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HomeMy WebLinkAboutG19-76A V` ,,,,,, Ordinance No. G19-76 AN ORDINANCE REGULATING THE SUBDIVISION AND DEVELOPMENT OF LAND WITHIN THE CITY OF ELGIN WHEREAS, the present and future development of the City of Elgin is of vital importance to residents of the City of Elgin; and WHEREAS, it is necessary to establish standards of design for subdivisions and for resubdivisions for development of unimproved land and areas subject to resubdivision in order to provide adequate public improvements; and WHEREAS, it is necessary to establish reasonable requirements governing the width, course and location of public streets,and highways, curbs, gutters, sidewalks, street lights, parks and playgrounds, school grounds, size of lots, storm water drainage, water supply and disposal, sanitary sewers and sewage collection and treat- ment,to promote the orderly growth of the City of Elgin; and WHEREAS, the City of Elgin is a home rule unit within the meaning of the Con- stitution of the State of Illinois of 1970; and WHEREAS, regulation of the development of land is within the powers and func- tions of the City of Elgin as a home rule unit. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: tow Section 1. That Chapter 22 of the Municipal Code of Elgin, Illinois, as amended, entitled, "Plats, Subdivision Regulations, Surveys and Additions", be and is hereby repealed. Section 2. That there is hereby added to the Municipal Code of Elgin, Illinois, as amended, the following: "22.1 GENERAL PROVJSIONS These regulations shall hereafter be known, cited and referred to as the Subdivision Regulations of the City of Elgin. A. Policy. 1. It is hereby declared to be the policy of the municipality to consider the subdivision of land and the subsequent development of the subdivided plat as subject to the control of the municipality pursuant to the official master plan of the muni- cipality for the orderly, planned, efficient, and economical development of the municipality. 2. Land to be subdivided shall be of such character that it can be used safety for building purposes without danger to health or peril from fire, flood, or other menace, and land shall r not be subdivided until available public facilities and improve- ments such as schools, parks, recreation facilities, transporta- tion facilities, and improvements. 3. The existing and proposed public improvements shall conform to and be properly related to the proposals shown in the Master Plan, Official Map, and the capital budget and program of the municipality, and it is intended that these regulations shall supplement and facilitate the enforcement of the provi- sions and standards contained in building and housing codes, zoning ordinances, Master Plan, Official Map and land use plan, and capital budget and program of the municipality. B. Purposes. 1. To protect and provide for the public health, safety and general welfare of the municipality. 2. To guide the future growth and development of the municipality, in accordance with the Master Plan. 3. To provide for adequate light, air, and privacy, to secure safety from fire, flood, and other danger, and to prevent overcrowding of the land and undue congestion of population. 4. To protect the character and the social and economic stability of all parts of the municipality and to encourage the orderly and beneficial development of all parts of the municipality. 5. To protect and conserve the value of land throughout the muni- cipality and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings. 6. To guide public and private policy and action in order to pro- vide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities. 7. To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the municipality, having particular regard to the voidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines. 8. To establish reasonable standards of design and procedures for subdivisions and resubdivisions, in order to further the orderly layout and use of land; and to insure proper legal descriptions and monunenting of subdivided land. 9. To insure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision. I I ' 10. To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and manage- ment of natural resources throughout the municipality in order to preserve the integrity, stability, and beauty of the community and the value of the land. 11. To preserve the natural beauty and topography of the municipality and to insure appropriate development with regard to these natural features. 12. To provide for open spaces through the most efficient design and layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of land as established in the zoning ordinance of the municipality. 22.2 RULES AND DEFINITIONS. For the purpose of these regulations the terms and words used herein shall be used, interpreted and defined as follows: BUILDING SETBACK LINE. The distance between a building and the street line nearest to the building. CavMDN OPEN SPACE. Land unoccupied by structures, buildings, streets, rights-of-way or automobile parking lots and designed and intended for use or enjoyment of residents of a planned unit development or other forms of common ownership or property. Common open space may also be for the use and enjoyment of the public if proper agreements have been instituted by the developers and the City for dedication to the City. Common open space may contain structures for recreational use. No area within twenty- five (25) feet of any building or structure, except a structure used for recreational use or a pathway designed in connection with an overall open space network, shall be considered as common open space. DENSITY, GROSS. The ratio between the total number of dwelling units of a given tract of land and the total area in acres including all land use areas and all public and private rights-of-way. DENSITY, GROSS RESIDENTIAL. The ratio between the total number of dwell- ing units by dwelling unit type on the land area designated for that type of residential use and the total residential land area by dwelling unit type in acres, exclusive of all public and private rights-of-way and other non-residential uses. DETENTION AREA. An area of land which provides for the temporary storage of storm water runoff. DEVELOPER. The owner of record of land proposed to be subdivided or his representative. Consent shall be required from the owner of record of the premises. _ f EASEMENT. A grant of property rights by an owner for use by another for a specified purpose of any designated part of the owners property. FINAL PLAT. The map or plan or record of a subdivision and any accompanying material as described in this ordinance. FLOOD PLAIN. That land whose surface elevation at any given point is lower than the high-water elevation at that point and is subject to periodic inundation. FLOOD PRONE AREAS. Those areas within a flood plan or a lowland that may be subject to periodic inundation by storm water. HIGH-WATER ELEVATION. The highest level of water which has been observed during past floods or a level that may reasonably be expected. IMPROVED LAND. Land planned for use and located within the development in concern, after installation of all improvements such as sewers, water supply, street improvements, pedestrian walks, public utilities, as may be requried throughout the development under the applicable ordinances of the City to serve any such subdivided or developed land. LOT. A parcel of land (whether legally so described or subdivided as one or more lots or parts of lots) located within a single block, occupied by, or intended for occupanck by one principal building or principal use, and fronting on a public street. LOWLAND AREAS. Those areas where surface water accumulates, either tem- porarily or permanently, because of inadequate or improper drainage to streams and water channels and are therefore considered to be flood prone. OFFICIAL PLAN. The comprehensive plan for future development of the City of Elgin adopted by the City of Elgin. OWNER. Any person, group pf persons, firm or firms, corporation or corporations, or other legal entity holding legal title in the land proposes to be subdivided under this ordinance. PATHWAY. A right of way to be used primarily by pedestrians and non- mot— o ed vehicles. PLANNED UNIT DEVELOPMENT. A unified development of one or more tracts of contiguous land in a single ownership or unified control and which includes two or more principal buildings or uses, and where the specific require- ments of a given district may be modified if the application is processed under the plannettunit development procedure of this ordinance. PRELIMINARY PLAT. The map, plan or record of a proposed development of subdivision, containing items as required by this ordinance. PROTECTIVE COVENANTS. Recorded conditions entered into between private parties and constituting a restriction on the use of all private property within a subdivision or development for the mutual benefit of successor 410 property owners, and to provide protection against undesirable aspects of developments which would tend to impair the stability of values. RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. The usage of the term "right-of- way" for landplatting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shad trees, or any other use involv- ing maintenance by a public agency gial be dedicated to public use by the maker of the plat on which such right-of-way established. SCHOOL DEMOGRAPHIC STUDY.'The study of the estimated population growths of land depicted in a plat, with special emphasis upon the estimated numbers of children to be generated from the families to reside in the various dwelling units proposed for such land, and with special estimates as to the estimated percentage of child generation per various types of proposed dwelling units. SCHOOL DISTRICT. Any public school district situated wholly or partially within a proposed subdivision or development. SEWER, SANITARY. A conduit for transporting industrial and domestic waste. SEWER STORM. A conduit intended to carry only storm water, surface runoff, street wash waters, and drainage water, grid water or sub- surface water or any other unpolluted waters. STREET, PRIVATE. A paved area located on private property for the purpose of providing vehicular access to that property. STREET, PUBLIC. A paved area located within a right-of-way for the purpose of providing �itcular access to abutting properties. STREET TYPES. ARTERIAL. A street with the highest degree of continuity within the overall street system and serving as a major trafficway for high volumes of traffic through the Elgin environs with restricted access to abutting properties. Designed for over 3,500 vehicles daily. COLLECTOR. A street of considerable continuity which provides for moderate traffic volumes between arterial and local streets with direct access to abutting properties permitted. Designed for 1,000 to 3,500 vehicles daily. LOCAL. A street with limited continuity used primarily for the move- ment of low volumes of traffic and with provision of access to abutting properties and collector streets in the overall street system. Designed for 400 to 1,000 vehicles daily. MINOR. A street of extremely limited continuity used primarily for the movement of low volumes of traffic and to serve a limited area. Designed for 400 vehicles or less daily. FRONTAGE ROAD. A street contiguous to and generally paralleling an arterial street, designed so as to intercept, collect and distribute traffic designed to cross, enter, or lease such a street and to furnish access to property that otherwise would be isolated as a result of the restricted access frontage. LANE. A street which provides for the movement of low volumes of traffic and access to properties within an estate residential subdivision. CUL-DE-SAC. A minor street with only one outlet with an appropriate terming vehicular turn-around for the safe and convenient reversal of traffic movement. UNIFIED CONTROL. The combination of two or more tracts of land wherein each owner has agreed that his tract of land shall be developed as part of a planned unit development and shall be subject to the control of this ordinance applicable to the planned development and considered for subdivision or development purposes as a single tract of land. 22.3 PLAN AND PLAT SUBMISSION PROCEDURE. Except as otherwise provided by the State of Illinois "Plat Act" and the "Condominium Property Act", prior to subdividing any tract of land, an owner or subdivider shall: A. Preliminary Plan Submission 1. File four copies of preliminary plan and all data necessary to show compliance with all applicable regulations, with the Department of Community Development, (one copy of each shall be submitted to the Department of Public Works and Engineering, the City Clerk and the Fire Department) and pay the required fee. 2. The Land Use Committee shall approve or disapprove the applica- tion for preliminary approval within 90 days from the date of 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 mutual consent. If such plat is dis- approved, then within said 90 days the Land Use Committee shall furnish to applicant in writing a statement setting forth the reason for disapproval and specifying with particularity the aspects in which the proposed plat fails to conform to the applicable regulations including official plan. If such plat is approved the corporate authorities shall accept or reject said plat within 30 days after its next regular stated meeting following the action of the Land Use Committee. Preliminary approval shall not qualify a plat for recording. 3. Application for final approval of a plat shall be made low not later than sixnxatimpafter preliminary approval has been granted. This application must be supported by such drawings, specifications and bonds as may be necessary to demonstrate compliance with all applicable ordinances. 4. The applicant may elect to have final approval of a geo- graphic part or parts of the plat that received preliminary approval, and may delay application for approval of other parts until a later date or dates beyond one year with the approval of the City Council; provided, all facilities required to serve the part or parts for which final approval is sought have been provided. In such case only such part or parts of the plat as have received final approval shall be recorded. B. Final Plat Submission: Within six (6) months after receiving the required approval of the preliminary plan by the City Council, or a period of time beyond six months that may be granted by the City Council, there shall be submitted to the Department of Community Development: 1. The original and four copies of the final plat as required herein, are to be filed with the Department of Community Development. (One copy each shall be given to the Depart- ment of Public Works and Engineering, the City Clerk and the Fire Department). 2. When a person submitting a plat of subdivision or resubdivi- sion for final approval has supplied all drawings, maps and other documents required by the municipal ordinances to be furnished in support thereof, and if all such material meets all municipal requirements, the City Council shall approve the proposed plat within 60 days from the date of filing the last required document or other paper or within 60 days from the date of filing application for final approval of the plat, whichever date is later. The applicant and the corporate authorities may mutually agree to extend the 60 day period. 3. If the preliminary or final plat is approved, the City Clerk shall attach a certified copy of the order or resolution of approval to a copy of the plat. If the proposed plat is disapproved, the order or resolution shall state the reasons for the disapproval, specifying with particularity the aspects in which the proposed plat fails to conform to the official map. A copy of the order or resolution shall be filed in the office of the City Clerk. 4. The City Clerk shall record the plat with the Recorder of Deeds of the county in which the subdivision is located. The recorded plat will then be returned to the Department of Community Development for the purpose of making copies for distribution. All original annexation plats will be returned to the City Clerk to be kept on file; the original final plat will be returned to the applicant and a copy shall be kept on file. 5. No further municipal action including but not limited to approval of performance bonds, issuance of building permit or approval of engineering plans and specifications shall be taken until the required subdivision or development plat has been recorded. 22.4 PRELIMINARY PLAT CONTENT A. Identification and Description 1. Proposed name of development (not duplicating the name of any plat heretofore recorded in Kane, Cook, or DuPage County). 2. Location by section, township, and range, or by other legal description. 3. Names and addresses of owner, subdivider, and developer having control of the tract; name and seal of registered engineer or surveyor who prepared topographic survey; and the designer of the plan. 4. Graphic (engineering) scale not smaller than one inch to 100 feet. 5. North-point (designated as true north). 6. Date of preparation of original and any revisions. 7. Plat of survey prepared-by a Land Surveyor registered in the State of Illinois. B. Existing Conditions 1. Boundary lines of proposed subdivision or planned unit development clearly indicated. 2. Total approximate acreage. 3. Existing zoning districts. 4. Location, widths, and names of all existing or previously platted streets or other rights-of-way, showing type of improvement, if any; railroad and utility rights-of-way; parks and other public open spaces; permanent buildings and structures; easements; and section and corporate lines within the tract and to a distance of 100 feet beyond the tract. 5. Location and size of existing sewers, water mains, culverts or other underground facilities within the tract and to a distance of 100 feet beyond the tract, and also indicating such data as grades, invert elevations, and locations of catch basins, manholes, and hydrants. 6. Location map, drawn at a scale of not less than one inch equals 1,000 feet showing boundary lines and the ownership of adjoining unsubdivided or subdivided land, within an area bounded by nearest arterial streets or other natural boundaries. Identify type of use of surrounding land and shown alignments of existing streets. 7. Topographic data including existing contours at vertical intervals of not mime than two feet. Topographic data shall refer to City of Elgin datum. Water courses, flood plains, marshes, rock outcrops, trees of twelve (12) inch diameter or more, other significant features, and soil bearing data at locations and depths as may be required by the Department of Public Works and Engineering. 8. Locations of, or reference to, existing monuments or survey markers used in preparation of survey and the grade elevation of each monument and marker. C. Subdivision or Planned Unit Development Design Features 1. Layout of streets and pedestrian ways showing right-of-way and pavement widths, street names (not duplicating the name of any street heretofore used in the City or its environs, unless street is an extension of an already-named street, in which event that name shall be used) and showing proposed through streets extended to boundaries of the development, 2. Topographic data including proposed contours and areas to be provided for any storm water detention requirements. 3. Layout, numbers, and typical dimensions of lots for subdivi- sions (building locations for planned unit developments) to the nearest foot; and the proposed land use for each lot, parcel, or tract. 4. Proposed building setback lines, indicating dimensions. 5. Areas other than street rights-of-way, intended to be dedicated or reserved for public use, and the approximate area in acres of each. 6. Proposed water main, sanitary, and storm sewer layout. 7. Applications for planned unit developments shall also include the submission of the following: a. Architectural plans, preliminary sketches and renderings for all primary buildings shall be submitted in sufficient detail to permit an understanding of the Style of the development. b. A development schedule indicating dates and phases in which the project will be built with emphasis on area, density, use, and public facilities such as open space, shall be submitted on forms provided by the City. c. Landscaping and planting plan. d. Site lighting plan. 8. Impact assessments as may be required by the Department of Community Development in order to adequately evaluate the effect of the proposed development on the environment and existing community facilities and surrounding land uses, existing and proposed. 22.5 QUALIFICATIONS GOVERNING APPROVAL OF PRELIMINARY PLAN A. The Land Use Committee may recommend, or the City Council may require such changes or revisions and impose such conditions as are deemed necessary in the best interest and needs of the community and which are reasonably necessary to preserve and protect the public interest and specifically and uniquely attributable to the proposed plat of development including but not limited to bulk regulations, dedication of land for public purposes, contributions to the cost of necessary traffic control systems. B. The approval of a preliminary plan by the Land Use Committee and by the City Council is tentative only, involving the general acceptability of the layout as submitted. 22.6 FINAL PLAT CONTENT A. Identification and description: The final plat shall be accurately drawn in ink on material capable of producing clear and legible contact prints or photostatic copies. 1. Name of developer. 2. Street names. 3. Location by section, township, and range and by legal description. 4. Graphic (engineering) scale shall be one inch to 100 feet. 5. North point (designated as true north) . B. Information Required for the Subdivision Plat 1. Accurate angular and lineal dimensions for all lines, angles, and curvatures with functions used to describe all boundaries including perimeter survey of tract, rights-of-way, easements, areas to be reserved for public use, and other important features. Error of closure of boundary-line surveys shall not exceed one in ten thousand (one foot for each 10,000 feet of perimeter survey) . Lot lines to show dimensions in feet and hundredths, and when an angle occurs in any lot line between lot corners, the measurements of the angle shall be shown. 2. An identification system for all lots, blocks, or buildings. eft 3. True angles and distances to the nearest established street lines and official monuments (not less than three) , which shall be accurately described in the plat by location, size, and elevation. 4. Municipal, township, and county boundaries and section lines accurately tied to the lines of the subdivision by distances and angles. 5. Accurate location of all monuments which shall be of Portland cement concrete four inches by six inches by twenty-four inches or approved equal, with iron pipe cast in center. Permanent stone or concrete monuments shall be st at each corner or angle on the outside boundary. Pipe 3/4 inch dia- meter or steel rod 1/2 inch diameter, by 18 inch length, placed at the corners of each lot and block; at each inter- section of street center-lines; at angle points and at the ends; and at suitable intervals along curves. All U.S. , state, county, city, or other official benchmarks, monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position and noted as such on the plat. 6. Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, or for the exclusive use of property owners within the subdivision, and with the purposes indicated thereon. 7. Protective covenants shall be lettered on the final plat or appropriately referenced thereon. 8. A separate list identifying and indicating the square footage of each lot within the subdivision. C. Information Required for the Planned Unit Development Plat A final, detailed land use and zoning plat, suitable for recording with the County Recorder of Deeds, shall be prepared. The purpose of the planned unit development plat is to designate with particular- ity the land subdivided into conventional lots, as well as the division of other lands, not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure as well as of the land in general. The final planned unit development plat and supporting data shall include: 1. All information as required in Section 22.6.B. 2. Designation of the exact location of all buildings to be con- structed, and a designation of the specific internal uses to eb' which each building shall be put, including construction details; center-line elevations; pavement type; curbs, gutters, culverts, etc. ; and a street numbering designation shall be furnished for each building. 1 3. Co4ion open space documents shall be provided indicating, at the election of the City, that common open space shall be: a. Conveyed to a municipal or public corporation; or conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned development or adjoining property owners, or any one or more of then. All lands conveyed hereunder shall be subject to the right of the grantee or grantees to enforce maintenance and improvement of the common open space; or b. Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the planned unit development or adjoining property owners and/or both. 4. Any changes which alter the concept or intent of the planned unit development including: a. Increases in density; b. Reductions to proposed open space; c. Changes in roadway standards: 1) Roadway location; 2) Pavement widths; 3) Ownership and maintenance; d. Changes in the sequence of development; e. Increases in the height of buildings; or f. Changes in the final governing agreements, provisions, or covenants. Such changes require the submission of a new preliminary plan and supporting data and following the preliminary approval steps and subsequent amendment of the final planned development plat. 5. Changes that may be granted by the Land Use Administrator include: a. Moving buildings, roadways, and parking lots by 10 feet or less; b. Decreases in density; c. Increases in open space; Given under my hand and Notarial Seal this day of , 19 , at ,Tlino is. Notary-Public d. PLANNING AND LAND USE COM4ISSION STATE OF ILLINOIS ) COUNTY OF ) ss CITY OF ELGIN ) Approved this day of , 19 Planning and Land Use Commission Secretary e. SURVEYOR'S CERTIFICATE STATE OF ILLINOIS ) COUNTY OF ) ss CITY OF ELGIN-- ) This is to certify that I, , Illinois Land Surveyor No. , have surveyed and subdivided the following described property;as shown by the annexed plat which is a correct representation of said survey and subdivision. All distances are shown in feet and decimals thereof. I further certify that all regulations enacted by the City Council relative to plats and sub- divisions have been complied with in the preparation of this plat. Given under my hand and seal at , Illinois, this day of , 19 f. COUNTY CLERK AND CITY TREASURER CERTIFICATE STATE OF ILLINOIS ) COUNTY OF ) ss CITY OF ELGIN ) I, , County Clerk of County, or City Treasurer of Elgin, Illinois, do hereby certify that there are no delinquent general taxes, no unpaid current general taxes, no unpaid forfeited taxes and no redeemable tax sales against any of the land included in the annexed plat. I further certify that I have received all statua.tory fees in connection with the annexed plat. Given under my hand and seal at , Illinois, this day of , 19 County Clerk City Treasurer • d. Substitution of alternate plant material in the landscape plan; e. Building materials. D. Appropriate Certificates Required The final plat shall include the following certificates as required: a. OWNERS CERTIFICATE STATE OF ILLINOIS ) COUNTY OF ) ss CITY OF ELGIN This is to certify that the undersigned is the owner of the land described in the annexed plat, and that he has caused the same to be surveyed and subdivided as indicated thereon, for the uses and purposes therein set forth, and does hereby acknowledge and adopt the same under the style and title thereon indicated. Address Dated this day of , 19 All b. MORTGAGFFS CERTIFICATE STATE OF ILLINOIS ) COUNTY OF ) ss CITY OF ELGIN ) This is to certify that the undersigned is the owner of the land described in the annexed plat, and consents to the subdivi- sion of the said land as shown on this plat. Address Dated this day of , 19 C. NOTARY CERTIFICATE I, , a Notary Public, in and for said City, or County, in the state aforesaid, do hereby certify that , personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such owners, appeared before me this day in person and acknowledged that they Aqh signed and delivered the annexed plat at their awn free and vol- untary act for the uses and purposes therein set forth. fir• g. CERTIFICATE AS TO SPECIAL ASSESSMENTS STATE OF ILLINOIS r COUNTY OF )' ss CITY OF ELGIN ) I do hereby certify that there are no delinquent or unpaid current or forfeited special assessments or any deferred install- ments thereof that have not been apportioned against the tract of land included in this plat. County Clerk City Treasurer Dated at , Illinois, this day of , 19 h.. CITY COUNCIL CERTIFICATE STATE OF ILLINOIS ) COUNTY OF ) ss CITY OF ELGIN ) Approved and accepted this day of 19 CITY COUNCIL OF ELGIN, ILLINOIS By May Attest: by Clerk Mayor 22.7 QUALIFICATIONS GOVERNING APPROVAL OF FINAL PLAT The final plat to be placed on record shall be approved subject to the following conditions: A. Recorded as prescribed herein. B. Submission of engineering plans and specifications when required; the estimate of cost for the required improvements; and the approval of said document by the Department of Public Works and Engineering. Such plans and specifications shall be required with any plat which involves the construction of any water main, sanitary sewer, storm sewer, street improvements, and as otherwise may be directed by the City Engineer. C. A completion bond in the amount of, or deposit with the City Clerk such an amount, in cash, as the City Engineer, based upon his estimate of the cost to be necessary to complete all the public improvements required by these regulations to be installed by the developer. The completion bond shall be guaranteed by good and sufficient sureties authorized to do business in the State of Illinois. In lieu of a cash deposit or a surety bond, the requirements of this section may be met by the posting of a irrevocable letter of credit in favor of the City of Elgin issued by a bank or savings and loan association and providing that such letter of credit shall continue in full force and effect until such time as it is released by the City of Elgin; such letter of credit shall be in such form as may be approved by the Corporation Counsel. D. Compliance with all applicable ordinances and regulations of the City of Elgin. 22.8 SUBDIVISION DESI(N1 STANDARDS A. Street Plan. The arrangement, character, extent, width, grade, and location of all streets shall conform to the Official Plan and shall be considered in their relation to existing and planned streets; to reasonable circulation of traffic within the subdivision and adjoin- ing lands; to topographical conditions; to runoff of storm water; to public convenience and safety; and in their appropriate relation to the proposed uses of the area to be served. B. Streets. 1. All right-of-way widths shall conform to the following dimensions: Major Arterial 100 to 200 feet Minor Arterial 80 to 100 feet Collector Street 80 feet Minor Street 60 feet Cul-de-sacs 50 feet Frontage Access Street 40 feet Right-of-way widths for frontage access streets, when required, shall be in addition to the required right-of-way for the adja- cent trafficway. 2. Right-of-way widths of major arterials, minor arterials and collector streets shall be in accordance with those designated on the Official Plan. 3. Minor streets shall be so aligned that their use by through traffic will be discouraged. 4. Street centerline offsets of less than 125 feet shall be avoided whenever possible. 5. It must be evidenced that all street intersections of more than two streets shall be avoided unless specific conditions of design indicate otherwise. 6. Alleys are not permitted. 7. Cul-de-sac streets shall be not more than 500 feet in length measured along their centerlines from the street of origin to the ends of their rights-of-way unless there are fewer than fifteen (15) lots abutting the cul-de-sac. Each cul-de-sac shall have a terminus of nearly circular shape with a minimum diameter of 120 feet. 8. Partial streets shall be prohibited. Where the Official Plan requires the dedication of a right-of-way not wholly located upon a tract of land owned or controlled by the prospective developer, the City may take such action as may be required to obtain the dedication of such adjacent land as deemed necessary. 9. Private streets shall be permitted only in planned unit develop- ments or in other instances as specifically approved by the City Council. 10. To provide adequate protection of residential properties and to afford separation of through and local traffic, provisions shall be made for serving lots abutting major and minor arterial streets and railroad rights-of-way by either the use of (2) frontage access streets, or (b) backing lots to the arterial street with a screen planting contained in a non-access reservation along the rear property line. 11. Gradients of streets shall be at least 0.4 percent and shall not exceed on: Major Arterial 4 percent Minor Arterial 4 percent Collector Street , -& percent Minor Street '7 percent Private Street 8 percent 12. Street design and geometries not covered in this section shall be in accordance with the applicable standards of the Illinois Department of Transportation and the American Association of State Highway Officials "Urban Highways and Arterial Streets". C. Pathways. Pathways shall be at least twelve (12) feet wide with appropriate landscaping and screening along side boundary lines as approved by the Department of Community Development. D. Easements. Easements shall be provided for any underground utility service including storm water drainage, where necessary and as required by the Department of Public Works and Engineering. They shall be a minimum of ten feet wide, and established at the rear of each lot and along such other lot lines as to provide continuity of alignment from block to block. Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a drainage maintenance and open space easement. The easement shall be a minimum distance of twenty-five (25) feet from each side of the normal edge of the water course as determined by the City Engineer, and shall conform substantially with the lines of said water course. E. Block Standards. 1. Blocks over 900 feet long may require pathways. The use of '' additional pathways to provide pedestrian access to nearby schools, parks, or other public facilities serving residents of the subdivision may reasonably be required by the City Council. 2. Blocks must fit readily into the overall plan of the subdivi- sion and their design must evidence consideration of topographical conditions, lot planning, traffic flow, and open space areas. F. LO, StAndillds 1. Lots should be as neatly rectangular in shape as practicable. 2. Lots shall conform with lot width and area requirements set forth in the Zoning Ordinance of the City of Elgin, and in subdivisions located beyond the city limits, lot widths and area shall conform with requirements of applicable county coning ordinances. 3. All lots shall abut on a publicly dedicated right-of-way unless within an approved planned unit development. 4. Side lot lines shall be substantially at right angles or radial to the street line. 5. Additional building setbacks may be required in the case of corner lots to assure the proper development of intersection design and traffic safety. 6. Double-frontage lots are not permitted except: a. where lots back upon a major or minor arterial street, vehicular access' from the lots to the major or minor street is prohibited; and b. where topographic or other conditions render subdividing otherwise unreasonable, such double frontage lots shall have an additional depth of at least twenty (20) feet to allow for a protective screen planting on one frontage. 7. Lots adjacent to a water course, drainage way, channel, or stream may be required to have an additional depth or width to provide an acceptable building site and to assure an adequate, future storm water channel. 8. In the subdividing of any land within the city or within one and one-half miles of the corporate limits, due regard shall be shown for all natural features, such as natural vegetation, water courses, historic designations, or similar conditions. • 22.9 SCHOOL SITES, PARKS AND OTHER PUBLIC AREAS, As a condition of approval of a final plat of subdivision, or of a final plat of a planned unit development, each subdivider or developer shall be required to dedicate land for school sites and park and recreational purposes, to serve the immediate and future needs of the residents of the development; or cash contributions in lieu of actual land dedication; or a combination of both, at the option of the City in accordance with the following criteria and formula: A. Criteria for Requiring School Site Dedication: 1. Requirement and Population Ratio The ultimate number of students to be generated by a subdivi- sion 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 obtain- ing the ratio of: (1) estimated children to be served in each such school classification over the (2) maximum recommended number of students to be served in each such school classifica- tion as stated herein, and then applying such ratio to the (3) said minimum recommended number of acres for a school site of each school classification as stated herein. The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the estimated increased children in elkeach such school classification. 2. School Classifications and Size of School Site. School classifications and size of school sites within the City shall be determined in accordance with the following criteria: Maximum Number of Minimum Number of Acres Students for Each of Land for Each School School Classification Such_School Classifi- Site of Such Classifica- by Grades cation tion • Elementary Schools, 600 students 10 Acres Grades - Kindergarten thru 6th (K-6) Junior High Schools Grades 7th thru 9th (7-9) 1200 students 22 Acres High Schools, Grades 10 2500 students 50 Acres thru 12 (10-12) 3. Location. The official plan and the standards adopted by the affected School District shall be used as a guidelines in locating sites. B. Criteria for Requiring Park and Recreation Land Dedication: 1. Requirement and 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 6.0 acres of land per 1,000 of ultimate population in accordance with the following standards by types of recreation and park areas: Types of Recreation Minimum Acres per Area Size Range 1,000 Population a) Play Lot Minimum 7,500 Sq. Ft. Not Applicable b) Neighborhood Minimum 3 Acres 1.0 Acres Park c) School-Park Minimum 5 Acres 1.5 Acres (Neighborhood Play Ground) d) District-Wide Minimum 10 Acres 1.5 Acres Park or Play Field e) Community Wide Minimum 15 Acres 2.0 Acres Recreation Park '"' TOTAL 6.0 Acres of Land per 1,000 Population 2. Location. The Comprehensive Plan and/or the "Standards by Types of Recreation and Park Areas" as adopted by the City shall be used as a guidelines in locating sites. A central location which will serve equally the entire development is most desirable. In large developments these sites can be located throughout the development according to established standards for park area distances. 3. Credit for Private Open Spaces and Recreation Areas. When subdividers or developers provide their own open space for recreation areas and facilities, it has the effect of reducing the demand for local public recreational services. Depending on the size of the development, a portion of the park and recreation area in subdivisions or planned unit developments may, at the option of the City Council, be provided in the form of "private" open space in lieu of dedicated "public" open space. The extent of same shall be determined by the City Council, based upon the needs of the projected residents and in conformance to the total park and recreation land for the general area. In general, a substitution of private open space for dedi- cated parks will imply a substantially higher degree of improvement and the installation of recreational facilities, including equipment by the developer as part of his obliga- tion. Detailed plans of such areas, including specifications of facilities to be installed, must be approved by the City, and before any credit is given for private recreation areas, the subdivider or developer must guarantee that these pri- vate recreation areas will be permanently maintained for such use by the execution of the appropriate legal documents. Private "swimming clubs" are included in this provision. When an adjustment for private recreation areas is warranted, it will be necessary to compute the total park land dedica- tion that would have been required from the subdivision or planned unit developmentsaWthen subtract the credit to be given. C. Criteria for Requiring a Contribution in Lieu of Park and School Sites: Where the development is small and the resulting site is too small to be practical or when the available land is inappropri- ate for park and recreational purposes or a school site, the City shall require the subdivider or developer to pay a cash contribution in lieu of land dedication required. The cash contribution in lieu of park and recreation land dedication shall be held by the City solely for the acquisition of park and recreation land as hereinbefore classified, which will be available to serve the immediate or future needs of the residents of that subdivision or development or for the improvement of other existing local park and recreational land which already serves such needs. The cash contributions in lieu of school sites shall be collected by the City and forwarded from time to time to the School District to be used solely for use in the acquisition of land for a school site to serve the immediate or future needs of children from that subdivision or development or for the improvement to any existing school site which already serves such needs, but not for the construction of any school buildings or additions thereto, 1. Fair Market Value. The cash contributions in lieu of land shall be based on the "fair market value" of the acres of land in the area improved as specified herein, that otherwise would have been dedicated as park and recreation and school sites. It has been determined that the present "fair market value" of such improved land in and surrounding the City is $12,000 per acre and such figure shall be used in making any calculation herein unless the subdivider or developer files a written objection thereto. In the event of any such 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 said "fair market value" per acre of such improved land shall be made by the City Council based upon such information submitted by the subdivider or developer and from other sources which may be submitted to the City Council by the School District or others. 2. Criteria for Requiring Dedication and a Fee. There will be situations in subdivisions or planned unit developments when a combination of land dedication and a contribution in lieu of land are both necessary. This will arise when only a portion of the.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 as aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated. D. Dwelling Unit Population Formula. The following table (attached) of population density is generally indicative of current and short range projected trends in family size for new construction and shall be used in calculating the required land or cash contributions. In the event a subdivider or developer files a written objection to the Table of Estimated Ultimate Population listed herein he shall submit his own demographic study showing the estimated additional population to be generated from the subdivision or planned unit development and, in that event, final determination of the density formula to be used in such calculations shall be made by the City Council based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the City Council by the School District or others. It is recognized that population density, age distri- bution and local conditions change over the years, and the specific formula for the dedication of land, or the payment of fees in lieu thereof, as stated herein, is subject to periodic review and amendment if necessary. TABLE OF ESTIMATED ULTIMATE POPULATION PER DWELLING UNIT ' TYPE OF UNIT PRE-SCHOOL ELEMENTARY JUNIOR HIGH SENIOR HIGH TOTAL STUDENT YIELD ADULTS PER TOTAL PER N.A. Grades K-6 Grades 7 - 9 Grades 10-12 Grades K-12 UNIT UNIT Ages 0- 4 Years 5-10 Years 11-14 Years 15 - 17 Years 5 - 17 Years SINGLE FAMILY: 3 Bedroom .51 .89 .38 .24 1.51 2.00 4.02 4 Bedroom .54 1.04 .46 .32 1.82 2.00 4.36 TOWNFDUSES/ROW HOUSES/QUADRONIINIUM, ETC. : 2 Bedroom .61 .37 .24 .19 .a0 2.00 3.51 3 Bedroom .66 .61 .39 .30 130 2.00 3.96 4 Bedroom .90 .88 .44 .36 1.68 2.00 4. 58 LOW DENSITY APARTMENTS: (to 15/acre) Efficiency - - - - - 1.00 1.00 1 Bedroom .17 #06 .013; .01 .083 1.70 1.953 2 Bedroom .43 .23 .087 .05 .367 2.00 2.797 3 Bedroom .51 .50 - .18 :.173 .853 2.00 3.363 HIGH DENSITY APARTMENTS: (15+/acre) Efficiency - - - - - 1.00 1.00 1 Bedroom .13 .03 .012 .005 .047 1.70 1.877 2 Bedroom .21 .075 .032 .022 .129 2.00 2.339 3 Bedroom .43 .172 .069 .081 .322 2.06 2.802 • E. Reservation of Additional Land. Where the comprehensive plan or the standards of the City 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, the land needed beyond the developer's contri- bution shall be reserved for subsequent purchase by the City or other public body designated by the City, provided that such acquisition is made within one year from the date of approval of the final plat, or if an agreement between the developer and the City is recorded out- lining specific conditions for the conveyance of such property. F. Combining with Adjoining Developments. Where the subdivision or planned unit development is less than forty (40) acres, public open space or a school site which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce useable recreation areas or school sites without hardship on a particular developer. G. Topography and Grading. The slope, topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purposes. Grading on sites dedicated for park and recreational uses shall not differ greatly,.;6eom surrounding land unless approved by the City Council. H. Improved Sites. All sites shall be dedicated in a condition ready for full service of electrical, water, sewer and streets (including enclosed drainage and curb and gutter) as applicable to the location of the site, or accept- able provision made therefor. The sidewalks and trees normally included within the definition of "improved" sites may be deleted due to the delay time between dedication of any such school site and construction of school facilities thereon. I. Dedication or Contribution as a Condition of Annexation. The dedications of land or cash contributions as required by this section shall also be required as a condition to the annexation of any land to the City and provisions therefor shall be incorporated in any pre-annexation agreement governing such land. 22.10 STORM WATER CONTROL A. Applicability. 1. This section supplements Chapters 19 and 21 of the Municipal Code and the requirements contained herein are in addition to the requirements of such regulations. 2. The provisions of this section regulate and restrict: • a. The subdivision, layout, and improvement of land, including drainage, underground utilities, and service facilities. b. The excavating, filling, and grading of lots and other parcels and areas of flood plans or areas subject to flooding; the storing of certain materials thereon; stream and other storm water runoff channels; and detention areas. c. The location, construction, and elevation of buildings and other structures and parts and appurtenances thereof, and the drainage of parking and other paved lots or areas, . d. The location and extent of areas along streams and water channels which are subject to inundation and commonly known as flood plains. B. Topographical Maps. The United States Geological Survey maps entitled "Flood in Elgin Quadrangle and Floods in Streamwood Quadrangle" dated 1965; the City of Elgin Topographic Maps dated April 1973; and the Department of Housing and Urban Development Flood Hazard Boundary Maps revised October 31, 1975, are designated as the "Official Floodwater Drainage Maps". These maps are identified as a part of this section and are incorporated herein for the purpose of establishing the following: 1. Location of existing streams and water channels. 2. Location, boundary, or limits of existing detention areas. 3. Location and extent of areas along streams and water channels which are subject to inundation and commonly known as flood plains. 4. Location and extent of lowland areas where surface water accumulates, either temporarily or permanently, because of inadequate or improper drainage to streams and water channels and are therefore considered to be flood prone. For the purpose of interpretation and enforcement of this section, the City of Elgin Topographical Maps are considered most accurate and, therefore, shall govern the application of this ordinance to specific parcels of property. C. High-Water Elevations. 1. Stream Profiles. The United States Geological Survey Maps entitled "Floods in Elgin Quadrangle and Floods in Streamwood Quadrangle" and associated "Hydrologic Investigations" dated 1965, accompanying and identified as a part of this section are incorporated herein for the purpose of establishing high-water elevations on or along the streams and channels. 2. Datum. The high-water and other elevations shown on the profiles ar Tine feet above mean sea level datum at,New York City of Elgin datum when so designated (19.96 feet above U.S.G.S.). 3. Applicable Elevation. For purposes of these regulations, the high-water elevation applicable-to a building, building site, or part of a lot or parcel in a flood prone area shall be: a. the adjoining or nearest stream or other storm water runoff channel measured at right angles to the general direction of flow in the stream or channel; or b. the adjoining storm water detention area; or c. the information received as a result of previous high water observations, records and determinations for any given lowland. 4. Future Floods. The establishment by this section of high-water elevations for the purpose of regulating future development in order to lessen or avoid hazards to persons and damage to property from floodwaters is not intended nor shall it be con- strued to imply or to assure owners, occupants, or prospective purchasers of property that no flood of higher elevation will ever occur in the future. The flood limits shown on the U.S.G.S. Map are not necessarily those for the highest floods that can be expected. 5. Official Bench Marks. The identifying designation, description, location, and elevation of the poll poihlwor marks constituting a system of Official Bench Marks are on file in the office of the City Engineer. (Refer to Chapter 4 entitled "City Datum and Bench Marks.") D. Development and Improvement Regulations. The preliminary plans of each proposed development shall provide per- tinent information on those areas abutting or adjacent to the project which may affect or be affected by the development of the site. The following information and data on existing conditions shall be fur- nished: 1. Contour Nap. A two (2) foot interval contour map of the land to be developed or subdivided and such adjoining land whose topography may affect the layout or drainage of the development or subdivision. On such map shall be shown the following: a. the flowlines of streams and other storm water runoff channels and the established high-water elevation lines; b. normal boundary lime of lakes, ponds, swamps, and other detention areas and the high-water elevation boundary line; c. field drain tiles including inlets and outfalls; d. storm, sanitary, and combined sewers including all pertinent engineering data; e. septic tank systems including outlets; f. springs and wells; g. soil and water table conditions. 2. Where a limited number of high-water observations or determina- tions have been established on a stream, channel, or lowland, the subdivider's engineer shall extend or prgpect the established high-water elev' ,tion based on existing contours for the area. If high-water elevations have not been determined and recorded, as in a lowland, an elevation will be determined using past experience and sound engineering judgment. 3. C. mrehensive Drainage Plan. A comprehensive drainage plan shall be 'esigned and submitted and shall provide the following: a. 46 location of watersheds, including their extent and area, wholly or partially contained on the proposed de- velopment; b. the existing and proposed storm sewer system, including eft design calculations; c. the locations within the development where storm sewer backup, overflowing, or temporary street storage may occur; d. existing streams and storm water runoff channels to be maintained, enlarged, altered or eliminated; and new channels to be constructed, their locations, cross sections and profiles; e. existing culverts and bridges, and the adequacy of those waterway openings; and new culverts and bridges to be built, their materials, elevations, waterway openings and basis of design; f. existing detention areas to be maintained, enlarged, or altered; and proposed detention areas; g. the soil conditions within the proposed development; h. a copy of the data and Engineer's and Owner's Certificate as required by State Law according to Chapter 109 of the Illinois State Statute; i. all appropriate design calculations and design criteria as e may be required by the City Engineer. E. Drainage Design Criteria. The following design criteria shall govern the design of develop- ments and subdivisions with respect to the drainage of storm water runoff. 1. General. Streets, blocks, depths of lots, parks, and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams, channels, and detention areas. 2. Channel Straightening. Sharply meandering streams or channels may be partly straightened and minor changes made in other channels, subject to approval of the City Council, provided: a. the dimensions of the stream or channel are maintained; b. the volume of storm water storage outside the channel -..__,is not reduced; c. the changes and channels comply with the provisions stated herein; and d. approval is obtained from all other regulating governmental agencies. 3. Lesser Channel Locations. Generally acceptable locations of the lesser storm water runoff channels in the design of a subdivision include the following: a. in a depressed median of a boulevard or parkway, provided the median is wide enough to permit flat side slopes; b. centered on the rear lot lines in a block, or entirely within the rear yards of a single raw of lots or parcels, provided in either case the lots are deep enough to permit flat side slopes along the lesser channel and a building site above the established high-water elevation plus two (2) feet on the front part of the lot. In each of the foregoing cases, a drainage easement a minimum distance of twenty-five (25) feet from each side of the normal edge of the water course as determined by the City Engineer, shall be provided and shall conform substantially with the lines of said water course and shall be shown on the plat. The easement shall permit necessary public channel maintenance and improvement work and access of equipment, however, said easement shall pro- hibit buildings and other obstructing structures thereon by the owner. 4. Uppermost Reaches of Drainage Channels. The smaller uppermost reaches of drainage channels and swales forming the natural drainage system near the watershed divide may be relocated or eliminated and:incorporated into the planned system of storm sewers and/or open channels upon demonstration that the system is adequate and can safely handle the storm water runoff follow- ing the heavier rainstorms to teh satisfaction of the City Engineer. • 5. Within-Block Drainage. A continuous easement shall be provided along all rear lot lines and drawn on the subdivision plat with- which utility lines and drainage may be located and maintained, but on which no accessory buildings may be located or built. The utility-drainage easement shall be at least ten (10) feet wide, five (5) feet on each lot. 6. Flood Plain Lots. Land lying wholly or partly in a flood plain may be laid out and planned as building lots or parcels, provided a building site, not lower than the applicable high-water elevation plus two (2) feet: a. exists on the front part of the lot or parcel, or b. will be built up during execution of the subdivision improvement plan through general excavation and filling, or c. can be provided with excavation taken from within the area of the lot or parcel when it is built upon. Such filling as may be required or permitted in this ordinance for a building site or as may otherwise be done on flood plain land (which eliminates space previously available for storing and moving floodwater) shall be compensated for or balanced by at least an equal volume of excavation below high-water elevation. In the case of streams and channels, such 4111ration shall be made opposite or just upstream from the filled-in area. 7. Street Pavements Near Streams. The crown of street pavements hereafter built adjoining or near streams, storm water runoff channels, or detention areas shall not be lower than the esta- blished high-water elevation plus two (2) feet. 8. Detention Area Dams. Dams constructed to form floodwater deten- tion ate, basins, or lakes shall be designed to maintain a temporary storm water storage pool following periods of runoff according to the capacity of the downstream channel to carry the flow adequately. 9. Storm wers and Open Channels. The design of storm sewer systems and ope channels shall be based upon the "Rational Method" using the equation Q=CiA, and the "Manning Formula" using the equation V- 1.486R 2/3x$ 1/2 n. The rainfall intensity "i" shall be taken from the appropriate curve for the Elgin area as published by the U.S. Weather Bureau or the Illinois State Water Survey. /; The time of concentration "t" to the first pickup point in a system in residential areas shall be t-15 minutes as a minimum. In all other areas, the initial time of concentration shall be determined by an appropriate overland flow chart. eft The following runoff coefficient "c" shall be used in single family residential areas: Average Lot Size "c" 7,500 square feet or less 0.40 7,501 square feet to 10,000 square feet 0.35 Over 10,000 square feet 0.30 For multi-family residential, commercial, and industrial areas, the runoff coefficient shall be as determined by acceptable design practices. Storm sewers shall be designed to flow just full for the 5-year intensity-duration-frequency curve. The maximum allowable width of the street gutter flow from the face of the curb shall be limited to eight (8) feet. An overall drainage area layout plan showing the limits of the contributing runoff area, broken down into areas contributing to each drainage pick-up point, shall be submitted with the paving and drainage plans. Drainage design within the develop- ment shall be adequate to handle the entire contributing watershed area, and its existing, proposed and probable future development, and not the area under submission only. Whenever a storm drainage system for a proposed subdivision or commercial development is designed to outlet into an existing storm sewer system, the existing storm sewer system must be shown by calculations to be adequate to carry the proposed additional flow. Storm Drainage culverts shall be designed to conform to the requirements of the State of Illinois Department of Transportation. Open Channels shall be designed with a minimum freeboard of two (2) feet and a maximum velocity of fifteen (15) feet per second. . The maximum allowable outlet velocity for storm sewers without an outfall energy dissipator shall be twelve (12) feet per second. Minimum pipe size for culverts and storm sewers shall be twelve (12) inches inside diameter irbOl a minimum cleanout velocity of two (2) feet per second. Manhole and/or Catch Basin spacing between straight runs of pipe shall be limited to a maximum spacing of 300 feet for sewers 36" or less in diameter; and a maximum of 500 feet for sewers over 36" in diameter. F. Use of Flood Plains. The use of property located within a flood plain shall be restricted by All provisions of this section in addition to all other applicable state statutes and city ordinances. 1. Preservation of Floodways and Detention Areas. All buildings, other structures, inoperable motor vehicles and salar machinery, and fills of any kind of materials hereafter made, placed or erected on the flood plain shall be accomplished as regulated herein and set back at least the distances required to preserve and maintain open and unobstructed: a. the widths of channels established for streams and other storm water runoff outlets; and b. the boundaries or limits of storm water detention areas as established in Section 22.10.B or as otherwise regulated in this section. 2. Open Storage of Floatable Material. Lumber products and other floatable material may be displayed or stored in the open on flood plain land, where permitted by the zoning district regulations applicable to such land, and by State Statute. 3. Open Storage of Other Materials. The open storage or display on flood plain land, of inoperable motor vehicles and similar machinery and other non-floatable materials and products, where permitted by the regulations of fthe zoning district applicable to such land, and by State Statute, shall be considered the same as the placement of fill within the flood plain and shall be subject to the regulations of this section. G. Building Regulations. 1. Building Site. Each building shall have or be provided with a building site that is not lower than the established high-water elevation plus two (2) feet and extends outside the building walls at least five (5) feet. The finished grade of this site shall be sloped to drain away from the walls for a distance of at least five (5) feet. 2. Filling. Such filling as may be Opne within the flood plain or lowland to provide a building site or for other purposes (which eliminates space previously available for storing and moving of flood water) shall be compensated for or balanced by at least an equal volume of excavation in the flood plain or lowland below the high-water elevation. In the case of streams and channels, such excavation shall be made opposite or just upstream from the filled in area. 3. Building Wall Openings. A door sill, window sill, or the base of any other opening in the outer walls of a building shall be con- eft strummed at an elevation not lower than the established high-water elevation plus three and one-half (3.5) feet, unless surrounded by a water-tight enclosure with a top elevation not lower than the aforesaid minimum elevation. 4. Outer Walls and Basement Floors. The outer walls and basement floor of a building that are below the established high-water elevation plus three and one-half (3.5) feet, shall be constructed of masonry materials up to the minimum elevation, be water-right, and be designed to withstand the hydrostatic pressure caused by storm water standing at high-water elevation adjoining the build- ing site. 5. Drains. (Other than wastewater) a. A sump pit with liner shall be installed with the top of the liner at the same elevation as the top grade of the floor. Footing tile and floor drains shall drain to the sump and then be forcibly pumped through tile or pipe to a storm sewer system. Full basement or crawl space drains from a washer shall be connected to a sanitary sewer line. b. Residential roof drains shall empty on the ground surface not less than two (2) feet from the building walls. If a storm sewer system is available, the downspouts shall be connected and drained into said storm sewer. c. Commercial and industrial roof drains shall be piped to an existing storm sewer system or to drywells constructed on the building site. Industrial air-conditioning systems shall also be drained by the same method. H. Storm Water Detention Areas. 47 1. General. It is recognized that many of the receiving streams eland areas within the City do not have the capacity to receive and convey the increased storm water runoff resulting from urbanization occurring in many areas. These receiving streams or lowlands are subject to periodic inundation which results in a growing rate of property damage. It is the intent of this section to require developers to parti- cipate in providing detention area storage to eliminate excessive runoff during heavy storm periods. Other control methods which would be acceptable to regulate the rate of storm water discharge include detention on flat roofs, parking lots, streets, lawn underground storage, and oversized storm sewers with restricted outlets. It is recognized that in order to better serve the long-range interests of the City, comprehensive basin-wide planning for storm water control shall be followed as determined by the City Engineer. This comprehensive drainage plan may require that a single, large detention area serve several parcels as determined by the City Engineer. Comprehensive basin-wide drainage planning is far more beneficial than individual on-site detention, although on-site detention does provide protection and is acceptable for compliance with this section. 2. Requirements. Pursuant to the provisions of this ection, no final plat shall be approved unless detention of storm water runoff is provided as set forth in the following criteria: a. A combination of storage and controlled release of storm water runoff is required for all commercial developments exceeding two (2) acres in area; and for all residential developments exceeding five (5) acres in area. However, a residential development of five (5) acres or less must have an adequate outlet as determined by the City Engineer. If the outlet is not adequate, then detention, as determined by the City Engineer, will be required to store that portion of the runoff.exceeding the outlet capacity. b. The release rate of storm water from all developments requiring detention shall not exceed the storm water runoff rate fram the area in its natural undeveloped state. The City will accept a release rate of not greater than that calculated from a storm of five (5) year frequency with a runoff coefficient of 0.15. c. Drainage systems shall have adequate capacity to by- pass through the development the flow from all upstream areas for a storm of five (5) year frequency assuming that the land is in a fully developed state under present elk zoning or zoning proposed under a Comprehensive Plan. The by-pass flaw rate shall be computed utilizing a runoff coefficient of not less than 0.45. An allowance will be made for upstream detention when such upstream detention and release rate has previously been approved by the City and that evidence of its construction can be shown. d. The detention storage volume to be provided will be calculated on the basis of the 100 year storm, for any and all durations, from the fully developed drainage area tributary to the reservoir, less that volume discharged during that same duration at the approved release rate. Sample calculations retracting the provisions hereof will be furnished by the City Engineer upon request. 22.11 EROSION AND SEDIMENTATION CONTROL A. General. It is recognized that excessive quantities of soil may erode from areas that are undergoing development. This soil erosion causes the following problems: 1) decreases safety on roadways by redacing traction of vehicles; 2) necessitates costly repairs of gulleys and embankments; 3) obstructs storm and sanitary sewers; 4) pollutes and silts waterways; 5) destroys fish and other aquatic life; 6) creates additional costs for removal fram roads, sewers and waterways; 7) reduces the capacity of storm sewers and waterways which increases the possibility and severity of flooding. It is the intent of this section to provide minimum standards and procedures to protect persons, property and the environment from damage resulting from excessive erosion. '' B. Procedures. The following general procedures shall apply to any earth excavation related to the development of a site: 1. Temporary vegetation or, where appropriate, mulching or other cover shall be used to protect areas exposed during development. 2. Sediment basins, debris basins, desilting basins, or silt traps shall be installed and maintained to remove sediment from run-off waters from land undergoing development. 3. Provisions shall be made to effectively accommodate the increased run-off caused by soil and surface alterations during and after development. 4. Permanent, final plant covering or structures shall be installed as soon as practicable as determined by the City Engineer. 22.12 REQUIRED LAND IMPROVEMENTS Final plats shall be approved by the City Council subject to the approval of the 'City Engineer certifying that the proposed improvements comply with the following: A. Sanitary and Storm Utilities. 1. Sanitary sewer lines, including sewer stub terminals at the property line of each lot or each potential building location, shall be installed to serve all properties except where private septic systems are permitted. 2. Interim septic systems may be allowed when sanitary sewer service is not available and shall be subject to the following requirements: a. the property be annexed to the Sanitary District of Elgin or, if not contiguous to the District, the annexation fees shall be placed in escrow with the Sanitary District of Elgin with an agreement that the property shall be annexed when contiguity is established; b. all connection fees be paid to the Sanitary District of Elgin and credited for the eventual connection; c. all lateral line extensions shall be installed for future connection, when feasible and as determined by the City Engineer; d. the developer shall submit required percolation tests and septic system design prepared and sealed by a registered professional engineer, prior to the issuance of any building permit; e. the owner shall disconnect from the temporary septic ' system and connect to the sanitary sewer system within six (6) months of the availability of the sewer system; f. an approved bond shall be filed with the City to assure the eventual disconnection from the temporary septic system. 3. A storm water drainage system shall be installed throughout the entire subdivision to control water from all inlets and shall be provided with an adequate outfall; The storm water drainage system shall be separate and independent of the sanitary sewer system. 4. Where a storm sewer system with a greater capacity than is necessary to serve the development is required by the City Engineer, the developer shall pay for the installation of the entire system. Eligibility for future reimbursement shall be determined by the City Engineer and approved by the City Council. B. Water Supply. 1. Water distribution facilities shall be installed to serve all properties within the development. 2. The water distribution system shall be designed to be compatible with the overall distribution network of the City. Deadend mains shall be avoided wherever possible as determined by the City Engineer. 3. Where a water system is required by the City Engineer with a capacity which is greater than that necessary to serve the proposed development, the City of Elgin shall pay the cost of oversizing for the additional capacity. 4. Where it is necessary to extend a water distribution facility outside the boundaries of the proposed development, the required extension may be eligible for reimbursement as determined by the City Engineer and approved by the City Council. 5. The minimum size of required water distribution mains shall be six (6) inches within single family developments and eight (8) inches within multi-family, commercial and industrial developments. 6. Water taps shall be made, bringing the water service to the property line of each lot or each potential building location, to serve all properties within the development prior to the com- pletion of street surfacing. One inch water taps shall be provided for all one and two family zoned developments, and eight inch water taps shall be provided for all lots or potential building locations within developments eft zoned for manufacturing. The size of water taps within multi-family and commercial developments shall be determined by the City Engineer. Except in planned unit developments, the water taps will be made by the Department of Public Works and Engineering and the developer shall reimburse the City according to the fees established by the City Council. C. Public Utilities. All utilities, including but not limited to telephone, electric, gas, and cable T.V. service lines, shall be installed underground in all developments and subdivisions and shall be located in recorded easements. D. Street Improvements. 1. All streets shall be improved with pavements to an overall width in accordance with the following minimum dimensions: Street Classification Pavement Width (between face of curbs) Major Arterial in conformity with Elgin city street standards Minor Arterial in conformity with Elgin city street standards Collector 40-44 feet Minor 34 feet Cul-de-sac 28 feet Frontage access 24 feet 2. Pavements in cul-de-sacs turn-arounds shall have a minimum diameter of eighty (80) feet measured between face of ourbs. 3. Pavements shall be designed and constructed in accordance with City of Elgin standard specifications. 4. Curb and gutters shall be designed and constructed in accordance with City of Elgin standard specifications. 5. Concrete sidewalks shall be required on both sides of streets and shall be installed in accordance with City of Elgin standard specifications. 6. Street lighting shall be installed according to City of Elgin standard specifications. 7. Street signs shall be installed in accordance with City of Elgin standard specifications. 8. All curb corners shall have minimum radius of twenty (20) feet. 9. All parkways within the dedicated right-of-way shall be graded and seeded in an approved manner. 10. Trees having a trunk diameter (measured six (6) inches above the ground) of not less than two and one-half inches shall be planted not more than forty (40) feet apart along both sides of all street where trees do not exist. This require- ment will be satisfied if an equivalent number of trees of the same size or larger are planted in a naturalistic manner in the front yards of adjoining lots. The trees shall be in accordance with City of Elgin standard specifications. 11. Installation of traffic control signals may be required as determined by the City Engineer based on the impact of the proposed development on the street network and State of Illinois Department of Transportation standards. E. Estate Residential Developments. The land improvements required in Section 22.12 may be waived by the City Council in subdivisions wherein the minimum lot area and utilities provided are as follows: 1. The building lot without a municipal water supply and public sewerage disposal system is not less than 125 feet in width at the building setback line and the lot area is not less than 40,000 square feet; or 2. The building lot improved with either municipal water supply or a public sewerage disposal system is not less than 100 feet at the building setback line and the lot area is not less than 30,000 square feet; or 3. The building lot improved with a municipal water supply and public sewerage disposal system is not less than 100 feet in width at the building setback line and the lot area is not less than 24800 square feet. When said requirements have been met, the following minimum standards for improvements shall apply: 1. Sanitary and Storm Utilities. a. Private sewerage disposal systems may be permitted where the minimum lot area is 40,000 square feet and all regulatory requirements are met. b. A surface drainage system may be permitted provided that all regulatory requirements are met. 2. Water Supply. Individual water supplies may be permitted provided that all regulatory requirements are met. 3. Street Improvements. a. Streets shall be constructed to a width of twenty-four (24) feet within a minimum sixty (60) foot right-of-way. The pavement shall be designed in accordance with City of klgin standard specifications. b. Curbs and gutters may not be required, as approved by the City Council. c. Sidewalks may not be required, as approved by the City Council. d. Residential street lights shall not be required on internal streets unless determined otherwise by the City Council. If street lighting facilities are provided, such system shall be approved by the Depart- ment of Public Works and Engineering. e. Street signs shall be installed in accordance with City of Elgin standard specifications. f. Trees having a trunk diameter (measured six (6) inches above the ground) of not less than two and one-half inches shall be planted not more than forty (40) feet apart along both sides of all streets where trees do not exist. This requirement will be satisfied if an equivalent number of trees of the same size or larger are planted in the front yards of adjoining lots. The trees shall be in accordance with City of Elgin standard specifications. 4. Public Utilities. All utilities, including but not limited to telephone, electric, gas, and cable T.V. service lines, shall be in- stalled underground in all developments and subdivisions and shall be located in recorded easements. 22.13 ACCEPTANCE OF STREETS AND LAND IMPROVEMENTS The acceptance of required land improvements shall be made only by the adoption of a resolution by the City Council upon a recommendation by the City Engineer certifying that all improvements required to be constructed or installed in the development have been fully completed and the construc- tion or installation thereof has been approved. The City's obligation for the operation and maintenance of required land improvements shall commence only upon adoption by the City Council of a resolution accepting these improvements, irrespective of any act or acts by an officer, agent, or employee of the City with respect to such streets or improvements. 22.14 FEES AND PERMITS A. Annexation. A request for annexation shall be accompanied by a fee of $75.00. B. Preliminary Plan Filing Fee. The submission of the preliminary plan shall be accompanied by the following fees based on the total acreage of the proposed development: i ' • One (1) acre or less No Charge More than one (1) acre to ten (10) acres $ 150.00 Nbre than ten (10) acres to one hundred (100) acres $ 400.00 Over one hundred (100) acres $ 750.00 In addition to the above fees, each applicant shall pay for the cost of providing for an accurate verbatim account of the testimony before the Land Use Committee pertaining to his application. A deposit of $100. 00 shall be made at the time of application. If such costs are less than the deposit, the remainder will be refunded after approval of the Final Plat by the Land Use Committee. If the cost exceeds the deposit, the additional amount shall be paid in full prior to consideration of the Final Plat by the City Council. C. Utility Service Permits. Permits shall be obtained from the Engineering Division of the Department of Public Works and Engineering for the installation of communication, electric power, gas and other utility services before any installation is commenced. D. Building Permits. No building permit shall be.4issued for the construction of any building or structure until all requirements this section have been met. E. Inspection of Land Improvements. All required land improvements to be itlled under the provisions of this section shall be inspected duri'tiS the course of construction by inspectors appointed by the City Engineer. The cost of said inspections shall be paid by the developer of the land in an amount equal to 0.75 per cent of the total construction cost of the proposed subdivision improvements. Said amount shall be deposited with the Finance Director prior to the issuance of any permits. F. Occupancy Permit. No occupancy permit shall be issued for the use of any structure within a subdivision aliklempappant approved for platting or replatting until required utility facilities have been installed and made ready to service the property; and that all other required improvements have been constructed or are in the course of construction and are suitable for use. 22.15 VARIATIONS AND EXCEPTIONS The Land Use and Subdivision Hearing Examiner may approve variations from these requirements in specific cases which do not affect the general plan or the intent of this ordinance. Such decisions may be appealed in writing to the Land Use Committee for review. 22.16 RECORD OF PLATS Upon approval and recording, a copy of all final plats shall be filed by the City Clerk. • f s 22.17 VIOLATION, PENALTY, ENFORCEMENT Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance shall, upon conviction, be fined not less than $25.00 nor more than $500.00 for each offense. Each day that a violation continues shall constitute a separate offense." Section 3. That all ordinances or parts of ordinances in conflict with the provi- sions of this ordinance be and are hereby repealed. Section 4. That this ordinance shall be in full force and effect ten days after passage and publication in pamphlet form by authority of the City Council. s / Richard L. Verbic Richard L. Verbic, Mayor Presented: April 14, 1976 Passed: April 28, 1976 Vote: Yeas 7 Nays 0 Recorded: April 28, 1976 Published: April 28, 1976 Attest: s / Marie Yearman Marie Yearman, City Clerk