A.

Title. This chapter 12 of title 10 shall be known and may be cited as the "Subdivision Code of the Village of Gilberts, Illinois".

B.

Purpose. This ordinance is adopted for the following purposes:

1.

To protect and provide for the public health, safety and general welfare of the Village.

2.

To guide the future growth and development of the Village in accordance with the planning and development policies, and generalized land use plan of the Village and in accordance with local plans and policies.

3.

To provide for adequate light, air and privacy; to secure safety from fire, flood and other danger; and to preserve the integrity, stability, and natural beauty of the Village.

4.

To prevent the pollution of air and surface waters; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the Village.

5.

To provide the most beneficial relationship between the uses of land and buildings and the safe circulation of traffic throughout the Village, having particular regard to the avoidance of congestion and hazards in the roadways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of roads and building lines.

6.

To protect and conserve the value of land throughout the Village and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings.

7.

To guide public and private policy and action in facilitating adequate provision for transportation, water, sewage, schools, parks, playgrounds, recreation and other public requirements.

8.

To provide for open spaces through the most efficient design and layout of the land while preserving the density of land as established in the zoning code.

9.

To protect natural areas and wildlife habitats and to maintain the diversity of flora and fauna throughout the Village.

10.

To establish reasonable standards of design and procedures for subdivisions and resubdivisions; to further the orderly layout and use of land and to insure proper legal descriptions and monumenting of subdivided land.

C.

Application of Ordinance.

1.

No person may subdivide any tract of land which is located within the Village of Gilberts or in any unincorporated area which is located entirely or in part within 1½ miles of the nearest limits of the Village, except in conformity with the provisions of this ordinance. The subdivision plans and plats, proposed improvements to be installed, and all procedures, must in all respects be in full compliance with these regulations.

2.

The Village Board, upon request, may waive any requirement of the preliminary plat process for those subdivisions not exceeding five acres divided into three or fewer lots or the division of a single tract into two lots. Grant of this privilege is purely discretionary and the Village reserves the right to later require any detail or compliance with any procedure which may have been waived by the Board.

D.

Required Actions Before Subdividing and Constructing Related Improvements. The improvement plans and final plat of subdivision must be approved by the Village Board of Trustees before any of the following actions may be taken:

1.

Subdivision of land.

2.

Extension of any public street.

3.

Improvements to the natural land.

4.

Sale, contract for sale, or option for any lot, tract, or parcel of land within any subdivision.

5.

Improvements such as sidewalks, water supply, storm water drainage, sanitary sewage facilities, gas service, electric service, lighting, grading, paving, or surfacing of streets by any owner or owners or his or their agent, or by any public service corporation at the request of the owner or owners or his or their agent.

E.

Interpretation. The provisions of this chapter will be held to be the minimum requirements for the promotion and effectuation of the purposes set forth in this chapter. Nothing in this chapter will repeal, abrogate, annul or in any way interfere with any provision of law, or any rules or regulations other than subdivisions adopted or issued pursuant to law relating to subdivisions or development of land. Where this Chapter imposes greater restrictions or requirements than one imposed or required by other provisions of laws, rules, regulations, covenants, or agreements, the provisions of this Chapter will control, but nothing will interfere with, abrogate, or annul any easements, covenants, deed restrictions or agreements between parties which impose restrictions greater than those imposed by this Chapter.

F.

Severability. If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion will be deemed a separate, distinct and independent provision and that holding will not affect the validity of the remaining portions thereof.

A.

Procedure for Approval.

1.

Preliminary Plan.

a.

Application. Applications for approval of a preliminary plan of subdivision must be filed in accordance with the requirements of section 11-4 of this code.

b.

Public Meeting. A meeting will be conducted by the Plan Commission in accordance with sections 11-5 and 11-6 of this code.

c.

Action by the Plan Commission. Within 90 days after the completion of the applicant's application for preliminary plat approval, the Plan Commission will recommend whether the preliminary plat should be approved, approved with modifications or conditions, or disapproved and shall transmit such recommendation to the Board of Trustees. The Plan Commission may recommend approval of a plat subject to certain conditions or modifications as are deemed necessary in the interests and needs of the community. The failure of the Plan Commission to act within the time period specified in this subsection, or such further time to which the applicant may agree, will be deemed to be a recommendation of the Plan Commission to disapprove the preliminary plat.

d.

Action by Board of Trustees. Within 30 days after its next regularly scheduled meeting following the transmission of a recommendation by the Plan Commission on an application for preliminary plat approval, the Board of Trustees will disapprove the preliminary plat or approve it by ordinance or resolution duly adopted. Any approval of a preliminary plat may be subject to certain conditions or modifications as are deemed necessary in the interests and needs of the community. If the Board of Trustees disapproves the preliminary plat, then the Village will notify the applicant in writing of the reasons stated for such disapproval. The failure of the Board of Trustees to act within the time period specified in this subsection, or such further time to which the applicant may agree, will be deemed to be a decision of the Board of Trustees disapproving the preliminary plat.

e.

Effect of Approval. Approval of a preliminary plat does not entitle the applicant to any other approval or issuance of any permit until after all of the standards and procedures for such other approval or issuance of a permit have been satisfied.

f.

Limitation on Preliminary Plat Approval. Every approval by the Board of Trustees of a preliminary plat of subdivision will be effective for a maximum period of one year after the date of approval unless, pursuant to a written application therefor filed by the applicant before the expiration of the preliminary plat approval, the Board of Trustees grants an extension of that one year period. If, within the one year period, no extension of time has been granted by the Board of Trustees and no application for approval of a final plat of subdivision has been filed with the Village, then the applicant must resubmit an application for approval of a new preliminary plat for full review of the Plan Commission and Board of Trustees.

2.

Final Plat.

a.

Application. Applications for approval of a final plat of subdivision must be filed in accordance with the requirements of section 11-4 of this code.

b.

Public Meeting. A meeting will be conducted by the Plan Commission in accordance with sections 11-5 and 11-6 of this code.

c.

Action by the Plan Commission. Within 60 days after the completion of the application for final plat approval, the Plan Commission will determine whether the final plat is in substantial conformity with the preliminary plat and recommend whether the final plat should be approved, approved with modifications or conditions, or disapproved; and will transmit such recommendation to the Board of Trustees. The Plan Commission may recommend approval of a final plat subject to certain conditions or modifications as are deemed necessary in the interests and needs of the community. The failure of the Plan Commission to act within the time period specified in this subsection, or such further time to which the applicant may agree, will be deemed to be a recommendation of the Plan Commission to disapprove the final plat.

d.

Action by Board of Trustees. The Board of Trustees, within 45 days after receipt of the report of the Plan Commission, will disapprove the final plat or shall approve it by ordinance or resolution duly adopted. Any approval of a final plat may be subject to certain conditions or modifications as are deemed necessary in the interests and needs of the community. If the Board of Trustees disapproves the final plat, then the Village will notify the applicant in writing of the reasons stated for such disapproval. The failure of the Board of Trustees to act within the time period specified in this subsection, or such further time to which the applicant may agree, will be deemed to be a decision of the Board of Trustees disapproving the final plat. Approval of a final plat will not entitle the applicant to any other approval or issuance of any permit until after all of the standards and procedures for such other approval or issuance of a permit have been satisfied, and such approval will be subject in any event to the requirements of this section.

e.

Recordation. After approval of a final plat of subdivision or resubdivision by the Board of Trustees, the applicant must file with the Village the approved plat bearing all appropriate signatures and in proper form for recording by the Village with the respective county recorder of deeds. The applicant must pay, at the time of filing of the reproducible version of the plat, all costs and fees associated with the recording of the plat. After receipt of such payment, the Village will cause such plat to be recorded. The recorded plat will remain permanently on file with the Village.

B.

Subdivision Variations. In some cases, strict compliance with the provisions of this title may present a hardship on the owners of property under certain situations and therefore the Board of Trustees may in its sole discretion waive the requirement of this title.

1.

Statement of Justification. In applying for a subdivision variation, the applicant must demonstrate in writing that each of the following criteria is satisfied:

a.

The terms and provisions of the Illinois Plat Act have been met; and

b.

That a hardship would result if compliance of this title were required. Hardship shall not be defined to include a mere inconvenience to the owner or an owner's financial difficulty.

2.

Procedure. Applications for subdivision variations will be reviewed concurrently with the related subdivision application, except as otherwise provided by the Board of Trustees on a case by case basis. Every application for a subdivision variation will first be considered at a public meeting of the Plan Commission, which will formulate a recommendation regarding such application for variation as part of its recommendation on the subdivision itself. Thereafter, the Board of Trustees will consider the variation at a public meeting.

3.

Conditions. In authorizing a subdivision variation, the Board of Trustees may impose such conditions regarding the location, character, and other features of the proposed subdivision or development as it may, in its sole and absolute discretion, deem necessary in the public interest.

C.

Impact Fees. See section 12-10 of this code for applicable impact fee regulations.

A.

General Provisions.

1.

Conformance to Applicable Rules and Regulations. The design of a subdivision must conform to the generalized land use plan, the planning and development policies, official street map of the Village, the zoning code, the flood plain ordinance, the requirements stated herein, all ordinances pertaining to the control of land development and to all applicable rules, regulations, specifications, and standards of the Village, Kane County and the State of Illinois and other duly constituted agencies, including the Village's Subdivision Engineering Specifications Manual incorporated into this Chapter by subsection 12-3.A.4. No deviations from approved plans and specifications will be made without prior approval of the Village.

2.

Character of the Land. The design of each subdivision must take into consideration the preservations, capabilities and limitations of topography, drainage, soils, vegetation and other features and irreplaceable assets of the site. The use of lands unsuited to development because of, but not limited to, flood, inundation and soil characteristics shall not be approved unless the development of said lands shall meet the requirements of the ordinances and regulations of the Village.

3.

Required Improvements. The following improvements must be provided as part of the development of the subdivision:

a.

Streets improved with;

(1)

Curb and gutters,

(2)

Sidewalks,

(3)

Street lighting;

(4)

Parkway landscaping and trees,

(5)

Street signs, and

(6)

Guard rails;

b.

Public utilities for telephone, electric, cable television, and natural gas;

c.

Grading per grading plan;

d.

Storm sewer systems;

e.

Storm water management;

f.

Erosion control;

g.

Drain tile routing;

h.

Wastewater facilities;

i.

Water facilities; and

j.

House services, water and sewer.

4.

Incorporation of Village Engineering Specifications Manual. All improvements covered by this chapter and required for a subdivision must be designed and constructed in accordance with the Village's Engineering Specifications Manual, which manual is incorporated into this chapter as if set forth fully herein.

5.

Oversize Design and Recapture. Where required in the overall utility planning for water distribution, sanitary sewers and stormwater management, any subdivision improvement must be larger than necessary to serve the immediate subdivision adequately, and agreement may be made to repay the subdivider the construction cost resulting from the increased design. All engineering, insurance and inspection costs must be paid by the subdivider. This will apply to, but is not limited to, collector sewers, lift stations, disposal facilities, wells, pumping stations, water mains, storage tanks, culverts, storm sewers, etc.

6.

Off-Site Improvements. If it is determined that any existing infrastructures including, but not limited to, water distribution systems, sanitary sewers or other wastewater treatment facilities, storm sewers or other stormwater management facilities, roads and curbs and gutters, which may be situated either in part or entirely off site, is inadequate to facilitate a proposed subdivision when 100 percent built-out, then improvements to any one or all of the facilities may be required.

B.

Lots and Blocks.

1.

Lots.

a.

Lot Arrangement. The lot arrangement must be such that there will be no foreseeable difficulties, for reasons of topography, soils, flooding or other conditions, in securing permits to build on all lots in compliance with the zoning code, the flood plain ordinance, and sewage treatment and disposal system rules and regulations. Subdivisions must not contain left-over pieces, corners, or remnants of land.

b.

Lot Configuration. The lot size, width, depth, shape and orientation must be appropriate for the location of the subdivision and for the type of development and use contemplated.

c.

Lot Dimensions. Lot dimensions and areas within the Village limits and the 1½ mile jurisdictional boundary must conform to the requirements of the Village's zoning code. If the County zoning code is more restrictive with regard to a lot in the 1½ mile jurisdictional boundary, then the County zoning code shall apply.

d.

Lots Affected by Surface Water. Lots abutting a stormwater retention/detention pond, water course, drainage way, channel or stream must have a minimum width or depth as required to provide an adequate building site and to afford the minimum usable area required in this chapter or the Village's zoning code for front, side and rear yards.

e.

Lot Drainage. Lots must be laid out so as to provide positive drainage away from all building sites and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage must be designed so as to avoid concentration of storm drainage water from each lot to adjacent lots.

f.

Proximity to Dedicated Street. All lots, tracts and parcels must abut on a publicly dedicated street.

g.

Double and Reverse Frontage. Double frontage and reverse frontage lots must be avoided except where essential to provide separation of residential development from any public right of way or to overcome specific disadvantages of topography and orientation. A planting screen and easement of at least ten feet, and across which there shall be no right of vehicular access, shall be provided along the rear lot lines abutting any public right of way.

h.

Side Lot Line. Side lot lines must be substantially at right angles or radial to street lines.

i.

Corner Lots. Corner lots must be sized to accommodate setbacks and lot coverage as provided for in the zoning code.

2.

Blocks.

a.

Determination of Block Dimensions. The length, widths, and shapes of blocks will be determined with due regard to:

(1)

Provision of adequate building sites suitable to the special needs of the type of use contemplated.

(2)

Zoning requirements as to lot sizes and dimensions within the corporate limit of the Village of Gilberts.

(3)

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

b.

Block Dimension Restrictions. The length, width, and shape of blocks will be appropriate for the locality and the type of development contemplated, but length in residential areas must not exceed 1,500 feet nor have less than sufficient width to provide two tiers of lots of appropriate depth between road lines, except for blocks with one tier of lots which meet the double frontage requirements of this ordinance.

c.

Pedestrian Crosswalks. Pedestrian crosswalks not less than ten feet wide are required where deemed necessary by the Village to provide for pedestrian circulation or access to schools, playgrounds, shopping centers, transportations and other community facilities.

d.

Blocks Located in Industrial/Commercial Areas. Blocks or portions of blocks intended for commercial or industrial use must be designated as such, and the plans must show adequate off-street areas to provide for parking, loading docks, and other facilities as provided in the zoning code.

3.

Easements.

a.

Utility Easements. Utility easements must be provided at the rear of all lots and along the side and front lot lines where required. On wooded sites, utility easements must be located so as to minimize environmental damage. Utility easements must be at least 20 feet wide, and normally centered upon the rear or side lots lines. Evidence shall be furnished to the Zoning Administrator that easements and any easement provisions to be incorporated on the final plat or in the deeds have been reviewed by the individual utility companies or organizations responsible for furnishing the services. The wording of utility easements on the final plat is subject to approval by the Zoning Administrator.

b.

Drainage and Stormwater Management Facility Easements.

(1)

Drainage easements must be provided at the side and rear of all lots to accommodate drainage from each lot. The width of drainage easements within each lot shall be not less than ten feet wide along each rear lot line (totaling 20 feet) and five feet along each side lot line.

(2)

Where a subdivision is traversed by a watercourse, drainageway, channel or stream, or other body of water, appropriate dedications or easements, with adequate width to accommodate observed, computed or anticipated stormwater drainage through and from the subdivision, shall be made. The width of the easement or dedication is dependant on the area of land drained by the watercourse and must allow access for construction and maintenance equipment. In general, the easement must conform substantially with the lines of the watercourse and must include the flood plain, where applicable, plus an additional area not less that 20 feet wide adjoining both edges of the flood plain.

(3)

All permanent stormwater management facilities for a subdivision must be protected by easements or dedications for drainage and shall permit ingress and egress for maintenance. All side lot lines must have 20 foot easements centered on the lot line. All lot lines adjacent to non-subdivided lands must have a 20 foot easement for drainage.

(4)

No construction of structures, dams, embankments or channels (except as indicated in the improvement plans) and no planting of trees, shrubbery or other vegetation, which hinder the flow of water or otherwise inhibit the intended purposes, will be allowed within any drainage or stormwater management facility easement. In the event the area within the easements is obstructed, reshaped, regarded or restricted for uses other than as intended or as shown on the improvement plans, the Village will cause to have any alterations corrected at the expense of the party or parties causing the obstruction, restriction, regarding or alteration.

(5)

Where possible drainage easement must be separate and distinct from utility easements.

(6)

Drainage and stormwater management facility easements must be adequately maintained so as to provide for removal of accumulation of vegetation, silt, debris or other material which may interfere with the flow characteristics of drainageways or the essential features or retention or detention facilities.

c.

Landscaping and Conservation Easements.

(1)

A screen planting and easement is required between residential and commercial or industrial lots, or along lot lines to discourage the undesirable development of residential lots fronting on traffic arteries. If the easement is to be used for public utilities, the easement must be of sufficient width to accommodate appropriate screen planting without interfering with utility service or maintenance.

(2)

Easements may be required to protect areas designated for the restoration of site flora.

d.

Temporary Turnaround Easements. Temporary turnaround easements must be reserved for road purposes until the extension of the road is publicly dedicated. The temporary easement will then be considered automatically released for the use and purpose. The dimensions of the turnaround must meet the requirements for temporary "T" turnarounds as provided in this ordinance.

e.

Pedestrian Way Easements. Easements or dedications must be provided for pedestrian ways where deemed appropriate by the Village. Pedestrian way easements must be maintained to permit their continued use.

f.

Line of Sight Easements at Intersections. At all intersections, a line of sight easement must be established within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between the right-of-way lines at a distance along each line of 25 feet from their point of intersection.

C.

Streets.

1.

General. All streets and street right-of-way improvements must be designed in substantial relation to topographic conditions, drainage, public convenience, safety, and the proposed uses of the land to be served by such roads. All road and road right-of-way improvements shall conform to the applicable standards of the Illinois Department of Transportation, the Village, the County Division of Transportation, and the Township Highway Commissioner. The design and construction standards of all streets, alleys, curbs and gutters, and other street improvements must conform to the standards set forth in the Village's Engineering Specifications Manual.

2.

Variations for Private Streets. A public street must be provided for convenient access to all property and lots within a subdivision. Private streets and easements of access will not be permitted except when approved by the Village Board of Trustees. All private streets must be built to Village approved specifications and standards.

3.

Location. Wherever a planned street is located within a proposed subdivision, the street must be designed and located in the place and with the width indicated on the official street plan. Where the street is not shown on the official street plan, the arrangement of streets in the subdivision must either:

a.

Provide for the continuation or appropriate projection of existing principal streets in the surrounding area; or

b.

Conform to a plan for the area or neighborhood approved or adopted by the Village to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable.

4.

Street Classifications. All existing and planned streets must be classified according to the following:

a.

Major streets are those whose primary purpose is to carry high volumes of traffic, with trip lengths generally over one mile. All marked state and federal routes, and those county and township streets and other streets so designated by the county board will be considered major streets. These should provide continuous service at moderate speeds through an urban area and moderate to high speed travel in rural areas.

Freeways and expressways are major streets with fully or partially controlled access, permitting moderate to high speed travel. Access or modifications of access to county roads designated by the county board as freeways may be permitted only by approval of the Village Board.

b.

Collector streets are those whose purpose is to collect and distribute medium to low traffic volumes between major and local roads. Collector streets should be inter-neighborhood streets and particularly related to serving specific traffic generating facilities such as schools, churches, commercial or employment areas, and other areas of greater traffic generation. All county highways and some township roads are considered collector streets.

c.

Local streets are those whose primary purpose is to provide access to abutting property. They should be laid out so as to discourage use by through traffic. All streets other than major and collectors are considered local streets.

d.

Frontage roads are special types of local roads running approximately parallel and adjacent to the right-of-way of a railroad, limited-access road, or county, state, federal, or interstate route, so as to provide access to abutting property only on the side of the road opposite said right-of-way.

e.

Streets within office or business districts are those whose primary purpose is to carry traffic with greater volume to commercial entities.

f.

Streets within industrial districts are those whose primary purpose is to carry traffic with heavier vehicular weights to industrial entities.

5.

Abutting Planned or Existing Highway or Railroad.

a.

Where a subdivision abuts or contains an existing or proposed highway or major thoroughfare, the Village may require marginal access streets; double frontage with screen planting contained in a non-access reservation at least ten feet wide, along the rear property line; deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

b.

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

6.

Reserve Strips and Half Streets. Reserve or "spite" strips controlling access to streets shall not be permitted. Half streets are not permitted, except to provide right-of-way for officially adopted, planned streets. Whenever an existing half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract to be subdivided or the existing half street must be vacated prior to final approval.

7.

Dead-End Streets. Permanent dead-end streets shall be designed as a cul-de-sac and temporary dead-end streets (if approved by the Village Board of Trustees) must be designed for a "T" turnaround with temporary easements.

8.

Street Elevations. Street elevations must conform to existing natural elevations wherever possible. The centerline elevation of the paved street surface shall be a minimum of two feet above the 100-year flood plain elevation.

9.

Street Names. No street names may be used which will duplicate or be confused with names of existing streets.

10.

Width of Roadway Rights-of-Way. The width of roadway right of ways must conform to the standards set forth in the Village's Subdivision Engineering Specifications Manual.

11.

Cul-de-sac and "T" Turnarounds. Cul-de-sacs and "T" turnarounds shall meet all the requirements for a local street and shall be subject to the standards set forth in the Village's Subdivision Engineering Specifications Manual.

12.

Alleys.

a.

Alleys in residential areas are not permitted, except where deemed necessary. In commercial, office and industrial districts, definite and assured provisions must be made for service access such as off-street loading, unloading and parking consistent and adequate for the uses proposed.

b.

The design and construction of curbs and gutters must conform to the standards set forth in the Village's Subdivision Engineering Specifications Manual.

13.

Curb and Gutter. A concrete curb and gutter must be constructed along the outside lines of all street pavements. The design and construction of curbs and gutters must conform to the standards set forth in the Village's Subdivision Engineering Specifications Manual.

14.

Street Signs. All street signs and their placement are subject to the standards set forth in the Village's Subdivision Engineering Specifications Manual.

15.

Guardrails. Guardrails must be placed along the shoulder of any roadway as set forth by the county superintendent of highways or the Village.

D.

Sidewalks and Pedestrian Ways.

1.

Requirements for Sidewalks and Pedestrian Ways. Sidewalks must be at least five feet wide and located one foot off the property line. Pedestrian ways may be located one foot off of the property line within the right-of-way or within a pedestrian way easement adjacent the right-of-way.

a.

Residential Subdivisions: Sidewalks are required on both sides of all streets.

b.

Business and Office Districts: Sidewalks are required on both sides of all streets.

c.

Industrial Districts: The decision for providing sidewalks in industrial districts rests with the Board of Trustees.

d.

Pedestrian ways or sidewalks may be required by the Village through the center of blocks more than 900 feet long, where deemed essential to provide circulation of access to schools, playgrounds, shopping centers, transportation, and other community facilities. Pedestrian ways or sidewalks shall be located within a right-of-way or easement at least ten feet in width.

2.

Design and Construction Standards. The design and construction of sidewalks and pedestrian ways must conform to the standards set forth in the Village's Subdivision Engineering Specifications Manual.

E.

Street Lighting.

1.

General. Street lighting must be provided throughout the subdivision by the subdivider.

2.

Location. All street intersections, cul-de-sacs and "T" turnarounds must be illuminated by lighting systems as required by the Village's street lighting regulations set forth in the Village's Subdivision Engineering Specifications Manual.

F.

Parkway Grading, Landscaping and Trees. Parkway grading, landscaping, and trees must conform to the standards set forth in the Village's Subdivision Engineering Specifications Manual.

G.

Public Utilities. All utility lines for telephone, electric service, and cable television must be placed underground entirely throughout a subdivided area. The conduits or cables must be placed within easements or dedicated public ways, in a manner which will not conflict with other underground services. Further, all transformer boxes must be located so as not to be unsightly or hazardous to the public. The utility lines must be parallel to and not less than 12 inches from the property lines. Corner property markers shall not be disturbed by the installation of utility lines.

H.

Grading. The excavation of, the filling of, or any combination thereof of any lot or parcel of any subdivision must be in accordance with an approved grading plan submitted as part of the engineering plans of the subdivision. The grading plan must contain the Surface Water Drainage Certificate and once approved shall be submitted to the Village on a reproducible mylar at the same scale as the Final Plat. Contents of the grading plan and grading standards must conform to the standards set forth in the Village's Engineering Specifications Manual. In those cases where conditions, in the opinion of the Village Engineer, do not permit compliance with the approved grading plan, a revised grading plan must be submitted to the Village in the same detail as the original submission requires. In the case of those parcels that need additional detail, the same shall be provided as required by the Village Engineer.

I.

Storm Sewer System.

1.

General. An adequate system of storm water drainage facilities and improvements must be constructed and installed, consisting of pipes, storm water detention facilities, tiles, swales, manholes, inlets and other necessary facilities, that will adequately drain the subdivision and protect roadway pavements and buildings from flooding. The storm water drainage system must be in compliance with other ordinances enacted by the Village and subject to the approval by the Village Engineer. The design and construction of storm sewer drainage and detention improvements must conform to the standards set forth in the Village's Subdivision Engineering Specifications Manual.

2.

Required Storm Water Management Facilities. The controlled release and storage of excess storm water runoff will be required in combination for all commercial and industrial development sites and for all residential development sites which exceed one acre in gross area, including rights-of-way, easements, and other dedicated lands. Any exceptions shall be evidenced by a prepared engineering drainage study subject to approval by the Village Engineer.

3.

Submittal of Computations at Preliminary Plat. Computations for the storm sewer system for on-site and off-site drainage must be presented with the preliminary plat for approval. Whenever any stream or important surface drainage course is located in any area which is being subdivided, the subdivider must reserve an adequate drainage right-of-way as determined by the Village or other authority having jurisdiction along each side of the stream for the purpose of widening, deepening, sloping, improving, or protecting the stream.

4.

Compensatory Storage. Where developments form only a portion of a watershed or contain portions of several watersheds, the requirements for providing storage will be based upon that proportion of the area being developed in a watershed, but if necessary to preserve an existing storage function for that watershed or those watersheds, the Village may require adequate compensatory storage if that existing storage would be eliminated.

5.

Sequence of Construction. The facilities for storm water runoff control must be constructed prior to any site grading, street or drainage construction and shall include provisions for siltation control.

J.

Flood Plain Regulations. All foundation elevations, proposed grading, storm water management facilities and structures must be designed and constructed in conformance with the Village of Gilberts Flood Plain Ordinance.

K.

Field Drain Tile Survey. The submission of engineering drawings must include a completed survey of field drain tiles within the proposed subdivision and drawings and specifications of proposed improvements to redirect drain tiles around conflicting improvements. The survey must include pipe sizes and depths and shall be in accordance with current Kane County ordinances.

L.

Wastewater Facilities.

1.

Private disposal systems located on individual lots must conform to Village of Gilberts and Illinois Department of Public Health Standards.

2.

Wastewater disposal systems servicing a population equivalent of 15 of more must conform to Village of Gilberts and the Illinois Environmental Protection Agency standards and regulations.

3.

Sanitary Sewers.

a.

When any part of the subdivision is located within 1,500 feet of an existing Village of Gilberts owned sanitary sewer main and if capacity exists within the sanitary sewer mains, pumping stations and force mains, and treatment facilities, sanitary sewer mains must be constructed throughout the entire subdivision in such a manner as to serve adequately all lots and tracts with connection to the public system.

b.

The design and construction of storm sewer drainage and detention improvements must conform to the standards set forth in the Village's Subdivision Engineering Specifications Manual.

c.

Five sets of the application for IEPA construction and operation permit must be completed by the subdivider and submitted to the Village for review and execution. Upon execution by the Village, the subdivider will be responsible to submit the required documents to IEPA for its review.

d.

All sanitary sewer systems must extend to the furthest limits of the property lines of the tract.

M.

Water Facilities.

1.

The design and construction of storm sewer drainage and detention improvements must conform to the standards set forth in the Village's Subdivision Engineering Specifications Manual.

2.

At least five sets of the completed Illinois Environmental Protection Agency (IEPA) application for water main extensions must be submitted to the Village at the same time as submittal of the final engineering plans and specifications of the subdivision improvements.

3.

All water main and appurtenances must extend to the furthest limits of the tract.

N.

House Services.

1.

House water and sewer services must be constructed to connect with the utility service mains constructed within any street or thoroughfare, to serve each adjoining lot, tract or building site; such house services shall extend from the main to a point at least two feet beyond the property line of the property to be served.

2.

All house services connected with utility mains constructed within any street or thoroughfare must be located at the approximate center line of each lot. All services boxes must be adjusted to finished grade prior to acceptance by the Village.

3.

Upon completion of the in-place construction of all house service connections with utility mains, ten copies of an accurate map or maps showing the exact locations of all mains, together with manholes, water valves, B-boxes, and other similar facilities being a part thereof, by distances in feet from street lines, and of all house connections in distances in feet from the side lot lines, approved by the Village Engineer, must be filed in the office of the Village Clerk.

A.

General Considerations.

1.

The subdivider must be represented by a project engineer to observe the construction of the public improvements, to certify construction in conformance with the approved improvement plans, to review and certify the quantities of work items on any reductions in the constructing guarantee, witness required tests in the presence of the Village Engineer, and to prepare record drawings. All inspection reports of the project engineer and test results must be submitted to the Village on a weekly basis.

2.

The Village Engineer will conduct periodic observations of the public improvements, witness the tests of the public improvements, review and recommend action relative to construction guarantee, advise the Village of potential problems, conduct semifinal and final inspections of the improvements. The subdivider must reimburse the Village for all services and costs of the Village Engineer incurred by the Village. If the Village determines through periodic observations of construction by the Village Engineer or unsatisfactory test results that insufficient inspections by the project engineer were being conducted, the Village will authorize the Village Engineer to conduct resident project representative services with all costs reimbursed by the subdivider to the Village. Prior to initiating the resident project representative services, the subdivider and Village will meet to discuss the procedures.

B.

Preconstruction Meeting. Prior to beginning the installation of any improvements, the subdivider, the project engineer, and general contractor will attend a pre-construction meeting with Village staff, Village Engineer and the appropriate highway authorities. The purpose of the meeting is to review acceptable site development and constructing practices in accordance with the construction control plan and Village ordinances and policies. Following the pre-construction meeting and posting of construction guarantee, the subdivider may begin construction of land improvements.

C.

Limited Completion Time of Public Improvements. Construction of all required improvements must be completed within two years from the date of final plat approval unless good cause can be shown to the Village Board for granting an extension of time. A request for an extension will not halt the running of the two-year period. No extension will be granted unless adequate guarantee collateral has been received and approved by the Village Board.

A.

General Requirement. The applicant must submit to the Village security for the public and other improvements required for the new subdivision in accordance with the requirements of this section.

B.

Amount of Performance Security. Prior to the issuance of any building permit or commencement of any construction on the property, the applicant must deliver to the Village performance security, in a form approved by the Village Attorney and issued by a financial institution acceptable to the Village, in the amount of 110 percent of (1) the Village Engineer's estimate of the costs for constructing and installing all of the public and other required improvements or (2) the actual cost as shown by all contracts for construction and installation of all of the public and other required improvements, whichever is greater. The performance security is for the purpose of insuring the construction of all of the public and other required improvements in accordance with the final engineering plans and all applicable requirements of law.

C.

Terms of Performance Security. The performance security shall remain in effect at all times until all of the public and other required improvements have been approved by the Village Engineer and the public improvements have been accepted by the Village pursuant to section 12-7. If the public and other required improvements have not been completed and accepted or approved by the Village 30 days prior to the date on which the security by its terms is to expire, then the applicant must deliver on or before that date replacement security which by its terms shall extend through the date the public and other required improvements are accepted or approved by the Village. If the applicant fails to so deliver the security, then the Village has the right at that time, without prior notice to applicant, to draw down the full amount of the existing security.

D.

Draw on Performance Security. If the applicant fails or refuses to complete the construction of any of the public or other required improvements covered by the performance security, or fails to correct any defect or deficiency in the improvements upon request by the Village, or fails to increase the security upon the Village's request, or in any other manner fails or refuses to meet fully the obligations under the performance security, or the applicable annexation or development agreement or other approval, then the Village may, in its sole and absolute discretion, draw on or retain all or any part of the performance security.

E.

Partial Reduction or Increase of Performance Security. The applicant may make a written request to the Village Engineer to partially reduce the amount of the approved performance security. The Village Engineer is authorized to recommend to the Village Board approval of a partial reduction in the amount of the performance security, provided that the public and other required improvements for which the reduction is sought have been completed, inspected, and approved by the Village Engineer. In no event will the amount of the performance security be reduced to a level that (i) would not allow the Village to complete the installation of the public and other improvements required for the subdivision, in the sole and absolute opinion of the Village Engineer or (ii) is less than the guaranty security required by section 12-8. In the event that the Village determines that the performance security is not sufficient to cover the costs of the remaining public improvements, the applicant shall be required to increase the amount of the performance security in an amount determined by the Village to secure the remaining public improvements.

F.

Release of Performance Security. Following the Village Engineer's certification that all public and other required improvements included in the security have been completed to the satisfaction of the Village Engineer, and the Village's acceptance of all public improvements in accordance with all requirements of section 12-7 including without limitation the delivery of satisfactory guaranty security or all public improvements, the Village will release the security.

The public and other required improvements will not be deemed completed until the Village Engineer, or the Village's appointed inspector, has inspected the public and other required improvements, determined that the approved engineering plans have been satisfactorily implemented, and has issued a written declaration of completion to the applicant. Upon written request from the applicant, and promptly thereafter, at a time mutually agreeable to applicant and the Village Engineer or its appointed inspector, the Village Engineer or its appointed inspector shall inspect the public and other required improvements and report its findings as to acceptability and completeness to applicant. The Village Engineer will prepare a punch list of items, if any, to be performed or corrected and shall fix a time within which applicant shall perform or correct the items listed thereon. Following applicant's performance or correction of these items, the Village Engineer or its appointed inspector will make another review of the public and other required improvements, and either issue a written declaration declaring the public and other required improvements to be complete or present another punch list to the applicant.

The acceptance of the public improvements will be made only by the adoption of a resolution by the board of trustees of the Village after there has been filed with the Village a certification by the Village Engineer stating that (i) the public and other required improvements have been completed and the public improvements are in all respects in satisfactory condition for acceptance, (ii) "as-built" plans of the public improvements constructed have been received, (iii) satisfactory guaranty security for the public improvements has been delivered to the Village in accordance with this chapter; and (iv) all surveying monuments have been placed and after the applicant has paid to the Village all monies due and owing by the applicant to the Village. Further, the Village will have no obligation to accept the public improvements if the applicant has failed in any respect to comply strictly with this chapter. Prior to acceptance of the public improvements, the applicant will, at applicant's own cost and expense, remove, discharge, or otherwise dispose of any and all liens and other encumbrances on the public improvements. The applicant must convey and transfer title to the public improvements by bill of sale to the Village. The applicant must deliver these documents to the Village, together with any other documents deemed necessary by the Village, including, without limitation, non-exclusive easements on, over, and across the property to enable the Village to access the public improvements. All documents must be acceptable to the Village in form and substance.

The applicant must provide to the Village guaranty security, in an amount equal to not less than ten percent of the actual cost of construction of all the public improvements, the form and substance of which shall be acceptable to the Village. The guarantee security will insure the Village against any defects in the work performed and materials used in the construction of the public improvements for two years after the Village's acceptance of the public improvements. The security, as approved by the Village, must be delivered to the Village prior to acceptance of the public improvements.

A.

Conditions of Issuance of Building Permits. No building permit may be issued for any building unit in a subdivision until there has been filed with the Zoning Administrator, a certified copy of the plat of subdivision as recorded or registered in the Office of the Recorder of Deeds. Nor shall a building permit be issued for the improvement of any building unit until the improvement plans have been approved by the Village Board, until construction guarantee approved by the Village Board as provided by this ordinance is posted with the Village, and until the final plat has been recorded.

B.

Occupancy Permit. No occupancy permit may be granted by any governing official for use on any structure within a subdivision approved for platting or replatting until:

1.

An occupancy survey has been prepared and approved by the Village.

2.

Utility facilities have been installed, tested, certified by the project engineer for compliance with this ordinance, operating permits have been received from appropriate agencies having authority, and ready to serve property, and

3.

Street improvements have been constructed, tested, certified by project engineer for compliance with this ordinance, and ready to provide access to the subject lot or lots.

C.

Enforcement. No plat of any subdivision will be entitled to record in the County Recorder's Office or have any validity until it shall have been approved in the manner prescribed herein.

D.

Record of Plats. After the final plat has been recorded, a reproducible copy of the plat must be provided for the permanent Village records.

A.

Intent. As a condition of approval of a final plat of subdivision, final plat of a planned development, or annexation agreement, as the case may be, each subdivider or developer will be required to dedicate land for library, park, recreational, fire/rescue, police/public safety, Village administration facilities and school purposes to serve the immediate and future needs of the residents of the development, or shall be required to make a cash contribution in lieu of actual land dedication, or a combination of both, at the option of the Village, with the concurrence of the affected district or districts, which concurrence shall be obtained in writing. However, the Village will have the final decision making power in this regard. Land dedication sites may be made to the Village or to the applicable district at the discretion of the Village board. The dedications and cash contributions required hereunder will be made in accordance with the criteria and formulas herein as to property now within the corporate limits of the Village. Property which hereafter is annexed to the Village will be subject to those dedications and cash contributions as may be negotiated from time to time and included in an annexation agreement. The provisions of this chapter may provide a guide for the negotiations, but there may be increases or decreases in the dedications and cash contributions herein provided based on the overall circumstances which are applicable.

B.

School Site Dedications.

1.

Requirement and Population Ratio. The ultimate number of students to be generated by a subdivision or planned development will bear directly on the amount of land required to be dedicated for school sites. The land dedication requirement will be determined by obtaining the ratio of 1) estimated children to be served in each such school classification over the 2) maximum recommended number of students to be served in each such school classification as stated herein, and then applying such ratio to 3) the appropriate number of acres for a school site of each such school classification as stated herein. The product thereof will be the acres of land deemed needed to have sufficient land for school sites to serve the estimated increase in number of students for each such school classification.

2.

School Classifications and Size of School Site.

a.

The requirements for acreage are based upon a review of available data studies and literature on the subject including, but not limited to, information provided by the state superintendent of education and the unique characteristics of the Village, including its general rural character and open spaces, and the desire of the residents to maintain this character and open space in future school sites.

b.

These requirements for acreage are presumed to be the appropriate acreage requirements and will be used in calculating any cash in lieu of land dedication unless timely objected to pursuant to this chapter.

c.

Objections to this section must be made in accordance with this chapter. Failure to timely object to these requirements will thereafter waive any right to raise an objection at a later time.

d.

School classifications and size of school sites within the Village will be determined in accordance with the following criteria:

LOCAL SCHOOL DISTRICT CRITERIA

3.

Location. The comprehensive school plan and/or the standards adopted by the affected school district will be used as a guideline in locating sites. School sites shall be located in the Village in accordance with plans adopted by the school district. If the school district has not planned a school site within the Village or the proposed subdivision or planned development, or in the neighborhood in which such subdivision or planned development is located, the school site will be located to be readily accessible to the greatest number of children projected for such neighborhood.

4.

Table of Estimated Population Per Dwelling Unit. The following table will be used in connection with the provisions of this chapter:

Copyright 1996-Illinois School Consulting Service, Associated Municipal Consultants. Inc. Naperville, Illinois

C.

Park and Recreation Land Dedications. Dedication is required to the applicable park district if one is created or to the Village park fund if park facilities are provided by the Village, as a condition of approval of a final plat of subdivision or of a final plat of a planned development.

1.

Land Suitability. The land for park and recreational dedications must be suitable for the purpose for which it is intended. Land set aside by developers for parks, recreation and conservation purposes will not be what is "left over" after residential, commercial and industrial development.

2.

Requirement and Population Ratio.

a.

The ultimate density of a proposed development must bear directly on the amount of land required for dedication for park and recreational purposes. The total requirement will be 15 acres of land per 1,000 of ultimate population and may be allocated by the Village Board, at its discretion, based upon the following criteria:

b.

These requirements for acreage are based upon the comprehensive plan of the Village, a review of available data studies and literature on the subject including, but not limited to, the National Recreation and Park Association's "Recreation, Park And Open Space Standards And Guidelines, 1990", as amended from time-to-time. These requirements are presumed the appropriate acreage requirements and will be used in calculating any cash in lieu of land dedication herein unless timely objected to as provided herein. Objections to this section must be made in accordance with this chapter. Failure to timely object to these requirements will thereafter waive any right to raise an objection at a later time.

3.

Location. The park and recreation plans, as adopted by the Village comprehensive plan, will be used as a guideline in locating sites. A central location that will serve equally the entire development or a location that is adjacent to existing park and recreational land is most desirable. In large developments, these sites can be located throughout the development according to established standards for park area distances.

D.

Fire/Rescue Capital Facilities Contributions and Site Dedication.

1.

Requirement and Population Ratio.

a.

The development of new subdivisions and planned developments increases the demands upon the existing fire/rescue protection service provided by the Village in a proportionate and ascertainable manner and create the need for additional fire/rescue, firehouse and training sites. Studies reveal the need to develop additional fire/rescue protection services. Therefore, as a condition of approval of a final plat of subdivision or of a final plat of a planned development in connection with the approval of an annexation agreement, each developer or subdivider will be required to dedicate land for fire/rescue facilities to serve the immediate and future needs of the residents of the development or shall be required to make a cash contribution in lieu of actual land dedication.

b.

The ultimate density of a proposed development shall bear directly on the amount of land required for a fire/rescue site dedication. The Village hereby finds that the total requirement shall be three acres of land per 10,000 of ultimate population. This requirement is based upon a review of available data as well as the respective fire protection district's own internal examination of fire/rescue utilization and needs.

c.

This contribution and/or dedication is based upon a review of available data, studies and literature including, but not limited to, the requirements of surrounding communities. They are presumed to be correct and accurate and will be used in calculating cash contributions unless timely objected to as provided in this chapter. Objections to this section must be made in accordance with this chapter. Failure to timely object to these requirements will thereafter waive any right to raise an objection at a later time.

2.

Location. The location of any new fire/rescue facility and/or training site will be determined by the appropriate fire protection district in consultation with the Village.

E.

Library Site Dedication. Dedication is required to the applicable library district as a condition of approval of a final plat of subdivision or of a final plat of a planned development in connection with the approval of an annexation agreement.

1.

Requirement and Population Ratio.

a.

The ultimate density of a proposed development shall bear directly on the amount of land required for dedication. New development and increased population create greater demands for adequate and efficient library services to meet the educational, cultural and recreational needs of the citizenry. They create the need for additional library facilities. The Village hereby finds that the total requirement shall be 2½ acres of land per 10,000 of ultimate population.

b.

These requirements are based upon a review of available data, studies and literature on the subject, as well as the library district's own internal examination of library utilization and needs. They shall be presumed as the appropriate acreage requirements and shall be used in calculating any cash in lieu of land contribution herein unless timely objected to as provided in this chapter. Objections to this section must be made in accordance with this chapter. Failure to timely object to these requirements will thereafter waive any right to raise an objection at a later time.

2.

Location. The location of any new library facility will be determined by the library district after consultation with the Village.

F.

Police/Public Safety Facilities Contributions and Site Dedication.

1.

Requirement and Population Ratio.

a.

The development of new subdivisions and planned developments increases the demands upon the existing police/public safety facilities provided by the Village in a proportionate and ascertainable manner and create the need for additional police/public safety facilities. Studies reveal the need to develop additional police/public safety facilities. Therefore, as a condition of approval of a final plat of subdivision or of a final plat of a planned development in connection with the approval of an annexation agreement, each developer or subdivider will be required to dedicate land for police/public safety facilities to serve the immediate and future needs of the residents of the development or will be required to make a cash contribution in lieu of actual land dedication.

b.

The ultimate density of a proposed development must bear directly on the amount of land required for a police/public safety facilities site dedication. The Village hereby finds that the total requirement will be three acres of land per 10,000 of ultimate population. This requirement is based upon a review of available data as well as the respective police/public safety facilities' own internal examination of police/public safety utilization and needs.

c.

This contribution and/or dedication is based upon a review of available data, studies and literature including, but not limited to, the requirements of surrounding communities. They are presumed to be correct and accurate and will be used in calculating cash contributions herein unless timely objected to as provided herein. Objections to this section must be made in accordance with this chapter. Failure to timely object to these requirements will thereafter waive any right to raise an objection at a later time.

2.

Location. The location of any new police/public safety facility and/or training site will be determined by the Village.

G.

Village Administration Facilities Contributions and Site Dedication.

1.

Requirement and Population Ratio.

a.

The development of new subdivisions and planned developments increases the demands upon the existing Village administration facilities provided by the Village in a proportionate and ascertainable manner and creates the need for additional Village administration facilities. Studies reveal the need to develop additional Village administration facilities. Therefore, as a condition of approval of a final plat of subdivision or of a final plat of a planned development in connection with the approval of an annexation agreement, each developer or subdivider will be required to dedicate land for Village administration facilities to serve the immediate and future needs of the residents of the development or will be required to make a cash contribution in lieu of actual land dedication.

b.

The ultimate density of a proposed development shall bear directly on the amount of land required for a Village administration facilities site dedication. The Village hereby finds that the total requirement will be three acres of land per 10,000 of ultimate population. This requirement is based upon a review of available data as well as the respective Village administration facilities' own internal examination of Village administration utilization and needs.

c.

This contribution and/or dedication is based upon a review of available data, studies and literature including, but not limited to, the requirements of surrounding communities. They are presumed to be correct and accurate and will be used in calculating cash contributions herein unless timely objected to as provided herein. Objections to this section must be made in accordance with this chapter. Failure to timely object to these requirements will thereafter waive any right to raise an objection at a later time.

2.

Location. The location of any new Village administration site will be determined by the Village.

H.

Cash Contribution in Lieu of Land Dedication.

1.

When Permitted. When the development is small and the resulting site is too small for land dedication to be practical, or when the available land is inappropriate for park and recreational purposes or school, fire/rescue or library sites, or is in conflict with the approved comprehensive school plan, the Village, with the concurrence of the affected district, will require the subdivider or developer to pay a cash contribution in lieu of the land dedication.

2.

Monies Held In Trust.

a.

School Sites. The cash contribution in lieu of dedication of school sites will be held in trust by the Village for the applicable school district or other public body designated by the benefiting school district and shall be used for the acquisition of land for school sites to serve the immediate or future needs of children from that subdivision or development or for the expansion of any existing school site that already serves such needs or for any other lawful school purpose.

b.

Park and Recreation Land. The cash contribution in lieu of park and recreation land dedication shall be held in trust by the Village and will be used solely for the acquisition of park and recreation land as classified in this chapter, which will be available to serve the immediate or future needs of the residents of that subdivision or development, or for the expansion of other existing local park and recreation lands that already serve such needs, or for any other lawful park purpose, or for any park purpose agreed to by the subdivider or developer at the time of platting.

c.

Library Sites. The cash contribution in lieu of a library site dedication will be held in trust by the Village for the library district and will be used for the acquisition of library land as required herein, which will be available to serve the immediate or future needs of the residents of that subdivision or development, or for the expansion of existing or proposed library facilities that already serve or will serve such needs, or for any other lawful purpose agreed to by the subdivider or developer at the time of platting.

d.

Fire/Rescue Sites. The cash contribution in lieu of a fire/rescue site will be held in trust by the Village for the applicable fire protection district and will be used for the acquisition of land for fire/rescue facilities or training sites to serve the immediate and future needs of the residents of that subdivision or development, or for the expansion of any other existing fire station or training site that already serves such needs, or for any other lawful fire/rescue purpose agreed to by the subdivider or developer at the time of platting.

e.

Police/Public Safety Sites. The cash contribution in lieu of police/public safety sites will be held in trust by the Village and will be used for the acquisition of land for police/public safety facilities sites to serve the immediate and future needs of the residents of that subdivision or development, or for the expansion of any other existing police/public safety site that already serves such needs, or for any other lawful police/public safety purpose agreed to by the subdivider or developer at the time of platting.

f.

Village Administration Sites. The cash contribution in lieu of Village administration sites will be held in trust by the Village and will be used for the acquisition of land for Village administration facilities to serve the immediate and future needs of the residents of that subdivision or development, or for the expansion of the existing Village administration site that already serves such needs, or for any other Village administration purpose agreed to by the subdivider or developer at the time of platting.

3.

Refunds. If any portion of a cash contribution in lieu of park and recreation or fire/rescue land dedication or dedication of library and/or school sites or police/public safety or Village administration sites is not expended for the purposes set forth in this chapter within 13 years from the date of receipt, it will be refunded by the entity holding the contribution to the record owner of the subdivided land at the time of the refund. If there is more than one record owner of the subdivided land or of the land that comprises the planned development, as applicable, the record will shall share in the refund, pro rata, based on the cash contributions originally paid by each property.

4.

Contributions Based On Fair Market Value.

a.

The cash contributions in lieu of land will be based on the "fair market value" of the acres of land in the area that otherwise would have been dedicated as park and recreation, library, fire/rescue and school sites. The fair market value, on a per acre basis, will assume, unless determined otherwise pursuant to this chapter, that the land is zoned in a one-family dwelling residential zoning district, subdivided with appropriate frontage on a dedicated street or road, has all appropriate utilities available, is improved as set forth herein, and is otherwise property capable of being used for residential development.

b.

Based upon a study of comparable real estate transactions, the Village has determined the present "fair market value" of improved land in and surrounding the Village, as set forth in the Village's fee regulations in chapter 4 of title 2 of this code. The fair market value as provided in this section will be adjusted annually according to the "CPI". In addition, the fair market value may be re-established from time to time after appropriate study and documentation.

c.

Objections to the "fair market value must be made to the Village as provided by this chapter. Failure to timely object to these requirements will thereafter waive any right to raise an objection at a later time.

I.

Land Dedication and Cash Contribution. There will be situations in subdivisions or planned developments when a combination of land dedication and a cash contribution in lieu of land are both necessary. These occasions will arise when: a) only a portion of the land to be developed is proposed as the location for a library, park, fire/rescue, police/public safety, Village administration or school site (that portion of the land within the subdivision falling within the library, park, fire/rescue, police/public safety, Village administration or school location shall be dedicated as a site as stated above, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated); or b) a major part of the local library, park, fire/rescue, police/public safety, Village administration or school site has already been acquired by the particular district or Village, and only a small portion of land is needed from the development to complete the site (the remaining portion shall be required by dedication, and a cash contribution in lieu thereof for the rest of the required land shall be required).

J.

Density Formula.

1.

The "Table Of Estimated Ultimate Population Per Dwelling Unit", prepared by Illinois School Consulting Service/Associated Municipal Consultants, Inc., Naperville, Illinois, and as updated from time to time, constitutes projections of anticipated population density and is generally indicative of current and short range projected trends in family size for new construction and will be used in calculating the amount of required dedication of acres of land or the cash contributions in lieu thereof unless a written objection is filed thereto by the subdivider or developer pursuant to this chapter.

2.

Bedrooms.

a.

The term "a bedroom", as used in this section, means any room, regardless of its designation by the owner or permit applicant, which is suitable to be used regularly as a room for sleeping including, but not limited to, dens, studies, bonus rooms, libraries, television rooms, sewing rooms and similar rooms (all of which are hereafter referred to as "extra rooms"), whether finished or unfinished, located on the bedroom level of a multi-story residence.

b.

Extra rooms located on the non-bedroom level of a multi-story residence will be considered bedrooms if there is a bath on that level containing a shower or tub. Extra rooms in a single story residence will always be considered bedrooms. All such extra rooms will be considered as potential bedrooms and included as bedrooms for the purpose of determining the required size of a septic seepage field of a residence.

3.

The most recent version of the "Table Of Estimated Ultimate Population Per Dwelling Unit" will be used in calculating any cash in lieu of land dedication herein unless objected to as provided in section 11-2-19 of this chapter. Objections to the "Table Of Estimated Ultimate Population Per Dwelling Unit" will be made to the plan commission in accordance with this chapter. Objections to this section shall be made in accordance with this chapter. Failure to timely object to these requirements shall thereafter waive any right to raise an objection at a later time.

4.

In the event a subdivider or developer files a written objection to the "Table Of Estimated Ultimate Population Per Dwelling Unit" listed herein, he or she must submit his own demographic study showing the estimated additional population to be generated from the subdivision or planned development, and in that event, final determination of the density formula will be made in accordance with this chapter.

K.

Reservation of Additional Land.

1.

Required. When the comprehensive plan or the standards of the Village call for a larger amount of park and recreational land or library or school sites in a particular subdivision or planned development than the developer is required to dedicate pursuant to this chapter, the land needed beyond the developer's dedication shall be set aside and reserved by the developer for subsequent purchase by the Village or applicable governmental unit (at a price determined at the time of reservation) or other public body designated by the Village; provided, that acquisition is made within five years from the date of approval of the final plat.

2.

Combining with Adjoining Developments. Where appropriate, a public open space or a school site that is to be dedicated should, if possible, be combined with dedications from adjoining developments in order to produce usable recreation areas and/or school sites without undue hardship on a particular developer.

L.

Topography and Grading.

1.

General Requirements.

a.

The slope, topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purpose.

b.

Wetlands and floodplains may be accepted for Village ownership and maintenance but shall not serve as a credit toward the required park site dedication.

c.

Stormwater detention areas will not be accepted for Village ownership and maintenance, and the portion of a detention area designed to function primarily as a component of the stormwater control system will not serve as a credit toward the required park site dedication.

d.

A park site may be not less than one acre in area.

e.

The Village Board reserves the right, however, in its sole discretion, to accept, in whole or in part, certain areas such as, but not limited to, tree massings, prairie remnants, or other natural features as all or part of the required park site dedication in furtherance of open space preservation that may be unique to a given parcel or development.

f.

Wetlands, floodplains, detention areas, retention areas and areas of steep slope will not be accepted as school, park, fire/rescue or library sites and shall not serve as a credit toward the required school, park, fire/rescue or library site cash contribution in lieu of land dedication.

2.

Additional Requirements. In addition, the following site conditions and preparation standards must be met:

a.

Slope.

(1)

Slopes should not vary greatly in appearance from existing and adjacent slopes;

(2)

Optimum slopes range from two percent minimum to five percent maximum. No less than two percent slope is acceptable under any circumstances;

(3)

Maximum allowable slope is ten percent, except under special conditions where greater slopes are desirable to enhance the use of the site; and

(4)

On site drainage patterns must be designated and constructed to:

(a)

Ensure flow toward swales; and

(b)

Ensure drainage away from active areas.

b.

Grading.

(1)

Rough grading must be completed at the time of rough grading of adjacent contiguous areas;

(2)

Grading must comply with Village approved plans;

(3)

Subgrade must be graded and compacted so it will parallel finished grade;

(4)

Subgrade material must be loosened and fine graded to a depth of two to four inches. All stones over four inches in size, sticks, debris, rubbish and other foreign substances shall be removed; and

(5)

Finished grades must be uniform in slope between points for which elevations have been established.

c.

Soils.

(1)

Soils may not differ from those naturally occurring;

(2)

Soils may not offer any restriction to the ultimate use of the property;

(3)

Topsoil must be spread evenly and lightly compacted to a minimum depth of six inches over the entire site;

(4)

Topsoil must be good, friable soil with good tillage and shall be without any admixture of subsoil, clay, gravel, stones, debris, refuse, sand or other subsurface elements;

(5)

Topsoil may not be placed in a muddy or frozen condition;

(6)

Topsoil may contain no toxic substances which may be harmful to plant growth; and

(7)

Topsoil must be spread no later than the placement of topsoil on the first lot adjacent to the site.

d.

Seeding.

(1)

All proposed library, park and recreational and school sites must be seeded and an acceptable stand of grass or vegetation established prior to dedication of the area to the Village;

(2)

Village approved ground covers and grasses must be used for all park and recreational areas suitable for the nature of the activity planned to occur thereon;

(3)

Seeding must be completed during the fall or spring planting times, depending upon the recommended seed planting specifications;

(4)

Seeding must be on moderately dry soil on a seed bed which will easily accept and nurture germination of seeds;

(5)

Seeding must be watered sufficiently so that the vegetation becomes reasonably established; and

(6)

The developer is responsible for making necessary reparations to the site caused by erosion or other damage. Reparations must be completed prior to acceptance of the site.

M.

Improved Sites.

1.

Utility Services. All sites must be dedicated in a condition ready for full service of electricity, natural gas, telephone and cable television, and streets (including enclosed drainage and curb and gutter, where applicable), as applicable to the location of the site, and must otherwise comply with the requirements of Village ordinances and codes.

2.

Landscaping. The landscaping normally included within the definition of "improved" sites under Village ordinances and codes may be deleted due to the delay time between dedication of any such school site and the construction of school facilities thereon, except for ground cover as required herein.

3.

Access.

a.

The site must have direct access to a fully improved street across at least 20 percent of the distance of its perimeter.

b.

School and park sites should ideally be accessible by a bicycle/pedestrian trail, and any such access route onto the property shall be at least 25 feet wide.

c.

Access routes should normally be dedications and not easements, depending on which entity of government is to be responsible for said routes.

d.

Any vehicular access route leading to or on the site must be of sufficient size and good geometry to properly accommodate vehicles that will access and traverse the site including, but not limited to, good principles of traffic circulation, accommodation of one-way and/or two-way drives for school buses, separation of bus traffic from passenger automobile traffic, bus drop off areas separate from publicly dedicated streets, guest and employee parking areas, and the like.

e.

Off street access routes, drives, drop offs and parking areas will not be dedicated rights of way and shall be the responsibility of the owner of the site to maintain.

N.

Environmental Risk Audit.

1.

Prior to the conveyance of any land to the Village, library district, fire protection district or school district, the intended grantee must be furnished with an environmental risk audit prepared by an environmental professional meeting the minimum requirements of 415 Illinois Compiled Statutes 5/22.2(j)(6)(E)(iii), certified to and acceptable to the grantee, assuring the grantee that there are no "hazardous substances" (as defined in state statute) on, under, to or from the land. Said environmental audit shall be what is commonly referred to as a "phase I environmental audit", which shall meet the minimum requirements for a preacquisition audit as set forth in 415 Illinois Compiled Statutes 5/22.2(j)(6)(E)(v).

2.

In the event the phase I environmental audit does not conclude that there is no presence or likely presence of a release or substantial threat of a release of hazardous substance(s) or pesticide on, under, to or from the land, the grantee must furnish a phase II environmental audit as set forth in 415 ILCS 5/22.2(j)(6)(E)(vi), including a soil toxicity analysis and recommendation from the environmental professional meeting the minimum requirements of 415 ILCS 5/22.2(j)(6)(E)(iii), which concludes that there is no presence or likely presence of a release or substantial threat of a release of hazardous substance(s) on, under, to or from the land, and certifying that, in the judgment of the environmental professional, there is no reasonable probability that the land contains any hazardous substance(s) in violation of any federal or state environmental standards.

3.

In the event the phase II environmental audit and/or soil toxicity analysis discloses the presence or likely presence of a release or a substantial threat of a release of any hazardous substance(s) at, on, under, to or from the land to be conveyed, the grantor must first cause all hazardous substance(s) to be removed, at its sole cost and expense, in accordance with all federal, state and local environmental laws, rules and regulations and furnish the intended grantee with a "no further remediation letter" from the governmental agencies having jurisdiction over the cleanup prior to conveyance of any of the land to the intended grantee.

4.

Prior to the conveyance of the land, the subdivider or developer, as the case may be, and the owner of the land to be conveyed, must execute and deliver to the intended grantee an environmental indemnification agreement, which form has been approved by the Village Attorney, agreeing to defend, indemnify and hold the Village, its corporate authorities, officers, officials, employees, agents, successors and assigns, and any recipient school district, as the case may be, and its respective officers, officials, employees, agents, successors and assigns, harmless from and against any and all liability, claims, damages, causes of action and expenses arising out of the presence of any hazardous substance(s) in, under or upon said land to be conveyed prior to the date of conveyance.

O.

Sustainability of Soils. The subdivider or developer, at its own cost or expense, must provide to the Village, library district, fire protection district or school district soil boring data, soil compaction test results and such other engineering studies, data and information pertaining to the proposed school, library, fire/rescue or park and recreational site which the Village, library district, fire protection district or school district may request to enable it to determine the suitability of the proposed land dedication for library, fire/rescue or school sites or park and recreation purposes. The Village, library district, fire protection district or school district has the right to reject any site which the Village, library district, fire protection district or school district determines, in accordance with sound engineering practices, is not suitable for library site, fire/rescue site, park and recreational site or school site purposes.

P.

Title Insurance, Survey and Assessment Plats.

1.

Required. Each deed or other instrument conveying land to the Village, library district, fire protection district or school district must be accompanied by:

a.

A written commitment issued by a title insurer licensed to do business in the state to insure the grantee's title to such real estate in an amount equal to the value computed pursuant to this chapter, with extended coverage over the general exceptions to this title and subject only to:

(1)

Real estate taxes not yet due and payable;

(2)

Covenants, conditions and restrictions which do not prohibit the use of the subject property for library, school or park and recreational uses;

(3)

Utility easements located within 20 feet of the boundary lines of the subject real estate (except where approved on the final engineering plans approved by the Village Engineer);

(4)

Drainage ditches, feeders and laterals;

(5)

Underground pipe or other conduit; and

(6)

Acts done or suffered by or judgments against the grantees.

b.

A current ALTA boundary line survey, certified to the grantee by a licensed Illinois land surveyor to be in compliance with the "American Land Survey Standards", showing no encroachments; and

c.

Except in instances where the real estate to be conveyed is a lot in a recorded subdivision, an assessment plat and tax division petition in a form acceptable to the appropriate Village authorities so the land to be conveyed can be assigned its own permanent real estate index number (PIN) for exemption purposes.

2.

Monuments. In addition, monuments must be established and the land staked immediately prior to dedication of the property.

3.

Responsibility for Costs. The subdivider or developer must pay for the cost of the owner's title insurance, the ALTA survey, the assessment plat and any and all costs in connection with the tax division.

Q.

Real Estate Tax Escrow. The developer must pay the general real estate taxes on the land not yet due and payable as of the date of transfer, and must deposit a sum of money in escrow with the intended grantee's attorney or a title company licensed to do business in the state of Illinois, which is prorated as of the date of transfer on the basis of 110 percent of the tax assessor's latest assessed valuation, the latest known equalization factors and the latest known tax rate on the land. In the event the previous tax information or the previous tax bill includes other property, then the amount to be deposited in escrow shall be adjusted ratably based on the net acreage of the land compared to the net acreage of the other parcels covered by said tax bills. After the land has been divided for real estate tax purposes and has been conveyed to the intended grantee, the grantee must proceed with due diligence to apply for a real estate tax exemption on the land.

R.

Objections. All objections relating to acreage requirements, presumptions as to fair market value, the "Table Of Estimated Ultimate Population Per Dwelling Unit" or any other application of this section to a particular subdivision or planned development, must first be referred to the plan commission for a hearing. An objection must be made, if at all, prior to the approval of the final plat of subdivision by the Village. A failure to object by that time will constitute a waiver of the right to object to the provisions of this section. The procedure for a hearing before the plan commission will be as follows:

1.

Duties of Plan Commission. The plan commission will serve in an advisory capacity and will have the following duties:

a.

Advise and assist the Village in resolving objections regarding the "Table Of Estimated Ultimate Population Per Dwelling Unit" in this chapter, the size of the school, park, fire/rescue, library, Village administration and police/public safety sites, the fair market value of the land used to calculate the cash contribution or any other application of this section to a particular subdivision or planned development.

b.

The Village will adopt procedural rules to be used by the plan commission in carrying out the duties imposed by this section.

2.

Information and Services Used. The Village shall make available to the plan commission all professional reports relating to the "Table Of Estimated Ultimate Population Per Dwelling Unit", the size of the library, fire/rescue, park, school, Village administration and police/public safety sites and the fair market value of land used in calculating these cash contributions. The plan commission may also retain the services of professionals (attorneys, appraisers, statisticians, etc.) to assist in its review of issues raised by any objection.

3.

Procedure.

a.

Village Board Agenda Item; Forward To Plan Commission. Upon receipt of an objection, the Village Clerk will place the same on the next regular meeting agenda of the Village Board. Thereafter, the Village Board will refer the objection to the plan commission which will establish a hearing date.

b.

Notice Requirements.

(1)

The plan commission shall provide public notice of the hearing date to consider the objection and shall notify the Village Board and the affected library, fire protection and school district sites, Village Administration and police/public safety by certified mail, return receipt requested, of the filing of the objection and of any hearing regarding same.

(2)

The objector will publish notice of the hearing date once each week for three consecutive weeks, at least 30 days before, but no more than 60 days before, the scheduled date of the hearing. Notice shall be published in a newspaper of general circulation within the corporate limits of the Village.

(3)

The notice must contain all of the following information:

(a)

The heading shall read: "NOTICE OF PUBLIC HEARING ON OBJECTION TO APPLICATION OF ORDINANCE REQUIRING THE DEDICATION OF PARK LANDS, LIBRARY SITES, FIRE/RESCUE SITES, SCHOOL SITES, VILLAGE ADMINISTRATION SITES, OR POLICE/PUBLIC SAFETY SITES OR PAYMENT OF THE CASH CONTRIBUTIONS IN LIEU THEREOF".

(b)

The date, time and location of the public hearing.

(c)

A statement that the purpose of the hearing is to consider the objection to a component of the application of this chapter requiring the dedication of park lands, library sites, school sites, fire/rescue sites, Village administration sites, or police/public safety sites or calculation of cash in lieu thereof.

(d)

A general description of the parcel(s), service area or areas within the Village that are the subject of the hearing.

(e)

A statement that the Village will make available to the public, upon request, an easily understandable and detailed map of the parcel(s), service area or areas to which this chapter applies, and any other available information about the objection.

(f)

A statement that any member of the public affected by this chapter or the parcel(s) or service area has the right to appear at the public hearing and present testimony and/or evidence in support of or against the objection.)

c.

Public Hearing. A public hearing will be held for the consideration of the objection. In addition to the Village, any affected library district, school district, fire/rescue provider, Village Administration, police/public safety and park lands will be allowed to participate in the hearing as a party thereto to present evidence, cross examine witnesses and make arguments to the plan commission regarding the issues raised in the objection.

d.

Plan Commission Recommendation. The plan commission will make a recommendation to adopt, reject, in whole or in part, or modify the objection presented at the hearing, by written report to the Village, within 60 days after the hearing.

e.

Village Board Decision. The Village will then have at least 60 but not more than 120 days to approve, disapprove or modify, by ordinance or resolution, the findings in this chapter as it pertains to the development in question.

4.

Costs and Fees. The objector must bear all costs of the hearing before the plan commission including, but not limited to, attendance fees paid the plan commission members, publication costs, professional consultant costs and any other expenses of the Village. Before a hearing date is set, the objector must deposit with the Village a $10,000.00 escrow to cover these costs which shall be replenished when the balance reaches $2,000.00, or no less than monthly, by the objector after payment of any outstanding expenses incurred by the Village. Failure to promptly replenish the escrow will be cause to stay or defer any hearings, meetings or actions by the Village.

S.

Application to Annexations. The dedications of land or cash contributions in lieu required by this chapter will also be required as a condition to the annexation of any land to the Village, and provisions for the dedications or cash contributions will, at a minimum, be incorporated in any annexation or preannexation agreement governing the land. However, in the event of annexation, the Village reserves the right to negotiate dedications of land or cash contributions in lieu of land or any combination greater than those set forth in this chapter.

T.

Indemnification Agreement. As a condition to the Village distributing land dedications and/or cash contributions in lieu thereof, the appropriate district must execute an indemnification agreement in the form and substance acceptable to the Village.

U.

Distribution of Dedications and Contributions.

1.

The cash contribution in lieu of land dedication imposed by this chapter will be collected by the Village and distributed to the benefiting district to be used for the purposes set forth in this chapter, as determined by the Village on a quarterly basis, provided the criteria in this chapter have been met.

2.

As a condition of distribution of the land dedications and/or cash contributions in lieu of land dedications, the Village will require that the library district, police/public safety, Village Administration, fire/rescue provider, school district or park and recreation district benefiting from the land dedications and/or cash contributions conduct a needs assessment and adopt a plan for acquisition of land and capital facilities needed to accommodate growth.

V.

Needs Assessment and Acquisition Plan.

1.

Needs Assessment. A needs assessment must contain the following information for each benefiting district:

a.

A description of the nature and location of existing park, library, fire/rescue and school lands and existing park, school, library, fire/rescue, police/public safety, Village administration facility and capital facilities within each district.

b.

An identification of the capacity of each school building, fire/rescue facility, police/public safety facility, Village administration facility, library facility or park site within the particular district and of the number of students then enrolled in each school building.

c.

A projection of the character and location of new development that is expected to occur within each district or the Village during the succeeding ten-year period. The district or Village may obtain the information necessary to make this projection from sources such as, but not limited to, municipalities, other units of government, agencies and consultants.

d.

An identification of the amount of lands that will be necessary within each district and the Village in order to accommodate the demands of such projected new development, and an estimate of the public grounds acquisition costs that will be incurred or have been incurred by each district in acquiring such lands.

e.

A general description of each classification of capital facilities (including construction, expansion or enhancement of any public facilities and the land improvement, design, engineering and professional costs related thereto) that will be necessary within each district in order to provide adequate capacity for the projected new development, and an estimate of the capital facilities costs that will be incurred by each district in constructing such capital facilities.

2.

Acquisition Plan. Based upon the needs assessment, the school district, fire/rescue district, Village or library district must provide the Village an acquisition plan for lands and capital facilities. This acquisition plan must:

a.

Project, for a planning period of at least five years, the need for land and capital facilities within the district or Village.

b.

Set forth a schedule for the acquisition of such land and facilities to meet the projected need (which schedule may be conditioned upon the availability of financing).

c.

Indicate the size and general location of the needed land and facilities.

d.

Identify the estimated or incurred costs of acquiring such needed land and facilities.

e.

Set forth the anticipated funding sources for the acquisition of such needed land and facilities.

f.

Determine the feasibility of acquiring the needed land and facilities based upon the district's current financial condition.

g.

Determine the feasibility of acquiring the needed land and facilities based upon the district or Village estimate of the revenues (including, without limitation, cash in lieu of land dedication required by this section) pursuant to the plan.

h.

The impact on property taxes in the Village, assuming the plan is implemented.

3.

Updated Assessment and Plan. If the Village deems it necessary, it may require an updated needs assessment and plan for acquisition of land and capital facilities from the district annually. The failure to require an assessment update shall not invalidate the requirements of this section.

W.

Time of Payment.

1.

All land dedications and cash contributions imposed by this chapter are due and payable upon final plat approval. However, the Village may agree that the payment of the cash contributions may be made at the time of building permit issuance, in consideration of which, the subdivider or developer must execute an agreement with the Village, agreeing that the cash contributions payable will be adjusted in accordance with the requirements herein, and further agreeing that the cash contributions may be expended for the purposes described in said agreement.

2.

In calculating the fee at the time of platting, the Village will assume the maximum density permitted under the zoning classification approved pursuant to the table provided in this chapter. For example, if the subdivision in question is zoned single-family, the Village will assume, for purposes of calculating fees payable pursuant to this chapter, that all houses will have five bedrooms. The Village will then hold sufficient funds, pending issuance of the building permit, to enable the Village to refund any overpayments resulting from the fact that houses with less than five bedrooms are constructed. Refunds shall be made at the time of issuance of the building permit.