who is skilled in the science of traffic engineering, indicating the estimated traffic to be generated by the completed subdivision for the average week, 24-hour period, and for the peak morning and evening traffic hours. The analysis shall include an appraisal of the impact of this new traffic on existing traffic in the vicinity of the subdivision and shall list the new street construction and traffic control measures required to accommodate the estimated traffic increases.

 

            (4)        The location and width of alleys, pedestrian ways and easements.

 

            (5)        The layout, numbers, and dimensions of blocks to the nearest foot.

 

            (6)        The layout, number, approximate dimensions, square footage, and front, side, and rear building setback lines for all lots shall be shown in accordance with the regulations of this chapter and the zoning regulations in chapter 70.

 

            (7)        The proposed zoning classification of all land within the subdivision.

 

            (8)        Areas, if any, intended to be dedicated or reserved for nonresidential purposes, indicating for each area the approximate acreage and the proposed use. Such areas shall be designated by letter or number.

 

            (9)        The proposed location of sanitary sewer, storm sewer, drainage courses and channels, methods of handling stormwater, surface water disposal, sewage disposal and waste disposal plans.

 

            (10)      An indication of any protective covenants or deed restrictions which are to be placed upon the property to be subdivided and the expected date of the development.

 

            (11)      A preliminary landscaping plan showing the locations of existing trees, methods of preserving existing trees, estimated number of trees six inches or more in diameter and one foot above the ground to be removed due to installation of land improvements, proposed plantings and a description of landscaped entryway, if applicable.

 

            (12)      A description of the donation proposed to satisfy article VI of this chapter which provides for the dedication of park sites and school sites or the payment of fees in lieu of dedication.

 

            (13)      A copy of the land use opinion, or application filed by the subdivider for such opinion, from the county soil and water conservation district.

 

            (14)      Any other information that may be requested by the plan commission or village board.

 

            (15)      The filing fee.

 

            (16)      The plan review and inspection costs deposit.

 

            (17)      A completed checklist for the preliminary plan.

(Ord. of 12-14-1994, § 2-3)

 

Sec. 54-84. Improvement plans.

 

            (a)        Procedures. Improvement plan procedures are as follows:

 

            (1)        The land improvement plans and specifications may be filed concurrently with or prior to the submission of the final plat. At least four copies of the improvement plans shall be submitted to the village clerk. The village clerk shall forward the improvement plans to the village engineer and public works supervisor and to such authorities having jurisdiction over any improvements for their review and recommendations.

 

            (2)        The village engineer and such other officials that may have jurisdiction shall review the land improvement plans and specifications for conformity with the provisions of this chapter and other applicable ordinances. The village board shall not act on the final plat until it has received notice from the village engineer as to the acceptability of the land improvement plans and accompanying documents.

 

            (b)        Submittal requirements. Improvement plan submittal requirements are as follows: The improvement plans shall be prepared by a state registered professional engineer and shall contain the following information:

 

            (1)        The layout of the proposed subdivision at a minimum scale of one inch equals 50 feet showing:

 

                        a.         The finished grade at one-foot contours;

 

                        b.         A minimum of two benchmarks (National Geodetic Vertical Datum);

 

                        c.         A proposed street layout, including centerline elevations at 100-foot intervals, and rim and invert elevations of all drainage structures and drainageway flow line elevations;

 

                        d.         The building top of foundation elevations and building site pads, where required;

 

                        e.         The incorporation or modification of all existing drainfield tile or storm sewers;

 

                        f.          The proposed easements for utilities drainageways and facilities pedestrian and equestrian ways, landscape areas and other purposes; and

 

                        g.         Street lighting and street name signs.

 

            (2)        A roadway and drainage engineering plan and profiles which shall include:

 

                        a.         A plan view of roadways, drainageways and structures, including roadway horizontal curve data. Road entrances on adjacent properties shall be shown.

 

                        b.         All new street construction and new traffic control measures required to accommodate estimated traffic increases, as listed in the traffic analysis submitted with the preliminary plan and approved by the village board, shall be shown.

 

                        c.         Profiles of roadway centerlines and ditch flow lines, including location and elevations of drainage structures. The grade line profile shall be shown at a minimum scale of one inch equals 50 feet horizontal and one inch equals five feet vertical. Complete vertical curve data shall be shown.

 

            (3)        Improvement details shall be provided for:

 

                        a.         A typical road cross section;

 

                        b.         A typical drainageway cross section;

 

                        c.         Drainage structure details;

 

                        d.         A sanitary sewer manhole and service consideration details;

 

                        e.         Water main system hydrants, value box and service connection details;

 

                        f.          Erosion control devices;

 

                        g.         Improved pedestrian, bicycle and/or equestrian ways.

 

            (4)        Plans, specifications, and calculations for stormwater runoff control in accordance with village requirements.

 

            (5)        Floodplain information, if applicable, including the elevations of the special flood hazard area (SFHA) delineated on drawings of the site with existing topography shown at a scale and contour interval as determined by the village engineer. At a minimum, the topographic drawings shall display the following flood data:

 

                        a.         The boundary of the SFHA;

 

                        b.         The boundary of the floodway, if available;

 

                        c.         The proposed drainage easement;

 

                        d.         The flood protection elevation for each building site.

 

            (6)        Erosion and sedimentation control plan which shall include minimum criteria as follows:

 

                        a.         A list of type of soils as indicated on soil conservation service maps or a soil report by a soils engineer;

 

                        b.         An earth movement plan, including approximate quantities of materials;

 

                        c.         Methods of controlling erosion and sedimentation.

 

            (7)        A copy of the topographic and profile study (drainage overlay) drawn at the same scale as the final plat and containing the following information:

 

                        a.         All elevations shall be referenced to National Geodetic Vertical Datum;

 

                        b.         Existing contours at one-foot intervals indicating the locations and elevations of benchmarks used to determine such contours;

 

                        c.         Finished grade elevations or contours at one-foot intervals of the proposed site;

 

                        d.         The rim and invert elevations of all existing and proposed drainage structures within the subdivision;

 

                        e.         The size, slope, and location of drainage channels and/or storm sewers;

 

                        f.          The size, shape, invert, and location of downstream receiving drainage structures including capacities of downstream channels;

 

                        g.         A signature block (see Appendix).

 

            (8)        Plans for community water distribution systems, community water supply facilities, and community sewage collection and treatment systems shall be provided.

 

            (9)        A completed engineering plan checklist.

(Ord. of 12-14-1994, § 2-4)

 

Sec. 54-85. Final plan.

 

            (a)        Procedures. Final plan procedures are as follows:

 

            (1)        Within one year after the approval of the preliminary plat by the village board, unless a time extension is granted in writing pursuant to official action of the village board, the owner shall file an application for the approval of the final plat with the village clerk. Such application shall be accompanied by an original inked tracing on mylar film, ten prints of the final plat and ten copies of all required supporting data, drawings, and documents. The application shall be referred to the plan commission and village engineer for their review and recommendation. The final plat shall retain the design characteristics of the approved preliminary plan, except that the village board may require such changes or revisions as are deemed necessary in the interest and needs of the village in keeping with the provisions of the subdivision regulations of this chapter.

 

            (2)        In case the application for the approval of a final plan is made for a part of an approved preliminary plan, the village board may extend the time for the application for approval of final plats for other parts of the approved preliminary plat until a later date beyond the foregoing one-year period.

 

            (3)        Within 60 days from the date of filing the last required document or other paper, or within 60 days from the date of application for approval of the final plat was filed with the village clerk, whichever date is later, the village board shall, by resolution, approve or disapprove such plat. Upon the adoption of the resolution approving a final plat, the village clerk shall certify such approval and affix the corporate seal of the village on the final plat.

 

            (4)        Upon approval of the final plan by the village board, and upon receipt of any remaining required documents, the village clerk shall record the final plat, provided that the cost of recording has been paid by the owner.

 

            (5)        After recording, one original and one copy of the recorded plat and one copy of all supporting data shall be retained in the village clerk's files, two sets of such materials shall be retained by the village engineer, and one set shall be retained by the public works supervisor.

 

            (b)        Requirements. The final plat shall include the following documents:

 

            (1)        A final plat accurately and legibly prepared by a state registered land surveyor with waterproof, nonfading black ink on mylar film. The plat shall be drawn at minimum scale of one inch equals 100 feet and shall not exceed 30 inches by 36 inches in size. If more than one sheet is required, a small scale drawing of the entire subdivision shall be shown on the first sheet, identifying the different portions of the subdivision. The final plat shall show:

 

                        a.         The proposed name of the subdivision.

 

                        b.         A full and detailed description of the land embraced in the plat, showing the township and range in which such land is situated and the sections platted, and in the case of replatting or resubdividing, a description of the part of, and the name of, the original plat which is replatted or resubdivided containing the name of the town, city, village or addition platted; the name of the owner required to sign the plat; and the surveyor making it. If there is any excepted parcel with the plat boundary, it must be accurately described by metes, bounds and courses.

 

                        c.         The scale shown graphically.

 

                        d.         The northpoint (indicated true north).

 

                        e.         The date of preparation.

 

                        f.          The boundary of the plat based on an accurate traverse, with all angular and linear dimensions. The error of closure of such boundary survey shall not exceed one in 10,000 feet (one foot for each 10,000 feet of perimeter survey).

 

                        g.         All blocks, lots, streets, alleys, pedestrian ways, easements, and building lines within or adjacent to the plat shall be shown. All of the above shall have all angular and linear dimensions given and all radii, internal angles, bearings, points of curvature, tangents and lengths of all curves. All dimensions and data shall be required for any future relocation. All dimensions shall be given to the nearest hundredths of a foot.

 

                        h.         True angles and distances shall be to the nearest established official monuments, not less than three of which shall be accurately described on the plat.

 

                        i.          The municipal, township, or section lines accurately tied to the lines of the subdivision by distances and angles.

 

                        j.          The block and lot numbers of all blocks and lots. The names of all existing adjoining streets and all streets in the subdivision.

 

                        k.         Accurate outlines and legal descriptions of any area to be dedicated or reserved for the public use or for the exclusive use of property owners within the subdivision.

 

                        l.          The location of all iron stakes and all permanent monuments requiredby this chapter.

 

                        m.        Any restrictive covenants stated in full on the plat or referred thereon if declared separately.

 

                        n.         Statements covering easement provisions.

 

                        o.         Properly executed certificates as contained in the appendix. The application for approval of the final plat shall not be deemed completed until all certificates, other than the village certificates, have been duly executed.

 

                        p.         All other information required by state statutes.

 

            (2)        A statement over the signature of the surveyor who prepared the final plat indicating the total square footage of each lot shown on the final plat.

 

            (3)        The following documents prepared by a state registered professional engineer and based upon the conditions of approval of the improvement plans and specifications approved by the village engineer and other public officials having jurisdiction:

 

                        a.         Complete improvement plans and specifications;

 

                        b.         A certified estimate of the cost of all required land improvements.

 

            (4)        A drainage overlay with a properly executed certificate in accordance with state statutes.

 

            (5)        A description of the proposed guarantee collateral for the completion of land improvements in accordance with the requirements in this chapter.

 

            (6)        A description of proposed donations to satisfy the provisions of article VI of this chapter.

 

            (7)        A completed final plan checklist.

 

            (c)        Agreements and performance guarantee. No final plat shall be recorded until the owner or subdivider has provided the following:

 

            (1)        A construction guarantee for the completion of land improvements in one of the following formats, with the form, amount and provider being subject to the approval of the village board:

 

                        a.         Deposit with the village of cash in the amount of 120 percent of the estimated cost of the land improvements, including engineering, remaining to be completed and accepted.

 

                        b.         An undertaking by the subdivider guaranteeing completion of the land improvements remaining to be completed and accepted, as secured by an irrevocable letter of credit certifying that adequate funds are and will be available at a sound and reputable financial institution authorized to do business in the state. Such irrevocable letter of credit shall be in effect for a period of 2 1/2 years from the date of recording the final plat, shall run in favor of the village and shall indicate there are sufficient funds available for 120 percent of the estimated cost of land improvements, including the engineering remaining to be completed, and that such funds are held for such purposes only and for no other purposes. Such undertaking and irrevocable letter of credit shall be in a form to allow the village to procure the funds to complete the land improvements if their construction is not completed in accordance with the provisions of this chapter, and shall otherwise be in a form acceptable to the village.

 

                        c.         Other good and sufficient security as approved by the village attorney to guarantee the proper installation of land improvements.

 

            (2)        A statement that the subdivider will maintain the roads and other land improvements within the subdivision until accepted by the village or appropriate highway authority.

(Ord. of 12-14-1994, § 2-5)

 

Sec. 54-86. Completion and acceptance of improvements.

 

The completion and acceptance of land improvements shall be in accordance with the following:

 

            (1)        Completion. All required land improvements shall be completed within two years of the recording of the final plat unless prior to the expiration of the two-year period a time extension is requested by the subdivider and granted by the village board. A request for an extension shall not halt the two-year period. No extension shall be granted unless adequate collateral has been received and approved by the village board.

 

            (2)        Construction observation of land improvements. During the course of construction, the project engineer shall provide the full time construction observation of the work in order to ensure compliance with the approved plans and specifications and with good engineering and construction practices. Construction observation of the work shall also be done by the village engineer and other governmental officials at various times during construction as appropriate.

 

            (3)        Reduction of construction guarantee.

 

                        a.         The amount of the construction guarantee collateral may be reduced as each division of required land improvements is completed. Land improvements shall be divided into the following categories as applicable:

 

                                    1.         Sanitary sewer.

 

                                    2.         Water mains.

 

                                    3.         Storm sewers.

 

                                    4.         Streets and parkway grading and seeding.

 

                                    5.         Drainageways and detention facilities.

 

                                    6.         Miscellaneous improvements (landscaping, street signs, street lights, pedestrian or equestrian ways, etc.).

 

                        b.         A construction guarantee shall be reduced only by authorization of the village board, after review and recommendation by the village engineer upon:

 

                                    1.         An application for a payout by the subdivider, provided that the payout for any land improvement shall not exceed 90 percent of the engineer's estimated cost for that item until acceptance or approval of the improvement by the village board. Upon village board acceptance or approval, up to 100 percent of the estimated cost of the improvement shall be authorized until all the land improvements have been accepted or approved.

 

                                    2.         The unsatisfactory installation of required improvements. In such event, the village may then declare the subdivider to be in default and may draw from the construction guarantee the amount necessary to ensure the satisfactory construction of such improvements, including attorney's fees and court costs related to the enforcement of the provisions of this section.

 

            (4)        Release of construction guarantee. The construction guarantee for the completion of the land improvements shall be released only upon the fulfillment of the following conditions:

 

                        a.         The completion of all land improvements.

 

                        b.         The submission of one reproducible (mylar) set and four sets of prints of the record drawings which shall be prepared by the project engineer who shall show and certify as to the actual location of all improvements, and shall clearly designate any and all changes from the approved plans and specifications.

 

                        c.         A bill of sale, when required, and a contractor's affidavit and lien waivers in accordance with the Illinois Mechanic's Lien Act, for all land improvements which have been designated by the village board for acceptance.

 

                        d.         The receipt of a statement signed by a state registered land surveyor stating that all requirement monuments and irons are in place.

 

                        e.         The submission of a deposit in cash, irrevocable letter of credit or surety bond, equal to 15 percent of the cost of the land improvements. This deposit shall be a guarantee of satisfactory performance of the land improvements and shall be held by the village for a period of 12 months after acceptance of the improvements. After such 12 months, the deposit shall be refunded if no defects have developed, or if any defects have developed, then the remaining deposit shall be released, subject to payment for amounts expended or to be expended in correcting the defects.

 

                        f.          Final acceptance, by resolution of the village board, of the land improvements which have been designated by the village board for acceptance, and acknowledgement, by resolution of the village board, of completion of the land improvements which have not been designated for acceptance.

(Ord. of 12-14-1994, § 2-6)

 

Secs. 54-87--54-120. Reserved.

 

  ARTICLE IV.

 

REQUIRED IMPROVEMENTS

 

Sec. 54-121. General requirements.

 

            (a)        Compliance required. The village board shall not approve a final plat of subdivision until it has received notice of approval of the improvement plans and specifications by the village engineer. No deviations from approved plans and specifications shall be made without the prior approval of the village.

 

            (b)        Off-site improvements. If it is determined that any existing infrastructure including, but not limited to, water distribution systems, wastewater collection or treatment systems, storm sewers or other stormwater management facilities, and street improvements which may be situated either in part or entirely off-site, is inadequate to facilitate a proposed subdivision when 100 percent built-out, then improvements to any one or all of such facilities may be required.

 

            (c)        Oversizing of utilities. Where determined by overall utility planning, the village board may require certain utilities to be larger than necessary to serve the subdivision as delineated in the preliminary plan. In such case, an agreement may be made to repay the subdivider the construction cost resulting from the increased design. All engineering, insurance and inspection costs shall be paid by the subdivider.

(Ord. of 12-14-1994, § 3-1)

 

Sec. 54-122. Sanitary sewers.

 

Sanitary sewers shall be installed to comply with all applicable village ordinances, the village standard specifications for improvements, and the requirements of the state Environmental Protection Agency.

(Ord. of 12-14-1994, § 3-2)

                Cross References: Utilities, ch. 66.

 

Sec. 54-123. Stormwater runoff control.

 

            (a)        Storm sewers shall be constructed throughout the entire subdivision which shall be separate and independent of the sanitary sewer system and which shall provide an adequate outlet or connection with the storm sewer system of the village. No storm sewer shall be connected to any sanitary sewer.

 

            (b)        Control of stormwater runoff shall be required as outlined in the village standard specifications and ordinances governing the control of stormwater runoff as may be in effect at any given time.

(Ord. of 12-14-1994, § 3-3)

                Cross References: Utilities, ch. 66.

 

Sec. 54-124. Water mains.

 

Water mains to furnish water from the village's water system to each and every lot within the subdivision shall be constructed in accordance with the village standard specifications for improvements and shall be approved by the village engineer.

(Ord. of 12-14-1994, § 3-4)

                Cross References: Utilities, ch. 66.

 

Sec. 54-125. Street and right-of-way improvements.

 

The minimum construction requirements for street and right-of-way improvements shall be as outlined in the village standard specifications for improvements.

(Ord. of 12-14-1994, § 3-5)

                Cross References: Streets, sidewalks and other public places, ch. 50.

 

Sec. 54-126. Sump pump discharge line.

 

A sump pump discharge line shall be installed to serve each and every lot within the subdivision and shall be constructed in accordance with the village standard specifications for improvements and shall be approved by the village engineer.

(Ord. of 12-14-1994, § 3-6)

 

Sec. 54-127. Monuments and markers.

 

            (a)        Concrete survey monuments shall be placed at intervals, satisfactory to the village engineer, throughout the subdivision which will allow a reasonable reconstruction of all positions therein.

 

            (b)        The monuments shall be of concrete not less than four inches in diameter and 48 inches deep with a center solid steel rod ten inches long cast in the center thereof and flush with the top surface. All corners of logs and changes in direction not marked by a monument shall be marked by iron pipes and steel bars not less than one-half of an inch in diameter and 18 inches long.

 

            (c)        The top of all monuments and markers shall be set no more than six inches below the finish landscape grade.

 

            (d)        As a required condition before final acceptance of the improvements, a statement signed by a state registered land surveyor, stating that all required monuments and irons are in place, shall be submitted to the village. In addition, a benchmark system shall be established on every fire hydrant within or adjacent to the subdivision. Benchmarks shall include an elevation established on the northernmost flange bolt head. Each such flange bolt head shall be clearly marked by a heavy chisel crossmark.

 

            (e)        As a further condition of final acceptance, the record drawings shall show the subdivision fire hydrant locations with the benchmark elevations and shall bear the signature and seal of a state registered land surveyor or state registered professional engineer.

(Ord. of 12-14-1994, § 3-7)

 

Sec. 54-128. Other utility services.

 

The subdivider shall make arrangements for all lines for telephone, electric, gas, cable television and other similar services to be placed underground within easements or dedicated public ways in a manner which will not conflict with other underground services. The grant of easement shall conform to the form provided in this chapter and in the village standard specifications for improvements. All transformer boxes shall be located along the rear lot lines or at such other locations that are not unsightly or hazardous to the public. No building permits will be issued until after plat approval and written confirmation has been received by the village that all utility companies have committed the installation of their respective utilities.

(Ord. of 12-14-1994, § 3-8)

                Cross References: Utilities, ch. 66.

 

Sec. 54-129. Sidewalks.

 

Concrete sidewalks of Portland cement shall be constructed as specified in the village standard specifications for improvements on both sides of all streets in residential, commercial, and industrial subdivisions. At final plat approval, the village board may defer installation of sidewalks on one side of any or all streets in commercial and industrial subdivisions; provided, however, that the final plat include a provision that the village board may require installation of additional sidewalks at a subsequent date on any or all streets having sidewalks on one side in accordance with procedures established in 65 ILCS 5/11-84-1 et seq. Unless otherwise approved by the village board, all sidewalks shall be located within the street right-of-way and not more than one foot inside the right-of-way.

(Ord. of 12-14-1994, § 3-9)

                Cross References: Streets, sidewalks and other public places, ch. 50.

 

Sec. 54-130. Landscaping.

 

            (a)        Parkway landscaping. All parkway landscaping shall be in accordance with village standard specifications for improvements.

 

            (b)        Entryway landscaping. Permanent landscape entryway features shall be permitted at subdivision entrances, but not within right-of-way or roadway easements, provided that the following criteria are met:

 

            (1)        A landscaping plan shall be submitted showing sign dimensions, landscaped area with species names and distance of the entryways shall be described.

 

            (2)        Sign display areas shall be placed upon fencing, masonry, timbers, or other approved materials.

 

            (3)        Only one single-faced sign with a maximum display area of 32 square feet and a maximum height of five feet above grade shall be permitted on each approved corner.

 

            (4)        No entrance sign shall be erected which identifies the subdivision by any name other than the name displayed on the final plat.

 

            (5)        A building permit shall be obtained prior to placing of any entryway sign.

(Ord. of 12-14-1994, § 3-10)

 

Sec. 54-131. Trees.

 

            (a)        The subdivider shall provide and plant healthy and properly pruned trees along all streets at a rate of one tree per lot, provided that the lot width is 75 feet or less. If the lot width is greater than 75 feet, the subdivider shall provide and plant two trees per lot. Corner lots shall have a minimum of one tree on each frontage measuring 75 feet or less and a minimum of two trees on each frontage greater than 75 feet.

 

            (b)        Trees shall be planted in the front yards of all abutting lots within the area from four feet back from the right-of-way to six feet back from the right-of-way. Trees shall not be planted closer than 50 feet of any right-of-way intersection.

 

            (c)        Trees shall be of the size and species set forth in this subsection. The diameter of the tree shall be measured at a point 12 inches above the ground line. A minimum of two species of trees shall be planted per block.

 

Group A (2- to 2 1/2-inch diameter)

 

Green Ash

Tilia Euchlors

Thornless Honey Locust

Gleditsia Triancanthos

Sycamore

Ficus Sycamorus

Group B (1 1/2-inch diameter)

 

Pin Oak

Quercus Polustis

Sugar Maple

Acer Saccharum

Red Maple

Acer Rubrum

Columnar Red Maple

Acer Rubrum Columnare

Columnar Norway Maple

Acer platanoides

Norway Maple

 

Schwedleri Maple

 

Crimson King Maple

 

 

 

            (d)        Credit will be given for each healthy, properly pruned existing tree that meets the minimum size and location standards set forth in this section.

 

            (e)        Trees should not be planted until the driveway has been laid out, and the trees shall be maintained and/or replaced by the developer for a period of two years after planting.

(Ord. of 12-14-1994, § 3-11)

 

Sec. 54-132. Street and regulatory signs.

 

All street and regulatory signs shall be in accordance with village standard specifications for improvements.

(Ord. of 12-14-1994, § 3-12)

                Cross References: Streets, sidewalks and other public places, ch. 50.

 

Sec. 54-133. Streetlights and marking.

 

Provisions and installation shall be made for street lighting and name marking of public streets within the proposed subdivision in accordance with the standards and requirements established within the village standard specifications for improvements.

(Ord. of 12-14-1994, § 3-13)

 

Sec. 54-134. Mailboxes.

 

All mailboxes throughout the subdivision shall be installed by the subdivider in clusters at various locations as approved by the post office department. Mailboxes shall be housed in a suitable enclosure, the design of which shall be submitted to the village for approval prior to installation. No single mailbox installations will be allowed.

(Ord. of 12-14-1994, § 3-14)

 

Sec. 54-135. Inspection of improvements.

 

            (a)        Upon a request by the subdivider, all improvements shall be inspected and accepted by the village within one year from the date of completion of construction of the improvements, provided that the improvements comply with the requirements of the approved engineering plans for the improvements, all applicable village ordinances and village standard specifications for improvements. Extensions of the one-year period for all or a portion of the improvements may be granted by the village board upon the written request of the developer. Failure by the developer to obtain an extension shall result in the forfeiture of the completion bond or letter of credit.

 

            (b)        Prior to requesting a final inspection, the developer shall submit record drawings, and all other certification and tests as required by this chapter or any other ordinance and standard specifications for improvements as adopted by the village. The developer shall make a written request to the village engineer for a final inspection of all or a portion of the improvements. Partial inspections shall be performed only on completed sanitary sewer systems and/or water mains, with the permission of the village engineer, or one or more separate sections of the platted subdivision. The village engineer or his representative shall either perform the inspection of improvements or deny the request for inspection of improvements within 14 days from the receipt of the request for final inspection. The final inspection shall be performed jointly with the developer or his representative, and the developer shall supply all labor required to facilitate the inspection. Reasons for the denial of a request for inspection shall be given in writing by the village engineer and shall specifically refer to the requirements of the approved engineering plans for the improvements. All denials are appealable to the village board upon written request made within 14 days of the village engineer's decision.

 

            (c)        The village engineer or his representative shall recommend the acceptance of the improvements if the improvements meet all the requirements of the approved engineering plans, applicable village ordinances and village standard specifications for improvements and shall notify the developer in writing of such recommendation of acceptance.

 

            (d)        In the course of inspecting the improvements, the village engineer or his representative may determine that additional work is required on the improvements in order to meet the requirements of the approved engineering plans, applicable village ordinances and village standard specifications for improvements. Each determination of the need for additional work shall specifically refer to an explicit requirement of the approved engineering plans, applicable village ordinances or village standard specifications for improvements. All items requiring additional work shall be noted on a punch list which, unless subject to the exception described in this subsection, shall be signed by the village engineer or his representative and shall be given to the developer or his representative at the completion of the inspection. However, the inspection shall be terminated after ten specific repairs, additions or rejections per 1,000 feet of roadway centerline improvements, on the average, are logged on the punch list during the course of the inspection and the village engineer or his representative shall leave the site of the inspection. The village engineer or his representative shall file the terminated punch list in the office of the village engineer and make it available to the developer upon request.

(Ord. of 12-14-1994, § 3-15)

 

Secs. 54-136--54-170. Reserved.

 

  ARTICLE V.

 

GENERAL DESIGN STANDARDS

 

Sec. 54-171. Standard of design and required improvements.

 

The following requirements as set forth in this article are hereby adopted as the minimum standards of design of a subdivision and of the improvements required to be constructed or installed therein. Standards and practices of the village are contained in the village standard specifications for improvements, which are on file in the office of the village clerk.

(Ord. of 12-14-1994, § 4-1)

 

Sec. 54-172. Streets.

 

            (a)        All streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their relation to the proposed uses of the land to be served by such streets.

 

            (b)        Where such is not shown on the general development plan, the arrangement of streets in a subdivision shall either:

 

            (1)        Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or

 

            (2)        Conform to a plan for the area of neighborhood approved or adopted by the village board to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable.

 

            (c)        Local streets shall be so laid out that their use by through traffic will not be encouraged.

 

            (d)        Where a subdivision abuts or contains an existing or proposed major street as shown on the official plan, the village board may require marginal access streets; reverse frontage with screen planting contained in a no-access strip, at least 12 feet wide, along the rear property line; deep lots with rear service alleys; or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

 

            (e)        Where a subdivision borders on or contains a railroad or highway, the village board may require a street approximately parallel to and on each side of such railroad or highway, at a distance suitable for the appropriate use of the intervening land for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

 

            (f)         Reserve strips controlling access to public utilities, streets, or alleys shall be prohibited.

 

            (g)        All street intersections and confluences should encourage safe traffic flow.

 

            (h)        Street jogs with centerline offsets of less than 125 feet for local streets at local streets and 200 feet for local streets at minor collector streets should be avoided.

 

            (i)         Tangents shall be introduced between reverse curves on all streets. (See Table of Minimum Standards.)

 

            (j)         When connecting street lines deflect from each other at any one point by more than ten degrees, they shall be connected by a curve with a radius adequate to ensure clear sight distances. (See Table of Minimum Standards.)

 

            (k)        Streets shall be laid out so as to intersect as nearly as possible at right angles and, where practical, no street shall intersect any other street at less than 80 degrees.

 

            (l)         Property lines at street intersections shall be rounded with a radius as specified in the Table of Minimum Standards. The village board may accept comparable cutoffs or chords in place of rounded corners.

 

            (m)       Street right-of-way widths shall be as specified in the Table of Minimum Standards.

 

            (n)        Half streets. Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations and where the village board finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever an existing half street is adjacent to a tract for which subdivision is sought, the other half of the street shall be platted within the proposed subdivision. The initial half street dedication shall be one-half of the required right-of-way in width, with a ten-foot parallel utility easement, and shall be of sufficient length to provide proper transitions with a minimum pavement width of 22.5 feet to the curb face and of sufficient length to provide proper transitions.

 

            (o)        Dead-end streets and culs-de-sac. Dead-end streets (culs-de-sac) designed to be permanent shall be provided at the closed end with a paved turnaround having an outside pavement radius of at least 40 feet and a street property line radius of at least 60 feet and shall not be longer than 500 feet from the centerline of the intersecting street to the radius point. Dead-end streets that are intended to be temporary shall also be provided with a paved turnaround at the end if the dead-end section of the roadway contains any drive openings. Such dead-end stubs will be required to the subdivision unit perimeter to serve adjacent units and to provide traffic circulation. The paved turnaround will not be required if, prior to final acceptance of the subdivision or unit, an adjacent subdivision or unit thereof has securities on file with the village clerk for the public improvements of such adjacent subdivision or unit thereof, including the completion or continuation of streets leading to such subdivision.

 

            (p)        Streets shall conform to the Table of Minimum Standards given in Standards Specification for Improvements, Exhibit "T".

 

            (q)        All major streets shall have curb openings and/or intersecting streets no closer to each other than 1,200 feet where possible, and unless a limited egress and/or ingress can be effectively constructed.

 

            (r)        Curb openings on local streets shall be at least 60 feet from an intersection, such 60 feet measured from the closest right-of-way line to the center of the drive.

 

            (s)        Street gradients and vertical curves shall be as specified in the Table of Minimum Standards.

 

            (t)         Street grades shall provide proper relation between the street and the first floor elevation of the houses or buildings and permit convenient and economical access to and drainage of the lots.

 

            (u)        Street names and designations.

 

            (1)        Approval of street names. No street names shall be used which will duplicate or be confused with the names of existing streets. Existing street names shall be projected wherever possible. The first name of any street designation shall be unique and shall be approved by the 911 agency within whose jurisdiction the village is located. Street names shall be subject to the approval of the village board.

 

            (2)        Street designations. The following street designation system shall be utilized to differentiate different kinds of public streets:

 

                        a.         Any new public street running in a generally north-south direction shall be named ________ Street or Drive.

 

                        b.         Any new public street running in a generally east-west directionshall be named ________ Avenue or Road.

 

                        c.         Major streets running in a direction which are designated with special characteristics such as planned medians shall be named ________ Boulevard.

 

                        d.         Eyebrow culs-de-sac shall retain the numbering system of the public way that they front on and shall not have a separate name.

 

                        e.         Culs-de-sac shall be named ________ Court.

 

                        f.          Any public street that comes back upon itself shall be called ________ Circle.

 

                        g.         Any public street that lacks true directional quality shall be named ________ Lane.

(Ord. of 12-14-1994, § 4-2)

 

Sec. 54-173. Alleys.

 

            (a)        In commercial, business, and industrial districts, definite and assured provisions shall be made for service access such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed. If, in the opinion of the village board, such facilities are not adequate, the village board may permit or require the dedication and improvement of a public alley.

 

            (b)        Alleys in residential areas shall not be permitted, except where deemed necessary by the village board.

 

            (c)        The width of an alley where permitted or required shall be 20 feet in residential areas and 30 feet in commercial, business, and industrial districts.

 

            (d)        Alley intersections and sharp changes in alley alignment shall be avoided, but where necessary, corners may be cut off sufficiently to permit safe vehicular movement.

 

            (e)        Dead-end alleys shall be avoided where possible, but if unavoidable, they shall be provided with adequate turnaround facilities at the dead end, as determined by the village board.

(Ord. of 12-14-1994, § 4-3)

 

Sec. 54-174. Easements.

 

            (a)        Easements across lots or centered on rear or side lot lines shall be provided for public and village utilities, where necessary, and shall be at least ten feet wide. The grant of an easement shall conform to the form for the same as provided in this chapter.

 

            (b)        Easements shall be designed to provide continuity from block to block.

 

            (c)        Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the line of such watercourse and shall include such further width or construction, or both, as will be adequate for the purpose and as determined by the village engineer. Parallel streets or parkways may be required in connection therewith.

(Ord. of 12-14-1994, § 4-4)

 

Sec. 54-175. Blocks.

 

            (a)        The lengths, widths, and shapes of blocks shall be determined with due regard to:

 

            (1)        Provisions of adequate building sites suitable to the special needs of the type of use contemplated.

 

            (2)        Zoning requirements as to lot sizes and dimensions within the corporate limits of the village (R-1 for residential).

 

            (3)        Needs for convenient access, circulation, control, and safety of street traffic.

 

            (4)        Limitations and opportunities of topography.

 

            (b)        Block length shall not exceed 1,800 feet, or be less than 600 feet.

 

            (c)        Pedestrian crosswalks not less than ten feet wide shall be required where deemed necessary by the village board to provide for pedestrian circulation or access to schools, playgrounds, shopping centers, transportation, and other community facilities.

 

            (d)        Blocks or portions thereof intended for commercial or industrial use shall be designated as such, and the plan shall show adequate off-street areas to provide for parking, loading docks, and other such facilities.

(Ord. of 12-14-1994, § 4-5)

 

Sec. 54-176. Lots.

 

            (a)        The lot size, width, depth, shape, and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

 

            (b)        All lots shall meet the minimum depth, width and area requirements of the zoning regulations in chapter 70 for the district in which the subdivision is located. In the case of corner lots, the plan commission may recommend and the village board may require a greater width in order to encourage the proper development of intersection design and traffic safety, and to secure uniform setback lines from any property line adjoining a street. Residential lots shall meet requirements of R-1 zoning.

 

            (c)        Lots abutting a watercourse, drainageway, channel or stream shall have a minimum width or depth as required by ordinance to provide an adequate building site and to afford the minimum useable area required in this chapter or the village zoning regulations in chapter 70, excluding any required drainage easement area.

 

            (d)        Depths and widths of lots or properties reserved or laid out for commercial, business, or industrial purposes shall be adequate to provide for the off-street service and parking facilities required in the village zoning regulations in chapter 70.

 

            (e)        All lots shall abut on a publicly dedicated street.

 

            (f)         Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from highways or primary thoroughfares or to overcome specific disadvantages of topographic land orientation. A planting screen easement of at least 12 feet, and across which there shall be no right of vehicular access, shall be provided with plantings as approved by the village board, in conformance with the village standard specifications for improvements.

 

            (g)        Where a cul-de-sac affords access to a park or other open space, a minimum ten-foot easement or right-of-way shall be provided to access such parks or open spaces and shall be provided with sidewalks.

 

            (h)        Side lot lines shall be substantially at right angles or radial to street lines.

(Ord. of 12-14-1994, § 4-6)

 

Sec. 54-177. Building setback lines.

 

Building setback lines of new subdivisions shall conform to the front yard provisions of the zoning district, as defined by the village zoning regulations in chapter 70, within which the plat is to be developed. Residential zoning shall be R-1.

(Ord. of 12-14-1994, § 4-7)

 

Sec. 54-178. Scenic features.

 

In the subdividing of any land within the village or within 1 1/2 miles of the corporate limits, as they exist from time to time, due regard shall be shown for all natural features such as tree growth, watercourses, historic spots or similar conditions which, if preserved, will add attractiveness and value to the proposed development.

(Ord. of 12-14-1994, § 4-8)

 

Secs. 54-179--54-210. Reserved.

 

  ARTICLE VI.

 

DEDICATION OF PARK LANDS AND SCHOOL SITES OR PAYMENT OF FEES IN LIEU THEREOF

 

Sec. 54-211. Required.

 

As a condition of approval of a final plat of subdivision or of a final plat of a planned unit development, each subdivision or developer will be required to dedicate land for park or recreation purposes and land for school sites to serve the immediate and future needs of the residents of the development or cash contribution in lieu of actual land dedication, or a combination of both, at the option of the village in accordance with the criteria and formula of section 54-212.

(Ord. of 12-14-1994, § 5-1)

 

Sec. 54-212. Criteria for requiring park and recreation land dedication.

 

            (a)        Population ratio. The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication. The total requirement shall be 5.5 acres of land per 1,000 of ultimate population in accordance with the following classifications:

 

Type of Recreation Area

Size Range

Minimum Acres per 1,000 People

(a)

Play lot

Minimum 8,000 square feet

Not applicable

(b)

School-park (neighborhood playground)

Minimum park - 5 acres

1.25

(c)

Neighborhood

Minimum - 3 1/2 acres

1.00

(d)

District-wide play field or park

Minimum 4 acres up to 30 acres

1.25

(e)

Communitywide recreation park

Minimum 12 acres up to 30 acres

2.0

 

 

 

____

 

 

 

5.5 acres of land per 1,000 people

 

 

            (b)        Location. The park and recreation plan as adopted by the park district in which the subdivision is located shall be used as a guideline in locating sites if such plan exists. If a park site of not less than five acres can be placed adjoining an elementary school, such a site dedication shall be a requirement. A central location serving the entire development is most desirable. In large developments these sites can be located throughout the development.

 

            (c)        Private park and recreation area. At no time shall any property within a subdivision which is reserved for private use of the residents thereof be credited toward a developer's park land contribution. Such property includes, but is not limited to, open space, parks, tennis courts, and similar areas, pools, clubhouse lots, and parking areas. Wetlands, floodplains or retention/detention ponds, generally, will not be acceptable as land donations. However, the village board may accept land donations consisting of up to 50 percent of such areas if the board determines the property is suitable for the intended purposes of this article.

(Ord. of 12-14-1994, § 5-2)

 

Sec. 54-213. Criteria for requiring school site dedication.

 

            (a)        Population ratio. The ultimate number of students to be generated by a subdivision or planned unit development shall bear directly upon the amount of land required to be dedicated for school sites. The land dedication requirement shall be determined by obtaining the ratio of the estimated number of children to be served in each school classification over the maximum recommended number of students to be served in each school classification as stated in this section, and then applying such ratio to the minimum recommended number of acres for a school site of each school classification as stated in this section. The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the increased children in each such school classification.

 

            (b)        School classification and size of school site. School classification and the size of school sites within the village shall be determined in accordance with the following criteria:

 

School Classification By Grades

Maximum Number Students for Each Such School Classification

Minimum Number of Acres of Land for Each School Site of Such Classification

Elementary schools (K-5) grades kindergarten through fifth

600 students

11 acres

Junior high schools (6-8) grades 6 through 8

900 students

19 acres

High schools (9-12) grades 9 through 12

2,300 students

48 acres

 

 

            (c)        Location. The comprehensive school plan and/or the standards adopted by the affected school district shall be used as a guideline in locating sites.

(Ord. of 12-14-1994, § 5-3)

 

Sec. 54-214. Criteria for requiring a contribution in lieu of park and school sites.

 

            (a)        Cash contribution to be held in trust. Where the development is small and the resulting site is too small to be practical or when the available land is inappropriate for park and recreational purposes or a school site, the village shall require the subdivider or developer to pay cash contribution in lieu of the land dedication required. The cash contribution in lieu of park and recreation land dedication shall be held in trust by the village, or other public body designated by the village, solely for the acquisition of park and recreation land as classified in this article, which will be available to serve residents of the subdivision or development. The cash contribution in lieu of school sites shall be held in trust by the village, or other public body designated by the village, solely for use in the acquisition of land for a school site to serve the immediate or future needs of children from the school district.

 

            (b)        Fair market value. The cash contribution in lieu of land shall be based on the fair market value of the improved acres of land in the subdivision that would have otherwise been dedicated as park and recreation and school sites. For the purposes of this chapter the fair market value of such improved land in and surrounding the village is $30,000.00 per acre, and such figure shall be used in making any calculation in this section, unless the village, subdivider or developer determines that such figure of $30,000.00 per acre does not accurately reflect the fair market value of the improved land of such subdivision. In such case, the fair market value shall be based upon an appraisal by a qualified appraiser. If the developer or subdivider does not agree with the appraisal, he may file a written objection to the village. Along with the objection, the developer shall submit an appraisal showing the fair market value of such improved land in the area of his development or other evidence thereof and final determination of such fair market value per acre if such improved land shall be made by the village board based on the information submitted by the subdivider or developer and from any other source which may be submitted to the village.

(Ord. of 12-14-1994, § 5-4)

 

Sec. 54-215. Criteria for requiring dedication of a fee or a cash contribution.

 

A combination of land dedication and a cash contribution in lieu of land will be necessary in the following situations:

 

            (1)        When only a portion of land to be developed is proposed as the location for a park or school site, that portion of the land within the subdivision falling within the park or school location shall be dedicated as a site, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated.

 

            (2)        When a major part of the local park or recreation site or school site has already been acquired and only a small portion of land is needed from the development to complete the site, the remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall be required for any additional land that would have otherwise been required to be dedicated.

(Ord. of 12-14-1994, § 5-5)

 

Sec. 54-216. Density formula.

 

Table A of this article shall be used in calculating the amount of required dedication of land or the cash contribution in lieu thereof. A subdivider or developer may file a written objection to the Table of Estimated Ultimate Population listed in this article. If so, he shall submit his own demographic study showing the estimated additional population to be generated from the subdivision or planned unit development. In that event, final determination of the density formula to be used in such calculations shall be made by the village board, at its sole discretion, based upon such demographic information submitted by the subdivider or developer, this chapter, and from other sources which may be submitted to the village board by the park district, school district, or others. The specific formula for the dedication of land, or the payment of fees in lieu thereof, as stated in this article, is subject to periodic review and amendment.

(Ord. of 12-14-1994, § 5-6)

 

Sec. 54-217. Reservation of additional land.

 

Where the comprehensive plan or the standards of the village call for a larger amount of park and recreational land or school sites in a particular subdivision or planned unit development than the developer is required to dedicate, pursuant to this chapter, the land required in excess of the developer's contribution shall be reserved by the developer for subsequent purchase by the village or other public body designated by the village. Such acquisition must be made within 18 months from the date of approval of the final plat.

(Ord. of 12-14-1994, § 5-7)

 

Sec. 54-218. Combining with adjoining developments.

 

Where possible, public open space or a school site which is to be dedicated should be combined with dedications from adjoining developments in order to produce usable recreation areas or school sites.

(Ord. of 12-14-1994, § 5-8)

 

Sec. 54-219. Topography and grading.

 

The topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purpose. Grading on sites dedicated for park and recreation uses shall not differ greatly from the surrounding land.

(Ord. of 12-14-1994, § 5-9)

 

TABLE A

ESTIMATED ULTIMATE POPULATION PER DWELLING UNIT

 

Type of Unit

Pre-School 0--4 Years

Elementary K--6 5--11 Years

Junior High 7--9 12--14 Years

High School 10--12 15--17 Years

Adults Per Unit 18 and Up

Total Unit

Detached single-family

 

 

 

 

 

 

2 bedroom

0.260

0.305

0.120

0.138

1.835

2.658

3 bedroom

0.286

0.500

0.215

0.229

2.000

3.229

4 bedroom

0.380

0.685

0.320

0.306

2.289

3.980

5 bedroom

0.401

0.965

0.524

0.415

2.400

4.705

Attached single-family (townhouses, rowhouses, quadplexes, etc.)

 

 

 

 

 

 

1 bedroom

-0-

-0-

-0-

-0-

1.52

1.520

2 bedroom

0.444

0.118

0.021

0.031

1.90

2.574

3 bedroom

0.468

0.385

0.110

0.123

2.00

3.086

4 bedroom

0.654

0.783

0.251

0.224

2.20

4.112

Low density apartment (to 15 per acre)

 

 

 

 

 

 

Efficiency

-0-

-0-

-0-

-0-

1.00

1.000

1 bedroom

0.070

0.052

-0-

-0-

1.42

1.542

2 bedroom

0.315

0.241

0.083

0.072

1.78

2.491

3 bedroom

0.472

0.362

0.095

0.178

2.00

3.107

4 bedroom

0.496

0.614

0.186

0.191

2.10

3.587

High density apartment (16 per acre)

 

 

 

 

 

 

Efficiency

-0-

-0-

-0-

-0-

1.00

1.000

1 bedroom

0.05

0.026

-0-

-0-

1.26

1.336

2 bedroom

0.21

0.077

0.031

0.021

1.43

1.769

3 bedroom

0.43

0.177

0.078

0.0067

2.00

2.752

 

 

Sec. 54-220. Application to other uses.

 

The dedication of land and cash contributions in lieu thereof required by this chapter shall also be required for trailer parks, multiple-family unit developments and to the annexation of any land to the village. As a condition of the granting of a permit for a trailer park; a multiple-family unit development; the change in use of an existing structure to a multifamily design for nontransient residents; or as a condition to the annexation; the owner, subdivider or developer shall comply with the requirements of this chapter.

(Ord. of 12-14-1994, § 5-11)

 

Sec. 54-221. Improved sites.

 

All sites shall be dedicated in a condition ready for full service of electrical, water, sewer, streets (including enclosed drainage and curb and gutter), and sidewalks as applicable to the location of the site, or acceptable provisions made therefor.

(Ord. of 12-14-1994, § 5-10)

 

Sec. 54-222. Interest earned or contributions.

 

As to any funds held in trust by the village pursuant to this chapter, the village shall be entitled to the interest from such funds so as to reimburse and compensate the village for its services as a trustee, administrator, and negotiator pursuant to this chapter.

(Ord. of 12-14-1994, § 5-12)

 

Sec. 54-223. Obtaining cash contributions.

 

Whenever funds have been contributed for school purposes in lieu of land, the village may require that any school district seeking to obtain such funds contributed for developments within the school district submit and be subject to the following:

 

            (1)        Submission of a resolution of the school district board, certified by its secretary, stating that the school district has contracted to purchase real property; or, in the alternative, that the school district intends to erect a school or an addition to a school. The resolution shall further state that such proposed use of the funds conforms with the requirements or regulations of the appropriate state agency whose approval would be required in order to proceed with either acquisition or construction work proposed.

 

            (2)        Upon approval by the village board of trustees of the expenditure of cash contributions made in lieu of school site dedications, the board may require a contract to be executed providing for the specific use of the money, time limitations of its use, repayment of portions of such cash not used on a specific project or any other criteria, conditions or covenants the village board deems necessary in order to fully carry out and conform to this chapter.

 

            (3)        Upon completion of any project undertaken with the use of such funds, the school district shall provide an accounting to the village board of trustees of the actual expenditures by the school district board of such money received from the village.

(Ord. of 12-14-1994, § 5-13)

 

Sec. 54-224. Time for conveyance of dedicated lands and payment of fees in lieu thereof.

 

Land acquired to be dedicated shall be conveyed at the final plat stage, or within a reasonable time thereafter as permitted by the village, by warranty or trustees deed free and clear of all liens and encumbrances, except current real estate taxes and customary title company exceptions. Fees in lieu of such land dedications calculated as provided in this article shall be paid as a condition of final plat approval. Real estate taxes not yet due at the time of such conveyance or any real estate taxes thereafter due by reason of the change of use of the property from farming or agricultural purposes under 35 ILCS 200/9-150 shall be paid by the developer when the same shall come due. Sufficient guarantees of the payment of such taxes shall be provided to the village as a condition of final plat approval.

(Ord. of 12-14-1994, § 5-14)

 

Secs. 54-225--54-260. Reserved.

 

  ARTICLE VII.

 

FLOODPLAINS

 

Sec. 54-261. Prohibition of development.

 

Any property, parcels, tracts, lots, or lands contained within a floodplain shall not be developed except as otherwise provided in this article. A floodplain shall include a floodway and a flood fringe.

(Ord. of 12-14-1994, § 6-1)

 

Sec. 54-262. Variance.

 

An owner of any such property may apply for a variance to the prohibition of section 54-261, which process shall be in accordance with the most recent adopted floodplain ordinance of the village as promulgated by the Federal Emergency Management Agency. No variance shall be granted for construction of any structures in a floodplain which are designed or intended to be occupied by people. Any such variance request shall be limited to the allowance of construction of parking areas, water retention or detention areas, walkways, bike paths, parks, and other open space type uses. 

(Ord. of 12-14-1994, § 6-2)

 

Click Link Below for Appendix to the Subdivision Code

 

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