These regulations shall hereafter be known, cited and referred to as the Subdivision Ordinance of the City of Galena, Illinois.

(Ord. O-93-01, passed 1-25-93)

   (A)   These regulations are adopted in order to establish the requirements and standards regulating the subdivision and platting of land within the corporate limits and plat approval jurisdiction of the City of Galena, for the promotion of the public health, safety, comfort, morals, sustainability and welfare of the community.

   (B)   The intent of these regulations is to provide for the orderly and harmonious development of the city and the surrounding areas and to encourage sustainable design and development within the city’s planning jurisdiction.

(Ord. O-93-01, passed 1-25-93; Am. Ord. O-12-10, passed 4-9-12)

   The following is declared to be the policy of the city concerning the subdivision of land.

   (A)   (1) Whenever the owner of land subdivides or plats any land within the planning jurisdiction of the city, said land shall be surveyed and a plat made thereof by a professional land surveyor containing information required hereinafter; all such plats shall be submitted to the city pursuant to the provisions of this chapter. No lot or tract of land shall be divided or redivided or in any manner utilized for the purpose of erecting more than one principal building or use on such lot or tract of land without subdividing in accordance with this chapter or by submitting same as a planned unit development as provided by Chapter 154 of this code. No plat of any subdivision shall be valid nor entitled to record unless and until the same has been approved by the City Council, and no such plat shall be approved without compliance with the standards and improvements required as hereinafter set forth.

      (2)   The requirements of the remainder of this chapter shall not apply to. those exceptions outlined in § 153.61 of this chapter, which shall be governed only by the requirements of that section.

   (B)   The subdivision of land and the subsequent development of the subdivided plat are subject to the control of the city pursuant to the official Comprehensive Plan of the city for the orderly, planned, efficient and economical development of the city.

   (C)   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 proper provisions have been made for drainage, water, sewerage and capital improvements such as parks, recreation facilities, transportation facilities, natural areas and open space, and related improvements.

   (D)   The City Council, upon recommendation of the Planning Department, may waive the requirements set forth herein in cases where the subdivision lies within the one and one-half (1½) mile extraterritorial jurisdiction but will have little effect on the future expansion of the city. In this case, the Subdivision Ordinance of Jo Daviess County shall still apply.

(Ord. O-93-01, passed 1-25-93)

   These regulations shall be applicable to all subdivisions of land within the corporate limits of the city and unincorporated land within one and one-half (1½) miles of the corporate limits of the city as provided by ILCS Chapters 65 and 765. The provisions of this chapter are hereby adopted as part of the Comprehensive Plan of the city.

(Ord. O-93-01, passed 1-25-93)

   The provisions of these regulations shall supplement any and all laws of the United States of America, State of Illinois, ordinances of the City of Galena, applicable ordinances of Jo Daviess County, or any and all, rules and regulations promulgated by authority of such law or ordinance relating to the purpose and scope of these regulations. Whenever the requirements of these regulations are not in correlation with the requirements of any other lawfully adopted rules, regulations, ordinances or resolutions, the most restrictive or that imposing the higher standard shall govern.

(Ord. O-93-01, passed 1-25-93)

   These regulations may be amended in accordance with the procedures defined below.

   (A)   Application for amendment. The City Council or city staff or any private petitioner may apply for an amendment to the text of this chapter.

   (B)   Fee required. Any petition for an amendment by a private petitioner shall be accompanied by a filing fee as established by the City Council which fee shall be deposited with the City Clerk, and no part of the fee shall be refundable.

   (C)   Public hearing. A public hearing must be held before the City Council. Public notice shall be provided in a local newspaper of general circulation not greater than 30 days, nor less than 15 days, before the public hearing. At the public hearing, all testimony shall be based in fact and shall be by sworn oath. The Council maintains the right to limit testimony to those facts relevant to the proposed amendment.

   (D)   Final decision. The City Council, after the conclusion of the public hearing(s), may adopt or deny the proposed amendment. No application, however, which has been denied by the City Council shall be resubmitted for a period of one year from the date of said denial, except on grounds of new evidence or proof of changed conditions found to be valid by the Zoning Administrator.

(Ord. O-93-01, passed 1-25-93)

   If any part or provision of these regulations or application thereof to any person or circumstances is judged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in all controversy in which such judgment shall have been rendered and shall not effect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of these regulations even without any such part, provision or application.

(Ord. O-93-01, passed 1-25-93)

   (A)   In general. SHALL is mandatory; MAY is permissive; pronouns of male gender refer to either male or female. Definitions not listed shall be the standard dictionary definitions.

   (B)   Specific definitions.

   FOOT-CANDLE. A unit of measure for luminance. A unit of luminance on a surface that is everywhere one foot from a uniform point source of light of one candle and equal to one lumen per square foot. A foot-candle (fc) is the amount of light falling on a surface one foot square in area from a standard candle one foot away.

   FULL CUT-OFF TYPE FIXTURE. A luminaire or light fixture that by design of the housing does not allow any light dispersion or direct glare to shine above a 90-degree horizontal plane from the base of the fixture.

   LUMEN. The basic unit of measurement for light. A dinner candle puts out about 12 lumens, while a 600-watt soft white bulb produces 855 lumens.

   LUMENS PER WATT. The measurement of how efficient a lighting source is.

   LUMINAIRE. The entire lighting unit: lamp, ballast, reflectors and power source.

   LUMINANCE. The luminance is the intensity of any surface in a given direction per unit of surface. Luminance is also sometimes used to describe the reflective nature of a surface.

   WATER MAINS. Pipes which provide potable water to a development from a common water supply.

(Ord. O-93-01, passed 1-25-93; Am. Ord. O-02-35, passed 12-23-02)

   (A)   It shall be the duty of the Zoning Administrator to enforce these regulations and to bring to the attention of the City Attorney any violations or lack of compliance herewith.

   (B)   No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell any such parcel before a final plat of such subdivision has been approved by the City Council and signed by the Mayor, in accordance with the provisions of these regulations, and filed with the County Recorder of Deeds.

   (C)   The subdivision of any lot or any parcel of land, by the use of metes and bounds description for the purpose of sale, transfer or lease with the intent of evading these regulations, shall not be permitted. All such described subdivisions shall be subject to all of the requirements contained in these regulations.

   (D)   No building or zoning permit shall be issued for the construction of any building or structure located on a lot or plat subdivided or sold in violation of the provisions of these regulations.

(Ord. O-93-01, passed 1-25-93) Penalty, see § 153.99

   Whenever any subdivision of land is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision shall be granted, the subdividing owner, or his authorized agent, shall apply for and secure approval of such proposed subdivision in accordance with the procedure set forth in this subchapter.

(Ord. O-93-01, passed 1-25-93)

   Before making application for subdivision approval, the applicant may meet with the Planning Department to discuss the requirements of these regulations, including but not limited to procedure for plat approval, zoning, general layout of streets, land dedications, street improvements, drainage, sewerage, fire protection, availability of existing services and similar matters which may assist the applicant in preparing the sketch plat. The Planning Department shall also advise the applicant, where appropriate, to discuss the proposed subdivision with other officials who may eventually approve aspects of the subdivision plat coming within the jurisdiction of those officials.

(Ord. O-93-01, passed 1-25-93)

   (A)   Application procedure and requirements for sketch plat. Prior to subdividing land, an owner of the land, or his representative, may file an application with the Zoning Administrator for approval of a sketch plat. The application shall be on forms provided by the Planning Department and shall include the following:

      (1)   A signed affidavit stating the legal owner(s) of the property, including all beneficiaries, if the property is in a land trust, and a copy of any contractual agreements between the applicant and the owner; and

      (2)   A minimum of five copies of the sketch plat as described in division (C) of this section.

   (B)   Classification. Upon submission of the sketch plat and application, the Planning Department shall determine, as per the definitions in § 153.08, whether the proposed subdivision shall be classified a residential subdivision, a commercial subdivision, or an industrial subdivision; and therefore meet the requirements of such.

   (C)   Content requirements of the sketch plat. Sketch plats submitted to the Zoning Administrator for sketch plat approval shall be drawn to a standard engineering scale of not more than 100 feet to the inch (1" = 100'), and shall include the following information:

      (1)   The proposed name of the subdivision, or the name of the property owner if no subdivision name has been chosen;

      (2)   The name, address and telephone number of the legal or beneficial interest owner or agent of the property, and a copy of the last instrument conveying title to each parcel of property involved in the proposed subdivision;

      (3)   A list of any existing legal rights-of-way and easements affecting the property;

      (4)   Any existing covenants on the property;

      (5)   Names, addresses and telephone numbers of any professional engineers or surveyors responsible for any aspect of the design or layout of the proposed subdivision;

      (6)   Written description of the property, including location by lot, section, township, range and county; date; and names of adjoining property owners within 250 feet of any perimeter boundary of the proposed subdivision;

      (7)   Graphic presentation of location of property lines; existing easements; rights-of-way; wooded areas or trees eight inches or more in diameter measured four feet above ground level; location, width, and names of all platted streets or other public ways, both existing or proposed, within or immediately adjacent to the property;

      (8)   Graphic presentation of location of existing and proposed sewers or alternative methods of providing for sanitary waste treatment and disposal; water mains or alternative methods of providing water supply; culverts and other underground structures within or immediately adjacent to the property; and preliminary provisions for collecting and discharging surface water drainage;

      (9)   Graphic presentation of the approximate location, dimensions and areas of all existing and proposed lots, including all parcels of land proposed to be set aside for park or other public use; written description of the proposed use of each lot;

      (10)    Existing and approximate proposed topography of the property, in not greater than ten foot increments; and a study of the proposed topography and how the flow of storm water will be changed as a result of the proposed changes in topography;

      (11)    If the sketch plat only covers a portion of the contiguous property holdings of the applicant, the applicant shall include a sketch of the entire contiguous property holdings, including the proposed subdivision area with the proposed street and drainage systems, and an indication of the probable future street and drainage systems of the remainder of the property. This sketch must be made with a scale of not more than 200 feet to the inch (1" = 200'), if feasible, or an appropriate scale to fit the sketch on a sheet of reasonable size.

   (D)   Review and approval of sketch plat. Following submission of the sketch plat and application, the Planning Department shall review the sketch plat to assure compliance with these and other applicable ordinances and regulations of the city and/or other governing bodies. The Planning Department shall work with the applicant to make required changes or additions to the sketch plat as needed. Following satisfactory approval of the sketch plat by the Planning Department, the applicant shall be authorized to prepare and submit a preliminary plat. Any conditions on the sketch plat which could not be resolved without a variance or otherwise approved by the City Council, shall be noted on the preliminary plat for appropriate action.

(Ord. O-93-01, passed 1-25-93)

   (A)   Application procedure and requirements.

      (1)   Based upon the approval of the Planning Department of the sketch plat, the applicant shall file an application for approval of a preliminary plat. The application shall be made on forms provided by the Planning Department, and shall include the following:

         (a)   A check made out to the city for an amount of the preliminary plat application fee, as determined by the City Council;

         (b)   A minimum of 12 copies of the preliminary plat as described in these regulations; and

         (c)   A minimum of 12 copies of the site plans described in these regulations.

      (2)   Additionally, the preliminary plat must comply in all aspects with the approved sketch plat, including all specific conditions which require City Council approval, and the preliminary plat must be presented to the Planning Department at least four weeks prior to the meeting of the Zoning Board or City Council at which subdivision consideration is desired. Within three working days of the receipt of a complete application, the Planning Department shall notify, in writing, by certified mail, return receipt requested, or served in person, the president of the school board of each district in which the proposed subdivision is located. The notice shall state that a plat has been submitted for approval and shall give the date, time and place of the hearing for consideration of the plat. Additionally, the State Department of Transportation, the appropriate local highway authority, the supervisor of each township in which the proposed subdivision is located, the County Clerk and the County Health Department shall be notified that a plat has been submitted for approval and shall give the other information outlined above.

   (B)   Preliminary plat requirements.

      (1)    The preliminary plat shall be prepared by a professional land surveyor at a standard engineering scale of not more that 100 feet per inch, and shall be of such size as is acceptable for filing in the office of the Recorder of Deeds, but shall be no smaller than eight and one-half by fourteen inches (8½" x 14"), or no larger than thirty by thirty-six inches (30" x 36"). If accepted by the City Council without changes, the preliminary plat documents may also serve as part of the final plat documents. The preliminary plat must include all the requirements of the sketch plat, and in addition shall be accurately drawn to scale, and also must include the following information:

         (a)   The location, names and dimensions of all existing and proposed streets and easements, alleys and other public ways; the locations and dimensions of all streams, rivers, wetlands and other water bodies; the location and dimensions of all other existing buildings, parks, drainage ditches and other pertinent features;

         (b)   The locations, dimensions and areas of all existing and proposed lots;

         (c)   The locations and dimensions of all property proposed to be set aside for public use, with designation of the purpose and conditions of the dedication.

         (d)   The date, true north point, scale, and proposed name of the subdivision;

         (e)   Indication of the use of each lot in the subdivision;

         (f)   Sufficient data acceptable to the Engineering Department to determine the location, bearing, and length of all lines, and to reproduce such lines upon the ground, including the locations of all monuments;

         (g)   Additional specifications and requirements as deemed necessary and specified by the City Council or the Planning Department.

      (2)   The lack of information required above, or the provision of improper information on the part of the subdivider, may cause disapproval of the preliminary plat as provided for in § 153.30 of this chapter.

   (C)   Site plan requirements. Site plans shall be prepared for all required improvements. Plans shall be drawn at the same scale as the preliminary plat, and plan sheets shall be of the same size as the preliminary plat. The site plans shall include the following information:

      (1)   Plans showing locations and slopes of all existing and proposed streets;

      (2)   Plans and profiles showing the locations and typical cross sections of street pavements including proposed locations and cross sections of curbs and gutters, sidewalks, drainage easements, rights-of-way, manholes and catch basins; the proposed method of sewage waste disposal; the proposed locations of street trees, street lighting standards, and street signs; the locations of existing and proposed sanitary sewers and storm water drains; the locations of all fire hydrants, showing connection to any existing or proposed utility systems; and proposed location and size of all underground utilities or structures;

      (3)   Location, size, elevation and other appropriate descriptions of any existing amenities, water bodies or streams, railroads, buildings, trees of eight-inch diameter or larger measured four feet above the ground, the point of connection to proposed facilities and utilities within the subdivision, and any features noted in the Comprehensive Plan;

      (4)   Existing and proposed topography, with a contour interval of two feet, showing all excavation to be performed and all on-site drainage control measures, and a study of the effects of the proposed excavations on the flow of storm water.

      (5)   All other standards and specifications required by the city in regard to construction;

      (6)   Natural Resources Report from the County Soil and Water Conservation District; Endangered Species Report from the State Department of Conservation, and reports from other authorities as required by the Planning Department.

      (7)   Additional specifications and requirements as deemed necessary by the City Council or the Planning Department.

   (D)   Staff review.

      (1)   Following preliminary plat application, the Planning Department and other appropriate officials of the city shall review the preliminary plat application for completeness and compliance with the requirements set forth in this chapter and in the sketch plat review. In the case of any deficiency on the part of the application, the Planning Department shall inform the applicant in writing which sets forth specific aspects of the proposal which do not comply with the subdivision regulations set forth by the city. If the applicant does not correct the deficiencies outlined by the Planning Department in time for City Council or Zoning Board review at the desired meeting, the staff may hold over the application until such a time as when the deficiencies have been corrected. The Planning Department shall, within 90 days from the date of submission of the last item of required supporting data, make a recommendation to the City Council.

      (2)   In cases of proposed subdivisions which will have a substantial effect on the orderly development of the city, or which are not in accordance with the provisions of the Comprehensive Plan, the Planning Department reserves the right to refer the preliminary plat to the Planning Commission for comment before action by the Zoning Board or City Council.

   (E)   Public hearing.

      (1)   If zoning action is necessary, the Zoning Board shall hold a public hearing and provide public notice on the preliminary plat at the same time and place as the public hearing for the zoning action. The Zoning Board shall review and hear all public testimony regarding the zoning action, preliminary plat and site plans, and make a recommendation to the City Council to approve, approve with conditions, or deny the preliminary plat. Then the preliminary plat approval process shall move to the City Council for action in the same manner as the zoning application.

      (2)   If no zoning action is necessary, the City Council shall hold a public hearing and provide public notice on the preliminary plat in the same manner as a zoning application, except that the public hearing shall be held by the City Council.

      (3)   The City Council shall review and hear all public testimony regarding the preliminary plat and site plans and move to action at the next City Council meeting.

   (F)   City Council review and approval.

      (1)   Following review and recommendation by the Zoning Board, or review of the public hearing held by the City Council, the City Council shall, within 30 days of the Zoning Board action or a public hearing before the Council, review the preliminary plat and site plans. The City Council shall advise the applicant of any changes and/or additions to the preliminary plat and construction plans necessary for approval. The City Council shall then, without further public hearing, approve, approve with conditions or deny the preliminary plat. Approval of the application shall authorize the applicant to prepare and submit the final subdivision plat with corrections and conditions, if any, required for preliminary plat approval. If the preliminary subdivision is denied, the City Council shall state specific reasons for denial, and the applicant shall be provided 60 days to re-submit a revised application without paying additional fees. In no way is preliminary subdivision approval to serve as final subdivision approval.

      (2)   Upon Planning Department recommendation, the Council may request to hold public hearings involving commercial, industrial, mixed-use, and major subdivision applications jointly with the Zoning Board of Appeals.

(Ord. O-93-01, passed 1-25-93)

   (A)   Application procedure and requirements.

      (1)    Following approval of the preliminary plat, the applicant, if he wishes to proceed with the subdivision, shall file with the Planning Department an application for final approval of a subdivision plat. The applicant must apply for final subdivision approval within one year of the date of preliminary subdivision approval. The application shall be made on forms provided by the Zoning Administrator, and shall include the following:

         (a)   A check made out to the city for an amount of the final subdivision plat application fee, as determined by the City Council.

         (b)   A minimum of 15 copies and one mylar of the final plat as described in these regulations.

         (c)   A minimum of 15 copies and one mylar of the site plans described in these regulations.

         (d)   A statement indicating the formal offer of dedication, including a full covenant and warranty deed to all such lands in proper form for recording, together with a title insurance policy for the local government in a sum which shall be determined by the City Attorney.

         (e)   Endorsement of other authorities. The final subdivision plat shall include a statement of endorsement by the County Department of Public Health with respect to all sewer and water facilities and that the same comply with all rules, regulations, and requirements of the local governmental bodies, state, and national authorities. Additionally, the plat shall include statements from appropriate county and township authorities that the plat complies with the requirements of that authority, and is approved for recording as provided for herein. The plat must also be signed by any other applicable agencies exercising jurisdiction, such as FEMA, HUD, IDOT, County Soil and Water District, or other authorities.

      (2)   Additionally, the final plat must comply in all aspects to the preliminary plat, including all changes and conditions necessary for City Council approval.

   (B)   Final plat document requirements. The final subdivision plat shall be presented in India ink on tracing cloth or reproducible mylar at the same scale and contain the same information, except any changes or additions required by the City Council, as shown on the preliminary plat. The preliminary plat documents may be used as part of the final subdivision plat documents if those documents meet the requirements provided herein, and are revised in accordance with City Council requirements. All revisions should be completed by the professional land surveyor who prepared the original documents, and all revision dates must be shown as well as the following:

      (1)   Notation of any self-imposed restrictions, and restrictive covenants to be filed with the final subdivision plat.

      (2)   Endorsement of the County Department of Public Health, appropriate township and county authorities, and appropriate utility companies, as provided for above.

      (3)   Lots, parcels and blocks numbered by consecutive progressive numbers.

      (4)   All monuments erected, corners, and other points established in the field in their proper places. The material of which the monuments, corners, or other points are made shall be noted at the representation thereof or by legend. The legend for metal monuments shall indicate the kind of metal, the diameter and length of the monuments.

      (5)   A final plat showing the final dimensions and layout of all lots, streets, and other information, and shall be stamped and signed by a professional land surveyor registered by the state.

      (6)   A full set of site plans, stamped and signed by an engineer registered by the state, setting forth the proposed final engineering and design of all infrastructure and streets and roads proposed to be installed by the developer; the final topography of the site, shown to two foot contours; and any other final site information as may be required by the City Engineer or Zoning Administrator.

   (C)   Staff review. Following final plat application, the Planning Department and other appropriate officials of the city shall review the final plat application for completeness and compliance with the requirements set forth by the City Council. In the case of any deficiency on the part of the application, the Planning Department shall inform the applicant in writing. If the applicant does not correct the deficiencies outlined by the Planning Department in time for City Council review at the desired meeting, the staff may hold over the application until such a time as when the deficiencies have been corrected.

   (D)   City Council review and approval. The City Council shall review the final subdivision plat application within 60 days of the official submission of the final subdivision plat application, or the last required plat documents, whichever is later. The City Council, without further public hearing, shall approve or deny the final subdivision plat. Upon approval of the application, the plat should be signed and recorded according to the procedure set forth in this section.

   (E)   Performance guarantee. Before the final plat is signed and recorded, the City Council shall require the applicant to post a bond, place cash in an escrow account, or otherwise prove financial ability to complete the project as proposed to the satisfaction of the City Council and according to the following requirements:

      (1)   The performance guarantee shall be of a necessary amount, as determined by the City Engineer, to assure the completion of the required street, sanitary and lot improvements to the satisfaction of the City Engineer. The performance guarantee shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency and manner of execution.

      (2)   If a bond is posted, the bond shall be held until all of the required public improvements are completed to the satisfaction of the City Engineer. At that time, the bond shall be reduced to an amount determined by the City Engineer to be sufficient to guarantee the satisfactory installation of the remaining lot improvements and the maintenance of the required public improvements until the dedications of the public improvements have been officially accepted.

      (3)   Upon satisfactory completion of the required lot improvements as determined by the City Engineer and the Zoning Administrator, and upon acceptance of the dedications set forth in the final plat, the required bond or escrow account shall be fully released by signature of the Mayor and attested by the City Clerk.

   (F)   Signing and recording of plat. The following shall be the required procedure for the official signing and recording of the final plat:

      (1)   The Mayor, City Clerk, Zoning Administrator and City Engineer shall endorse approval of the final plat upon satisfactory posting of the required bond and satisfactory completion of the conditions of the resolution approving the final plat.

      (2)   It shall be the responsibility of the surveyor to file the approved final subdivision plat with the County Recorder of Deeds office within 30 days of the date of signature. Any agreements of dedication and any other documents as may be required by the City Attorney shall be filed simultaneously with the final plat.

   (G)   Sectionalizing major subdivision plats. Prior to granting final approval of a major subdivision plat, the City Council may permit the plat to be divided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. The City Council may require that the performance bond be in such amount as is commensurate with the section or sections of the plat to be filed and may defer the remaining required performance bond principal amount until the remaining sections of the plat are offered for filing. The developer may also file irrevocable offers to dedicate streets and public improvements in the sections offered to be filed and defer filing offers of dedication for the remaining sections until such sections, subject to any conditions imposed by the City Council, shall be granted concurrently with final approval of the plat. In the event of approval of sectionalizing, the entire approved subdivision plat including all sections shall be filed within 90 days after the date of final approval with the City Clerk and such sections as have been authorized by the City Council shall be filed with the County Recorder of Deeds. Such sections shall contain at least 10% of the total number of lots contained in the approved plat. The approval of all remaining sections not filed with the County Recorder of Deeds shall automatically expire unless such sections have been approved for filing by the City Council, all fees paid, all instruments and offers of dedication submitted and performance bonds approved and actually filed with the Recorder of Deeds within three years of the date of the original final subdivision approval of the subdivision plat.

(Ord. O-93-01, passed 1-25-93)

   The City Council may deny final approval of any subdivision application for any of the following reasons, or any combination thereof:

   (A)   Failure of applicant to comply with the regulations and provisions of this chapter or any other applicable ordinance(s) of the city;

   (B)   Failure of the applicant to prepare a final plat which complies in all aspects to the approved preliminary plat;

   (C)   Failure to obtain approval or positive recommendation(s) from other authorities;

   (D)   Failure to comply with the adopted Comprehensive Plan or other city planning documents;

   (E)   Lack of, or inability to provide, adequate public utilities or infrastructure for proposed lots;

   (F)   Presence of poor soils, wetlands, endangered species, unbuildable topography, flood plains or other natural problems which make the proposed area unsuitable for development; or

   (G)   Other reasons which may make development unsuitable or undesirable for the proposed area, provided said reasons are clearly based in fact(s) presented at a public hearing.

(Ord. O-93-01, passed 1-25-93)

   The following regulations and guidelines in this subchapter shall apply to all subdivision applications.

(Ord. O-93-01, passed 1-25-93)

   If the applicant places restrictions on any of the land contained in the subdivision that are more restrictive than those required by city ordinances, such restrictions must be indicated on the final subdivision plat and a restrictive covenant filed with the final plat at the County Recorder of Deeds office. Such restrictions are not enforced by local authorities.

(Ord. O-93-01, passed 1-25-93)

   The following standards of the Engineering Department are to be adhered to for any subdivision:

   (A)   Monuments. The applicant shall have permanent reference monuments placed in the subdivision as required by ILCS Chapter 765, Plats and as required herein:

      (1)   Monuments shall be located on street right-of-way lines, at street intersections, angle points of curve and block corners. They shall be spaced so as to be within sight of each other, the sight lines being contained wholly within the street limits.

      (2)   The external boundaries of a subdivision shall be monumented in the field by monuments of stone or concrete, not less that 30 inches in length, not less than four inches square or five inches in diameter, and marked on the top with a cross, brass plug, iron rod or other durable material securely imbedded. These monuments shall be placed not more than 1,400 feet apart in any straight line and at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points in any line, and at all angle points along a meander line, the points to be not less than 20 feet back from the bank of any river or stream, except that when such corners or points fall within a street, or proposed future street, the monuments shall be placed in the side line of the street.

      (3)   All internal boundaries and those corners and points not referred to in subdivision (2) of this section shall be monumented in the field by like monuments as described above. These monuments shall be placed at all block corners, at each end of all curves, at a point where any curve changes its radius and at all angle points in any line.

      (4)   All such monuments shall be set flush with the ground and planted in such a manner that they will not be removed by frost.

      (5)   All monuments shall be properly set in the ground and approved by a professional land surveyor prior to the time the City Council approves the final plat.

   (B)   Streets and roads. The following regulations shall apply to all new streets and roads within the subdivision:

      (1)   The right-of-way shall be measured from lot line to lot line and shall be sufficiently wide to contain the pavement, curbs, shoulders, sidewalks, utilities, drainage structures or systems, street lighting and street trees to be placed in the right-of- way. The right-of-way width of a new street that is a continuation of an existing street shall in no case be continued at a width less than that of the existing street. In no case except approved alleys shall a right-of-way width be less than 50 feet.

      (2)   Streets shall be classified by the City Engineer, and the street hierarchy shall be defined by the City Engineer based on road function, design, slopes and average daily traffic.

      (3)   Street width shall consider possible limitations imposed by sight distances, climate, terrain and maintenance needs. Street widths for each street classification shall be determined by the City Engineer in accordance with the minimums outlined in Appendix 1 of this chapter. Residential and collector street widths shall be 27 feet from back of curb to back of curb with parking restricted to one side. All curves, gradients, intersection angles and cul-de-sac lengths shall be subject to City Engineer approval.

      (4)   Pavement thickness shall vary by street classification, a subgrade properties and pavement type as specified by the City Engineer and in accordance with the minimums outlined in Appendix 1 of this chapter.

      (5)   Arterial and collector streets shall be continued in direct alignment. Local streets shall conform to the prevailing topography of the subdivision. In no case shall intersection offsets of less than 120 feet center to center be allowed.

      (6)   Street grades shall be determined by the City Engineer according to street classification and topography. In no case are grades to be less than 0.5% or more than 12%, unless topography dictates a steeper slope for a portion of a street less than 500 lineal feet.

      (7)   Curb and gutter shall be required on two sides of the street and constructed in accordance with the Standard Specifications for Road and Bridge Construction, Illinois Department of Transportation, January 1, 2002, and as amended. Curbing shall be designed for handicapped access as required by the state.

      (8)   Traffic regulation signs and other necessary appurtenances shall be provided and installed by the developer in accordance with the City Engineer. Streetlights shall be installed in accordance with the city's lighting requirements and standards set forth in § 153.42(H).

      (9)   The subdivider shall be responsible for keeping clear of ice, snow and storm debris all dedicated streets within the subdivision which have been improved but not yet accepted by the city. If the subdivider fails to clear ice, snow or storm debris from any such street within six hours of the beginning of any snowfall or storm, such failure shall be considered a violation of the provisions of this chapter. In the case that the subdivider fails to keep clear any streets, the city may clear those streets and assess charges-for that service against the subdivider.

   (C)   Sidewalks.

      (1)   Sidewalks shall be required on at least one side, as further defined in Appendix 1, along all new street frontages and constructed in accordance with the city’s Specifications for Concrete Walks and Driveways. When adjacent to properties with existing multi-use trails or sidewalks, the City Council, with staff input, may consider requiring eight-inch wide (or matching width) sidewalks along one side of new streets to accommodate use by bicyclists and pedestrians.

      (2)   In addition, the City Council may require a pedestrian trail system to be installed in accordance with any plan for pedestrian linkages. All trails and sidewalks shall link the proposed subdivision to pedestrian ways in developed areas of the city.

   (D)   Water and sewer. The following water and sewer standards shall apply to all new construction within the subdivision:

      (1)   In subdivisions within or contiguous to the city, where water and/or sewer are available, all new construction must be provided with public water and sewer. The water supply system and sewer collection system shall be designed by a state registered engineer and approved by the City Engineer to provide sufficient capacity based upon full development of the subdivision. Fire hydrant size and type shall be specified by the City Engineer, location and installation shall comply with or exceed the recommendations of the Fire Chief of the city. All water and sewer improvements shall be located in the street rights-of-way, or within easements dedicated for that purpose.

      (2)   Water and sewer system design, well and septic system design shall be appropriate to the subdivision and are subject to approval by the Zoning Administrator, City Engineer, the City Sewer and Water Superintendent, the County Health Department and/or all other state and federal authorities.

      (3)   Alternative water and sewer systems may be allowed with Zoning Administrator, City Engineer, City Sewer and Water Superintendent and County Health Officer approval in areas where a public sewer is not available. Adequate financial guarantees, in an amount acceptable to the City Council, must be submitted with the final subdivision approval application to ensure adequate water and sewer service at the time of development.

      (4)   Each ancillary sewer and water facility required for the subdivision, such as booster stations, lift stations and wells, shall be connected to a stationary generator for secondary power supply in the event of an electrical power outage. Said generators shall be installed by and at the expense of the subdivider and as specified by the City Engineer.

   (E)   Storm water and drainage. A storm water drainage plan shall be provided in conformity with Chapter 152 of this code. Such a plan shall apply to the subdivision as a whole and shall apply jointly to individual lots. Storm water shall be conducted via a system of catch basins and pipes to detention basins and/or existing drainage courses. Drainage swales shall not be utilized for the transport of storm water in the public storm water collection system.

   (F)   Utilities. All utility installations and easements shall be according to the standards and regulations of the individual utility company. In cases where no standards apply, improvements and easements are subject to City Engineer approval. All utilities shall be located within the street rights-of- way or in easements dedicated for utility purposes. All utilities shall be located underground unless impractical due to terrain or geography, and then only with City Council permission.

   (G)   Nonresidential subdivisions. The City Engineer or City Council may require more restrictive construction of public improvements, infrastructure, and utilities in cases of industrial, commercial and mixed-use subdivisions.

   (H)   Lighting requirements and standards.

      (1)   Requirement. At the expense of the developer, all public streets, sidewalks, parking lots and other common areas or facilities in subdivisions created after the effective date of this section shall be sufficiently illuminated to ensure the security of property and the safety of persons using such streets, sidewalks, parking lots or other common areas or facilities.

      (2)   Installation. The developer shall install lighting facilities conforming to the city's Lighting Policy Standards. Street lighting shall only be installed by either Alliant Energy or a city-licensed and bonded electrical contractor.

         (a)   Failure by the developer to cause his or her contractor to obtain permits and inspections may result in the city not accepting the street lighting as a public improvement.

         (b)   The city shall be responsible for the maintenance, replacement and energy costs incurred after the approved installation and acceptance of the lighting facility.

      (3)   Fixture standards.

         (a)   All newly-created public streets within subdivisions shall have street lights installed at a maximum spacing of 300 feet and shall not exceed an minimum average ground level foot-candle (fc) illumination of 0.4 for residential uses and an average ground level foot-candle (fc) illumination of 2.0 for nonresidential uses.

         (b)   Streetlights in residential subdivisions shall not exceed 30 feet in height.

         (c)   Lights in nonresidential subdivisions shall not exceed 40 feet in height.

         (d)   All fixtures shall be full cut-off or a shielded type, not allowing any upward distribution of light. Full cut-off fixtures must be installed in a horizontal position as designed. Up-lighting shall be prohibited.

         (e)   Street lights shall employ LED or other City Engineer approved high efficiency lighting.

      (4)   Lighting Plan. The developer shall submit sufficient information in the form of an overall exterior lighting and photometric plan to enable the Planning Department to determine that the applicable provisions of this code will be satisfied. The plan shall include at least the following:

         (a)   A site plan, drawn to a standard engineering scale of not more than 100 feet to the inch (1 inch = 100 feet), showing the building footprints or buildable lot area, streets and all proposed exterior lighting fixtures; and

         (b)   Specifications or details for all proposed lighting fixtures including photometric data, information about fixtures, Color Rendering Index (CRI) of all lamps (bulbs) and other descriptive information on the fixtures, including height of fixtures.

(Ord. O-93-01, passed 1-25-93; Ord. O-02-35, passed 12-23-02; Am. Ord. O-12-10, passed 4-9-12) Penalty, see § 153.99

   (A)   Character of land; protection of amenities. Land which the City Council finds unsuitable for development because of flooding, poor soils, improper drainage, steep slopes, land subsidence, previous mining history or other features which could be harmful to the safety, health or general welfare of the inhabitants of the subdivision and/or its surrounding areas shall not be developed until adequate methods of assuring suitable development are approved by the Planning Department and City Council. Existing features which would add value to the development or to the community as a whole such as trees, water courses, water bodies, historic places and similar amenities shall be preserved; and such assets shall be shown on all copies of all submitted plats.

   (C)   Double frontage lots. Double frontage lots should only be provided on corner lots or where the back of a lot fronts an arterial or highway with no vehicular access. Double frontage lots shall be of appropriate size as to allow for reasonable construction consistent with all zoning setbacks. Only in extremely difficult situations shall triple or quadruple frontage lots be allowed.

   (D)   Lot dimensions. Lot dimensions shall comply with the minimum standards of the appropriate zoning district of the Zoning Ordinance in effect at the time the subdivision plat is approved.

   (E)   Lot drainage. Drainage on individual lots shall be in accordance with the overall subdivision drainage plan required in § 153.42(E) of this chapter.

   (F)   Soil preservation and erosion control. Soil preservation and erosion control plans shall be outlined on the preliminary plat site plans. Final erosion control and storm water drainage plans shall be shown in the final plat site plans, shall be designed by a registered engineer, and shall be subject to City Engineer approval in accordance with § 153.42(E).

   (G)   Water bodies and watercourses. All efforts shall be made to preserve and enhance existing water bodies. No part of a subdivision lot may lie under the average water level of a water body or watercourse. All construction in and around water bodies is subject to state and federal flood regulations.

(Ord. O-93-01, passed 1-25-93; Am. Ord. O-12-10, passed 4-9-12) Penalty, see § 153.99

   The following regulations shall apply to all land and improvements proposed to be dedicated to the city:

   (A)   Parks, playgrounds, and recreation areas.

      (1)   The city may require the applicant proposing a subdivision within or to be annexed to the city to dedicate land to the city, in which case no requirement shall exceed 10% of the gross land area of the development. Such dedication shall be of suitable character, size, dimension, topography and access for the appropriate use as determined by the City Council and the Planning Department. If such required dedication is deemed too small for reasonable use, the developer may offer a cash settlement in lieu of a land offering in an amount acceptable to the City Council.

      (2)   If a developer is proposing a subdivision outside the city limits, the developer shall dedicate an amount of open space to the appropriate township, or to the county, in an amount to be determined by township or county officials.

   (B)   All land and improvements offered for dedication to the city shall be offered clear and free of all liens, restrictive covenants, and other encumbrances unless such are deemed reasonable by the City Council and the City Attorney. Such land and improvements, upon formal acceptance of dedication in the form of a resolution by the city, shall be accompanied by a plat of such land, signed by a professional land surveyor, and drawn to a scale of not less than 50 feet per inch. Such plat shall show the as-built locations and profiles of all utilities and other improvements and shall show all easements, rights-of-way, and other deed exceptions on that land. Additionally, the as-built maps shall include copies of all local, state and federal permits, such as EPA water main extension permits.

(Ord. O-93-01, passed 1-25-93) Penalty, see § 153.99

   The following list of requirements applies to all subdivisions applied for under this chapter.

(Ord. O-93-01, passed 1-25-93)

   The cost of all procedural and physical improvement requirements incurred under the auspices of this chapter are to be borne solely by the applicant and/or the owner of the property. The city is not responsible for expenses incurred due to this chapter and will not reimburse the developer for any portion thereof, unless it determines that the installation of particular infrastructure would serve additional properties separate from the development, for which City Council may reimburse a reasonable portion of the cost of that infrastructure.

(Ord. O-93-01, passed 1-25-93)

   Neither the proposed subdivision name or the proposed street names within that subdivision shall duplicate the names of existing or platted subdivisions or streets unless the proposed subdivision or street is an extension of any existing subdivision or street of the same name. All names are subject to City Council approval. Street signs shall be provided by the developer at each street intersection affected by the proposed subdivision and at each street intersection within the development.

(Ord. O-93-01, passed 1-25-93)

   If no major changes or revisions are necessary, the documents required for preliminary subdivision approval may be used as part of the documents required for final subdivision approval.

(Ord. O-93-01, passed 1-25-93)

   During construction of all public and lot improvements in all phases of development of the subdivision, the following requirements shall be met.

   (A)   All hazards to life and limb and all attractive nuisances shall be fenced or continually supervised to the satisfaction of the Building Official or City Engineer to avoid accidental injury or death. Permanent fencing may be required by the City Engineer, and should be shown on the final plat.

   (B)   Appropriate soil preservation and erosion control methods as determined by the City Engineer and the Zoning Administrator shall be used during all phases of construction when more than 500 square feet of earth will be exposed.

   (C)   Debris including downed trees, stones, junk, trash or waste materials of any sort must be removed prior to issuance of any occupancy permit or full release of the required performance bond.

   (D)   All unpaved areas within the public right-of- way must be sodded or seeded to the satisfaction of the Zoning Administrator and City Engineer, and street trees must be planted within the public right-of-way at one tree, of one and one-half (1½) inch caliper per 35 feet of lot frontage, or portion thereof. Street trees shall be of a native or regionally appropriate species. Existing trees within the public right-of-way may be used to satisfy a portion of this requirement. The developer is responsible for this improvement, which shall be installed prior to full release of the bond and acceptance of the streets.

   (E)   Appropriate permits must be obtained following final subdivision approval and prior to commencement of any phase of construction.

(Ord. O-93-01, passed 1-25-93; Am. Ord. O-12-10, passed 4-9-12) Penalty, see § 153.99

   Additional requirements may be stipulated by the City Council, including but not limited to annexation, impact fees, and dedication of additional right-of-way if the City Council deems that the petitioner's action(s) will cause an immediate or near future burden upon the services or citizens of the city.

(Ord. O-93-01, passed 1-25-93)

   (A)   The requirements outlined in this subchapter as part of this chapter shall not apply to the following situations:

      (1)   The sale or exchange of parcels of land between owners of adjoining and contiguous land which does not involve any new streets or access, and does not create any new parcels;

      (2)   The conveyance of parcels of land for use as a right-of-way for public utilities, railroads, highways or other streets, pipelines or other public purposes;

      (3)   Conveyances made to correct descriptions in prior conveyances;

      (4)   Conveyances or plats made in accordance with ILCS Ch. 765, the Judicial Plats Act.

   (B)   In those instances other than the Judicial Plats Act, a legal description of the property and a plat shall be prepared by a professional land surveyor, and shall be submitted to the Planning Department for review according to the Zoning Ordinance and other pertinent ordinances. If the requirements of all other applicable ordinances are met, the Mayor, City Clerk and Zoning Administrator shall sign the plat and return it to the surveyor for recording. If the proposed plat is not in accordance with applicable regulations, the Zoning Administrator shall work with the applicant and the surveyor to correct the deficiencies and other problems, in order to file a correct and legal plat.

(Ord. O-93-01, passed 1-25-93)

   (A)   Violations and penalties. Any person, firm or corporation who fails to comply with, or violates, any of these regulations shall be subject to a state fine of not more than $25 per lot, pursuant to the provisions of the “Plats Act”, ILCS Ch. 765, Act 205, § 5 et seq., and additional penalties as prescribed by the city or county.

   (B)   Civil enforcement. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation, to prevent illegal occupancy of a building structure or premises, and these remedies shall be in addition to the penalties in division (A) of this section.

   (C)   Commencement of work without procedural compliance. In the event any work is started prior to following the proper procedures outlined in this chapter, a stop work order shall be issued by the Zoning Administrator, Building Official, City Engineer or the Mayor. An immediate fine of not more than $500 will be imposed. After the stop work order is issued, the violator will be given three days to begin proceedings for subdivision approval. Work will not commence until either final subdivision approval is granted in accordance with these regulations, or the City Council determines to waive its subdivision regulations to this particular project. In the event the violator does not commence the procedure to obtain the proper subdivision approval within the three days, a fine of not more than $25 per day will be imposed until such procedure is commenced.

(Ord. O-93-01, passed 1-25-93)

 

(Ord. O-93-01, passed 1-25-93; Am. Ord. O-02-35, passed 12-23-02)

 

 

(Ord. O-93-01, passed 1-25-93)