In accordance with State law 1 this chapter regulates the subdivision and development of land in order to implement the City of East Moline comprehensive plan and Official Map. Thus this chapter assists in achieving the following specific objectives:

   (A)   To preserve, protect, and promote the public health, safety, and welfare;

   (B)   To provide a pleasant living environment by furthering the orderly layout and use of land; and to create an environment conducive to the productive development of the City;

   (C)   To avoid legal and other problems by requiring that subdivided land be properly monumented and recorded;

   (D)   To conserve and increase the value of land, improvements, and buildings;

   (E)   To preserve the natural beauty and topography to the maximum feasible extent;

   (F)   To provide adequate light, air, and privacy for all residents of new developments by preventing undue concentration of population;

   (G)   To protect against injury or damage caused by fire, pollution, flooding, stormwater runoff, or erosion and sedimentation;

   (H)   To provide safe and convenient access to new developments and to avoid traffic congestion by requiring the proper location, design, and construction of streets and sidewalks;

   (I)   To reduce the cost of installing and maintaining adequate water mains, sanitary sewers, stormwater sewers, and other utilities and services; and

   (J)   To ensure that adequate parks, schools and similar facilities can be made available to serve the residents of new developments.

   (K)   Provide for the acceptance of lands of public rights-of-way. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

This chapter shall be applicable within the corporate limits of the City of East Moline and within all unincorporated territory located within one and one-half (11/2) miles of said limits, provided such territory is not located within the subdivision jurisdiction for another municipality 1 . (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

Every provision of this chapter shall be construed liberally to achieve the purposes outlined in section 10-31-1.1 of this section 10-31-1.

   (A)   More Restrictive Requirements Apply: Whenever the requirements of this chapter differ from those of any statute, lawfully adopted ordinance or regulation, easement, covenant, or deed restriction, the more stringent requirement shall prevail. Thus, in accordance with State law 1 , whenever this chapter imposes higher standards than the County Subdivision Ordinance, said higher standards shall supersede the County regulations in the unincorporated territory located within the City of East Moline's subdivision jurisdiction.

This chapter is not intended to abrogate any easement, covenant, deed restriction, or any other private agreement or restriction; provided, that, where the provisions of this chapter are more restrictive or impose higher standards or regulations than such easement, covenant, deed restriction, or other private agreement or restriction, the provisions of this chapter shall govern. Where the provisions of the easement, covenant, deed restriction, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of this chapter or the determinations of the City in approving a subdivision or in enforcing this chapter, and such private provisions are not inconsistent with this chapter or determinations thereunder, then such private provisions shall be operative and supplemental to this chapter and determinations made thereunder. The City does not purport to enforce any such private provisions not reflected on the plat and its supporting documents and unless there is expressed in the nature of the document and the approval process an intent to give the City enforcement rights over same. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

   (A)   Except as may be provided otherwise by statute or ordinance, no officer, board member, agent, or employee of the City of East Moline shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter 1 .

   (B)   Any suit brought against any officer, board member, agent, or employee of the City of East Moline, as a result of any act required or permitted in the discharge of his duties under this chapter, shall be defended by the City Attorney until the final determination of the legal proceedings. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

When the subdivider can show that a provision of this chapter, if strictly adhered to, would cause the unnecessary hardship and when, in the opinion of the City Plan Commission, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provision, the City Plan Commission may recommend a variance or modification to the Council. The subdivider shall apply in writing for such variance or modification of the action. Any variance or modification thus authorized, shall be attached to and made a part of the final plat. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

In construing the intended meaning of terminology used in this chapter, the following rules shall be observed:

   (A)   Unless the context clearly indicates otherwise, words and phrases shall have the meanings respectively ascribed to them in section 10-31-2.2 of this section 10-31-2; terms not defined in section 10-31-2.2 of this section 10-31-2 shall have the meanings respectively ascribed to them in chapter 3 of this title; if any term is not defined either in section 10-31-2.2 of this section 10-31-2 or in chapter 3 of this title, said term shall have its standard English dictionary meaning.

   (B)   Words denoting the masculine gender shall be deemed to include the feminine and neuter genders.

   (C)   Words used in the present tense shall include the future tense.

   (D)   Words used in the singular number shall include the plural number, and the plural the singular.

   (E)   The word "shall" is mandatory; the word "may" is discretionary.

   (F)   Captions (i.e., titles of sections, subsections, etc.) are intended merely to facilitate general reference and in no way limit the substantive application of the provisions set forth thereunder.

   (G)   References to sections shall be deemed to include all subsections within that section; but a reference to a particular subsection designates only that subsection.

   (H)   A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

ADMINISTRATOR: The official appointed to administer this chapter, or his duly authorized representative.

ALLEY: A public right-of-way which affords a secondary means of vehicular access to the side or rear of premises that front on a nearby street.

AMENDMENT: A change in the provisions of this chapter, properly effected in accordance with State law and the procedures set forth herein.

AREA, GROSS: The entire area within the lot lines of the property proposed for subdivision/development, including any areas to be dedicated/reserved for street and alley rights-of-way and for public uses.

BLOCK: An area of land entirely bounded by streets, highways, barriers, or ways (except alleys, pedestrian ways, or exterior boundaries of a subdivision unless exterior boundary is a street, highway, or way) or bounded by a combination of streets, public parks, cemeteries, railroad rights-of-way, waterways, or corporate boundary lines.

CENTERLINE OFFSET: The distance between the centerlines of two (2) roughly parallel streets, measured along the third street with which both said "parallel" streets intersect.

COLLECTOR STREET: A street used primarily to collect limited amounts of residential traffic and for access to abutting properties, and on which the speed limit is low and traffic volume is minimal.

COMPREHENSIVE PLAN: The plan or any portion thereof adopted by the City Council to guide and coordinate the physical and economic development of the City of East Moline. The Comprehensive Plan includes, but is not limited to, plans and programs regarding the location, character, and extent of highways, bridges, public buildings or uses, utilities, schools, residential, commercial or industrial land uses, parks, drainage facilities, etc.

CROSS-SLOPE: The degree of inclination measured across a right- of-way rather than in the direction traffic moves on said right- of-way.

CUL-DE-SAC: A street having only one outlet for vehicular traffic and having the other end permanently terminated by a turn-around for vehicles, the term may also be used to refer solely to said turn-around.

CURB AND GUTTER INTEGRAL: The rim forming the edge of a street plus the channel for leading off surface water, constructed of poured concrete as a single facility.

DEDICATE: To transfer the ownership of a right-of-way, parcel of land, or improvement to the City of East Moline or other public entity without compensation.

DEVELOP: To erect any structure or to install any improvements on a tract of land, or to undertake any activity (such as grading) in preparation therefor.

DISTRICT ZONING: A portion of the territory of the City of East Moline wherein certain uniform requirements or various combinations thereof apply to structures, lots, and uses under the terms of this title.

EASEMENT: A right to use a portion of another person's real property for certain limited purposes.

EROSION: The wearing away of the land surface by the action of wind, water or gravity.

ESCROW DEPOSIT: A deposit in cash or other approved securities to assure the completion of improvements within a subdivision.

FRONTAGE: The boundary of a lot along a public street.

FRONTAGE ROAD: A minor street fronting on an arterial street or highway (usually a limited access highway), used for access to abutting lots.

GRADE: The degree of inclination of the site or right-of-way, expressed as a percentage. Synonym for "slope".

IMPROVEMENT PLANS: The engineering plans showing types of materials and construction details for the structures and facilities to be installed in, or in conjunction with, a subdivision.

IMPROVEMENTS: Any street, curb and gutter, sidewalk, drainage ditch, sewer, catch basin, newly-planted tree, off-street parking area, or other facility necessary for the general use of property owners in a subdivision.

INTERSECTION: The point at which two (2) or more public right-of- ways (generally streets) meet.

LOCAL STREET: A street serving limited amounts of residential traffic, and used for access to abutting property.

LOT: A tract of land intended as a unit for the purpose (whether immediate or future) of development or transfer of ownership. A "lot" may or may not coincide with a "lot of record".

LOT AREA: The area of a horizontal plan bounded by the front, side, and rear lines of a lot.

LOT, CORNER: A lot having at least two (2) adjacent sides that abut for their full length upon streets.

LOT OF RECORD: An area of land designated as a lot on a plat of subdivision recorded with the Recorder of Deeds of Rock Island County, Illinois, in accordance with State law.

LOT, THROUGH: A lot having a pair of approximately parallel lot lines that abut two (2) approximately parallel streets. Both such lot lines shall be deemed front lot lines.

MAINTENANCE BOND: A surety bond, posted by the developer and approved by the City of East Moline, guaranteeing the satisfactory condition of installed improvements for the two-year period following their dedication.

MARGINAL ACCESS STREET: A local dead-end street providing access to ten (10) or fewer dwelling units.

MINOR ARTERIAL STREET: A street which carries or is proposed to carry intermediate volumes of traffic from local streets to arterial streets and which may or may not be continuous.

OFFICIAL MAP: The Official Map may show indication of sites for planned public facilities. Public facility sites which may be indicated on the Official Map may include but are not limited to: sites for new trafficways or widening of existing trafficways; school sites; public building sites; and sites for future storm drainage, electrical or other public service or utility easements.

PERFORMANCE BOND: A surety bond posted by the developer and approved by the City of East Moline, guaranteeing the installation of required improvements within, or in conjunction with, a subdivision.

PLAT, DEDICATION: A plat required for the dedication to the City of all right-of-way easements, and public improvements outside of a subdivision plat or within a special use classification.

PLAT, FINAL: The subdivider's plan and supporting documentation of the subdivision which, if approved, may be filed with the Rock Island County Recorder of Deeds.

PLAT, PRELIMINARY: Preliminary engineering maps, drawings, and supportive material indicating the proposed layout of a subdivision.

PRE-FILING CONFERENCE: A conference held between the developer and appropriate City staff prior to submission of a preliminary or final plat.

PRINCIPAL ARTERIAL STREET: A street designed or utilized primarily for high vehicular speeds or for heavy volumes of traffic on a continuous route with intersections at grade, and on which traffic control devices are used to expedite the safe movement of through traffic.

RESERVE: To set aside a parcel of land in anticipation of its acquisition by the City of East Moline (or other government entity) for public purposes.

RIGHT-OF-WAY, PUBLIC: A strip of land which the owner/subdivider has dedicated to the City of East Moline or other unit of government for streets, alleys, and other public improvements.

SEDIMENT: Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, or gravity as a product of erosion.

SETBACK, FRONT: The horizontal distance between the street right- of-way line and the building line. Minimum setback requirements are set forth in this title.

SEWERAGE SYSTEM, PRIVATE: A sewer system including collection and treatment facilities established by the developer to serve a new subdivision in an outlying area.

SIDEWALK: A pedestrian way constructed in compliance with the standards of this chapter.

SOIL: All unconsolidated mineral and organic material of whatever origin that overlies bedrock which can be readily excavated.

STOP ORDER: An order used by the Administrator to halt work-in- progress that is in violation of this chapter.

STREET: A public or private way for motor vehicle travel. The term "street" includes a highway, thoroughfare, parkway, through way, road, pike, avenue, boulevard, lane, place, drive, court and similar designations, but excludes an alley or way for pedestrian use only.

STRUCTURE: Anything constructed or erected on the ground, or attached to something having a fixed location on the ground. All buildings are structures but not all structures are buildings.

STUB STREET: A street that is temporarily terminated, but that is planned for future continuation.

SUBDIVIDER: Any person, firm, partnership, association, corporation, estate or other group or combination acting as a unit, dividing or proposing to divide land in a manner that constitutes a "subdivision" as defined in this section.

SUBDIVISION: Any division of land into two (2) or more lots, any of which is less than five (5) acres, or any transfer involving an easement of ingress or egress, except as set forth in the Plat Act, 765 Illinois Compiled Statutes 205/1.

SUBDIVISION, MINOR: A division of land into two (2) but not more than five (5) lots, all of which front upon an existing street, and not involving any new streets, other rights-of-way, easements, improvements, or other provisions for public areas and facilities.

TOPOGRAPHY: The relief features or surface configuration of an area of land.

UTILITY: A business or service which is engaged in regularly supplying the public with some commodity or service which is of consequence and need and which has a duty to serve without discrimination all within its service area. A utility can be publicly or privately owned and includes, without limitation, the following services or commodities:

   (A)   Electricity.

   (B)   Gas, oil, or steam.

   (C)   Water.

   (D)   Sanitary sewerage.

   (E)   Storm sewerage.

   (F)   Telephone or telegraph.

   (G)   Cable television and other communication lines.

   (H)   Transportation lines, such as fixed rail, but only if expressly stated.

VACATE: To terminate the legal existence of right-of-way or subdivision or portion thereof, and to so note on the final plat recorded with the Rock Island County Recorder of Deeds (chap. 109, pp. 6-8).

VARIANCE, SUBDIVISION: A relaxation in the strict application of the design and improvement standards set forth in this chapter. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

No land within the subdivision jurisdiction of the City of East Moline - other than land that is specifically exempted from the requirements of the Illinois Plats Act 1 - shall be subdivided or developed except in compliance with the regulations of this chapter and the applicable provisions of State law 2 . No lot in any subdivision shall be conveyed until:

   (A)   The final plat of said subdivision has been approved by the City Council and recorded in the Office of the Rock Island County Recorder of Deeds; and

   (B)   The portion of said subdivision in which the lot is located has been improved in accordance with the requirements of this chapter or until a performance bond or other security has been posted to assure the completion of such improvements.

A building permit shall not be issued for any lot conveyed in violation of this section. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

Land that is unsuitable for development due to flooding, poor drainage, rough topography, adverse soil conditions, or other features which will be harmful to the health, safety, and general welfare of the inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless the subdivider/developer formulates adequate plans/methods to solve the problems caused by the adverse land conditions. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

   (A)   Lot Requirements: All lots in a subdivision shall conform to the minimum lot area and dimensions requirements of the zoning district in which said subdivision is located; land that is under water or proposed for street improvements shall not be counted to satisfy these minimum requirements. Every corner and through lot shall be large enough to permit compliance with the district's front setback requirements on every side of the lot that faces a street. All lot remnants shall be added to adjacent lots to avoid the creation of unbuildable parcels.

   (B)   Access And Relationship To Streets: Land shall be subdivided in such a way that each lot abuts a street meeting the requirements of section 10-31-3.5 of this section 10-31-3. All side lot lines shall be at right angles to straight street right- of-way lines or radial to curved street right-of-way lines except where a deviation from this rule will provide a better street and lot design. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

   (A)   Materials, Size, And Location:

      1.   Concrete cylinders or rectangular prisms, not less than four inches (4") in diameter or square and forty two inches (42") long, shall be set at the extreme corners of subdivisions.

      2.   Steel pins, not less than one-half (1/2) of an inch in diameter and thirty inches (30") long, with a survey marker cap showing the land surveyor's registration number, shall be set at locations in accordance with the Plat Act.

   (B)   Resetting Monuments: Any monuments disturbed by construction or grading shall be reset. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

All streets shall be properly integrated with the existing and proposed street system indicated in the Municipal comprehensive plan and Official Map, and shall meet the specifications set forth in tabular form below. For divided boulevards, the developer shall submit an acceptable plan for maintenance to the City Planning Commission.

TABLE OF STREET DESIGN SPECIFICATIONS

 

   (A)   Horizontal Curvatures: All changes in horizontal alignment shall be conducted with a horizontal curve with the following minimum centerline radius, designated "R":

      1.   For principal, minor and collector streets (design speed = 35 mph), R shall equal five hundred feet (500');

      2.   For local streets (design speed - 30 mph), R shall equal one hundred twenty five feet (125'); and

      3.   For alleys, R shall equal one hundred feet (100').

   (B)   Through Traffic Discouraged: Marginal access and local streets shall be laid out so as to discourage use by through traffic. The rigid rectangular gridiron street pattern should be avoided, and the use of curvilinear streets, cul-de-sacs, or U-shaped streets shall be encouraged to effect a more desirable street layout.

   (C)   Limited Access To Arterials: Where a subdivision abuts or contains an existing or proposed arterial street, the Planning Commission may recommend to the City Council that access to said arterial may be limited by one of the following means:

      1.   The subdivision of lots so that they back onto the arterial street and front onto a parallel local street (double frontage lots), coupled with the installation of screening in a reserve (access-restricting) strip along the rear lot lines of such lots;

      2.   A series of cul-de-sacs, U-shaped streets, or short loops entered from and generally at right angles to the arterial street; or

      3.   A frontage road separated from the arterial street by a planting strip, but having access thereto at suitable points.

   (D)   Dead-End Streets:

      1.   Temporary Stub Streets: Streets shall be so arranged to provide for the continuation of streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire and police protection, and efficient provision of utilities, and where such continuation comports with the Municipal comprehensive plan. If the adjacent property is owned by the developer (under the same ownership) and undeveloped and the street must dead-end temporarily, the right- of-way shall be extended to the property line, and no strip that would prevent connections with future streets shall be reserved. A temporary turnaround shall be provided at the terminus of any temporary dead-end street. If the adjacent property is under another ownership there should be a permanent dead-end.

      2.   Permanent Dead-End Streets: Cul-de-sacs shall have a maximum length of seven hundred fifty feet (750'). A cul-de-sac turn- around, having a minimum right-of-way diameter of ninety eight feet (98'), a minimum pavement return radius twenty five feet (25'), and a pavement diameter of seventy five feet (75'), shall be provided at the end of every permanent dead-end street.

   (E)   Alleys: Alleys shall be prohibited in Single-Family Residence Districts. Alleys may be required in Multiple-Family Districts and in Commercial/Industrial Districts unless other adequate provisions for service access are made. Adequate vehicular turnaround space shall be provided at the terminus of any dead- end alley.

   (F)   Intersections:

      1.   Only Two Streets: Not more than two (2) streets shall intersect at any point.

      2.   Right Angles: Streets shall be laid out so as to intersect as nearly as possible at right angles; in no case shall two (2) streets intersect at an angle of less than eighty degrees (80°) or more than one hundred degrees (100°). An oblique street shall be curved approaching an intersection and shall be approximately at right angles with said intersection for at least one hundred feet (100') therefrom.

      3.   Alignment: Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with centerline offsets of less than one hundred twenty five feet (125') shall not be permitted, except where the intersected street has divided lanes without median breaks at either intersection. Intersections involving collector or arterial streets shall be at least eight hundred feet (800') apart.

      4.   Curb Radii: To permit safe vehicular movement at corners, the minimum curb radius at the intersection of two (2) streets shall be fifteen feet (15') where both streets are marginal access or local and at other intersections, not less than twenty five feet (25').

      5.   Grade: Intersections shall be designed with a minimum grade of five-tenths of one percent (0.5%). In hilly terrain, an area having not greater than a two percent (2%) slope for a distance of sixty feet (60') from the nearest right-of-way line of the intersecting street shall be provided at the approach to an intersection.

      6.   Cross-Slope: The cross-slopes of all streets, including intersections, shall not exceed three percent (3%).

      7.   Adequate Sight Lines: Where any street intersection will involve earth banks or existing vegetation, the developer shall cut such ground and/or vegetation (including trees) in connection with the grading of the public right-of-way to the extent necessary to provide adequate sight distance in accordance with the following chart:

 

 

For design speeds exceeding thirty five (35) miles per hour (35 mph), sight distance will be determined based upon AASHTO criteria.

   (G)   Reverse Curves: A tangent at least fifty feet (50') long shall be introduced between reverse curves on local streets and one hundred feet (100') long on collector streets.

   (H)   Road Dedications And Reservations And Improvements To Existing Streets:

      1.   New Perimeter Streets: Street systems in new subdivisions shall be laid out so as to eliminate or avoid new perimeter half- streets. Where an existing half-street is adjacent to a new subdivision, the other half of the street shall be improved and dedicated by the subdivider. The Planning Commission may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right-of-way width within his own subdivision boundaries.

      2.   Existing Roads: Where a subdivision borders an existing narrow road or when the Comprehensive Plan, Official Map, or zoning setback regulations indicate plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant shall be required to improve and dedicate at his expense such areas for widening or realignment of such roads as are specifically and uniquely attributable to his subdivision and to reserve for public use any portion of the right-of-way determined not to be specifically and uniquely attributable to his subdivision.

      3.   Excess Right-Of-Way: Right-of-way in excess of the standards set forth in the Table of Street Design Specifications shall be required to be dedicated when:

         (a)   Due to topography, additional width is necessary to provide adequate earth slopes; or

         (b)   Due to the location of railroad tracks, additional width is needed to construct overpasses, underpasses, and approaches thereto.

      4.   "Specifically And Uniquely Attributable" Defined: For purposes of this section, the phrase "specifically and uniquely attributable" shall mean as a minimum that areas currently zoned or to be zoned Single-Family for residential uses in the Comprehensive Plan shall require marginal access, local, or collector streets, depending on density; that areas currently zoned or to be zoned for multi-family residential uses in the Comprehensive Plan shall require local, boulevard, collector, minor arterial, or principal arterial streets, depending on density; that areas currently zoned or to be zoned for commercial uses in the Comprehensive Plan shall require local, collector, minor arterial, or principal arterial streets, depending on whether same is a neighborhood, community, or regional area; and that areas currently zoned or to be zoned for industrial uses in the Comprehensive Plan shall require collector, minor arterial, or principal arterial streets, depending on the size of the industrial area. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

All new streets shall be graded, curbed, and surfaced in accordance with the standards of Illinois Department of Transportation and the provisions of the subsections below.

   (A)   Curb And Gutter: All streets shall be bounded by concrete curbs and gutters.

   (B)   Pavement: All streets and alleys shall be paved in accordance with the minimum standards as indicated below:

      1.   Alleys: Six inch (6") thick non-reinforced concrete.

      2.   Marginal Access, Local:

         (a)   Six inch (6") thick reinforced Portland cement concrete pavement; or

         (b)   Seven inch (7") thick non-reinforced Portland cement concrete; or

         (c)   Asphaltic concrete construction meeting Department of Transportation specifications and satisfactorily meeting Director of Engineering Services' specifications.

      3.   Collector, Minor Arterial:

         (a)   Seven inch (7") thick reinforced Portland cement concrete; or

         (b)   Eight inch (8") thick non-reinforced Portland cement concrete; or

         (c)   Asphaltic concrete construction meeting Department of Transportation specifications and satisfactorily meeting Director of Engineering Services' specifications.

      4.   Principal Arterial:

         (a)   Eight inch (8") thick reinforced Portland cement concrete; or

         (b)   Nine inch (9") thick non-reinforced Portland cement concrete; or

         (c)   Asphaltic concrete construction meeting Department of Transportation specifications and satisfactorily meeting Director of Engineering Services' specifications.

The above thickness requirements shall be increased if traffic volume, subgrade or other conditions show justifications for increased thickness. A subbase or base shall be constructed in accordance with the appropriate articles of the standard specifications when required by the Director of Engineering Services. A subbase or base with an underdrain system may be required in areas where a combination or proposed street grade and soil type may lead to subgrade erosion and pavement undermining. The City may require additional engineering documentation to establish that the above standards are appropriate for the reasons stated in this paragraph.

Pavements shall be constructed in accordance with these standard specifications and in conformity with the lines, dimensions and grades shown on the plans and to the form and dimensions shown on the detail drawings included with and being part of these specifications. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

   (A)   Block Width: Blocks shall be sufficiently wide to accommodate two (2) tiers of lots having the minimum depth required by the zoning district regulations; provided, that this requirement may be waived in blocks adjacent to local collector or collector streets, railroads, or water courses.

   (B)   Block Length: No block shall be longer than one thousand feet (1,000') nor shorter than three hundred feet (300'). (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

Sidewalks shall be installed on both sides of all streets. Sidewalks shall be installed at the time the lot is developed or prior to issuance of the occupancy permit.

   (A)   Sidewalk Construction Standards:

      1.   Relationship To Curb: Sidewalks shall be located one foot (1') inside the right-of-way line or on a line to be given by the City Engineer when it is impossible or not feasible to build or construct the same as aforesaid.

      2.   Width: Sidewalks shall be at least four feet (4') wide.

      3.   Thickness Of Concrete: All sidewalks shall be constructed of concrete at least four inches (4") thick, except that across driveways the thickness shall be increased to six inches (6").

      4.   Grade: No sidewalk shall be constructed at a grade steeper than ten percent (10%).

      5.   Ramps At Intersections: Curbs shall be cut and sidewalks shall be ramped at all intersections so as to enhance the mobility of handicapped individuals. Ramps shall equal or exceed the standards of the Illinois Capital Development Board. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

All utilities provided as new installations within a subdivision shall be placed in the right-of-way or in easements, and shall be provided under ground, unless an exception or exemption has been granted.

   (A)   Responsibility: For all major subdivisions, the subdivider shall make the necessary arrangements with the appropriate utility companies for the proper installation of utilities to assure that all lots have adequate gas, electrical, and communications service.

   (B)   Requirements: All underground electric distribution circuits installed by the utility company within the City shall be installed in accordance with the Safety Rules for the Installation and Maintenance of Electric Supply and Communication Lines, U.S. Department of Commerce, National Bureau of Standards, and General Order No. 160, Rules for Construction of Electric Power and Communication Lines, Illinois Commerce Commission.

   (C)   Enforcement: The building inspector shall not issue any occupancy permits until all utilities have been installed in the subdivision.

   (D)   Exceptions: The requirements for underground utilities shall not apply in the following instances:

      1.   Principal electric distribution feeder circuits and electric transmission circuits shall not be required to be installed under ground.

      2.   Any service which is considered by the utility company to be unfeasible for undergrounding, due to high voltage or inordinately high and unjustified cost, may be provided overhead when authorized by the City Council.

      3.   When topographic or soil conditions cause the cost of undergrounding to be extremely and unjustifiably high, services may be provided overhead when authorized by the City Council.

      4.   When a subdivision is developed adjacent to or abutting an existing development in which the primary feeder lines have been installed overhead, the new subdivision may use the overhead lines with the following provisions:

         (a)   The service lines to the buildings in the new subdivision shall be installed under ground.

         (b)   All additional necessary feeder lines shall be installed under ground.

      5.   When a building is constructed on a single unoccupied lot in an area which is fully developed with overhead electric and communication service, the building may use the overhead service line if it completes the development of the area.

      6.   Utilities provided as new installations to lots for industrial purposes may be provided overhead.

   (E)   Exemptions: The following specific facilities shall be exempt from the requirements of this chapter:

      1.   Poles used exclusively for street lighting.

      2.   Poles, overhead lines, and associated overhead structures, authorized by the City Council, crossing or entering any portion of a district from which overhead wires have been prohibited, and originating in an area in which overhead wires are allowed.

      3.   Overhead lines attached to the exterior of a building by means of a bracket or similar device, and extending from one location on the building to another on the same building, or to an adjacent building without crossing any public street or right-of- way.

      4.   Radio antenna and associated structures and equipment used for furnishing communication service.

      5.   Service terminals and necessary pad-mounted electric equipment installed above ground, used to distribute communication and electric service in underground systems. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

   (A)   Water Distribution System: Every subdivision shall be provided with a complete water distribution system adequate to serve all lots within the subdivision. The water distribution system shall be designed according to standard specifications and shall be approved by the Director of Engineering Services and the Illinois Environmental Protection Agency. Whenever a water main is extended it shall be extended across the entire frontage of the property being subdivided and it shall be connected to any other mains which front on or are adjacent to the subdivision to provide for looping of the water system.

   (B)   Fire Flow Requirements: The engineer for the subdivider shall calculate the expected fire flow requirements within the subdivision based upon the intended zoning and expected land use in accordance with the Fire Code, latest adopted edition. Also taken into consideration when determining the size of pipe to be installed shall be the anticipated demand for water by downstream properties based on anticipated development of such properties based on the Comprehensive Plan for such expansion areas.

   (C)   Individual Service Connections: Individual service connections within single-family residential subdivisions shall be extended from the main to within one foot (1') of the lot line of each lot with an approved corporation and curb box and clearly marked with a fence post or similar material to facilitate their locations.

   (D)   Fire Flow Tests: Upon written request to the Director of Engineering Services, the City will perform fire flow tests on the existing water mains to be extended and provide the data to the subdivider's engineer.

   (E)   Fire Hydrants: Fire hydrants of the type approved by the Director of Engineering Services shall be installed according to standard engineering practices and shall be placed at intervals of not more than three hundred feet (300'). (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

All proposed sanitary sewer facilities shall comply with the regulations of the Illinois Environmental Protection Agency, and must be approved by the ACO.

   (A)   When Public System Available:

      1.   Whenever the subdivision any point of which is within three hundred feet (300') of an existing publicly owned sewer main or other collection system and who have the right to extend public sewer mains or private sewer laterals from said property to said existing publicly owned sewer main or other collection system either by way of street, alley, public way, public easement, or private easement the subdivider shall construct sewer mains, where technically feasible, which shall be connected to such public sewer and shall provide sewer to all lots within the subdivision.

      2.   All sewer main construction shall be done according to standard engineering practices.

      3.   Whenever a sanitary sewer system is extended it shall be extended across the entire frontage or frontages of the property to be improved by the extension unless the City has determined, because of land contours or the presence of other mains, that no other property can be technically or needs to be served by such an extension.

   (B)   Interim Disposal Systems: Where a sanitary sewer cannot be extended as required by subsection (A) of this section, the developer shall construct a sanitary sewer system to serve all lots within the subdivision and shall provide sewage treatment by means of an approved sewage treatment plant which shall be operated and maintained by the developer until such time as the system can be connected to the publicly owned system. Said system shall be temporarily capped. Where the land covered by the preliminary plat contains not more than ten (10) lots, individual sewage disposal systems may be used and must be installed according to applicable laws and regulations of the appropriate approving agency. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

   (A)   Utility Easements: Easements at least ten feet (10') wide shall be provided for public and private utilities along the front right-of-way lines of the public streets. Easements located elsewhere shall be at least twenty feet (20') wide and if along lot lines, they shall be centered on the lot lines.

   (B)   Drainage Easements: Adequate easements for stormwater drainage shall be established along any natural drainage channel and in any other locations where necessary to provide satisfactory disposal of stormwater from streets, alleys, and all other portions of the subdivision. The precise location and minimum widths of said easements shall be determined by the Municipal Engineer. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

   (A)   Design Criteria: The Planning Commission shall not recommend the approval of plat unless, the Services Director of Engineering Services and Director of Development Services determine that the proposed provisions for stormwater drainage are adequate within boundaries of the subdivision. Drainage improvements in the subdivision shall be coordinated with existing and planned drainage improvements elsewhere so as to form an integrated City system. The stormwater drainage system shall be separate and independent of the sanitary sewer system and shall meet the following design criteria:

      1.   Principal and minor arterial streets:

         (a)   Flow from a "10-year storm" shall not inundate the center twenty feet (20') of the pavement.

         (b)   Flow from a "50-year storm" shall be carried without damage to any building.

      2.   Collector streets:

         (a)   Flow from a "10-year storm" shall not inundate the center ten feet (10') of the pavement.

         (b)   Flow from a "50-year storm" shall be carried without damage to any building.

      3.   Local streets:

         (a)   Flow from a "10-year storm" shall not top the curb.

         (b)   Flow from a "50-year storm" shall be carried without damage to any building.

   (B)   Catch Basins Or Inlets: Catch basins or inlets, if required, shall be constructed so that the majority of surface water shall be intercepted before reaching the intersection, and not carried for a distance of more than four hundred feet (400') of the pavement.

   (C)   Accommodation Of Upstream Drainage Areas: A culvert or other drainage facility large enough to accommodate potential runoff from the entire drainage area upstream from the proposed subdivision shall be provided in accordance with the City's standard specifications. Potential runoff shall be determined on the basis of the maximum development of the upstream area that is permitted or to be permitted under the Comprehensive Plan.

   (D)   Areas Subject To Flooding: Whenever a plat is submitted for an area that is subject to flooding, the City Council may require appropriate protective measures, including the filling of the flood prone area to a level equal to the regulatory flood elevation, if any. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

In the development of any subdivision, the following erosion and sedimentation control regulation shall be observed:

   (A)   The developer shall protect the development site from soil erosion and shall protect downstream property from sedimentation deposits during the construction of the subdivision. Practices contained in "Procedures and Standards for Urban Soil Erosion and Sedimentation Control in Illinois" shall be employed in the preparation of an erosion and sedimentation control plan which shall be approved by the City Engineer prior to any earth disturbing activity taking place. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

The City Council may require the developer to dedicate (i.e., to transfer without compensation) to the City of East Moline or other appropriate governmental entity suitable parcel(s) of land within the subdivision for public purposes provided such facilities are otherwise required by this chapter. Any such dedicated area shall be shown on the final plat.

   (A)   Reservations For Public Use: Besides requiring the developer to dedicate parcels for public purposes, the City Council may require that he reserve land for parks, playgrounds, schools, or other public purposes in locations designated in the City's comprehensive plan. Since public acquisition of reserved land requires compensation, it is not essential that the need for such land be uniquely and specifically attributable to the subdivision 1 .

      1.   Adopted: There is hereby adopted an Official Map dated July 18, 1966, which shall be applicable to all land situated within the City, and shall also be applicable to contiguous territory within one and one-half (11/2) miles from the corporate limits of the City and not included within the corporate limits of any other municipality. The Official Map shall be filed in the Office of the City Clerk and is made part of this chapter by reference.

      2.   Planned Public Improvements To Be Shown On Map: The Official Map may show indication of sites for planned public facilities. Public facility sites which may be indicated on the Official Map may include but are not limited to: sites for new trafficways or widening of existing trafficways; school sites; recreational sites; public building sites; and sites for future storm drainage, electrical or other public service or utility easements.

      3.   Availability Of Sites For Planned Public Improvements:

         (a)   Whenever the Official Map indicates the necessity for providing a site for a planned public facility, the Council may require that the site for the public use be designated on the subdivision plat before granting approval to such plat; and, furthermore, that the site be held for that specific public use for a period of one year from the date of approval of the final plat. When such designation has been required, the Council shall notify the responsible public agency in writing of the designation within ten (10) days.

         (b)   Whenever a site for public use, shown on the Official Map, has been required to be indicated on a subdivision plat, the responsible agency having jurisdiction of such use shall acquire the land so designated by purchase or commence proceedings to acquire the land by condemnation within one year from date of final approval of the plat; and, if it does not do so within such period of one year, the land so designated may then be used by the owners in any other manner consistent with this chapter, this title, or any other provision of this Code or other ordinance of the City.

      4.   Amendments Or Additions To The Official Map: Amendments to the Official Map, including the indication of additional public sites to be shown on the map, shall be considered amendments to this chapter and therefore shall be as specified in this chapter for amendments to this chapter. Any public agency requesting the establishment of the Official Map of a future public site or easement which is not included in the Comprehensive Plan, shall indicate to the Plan Commission the need for the site in the particular location specified. The Plan Commission, before making a favorable recommendation for the inclusion on the Official Map of such site by the Council, shall find that this public site location is determined to be necessary to provide public service consistent with the Comprehensive Plan of the community and shall so indicate in its minutes. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

Prior to the submission of the initial plat, a pre-filing conference may be held between the developer and appropriate City staff. The developer shall present a concept sketch of the proposed development. City staff shall use a standardized checklist to review the proposed development for conformance to this chapter. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

Except as specifically provided below, every person who proposes to subdivide any land located within the subdivision jurisdiction of the City of East Moline shall file six (6) copies of the preliminary plat of said subdivision with the Director of Development Services at least three (3) weeks prior to a regularly scheduled meeting of the Planning Commission.

He shall also file one copy of the preliminary plat and supporting data with the appropriate Soil and Water Conservation District. Said district shall have not more than thirty (30) days to submit any comments it might wish to make to the Planning Commission 1 .

Whenever a large tract is to be developed in stages and only a portion of that tract is to be submitted for final plat approval, a preliminary plat of the entire tract shall be submitted.

All preliminary plats shall be reviewed and acted upon in accordance with 65 Illinois Compiled Statutes 5/11-12-8 and the provisions of the subsections below.

Exception: A preliminary plat shall not be required for minor subdivisions, or land that is specifically exempted from the Illinois Plats Act as now or hereafter amended 2 .

   (A)   Information Required: Every preliminary plat shall be prepared by a land surveyor registered in Illinois at a scale of one hundred feet (100') or less to the inch provided the resultant drawing does not exceed thirty six inches by twenty four inches (36" x 24"). Said preliminary plat, together with the supporting data, shall provide all of the following information:

      1.   Names and addresses of the owner, subdivider (if not owner), and registered land surveyor;

      2.   Proposed name of the subdivision and all adjoining subdivisions;

      3.   Zoning district classification of the tract to be subdivided and proposed setbacks;

      4.   North arrow, graphic scale, and date of map;

      5.   Dimensions of the tract, and its gross area;

      6.   Topography of the tract to be subdivided as indicated by two foot (2') contour data for land having slopes of zero percent to four percent (0% to 4%), five foot (5') contour data for land having slopes between four percent and twelve percent (4% and 12%), and ten foot (10') contour data for land having slopes of twelve percent (12%) or more;

      7.   Locations of such features as bodies of water, ponding areas, natural drainageways, railroads, cemeteries, bridges, parks, schools, buildings, areas subject to flooding, etc.;

      8.   Locations and right-of-way widths of all existing and proposed streets and alleys;

      9.   Locations, widths, and purposes of all existing and proposed easements;

      10.   All proposed deed restrictions and covenants;

      11.   Location and size of existing and proposed sanitary and storm sewers, water mains, and any appurtenances thereto;

      12.   Locations, types, and approximate sizes of all other existing and proposed utilities;

      13.   Locations, dimensions, and areas of all parcels to be reserved or dedicated for schools, parks/playgrounds, and other public purposes;

      14.   Locations, dimensions, and areas of all proposed or existing lots within the subdivision numbered sequentially;

      15.   For all contiguous holdings of the owner; including land owned by the same person, corporation, firm, entity, partnership, or unincorporated association or owned by different corporations, firms, partnerships, entities, or unincorporated associations in which a stockholder, partner, or associate, or a member of his family owns an interest in each corporation, firm, partnership, entity, or unincorporated association; with an indication of the portion proposed for subdivision: an affidavit of ownership, which shall include the dates the respective holdings of land were acquired, together with the book and page of each conveyance to the present owner as recorded in the County Recorder of Deeds' Office or other official records; the name and address and telephone number of the legal owner of the property, the subdivider, if different from the legal owner, the land surveyor and engineer, and the agents of any of these persons; the name, address and telephone number of the contract owner, if any, of the property and the date the contract of sale was executed; and, if any corporations are involved, a complete list of all directors, officers, and stockholders owning more than five percent (5%) of any class of stock of each corporation; and, if a trust is involved, a complete list of the names of the trustees, and the names and addresses and telephone numbers of all beneficiaries of the trust.

      16.   The location by township, range, section, or by other legal description;

      17.   A list of requested variances and justifications.

   (B)   Utility Company Notification: It is the subdivider's responsibility to notify the appropriate public utilities. Proof of notification shall be submitted with the preliminary plat to the City for City approval.

   (C)   Planning Commission Action: The Planning Commission shall either recommend approval, conditional approval, or disapproval of the application for the preliminary plat within ninety (90) days from the date of said application or the filing of the last item of required supporting data, whichever date is later, unless the Planning Commission and the subdivider mutually agree to extend this time limit 3 . If the Planning Commission recommends disapproval of the preliminary plat, they shall furnish to the applicant within the ninety (90) day period a written statement specifying the aspects in which the proposed plat fails to conform to this chapter and/or the Official Map. If the Planning Commission recommends approval of the preliminary plat, it shall promptly so inform the City Council.

   (D)   Appeals Process: If the preliminary plat is not approved, the Director of Development Services shall write "Not Approved" and the date of the Planning Commission's action on the prints, and shall transmit to the subdivider one print with a letter stating the reasons for the disapproval. The subdivider may transmit an amended plat to the Planning Commission for consideration.

If the subdivider is not satisfied with the decision of the Planning Commission on the preliminary plat, then the subdivider may appeal the decision to the City Council. An appeal must be made by letter addressed to the Mayor and City Council, stating the reasons for the appeal. Said letter must be received by the Director of Development Services no less than ten (10) days following the date of the Planning Commission's decision. The letter of appeal shall be placed on the next regular City Council meeting agenda after it is received by the Director of Development Services. The Director of Development Services shall also provide to the City Council the preliminary plat, the Planning Commission's meeting minutes pertaining to the plat, and the reports and recommendations made to the Planning Commission by the Director of Development Services. The City Council shall have thirty (30) days from the time the appeal is first placed on its agenda either to: reaffirm the Planning Commission's decision on the preliminary plat; to approve the preliminary plat as submitted by the subdivider; or to approve the preliminary plat with modifications.

   (E)   Action By The City Council: If the Planning Commission has recommended approval of a preliminary plat, the City Council, by resolution, shall either accept or reject said plat within thirty (30) days after their next regularly scheduled meeting following the Planning Commission's action. If the City Council rejects the preliminary plat, their resolution shall specify the aspects in which the plat fails to comply with this chapter. The City Clerk shall attach a certified copy of the Council's resolution of approval or disapproval to the preliminary plat. One copy of the resolution and plat shall be retained by the Clerk, one copy shall be filed with the Director of Development Services and one copy shall be given to the subdivider. City Council approval shall not qualify a preliminary plat for recording. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

After the City Council has approved the preliminary plat, but prior to submission of the final plat, the subdivider shall furnish four (4) copies of the plans and specifications for all improvements to be installed within or in conjunction with the proposed subdivision to the Director of Engineering Services review. These plans and specifications shall be signed and sealed by the registered professional engineer responsible for their preparation. Until the Director of Engineering Services certifies in writing that the proposed improvements conform to generally accepted engineering practices and to the standards imposed in this chapter: the building inspector shall not issue any permit to allow construction of said improvements; and the City Council shall not act upon the application for final plat approval.

   (A)   Information Required: Improvement plans shall consist of black or blue line prints not larger than thirty six inches by twenty four inches (36" x 24"). These plans and the related specifications shall provide all of the following information:

      1.   Topography of the tract, both before and after development at the same scale as required in the preliminary plat;

      2.   Existing and proposed elevations along the centerlines of all streets;

      3.   Radii of all curves and lengths of tangents on all streets;

      4.   Locations and typical cross-section of street pavements including curbs/gutters and catch basins;

      5.   Locations and typical cross-section of sidewalks and driveway aprons;

      6.   Locations, sizes, and invert elevations of all existing and proposed sanitary sewers, storm sewers, and fire hydrants, showing connections to any existing or proposed utility systems;

      7.   Locations and sizes of all water, gas, electric, and other utilities;

      8.   Locate area(s) for removal of trees six inches (6") or larger;

      9.   All proposed measures to control erosion and sedimentation;

      10.   High water elevations of all lakes/streams adjoining or within the tract;

      11.   Such other information as the Director of Development Services or Director of Engineering Services may reasonably require to perform their duties under this section.

   (B)   Inspections Required: The subdivider/developer shall notify the Director of Engineering Services of both the start and completion of construction of approved improvements.

      1.   The Director of Engineering Services shall inspect said improvements while they are under construction. If he determines that they are being built in violation of this chapter, he shall promptly notify the Administrator who, in turn, shall issue a stop order. All public improvements proposed to be made under the provisions of this chapter shall be inspected during the course of construction by the Director of Engineering Services or a duly designated deputy selected and retained by the subdivider and approved by the City. All fees and costs connected with such inspection and in reviewing the plan and specifications for such improvements shall be paid by the subdivider. The fees and cost shall be set at the prevailing rate.

      2.   In addition to the detailed requirements listed below, the inspector shall maintain a daily diary in a standard format acceptable to the Director of Engineering Services. Copies of the daily diary entries shall be provided to the Director of Engineering Services on a weekly basis during construction.

         (a)   Content: The daily entries shall include at least the following information:

            (1)   Weather conditions.

            (2)   Site conditions.

            (3)   Contractor's working hours.

            (4)   Inspector's hours on the site.

            (5)   An explanation of the actual work performed by the contractor that day.

            (6)   Specific information about material tests taken.

            (7)   Description of any problems.

         (b)   Purpose: The purpose of the diary is to provide backup information for the developer's engineer and the Director of Engineering Services to recommend acceptance of the improvements by the City Council and provide actual construction records of any problems that may develop.

         (c)   Format: The general format of the diary must be approved by the Director of Engineering Services before construction begins.

      3.   The inspector shall make and document the following inspections:

         (a)   Storm And Sanitary Sewer And Water And Main Improvements:

            (1)   Inspect all materials and document pertinent items such as pipe manufacturer, class and size.

            (2)   Reject any defective material and insure that it is not used on the job.

            (3)   Observe the actual pipe laying operation to insure that all joints are properly made, the pipes are true to line and grade, and the bedding and backfill are done according to the specifications.

            (4)   Document the depth and type of bedding, trench conditions, location of all service laterals, backfilling, and location of all utilities installed and encountered. Location measurements shall be of the accuracy and type required by the Director of Engineering Services.

            (5)   Observe and document all final acceptance testing required by the specifications.

         (b)   Street Improvements:

            (1)   Perform and document subgrade, subbase, base and embankment compaction tests.

            (2)   Inspect the alignment and condition of the paving forms.

               A. Check and document subgrade depth checks.

               B. Check and document the paving machine adjustments.

            (3)   Furnish the asphalt or PC concrete mix design to the Director of Engineering Services for approval prior to connecting paving operations.

            (4)   Inspect all concrete pours.

               A. Perform and document an appropriate number of air content and slump measurements.

               B. Cast compression cylinders or beams and document the results of the tests.

            (5)   Inspect the placement of all asphalts.

               A. Perform and record asphalt compaction tests.

               B. Perform at least one asphalt extraction test and one sieve analysis from an asphalt sample taken on the job site.

      4.   The Director of Engineering Services shall also inspect required improvements upon their completion. The City of East Moline shall not accept any improvement until the Municipal Engineer has certified that it complies with this chapter.

   (C)   Filing "As Built" Records: The improvements will not be recommended for acceptance until the following is provided for the Director of Engineering Services:

      1.   Copies of all daily diary entries.

      2.   Copies of all material test results.

      3.   Detailed reproducible cloth or polyester reproducible "as- built" improvements construction plans of all public improvements.

      4.   Certification by the developer's engineer that all construction was accomplished within reasonably close conformance to the plans and specifications, and that the "as-built" plans accurately reflect actual field conditions.

      5.   A labor and material payment and maintenance bond posted prior to construction by the contractor of a subdivider for the installation of all public improvements, using forms provided by the Director of Engineering Services.

      6.   Permanent easements or agreements granted to the City for all public improvements that are not constructed in dedicated right- of-way, using forms provided by the Director of Engineering Services.

      7.   Accurate triangular measurements for sewer and water laterals to permanent items, e.g., fire hydrants or manholes. The sewer and water services shall be marked with a four inch by four inch (4" x 4") marking, that stands five feet (5') or six feet (6') tall including a curb notch.

   (D)   Privately Developed And Operated Facilities: Where the subdivision is to contain sewers, sewage treatment plants, water supply systems, park areas, or other physical facilities which will not be maintained by existing public agencies, provision should be made by trust agreement, which is a part of the deed restrictions and which is acceptable to the proper public agencies, for jurisdiction over the continuous maintenance, supervision, operation and reconstruction of such facilities by the lot owners in the subdivision. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

   (A)   Final Plat Approval: The City Council shall not approve any final plat (and, hence, said final plat shall not be entitled to recording) until:

      1.   All improvements required in the approved improvements plan have been completed by the subdivider/developer at his expense, inspected by the Director of Engineering Services and dedicated to the City of East Moline or other appropriate entity; or,

      2.   In accordance with the subsections below, the subdivider/developer has provided the City of East Moline with legal assurance to guarantee the satisfactory completion and dedication of all required improvements; or

      3.   Necessary title assurances have been given.

   (B)   Forms Of Assurance: The required legal assurance may be a performance bond, an escrow deposit or a letter of credit. Every performance bond shall be approved as to form by the City Attorney, and posted with the City Clerk. Any funds held in escrow shall be deposited with an approved escrow agent.

   (C)   Amount Of Bond Or Deposit: The amount of the legal assurance shall be equal to the Director of Engineering Services' estimate of the costs of constructing the uncompleted portion of the required improvements plus all required inspections fees. Any escrow deposit may be in the form of:

      1.   An irrevocable letter of credit or commitment from a lending institution guaranteeing to the City of East Moline the availability of the escrow funds from time to time upon demand; or

      2.   Interest bearing accounts with a financial institution authorized to serve as an escrow agent.

   (D)   Eligible Sureties: No person shall be eligible to act as surety unless he has been approved by the State of Illinois to act as a surety on public works improvements.

   (E)   Term Of Assurance, Extension: The initial term of any performance bond or escrow agreement shall not exceed two (2) years. If all the required improvements have not been completed by the end of the two-year period, the City Clerk, with the advice and consent of the City Council may extend said bond/escrow agreement for one year only.

   (F)   Release Of Bond/Escrow Deposit:

      1.   The City Clerk may release up to ninety percent (90%) of the amount of the performance bond/escrow deposit upon receipt of written authorization from the Municipal Engineer. The amount which the Municipal Engineer authorizes to be released shall be equal to the value of improvements actually completed in accordance with approved plans.

      2.   The balance of the amount of the performance bond/escrow deposit shall not be released until:

         (a)   The Municipal Engineer has certified to the City Clerk in writing that all required improvements have been satisfactorily completed; and

         (b)   Said improvements and corresponding right-of-way have been accepted by and dedicated to the City of East Moline or other appropriate entity.

   (G)   Failure To Complete Improvements: If all the required improvements have not been completed by the end of the two-year period (or three-year period, in the case of an extension), the Director of Development Services, with the assistance of the City Attorney, may:

      1.   Require the surety to perform on the bond, and to pay to the City of East Moline an equal amount to the cost of completing the required improvements (as estimated by the Director of Engineering Services) or the amount of the bond not theretofore released, whichever is less; or

      2.   Order the escrow agent to retain all escrowed funds needed to complete the required improvements, and to return the balance (if any) of such funds to the subdivider/developer. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

The Rock Island County Recorder of Deeds shall not record any final plat of a subdivision located within the subdivision jurisdiction of the City of East Moline until said final plat has been approved by the City Council. The City Council shall not approve any final plat unless they determine that it is in compliance with all pertinent requirements of this chapter including those set forth in the subsections below.

   (A)   Filing, Time Limits: The subdivider of every subdivision, who desires final plat approval shall file six (6) black or blue line prints of the final plat and supporting data with the Director of Development Services not later than one year after preliminary plat approval has been granted.

   (B)   Information Required: Every final plat shall be prepared by a land surveyor authorized to practice land surveying in the State of Illinois on new linen tracing cloth- or polyester-based film with waterproof black ink at a scale not greater than one hundred feet equals one inch (100' = 1"), provided that the resultant drawing shall not be less than eight and one-half inch by fourteen inches (81/2" x 14") and shall not exceed twenty four inches by thirty six inches (24" x 36") square. The final plat and supporting data shall portray/provide all of the following information:

      1.   North arrow, graphic scale, and data;

      2.   Name of subdivider and subdivision;

      3.   Accurate metes and bounds or other adequate legal description of the tract tied to section or one-fourth (1/4) section corner;

      4.   Accurate boundary lines, with dimensions and bearings or angles which provide a survey of the tract, closing with an error of closure of not more than one foot in fifteen thousand feet (1' in 15,000') and provide a copy of the closure calculations;

      5.   Reference to recorded plats of adjoining platted land by record name, plat book and page number;

      6.   Accurate locations of all existing streets intersecting the boundaries of the subdivision;

      7.   Right-of-way lines of all streets, other rights-of-way, easements, areas to be reserved, and lot lines with accurate dimensions, angles, or bearings and curve data, including radii, arcs or chords, points of tangency, central angles and accompanying legal descriptions;

      8.   Name and right-of-way width of every proposed street;

      9.   Location, width and purpose of any existing or proposed easement;

      10.   Number of each lot, lot dimensions and (in a separate list) lot areas;

      11.   Purpose(s) for which sites, other than private lots, are reserved;

      12.   Building or setback lines with accurate dimensions;

      13.   Restrictions of all types which will run with the land and become covenants in the deeds of lots;

      14.   The names of all legal owners and other parties with an interest, whether recorded or not, in the property being subdivided, together with formal irrevocable offers of dedication to the public of all streets, local government uses, utilities, parks, and easements, signed by all parties of interest or their authorized agents, in a form approved by the City Attorney, if the plat is proposed for final approval without improvements in place and accepted with a deed of dedication to the public in fee simple absolute unless otherwise called for on the plat of such lands; and with a commitment for title insurance policy or title opinion from a licensed attorney showing that those signing the plat are necessary and sufficient to create the subdivision and, prior to signing the plat, a title policy for the local government in the sum of ten thousand dollars ($10,000.00) for any lands or interests to be dedicated to the public; and

      15.   Monument identification.

   (C)   Modifications And Exceptions: If the final plat is under one ownership and is no more than five (5) lots, no formal commission approval is needed and the plans can go directly to the City Council unless there are new streets, other public improvements, or easements of egress or ingress.

   (D)   Certificates Required: As required by State law 1 , the following certificates shall be executed on the final plat:

      1.   Owner's Certificate: The following is an example of the owner's certificate:

             (Seal)

             (Seal)

      2.   Irrevocable Offers Of Dedication Forms:

         (a)   The following form shall be placed upon a final plat of a subdivision whenever said plat is approved upon submission of a subdivider's bond or escrow agreement as provided for in section 10-31-4.4 of this section 10-31-4:

         By      

         (b)   The following form shall accompany any final plat set forth in subsection (D)1 of this section and shall be presented for recording simultaneously with any such plat, but shall be recorded immediately prior to the recording of the plat.

           OFFER OF IRREVOCABLE DEDICATION

         CITY OF    

      (Seal)

         City Clerk

      Approved as to Form:

      Attest:             

      3.   Notary Public's Certificate:

   State of Illinois    )

   Given under my hand and Notarial Seal this          day of                , 19        .

      4.   Surveyor's Certificate: The following surveyor's certificate shall accompany or be placed on the final plat:

   State of Illinois    )

      5.   County Clerk's Certificate:

      6.   Certificate Of City Council:

         Attest:      

      7.   City Clerk's Certificate: The following form shall be used for certification by the City Clerk:

      8.   Certificate To Approve Subdivisions Of Five Lots Or Less: The following form shall be used for the approval of subdivisions of five (5) lots or less by the ACO's                        in accordance with subsection (C) of this section.

      9.   Roadway Access And Sewage Disposal Systems:

         (a)   The following form shall be required on the face of the plat where roadway access is to a highway under the jurisdiction of the Illinois Department of Transportation or another relevant local highway authority.

         (b)   The following form shall be required on the face of the plat where any part of the platted land will not be served by a public sewer system.

      10.   Required Disclosures To Be On Face Of Final Plat: The following disclosures are to be placed on the face of the final plat:

         (a)   Either of the following, depending upon which is the most appropriate, shall be placed upon the face of the final plat by a registered professional engineer and the owner or his duly authorized attorney:

   (seal)

   (seal)

         (b)   In addition to one of the above, the owner or subdivider shall disclose on the face of said subdivision final plat the following if a bond or escrow agreement is provided:

         (c)   Also, any disclosure required by State or Federal Statute shall be displayed upon said plat.

   (E)   Action By City Council: The City Council shall either approve or disapprove the application for final plat approval by resolution within sixty (60) days from the date of said application or the filing of the last item of required supporting data, whichever date is later, unless the City Council and the subdivider mutually agree to extend this time limit 2 . The City Council shall not approve any final plat unless:

      1.   The final plat substantially conforms to the approved preliminary plat if required; and

      2.   The final plat manifests substantial compliance with the design and improvements standards of this chapter and the Official Map; and

      3.   To the City Council's knowledge and belief, the final plat complies with all pertinent statutory requirements; and

      4.   Either of the following has been met:

         (a)   All required improvements have been completed, inspected, accepted, and dedicated; or

         (b)   The subdivider/developer has posted an acceptable form of assurance as stated in subsection 10-31-4.4(A) of this section 10-31-4.

If the City Council disapproves the final plat, their resolution shall specify the aspects in which the plat fails to meet the above conditions for approval. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

The subdivider/developer shall provide all the improvements in the subdivision for a period of one year and provide a one year maintenance bond prior to acceptance and dedication to the City of East Moline or other appropriate entity. Said bond shall be in the amount determined by the ACO to be sufficient to guarantee the satisfactory condition of the required improvements for a period of one year from the date of their acceptance and dedication. If at any time during the one-year period the improvements are found to be defective, they shall be repaired/replaced at the subdivider/developer's expense. If the subdivider/developer refuses to pay such costs within ninety (90) days after demand is made upon him by the ACO, the City of East Moline shall use the maintenance bond to make the necessary repairs/replacement. If the cost of repairs/replacement exceeds the bond amount, the subdivider/developer shall be liable for the excess. At the end of the one-year period, the maintenance bond shall be released. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

The Director of Development Services, referred to herein as the Administrator, is hereby authorized and directed to administer and enforce the provisions of this chapter. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

Amendments to this chapter may be proposed by any member of the City Council, any Planning Commission member, or any party in interest. Every amendment proposal shall be filed on a prescribed form in the Administrator's Office. The Director of Development Services shall promptly transmit each proposal, together with any comments or recommendations he may wish to make, to the City Planning Commission for a public hearing.

   (A)   Public Hearing, Notice: The Planning Commission shall hold a public hearing on every amendment proposal within a reasonable time after said proposal is submitted to them. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed amendment shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing by publication in a newspaper of general circulation within the City of East Moline.

   (B)   Advisory Report, Action By City Council: Within a reasonable time after the public hearing, the Planning Commission shall submit an advisory report to the City Council. The City Council shall act on the proposed amendment at a regularly scheduled meeting following submission of this report. Without another public hearing, the City Council may either pass, modify or reject the proposed amendment or may refer it back to the Planning Commission for further consideration. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

   (A)   Any person who is convicted of a violation of this chapter shall be guilty of a petty offense and shall be fined not more than five hundred dollars ($500.00). Each day that a violation continues shall be considered a separate offense.

   (B)   Nothing contained in this section shall prevent this Municipality from taking any other lawful action that may be necessary to secure compliance with this chapter. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

All ordinances or parts of ordinances in conflict herewith, are to the extent of such conflict hereby repealed. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

If any section, subsection, sentence, clause, phrase, or word of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have adopted the chapter and each section, subsection, sentence, clause, phrase, or word thereof without incorporation in this chapter of any such invalid section, subsection, clause, phrase or word. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

This chapter shall be in full force and effect from and after passage, approval, and, if required by law, publication in the manner provided by law. (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)

This chapter shall take effect ten (10) days after its final passage, approval, and publication as provided by law 1 . (Ord. 91-2, 1-21-1991; amd. Ord. 18-08, 6-3-2019)