G35-00 rik CITY OF ELGIN
ORDINANCE NO. G35-00
AN ORDINANCE
AMENDING TITLE 18, OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED "SUBDIVISIONS"
PASSED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 28TH DAY OF JUNE 2000
Published in pamphlet form by authority of the
City Council of the City of Elgin, Kane and
Cook Counties, Illinois, on this
30th day of June 2000.
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STATE OF ILLINOIS )
) ss.
COUNTY OF KANE )
CERTIFICATE
I, Dolonna Mecum, certify that I am the duly appointed and acting
municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois.
I further certify that on June 28, 2000, the Corporate Authorities of such
municipality passed and approved Ordinance No. G35-00 entitled "An Ordinance
Amending Title 18 of the Elgin Municipal Code, 1976, as Amended, Entitled
"Subdivisions," which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. G35-00, including the Ordinance and
a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the
municipal building commencing on June 30, 2000, and continuing for at least ten days
thereafter. Copies of such Ordinance were also available for public inspection upon
request in the office of the municipal clerk.
DATED at Elgin, Illinois, on June 30, 2000.
Municipal lerk
(SEAL)
ORDINANCE NO.: G35-00
AN ORDINANCE
AMENDING TITLE 18, ENTITLED "SUBDIVISIONS,"
OF THE ELGIN MUNICIPAL CODE, 1976,. AS AMENDED
WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII, Section
6A of the 1970 Constitution of the State of Illinois; and
WHEREAS, a home rule unit may exercise any power and perform any function pertaining
to its government and affairs; and
WHEREAS,the City Council of the City of Elgin has determined it is necessary and desirable
to enact an ordinance to prevent accelerated soil erosion and to control stormwater runoff resulting
from earth changes proposed within the city both during and after the construction of subdivisions;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin as follows:
Section 1. That Title 18 of the Elgin Municipal Code, 1976, as amended, entitled
"Subdivisions,"be and is hereby amended to read as follows:
"Title 18
SUBDIVISIONS
Chapters:
18.04 General Provisions
18.08 Definitions
18.12 Plan and Plat Submission Procedure
18.16 Preliminary Plat
18.20 Final Plat
18.24 Design Standards
18.28 Required Improvements
18.44 Fees and Permits
18.48 Variations and Exceptions
18.52 Violation and Penalty
Chapter 18.04
GENERAL PROVISIONS
Sections:
18.04.010 Citation.
18.04.020 Policy-Supplementary regulations.
18.04.030 Purpose of provisions.
18.04.010 CITATION.
These regulations shall be known, cited, and referred to as the subdivision regulations of the
city.
18.04.020 POLICY-SUPPLEMENTARY REGULATIONS.
A. It is 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 plans of the municipality for the orderly, planned, efficient, and
economical development of the municipality.
B. Land to be subdivided shall be of such character that it can be used safely for building
purposes without danger to health or peril from fire,flood,or other menace;and land shall not
be subdivided until available public facilities and improvements such as schools, parks,
recreation facilities,transportation facilities, stormwater management and improvements are
provided.
C. The existing and proposed public improvements shall conform to and be properly related to
the proposals shown in the plans, 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 provisions and standards contained in building and housing codes,zoning
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ordinances, plans, official map and land use plan, and capital budget and program of the
municipality.
18.04.030 PURPOSE OF PROVISIONS
The purpose of the provisions of this title are as follows:
A. To protect and provide for the public health, safety, and general welfare of the municipality;
B. To guide the future growth and development of the municipality, in accordance with the
master plan;
C. 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;
D. 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;
"""'' E. To protect and conserve the value of land throughout the municipality and the value of
buildings and improvements upon the land, and to minimize the conflicts among the uses of
land and buildings;
F. To guide public and private policy and action in order to provide adequate and efficient
transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public
requirements and facilities;
G. 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 avoidance
of congestion in the streets and highways, and to the public transit, bicycle and 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;
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H. 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 monumenting of subdivided land;
I. To insure that public facilities are available and will have a sufficient capacity to serve the
proposed subdivision;
J. 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 management of
natural resources throughout the municipality in order to preserve the integrity,stability,and
beauty of the community and the value of the land;
K. To preserve the natural beauty and topography of the municipality and to insure appropriate
development with regard to these natural features;
L. 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.
M. To supplement other titles within this code.
Chapter 18.08
DEFINITIONS
Sections:
18.08.010 Generally.
18.08.014 Building.
18.08.020 Building setback line.
18.08.030 Common open space.
18.08.040 Density, gross.
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18.08.050 Density, net residential.
18.08.060 Detention area.
18.08.070 Developer.
18.08.072 Development.
18.08.073 Director
18.08.080 Easement.
18.08.090 Final plat.
18.08.130 Improved land.
18.08.140 Lot.
18.08.150 Lowland areas.
18.08.160 Official plan.
18.08.170 Owner.
18.08.180 Pathway.
18.08.190 Planned unit development.
18.08.200 Preliminary plat.
18.08.210 Protective covenants.
18.08.215 Recreational Vehicle or Travel Trailer.
18.08.220 Right-of-way.
18.08.225 Sanitary wastewater treatment facility, public.
18.08.230 School demographic study.
18.08.240 School district.
18.08.250 Sewer, sanitary.
18.08.260 Sewer, storm.
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18.08.270 Street,private.
18.08.280 Street, public.
18.08.290 Street types.
18.08.300 Unified control.
18.08.010 GENERALLY.
For the purpose of the regulations codified in this title, the terms and words used in this title
shall be used, interpreted and defined as set forth in this chapter.
18.08.020 BUILDING SETBACK LINE.
"Building setback line" means the distance between a building and the street line nearest to
the building.
18.08.030 COMMON OPEN SPACE.
"Common open space"means 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 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.
18.08.040 DENSITY, GROSS.
"Gross density" means 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.
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18.08.050 DENSITY, NET RESIDENTIAL.
"Net residential density" means the ratio between the total number of dwelling 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 right-of-way and other
nonresidential uses.
18.08.060 DETENTION AREA.
"Detention area" means an area of land which provides for the temporary storage of
stormwater runoff.
18.08.070 DEVELOPER.
"Developer" means 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.
18.08.072 DEVELOPMENT.
A. "Development" means any finalization of a plat, replat or manmade change to real estate by
any public or private entity, including:
1. Construction, reconstruction, repair or placement of a building or an addition to a
building valued at more than one thousand dollars;
2. Placement or construction of a manufactured home on a site, preparation of a site for
a manufactured home, or the placement of a travel trailer or recreational vehicle on a
site for more than 180 days.
3. Drilling, mining, installation of utilities, construction of roads, bridges or similar
projects valued at more than one thousand dollars;
4. Redevelopment of a site;
5. Clearing of land as an adjunct of construction;
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6. Construction or erection of levees, dams, culverts, or channel modification;
7. Filling,dredging,grading,excavation,paving or other alterations of the ground surface;
8. Any activity that would impact storm water runoff or storage; or
9. Any other activity that might change the direction, height, or velocity of flood
waters or surface waters including extensive vegetation removal.
B. "Development" does not include:
1. Maintenance of existing buildings and facilities such as reroofing or resurfacing roads
where the road elevation and width are not increased;
2. Repairs made to a damaged building that do not change the building's exterior
dimensions and that are valued at less than fifty percent of the value of the building
before the damage occurred;
3. Gardening, plowing, and similar agricultural practices that do not involve filling,
grading, or construction of levees; or
18.08.073 DIRECTOR
"Director"means the general services manager or his designee.
18.08.080 EASEMENT.
"Easement" means a grant of property rights by an owner for use by another for a specified
purpose of any designated part of the owner's property.
18.08.090 FINAL PLAT.
"Final plat"means the map or plan of record of a subdivision and any accompanying material
as described in this title.
18.08.130 IMPROVED LAND.
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"Improved land" means 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, stand public utilities, as may be required throughout the development under the applicable
ordinances of the city to serve any such subdivided or developed land.
18.08.140 LOT.
"Lot" means 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 occupancy by one
principal building or principal use, and fronting on a public street.
18.08.150 LOWLAND AREAS.
"Lowland areas"means any depression which stores more than one-acre foot of runoff during
the 100-year, 24-hour rainfall.
18.08.160 OFFICIAL PLAN.
"Official plan"means the comprehensive plan as amended for future development of the city
adopted by the city.
18.08.170 OWNER.
"Owner" means any person, group of persons, firm or firms, corporation or corporations, or
other legal entity holding legal title in the land proposed to be subdivided under this title.
18.08.180 PATHWAY.
"Pathway" means a right-of-way to be used primarily by pedestrians and nonmotorized
vehicles.
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18.08.190 PLANNED UNIT DEVELOPMENT.
"Planned unit development"means 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 requirements of a given district may be modified if the application is
processed under the planned unit development procedure of this title.
18.08.200 PRELIMINARY PLAT.
"Preliminary plat"means the map or plan of record of a proposed development or subdivision,
containing items as required by this title.
18.08.210 PROTECTIVE COVENANTS.
"Protective covenants" means 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 successive property owners, and to provide protection against undesirable
aspects of developments which would tend to impair the stability of values.
18.08.215 RECREATIONAL VEHICLE OR TRAVEL TRAILER.
"Recreational vehicle or travel trailer"means a vehicle which is:
A. Built on a single chassis;
B. Four hundred square feet or less when measured at the largest horizontal
projection;
C. Designed to be self-propelled or permanently towed by a light duty truck; and
D. Designed primarily as temporary living quarters for recreation camping,travel,
or seasonal use and not for use as a permanent dwelling.
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18.08.220 RIGHT-OF-WAY.
"Right-of-way"means 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.
"Right-of-way" for land platting purposes means 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,shade trees,or any
other use involving maintenance by a public agency shall be dedicated to public use by the maker
of the plat on which such right-of-way is established.
18.08.225 SANITARY WASTEWATER TREATMENT FACILITY, PUBLIC.
"Sanitary wastewater treatment facility,public"means a facility owned and operated
by the Fox River Water Reclamation District or the Metropolitan Water Reclamation District of
Greater Chicago and designed for the treatment of sanitary wastewater effluent.
18.08.230 SCHOOL DEMOGRAPHIC STUDY.
"School demographic study"means the study of the estimated population growth 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 said
estimates as to the estimated percentage of child generation per various types of proposed dwelling
units.
18.08.240 SCHOOL DISTRICT.
"School district"means any public school district situated wholly or partially within
a proposed subdivision or development.
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18.08.250 SEWER, SANITARY.
"Sanitary sewer" means a conduit for transporting industrial and domestic waste.
18.08.260 SEWER, STORM.
"Storm sewer" means a conduit intended to carry only stormwater, surface runoff,
street washwaters,drainage water,groundwater or subsurface water or any other unpolluted waters.
18.08.270 STREET, PRIVATE.
"Private street"means a paved area located on private or commonly owned property
for the purpose of providing vehicular access to the benefitting properties.
18.08.280 STREET, PUBLIC.
"Public street" means a paved area located within a public right-of-way for the
purpose of providing vehicular access to abutting properties.
18.08.290 STREET TYPES.
The following types of streets are defined:
A. Arterial. "Arterial street"means 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 city environs with restricted access to abutting properties; designed for
over three thousand five hundred vehicles daily.
B. Collector."Collector street"means 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 one thousand to three thousand five
hundred vehicles daily.
C. Local. "Local street" means a street with limited continuity used primarily for the
movement of low volumes of traffic and with provision of access to abutting
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properties and collector streets in the overall street system;designed for four hundred
to one thousand vehicles daily.
D. Minor. "Minor street"means a street of extremely limited continuity used primarily
for the movement of low volumes of traffic and to serve a limited area; designed for
four hundred vehicles or less daily.
E. Frontage Road. "Frontage road" means a street contiguous to and generally
paralleling an arterial street,designed so as to intercept,collect,and distribute traffic
designed to cross, enter, or leave such a street and to furnish access to property that
otherwise would be isolated as a result of the restricted-access frontage.
E. Cul-de-sac. "Cul-de-sac"means a minor street with only one outlet with appropriate
terminal vehicular turnarounds for the safe and convenient reversal of traffic
movement.
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18.08.300 UNIFIED CONTROL.
"Unified control"means 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 title applicable to the planned development and considered for
subdivision or development purposes as a single tract of land.
Chapter 18.12
PLAN AND PLAT SUBMISSION PROCEDURE
Sections:
18.12.010 Preliminary plan.
18.12.020 Final plat.
18.12.030 Record of plats.
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18.12.010 PRELIMINARY PLAN.
Subject to the requirements of the Plat Act of the state,prior to subdividing any tract of land,
any developer, owner of land or other person lawfully authorized to subdivide land shall:
A. File six full size copies of the preliminary plat, a reproducible 11" x 17" copy and all data
necessary to show compliance with all applicable regulations with the Code Administration
and Development Services Department(in addition one copy of each shall be submitted to the
building official, the city clerk, and the Director) and pay all required fees;
B. All preliminary plans and supporting data shall be forwarded to the Planning and
Development Commission which approve or disapprove the application for preliminary
approval within sixty 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
consent of the subdivider in writing. If the plat is disapproved,then within said sixty days the
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land use committee shall furnish to the 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 the official plan. If such plat is approved,
the corporate authorities shall accept or reject the plat within thirty days after its next regularly
scheduled meeting following the action of the Planning and Development Commission.
Preliminary approval shall not qualify a plat for recording;
C. Application for final approval of a plat shall be made not later than twelve months after
preliminary approval has been granted.This application shall be supported by such drawings,
specifications, and bonds or documents as may be necessary to demonstrate compliance with
all applicable ordinances;
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D. The applicant may elect to have final approval of a geographic 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.
18.12.020 FINAL PLAT.
Within twelve months after receiving the required approval of the preliminary plan by the City
Council, or any extension of time beyond twelve months that may be granted by the City Council,
there shall be submitted to the Code Administration and Development Services Department the
following:
A. The original and six copies of the final plat and a 11" x 17" reproducible copy, as required in
this title are to be filed with the Code Administration and Development Services Department.
One copy shall be forwarded to the building official, the city clerk, and the Director.
B. When a person submitting a plat of subdivision or resubdivision 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 materials meet all municipal requirements,the city
council shall approve the proposed plat within forty-five days from the date of filing the last
required document or other paper or within forty-five days from the date of filing application
for final approval of the plat,whichever date is later. The time in which the city council may
act may be extended upon consent of the subdivider in writing filed with the city clerk.
C. If the preliminary or final plat is approved,the city clerk shall attached a certified copy of the
order or resolution of approval to the original plat. If the proposed plat is disapproved, the
order or resolution shall state the reasons for the disapproval,specifying with particularity the
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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.
D. 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 Code Administration
and Development Services Department for the purpose of making copies for distribution. All
original plats shall be returned to the city clerk to be kept on file.
E. 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.
18.12.030 RECORD OF PLATS.
Upon approval and recording, the original of all final plats shall be filed by the city clerk.
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Chapter 18.16
PRELIMINARY PLAN
18.16.010 Identification and description.
18.16.020 Existing conditions.
18.16.030 Subdivision or planned unit development design
features.
18.16.040 Qualifications of approval.
18.16.010 IDENTIFICATION AND DESCRIPTION.
The following information is required with the preliminary plat:
A. Proposed name of development(not duplicating the name of any plat recorded in Kane,Cook,
or DuPage County);
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B. Location by section, township, and range, or by other legal description with monument
identification;
C. Names,addresses,and phone numbers 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;
D. Graphic (engineering) scale not smaller than one inch to one hundred feet;
E. Northpoint;
F. Date of preparation of original and any revisions with a revision block on plat;
G. Plat of survey prepared by a land surveyor registered in the state.
18.16.020 EXISTING CONDITIONS.
The following information is required with the preliminary plat:
A. Boundary lines of proposed subdivision or planned unit development clearly indicated;
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B. Total approximate acreage;
C. Existing zoning districts;
D. 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 one hundred feet beyond the tract;
E. Location and size of existing sewers,water mains, culverts, drain tiles or other underground
facilities within the tract and to a distance of one hundred feet beyond the tract, and also
indicating such data as grades,invert elevations,and locations of catch basins,manholes,and
hydrants;
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F. Location map, drawn at a scale of not less than one inch equals one thousand feet, showing
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boundary lines and the ownership of adj oining unsubdivided or subdivided land within an area
bounded by nearest arterial streets or other natural boundaries and identifying type of use of
surrounding land and showing alignments of existing streets;
G. Topographic data including existing contours at vertical intervals of not more than one foot
(topographic data refers to the USGS NGVD datum); watercourses, floodplains, floodways,
ponds, wetlands, rock outcrops, trees of twelve-inch diameter or more, other significant
features, and soil bearing data at locations and depths as may be required by the Engineering
Division of the Department of Public Works but not less than 100-feet from the property
boundaries;
H. Locations of or reference to existing monuments or survey markers used in preparation of
survey and the grade elevation of each monument and marker.
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I. Soil Boring Report completed by a soils engineer licensed in the State of Illinois with a
minimum of one boring per acre and at locations and depths as may be required by
Engineering Division of the Department of Public Works. The soils engineer shall
provide a written recommendation for engineering ground water, sump pumps and
bearing needs for foundations and streets.
J. Title 21 submittals sufficient to demonstrate the ability to attain compliance with its code
requirements.
18.16.030 SUBDIVISION OR PLANNED UNIT DEVELOPMENT D E S I G N
FEATURES.
The following information is required with the preliminary plat:
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A. Layout of streets and pedestrian ways showing rights-of-way and pavement widths, street
centerline radii, street names (not duplicating the name of any street used in the city or its
environs,unless the 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;
B. Topographic data including proposed contours and areas to be provided for any stormwater
management requirements including major drainage systems,detention,floodplain,floodway,
wetlands, ponds and greenways;
C. Layout, numbers, and typical dimensions of lots for subdivisions (building locations for
planned unit developments)to the nearest foot;and the proposed land use for each lot,parcel,
or tract;
D. Proposed building setback lines, indicating dimensions;
E. Areas other than street rights-of-way intended to be dedicated or reserved for public use and
the approximate area in acres of each;
F. Proposed water main, sanitary and storm sewer layout;
G. Applications for planned unit developments shall also include the submission of the
following:
1. Architectural plans,preliminary sketches and renderings for primary buildings shall be
submitted in sufficient detail to permit an understanding of the style of the
development.
2. 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.
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3. Landscaping and platting plan.
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4. Site lighting plan.
H. Impact assessments as may be required by the planning department 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.A wetlands assessment report shall
be required. A traffic impact analysis may be required by the Engineering Division of the
department of public works and shall contain components as described in the Institute of
Traffic Engineers publication, Transportation and Land Development.
Submittals created in accordance with Title 21 of this code which provide sufficient detail to
indicate that all code requirements can be met.
18.16.040 QUALIFICATIONS OF APPROVAL.
A. The Planning and Development Commission 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, and contributions to the cost of necessary traffic-control systems.
B. The approval of a preliminary plan by the Planning and Development Commission and by the
City Council is tentative only,involving the general acceptability of the layout as submitted.
Chapter 18.20
FINAL PLAT
Sections:
18.20.010 Identification and description.
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18.20.020 Subdivision plat-Required information.
18.20.030 Planned unit development plat-Required
information.
18.20.040 Required certificates.
18.20.050 Qualifications of approval.
18.20.010 IDENTIFICATION AND DESCRIPTION.
The final plat shall be accurately drawn in ink on material capable of producing clear and
legible context prints or photostatic copies. The final plat shall also be accurately drawn in a
electronic format acceptable to the City Engineer and shall show the following:
A. Name and address of developer;
B. Street names;
C. Location by section, township, and range and by legal description;
D. Graphic (engineering) scale shall be one inch to one hundred feet. Any additional plat at an
alternative scale may be submitted for recording purposes if required for plat legibility and
approved by the Code Administration and Development Services,Water Department and the
Engineering Division of the Department of Public Works;
E. Northpoint.
F. Shall have all points set relative to the Illinois State Plane coordinates and U.S.G.S. NVGD
datum.
18.20.020 SUBDIVISION PLAT-REQUIRED INFORMATION.
The following information is required with the subdivision plat:
A. 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,
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areas to be reserved for public use,and other important features.Error of closure of bound line
surveys shall not exceed one in ten thousand(one foot for each ten thousand 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;
B. An identification system for all lots, blocks or buildings;
C. True angles and distances to the nearest established street lines and official monuments (not
less than three), which shall be accurately described in the plan by location, size, and
elevation;
D. Municipal, township, and county boundaries and section lines accurately tied to the lines of
the subdivision by distances and angles;
E. 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.
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Permanent stone or concrete monuments shall be set at each corner or angle on the outside
boundary.Pipe three-quarters of an inch in diameter or steel rod one-half inch in diameter,by
eighteen inches in length, placed at the corners of each lot and block; at each intersection of
street centerlines; at angle points and at the ends; and at suitable intervals along curves. All
U.S., state, county, city or other official bench marks, monuments, or triangulation stations
in or adjacent to the property shall be preserved in precise position and noted as such on the
plat;
F. 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;
G. Protective covenants shall be lettered on the final plat or appropriately referenced thereon;
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H. A separate list identifying and indicating the square footage of each lot within the subdivision.
I. Submittals created in accordance with Title 2lof this code which provide sufficient detail to
indicate that all code requirements can be satisfied.
J. The Homeowners Association ownership and maintenance responsibility of common open
space,flood plain,wetlands,detention areas,storm water control facilities and special features
shall be stated on the Final Plat.
18.20.030 PLANNED UNIT DEVELOPMENT PLAT-REQUIRED INFORMATION.
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 particularity 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
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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 the following:
A. All information as required in Section 18.20.020;
B. Planned unit developments not incorporating a division of property into lots for individual
buildings shall designate the exact location of all buildings to be constructed, and a
designation of the specific internal uses to which each building shall be put, including
construction details; centerline elevations; pavement type; curb, gutters, culverts, etc.; and a
street numbering designation shall be furnished for each building;
C. Common open space documents shall be provided indicating, at the election of the city,that
common open space shall be as follows:
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1. 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 them;
all lands conveyed under this subsection shall be subject to the right of the grantee or
grantees to enforce maintenance and improvement of the common open space, or
2. 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;
D. Major changes which alter the concept or intent of the development as indicated on a
previously approved preliminary planned unit development plat including the following:
1. Increases in density,
2. Reductions to proposed open space,
3. Changes in roadway standards as follows:
a. Roadway location,
b. Pavement widths,
c. Ownership and maintenance,
4. Changes in the sequence of development,
5. Increases in the height of buildings, or
6. Changes in the final governing agreements, provisions or covenants;
Such changes require the submission of a new preliminary plat and supporting data
following the preliminary approval steps and subsequent amendment of the final
planned unit development plat;
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E. Minor changes to the development as indicated on a previously approved preliminary planned
unit development plat which may be granted by the Community Development Manager
including the following:
1. Moving buildings, roadways and parking lots by twenty feet or less,
2. Decreases in density,
3. Increases in open space,
4. Substitution of alternate plant material in the landscape plan,
5. Building materials.
F. All required Title 21 submittals.
18.20.040 REQUIRED CERTIFICATES.
The final plat shall include the following certificates as required:
A. OWNER'S 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
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B. MORTGAGEE'S CERTIFICATE
STATE OF ILLINOIS )
COUNTY OF ) ss
CITY OF ELGIN )
This is to certify that the undersigned is the mortgagee of the land described in the annexed plat,and
consents to the subdivision of the said land as shown on this plat.
Address
Dated this day of
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 signed and delivered the annexed plat at their own free and
voluntary act for the uses and purposes therein set forth.
Given under my hand and Notarial Seal this_day of , at , Illinois.
Notary Public
D. PLANNING AND DEVELOPMENT COMMISSION
STATE OF ILLINOIS )
COUNTY OF ) ss
CITY OF ELGIN )
Approved this day of
Planning and Development Commission
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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
subdivisions have been complied with in the preparation of this plat.
Given under my hand and seal at Illinois, this day of •
F. COUNTY CLERK'S CERTIFICATE
STATE OF ILLINOIS )
COUNTY OF ) ss
CITY OF ELGIN )
I, , County Clerk of County, 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 statutory fees in connection with the annexed
plat.
Given under my hand and seal at , Illinois, this_day of •
County Clerk
G. CERTIFICATE AS TO SPECIAL ASSESSMENTS
STATE OF ILLINOIS )
COUNTY OF ) ss
CITY OF ELGIN )
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I do hereby certify that there are no delinquent or unpaid current or forfeited special
assessments or any deferred installments thereof that have not been apportioned against the
tract of land included in this plat
City Treasurer
Dated at , Illinois, this_day of _
H. COUNCIL'S CERTIFICATE
STATE OF ILLINOIS )
COUNTY OF ) ss
CITY OF ELGIN )
Approved and accepted this_day of
CITY COUNCIL OF ELGIN, ILLINOIS
By
Mayor
Attest:
Clerk
18.20.050 QUALIFICATIONS OF APPROVAL. The final plat to be placed on record
shall be approved subject to the following conditions:
A. Recorded as prescribed in this title;
B. Submission of all required engineering plans and specifications required under Title 21 of this
code; the estimate of cost for the required development improvements; and the approval of
said document by the Engineering Division of the Department of Public Works. 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 Director;
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C. Posting of a performance bond,cash or letter-of-credit in an amount equal to one hundred and
eimw ten percent (110%) of the approved Engineer's Estimate of cost for all site development
improvements required by these regulations to be installed by the developer, as determined
by the Director.
1. Submission of a performance bond, cash or letter-of-credit shall be subject to the
following conditions:
a. It shall be in favor of and retained by the City of Elgin.
b. It shall guarantee, or in the case of cash be deemed to guarantee,the completion
of all development improvements as outlined in the approved Engineer's Estimate
of cost;
c. It shall continue in full force and effect until the completion of all development
improvements as outlined in the approved Engineer's Estimate. The expiration
date of the performance bond or letter-of-credit shall be established from the
developer's engineer's Estimated Date of Completion of all development
improvements as approved, in writing,by the Director.
The Estimated Date of Completion shall include six months for the
inspection,repair and City Council acceptance of all development improvements
and an additional year for the guarantee period defined in 18.20.050C(2)(a)(iv).
Completion of all development improvements shall be defined as that time when
all development improvements have been accepted by the City Council and the
one year guarantee period as defined in 18.20.050C(2)(a) (iv), has expired.
d. It shall be in a form approved by the corporation counsel.
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e. It shall, with respect to letters of credit, be provided by a financial institution
approved by the City Finance Director upon receipt of reasonable evidence that
such institution has a shareholders' equity to weighted risk assets ratio of 4% or
greater as determined by the latest quarterly financial report submitted to the
Federal Reserve District Bank or the Federal Deposit Insurance Corporation.
f. It shall include or be accompanied by a reference to all of the development
improvements for which it is posted.
g. It shall be irrevocable.
h. It shall,with respect to a performance bond,be guaranteed by a surety company
approved by the City Finance Director upon receipt of reasonable evidence that
such company is authorized to do business in the State of Illinois and is rated at
the time of purchase by at least one standard rating service in the following two
categories:
i) Management rating within the four highest classifications then established;
and
ii) Financial Size/Adjusted policyholders'surplus rated Class V by A.M.Best
or have a minumum $10 million in Adjusted Policyholders' Surplus.
2. Performance bond, cash or letter-of-credit reductions shall be subject to the following
conditions:
a. The following incremental reductions shall be permitted:
i. After the completion of water main,sanitary sewer and storm water control
improvements and the submission of as constructed drawings and
inspection documentation. This reduction shall equal 90%of the estimated
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cost of all development improvements complete at this juncture. Plans
elk
which illustrate the as constructed elements of the approved water main,
sanitary sewer and storm water control design shall be required and must
be approved, in writing, by the Director prior to the reduction.
ii. After the completion of the asphalt binder course. This reduction shall
equal 90% of the estimated cost of all development improvements items
complete at this point.
iii. After all development improvements have been completed. This reduction
shall equal 90%of the estimated cost of all development improvements as
outlined in the approved Engineer's Estimate of Cost.
iv. After the City Council has accepted all public improvements. This
reduction shall reduce the performance bond, cash deposit or letter-of-
rik
credit to 10% of the approved Engineer's Estimate of cost for all
development improvements. This 10% shall be held for a period of one
year from the date of the City Council's acceptance as guarantee of the
improvements against defects caused by faulty workmanship or inferior
materials. This reduction shall again require the submission and written
approval of plans which illustrate all of the as constructed elements of the
approved design, inclusive of all development improvements.
v. After the one year guarantee period has expired, the performance bond,
cash or letter-of-credit shall be released by the City.
b. All bond, cash or letter-of-credit reduction requests shall be accompanied by:
O..
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i. A breakdown, by quantity and cost, of all completed items. (Quantities
and cost should not exceed those found in the approved Engineer's
Estimate of Cost).
ii. Waivers and/or affidavits from all contractors and/or subcontractors
involved.
iii. A signed statement from the developer's engineer that the completed items
were constructed in accordance with the approved plans and specifications.
c. If at any time during the course of development, a lien is filed against the
development,the city shall reject any performance bond,cash or letter-of-credit
reductions until such time as the lien is resolved.
D. Compliance with all applicable ordinances and regulations of the city.
Chapter 18.24
DESIGN STANDARDS
Sections:
18.24.010 Street plan.
18.24.020 Street specifications.
18.24.030 Pathways.
18.24.040 Easements.
18.24.050 Block standards.
18.24.060 Lot standards.
18.24.010 STREET PLAN.
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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 adjoining 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.
18.24.020 STREET SPECIFICATIONS.
A. All rights-of-way shall conform to the following specifications:
Centerline
Type of Width Gradient Turning
Street (feet) (percent) Radius (feet)
Minimum Minimum/Maximum Minimum
Major
rik arterial
street 100 - 200 0.4/5.0 300
Minor
arterial
street 80 - 100 0.4/5.0 300
Collector
street 70 0.4/7.0 300
Minor
street 60 0.4/9.0 200
Cul-de-sac
street 50 0.4/9.0 200
Frontage
access
street 40 0.4/8.0 200
Private
street 50 0.5/8.0 200
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B. Right-of-way widths of major arterials, minor arterials, and collector streets shall be in
accordance with those designated on the official plan. Larger right-of-way widths shall be
require on minor streets intersecting a collector or arterial street to accommodate future signals
and turn bays.Larger right-of-way widths shall be accommodated for a minimum of 500 feet.
C. Minor streets shall be so aligned that their use by through traffic will be discouraged.
D. Street centerline offsets of less than one hundred twenty-five feet shall be avoided whenever
possible.
E. It must be evidenced that all street intersections of more than two streets shall be avoided
unless specific conditions of design indicate otherwise.
F. Public alleys are not permitted.
G. A cul-de-sac street shall not be more than nine hundred feet in length measured along its
centerline from the street of origin to the center point of the cul-de-sac turnaround unless there
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are fewer than fifteen lots abutting the cul-de-sac. Each cul-de-sac shall have a terminus of
nearly circular shape with a minimum diameter of one hundred ten feet. The center point of
the diameter of the cul-de-sac shall align with the centerline of the cul-de-sac street.
H. Partial streets are 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.
I. Private streets and alleys shall be permitted only in planned unit developments.
J. To provide adequate protection for 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 frontage access streets, or backing lots
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to the arterial street with a screen planting contained in a nonaccess reservation along the rear
property line.
K. Street design and geometrics not covered in this section shall be in accordance with the
applicable standards of the State Department of Transportation and the American Association
of State Highway Officials "Urban Highways and Arterial Streets."
L. Commercial and Industrial subdivision streets shall be constructed to a minor street standard
except the pavement shall be 36 feet wide.
M. Partial cul-de-sacs, knobs, bubbles and other unusual pavement configurations shall be
prohibited.
18.24.030 PATHWAYS.
Pedestrian pathways shall have a right-of-way width of at least ten feet and a paved surface
rib* at least six feet with appropriate landscaping and screening along side boundary lines as
determined by the planning department.
18.24.040 EASEMENTS.
A. Easements shall be provided for all underground utility services including cable television
lines and stormwater major and minor drainage systems. 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.
B. Where a subdivision is contains a floodplain there shall be provided a drainage maintenance
and open space easement if it is to remain. The easement shall be a minimum distance of
twenty-five feet from each side of the normal edge of the waters;course as determined by the
Director, and shall conform substantially with the lines of said floodplain.
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C. The developer and subsequent property associations shall be responsible for maintenance of
rear and side yard easements containing major drainage system components.The city may use
the easement to perform maintenance at the owner's expense if they fail to perform
maintenance.
18.24.050 BLOCK STANDARDS.
A. Blocks of any length may require pathways.The use of 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.
B. Blocks must fit readily into the overall plan of the subdivision and their design must evidence
consideration of topographical conditions, lot planning, traffic flow, and open space areas.
18.24.060 LOT STANDARDS.
A. Lots should be as nearly rectangular in shape as practicable.
B. Lots shall conform with lot width and area requirements set forth in the zoning ordinance of
the city,codified in Title 19; and,in subdivisions located beyond the city limits,lot width and
area shall conform with requirements of applicable county zoning ordinances.
C. All lots shall abut on a publicly dedicated right-of-way unless within an approved planned unit
development.
D. Side lot lines shall be substantially at right angles or radial to the street line.
E. Additional building setbacks may be required for corner lots to assure the proper development
of intersection design and traffic safety.Additional building setbacks may be required for lots
fronting on collector or arterial streets.
F. Double-frontage lots are not permitted except as follows:
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1. Where lots back upon a major or minor arterial street,vehicular access from the lots to
the major or minor street is prohibited.
2. Where topographic or other conditions render subdividing otherwise unreasonable,such
double-frontage lots shall have an additional depth of at least twenty feet to allow for
a protective screen planting on one frontage.
G. Lots adjacent to a floodplain may be required to have an additional depth or width to provide
an acceptable building site and to assure adequate future stormwater storage and conveyance.
No floodplain, Waters of the U.S. or wetlands shall be on any lot with a building.
H. 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,
watercourses, historic designations, or similar conditions.
Chapter 18.28 REQUIRED IMPROVEMENTS
Sections:
18.28.010 Generally.
18.28.020 Sanitary and storm utilities.
18.28.030 Water supply.
18.28.040 Public utilities.
18.28.050 Streets.
18.28.060 Estate residential developments.
18.28.070 Acceptance of street and land improvements.
18.28.010 GENERALLY.
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A. Final plats shall be approved by the city council subject to the approval of the Director
certifying that the proposed improvements comply with the provisions of this chapter. Plans for all
improvements shall be prepared by a Registered Professional Engineer in the State of Illinois. All
plans for improvements shall be provided in an electronic format and paper format to the City
Engineer. All public improvements shall be extended to each boundary of the property as directed
by the City Engineer. Plan approval shall be provided only after all requirements of this Title have
been addressed and the City has received all permits or no-permit-required letter from all other
agencies.
18.28.020 SANITARY AND STORM UTILITIES.
A. Sanitary sewer service 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. Sanitary sewer service lines shall be connected to a public
sanitary sewage collection system which shall be connected to a public sanitary wastewater
treatment facility. All sanitary sewer services shall have a clean out located on the service one
foot inside the property line.
B. Interim septic systems may be allowed when sanitary sewer service is not available and shall
be subject to the following requirements:
1. The property shall be annexed to the Fox River Water Reclamation District or, if not
contiguous to the district, a restrictive annexation to the district when contiguity is
established and requiring disconnection from the temporary septic system and
connection to the sanitary sewer system within six months of the availability of sewer
service. Annexation and connection fees shall be payable consistent with standard
38
district requirements. The owner of the property shall cause a copy of such restriction
to be filed in the office of the recorder of deeds.
2. No further municipal action including but not limited to approval of a performance
bond,issuance of a building permit,or approval of engineering plans and specifications
shall be taken until the required covenant has been recorded.
3. All service and lateral sewer line extensions shall be installed for future connection
when feasible and as determined by the Director.
4. The developer shall submit required percolation tests and septic system design prepared
and sealed by a professional engineer registered in the state of Illinois, proper to the
issuance of any building permit.
C. A stormwater drainage system meeting Title 21 requirements shall be installed throughout the
entire subdivision to control water from all inlets and shall be provided with an adequate
outfall. The stormwater drainage system shall be separate and independent of the sanitary
sewer system. The stormwater drainage system shall include a major drainage system
designed to safely convey the one percent(100-year) event to detention facilities and then to
a receiving conveyance. The storm water drainage system shall consider upstream runoff and
shall provide facilities to pass upstream runoff.
D. Where a storm sewer system with a greater capacity than is necessary to serve the
development is required by the Director, the developer shall pay for the installation of the
entire system. The developer shall be eligible for future reimbursement for oversizing, the
amount of which shall be determined jointly by the developer and the Director,and approved
by the city council. The city council shall subsequently pass an ordinance which will list the
39
amount each property upstream of and contributing to the sewer system and not under the
control of the developer shall pay for the oversizing.
E. Sanitary and Storm Sewers shall consist of materials approved by the City Engineer and Fox
River Water Reclamation District. Sanitary and storm sewer systems shall be water tight in
all aspects. The City Engineer may permit the use of drywell or perforated pipe systems.
F. Connections to a sanitary sewer shall be made with manufactured wyes and tees. Cutting the
sewer main to install a service is prohibited. Connections to a storm sewer shall only be
made at a catch basin,manhole or approved structure. Direct connection to storm sewer pipe
is prohibited.
G. All sanitary and storm sewer mains (does not include laterals) to be publicly owned and
maintained shall be inspected one year following the systems completion via video tape or an
approved electronic recording system. Said inspection must be provided to the City Engineer
for his or her approval prior to acceptance of the sewers for public maintenance.
H. Each lot within a plotted subdivision shall be given access to a storm sewer structure for the
purpose of connecting a sump pump. Each residential building within a subdivision that
includes a sump pump shall be provided with a connection to a storm sewer structure and a
6" diameter drain tile from the structure to the building. The owner of the property shall be
responsible for the maintenance of the 6" diameter drain tile and the connection to the storm
sewer structure.
I. All sanitary sewers and storm sewers shall conform to Titles 14 and 21 of this code.
18.28.030 WATER SUPPLY.
A. Water distribution facilities shall be installed to serve all properties within the development.
40
B. The water distribution system shall be designed to be compatible with the overall distribution
network of the city.Dead-end mains shall be avoided wherever possible as determined by the
Director.
C. Where a water system is required by the Director with a capacity which is greater than that
necessary to serve the proposed development,the city shall pay the cost of oversizing for the
additional capacity.
D. 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 Director and approved by the city council.
E. The minimum size required for water distribution mains shall be eight inches. In water main
replacement projects, size of feeder main will be taken into account for sizing purposes.
F. 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
completion of street surfacing.
G. One-inch water taps shall be provided for all one-family and two-family zoned lots,and eight-
inch water taps shall be provided for all lots or potential building locations within
developments zoned for manufacturing.
H. The size of water taps within multifamily and commercial developments shall be determined
by the Director.
I. 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.
J. Watermains shall be looped. Watermain shall not pass through side yards or rear yards.
41
K. Valves shall be spaced to have a maximum shutdown of 20 homes.
L. Maximum fire hydrant spacing is 300 feet.
18.28.040 PUBLIC UTILITIES.
All utilities, except those provided for as a conditional use consistent with Chapter 19 of this
code;including but not limited to telephone,electric,gas and cable television lines,shall be installed
underground in all developments and subdivisions and shall be located in recorded easements.
18.28.050 STREETS.
A. All streets shall be improved with pavements to an overall width in accordance with the
following minimum dimensions:
Pavement Width
Street Classification (Back to back of curbs or gutters)
Major arterial In conformity with city street standards
Minor arterial In conformity with city street standards
Collector 36 feet
Minor 30 feet
Cul-de-sac 26 feet
Frontage access 24 feet
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B. Pavement in a cul-de-sac turnaround shall have a minimum diameter of ninety feet measured
from back to back of curbs.
C. Pavements shall be designed and constructed in accordance with city standard specifications.
D. Barrier type Portland Cement Concrete curb and gutter shall be installed on all arterial,
collector, and minor streets. A roll type. Portland Cement Concrete curb and gutter may be
installed on all cul-de-sac streets. Curb and gutter shall be designed and constructed in
accordance with city standard specifications.
E. Concrete sidewalks shall be required on both sides of streets and shall be installed in
accordance with city standard sidewalk specifications and laws governing handicap
accessibility. Access shall be available to all lots.
F. Street lighting shall be installed according to city standard specifications.
G. Street name signs including traffic control signs, shall be installed in accordance with city
standard specifications. Traffic control signs shall be of a design consistent with the State of
Illinois Manual on Uniform Traffic Control Devices.Any street designed with a two hundred
fifty foot centerline turning radius shall be posted for a maximum speed limit of twenty-five
miles per hour.Any street designed with a two hundred foot centerline turning radius shall be
posted for a maximum speed limit of twenty miles per hour.
H. All curb corners (returns) shall have minimum radius of twenty feet.
I. All parkways within the dedicated right-of-way shall be sodded in accordance with city
standard specifications.
J. Trees having a trunk diameter,measured six inches above the ground,of not less than two and
one-half inches shall be planted not more than forty feet apart along both sides of all streets
where trees do not exist. This requirement will be satisfied if an equivalent number of trees
43
of the same size or larger are planted in a naturalistic manner in the front yards of the lots
abutting the street. It shall be the responsibility of the developer to ensure compliance with
this requirement. The trees shall be in accordance with city standard specifications.
K. Installation of traffic-control signals may be required as determined by the Director based on
the impact of the proposed development on the street network and the state Department of
Transportation standards. The cost of the installation shall be borne by the developer and the
city, as may be appropriate. The amount of the cost to each shall be determined by the
developer and the Director, and approved by the city council.
18.28.060 ESTATE RESIDENTIAL DEVELOPMENTS.
A. The requirements for municipal water supply and public sewerage system 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 one hundred twenty-five feet in width at the building setback line and
the lot area is not less than forty thousand square feet; or
2. The building lot improved with either municipal water supply or a public sewerage
disposal system is not less than one hundred feet at the building setback line and the lot
area is not less than thirty thousand square feet; or
3. The building lot improved with a municipal water supply and public sewerage disposal
system is not less than one hundred feet in width at the building setback line and the lot
area is not less than twenty thousand square feet.
B. When said requirements have been met,the following minimum standards for improvements
shall apply:
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1. Sanitary and Storm Utilities.
a. Private sewerage disposal systems may be permitted where the minimum lot area
is forty thousand square feet and all regulatory requirements are met.
b. A surface drainage system may be permitted provided that all regulatory
requirements of Title 21 are met.
c. Culverts shall be provided under private drives and shall be maintained by the
property owner.
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-two feet within a minimum
sixty-foot right-of-way.The pavement shall be designed in accordance with city
standard specifications.
b. Curbs and gutters shall not be required unless determined otherwise by the city
council.
c. Sidewalks shall not be required unless determined otherwise by the city council.
d. Street lighting shall be installed at street intersections only. The street lighting
shall be in accordance with city standard specifications.
e. Street name signs including traffic control signs,shall be installed in accordance
with city standard specifications. Traffic control signs shall be of a design
consistent with the State of Illinois Manual on Uniform Traffic Control Devices
Any street designed with a two hundred fifty foot centerline turning radius shall
be posted for a maximum speed limit of twenty-five miles per hour. Any street
45
designed with a two hundred foot centerline turning radius shall be posted for a
maximum speed limit of twenty miles per hour.
f. Trees having a trunk diameter,measured six inches above the ground,of not less
than two and one-half inches shall be planted not more than forty 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 the lots abutting the street. It shall be the responsibility of the
developer to ensure compliance with this requirement. The trees shall be in
accordance with city standard specifications.
4. Public Utilities. All utilities, including but not limited to telephone, electric, gas, and
cable TV service lines, shall be installed underground in all developments and
subdivisions and shall be located in recorded easements.
18.28.070 ACCEPTANCE OF STREET AND LAND IMPROVEMENTS.
A. 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 Director certifying that all
improvements required to be constructed or installed in the development have been fully
completed and the construction or installation thereof has been approved. Recommendation
by the Director will be considered upon the receipt of electronic and mylar as constructed
drawings of all public improvements, a letter from the developer's engineer that all
improvements have been completed in accordance with approved plans and specifications and
a one year maintenance bond or letter of credit.
B. 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,
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irrespective of any act or acts by an officer,agent,or employee of the city with respect to such streets
or improvements. However, snow and ice control services only may be provided in those
developments where the improvements have not yet been accepted. This service shall be provided
when a hard surface or binder course has been placed on the street and an asphalt wedging has been
installed around all manholes, other structures and curb and gutter projecting above the pavement
so as to avoid damaging equipment.
Chapter 18.44
FEES AND PERMITS
Sections:
18.44.010 Annexation.
18.44.020 Preliminary plat filing.
18.44.030 Utility service.
18.44.040 Building.
18.44.050 Inspection of land improvements.
18.44.060 Occupancy.
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18.44.010 ANNEXATION.
A request for annexation shall be accompanied by a fee based upon total acreage and the
submission of a proposed annexation agreement:
A. Annexation(without Annexation Agreement).
1. Less than ten acres 100.00;
2. Ten acres to less than one hundred acres 150.00;
3. One hundred acres or more 200.00.
B. Annexation (with Annexation Agreement).
1. Less than ten acres 250.00;
2. Ten acres to less than one hundred acres 500.00;
3. One hundred acres or more 750.00.
18.44.020 PRELIMINARY PLAT FILING.
A. The submission of the preliminary plat of subdivision or a planned unit development shall be
accompanied by the following fees based on the total acreage of the proposed development:
1. Less than ten acres 250.00;
2. Ten acres to less than one hundred acres 500.00;
3. One hundred acres or more 750.00.
B. 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 planning and land use commission pertaining
to his application. A deposit of$200.00 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
planning and land use commission.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.
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C. All fees shall be paid in full prior to consideration by the corporate authorities.
18.44.030 UTILITY SERVICE.
Permits shall be obtained from the Engineering Division of the Department of Public Works
for the installation of communication, electric power, gas, and other utility services before any
installation is commenced.
18.44.040 BUILDING.
No building permit shall be issued for the construction of any building or structure within the
subdivision until all requirements of this Title have been met. Building permits may only be issued
upon the completion of the sanitary sewer, water main, storm water control and the pavement to
binder level.
18.44.050 INSPECTION OF LAND IMPROVEMENTS.
All required land improvements to be installed under the provisions of this title shall be
inspected during the course of construction by inspectors appointed by the Director. The cost of said
inspection shall be paid by the developer of the land and shall be in an amount of 1.5 percent of the
total estimated cost of the proposed improvements. Said amount shall be deposited with the finance
director prior to the issuance of any permit.
18.44.060 OCCUPANCY.
No occupancy permit shall be issued for the use of any structure within a subdivision or
development approved for platting or replatting until required utility facilities have been installed
and made ready to service the property,and all other required improvements have been constructed
or are in the course of construction and are suitable for use. In no case shall occupancy be issued
where the adjacent street has not been paved, street lighting,sanitary and water service has not been
provided or where unsafe conditions remain on or adjacent to the site or where required utilities are
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incomplete. All as-constructed drawings for utilities, final payment documents for public utilities,
and other agency approvals, when applicable, shall be submitted to and approved by the Director
before an occupancy permit may be issued.
Chapter 18.48
VARIATIONS AND EXCEPTIONS
Sections:
18.48.010 Generally.
18.48.010 GENERALLY.
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 title. Such
decisions may be appealed in writing to the land use committee for review.
A. No variance shall be granted for any construction or development located wholly or partially
within a SFHA unless the applicant demonstrates that:
1. The development activity cannot be located outside the SFHA;
2. A substantial economic hardship would result if the variance were not granted;
3. The relief requested is the minimum necessary;
4. There will be no additional threat to public health or safety or creation of a nuisance;
5. There will be no additional public expense for flood protection, rescue or relief
operations,policing, or repairs to roads, utilities, or other public facilities; and
6. The provisions of Section 21.30.060(C) of this chapter can still be met.
B. The Director shall notify an applicant in writing that a variance from the requirements of
Chapter 21.30 that would lessen the degree of protection to a building will:
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1. Result in increased premium rates for flood insurance up to amounts as high as twenty-
five dollars for one hundred dollars of insurance coverage;
2. Increase the risks to life and property; and
3. Require that the applicant proceed with knowledge of these risks and that he will
acknowledge in writing that he assumes the risk and liability.
C. A variance from the requirements of Chapter 21.30 may be granted to permit a "wet
floodproofed"building,that is:a building to be intentionally flooded during a flood,provided:
1. No part of such a building below the FPE may be subject to flood damage.
2. The variance shall be conditioned on the contents being:
a. Of materials resistant to flood damage; or
b. Items declared "property not covered" by a Standard Flood Insurance Policy of
the National Flood Insurance Program; or
c. Readily moveable to a place of protection during a flood provided there will be
personnel available and adequate warning.
3. Any future alteration of the area below the FPE that violates the conditions of the
variance shall be deemed a violation of this chapter. The Director shall inform the
applicant that any such alteration is considered a wilful act to increase flood damages
and therefore will cause coverage by a Standard Flood Insurance Policy to be
suspended.
D. Variances requested in connection with restoration of a site or building documented as worthy
of preservation by the Illinois Department of Conservation may be granted using criteria more
permissive than the requirements of Chapter 21.30.
Chapter 18.52
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VIOLATION AND PENALTY
Sections:
18.52.010 Designated.
18.52.010 DESIGNATED.
The Director may determine upon due investigation that a violation of the minimum standards
of this Title exists and after such owner fails after ten days' notice to correct his property, the city
may make application to the circuit court for an injunction requiring conformance with this Title or
make such other order as the court sees necessary to secure compliance with the Title. In addition
to the foregoing,any person who violates this chapter shall upon conviction thereof be fined not less
than $100 nor more than $1000. A separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues. Failure to comply with the requirements of a
permit or conditions of a variance resolution shall be deemed to be a violation of this Title.Nothing
herein shall prevent the city from taking such other lawful action to prevent or remedy any
violations. All costs connected therewith shall accrue to the person or persons responsible.
Section 2. Severability. Should a court of competent jurisdiction determine that one or more
sections or subsections of this ordinance is or are invalid, the remaining sections and subsections
hereof shall remain in full force and effect.
Section 3.Repealer. Any and all ordinances,sections or subsections of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This ordinance shall become effective upon its passage and
publication as required by law.
/
Ed Schock, Mayor
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Presented: June 28, 2000
Passed: June 2 8 , 2 0 0 0
Vote: Yeas 7 Nays 0
Recorded: June 29 , 2 0 0 0
Published: June 2 9 , 2 0 0 0
Attest:
Dolonna Mecum, City Clerk
Pk
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