The layout, design and engineering of all subdivision improvements shall comply with the provisions of this chapter and all other applicable county, state and federal requirements. Whenever a permit, certificate or approval is established or required by this chapter for any use or structure, the permit, certificate or approval shall not beissued to any lot or part of a lot which the Plat Act (765 ILCS 205/0.01 et seq.) requires to have been created by a plat but which was created in violation of that Act.

(Ord., § 10.1, passed 10-13-2009)

   This section sets out the review and approval procedures for subdividing land (Subdivisions).

   (A)   General. The “general” procedural requirements and standards of § 151.045 shall apply to the subdivision procedures of this section.

   (B)   Subdivision types. 

      (1)   Major subdivision. Application that involves the creation of more than five lots.

      (2)   Minor subdivision. Application that involves the creation of five or fewer lots. (See § 151.187, panhandle lot subdivision, a type of minor subdivision.)

      (3)   Lot split. Application that involves:

         (a)   The division of a single lot or parcel into no more than two lots, provided that the division does not involve any new streets or easements of access. In instances where a new street or easement of access is created, the subdivision shall be processed as a minor subdivision;

         (b)   The adjustment or movement of a common boundary line between conforming lots that does not create any additional lots, provided the lots are under common ownership.

      (4)   Plat amendment. A modification of a portion of a recorded final plat of subdivision that does not result in any additional lots. Examples include: reconfiguring existing lots (also defined as a resubdivision), changing lot or open space boundaries, combining conforming lots, adjusting or the vacation of easements.

(Ord., § 10.2, passed 10-13-2009)

   (A)   Criteria for approval. A panhandle subdivision shall be permitted only when the subdivision complies with the following standards.

      (1)   The parcel displays unusual topography or has sufficient area but has insufficient width on a street and therefore is unable to be subdivided to the extent provided for in this chapter;

      (2)   All lots to be created are to be used solely for detached house (single family residential) purposes;

      (3)   No more than three lots will be created by the subdivision;

      (4)   Development of the subdivision, including the location, length, and width of the access streets, shall not be detrimental to nor hinder the future development of any adjoining parcels or the general area;

      (5)   The private street contained within the subdivision shall take access to a public street which is or will be in the jurisdiction of a public roadway authority.

   (B)   Access.

      (1)   Access to all lots shall be provided by a private street constructed in accordance with § 151.194.

      (2)   The private street shall be for the benefit of all adjoining property owners in the subdivision. All beneficiaries of the private street shall consent to the future improvement and dedication of the private street for future public road purposes.

      (3)   Where adjoining parcels are unsubdivided or of a similar character, the Planning, Building and Zoning Committee may require the street to be located along the common property line and may also require the street to extend the full length of the property. The Planning, Building and Zoning Committee may require the street to be dedicated and improved to standards required for a publicly dedicated street.

      (4)   The Planning, Building and Development Director, hereafter referred as the “Director”, shall notify the property owner(s) adjacent to the street of the proposed subdivision. If Planning, Building and Zoning Committee finds that the neighboring property will be detrimentally affected by the creation of new zoning nonconformities, neighbors’ written consent shall be required prior to acceptance of the final plat for review by the Multi-Disciplinary Team.

   (C)   Review and approval procedure. Panhandle lot subdivisions shall be subject to the subdivision procedures of § 151.191.

(Ord., § 10.3, passed 10-13-2009)

   (A)   When a developer has no immediate development plans for a portion of the land to be subdivided, the portion may be excluded from the legally described subdivision, provided the remnant parcel conforms to the lot width and area requirements of the zoning classification in which it is located, and has suitable area and shape to be separately subdivided or developed. To subdivide such parcels, the developer shall be required to begin the subdivision approval process at the Early Assistance meeting stage for each excluded parcel.

   (B)   When a developer has development plans for the entire subdivision but desires, for whatever reason, to seek approval and record the final plat in phases, the subdivision may be platted in phases, subject to the following standards:

      (1)   The approved preliminary plat shall show the proposed layout for the entire area of the subdivision to be platted in phases;

      (2)   The limits of each phase shall be shown on the final engineering plans and the review of final engineering plans shall be completed for the entire subdivision prior to the approval of the final plat of the first phase of the subdivision;

      (3)   The total platted area with the platting of each phase of the subdivision shall function independently in terms of site capacity, natural resource protection, recreation and open space standards, and engineered improvements;

      (4)   The entire area to be subdivided, as shown on the preliminary plat, may be platted with the first phase of the subdivision. Those areas to be subdivided as future phases of the subdivision may be reserved as outlots for future development. Such outlots shall reference the approved preliminary plat and final engineering plans, and the resubdivision of such outlots shall be in accordance with the approved preliminary plat and final engineering plans. The final plat approval for the outlots shall be received within the 24-month period during which the preliminary plat is valid. The Director may grant extension requests, not to exceed 12 months, for each phase of the subdivision. When determining whether an extension request shall be granted, the Director shall consider the circumstances underlying the request and consistency of the approved preliminary plat with current ordinances.

      (5)   If the proposed resubdivision of any outlot varies substantially from that approved for the preliminary plat, the Multi-Disciplinary Team may require submittal and review of revised preliminary plat and final engineering plans for the outlot. The development of the outlot then may be subject to regulations in effect at the time of approval of revised preliminary plat.

(Ord., § 10.4, passed 10-13-2009; Ord. passed - -)

   (A)   Lots. Lots shall be laid out to promote functional circulation patterns and compatible relationships among adjacent and nearby land uses, and shall be designed in accordance with the following criteria.

      (1)   With the exception of planned unit developments, all lots shall meet the lot width and area requirements of § 151.125 for the underlying zoning district.

      (2)   Subdivision lot layout shall relate to topography, soils, drainage, natural resources, and planned open space areas. Lots adjoining common or dedicated open space areas shall be encouraged. Unless otherwise provided by § 151.072(E)(3), the platting of deed-restricted open space shall be prohibited.

      (3)   The design of proposed lots which results in the formation of irregularly shaped lot lines is prohibited unless the lines follow natural features such as streams and wetlands, and the like. The Director may approve irregularly shaped lot lines after evaluation of the issues that created the irregularity.

      (4)   All lots shall front directly on and have direct access to a street improved in accordance with the standards of this chapter, or improved and accepted by the affected roadway authority.

      (5)   Residential lots adjoining freeways, arterials, collectors, railroad tracks, or lands used for nonresidential purposes shall provide separation adequate to ensure protection of the residential uses.

   (B)   Outlots. Outlots may be platted in subdivisions for a variety of purposes including those described in this subsection (B). Outlots platted for resource protection, open space or utility installation purposes are not required to meet the lot size or lot width requirements of the underlying zoning district. All structures located in the outlots shall be constructed in accordance with the density and dimensional standards of § 151.125 for the zoning district in which they are located, provided the lot meets or exceeds the minimum lot area requirement for its zoning classification. If the lot is less than the minimum lot area for its zoning classification, the structures shall be constructed in accordance with § 151.233.

      (1)   Resource protection and open space. Outlots may be platted for those purposes designated in § 151.072. Open space areas shall be integrated into the overall subdivision design to promote ease of maintenance, access, and enjoyment for all residents of the subdivision. Within a subdivision, the platting of many small open space outlots shall be discouraged, and the platting of fewer larger open space outlots shall be encouraged. All outlots platted for open space purposes shall be identified on the final plat by ownership and purpose (e.g., “Outlot A: Common Open Space for Recreational Purposes”).

      (2)   Future development. Outlots may be platted for future development in phased subdivisions or for alternate uses in mixed use subdivisions. (See § 151.188.)

      (3)   Dedications. Outlots may be platted for lands dedicated for school, park or utility purposes (see § 151.190).

(Ord., § 10.5, passed 10-13-2009)

   (A)   Dedications.

      (1)   Street rights-of-way. All public street rights-of-way shall be labeled on the final plat as follows: “Hereby Dedicated for Public Road Purposes”. Public street rights-of-way shall be dedicated in accordance with the following:

         (a)   Internal streets. With the exception of private streets (see subsection (B)(1) below), all land contained within proposed streets shall be dedicated to the public. Street right-of-way widths shall comply with the standards of § 151.194.

         (b)   Perimeter streets. When a subdivision abuts an existing public street, the developer shall dedicate additional right-of-way sufficient to provide one-half the required right-of-way width for the subject street type. The following half-width rights-of-way are minimums unless otherwise established through the subdivision approval process. The highway authority having jurisdiction may require additional right-of-way to be dedicated, or may waive the dedication of right-of-way if traffic engineering studies, transportation plans, or in the opinion of the authority, sufficient right-of-way exists and additional right-of-way is unnecessary.

 

 

      (2)   School land. Land for schools shall be calculated and provided in accordance with § 151.220. Land to be dedicated for school purposes shall be labeled on the final plat as follows, “Hereby Dedicated to the (School District) for Public School Purposes”.

      (3)   Park and recreation land. Land for park and recreation areas shall be provided in accordance with the park contribution requirements of § 151.221. The lands may be dedicated to any public agency willing to accept the dedication, as provided in § 151.221(H). Land to be dedicated to the public for park and recreational purposes shall be labeled on the final plat as follows: “Hereby Dedicated to the (Public Agency) for Recreational Purposes”. Park and recreational areas created to satisfy the requirements of § 151.070(D), and intended to be owned and maintained by a homeowners’ association, shall be labeled as “Common Open Space for Park and Recreational Purposes”.

      (4)   Public water supply and public sewage disposal. At the discretion of the authorized public agency, all water supply and sewage disposal facilities, including well houses, storage tanks and lift stations, shall be dedicated to the public and shall be labeled on the final plat as follows, “Hereby Dedicated to the (Public Agency) for Utility Purposes”.

   (B)   Easements.

      (1)   Access easements (private streets). Private streets shall not be permitted, except that the Planning, Building and Zoning Committee may approve the use of existing private streets or the creation of private streets on parcels that satisfy § 151.187 provided the streets serve no more than three lots. If approved by the Planning, Building and Zoning Committee, private streets shall comply with the standards and specifications contained in § 151.194(M). Since private streets will not be publicly maintained, means shall be established through covenants, conditions, and restrictions, or an agreement that involves all lots accessing the street, to provide for perpetual maintenance by the property owners. Private streets shall be labeled on the final plat as follows: “This Subdivision Contains Private Streets Which Will Not Be Maintained by the County or Any Other Public Agency. Property Owners Within the Subdivision Are Responsible for All Maintenance.”

      (2)   Utility easements. Easements shall be provided for any overhead or underground utility service, including but not limited to sanitary sewer, water, gas, telephone, and electric. Utility easements shall have a minimum total width of 15 feet unless otherwise adjusted by the utility provider. Where multiple utilities share the same easement, additional width sufficient to avoid conflict shall be provided. Easements shall be established to provide continuity of alignment throughout the area to be served and to adjoining unsubdivided areas. Utility easements shall be coterminous with all private street easements. Utility easements shall not be located within any portion of a publicly dedicated street right-of-way.

      (3)   Drainage easements. All components of the Lake County Stormwater Management System, including detention basins, compensatory storage areas and buffers, shall be included in an easement ordesignated as open space. Drainage easements shall not be located within any portion of a publicly dedicated street right-of-way.

         (a)   Storm sewers. Drainage easements shall be a minimum of 15 feet in total width. Additional easement width may be required depending on pipe size and depth of cover.

         (b)   Overland flow paths. Drainage easements shall be a minimum of 20 feet in total width. For 100-year overflow paths, calculations shall be submitted and the drainage easements shall be sized accordingly, but shall not be less than 15 feet.

      (4)   Alterations to platted easements. Alterations to platted access, utility and drainage easements shall be processed as minor subdivision modifications in accordance with § 151.192.

   (C)   Reservations.

      (1)   Areas to be reserved. Whenever all or part of the land to be subdivided is shown on any officially adopted state, county, or local plan for a street, school, forest preserve, park, or other public use, upon receipt of written notification by the agency claiming the reservation, the developer shall dedicate or reserve the lands for that proposed use. The reservation shall remain valid for a period of two years from the date the agency is notified of the proposed subdivision, during which time it shall be made available for sale to the public agency concerned. The Director shall notify the developer and all applicable public agencies of the date that the reservation shall expire. If the public agency has not acquired the reserved site before the reservation expires, the developer may use it for any purpose allowed by the regulations in effect at that time.

      (2)   Exemptions. The Planning, Building and Zoning Committee shall be authorized to exempt a proposed development from the Reservation requirement of this section, provided the Planning, Building and Zoning Committee has received a written statement from the applicable public agency that acquisition of the subject property is not scheduled, intended, or feasible within the two-year period.

(Ord., § 10.6, passed 10-13-2009; Ord. passed - -)

   (A)   Subdivision review and approval process. Subdivision applications shall be reviewed and approved in accordance with Table 151.191(A) below. Unless otherwise authorized in this chapter, each stage of the process shall be completed prior to initiating a subsequent stage. For lot splits or plat amendments that proceed directly to the final plat stage, the Director shall be authorized to require the submittal of information otherwise required for any subdivision stage and shall be authorized to impose any additional requirements of this chapter to address potential negative impacts of the subdivision.

 

   (B)   Public information meeting.

      (1)   Following the initial review of the Early Assistance Meeting application by the Multi-Disciplinary Team, a Public Informational Meeting that includes a neighbor notice in accordance with § 151.045(G)(2)(a) shall be held for all minor and major subdivisions, subject to the following.

         (a)   The Director shall be authorized to conduct the Public Informational Meeting for minor subdivisions provided that, within 15 calendar days of receipt of the neighbor notice of such meeting, no duly notified property owner files a written request for the Public informational Meeting to be held before the Planning, Building and Zoning Committee.

         (b)   The Planning, Building and Zoning Committee shall hold Public Informational Meetings for all major subdivisions, or for those minor subdivisions, lot splits or plat amendment applications referred to them by the Director.

      (2)   In instances where the Multi-Disciplinary Team believes development issues are substantive enough to potentially change the subdivision design, the Planning, Building and Zoning Committee may choose to delay the information meeting until the issues are resolved to its satisfaction.

      (3)   A public information meeting shall not be required when a subdivision is part of a conditional use permit application for a planned unit development.

   (C)   Concurrent processing of zoning map amendments and subdivision applications. Unless a subdivision is part of a planned unit development application, an application for a preliminary plat shall not be accepted until the necessary zoning approvals are obtained. Applicants shall be authorized to file an application for a preapplication conference while a zoning map amendment is pending.

   (D)   Early Assistance meeting. A preapplication conference is intended to familiarize the applicant with applicable procedures, submittal requirements, development standards, and other pertinent matters before finalizing the development proposal or otherwise spending large sums of money in laying out the proposed subdivision. An Early Assistance meeting may be required for a lot split or a plat amendment, if in the opinion of the Director the application involves unique circumstances that warrant review by the Multi-Disciplinary Team prior to proceeding to the final plat stage.

      (1)   Application filing. Early Assistance meeting applications shall be submitted to the Planning, Building and Development Department on forms available from that Department. The application shall be accepted only after a check-in meeting.

      (2)   Distribution of application; scheduling of Multi-Disciplinary Team meeting. Upon the completion of a check-in meeting with the Planning, Building and Development Department and receipt of a complete application, the Director shall distribute copies of the application to Multi-Disciplinary Team members and other affected reviewing agencies.

      (3)   Review of application. Within ten days of the receipt of a complete preapplication conference application, Multi-Disciplinary Team members shall review the application and provide written comments to the Director. The Director shall compile all comments received by the end of the review period and shall make the comments available to the applicant and his or her designated representative prior to the date of the Early Assistance meeting.

      (4)   Multi-Disciplinary Team meeting. Multi-Disciplinary Team comments on the Early Assistance meeting application shall be discussed with the applicant at the scheduled Multi-Disciplinary Team meeting. Following the meeting, the Director shall provide a written report to the applicant containing the written comments of the Multi-Disciplinary Team and instructions for proceeding with the subdivision process.

      (5)   Time limits. Comments furnished to an applicant at an Early Assistance meeting shall be valid for a period of 12 months from the date of the preapplication conference. Within this period, the applicant shall file an application for a preliminary plat, or in instances when a preliminary plat is not required, an application for a final plat shall be filed with the Director. If more than 12 months have elapsed, the applicant shall be required to reinitiate the Early Assistance meeting. Upon receipt of a written request, the Multi-Disciplinary Team may grant a time extension and may impose conditions as necessary. In no instance shall an extension be granted for more than 12 months following the date of the preapplication conference.

   (E)   Preliminary plat. During the preliminary plat stage of the subdivision process, the general layout and design of the proposed subdivision is evaluated for compliance with all applicable regulations of this chapter. Preliminary plat review also allows an analysis of natural resource and other physical constraints affecting the subject property.

      (1)   Preliminary plat review process.

         (a)   Application filing. Preliminary plat applications shall be submitted to the Planning, Building and Development Department on forms available from that Department. The application shall be accepted only after a check-in meeting.

         (b)   Distribution of application; scheduling of Multi-Disciplinary Team meeting. Upon receipt of a complete preliminary plat application, the Director shall distribute copies of application to Multi-Disciplinary Team members and other affected reviewing agencies and place the preliminary plat on the agenda. The Director shall notify all preliminary plat reviewers and the applicant of the date, time, and place of the scheduled Early Assistance meeting.

         (c)   Review of application. Within 15 days of the receipt of a complete preliminary plat application, Multi-Disciplinary Team members and others to whom the application has been distributed shall review the preliminary plat application and provide written comments to the Director. The Director shall compile all comments received and make the comments available to the applicant and his or her designated representative prior to the date of the Early Assistance meeting.

         (d)   Multi-Disciplinary Team meeting. Multi-Disciplinary Team comments on the preliminary plat application shall be discussed with the applicant at the scheduled Early Assistance meeting. Following the Early Assistance meeting, the Director shall provide a written report to the applicant containing the written comments of the Multi-Disciplinary Team and instructions for proceeding with the subdivision process.

         (e)   Resubmittals. In instances when plans are not approved and a resubmittal is required, the applicant shall prepare the necessary plans and reports using previous Multi-Disciplinary Team comments as a guide, and shall contact the Director for a check-in meeting. At the check-in meeting, the applicant shall include a copy of the plans and reports to be resubmitted and a cover letter explaining how all comments have been addressed. Plans shall not be accepted unless a check-in meeting has been conducted or approval has been given by the Director to submit plans. The review procedure for resubmitted plans shall be conducted in accordance with initial submittal of the original preliminary plat application (see subsections (E)(1)(a) through (E)(1)(e)) of this section. The Early Assistance meeting may be waived if the Committee finds that the nature of the outstanding comments and concerns does not warrant another meeting.

      (2)   Information meeting.

         (a)   Notice of Planning, Building and Zoning Committee information meeting. Neighbor notice of the Planning, Building and Zoning Committee’s information meeting on a preliminary plat shall be provided in accordance with § 151.045(G).

         (b)   Planning, Building and Zoning Committee information meeting. When the Director has determined that the preliminary plat application is ready for an information meeting before the Planning, Building and Zoning Committee, the preliminary plat application shall be placed on the agenda for the purpose of providing information and receiving public input on the application. The Multi-Disciplinary Team may present its recommendation on the preliminary plat at the information meeting, in which case the Planning, Building and Zoning Committee may take action on the preliminary plat at that time.

      (3)   Multi-Disciplinary Team Recommendation.

         (a)   Possible actions. After completing all required reviews and receiving all departmental/agency comments, the Multi-Disciplinary Team shall consider the preliminary plat application in light of the approval criteria of this section and shall take one of the following actions:

            1.   Recommend that the Planning, Building and Zoning Committee approve the preliminary plat;

            2.   Recommend that the Planning, Building and Zoning Committee approve the preliminary plat subject to the applicant addressing all outstanding Multi-Disciplinary Team and Planning, Building and Zoning Committee comments, if any, during final plat review; or

            3.   Recommend that Planning, Building and Zoning Committee deny the preliminary plat application.

         (b)   Approval criteria. In taking action on a preliminary plat application, the Multi-Disciplinary Team and the Planning, Building and Zoning Committee shall determine that the design of the subdivision and its components can comply with all county and state regulations.

      (4)   Scheduling of Planning, Building and Zoning Committee meeting.

         (a)   Time limits and extensions. The preliminary plat application shall be approved by the Planning, Building and Zoning Committee no less than 12 months following acceptance of the application by the Director (see § 151.193(A)(2)(a)). If more than 12 months have elapsed, the applicant shall be required to reinitiate the subdivision process by submitting another application for an Early Assistance meeting and shall pay the required application fees unless a time extension is granted by the Multi-Disciplinary Team. Upon receipt of a written request, the Multi-Disciplinary Team may grant a time extension and may impose conditions as necessary. In no instance shall an extension be granted for more than 12 months.

         (b)   Request for action. Once the Multi-Disciplinary Team has issued a recommendation to approve a preliminary plat application or the applicant has informed the Director that they are prepared to proceed with a recommendation of denial, the Director shall place the subdivision on the agenda of the next regularly scheduled Planning, Building and Zoning Committee meeting and notify the applicant of the date, time, and place of the meeting.

      (5)   Planning, Building and Zoning Committee review and action. The Director shall present the proposed preliminary plat to the Planning, Building and Zoning Committee. After considering the matter, the Committee shall act to approve, approve with conditions, or deny the proposed preliminary plat.

         (a)   Effect of action.

            1.   Approval or approval with conditions. Approval or conditional approval of a preliminary plat constitutes acceptance of the overall general planning concepts for the subdivision and is a prerequisite for the filing of a final plat. An approval or conditional approval indicates that the Planning, Building and Zoning Committee considers the preliminary plat to be in compliance with subsection (E)(3)(b) above, and when applicable, what conditions need to be met by the applicant prior to action on the final plat by the Planning, Building and Zoning Committee. Approval or conditional approval confers upon an applicant a right to have the final plat for the subject subdivision reviewed in accordance with standards of this chapter that are no more restrictive than those in effect on the date of preliminary plat approval. Preliminary plat approval or conditional approval does not, however, guarantee the number of dwelling units allowed; lot configuration; the extent of open space and natural resource protection areas required; the amount of floor area or impervious surface allowed; the adequacy of proposed stormwater management facilities, sewage disposal facilities, and water supply systems; or the location or configuration of vehicle access points. Neither does preliminary plat approval or conditional approval limit nor restrict the rights and powers of any other local, state, or federal agency to impose additional or more restrictive standards that may affect the layout and design of the proposed subdivision.

            2.   Denial. If the Planning, Building and Zoning Committee denies or fails to approve a preliminary plat, the applicant may:

               a.   Amend the preliminary plat application or obtain the additional information and documentation requested by the Planning, Building and Zoning Committee and resubmit the subdivision for further review, provided the resubmittal is within the time limit established in subsection (E)(4)(a); or

               b.   Appeal the decision of the Planning, Building and Zoning Committee in accordance with § 151.192.

         (b)   Notification of Planning, Building and Zoning Committee action.

            1.   Approval or approval with conditions. If the Planning, Building and Zoning Committee approves or conditionally approves the preliminary plat application, the Director shall provide the applicant with written notification within five days of the date of the Planning, Building and Zoning Committee’s decision. The notification shall include:

               a.   A statement indicating the effect of preliminary plat approval;

               b.   The date of Unified Development Ordinance regulations to which the subdivision will be subject throughout the remainder of the subdivision process;

               c.   The date on which preliminary plat approval and all rights arising from or created by the approval shall expire; and

               d.   Any conditions of preliminary plat approval established by the Planning, Building and Zoning Committee.

            2.   Denial of preliminary plat. If the Planning, Building and Zoning Committee denies the preliminary plat application, the Director shall provide the applicant with written notification within five days of the date of the Planning, Building and Zoning Committee’s decision. The notification shall include:

               a.   A statement indicating the effect of preliminary plat denial;

               b.   The reasons for the denial, as stated by the Planning, Building and Zoning Committee; and

               c.   Directions for continuing the subdivision process.

      (6)   Lapse of approval. An approved preliminary plat shall lapse and be of no further effect if a final plat for the subject subdivision is not approved by the Planning, Building and Zoning Committee within 24 months of the date of preliminary plat approval by the Planning, Building and Zoning Committee. If final plat approval is not received within this 24-month period, the applicant shall be required to reinitiate the subdivision process at the preapplication conference stage. If the applicant does not receive final plat approval within the required 24-month period, the applicant may file an extension request with the Planning, Building and Zoning Committee. The request must be received by the Planning, Building and Zoning Committee before the expiration date of the approved preliminary plat. The extension request shall state reasons for the delay and the proposed length of the extension requested. In reviewing the time extension request, the Planning, Building and Zoning Committee shall consider the circumstances behind the extension request and the status of current regulations. There shall be no limit on the number of extensions that may be granted (for good cause shown) by the Planning, Building and Zoning Committee, provided that the total cumulative effect of all extensions granted shall not extend the life of a preliminary plat by more than 12 months. (See also phased subdivision provisions of § 151.188.)

   (F)   Final plat. The final plat stage of the subdivision process requires review and approval of final engineering plans and final plat documents, which may be processed concurrently or separately, at the option of the applicant.

      (1)   Purpose.

         (a)   Final plat. Final plat documents are reviewed for the purpose of ensuring that the final plat, together with the other documents that will be recorded to legally create the proposed subdivision, are in full compliance with the state statutory requirements and all and applicable county regulations.

         (b)   Final engineering plans and engineering reports. The final engineering plans and engineering reports are reviewed for the purpose of ensuring that the layout, design, and engineering of a proposed subdivision comply with all applicable standards of this chapter. The approved final engineering plans represents an approved set of construction documents for the proposed subdivision.

      (2)   Review process.

         (a)   Application filing. Final plat and final engineering applications shall be submitted to the Planning, Building and Development Department on forms available from that Department. The application shall be submitted in person to the Director. A check-in of all documents required in the final plat stage shall occur separately or at one time. If submitted separately, a check-in of the final engineering plans and reports shall occur first followed by a check-in of final plat, covenants, conditions and restrictions, and agreements.

         (b)   Distribution and review of application. Upon receipt of a complete final plat and/or final engineering application, the Director shall distribute copies of the application to Multi-Disciplinary Team members and other affected reviewing agencies and place the application on the agenda of the Multi-Disciplinary Team following the review period. The Director shall notify the Multi-Disciplinary Team and the applicant of the date, time, and place of the scheduled Early Assistance meeting.

         (c)   Review of application. Within 15 days of the receipt of a complete final plat application, Multi-Disciplinary Team member agencies shall review the application and provide written comments to the Director. The Director shall compile all comments received by the end of the review period and make the comments available to the applicant and his or her consultant(s) prior to the date of the Multi-Disciplinary Team meeting where the application will be discussed.

         (d)   Multi-Disciplinary Team meeting. Multi-Disciplinary Team comments on the application shall be discussed with the applicant at the scheduled Multi-Disciplinary Team meeting. Following the Multi-Disciplinary Team meeting, the Director shall provide a written report to the applicant containing the written comments of the Multi-Disciplinary Team and instructions for proceeding with the review process.

         (e)   Multi-Disciplinary Team recommendation. At the conclusion of the Multi-Disciplinary Team meeting at which the final plat and/or the final engineering plans and engineering reports are considered, the Multi-Disciplinary Team shall act in accordance with the following:

            1.   Recommend approval. If the Multi-Disciplinary Team finds that the final engineering plans and engineering reports demonstrate that the layout, design, and engineering of the proposed subdivision and the final plat, and associated documents are in full compliance with all applicable regulations of this chapter, the Multi-Disciplinary Team shall act to approve the final plat and/or the final engineering plans and engineering reports for the proposed subdivision.

            2.   Recommend denial. If the Multi-Disciplinary Team finds that the final plat and/or the final engineering plans or engineering report do not demonstrate that the layout, design, and engineering as well as all associated documents for the proposed subdivision are in full compliance with all applicable regulations of this chapter, the Multi-Disciplinary Team shall detail for the applicant the reasons for this determination and describe the type of additional information that may be necessary to demonstrate compliance. The Multi-Disciplinary Team also shall direct the applicant on the procedure for continuing with the review, and shall decide, based on the nature of the outstanding comments and concerns, whether or not the applicant shall be required to return for another Early Assistance Meeting.

         (f)   Resubmittals. In instances when plans are not approved and a resubmittal is required, the applicant shall prepare the necessary plans and reports using previous Multi-Disciplinary Team comments as a guide, and shall contact the Director for a check-in meeting. At the check-in meeting, the applicant shall include a copy of the plans and reports to be resubmitted and a cover letter explaining how all comments have been addressed. Plans shall not be accepted unless a check-in meeting has been conducted or approval has been given by the Director to submit plans. The review procedure for resubmitted plans shall be conducted in accordance with initial submittal of the original application. (See subsections (F)(2)(a) through (F)(2)(e).) The Early Assistance Meeting may be waived if the Committee finds that the nature of the outstanding comments and concerns does not warrant another meeting.

      (3)   Notification of Early Assistance Meeting Action. Within five days of the Multi-Disciplinary Team’s decision on a final plat and/or final engineering plan, and engineering reports, the Director shall provide the applicant with written notification of the Multi-Disciplinary Team’s decision. This notification shall include the following information:

         (a)   Approval.

            1.   A statement indicating the effect of approval;

            2.   The date on which preliminary plat approval had been given, if required, and all rights arising from, or created by, and when the approval will lapse (see subsection (E)(6) above);

            3.   Directions for continuing the plat approval process;

            4.   Directions for commencing construction activities in accordance with § 151.202; and

            5.   If the Multi-Disciplinary Team recommends approval, the recommendation shall be accompanied by instructions informing the applicant how to prepare the final plat, covenants, conditions and restrictions, agreements and subdivision assurances for action before the Planning, Building and Zoning Committee, or Director, when applicable.

         (b)   Denial. If the Multi-Disciplinary Team recommends denial, the recommendation shall be accompanied by instructions for continuing the review process.

      (4)   Submittal of final plat, covenants, restrictions, agreements and assurances. The applicant shall submit for review by the Director, the signed original final plat; the executed covenants and restrictions, if any; all executed agreements, if any; and the executed performance assurances, if any.

      (5)   Permits required. The following permits may be required as part of final engineering and/or final plat approval. These permits shall be secured prior to the county approving the final engineering plans and/or final plat.

         (a)   Site development permit. A site development permit shall be obtained from the Planning, Building and Development Department before beginning any construction or earth moving activity in connection with the proposed subdivision. The applicant may apply for this permit after Multi-Disciplinary Team approval of the final engineering plan and engineering reports. Before beginning construction, a preconstruction conference shall be held and restoration assurance shall be provided in accordance with the provisions of § 151.203 before issuance of a site development permit.

         (b)   Access permit. If access to the proposed subdivision is obtained from a county highway, an access permit shall be obtained from the Lake County Division of Transportation, in accordance with the Lake County Highway Access Regulation Ordinance (see Chapter 91). The final engineering plans and engineering reports shall not be approved until an access permit, if required, has been obtained. If access to the proposed subdivision is obtained from a township road or state highway, an access permit shall be obtained from the appropriate township or state highway authority.

         (c)   Facility permit. If the proposed subdivision is adjacent to a county highway, with or without proposed access to this highway, and work is required to be performed within the right-of-way of the county highway, a facility permit shall be obtained from the Lake County Division of Transportation, in accordance with the Lake County Highway Utility and Facility Placement Ordinance (see Chapter 92). The final engineering plans and engineering reports shall not be approved until the facility permit, if required, has been obtained. If access to the proposed subdivision is obtained from a state highway or township road, a facility permit shall be obtained from the appropriate township or state highway authority.

         (d)   Other required permits. Applicants shall be responsible for ensuring that other local, county, state, and federal permit requirements have been met.

         (e)   Illinois Environmental Protection Agency and Army Corps of Engineers permits. Before beginning any site development activity, permits shall be obtained from the Illinois Environmental Protection Agency and U.S. Army Corps of Engineers for sanitary sewer or water improvements, if applicable. A U.S. Army Corps of Engineers (USACE) permit shall be required for any work within a USACE wetland. An National Pollutant Discharge System permit may be required from the Illinois Environmental Protection Agency.

      (6)   Scheduling of Planning, Building and Zoning Committee meeting. When this chapter requires the Planning, Building and Zoning Committee to act on a final plat, upon the Multi-Disciplinary Team finding that the final plat Mylar and any covenants, restrictions, agreements, and assurances are in the proper form, the Director shall prepare a report and recommendation for presentation to the Planning, Building and Zoning Committee. The Director also shall place the subdivision on the agenda of the next regularly scheduled Planning, Building and Zoning Committee meeting and shall notify the applicant of the date, time, and place of the meeting.

      (7)   Planning, Building and Zoning Committee or Director review and action. The final plat shall be presented to the Planning, Building and Zoning Committee or the Director for action in accordance with Table 151.191(A). After considering the matter, the Planning, Building and Zoning Committee or Director shall act to approve or deny the proposed final plat. No final plat shall be approved unless it is found to be in full compliance with all applicable regulations of this chapter.

         (a)   Effect of Planning, Building and Zoning Committee or Director action.

            1.   Approval. Upon Planning, Building and Zoning Committee or Director approving the final plat, the final plat, together with the other documents required by this chapter to be recorded with the plat, shall remain in the custody of the Director unless other arrangements are authorized by the Committee or Director. Within five days following approval, the applicant shall have the sole responsibility for recording the final plat and associated documents with the Lake County Recorder and for paying all costs associated with the recording of the documents. Upon recording, the final plat Mylar shall be returned to the applicant or surveyor of record for the subdivision. The official record of the final plat and associated documents shall be kept in the custody of the county.

            2.   Denial. If the Planning, Building and Zoning Committee or Director denies a final plat, the applicant may:

               a.   Amend the final plat or obtain the additional information and documentation requested by the Planning, Building and Zoning Committee or Director and resubmit the subdivision for further review in accordance with subsection (F)(2); or

               b.   Appeal the decision of the Planning, Building and Zoning Committee or Director in accordance with the standards of § 151.192.

         (b)   Notification of Planning, Building and Zoning Committee or Director action.

            1.   Approval of final plat. If the Planning, Building and Zoning Committee or Director act to approve the final plat, the Director shall provide written notification to the applicant including the following information:

               a.   The name, document number, and recording date of the final plat and each associated document recorded together with the plat;

               b.   The amount and date of expiration of the performance assurance, if any;

               c.   Directions for com-mencing construction activities, if construction has not already commenced, in accordance with § 151.202; and

               d.   Any conditions associated with approval of the final plat.

            2.   Recording of final plat. Following recording of the final plat, the Planning, Building and Development Director also shall distribute an appropriate number copies of the recorded final plat to each member of the Multi-Disciplinary Team.

            3.   Denial of final plat. If the Planning, Building and Zoning Committee or Director act to deny the final plat, the Planning, Building and Development Director shall provide written notification to the applicant including the following information:

               a.   A statement indicating final plat denial;

               b.   The reasons for disapproval as stated by the Planning, Building and Zoning Committee or Director;

               c.   Directions for resubmitting the final plat for further review; and

               d.   Directions for appealing the decision.

      (8)   Lapse of approvals.

         (a)   Lapse of final engineering plan and engineering report. If the preliminary plat approval lapses (see subsection (E)(6)), or if a preliminary plat is not required and the developer fails to obtain final plat approval within 24 months of application for a final plat, Multi-Disciplinary Team approval of the final engineering plans and engineering reports shall also lapse and be of no effect.

         (b)   Lapse of final plat approval. Planning, Building and Zoning Committee or Director approval of the final plat shall expire if the final plat and associated documents are not recorded with the Lake County Recorder within five days following approval unless other arrangements are authorized.

(Ord., § 10.7, passed 10-13-2009; Ord. passed - -)

   Modifications or appeals of the provisions of this subchapter shall be considered in accordance with the following standards.

   (A)   Classification of modifications.

      (1)   Minor modification. All modifications of this subchapter where the decision-making authority lies with the Director, the County Engineer, or the Multi-Disciplinary Team shall be classified and processed as a “minor subdivision modification”.

      (2)   Major modification. All modifications other than those listed in subsection (A)(1) above shall be classified and processed as “major subdivision modifications”. The Planning, Building and Zoning Committee shall be authorized to approve major subdivision modifications.

   (B)   Minor modification procedures.

      (1)   Application filing. Minor modification requests shall be submitted to the Director and shall include: a request from the applicant for subdivision approval, listing the section(s) of this chapter to be modified; the reasons why the modification(s) is/are necessary; and any support information deemed necessary by the applicant to assist the Director, the County Engineer or the Multi-Disciplinary Team in making a decision concerning the requested modification(s).

      (2)   Action on minor modifications. Upon receipt of a request for a minor modification, the Director shall distribute copies to the County Engineer or Multi-Disciplinary Team, as applicable, for their consideration. Following a review period of not more than five days, the County Engineer or the Multi-Disciplinary Team shall provide a recommendation to the Director. The minor modification may be granted only when it is determined that the requested minor modification will facilitate the review process, will in no way compromise the intent of this chapter, or affect the health, safety, or general welfare of the public. Any action on a minor modification may include reasonable conditions deemed necessary to meet the intent of this chapter.

      (3)   Deferral of action. The Director, County Engineer, or the Multi-Disciplinary Team may defer a decision on a minor modification request at any time when they believe the request may not be authorized under this subchapter, or when in their opinion, the request contains interrelated impacts that should be assessed by the Planning, Building and Zoning Committee. In these instances, the applicant shall be notified by the Director of the time, place, and reasons for the deferred action so he or she may attend the Planning, Building and Zoning Committee meeting to present testimony relevant to his or her request.

      (4)   Notification.

         (a)   Report to Planning, Building and Zoning Committee. Upon approving a minor modification, the Director, County Engineer, or the Multi-Disciplinary Team shall provide a report to the Planning, Building and Zoning Committee. This report shall describe the request, standard(s) being modified, and the basis for the decision.

         (b)   Notice to applicant. The Director shall provide a written notification of the decision to the applicant as follows:

            1.   If the modification is approved, the notification shall list all conditions of approval; and

            2.   If the modification is denied, the notification shall list all reasons for denial and notify the applicant of his or her right to appeal the decision in accordance with this section.

   (C)   Major modification procedure.

      (1)   Application filing. Major modification requests shall be submitted to the Director and shall include: a request from the applicant describing the specific provision of this subchapter to be modified; the reasons and justifications for the requested modification, in light of the approval criteria of this section; and any plans, reports, or other support information that the applicant deems necessary for the county to evaluate the request.

      (2)   Multi-Disciplinary Team Recom-mendation. Upon receipt of a request for a major modification, the Director shall distribute copies to the Multi-Disciplinary Team. The Multi-Disciplinary Team shall have ten days to review the request and submit a recommendation to the Director. The Multi-Disciplinary Team’s recommendation shall state the reasons for the recommendation and any suggested conditions of approval. Upon receipt of the Multi-Disciplinary Team’s recommendation, the Director shall prepare a report and recommendation for presentation to the Planning, Building and Zoning Committee and schedule the application for consideration on the next regular agenda of the Planning, Building and Zoning Committee. The Director shall also notify the developer of the time and place of the meeting so he or she can present his or her arguments and all related information to the Planning, Building and Zoning Committee prior to the Committee acting on the request.

      (3)   Planning, Building and Zoning Committee action; approval criteria. The Director shall present the major modification request to the Planning, Building and Zoning Committee. The Planning, Building and Zoning Committee shall act to approve, approve with conditions, or deny the modification, based on the following factors:

         (a)   The granting of the major modification shall not be detrimental to the public safety, health, or welfare, or injurious to other property or improvements in the neighborhood in which the property is located;

         (b)   Unique conditions exist with the property to be developed that require the modification, and that these conditions are not self-created, and that the applicant had no knowledge of the impact of the regulations on the development of the property at the time of the property’s purchase;

         (c)   The major modification is the least deviation from this chapter that will mitigate the hardship or practical difficulty that exists on the subject property;

         (d)   Absent the requested modification, the applicant will be deprived of the ability to develop the property to the full extent otherwise allowed for in this chapter;

         (e)   The modification shall not in any manner vary any other provisions of this chapter; and

         (f)   The standard sought to be modified serves no public or private interest.

      (4)   Notification. Following the Planning, Building and Zoning Committee’s action, the Director shall provide written notification to the applicant as follows:

         (a)   If the modification is approved, the modification shall list any and all conditions of approval.

         (b)   If the modification is denied, the notification shall list all reasons for denial and notify the applicant of his or her right to appeal the decision of the Planning, Building and Zoning Committee in accordance with this section.

   (D)   Appeals of decisions. Developers aggrieved by decisions of the Director, the County Engineer, the Multi-Disciplinary Team, or the Planning, Building and Zoning Committee, may appeal that decision in accordance with the procedures of this subsection (D).

      (1)   Appeals of Director, County Engineer, or Multi-Disciplinary Team actions. 

         (a)   Appeals of actions or decisions of the Director, the County Engineer, or the Multi-Disciplinary Team may be taken by filing an appeal with the Director within 20 days of the action or decision.

         (b)   Upon receipt of an appeal, the Director shall place the matter on the agenda of the next regularly scheduled Planning, Building and Zoning Committee meeting and shall notify the appellant of the date, time, and place of the meeting.

         (c)   The Planning, Building and Zoning Committee shall act to uphold or overturn the action or decision.

         (d)   Within five days following the Planning, Building and Zoning Committee meeting, the Director shall provide the appellant with written notice of the Planning, Building and Zoning Committee’s action.

      (2)   Appeals of Planning, Building and Zoning Committee actions.

         (a)   Appeals of actions or decisions of the Planning, Building and Zoning Committee may be taken by filing an appeal with the Director within 20 days of the action or decision. Upon receipt of an appeal, the Director shall notify the Planning, Building and Zoning Committee of the appeal. The Director shall place the matter on the agenda of the next regularly scheduled County Board meeting. The Director shall notify the appellant of the date, time, and place of the County Board meeting.

         (b)   The County Board shall act to uphold or overturn the action or decision of the Planning, Building and Zoning Committee. A two-thirds vote of the entire membership of the County Board shall be required to overturn the decision or action of the Planning, Building and Zoning Committee. The action of the County Board shall be final and binding on all parties. Within five days following the County Board meeting, the Director shall provide the appellant with written notice of the County Board’s action.

(Ord., § 10.8, passed 10-13-2009)

   (A)   General.

      (1)   Submission requirements.

         (a)   All applications shall be prepared in accordance with Table 151.193(A).

         (b)   Plat/plan documents shall be prepared using the general application requirements of this section and the detailed information specified for each document type.

         (c)   No applications, plans, or reports will be accepted unless the Director determines that documents submitted comply with the application requirements of this section.

 

      (2)   General application requirements. Unless otherwise modified by the Multi-Disciplinary Team, the following standards shall be met for all applications and documents submitted for review.

         (a)   Application. An application for development review shall be submitted to the Director in accordance with § 151.045 on forms available from the Director. Unless otherwise waived by the Director, separate applications shall be submitted at the preapplication conference, preliminary plat, and final plat stages. No application shall be accepted unless all plans and documents required by this subchapter have been submitted and fees have been paid.

         (b)   Document standards.

            1.   Size and scale.

               a.   The plat/plan review documents shall be prepared on a sheet size of not greater than 24 inches by 36 inches and at a scale of one inch equals 50 feet or at one inch equals 100 feet if necessary to portray the proposed development on a single sheet. All plan sheets shall be numbered consecutively and bound into a package. All reports shall be bound and indexed;

               b.   A graphic scale and a north arrow shall be provided;

               c.   Linear dimensions shall be given in feet and decimals of a foot; and

               d.   Area dimensions shall be given in acres or square feet.

            2.   Plan sheet details.

               a.   Each sheet shall have a title block that shall identify the name of the subdivision/development;

               b.   The title of the sheet;

               c.   The sheet number and the name, address, and telephone number of the developer;

               d.   The name, address, and telephone number of the preparer; and

               e.   The date of original design along with all subsequent revision dates indicated in the revision block.

         (c)   Boundary survey. A complete boundary survey containing a legal description of the property to be included in the subdivision shall be provided. For Early Assistance Meeting applications, if a boundary survey is not available, a tax map identifying the subject property may be submitted.

         (d)   Document retention. Upon approval of the final engineering plans and final as-built plans for a subdivision, digital copies of the approved plans in electronic format in TIF or PDF format shall be submitted to the Director for archival purposes.

   (B)   Early Assistance meeting applications.

      (1)   Application. The application shall be submitted in accordance with subsection (A)(2).

      (2)   Site capacity calculations and preliminary natural resource inventory. When required by § 151.070(A), site capacity calculations and a natural resource inventory map and analysis showing the location, limits, and area of all natural resources, as defined in § 151.071, shall be provided for the property to be developed.

      (3)   Concept plan. The developer shall provide a concept plan which includes the following information:

         (a)   Proposed subdivision layout showing the design of the streets, lots, stormwater detention areas, parks, and other open space areas;

         (b)   The proposed means of access to adjacent roads;

         (c)   Surrounding land uses;

         (d)   A preliminary map and analysis of natural resources present on the subject property, including those natural resources that overlap on adjacent properties; and

         (e)   When services are available, the location of all connection points for sanitary sewer and public water supply should be shown.

   (C)   Preliminary plat applications.

      (1)   Application. The application shall be submitted in accordance with subsection (A)(2).

      (2)   Required documents. The preliminary plat application submission shall include the following documents:

         (a)   Preliminary plat;

         (b)   Site capacity calculations and preliminary natural resource plan; and

         (c)   Preliminary engineering plans and all applicable reports.

      (3)   Preliminary plat. The preliminary plat shall contain the following information:

         (a)   The marketing title and type of subdivision (e.g., conventional, conservation, planned development, commercial, mixed-use);

         (b)   A sketch of a typical lot for each proposed use type indicating the minimum lot standards for each use as specified by the underlying zoning district (e.g., lot area, lot width at the street yard setback line, side and rear yard setbacks);

         (c)   A table identifying the following lot characteristics, by lot number:

            1.   Number of lots and/or dwelling units (residential uses);

            2.   Floor area (nonresidential uses);

            3.   Impervious surface (nonresidential uses); and

            4.   Use mixture (e.g., multiplex, commercial, open space) and the amount of land area devoted to each use type.

         (d)   Proposed platted improvements. The location of all of the following proposed platted improvements shall be shown:

            1.   Lots and outlots. All lots and outlots shall be designed in accordance with § 151.189. Lots shall be numbered consecutively. Outlots shall have their purpose designated on the plat and labeled with numbers or letters.

            2.   Rights-of-way. The layout and design of all proposed public and private road rights-of-way. Right-of-way widths and cul-de-sac radii shall be labeled. Proposed road names shall appear on the plat.

            3.   Open space areas. All proposed open space areas shall be identified by type (e.g., natural resource protection, recreation, stormwater detention) and ownership (e.g., common, deed-restricted).

            4.   Reservations and dedications. All areas of land to be reserved or dedicated as required in § 151.189 shall be represented on the preliminary plat.

         (e)   Phase limits (also see § 151.188). Whenever a subdivision will be developed in phases, the phase limits shall be shown in accordance with the following:

            1.   If the developer has no immediate development plans for a portion of the land to be subdivided, those portions for which there are no immediate development plans shall be labeled “Not Included” on the preliminary plat; or

            2.   If the developer has development plans for the entire subdivision, but desires to plat the subdivision in phases, the limits of each phase, if known, shall be shown on the preliminary plat.

      (4)   Site capacity and natural resource plan. 

            (a)   When required, preliminary site capacity calculations prepared in accordance with the requirements of § 151.070 shall be provided.

            (b)   A preliminary natural resource plan shall be provided in accordance with subsection (E)(4)(g) of this section.

      (5)   Preliminary engineering plans and reports. Preliminary engineering plans and engineering reports shall be prepared in accordance with subsection (E)(3).

   (D)   Final plat applications.

      (1)   Required documents. The following information and documentation shall be required for the final plat review.

         (a)   Application;

         (b)   Final plat;

         (c)   Covenants, conditions, and restrictions, if necessary;

         (d)   Agreements, if necessary; and

         (e)   Final engineering plans and reports, if necessary.

      (2)   Application. The application shall be submitted in accordance with subsection (B).

      (3)   Final plat. The final plat shall be prepared by a state registered land surveyor in accordance with the document preparation standards of § 151.193(A)(2) of this chapter and shall contain the following information:

         (a)   Title information. Identify the title of the subdivision and the type of subdivision (e.g. conventional detached single family residential). The name, address, and telephone number of the developer; the name, address, and telephone number of the surveyor; and the date of the original design along with all subsequent revision dates (if any);

         (b)   Property description. Provide a legal description of the property to be subdivided;

         (c)   Proposed platted improvements.

            1.   Lots and outlots. All lots and outlots shall be designed in accordance with § 151.189 of this chapter. Lots shall contain dimensions and shall be numbered consecutively. Outlots shall have their purpose designated on the plat and labeled with numbers or letters.

            2.   Rights-of-way. The layout and design of all proposed public and private road rights-of-way; right-of-way widths and cul-de-sac radii; proposed road names.

            3.   Easements. The size and type of proposed utility, drainage, detention, access, and other easements.

            4.   Open space areas. Open space areas shall be identified by type (e.g., natural resource protection, recreation) and ownership (e.g., common, deed-restricted) as required by this chapter.

            5.   Reservations and dedications. All areas of land to be reserved or dedicated as required in § 151.190 shall be represented on the final plat.

            6.   Reference notes. A reference note section that references the name and document number assigned by the Lake County Recorder of all agreements and covenants and restrictions, if any, affecting the proposed subdivision shall be provided.

            7.   Certificates and approvals. All applicable certificates prepared in accordance with Appendix E of this chapter.

            8.   Easement provisions. When the subdivision contains easements for public utilities, a statement granting use of the easements to all applicable utility companies shall be placed on the final plat.

      (4)   Final engineering plans and reports. Final engineering plans and engineering reports shall be submitted as required by Table 151.193(E) below.

      (5)   Covenants and restrictions. A declaration of covenants and restrictions shall be required for all subdivisions, except for those that do not contain any stormwater management or other open space areas as required by this chapter. The declaration of covenants and restrictions shall at a minimum, contain the following information:

         (a)   Plat reference. Identify the final plat by its name and document number assigned by the Lake County Recorder;

         (b)   Legal description. Include the legal description of the land to be subdivided as shown on the final plat;

         (c)   Duration and benefit. State that the covenants and restrictions shall run with the land and are for the benefit of all lot or unit owners in the subdivision and the association. For subdivisions containing stormwater detention facilities and open space required by this chapter, the covenants and restrictions shall include the county as a beneficiary of these components of the subdivision;

         (d)   Definitions. Define all applicable operative terms which may include but are not limited to association, board, transition yard, common area and/or common element (if condominium or townhouse development), common open space, county, declaration, declarant(s) (shall be all owners of the property to be subdivided), deed-restricted open space, lot, owner, unit and stormwater management facilities;

         (e)   Formation of association. Provide for the formation of a mandatory property owner’s association when a minimum of 80% of the lots in the subdivision are sold, or prior to the release of the maintenance assurance by the county, whichever comes first. The association shall be formed in perpetuity and membership in the association by lot or unit owners shall be compulsory;

         (f)   Ownership. Assign ownership of all stormwater management facilities and other common open space areas to the association. Each lot or unit owner shall own an undivided proportionate share of the stormwater management facilities and other common open space areas in the subdivision. Ownership of all deed-restricted open space, if any, shall be assigned to the owners of the lots on which the deed-restricted open space is platted;

           (g)   Use restrictions. State that all stormwater management facilities and other open space areas shall be used only for the purposes intended by this chapter and shall not be used or developed for or with any other use which would limit or cause to limit their use and function as intended by this chapter. Specific open space use restrictions, as specified by this chapter for each type of open space in the subdivision, also shall be stated in the declarations;

         (h)   Maintenance responsibilities. State that all stormwater management facilities, landscaping, and other common open space areas in the subdivision shall be maintained in perpetuity by the association. Each lot or unit owner shall bear proportionate responsibility for the maintenance of all stormwater management facilities, landscaping, and other common open space areas. Each lot or unit owner’s deed shall state that owner’s liability for maintenance of the stormwater management facilities, landscaping, and other common open space areas. State that all deed-restricted open space shall be maintained by the owner of the lot on which the deed-restricted open space is platted. The general maintenance provisions for stormwater management facilities, landscaping and open space areas as required by this chapter as well as the specific maintenance responsibilities as may be identified by the subdivision’s design consultants, if any, also shall be stated in the declarations;

         (i)   Assessment mechanism. Make provisions for the assessment and collection of all funds necessary for the repair and maintenance of all stormwater management facilities, landscaping, and other common open space areas within the subdivision. The assessments, together with interest, costs, and reasonable collection fees, shall be a charge on the land and shall be a continuing lien upon the property against which each assessment, together with interest, costs, and reasonable collection fees, also shall be made a personal obligation of the lot or unit owner of the property at the time the assessment fell due;

         (j)   Dedications and agreements. If any, reference dedications of school and recreational land within the subdivision, and/or all agreements for cash donations in lieu of dedication of school or recreational sites;

         (k)   Transfer of ownership. Make provisions for the transfer of ownership in the stormwater management facilities and other common open space areas from the declarant to the association;

         (l)   Transfer of maintenance responsibilities. State the declarant shall be responsible for the maintenance of all stormwater management facilities and other common open space areas, regardless of ownership, until such time as 80% of the lots or units in the subdivision have been sold. Further state that the declarant shall not transfer the maintenance responsibilities in stormwater management facilities and other common open space areas until all maintenance assurances held by the county for the required improvements have been released by the county;

         (m)   Enforcement. The declarations shall include provisions for the following enforcement mechanisms:

            1.   Enforcement of the declarations may be any proceeding at law or in equity, either to restrain violation or to cover damages by the association, any lot or unit owner, or the county, against any person violating or attempting to violate any covenant or restriction;

            2.   Duly designated officials and employees of the county shall be granted a perpetual easement to enter upon, on, or over all stormwater management facilities and other open space areas in the subdivision to ensure that the facilities and areas are being used properly and maintained in accordance with this declaration and all applicable county ordinances;

            3.   The failure of the association to enforce the provisions of this declaration with respect to the proper use and maintenance of any stormwater management facility or any other open space area in the subdivision shall operate to empower the county to act for and on behalf of the association, subject to reasonable inspection notice and demand requirements, and perform all maintenance or other operation necessary to ensure that all stormwater management facilities and other open space areas function and may be used as intended by this chapter; except that, in the event that the county finds that the failure to enforce the provisions of this declaration has created an immediate threat to public health, safety, and welfare, the county shall not be required to give notice before causing the correction of the problems arising from the failure of the association to enforce the provisions of this declaration. Furthermore, the county shall be entitled to reimbursement by the association for all reasonable costs incurred by the county in acting for, and on behalf of, the association including placing liens on all properties that are part of the association; and

            4.   The failure of the association, any lot or unit owner, or the county to enforce any covenant or restriction shall in no event be deemed a waiver of the right to do so thereafter.

         (n)   Phased subdivisions. If the subdivision is to be platted in phases, the declaration shall contain provisions for the phased platting;

         (o)   Amendments. The declaration may contain provisions permitting the addition, amendment, or termination of any covenant or restriction; shall contain provisions that the addition, amendment, or termination of any covenant or restriction shall not be permitted if the result would in any manner diminish the function of the declaration with respect to the use and maintenance of stormwater management facilities and other open space areas required by this chapter in the subdivision unless otherwise approved by the County Plat Officer;

         (p)   Severability. The declaration shall contain a severability clause;

         (q)   Execution. The declaration shall include the notarized signature of the declarant. The declaration shall not be executed until it has been approved by the Multi-Disciplinary Team; and

         (r)   Agreements. The developer shall obtain all school and recreational land agreements as required by §§ 151.220 and 151.221, if any. Each agreement shall include a legal description of the land to be subdivided and shall reference the final plat by name and document number as assigned by the Lake County Recorder.

   (E)   Engineering improvement plans and details.

      (1)   Applicability. Engineering plans, reports and calculations shall be required for all minor or major subdivisions and road extensions. The Multi-Disciplinary Team shall determine the extent of engineering information required for lot splits or plat amendments based on the subdivision’s impact on existing roads, sanitary sewer and water main infrastructure, natural resources, or drainage.

      (2)   Submission requirements.

         (a)   Table 151.193(E) provides a detailed list of the documents required to be submitted at the preliminary plat and final plat stages of the subdivision process. Unless authorized by the Multi-Disciplinary Team, engineering plans and reports shall be prepared in accordance with the application requirements and document standards specified in this section.

         (b)   The Multi-Disciplinary Team shall be authorized to modify the information to be submitted and the format in which it is submitted based on the complexity of the subdivision to assure a thorough review of the subdivision’s impact on natural resources, soils, stormwater, sanitary sewer and water services, transportation, and access components.

 

      (3)   Engineering reports and calculations.

         (a)   Engineering reports. When required by this chapter, the consulting engineer shall provide engineering reports for all preliminary plat and final plat applications. The reports shall be bound into a document which includes information related to roadways, access, stormwater management, soils, drain tiles, and sanitary sewer and water main details, when applicable, to assist staff in evaluating compliance with this chapter.

            1.   Stormwater management improvements. A description of the proposed stormwater management system, including drainage for road rights-of-way and the following information:

               a.   Stormwater management report. At the preliminary plat stage, the stormwater management report may be limited to drainage calculations, including detention basin sizing and storage calculations, and basin restrictor size calculations. A full report containing the following information shall be provided at the final plat stage of the subdivision process.

                  (i)   Stormwater manage-ment narrative. A brief explanation of existing site drainage conditions, existing structures, an explanation of proposed site drainage conditions, nature of proposed development, an explanation of stormwater modeling used for the subdivision, and an explanation of compliance with the runoff hierarchy of § 151.146(D) and a summary of the results;

                  (ii)   Drainage exhibits. The subject property boundary depicted on:

                     (I)   The best available topographic information, including all on-and off-site tributary drainage areas defined, including their acreage and points of entry and discharge;

                     (II)   A Federal Emergency Management Agency Flood Insurance Rate Map (FIRM);

                     (III)   A county wetland inventory map; and

                     (IV)   A soils inventory map.

                  (iii)   Detention basin storage volume calculations;

                  (iv)   Storm sewer pipe sizing calculations;

                  (v)   Tributary area exhibit;

                  (vi)   Outlet control structure restrictor sizing calculations; and

                  (vii)   Overflow weir calculations.

               b.   Base flood elevation report. If a flood-prone area of unknown elevation exists on or near the subject property, a base flood elevation analysis report must be submitted to the County Department of Planning, Building and Development or the Lake County Stormwater Management Commission, whichever is appropriate, for review and approval. Refer to § 151.147(B) for further information.

               c.   Wetland report. If the subject property contains any existing wetlands, a wetland study report will be required for the subdivision. Refer to §§ 151.145 through 151.154 for complete requirements.

            2.   Stormwater maintenance report and plan. A short-term and long-term maintenance plan, prepared by an appropriate professional, shall be submitted at the final engineering stage consisting of a narrative describing the short-term and long-term maintenance practices to be implemented for on-site stormwater management facilities and the responsible parties. This document may include but is not limited to the following: maintenance of pipes, swales, basins, native plantings, mowing and controlled burning, in addition to other necessary procedures to ensure maintenance of the facilities in accordance with the approved final engineering plans.

            3.   Sewer and water improve-ments report. At the preliminary plat stage, the sewer and water improvement report may be limited to a general discussion with related maps and/or calculations that address how the following items will be addressed in subdividing the property. A full report containing the following information shall be provided at the final plat stage of the subdivision process:

               a.   A description of the proposed means of sewage disposal (on-site waste water disposal or public sewer) and water supply (private water well or public/community water supply);

               b.   Proposed points of connection to existing public systems;

               c.   A discussion of capacities and modification to existing facilities to accommodate additional system demand, if required;

               d.   A description of easements and future ownership/operation of improvements;

               e.   Design basis including number of units and projected flow calculations;

               f.   Invert elevations at point of connection and lowest on-site invert elevation;

               g.   A determination if a sanitary sewer lift station will be required;

               h.   A determination if an existing sanitary sewer lift station will require upgrading;

               i.   A discussion of current and future looping of water mains;

               j.   A discussion of critical factors affecting design, if any (e.g., river, railroad, highway crossings, wetlands, floodplains, or extreme grade changes), and the method of installation (e.g., directional boring requiring room for receiving pit); and

               k.   A discussion of major anticipated system improvements and proposed locations such as well house, water treatment facilities, wells, elevated water towers, reservoirs, lift stations, and emergency generators if required.

         (b)   Site capacity calculations. When applicable, site capacity calculations shall be prepared in accordance with § 151.070 of this chapter and shall be submitted with a natural resource inventory and natural resource protection plan specified in subsection (E)(4)(g) of this section. At the preliminary plat stage, these calculations may be submitted in draft form along with the associated natural resource inventory and natural resource plan.

      (4)   Engineering plan sheets.

         (a)   Cover/title page. This sheet shall be labeled “Cover or Title Page” and shall include the following information:

            1.   A detailed vicinity map depicting the location of the subject property boundary in relation to major roads, natural features, municipalities, and the like so the property being developed can be easily located;

            2.   An index of all sheets;

            3.   The parcel identification number(s) of the property to be subdivided;

            4.   A legend of all symbols and abbreviations used in the plans;

            5.   The imprinted seal, signature and license expiration date of the engineer responsible for the preparation of the plans;

            6.   Surface water drainage statement (see Appendix D);

            7.   Location and elevation of benchmarks; and

            8.   Lake County Division of Transportation general notes (see Appendix C).

         (b)   Master plan. A master plan shall be required only when the proposed subdivision cannot be portrayed on a single 24-inch by 36-inch sheet at a scale of one inch equals 50 feet. This sheet shall be labeled “Master Plan” and shall include the following information:

            1.   The proposed layout of all lots and road rights-of-way, lot numbers, road names, water mains, sanitary sewers, and storm sewers drawn to any scale that is read easily and which can be portrayed conveniently on a single 24-inch by 36-inch sheet;

            2.   Match lines showing the sheet segmentation of the subdivision when drawn at a scale of one inch equals 50 feet on 24-inch by 36-inch sheets; and

            3.   If the subdivision will be platted in phases, the limits of each phase.

         (c)   Existing conditions plan. The following existing conditions for the property to be developed shall be shown:

            1.   The existing lots, parcels, road rights-of-way and easements, including street names, on the subject site and on all adjoining parcels;

            2.   The location of all existing man-made features such as houses, barns, and other constructed features;

            3.   A topographic survey prepared either by a surveyor or an engineer containing the following information:

               a.   Existing contour lines at not greater than one-foot intervals extending a minimum of 200 feet off-site. All elevations shall be referenced to National Geodetic Vertical Datum (NGVD), 1988 (NAVD), which supersedes the NAVD 29 datum used prior to Sepctember 18, 2013;

               b.   The reference benchmark and elevation shall be cited; and

               c.   Spot elevations order to verify the accuracy of the topographic survey.

            4.   The location of all known field and storm drainage tiles as evidenced in a field tile survey and report prepared in accordance with subsection (E)(4)(f) of this section;

            5.   The normal shoreline of water bodies, channels, existing detention basins, their easements, and direction of flow;

            6.    The location, size, and flowline elevation of all existing storm sewers, culverts, sanitary sewers, and water mains of record;

            7.   The location of all existing individual sewage disposal systems of record; and

            8.   The location of all existing wells of record.

         (d)   Grading and drainage plan. A grading and drainage plan containing the following information shall be prepared in accordance with §§ 151.145 through 151.154 of this chapter.

            1.   Existing conditions. The existing conditions described above. The existing conditions shall be screened with the proposed improvements items below overlaid;

            2.   Platted improvements. The location of proposed lots, road rights-of-way and easements, including lot numbers and street names;

            3.   Engineered improvements. The approximate location of proposed structures, roads, sidewalks within the road right-of-way, and other impervious surfaces;

            4.   Phase limits. If the subdivision will be platted in phases, the limits of each phase;

            5.   Waste disposal and wells. When applicable, the approximate location of proposed on-site waste disposal systems and private wells;

            6.   Grading and drainage improvements.

               a.   Topographic survey with proposed contour lines at not greater than one-foot intervals. Proposed spot elevations shall be provided at all breaks in grade and where necessary to indicate grade changes in areas of low relief;

               b.   Off-site drainage areas, points of discharge and entry, velocity of flow, and flow quantities;

               c.   An indication of the direction of water flow in all existing and proposed swales;

               d.   Drainageways, including the slope of channel and existing and proposed typical cross-sections and profiles;

               e.   The location of all existing streams and floodplains to be maintained, and proposed channels to be constructed, including specifications and dimensions of proposed channel modifications, locations, and orientation of cross-sections and profiles;

               f.   The location of all existing detention basins to be maintained, enlarged, or otherwise altered, and proposed basins and their design showing the following:

                  (i)   Length, width, dimension;

                  (ii)   Berm elevation;

                  (iii)   Water elevation - normal and high;

                  (iv)   Bottom slope elevation;

                  (v)   Control structure details (e.g., outlets, restrictors, spillways);

                  (vi)   Contours at one-foot intervals; and

                  (vii)   Overflow weir locations and dimensions.

               g.   The location, type, length, size, and slope of proposed storm sewers and culverts, if any, together with all related structures, including rim and invert elevations;

               h.   Proposed culverts and bridges, their materials, elevations, and waterway openings;

               i.   Cross-sections of all existing and proposed channels or other open drainage facilities showing the elevation of the existing land and the proposed changes thereto, together with the calculated high water elevations expected from stormwater overland flowpath, and the relationship of structures, roads, and other utilities;

               j.   The limits of grading and other construction activities;

               k.   Proposed elevations in U.S. Geological Survey datum for top of foundation, walkouts and lookouts; finished grade elevations around all proposed structures; and

               l.   The pavement elevations at each 100-foot centerline station point, at street intersections and at the center of cul-de-sacs, and indications of direction of stormwater flow.

            7.   On-site waste disposal systems and private wells.

               a.   When applicable, the soil map showing all boring locations, as provided by a licensed soil classifier, overlaid onto the grading plan. All soil boring logs must also be included.

               b.   When applicable, the location of proposed private water wells.

         (e)   Soil erosion and sediment control plan. This sheet shall be labeled “Soil Erosion and Sediment Control Plan” and shall be prepared in accordance with the provisions of §§ 151.145 through 151.154 of this chapter.

         (f)   Field tile survey. When required by §§ 151.145 through 151.154, a field tile survey may either be furnished as an independent report and plan or incorporated into the preliminary engineering or final engineering plans for the subdivision. When incorporated into the preliminary engineering or final engineering plans for the subdivision, the sheet shall be labeled “Field Tile Survey” and prepared in accordance with the provisions of §§ 151.145 through 151.154. Field tile systems disturbed during the site development process must be reconnected by those responsible for their disturbance, unless the approved drainage plan allows their relocation.

         (g)   Natural resource inventory and protection plan. This sheet shall be labeled “Natural Resource Protection Plan” and shall be prepared as an overlay of the grading and drainage plan containing the following information.

            1.   The location and extent of the following natural resources, as defined in § 151.071 of this chapter:

               a.   Nonlinear water bodies (lakes and ponds);

               b.   Linear water bodies (channels);

               c.   Regulatory floodplains, flood-prone areas, and limits of floodways;

               d.   Water body buffers (for linear and nonlinear water bodies);

               e.   Wetlands;

               f.    Mature woodlands; woodland groves; significant trees; and

               g.   Young woodlands.

            2.   The location and extent of all natural resource protection areas and the location, type, and nature of all temporary and permanent measures and practices to be utilized to protect natural resource protection areas from development activities, as required by this chapter; and

            3.   A table similar to the following Table 151.193(E)(4)(g) indicating the gross area (pre-development area) of each identified natural resource, the net area (post-development area) of each identified natural resource and the percentage protection of each identified natural resource shall be represented.

 

 

         (h)   Typical road cross-sections. This sheet shall be labeled “Typical Road Cross-Sections”. Cross-sections shall be prepared at a horizontal scale of one inch equals ten feet and a vertical scale of one inch equals five feet and shall contain the following information:

            1.   Typical road cross-section of the existing right-of-way conditions (if applicable);

            2.   Typical road cross-section of the proposed improvements including pavement structure, pavement cross-slope, ditch slope rates, and other horizontal width components such as right-of-way, pavement, shoulder, curb and gutter, ditches, and the like; and

            3.   For examples refer to typical cross-sections for local streets, Appendix O of this UDO.

         (i)   Infrastructure improvement plan and profile. This sheet shall be labeled “Infrastructure Improvement Plan”. Plan and profile views shall be shown on the same sheet using the same scale. The plan view shall be located at the top of the sheet with the corresponding profile shown below. Plans and profiles shall be prepared with a horizontal scale between one inch equals 50 feet and one inch equals 20 feet and a vertical scale with a 10:1 ratio to the horizontal scale and shall include the following information:

            1.   Plan view.

               a.   Existing conditions shall be screened with proposed improvements such as platted improvements (location of proposed lots, road rights-of-way and easements, including lot numbers and street names), engineering improvements, and phase limits;

               b.   The location of proposed structures, roads, sidewalks within the road right-of-way, utilities, storm sewer, sanitary sewers, water mains, and other impervious surface dimensioned showing widths and offsets from the centerline;

               c.   Centerline of the proposed roadway with construction stationing at 100-foot intervals;

               d.   Complete horizontal curve data for the proposed roads;

               e.   Intersection pavement and right-of-way radii;

               f.   Topography of all berms, ponds, swales, and drainage adjacent to the right-of-way line;

               g.   The location, type, length, size, and slope of proposed sanitary sewers, storm sewers, and force mains together with all related structures, including rim, invert elevations, and connections to off-site collection systems;

               h.   The location and design of proposed sanitary sewer lift stations;

               i.   The location and design of proposed wells, well houses, storage tanks, and similar water works;

               j.   The type and inverts of all culverts with locations noted by station and station offset; and

               k.   The type and inverts of all flared end sections with locations noted by station and station offset.

            2.   Profile view.

               a.   The gradelines of existing and proposed road centerlines;

               b.   Elevations of existing and proposed centerlines at corresponding stations;

               c.   Complete vertical curve data;

               d.   Complete storm sewer, sanitary sewer and water main structures;

               e.   Complete storm sewer and sanitary sewer lines, water mains, culvert, and utilities noting percent gradient; and

               f.   For subdivision with open drainage systems, the gradeline of existing and proposed ditch lines on both sides of the road noting the proposed percent gradient.

         (j)   Road cross-sections. This sheet shall be labeled “Road Cross-Sections”. Cross-sections shall be prepared at a horizontal scale of one inch equals ten feet and a vertical scale of one inch equals five feet and shall contain the following information:

            1.   Road cross-sections shall be provided at each 100-foot road centerline station point, each utility crossing, each crossroad culvert, and the center of proposed cul-de-sacs and T-turnarounds.

            2.   Road cross-sections shall show the existing ground elevation and topography together with all engineered improvements within and under the right-of-way. The road cross-sections shall show proposed ground elevations meeting existing ground elevations, whether inside or outside the right-of-way.

         (k)   Construction details and standards. This sheet shall be labeled, “Construction Details and Standards” and shall contain all notes, details, and/or specifications that are required by this and other applicable county ordinances and/or that are needed for the construction of the proposed subdivision and are not provided elsewhere in the final engineering improvement plans. For street improvements, the following information shall be included on this sheet:

            1.   Typical section for pavement design;

            2.   Typical section for shoulders, ditching, and slopes;

            3.   Special details; and

            4.   Summary of quantities.

         (l)   Pavement marking, sign location, and street lighting. This plan shall be labeled, “Pavement Marking, Traffic Control, and Street Lighting” and shall be prepared at a scale of no less than one inch equals 100 feet and shall contain pavement markings, sign locations, and streetlight locations, and any detail and standards related to this information.

         (m)   Landscape and recreational improvement plan. When required, a landscape architect or landscape designer with the necessary knowledge of plants and design skills shall provide a landscape plan and recreational improvement plan that performs the following functions: treats all applicable areas of the site required by § 151.167 of this chapter with suitable landscape material; and locates recreational improvements to promote access and use by residents (see § 151.221). The plan shall be labeled “Landscape and Recreational Improvement Plan” and shall include the following information:

            1.   Platted improvements. The location of proposed lots, road rights-of-way and easements, including lot numbers and street names;

            2.   Engineered improvements. The location of proposed structures, roads, sidewalks within the road right-of-way, and other impervious surfaces;

            3.   Phase limits. If the subdivision will be platted in phases, the limits of each phase;

            4.   Landscaping. The location, size, and type of proposed landscaping as required by § 151.167 of this chapter, if any, together with the location, number, species, and size of required landscape plant material; the type and size of structures, if any; and a landscape plant schedule;

            5.   Recreational improvements. The location and design of proposed recreational improvements, if any, as required by this chapter;

            6.   Significant trees and woodlands. The location of significant trees and woodlands as defined by § 151.071(I) of this chapter and their protection measures; and

            7.   Reforestation area. Reforestation area, if required, together with the location, number, species, and size of required landscape plant material.

      (5)   Cost estimate and schedule.

         (a)   Cost estimate. An estimate of probable expenditures necessary to construct the proposed subdivision in full compliance with all applicable standards shall be signed and sealed by the engineer of record. Unless otherwise authorized by the Multi-Disciplinary Team, the cost estimate shall be divided into: (1.) Subdivision Assurance Valuation, representing 120% of the total cost of all subdivision improvements, and (2.) the Restoration Valuation, representing 30% of the Subdivision Assurance Valuation estimate; at a minimum, when applicable, the following information shall be included in the estimate.

            1.   Subdivision assurance valuation.

               a.   Mass grading and earthwork (i.e., clearing, grubbing, mass grading, fine grading);

               b.   Drainage improvements (i.e., detention construction, storm sewer, outlet control structures, end sections, and the like);

               c.   Roadway improvements (i.e., base, binder, surface improvements, curb and gutter, sidewalks, signage, traffic control, and the like);

               d.   Sanitary sewer and water main improvements;

               e.   Landscape improvements;

               f.   Retaining walls;

               g.   Recreational improve-ments;

               h.   Soil erosion sediment control and natural resource protection measures and practices; and

               i.   Engineering and surveying consulting services (minimum 10% of the total improvement costs).

            2.   Restoration valuation. The valuation of the restoration amount for any subdivision shall represent 30% of the total costs for the subdivision improvements.

         (b)   Construction schedule. A construction schedule shall be provided with the final engineering plans in the form of a time scale network. The time scale network shall identify each critical task involved in the construction of the subdivision and the beginning and completion of each task in relation to each other task. Exact dates need not be identified during the review of final engineering improvement plans; specific dates for the beginning and completion of each task will be identified at the time of the preconstruction conference.

(Ord., § 10.9, passed 10-13-2009)

   (A)   General. All streets shall conform to the applicable standards of Illinois Department of Transportation, the Lake County Division of Transportation (“County Engineer” in this section), and Township Road District, hereafter defined as “Roadway Authority”. All required street improvements shall be approved by the County Engineer as a condition of approval of the final engineering plans.

   (B)   Modifications from street standards.  

      (1)   The County Engineer may grant modifications from the provisions of this section in accordance with the minor modification procedures described in § 151.192. Decisions rendered by the County Engineer shall take into consideration existing conditions, site limitations, and whether in the professional opinion of the County Engineer the modification will negatively affect the function, structural composition, or the public health, safety, or general welfare.

      (2)   If in the course of considering a modification request, the County Engineer believes the public interest would be best achieved by consideration of the modification before the Planning, Building and Zoning Committee, the request may be returned to the Director with a request for formal action on the modification by the Planning, Building and Zoning Committee.

   (C)   Streets and stormwater conveyance. In no instance shall a 100-year storm event be allowed to encroach upon any part of the pavement of any street.

   (D)   Access and improvement to external streets.

      (1)   Accessibility. All land to be subdivided shall have access to a public street that has been improved in accordance with the standards of this chapter or standards provided by the relevant roadway authority having jurisdiction over the street. The developer shall obtain approval from the roadway authority having jurisdiction to provide access to the street.

      (2)   Compliance. If an existing public street which provides access to the subdivision does not comply with the minimum standards required by this chapter for the street classification, the developer shall be required to improve the existing street to the minimum standards of this chapter, or standards provided by the roadway authority. The type and extent of the improvement shall be determined by the roadway authority with jurisdiction. The final engineering plans shall include the proposed improvements to the existing streets and financial assurances shall be provided for the cost of the improvements in accordance with § 151.203.

      (3)   Subdivision access standards.

         (a)   Streets that intersect with arterial or collector streets that are under the jurisdiction of the Lake County Division of Transportation shall be subject to compliance with the Lake County Access Regulation Ordinance (see Chapter 91).

         (b)   Streets that intersect with freeway, arterial or collector streets that are under the jurisdiction of the Illinois Department of Transportation shall be subject to compliance with all Illinois Department of Transportation standards.

         (c)   Streets that intersect with a strategic regional arterial route shall be subject to compliance with the strategic regional arterial plan for that route.

         (d)   Streets that intersect with an existing local street shall be subject to compliance with the Access Regulation Ordinance (see Chapter 91) if the agency having jurisdiction for the existing local street does not have standards in place. The access location shall be approved by the agency having jurisdiction for the local street.

         (e)   All street intersections shall be at right angles.

      (4)   Lot access requirements.

         (a)   In a subdivision containing internal local streets, access to lots shall be from the local street contained within the subdivision.

         (b)   When lots border on an existing or proposed freeway, arterial, or collector street, access to lots shall be provided by:

            1.   A marginal access street that is separated from the freeway, arterial, or collector by landscaping and provides access to the higher classification street at appropriate points; or

            2.   Shared driveways or access ways with the approval of the roadway authority with jurisdiction.

   (E)   Reserve strips. Reserve strips controlling access to streets shall not be permitted.

   (F)   Street names. Street names shall not be similar to or duplicate any other street in the township or adjacent townships and municipalities. New streets that are extensions of or in alignment with existing streets shall bear the name of the existing street. The names of all streets must be acceptable to the Lake County Division of Transportation, the Township Highway Commissioner, the local Fire Protection District and the U.S. Postal Service.

   (G)   Street signs.

      (1)   A sign study may be required upon completion of all streets in the subdivision to at least the binder course. In order to obtain a sign study, the Township Highway Commissioner shall submit a written request to the County Engineer. The developer shall reimburse the road district 100% of the costs related to the sign study, sign materials, and sign installation.

      (2)   Street name signs shall be erected at all street intersections within the subdivision. Regulatory and directional signs shall be erected at locations indicated by the Township Highway Commissioner or as shown on the sign erection permit. Stop signs shall be erected at all locations where the subdivision street exits onto an existing street. Signs and sign posts shall meet the minimum requirements set forth in the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways (IMUTCD), latest edition, and the policies and guidelines of the agency having jurisdiction of the road or intersection. Only signs authorized by the highway authority having jurisdiction and in compliance with the IMUTCD shall be permitted to be placed, displayed, or maintained within the right-of-way.

   (H)   Utility placement. Utilities, including water mains and sanitary sewers shall not be located beneath street pavement or associated curbs and gutters. Utility crossings shall be permitted at right angles only or the shortest distance under pavement as determined by the Lake County Division of Transportation.

   (I)   Traffic signals.

      (1)   Traffic impact study; signalization warrants. A traffic impact study shall be submitted in accordance with the guidelines established in the Access Ordinance (Chapter 91) to determine if signalization warrants, as established in the Illinois Manual on Uniform Traffic Control Devices for Streets and Highways (IMUTCD) are met. If the projected traffic generated by the subdivision meets the warrants established in the IMUTCD it shall be documented in the traffic impact study. The traffic impact study shall clearly demonstrate that the traffic signal, if required, will not impede coordinated traffic flow, result in undue delay or impair traffic operations or safety.

      (2)   Payment of signal costs.

         (a)   If the traffic impact study indicates that the subdivision’s projected traffic meets or exceeds the signalization warrants established by the IMUTCD, the developer shall be required to deposit funds in escrow with the road district to pay for the future costs of installation of the traffic signal.

         (b)   The escrow amount shall be equal to the current average estimated cost of installing traffic control signals, plus an additional 30% to cover the cost of engineering and administration.

         (c)   A cashier’s check, bank draft, certified check, or bank money order in the required amount shall be made payable to the road district and shall be submitted to the road districts for deposit in an escrow account to be used only for the specified improvement. A certificate of deposit shall not be acceptable.

   (J)   Haul streets. Haul streets may be required for construction access to the subdivision in order to prevent damage to existing streets.

   (K)   Street layout.

      (1)   Arrangement. The arrangement of streets within a subdivision shall be based on the following design criteria.

         (a)   Existing and proposed streets shall be extended to adjacent developed or undeveloped property based on consideration of the following factors:

            1.   The presence of protected natural resources (e.g., wetland, creek);

            2.   Compatibility of land uses;

            3.   Availability and location of alternate access points;

            4.   Impact on circulation within an adjacent neighborhood; and

            5.   Ability to provide public services to the subdivision, including the ability of the roadway authority to provide maintenance services to area residents.

         (b)   The centerline of street pavements shall be centered in the right-of-way.

      (2)   Topography.

         (a)   Streets shall be related appropriately to topography, soils, drainage, and natural resources.

         (b)   They shall be arranged to obtain as many building sites as possible at or above the grades of the streets.

         (c)   A combination of steep grades and curves shall be avoided.

      (3)   Streets along boundary lines.

         (a)   Streets may be laid out on the boundary of the subdivision.

         (b)   The Director shall notify the owner of property adjacent to the proposed street.

         (c)   If the Planning, Building and Zoning Committee finds that the neighboring property will be detrimentally affected by the creation of new zoning nonconformities, neighbors’ written consent shall be required prior to approval of preliminary plat or the final plat if a preliminary plat is not required.

   (L)   Street design standards.

      (1)   Grades.

         (a)   The maximum grade for collector streets and streets of higher classification shall not exceed 4%.

         (b)   The maximum grade for local streets shall not exceed 6%.

         (c)   The maximum grade for private streets shall not exceed 8%.

         (d)   The maximum grade for all driveways continuing outside of the right-of-way shall not exceed 8% unless written approval is obtained from the County Engineer.

         (e)   The grade of all streets shall not exceed 0.4%.

      (2)   Geometrics. Street geometrics shall conform to the design standards established in the Illinois Department of Transportation’s Bureau of Local Roads and Streets Manual (BLR). Streets shall be designed on the basis of the following design speeds:

 

 

         (a)   Horizontal curvature. Angles on the centerlines of streets shall not be permitted except at intersections. Centerline radii shall be as follows:

 

 

         (b)   Vertical curvature. Vertical curves shall be required at all locations where the algebraic difference on the grades is 1% or greater. Vertical curves shall be designed as follows:

 

 

         (c)   Cross-sections. Street cross-sections shall be built to the specifications as shown on the typical cross-section (see Appendix O, typical local road cross-sections, Figures 1 and 2, or typical alternative local road cross-section, Figure 3).

         (d)   Minimum radii. Minimum intersection radii shall be as follows:

 

 

         (e)   Medians. Medians shall only be permitted with the written approval of the Township Highway Commissioner. The Township Highway Commissioner shall submit the written approval to the County Engineer.

   (M)   Right-of-way and pavement standards.

      (1)   General. Rights-of-way shall not be included within the dimensions or areas of lots or parcels. With the exception of private streets, as provided by § 151.190, all rights-of-way shall be dedicated to the public.

      (2)   Rights-of-way and pavement width requirements.

         (a)   Applicability of standards. All streets contained in proposed subdivisions, or streets contained in existing subdivisions that do not qualify for development standards for unimproved existing rights-of-way defined in subsection (R) of this section shall meet the right-of-way and pavement width requirements specified in Table 151.194(M).

         (b)   Establishment of standards. Minimum right-of-way and pavement widths shall be as designated by the Illinois Department of Transportation, Lake County Division of Transportation and, as noted in Table 151.194(M), major arterial and collector streets maintained by the Illinois Department of Transportation shall have a right-of-way width between 120 and 150 feet. The dedication of right-of-way for an expressway shall not be required but shall be reserved as required by § 151.190 of this chapter.

 

      (3)   Pavement structure. This section establishes material specifications, as defined in the Illinois Department of Transportation Standard Specifications for Street and Bridge Construction, as amended, hereafter referred to as the Standard Specifications, for subdivision pavement structure for detached house (single family) and multi-dwelling subdivisions. It also establishes the minimum thickness of the pavement structure for detached house (single family) and multi-dwelling subdivisions. The pavement structure of all commercial and industrial subdivisions shall be designed on a site-by-site basis, in accordance with Illinois Department of Transportation standards for 80,000-pound weight limits. Once the binder course has been placed, no open cutting of the pavement for the installation of storm sewer or utilities shall be permitted.

      (4)   Pavement structure-material specifications and minimum pavement thickness for detached house (single family) and multi-dwelling subdivisions.

         (a)   Collector street. Pavement structure requirements for a collector street shall be in accordance with Illinois Department of Transportation standards for 80,000-pound street limits.

         (b)   Local street.

 

 

         (c)   Private street.***

 

 

   (N)   Cul-de-sacs and turnarounds.

      (1)   General. Cul-de-sacs shall be provided for all streets where the street terminus is a permanent dead-end. The center of the cul-de-sac shall not be more than 30 feet from the centerline of the cul-de-sac street.

      (2)   “T” turnarounds. T-turnarounds are discouraged. The use of “T” (shaped) turnarounds may be authorized in lieu of cul-de-sacs only when it is determined that due to environmental factors, limited density, or other conditions unique to the subdivision, their use is justified.

      (3)   Stub streets. A temporary cul-de-sac (standard or “T”) shall be provided at the terminus of all stub streets. The right-of-way lines and constructed pavement shall be extended to the boundary line of the proposed subdivision if the adjacent property is undeveloped. Type III barricades and “Street Closed” signs shall be erected at the terminus during the construction phase. At the completion of the street construction, “End of Street” signs with two reflective diamonds shall be erected at the terminus. The following notation shall be placed on the subdivision plat: “Future access connection for adjacent development. Right-of-way alignment may be changed upon the extension of the street”. It also shall be noted on the plat that no direct access to the “T” turnaround shall be permitted until such time as the temporary “T” turnaround is removed and the street extended.

      (4)   Cul-de-sac standards.

         (a)   Geometric standards. Cul-de-sacs shall comply with the following geometric standards:

 

 

 

         (b)   Length. No more than 40 dwelling units may be served by a cul-de-sac or a single point of access unless approved by the Planning, Building and Zoning Committee.

   (O)   Curbs and gutters.

      (1)   When required. Curbs and gutters shall be required in the following conditions:

         (a)   All subdivisions with a storm sewer drainage system; and

         (b)   All subdivisions except single family residential subdivisions containing lots with an average area of 40,000 square feet or more.

      (2)   Specifications. Curbs and gutters may be either of the barrier type (B6.12) with depressed entrances or the mountable type (M4.12). They shall conform to the BLR Manual except that the mountable type may have a minimum rise of four inches. When a depressed type of entrance is to be provided, the width shall be specified by the maintaining agency.

   (P)   Shoulders. Unless otherwise waived by the roadway authority with jurisdiction over a street, shoulders shall be required along all subdivision streets not provided with curbs and gutters. The shoulder shall be of the same material as the required aggregate base course and shall have a width extending one foot beyond each edge of bituminous surface.

   (Q)   Sidewalks.

      (1)   General standards.

         (a)   When required. Sidewalks shall be required on both sides of all streets except single family residential subdivisions containing lots with an average area of 40,000 square feet or more.

         (b)   Sidewalk modifications. Upon considering the overall subdivision design and the pedestrian circulation system provided elsewhere in the subdivision and on adjacent properties, the Director may approve modifications to the sidewalk requirement, provided all lots in the subdivision will have access to the pedestrian system.

      (2)   Specifications. Sidewalks shall be located one to four feet inside the right-of-way line and shall be at least five feet in width and five inches in thickness. Sidewalks shall be constructed using five-inch thick concrete with a four-inch aggregate base course, Type A. Sidewalks shall have curb ramps or sloped areas where sidewalks cross curbs, as required by current Americans with Disabilities Act Accessibility Guidelines (ADAAG). (Refer to Illinois Department of Transportation Standard, Sidewalk Ramps). Inlets shall not be located within sidewalks. Catch basin and manhole frames shall have closed lids when located within the sidewalk. Construction shall be in accordance with the Standard Specifications. (See subsection (M)(3) above.)

   (R)   Development standards for unimproved existing rights-of-way.

      (1)   Intent. The intent of this section is to provide development standards and review procedures for the evaluation and construction of unimproved rights-of-way located in recorded subdivisions so they can be incorporated into a township district road system. The applicant for a building permit or site development permit is responsible to ensure that the street to which access will be taken meets the minimum standards of this chapter. Due to the variability of site conditions, right-of-way dimensions, and the extent of street systems, alternate standards have been created to incorporate flexibility in the design process.

      (2)   Applicability. The provisions of this section shall apply to unimproved street rights-of-way that are contained within platted subdivisions existing prior to January 1, 1959. Unimproved rights-of-way that are contained in recorded subdivisions platted subsequent to January 1, 1959 and have not been accepted in to a township road system, shall be constructed in accordance with the standards for a new subdivision.

      (3)   Right-of-way and pavement width requirements.

         (a)   Minimum right-of-way requirements. A street that satisfies the applicability standards of this section shall have a right-of-way width of no less than 40 feet. Any unimproved street consisting of a right-of-way width that is less than 40 feet shall be widened to the minimum standard through means of a plat of dedication prior to approving the final engineering plans for construction of the street.

         (b)   Minimum pavement width requirements. The minimum pavement width standards for qualifying streets shall be no less than 22 feet for rights-of-way 50 feet or less, and 24 feet for rights-of-way greater than 50 feet, unless otherwise approved by the County Engineer and the Township Highway Commissioner of the road district containing the right-of-way.

      (4)   Construction standards.

         (a)   Applicants proposing to develop existing lots adjacent to existing unimproved rights-of-way shall be required to improve the road across the full width of the lot(s) from which access will be taken using the guidelines established in subsection (K)(1) unless modified by the County Engineer and Director.

         (b)   Unimproved rights-of-way that satisfy the applicability standards of this section shall be constructed in accordance with the street design standards of subsection (L), the pavement structure requirements of subsection (M) and typical cross-sections specified in Appendix O of this chapter. Adjustments in the width of pavement, the required end treatment for a stub street, and the need for curb and gutter or sidewalks will be determined at the time of a preapplication conference described in this section. Unless otherwise provided for in this section, all waivers from the minimum street standards shall be approved by the County Engineer.

      (5)   Procedure to construct substandard rights-of-way. Applications for the construction of unimproved rights-of-way that qualify for alternate street standards shall be processed as follows.

         (a)   Early Assistance meeting.

            1.   When access to lots is proposed from an unimproved right-of-way, the building permit or site development permit applicant shall contact the Director to determine the application procedure. Unless otherwise approved by the Director, review of permit applications for development on the lots adjacent to the unimproved right-of-way shall be suspended until a decision on the development standards for the substandard right-of-way has been made by the Township Highway Commissioner and the County Engineer, and final engineering plans have been approved by the Multi-Disciplinary Team.

            2.   Following this meeting with the applicant, the Director shall contact the County Engineer to arrange a preapplication conference meeting with the applicant and applicable review and permitting authorities. The purpose of this conference is for all permitting authorities, the Township Highway Commissioner, and the applicant to evaluate the condition of the right-of-way and to determine the requirements for the road cross-section.

            3.   Following the preapplication conference, and upon receipt of written comments from the County Engineer and other permitting authorities, the Director shall forward comments to the applicant to guide him or her in preparing final engineering plans for the street improvements.

         (b)   Engineering plan review.

            1.   The engineering plans for the street shall be prepared in accordance with the final engineering plan requirements specified in § 151.193(E) of this chapter.

            2.   Following a check-in meeting with the Director, and acceptance of the plans for distribution to the Multi-Disciplinary Team along with payment of applicable fees, the Director shall distribute the final engineering plans to all affected review agencies for their review and comment. The initial submission of the final engineering plans shall be subject to a 15-day review period by the Multi-Disciplinary Team, followed by a ten-day review period for all subsequent submissions of the final engineering plans until plans are approved by the Multi-Disciplinary Team.

            3.   Engineering plans shall not be approved until the following requirements have been met.

               a.   Notification. The Director has notified the applicant and all affected review and permitting agencies that the final engineering plans and cost estimate for the street have been approved.

               b.   Performance assurance. The applicant has filed a performance assurance in acceptable form with the Director.

         (c)   Construction and funding of unimproved rights-of-way.

            1.   The right-of-way shall be constructed in accordance with the approved final engineering plans and specifications for the road extension, and § 151.202 of this chapter.

            2.   The applicant shall be responsible for all costs associated with engineering, construction, and bonding for improvement of the street.

         (d)   Assurance of completion.

            1.   The applicant shall begin construction activities upon the issuance of a site development permit, and approval by the County Engineer and the affected Township Highway Commissioner of all traffic control devices and construction activities associated with the street improvement plans.

            2.   Any modification or change in the approved plans shall be evaluated in accordance with § 151.202 of this chapter. Unless an emergency exists, no field change shall occur in constructing the improvements unless the change is approved by the appropriate county representative. Any approved field change shall be reflected on the record drawings submitted as a condition of releasing the performance assurance for the street improvement plan.

            3.   Reductions, extensions, and releases of performance and maintenance assurances shall follow the procedures contained in § 151.203 of this chapter.

   (S)   Seeding. All ground surfaces within the right-of-way disturbed by the construction operations shall be fertilized, seeded, and mulched in accordance with the Standard Specifications. (See subsection (M)(3).)

   (T)   Lighting. Lighting shall be provided at all intersections and at the end of all cul-de-sacs and permanent T-turnarounds. The Township Highway Commissioner may submit in writing to the County Engineer a request to waive or revise these locations. The County Engineer shall make the final determination regarding lighting locations. Lighting standards, including pole type, brackets, luminaries, lamps, and underground wiring shall meet or exceed all current utility provider and township lighting standards and be acceptable by the current utility provider for service under the applicable energy and maintenance contract. The proposed lighting details and standards shall be provided on the final engineering plans and approved by the Township Highway Commissioner.

(Ord., § 10.10, passed 10-13-2009; Ord. passed - -)

   (A)   General.

      (1)   Design of water system. All water supply and distribution systems shall be designed and constructed in accordance with all applicable rules, regulations, and standards contained in local ordinances of the Lake County Health Department and the Lake County Public Works Department, the Illinois Environmental Protection Agency, the American Water Works Association, and the Standard Specifications for Water and Sewer Main Construction in Illinois. All water supply and distribution systems shall be designed at a minimum to provide adequate water pressure and flow for the intended use, including fire protection.

      (2)   Availability. Unless otherwise provided in this section, all residential subdivisions shall connect to a governmentally owned and operated water system, if one is available. For the purpose of this chapter, a governmentally owned and operated water system shall be considered available when the following conditions exist:

         (a)   The closest pipe of the distribution system is located within 1,000 feet of the property to be subdivided;

         (b)   The distribution system has sufficient volume and quality to serve the proposed subdivision; and

         (c)   The developer has received consent of the operator to connect to the distribution system.

      (3)   Dedication and extension of governmentally owned and operated water system. When connection to a governmentally owned and operated water system is required, the developer shall dedicate the improvements to the owner of the water system as part of final plat approval. In extending an existing governmentally owned and operated water system, consideration shall be given to future demands on the system which may require increasing system capacity and extension of the system to adjoining parcels.

   (B)   Connection requirements.

      (1)   If the Lake County Public Works Department or the Lake County Health Department determines that a governmentally owned and operated water system is available, the developer shall be required to connect to the system when the subdivision consists of a detached (single family) residential subdivision containing at least 15 lots with an average area of less than 40,000 square feet or a gross density of greater than 1.1 dwelling units per acre.

      (2)   In instances when a governmentally owned and operated water system is not available, a privately owned and operated community water system (ex., owned by property owners’ association) shall be required to serve single family residential subdivisions containing at least 15 lots with an average area of less than 40,000 square feet or a gross density of greater than 1.1 dwelling unit per acre and multifamily subdivisions.

   (C)   Ownership and maintenance responsibilities.

      (1)   Privately owned and operated water systems shall be owned and maintained by a property owners’ association formed through covenants and restrictions established during the platting process. The covenants and restrictions shall be recorded with the final plat.

      (2)   Consideration shall be given to the future connection of the privately owned and operated water system to a governmentally owned and operated water system.

   (D)   Private water systems. Private water systems (private wells) may be used in the following circumstances:

      (1)   Single family residential subdivisions having an average lot size of at least 40,000 square feet, or a gross density of less than 1.1 dwelling unit per acre;

      (2)   Single family residential subdivisions having fewer than 15 lots and a gross density greater than 1.1 dwelling units per acre;

      (3)   Lots created by a plat amendment or lot split; or

      (4)   Multiple-family and nonresidential uses with Health Department approval.

(Ord., § 10.11, passed 10-13-2009)

   (A)   General. All sanitary sewage disposal facilities shall be designed and constructed in accordance with all applicable rules, regulations, and standards contained in local ordinances of the Lake County Health Department and the Lake County Public Works Department, the Illinois Environmental Protection Agency, the applicable sanitary districts and the Standard Specifications for Water and Sewer Main Construction in Illinois. Plans, specifications, and construction work shall be subject to the approval and inspection of the Illinois Environmental Protection Agency, the Lake County Health Department, and the Lake County Public Works Department. If separate agencies operate or maintain collecting sewers and/or treatment works, an approval shall be obtained from each. Regardless of location, lot size, or number of lots, a subdivision shall be disapproved when the Health Officer finds that the drainage, soil conditions, disposal facilities, or other conditions may create a hazard to public health.

   (B)   Public sewage collection and disposal systems. Subdivisions shall be connected to public sanitary sewage collection and disposal systems when required by this chapter. All subdivisions connecting to public sewage collection and disposal systems shall consider the logical extension of existing sewage systems and to the future extension of the sewage system into adjoining parcels.

   (C)   Community sewage collection and disposal systems. Community sanitary sewage collection and disposal systems may be developed in subdivisions only when allowed by this chapter.

   (D)   Individual sewage disposal systems. Individual sewage disposal systems may be used when permitted by this chapter. (See § 151.170.)

(Ord., § 10.12, passed 10-13-2009)

   (A)   Site development standards. All subdivisions shall be subject to the site development regulations of §§ 151.145 through 151.154.

   (B)   Modification of standards. The Director, after consultation with relevant county staff, shall be authorized to modify the standards of this section provided such modification is not in conflict with other provisions of this chapter.

   (C)   Outside the right-of-way.

      (1)   Storm sewer facilities.

         (a)   General. Storm sewer facilities shall be used for stormwater management facilities only after conducting an analysis of the runoff reduction hierarchy (see § 151.146(D)) and upon determination by the Multi-Disciplinary Team that topography, poor drainage, or development intensity necessitate the use of storm sewers.

         (b)   Specifications. Storm sewers shall be designed and constructed in accordance with the Standard Specifications, the Illinois Department of Transportation Highway Standards and the Illinois Department of Transportation Bureau of Design and Environmental Manual (Design Manual).

            1.   The storm sewer system shall be of sufficient capacity to carry the discharge for a storm of ten-year frequency. Depending on site characteristics, a greater frequency design may be required. Storm sewer capacity calculations shall be required.

            2.   The engineer shall select coefficients of runoff based on the types of development anticipated in all parts of the watershed affecting the drainage structure. Information regarding the future development of the watershed shall be obtained from the Multi-Disciplinary Team.

            3.   The system shall include all necessary appurtenances such as inlets, catch basins, and manholes as may be required for proper operations and maintenance.

            4.   In those cases where a subdivision is subject to stormwater flow from adjoining land for a storm of 100-year frequency, the developer may be permitted to substitute an open ditch for storm sewer. The ditch shall comply with grading, seeding, sodding, and easement specifications of this chapter. Ditch capacity calculations and typical ditch cross-sections shall be required.

            5.   All storm sewers shall be at least 12 inches in diameter. The material can be reinforced concrete pipe or plastic. If plastic is used, manufacturer’s specifications (e.g., installation, depth of coverage) shall be submitted for review and approval by the Multi-Disciplinary Team. All storm sewer outfalls shall contain a concrete headwall or prefabricated end section. A rip-rap-lined apron shall be provided. Rip-rap calculations shall be required to determine the appropriate size. Special considerations shall be given to the avoidance of problems which may arise from the concentration of stormwater runoff onto adjacent property. All storm drainage shall be conducted and/or connected to an approved outfall and shall be included in the developer’s plans for stormwater management. The outfall shall be located at least ten feet from the boundary of an adjacent property. The concentrated flow shall be decentralized as sheet flow to adjacent properties unless connection approval is obtained from appropriate authorities.

            6.   All stormwater detention basin outlet pipes shall be equipped with anti-seep collars.

         (c)   Related structures. All manholes and catch basins (and any other special juncture boxes) shall be constructed with concrete material only and shall conform to the Illinois Department of Transportation Highway Standards and Standard Specifications.

      (2)   Subsurface drain tiles. The following design and construction guidelines shall be met:

         (a)   The main trunk line shall be a minimum six-inch diameter perforated plastic pipe;

         (b)   The drain tile shall connect directly to the site’s storm sewer system or discharge into the site’s proposed detention basin. The invert of the outfall shall be above the normal water level;

         (c)   A minimum of four inches of crushed stone (CA-6 or equivalent) shall be required around the outside diameter of the pipe. Silt sock or filter fabric shall be provided within the trench or around the pipe to prevent siltation;

         (d)   A four-inch diameter perforated plastic pipe shall be stubbed for each proposed lot within the subdivision. The developer shall tie in sump pumps to the storm sewer system prior to the issuance of a certificate of occupancy. If no storm sewer exists, sump pump discharges shall be at least ten feet from any property line. If discharges are located along side property lines, they shall be designed to enter swales, not abutting property. A minimum of 12 inches of fill shall be placed over the pipe;

         (e)   Drainage calculations shall be required for the sizing of the trunk line; and

         (f)   The trunk line shall be contained within a drainage easement with a minimum width of 15 feet.

      (3)   Swales and overland flow paths.

         (a)   Suitable means of soil erosion and sedimentation control shall be provided if calculations indicate erosive velocities will be reached.

         (b)   All swales shall have a minimum slope of 2%.

         (c)   Subsurface drain tiles described above may be required for all swales that traverse more than one lot and all overland flow paths.

      (4)   Field tiles. The following design and construction guidelines shall be met.

         (a)   All on-site field tiles shall be properly abandoned prior to mass grading of the site.

         (b)   A manhole shall be placed at a point where a field tile enters the proposed development.

         (c)   When possible, flows entering the development via a field tile shall be conveyed to its original point of discharge in a maintainable stormwater conveyance system. The flows should be routed around the proposed detention system as tile flow is not required to be detained.

         (d)   Standard engineering practices and the standards stated in this chapter shall be used in designing the conveyance system.

         (e)   The developer may be required to conduct an off-site field tile investigation to determine impacts on adjacent properties.

         (f)   Field tile systems disturbed during the site development process must be reconnected by those responsible for their disturbance, unless the approved drainage plan allows their relocation.

      (5)   Culverts. Material used for culverts that exceed 100 feet in length shall be limited to those permitted for storm sewers as specified in the Illinois Department of Transportation Standard Specifications, as amended. All culverts shall have end protection in the form of either concrete headwalls or prefabricated end sections. Flared end sections shall be required on all culverts and at the ends of all storm sewer pipes. Grates shall be required on all flared end sections.

   (D)   Inside the right-of-way.

      (1)   Storm sewer facilities.

         (a)   When required. Storm sewer facilities shall be required in all subdivisions except single family residential subdivisions containing lots with an average area of 40,000 square feet or more.

         (b)   Specifications. The design and construction of storm sewers shall be in conformance with the Standard Specifications, the Illinois Department of Transportation Highway Standards and the Illinois Department of Transportation Bureau of Design and Environmental Manual. The storm sewer system shall be designed by the “Rational Method” or another approved hydrograph-providing method, with self-cleaning velocities in conformance with the following requirements.

            1.   That part of the system which serves as the main or terminal collector shall be of sufficient capacity to carry the maximum discharge for a storm of ten-year frequency. Depending on the site characteristics, a greater frequency design may be required.

            2.   The engineer shall select coefficients of runoff based on the types of development anticipated in all parts of the watershed affecting the drainage structure. Information regarding future development of the watershed shall be obtained from the Multi-Disciplinary Team.

            3.   The system shall include all necessary appurtenances such as inlets, catch basins, and manholes as may be required for proper operations and maintenance.

            4.   In those cases where a subdivision is subject to stormwater flow from adjoining land for a storm of 100-year frequency, the developer may be permitted to substitute an open ditch for storm sewer. The ditch shall comply with grading, seeding, sodding, and easement specifications of this chapter. Ditch capacity calculations and typical ditch cross-sections shall be required.

            5.   All storm sewers shall be at least 12 inches in diameter. All storm sewers beneath the profile of the proposed street shall be load bearing pipe as determined in the Illinois Department of Transportation Standard Specifications. If a storm sewer composed of material other than reinforced concrete pipe is being proposed, the developer shall submit the manufacturer’s specifications for review. The alternate storm sewer material shall be approved by the County Engineer and the Township Highway Commissioner.

            6.   Special considerations shall be given to the avoidance of problems which may arise from the concentration of the stormwater runoff onto adjacent property. All storm drainage shall be conducted and/or connected to an approved outfall and shall be included in the developer’s plans for stormwater management. The outfall shall be located at least ten feet from the boundary of an adjacent property.

            7.   Pipe flowing full shall have a minimum velocity of three feet per second and a maximum velocity of ten feet per second.

            8.   If sump pumps and downspouts are designed to outlet into the right-of-way, they shall be connected directly to the storm sewer system or into a subsurface drain tile system, with highway authority approval, that discharges directly into the site’s stormwater management system.

            9.   Sump pumps and downspouts shall be regulated in accordance with § 151.146(H)(2).

         (c)   Related structures.

            1.   Catch basins, manholes, inlets, frames, and grates shall have bicycle-safe grates and conform to the Illinois Department of Transportation Highway Standards and Illinois Department of Transportation Standard Specifications.

            2.   The spacing of pavement drainage structures shall be at maximum intervals of 350 feet. When a crest lies between the drainage structures, the maximum interval may be 700 feet. When a sag lies between drainage structures at a maximum of 700 feet, double structures shall be added at the lowest point in the sag. Structures without sumps shall not be connected directly into the storm sewer.

      (2)   Subsurface drain tiles. The following design and construction guidelines shall be met:

         (a)   The main trunk line shall be a minimum six-inch diameter perforated plastic pipe.

         (b)   The drain tile shall directly connect to the site’s storm sewer system or discharge into the site’s proposed detention basin (the invert of the outfall shall be above the normal water level).

         (c)   A minimum of four inches of crushed stone (CA-6 or equivalent) shall be required around the outside diameter of the pipe.

         (d)   A four-inch diameter perforated plastic pipe shall be stubbed for each proposed lot within the subdivision.

         (e)   Drainage calculations shall be required for the sizing of the trunk line.

         (f)   The trunk line shall be contained within a drainage easement with a minimum width of 15 feet.

      (3)   Culverts. The size and capacity of all drainage structures shall be computed using the “Rational Method” or another approved hydrograph-providing method for tributary areas of 100 acres or less. For tributary areas of over 100 acres, an approved hydrologic and hydraulic analysis model shall be used. No driveway culvert shall have a diameter of less than 12 inches, and no cross-street culvert shall have a diameter of less than 15 inches. All culverts shall have a minimum clearance of six inches between the top of the pipe and the subgrade. In no case shall a driveway culvert be less than 20 feet in length. Material used for culverts which exceed 100 feet in length shall be limited to those permitted for storm sewers as specified in the Illinois Department of Transportation Standard Specifications. Inspection and cleanout manholes shall be required every 100 feet for culverts 100 feet or greater in length. All culverts shall have end protection in the form of either concrete headwalls or prefabricated end sections. Flared end sections shall be required on all driveway culverts and at the ends of all storm sewer pipe. Grates shall be required on all flared end sections 24 inches or larger located within the right-of-way.

      (4)   Ditches.

         (a)   Drainage ditches shall be designed based on a minimum ten-year storm frequency.

         (b)   Suitable means of soil erosion and sedimentation control shall be provided if calculations indicate erosive velocities will be reached.

         (c)   All drainage ditches with a grade of 4% or greater shall be sodded along the two-foot flat bottom ditch and for a distance of two feet up each bank unless other approved means of soil erosion and sedimentation control are provided.

         (d)   All ditches shall have a minimum slope of 2.0%.

         (e)   Subsurface drain tiles shall be required for all ditches where a slope of 2.0% cannot be achieved.

      (5)   Field tiles. See § 151.193(E)(4)(f).

      (6)   Bridges. All bridges and culverts having a span of more than 20 feet shall be approved by a bridge consultant retained by the Lake County Division of Transportation. The review period shall be 30 days. The developer shall reimburse the Lake County Division of Transportation for all consultant costs, plus an additional 5% for contract administration.

(Ord., § 10.13, passed 10-13-2009; Ord. passed - -)

   (A)   General. Dams and berms for water impoundments shall be planned, designed, and constructed under the supervision of a structural or professional engineer and shall meet the requirements of §§ 151.145 through 151.154. The Director, after consultation with relevant county staff, shall be authorized to modify the standards of this section provided such modification is not in conflict with other provisions of this chapter.

   (B)   Stormwater detention basins. In addition to the requirements of §§ 151.145 through 151.154, the following standards shall be met.

      (1)   Spillways. An emergency spillway shall be constructed that is capable of passing the 100-year storm event, including any off-site flow that will be bypassed over the spillway. It shall be designed and constructed at the high water line for on-site detention requirements. Drainage calculations for the sizing of the spillway shall be required. The slope from the top of berm to the spillway shall not exceed 3:1. The emergency spillway shall be immediately stabilized with sod, rip-rap, or permanent turf reinforcement matting and native seeding as dictated by design velocities, based on the 100-year outflow.

      (2)   Freeboard. A minimum of one foot of freeboard above the water surface in the reservoir with the emergency spillway flowing at design depth shall be provided to the top of berm elevation.

   (C)   Existing dams. An engineering report shall be submitted to the Director on all existing dams within a proposed subdivision. Any dam found to be structurally unsafe shall be reconstructed or reinforced in accordance with the existing standards. The modification of an existing dam may require a dam safety permit from the Illinois Department of Natural Resources.

(Ord., § 10.14, passed 10-13-2009; Ord. passed - -)

   Landscaping within subdivisions shall be provided in accordance with the standards of this section. Unless otherwise provided in this section, the Director shall be authorized to modify the standards in this section.

   (A)   Street landscaping.

      (1)   Plant quantities shall be calculated using a minimum standard of two trees for each 100 feet of street length. When applicable, each side of a street shall be calculated independently. Trees shall be arranged along the street right-of-way to create a natural-randomized appearance in the streetscape.

      (2)   Tree species shall be limited to those listed in Appendix A, and other tree types expressly approved by the Township Highway Commissioner.

      (3)   Trees shall be at least three inches in caliper size.

      (4)   The trees shall generally be placed between the sidewalk and right-of-way line for streets with closed drainage and at least 30 feet from the centerline of the right-of-way for streets with open drainage. Tree locations shall be approved by the Township Highway Commissioner and the County Engineer.

      (5)   All trees located in the street right-of-way shall be the property of the Township Road District.

   (B)   Peripheral landscaping. Any proposed residential subdivision of 25 acres or greater which adjoins an existing residential development shall install a landscape buffer consisting of one plant unit per 100 linear feet as close to the common boundary as possible. Plant material existing on the proposed subdivision site along the common boundary that has comparable composition and density may be used to satisfy this requirement, as authorized by the Director of Planning, Building and Development.

(Ord., § 10.15, passed 10-13-2009; Ord. passed - -)

   (A)   Location.

      (1)   Pedestrian walkways or trails and multi-modal trails [trails] shall be located outside the street right-of-way.

         (a)   In instances when a walkway or a trail crosses a street right-of-way, that portion lying within the right-of-way shall be constructed using the sidewalk standards of § 151.194(Q) or Option One in Table 151.200(A) as required by the Multi-Disciplinary Team.

         (b)   All other walkway and trail systems shall be constructed using Option One or Two in Table 151.200(A).

      (2)   Pedestrian walkways or trails shall not be located within deed-restricted open space. Pedestrian walkways or trails shall be a minimum of five feet in width. The Director may require modification of walkways and trails to improve the functionality of the trail system. The Director may increase the width or composition of the trail when the trail contained in the subdivision is part of a multi-modal trail system, a trail system integrated into more than one subdivision, a mixed use development, or part of a regional trail system.

   (B)   Standards.

 

 

(Ord., § 10.16, passed 10-13-2009; Ord. passed - -)

   (A)   Preservation of existing monuments. All federal, state, county, or official benchmarks, monuments, or triangulation stations in or adjacent to the subdivision shall be preserved. Before moving any benchmark, monument or triangulation station, the authority having jurisdiction over the monument shall be notified and given sufficient time to take appropriate action. All elevations shall be referred to National Geodetic Vertical Datum of 1988 (NAVD 88), which supersedes the NGVA 29 datum used prior to September 18, 2013.

   (B)   Placement of new monuments. Permanent monuments shall be erected in all places and manner prescribed in 765 ILCS 205/1.

(Ord., § 10.17, passed 10-13-2009)

   (A)   Commencement of subdivision construction activities. The developer shall commence construction of subdivision improvements after the final plat has been approved by the Planning, Building and Zoning Committee and all prerequisites to commencement of construction (as set out in subsection (A)(1) below) have been met. The developer may begin construction of subdivision improvements prior to approval of the final plat, provided written notification has been received from the Planning, Building and Development Director that the final engineering plans for the subdivision have been approved by the Multi-Disciplinary Team and all required performance assurances have been provided.

      (1)   Prerequisites to commencement of subdivision construction. Regardless of whether the final plat has been approved, construction of subdivision improvements may not begin until the developer has satisfied all of the following:

         (a)   A preconstruction conference is held in accordance with subsection (A)(2) below;

         (b)   A restoration assurance has been posted with the county in accordance with § 151.203;

         (c)   An access permit has been issued by the highway authority controlling access to the subdivision;

         (d)   A site development permit has been issued by the Director;

         (e)   Construction of public or community sanitary sewer and water facilities shall not begin until all required Illinois Environmental Protection Agency permits have been obtained; and

         (f)   All other local, state, or federal permits have been obtained.

      (2)   Preconstruction conference. Prior to the commencement of any construction activities, a preconstruction conference shall be held between the Multi-Disciplinary Team, the developer, the engineer of record, and the general contractor unless the Multi-Disciplinary Team determines that a preconstruction conference is not necessary.

         (a)   Purpose. The preconstruction conference is established to afford the developer, the engineer of record, and the contractor the opportunity to meet with the Multi-Disciplinary Team to discuss construction methods, construction schedules, inspection requirements and subdivision assurance procedures.

         (b)   Scheduling. The developer may request a preconstruction conference at any time after receiving written notice from the Director that the Multi-Disciplinary Team has approved the final engineering plans. Upon receipt of a request for a preconstruction conference, the Director shall place the subdivision on the agenda of the next regularly scheduled Multi-Disciplinary Team meeting if the meeting will not be conducted on the site of the subdivision or development. The Director shall notify Multi-Disciplinary Team and the developer of the date, time, and place of the meeting.

         (c)   Required information. The developer shall be prepared to present all of the following information and documentation at the preconstruction conference:

            1.   Copies of the approved final engineering plans and specifications (signed, sealed, and marked “For Construction”);

            2.   Copies of the construction schedule approved during the review of final engineering plans, revised to include actual dates for the beginning and completion of each identified critical construction activity; and

            3.   Names, addresses, and phone numbers of the developer, the engineer of record, the general contractor and subcontractors contracted to install and construct required subdivision improvements.

   (B)   Construction of subdivision improvements.

      (1)   Responsibility for improvements.

         (a)   Developer. The developer shall be responsible for all of the following:

            1.   Installing all subdivision improvements in accordance with the standards of this chapter, Illinois Department of Transportation Standard Specifications for Road and Bridge Construction and the approved final engineering plans and specifications for the subdivision;

            2.   Maintaining all subdivision improvements in accordance with subsection (C) below;

            3.   All costs associated with inspections and field modifications during the subdivision guarantee period;

            4.   Submitting all test reports, plan amendments, as-built plans, and any other documentation required to verify the proper installation and functioning of subdivision improvements as required by this section; and

            5.   Contracting the services of the engineer of record to fulfill the responsibilities listed in this section.

         (b)   Engineer of record. The engineer of record shall be responsible for all of the following:

            1.   Assuming perpetual responsibility for the design of engineering improvements;

            2.   Assuring that all subdivision improvements are installed in accordance with the standards of this chapter, and the approved final engineering plans, and specifications for the subdivision;

            3.   Providing the personnel necessary on the site during all aspects of construction to monitor and inspect the installation and construction of required subdivision improvements;

            4.   Attending all inspections required by this section;

            5.   Preparing amendments and obtaining necessary approvals to the final engineering plans and associated documents necessitated by field modifications;

            6.   Preparing and obtaining approval of the proposed grading plans and changes in tops of foundation that differ from the approved final engineering plans;

            7.   Preparing as-built plans and providing written certification that all subdivision improvements have been completed in accordance with the standards of this chapter, the Illinois Department of Transportation’s Standard Specifications for Road and Bridge Construction and the approved final engineering plans and specifications for the subdivision;

            8.   Submitting cost estimates for reductions on subdivision assurances; and

            9.   Signing and sealing all required documents.

      (2)   Field modifications. During the course of construction, the developer may encounter situations where field conditions and/or unforeseen circumstances require deviation from the approved final engineering plans and/or specifications for the subdivision.

         (a)   Emergency modifications.

            1.   Definition. An emergency modification   is a field modification to the design or specification of a subdivision improvement that is required to alleviate an imminent threat to the public’s health, safety, and/or general welfare.

            2.   Review and approval procedure. Upon the identification of the need for an emergency modification, the developer immediately shall implement all necessary field modifications as recommended by the engineer of record. As soon as possible after identifying the need for an emergency modification, the developer also shall notify the Director that emergency field modifications are, or soon will be, under construction. Emergency modifications shall be reviewed and approved, after installation, as major modifications.

         (b)   Minor modification.

            1.   Definition. A minor modification is a field modification to the design or specification of a subdivision improvement that involves only a minor deviation in the size, elevation, or location of the improvement or a change in the type, material, or manufacturer of the improvement. A minor modification shall not lower the ultimate level of performance for the subject improvement, result in higher maintenance costs or impair the function or purpose of any other platted or engineered improvement.

            2.   Review and approval procedure. The developer shall comply with the following review and approval procedure upon the identification of the need for a minor modification.

               a.   The developer shall contact the appropriate Multi-Disciplinary Team agency. If the reviewing agency finds that the proposed modification is a major modification, the developer shall be directed to follow the review and approval procedures outlined for major modifications below.

               b.   The reviewing agency shall determine what information and documentation is required in order to adequately review the proposed modification. Following a review period, not to exceed ten days, the reviewing agency shall, in writing, approve, approve with conditions, or disapprove the proposed modification. The developer shall not commence implementation of the proposed modification until, and unless, written approval has been received. The reviewing agency also shall forward a copy of the approval to the Director.

         (c)   Major modification.

            1.   Definition. A major modification is a field modification to the design or specification of a subdivision improvement that involves a significant deviation in the size, elevation, or location of the improvements. A major modification may impact the size, elevation, or location of other engineered improvement and also may affect the location of lots, outlots, easements, or other platted improvements.

            2.   Review and approval procedure. The developer shall comply with the following review and approval procedure upon the identification of the need for a major modification or after the implementation of an emergency modification.

               a.   Application. The following information shall be submitted to the Director:

                  (i)   A letter from the developer or engineer of record requesting the amendment accompanied by an application fee as set by the County Board;

                  (ii)   A narrative prepared by the engineer of record describing the reason, nature and extent of the change and its impact on the functioning and affect on the overall improvements in the subdivision; and

                  (iii)   All pertinent information related to the proposed modification, including but not limited to design calculations, revised final engineering plans, cost estimates, and any other information or documentation required by the Multi-Disciplinary Team.

               b.   Review. Upon receipt of all required application materials, the Director shall forward the submittal to the Multi-Disciplinary Team. The Multi-Disciplinary Team shall have ten days to review the submittal and to provide written comments to the Director. Upon receipt of comments, the Director shall compile the comments for presentation to the developer at the Multi-Disciplinary Team meeting and shall place the subdivision on the agenda of the next regularly scheduled Multi-Disciplinary Team meeting. The Director shall notify the Multi-Disciplinary Team and the developer of the date, time, and place of the meeting.

               c.   Approval. The Multi-Disciplinary Team shall approve, approve with conditions, or disapprove the proposed modification. No modification of the right-of-way or road-related standards of this subchapter shall be approved unless the proposal complies with Illinois Department of Transportation Standards and Specifications and has been approved by the Township Highway Commissioner and the County Engineer. The developer shall not commence implementation of the proposed modification until and unless written approval has been received from the Director.

               d.   Additional approvals required. In instances where federal, state, and/or other local agencies are involved in approving the proposed modification, the developer shall be responsible for notifying these agencies and obtaining their approval.

         (d)   Documentation of modifications. All deviations from the approved final engineering plans shall be identified by the engineer of record on the letter of certification and reflected on the as-built plans for the subdivision.

      (3)   Maintenance during construction.  

         (a)   Damage during construction. The developer shall repair, replace, and/or adjust any existing public improvement, disturbance to any private property and/or improvements on private property, or proposed subdivision improvements damaged during the construction of the subdivision within the time period specified by the appropriate Multi-Disciplinary Team agency. All corrective actions taken shall be completed in accordance with the approved plans and specifications for the subdivision.

         (b)   Erosion control/natural resource protection. The developer shall maintain all soil erosion sediment control and natural resource protection measures as required by §§ 151.070 through 151.072 and §§ 151.145 through 151.154 of this chapter and the approved final engineering plans throughout the duration of the guarantee period.

         (c)   Debris removal. The developer shall keep all rights-of-way, sanitary sewers, water mains, stormwater management facilities, and open space areas free from junk and debris or other extraneous material during the construction of the subdivision. All adjoining roads shall be kept free of mud and construction debris. Any mud or construction debris tracked on adjoining roads shall be removed by the developer at least once a day or as needed to keep the pavement clean.

         (d)   Snow removal. The developer shall post on the property the 24-hour phone number and contact information for the contact person responsible for snow plowing services on all subdivision roads and sidewalks until the improvements are accepted by the Township Highway Commissioner or other agency having jurisdiction over the roads.

         (e)   Emergency work. Upon receiving notice from the Planning, Building and Development Director, the developer shall initiate an immediate response to address an emergency associated with the failure of any subdivision improvement which may jeopardize the public’s health, safety, and/or general welfare. The developer’s failure to initiate an immediate response may result in the Planning, Building and Development Director authorizing the county agencies to initiate action to correct the noted failure and to draw on the restoration assurance to cover the costs associated with taking the corrective actions.

(Ord., § 10.18, passed 10-13-2009)

   Three types of subdivision assurances are established for the purpose of assuring proper, safe, and timely installation and maintenance of required subdivision improvements: restoration assurances; performance assurances; and maintenance assurances. Assurances shall be required for all subdivisions. The assurance requirement may be waived by the Director when no engineered improvements are required or if other means are available to ensure compliance with the standards of this chapter.

   (A)   General requirements. All restoration, performance, and maintenance assurances shall be prepared in accordance with the approved formats provided in Appendix P of this chapter, and shall be submitted to the Director prior to approving a final plat. The county shall not accept any assurance that fails to meet the formats approved by the county, or a form acceptable to the State’s Attorney’s Office. The County Treasurer shall be the beneficiary of all assurances.

   (B)   Forms of assurances. The following forms of assurances may be used to fulfill the assurance obligation of this section.

      (1)   Cash bond. A cash bond shall be made payable to “Treasurer, County of Lake”. Cash bonds may be provided in the form of a cashier’s check, bank draft, certified check, or bank money order. A certificate of deposit is not an accepted form of assurance.

      (2)   Irrevocable letter of credit. An irrevocable letter of credit will be accepted, provided that the bank securing the letter of credit and upon whom presentation shall be made is located within the Chicago metropolitan area and insured by the Federal Deposit Insurance Corporation.

      (3)   Surety bonds. Surety bonds shall be provided by a surety or insurance company that is authorized by the Illinois Department of Insurance to sell and issue sureties in this state and the surety or insurance company must have a claims office located in the Chicago metropolitan area. At the time the principal offers the bond to the county, and prior to acceptance of the bond by the county, the principal shall provide the name and contact information of the attorney and bond agent associated with the surety for communication purposes in the event of a default on the terms of the bond.

   (C)   Restoration assurances.

      (1)   Purpose. Restoration assurances are established for the following purposes:

         (a)   In the event the developer has commenced construction of subdivision improvements but has failed to obtain final plat approval within the time period specified by this chapter, the county may draw on the assurance and use the funds to stabilize the construction site;

         (b)   If at any time during the construction of subdivision improvements a clear threat to the public’s health, safety, and/or general welfare is identified by the county on the construction site, the county may, after appropriate notice and demand requirements, draw on the assurance and use the funds to correct the identified threat;

         (c)   In the event the developer fails to complete all subdivision improvements within the term of the performance assurance and the county draws on the performance assurance, the county shall also draw on the restoration assurance and may use the funds to complete any subdivision improvements; and

         (d)   In the event the developer fails to provide a maintenance assurance as required by this chapter, the county may draw on the restoration assurance and may use the funds to establish a maintenance assurance.

      (2)   Amount. The amount of the restoration assurance shall be 30% of the engineer’s estimate of the probable cost of subdivision improvements, as approved during the review of final engineering plans.

      (3)   Term. The restoration assurance shall be posted as a prerequisite to commencement of construction activities or final plat approval, whichever comes first. The assurance shall be posted for a minimum two-year period unless reduced by the Director after assessing the size of the subdivision, the complexity of the subdivision improvements, and consultation with the Multi-Disciplinary Team. However, should the end of the restoration period fall between December 1 and June 14, the assurance shall expire the first business day after June 14. In accordance with subsection (F)(3) below, the Director, for good cause and with the approval of the provider of the assurance, may extend the term of the assurance.

   (D)   Performance assurances.

      (1)   Purpose. Performance assurances are established for the purpose of assuring that the developer properly installs all proposed subdivision improvements in accordance with the approved final engineering plans and specifications for the subdivision. Should the developer fail to properly install all improvements within the term of the assurance, the county may draw on the assurance and use the funds to complete the improvements. The county also may draw on the performance assurance if the developer fails to provide a maintenance assurance to the county, if the maintenance assurance is required. The county may use the funds to ensure proper maintenance of the subdivision improvements.

      (2)   Amount. The amount of the performance assurance shall be 100% of the engineer’s estimate of the probable cost of subdivision improvements, as approved during the review of final engineering plans. The amount of the performance assurance is in addition to the amount of the restoration assurance.

      (3)   Term. The performance assurance shall be posted as a prerequisite to approval of the final plat of subdivision. The assurance for each phase of the subdivision shall be posted for a minimum two-year period unless reduced by the Director after assessing the size of the subdivision, the complexity of subdivision improvements, and consultation with the Multi-Disciplinary Team. However, should the end of the two-year period fall between December 1 and June 14, the assurance shall expire the first business day after June 14. In accordance with subsection (F)(3) below, the Director, for good cause and with the approval of the provider of the assurance, may extend the term of the assurance.

   (E)   Maintenance assurances.

      (1)   Purpose.  

         (a)   Maintenance assurances are established for the purpose of assuring that the developer maintains the structure, function and integrity of all subdivision improvements in accordance with the approved final engineering plans and specifications for the subdivision during the term of the assurance. In the event the developer has failed to maintain subdivision improvements within the term of the assurance, the county may draw on the assurance and use the funds to correct the deficiencies.

         (b)   Furthermore, if at any time during the term of the maintenance assurance the county identifies that the developer’s failure to maintain subdivision improvements has created a clear threat to the public’s health, safety, and/or general welfare, the county may, after delivering notice and meeting demand requirements in accordance with the terms of the assurance documents and this chapter, draw on the maintenance assurance and use the funds to correct the identified threat.

      (2)   Amount. The amount of the maintenance assurance shall be determined by the Multi-Disciplinary Team. Generally, the maintenance assurance shall be 15% of the engineer’s estimate of the probable cost of subdivision improvements, as approved during the review of final engineering plans. The Director may waive the requirement for a maintenance assurance when it finds that the assurance is not necessary.

      (3)   Term. The maintenance assurance shall be posted as a prerequisite to releasing the performance assurance, unless waived or simultaneously held with a portion of the performance improvements upon approval by the Director. The assurance shall be posted for a period of one to three years, and the term may be reduced or extended based on the size, complexity, or phasing of the subdivision, as deemed necessary by the Director. However, should the end of the maintenance period fall between December 1 and June 14, the assurance shall expire the first business day after June 14. In accordance with subsection (F)(3) below, the Director, for good cause and with the approval of the provider of the assurance, may extend the term of the assurance.

   (F)   Reduction, extension, and release of assurances.

      (1)   Procedure. 

         (a)   Initiation. Actions to reduce, extend, or release subdivision assurances may be initiated by the developer or the county as follows:

            1.   The developer may initiate an action to reduce, extend, or release a subdivision assurance by submitting the following information and documentation to the Director:

               a.   A letter requesting the reduction, extension, or release;

               b.   All plans, cost estimates, test reports, certifications, construction schedules, and/or other documentation necessary to justify the request; and

               c.   A subdivision inspection fee shall be paid. A copy of the current subdivision fee schedule is available in the office of the Director.

            2.   The Director shall initiate the process to call on the assurance as established in subsection (G) below should the developer fail to request the extension.

         (b)   Inspection notice. Upon receipt of a request for the reduction or release of a subdivision assurance, or in the absence of a request, the Director shall schedule an inspection of the subdivision. The Director shall provide written notice to the developer and all affected reviewing agencies at least seven days prior to a scheduled inspection. The notice shall contain the name and location of the subdivision, the time and date of the inspection, the type and status of the assurance, the purpose of the inspection, and the date that inspection comments and recommendations are due.

         (c)   Inspection standards and procedures.

            1.   Scheduling limitations. Unless otherwise approved by the Multi-Disciplinary Team, subdivision assurance inspections shall not be performed prior to May 1 nor later than November 30 in any year.

            2.   Inspection attendance. The engineer of record shall be present at all subdivision inspections. The developer’s failure to have the engineer of record attend the inspection may provide just cause for the Director to terminate the inspection and may serve as just cause to deny the request. All agencies notified by the Director shall be present at the scheduled inspection or shall provide written comments to the Director prior to the inspection.

            3.   Inspection protocol. During the inspection, each reviewing agency shall be responsible for inspecting the improvements within their jurisdiction. At the conclusion of their inspection, each agency shall be prepared to discuss their concerns and note outstanding deficiencies with developer and the engineer of record. In circumstances where additional information is required by an agency in order to formulate a recommendation, that agency shall request this information from the developer. The developer’s failure to provide the requested information in the time period specified by the agency may provide just cause to deny the request.

         (d)   Multi-Disciplinary Team comments and recommendation.

            1.   Inspection comments. Each agency shall forward a written inspection report and recommendation to the Director within seven days following the inspection. Comments shall identify all deficiencies noted during the inspection or in the review of test reports and/or as-built plans. If no deficiencies are noted, this shall so be stated in the report. For performance assurance reduction requests, each agency also shall identify a dollar amount reduction for each applicable line item of the cost estimate. Upon receipt of all inspection comments, the Director shall forward the comments to the developer.

            2.   Corrective actions. The developer shall be responsible for correcting all deficiencies and/or addressing all comments identified by the Multi-Disciplinary Team. In circumstances where additional engineering and/or improvements are required in order to correct noted deficiencies, the developer shall comply with the review and approval procedures for field modification as established in § 151.202(B)(2).

            3.   Follow-up inspection. If the developer has taken actions to correct noted deficiencies prior to the expiration date of the subdivision assurance, a follow-up inspection may be scheduled provided an inspection fee is paid. Unless approved by the reviewing agency responsible for inspection of the deficient areas, a follow-up inspection shall not be conducted less than ten days prior to the expiration date of the assurance. To initiate a follow-up inspection developer shall follow the requirements of this section.

         (e)   Action by the Director. Upon receipt of Multi-Disciplinary Team comments, the Director shall act to approve, approve with conditions, or disapprove the requested subdivision assurance action. After taking action, the Director shall provide the developer and the surety written notification of the action taken. The developer may appeal the Director’s decision to the Planning, Building and Zoning Committee in accordance with the procedures of § 151.192 of this chapter.

      (2)   Reduction of subdivision assurances. Restoration, performance, and maintenance assurances shall be reduced only when the Director finds that the following conditions have been satisfied.

         (a)   Limitations on reductions. Permitted reductions shall be limited by the following.

            1.   Restoration assurance. The restoration assurance shall not be reduced at any time during the term of the performance assurance unless approved by the Director following consultation with relevant members of the Multi-Disciplinary Team.

            2.   Performance assurance. The Director, following consultation with relevant members of the Multi-Disciplinary Team, may allow incremental reductions in the performance assurance subject to the following limitations:

               a.   No reduction shall be granted for the costs associated with erosion control, natural resource and open space protection measures until erosion control and natural resource protection measures are properly implemented and the site is stabilized as determined by the Multi-Disciplinary Team.

               b.   With approval of the Director in consultation with the relevant Multi-Disciplinary Team members, the costs associated with the engineer's consulting fees may be reduced in proportion to the value of the overall subdivision improvements.

            3.   Maintenance assurance. The Director, in consultation with the relevant Multi-Disciplinary Team members, may reduce the maintenance assurance in proportion to the current value of the improvements remaining to be completed.

         (b)   Standards for reduction requests. The performance assurance may be reduced only pursuant to the following standards.

            1.   First reduction. The first reduction shall be considered only after substantial completion of the following subdivision construction improvements:

               a.   Installation of all erosion control fences and construction fences for the protection of natural resource and open space areas in accordance with approved plans and specifications for the subdivision;

               b.   Mass grading operations including the clearing of vegetation, stripping and stockpiling of topsoil, and the rough cutting of roads and stormwater management facilities;

               c.   Installation of all storm sewer, stormwater management outlet structures, sanitary sewer and water main improvements, if any. The storm sewer system shall be televised. The sanitary sewer system shall be televised and air tested. Water mains shall be pressure tested and chlorinated;

               d.   Partial as-built plans of the stormwater detention basins and storm sewer system, showing the invert elevations of inlets and outlet control structures, stormwater basin volumes, and normal and high water elevations of each basin.

               e.   Road rights-of-way shall be completed per the approved final engineering plans up to, and including, the binder course. All curb and gutter, if applicable, shall be installed and all required testing and documentation shall be submitted in accordance with subsection (F)(2)(c) below.

            2.   Second reduction.

               a.   Topsoil shall be respread and final grades established for all disturbed areas. Sod or seed and mulch shall be applied to all disturbed areas.

               b.   The stormwater manage-ment system shall be complete and functional.

               c.   With the exception of sidewalks, when applicable, and the surface course for roads, all right-of-way improvements shall be complete and properly stabilized.

               d.   All recreational trail systems shall be complete and the pads for the parks and recreational open space shall be prepared for the installation of the park improvements.

               e.   Landscape improvements for streets, open space areas, and transition areas shall be complete for those areas where construction activity has ceased.

         (c)   Application requirements for reduction requests. In addition to a letter requesting a specific reduction amount the developer shall submit the following information to justify the request.

            1.   Cost estimate. A cost estimate, based on the subdivision’s original cost estimate approved during the review of the final engineering plans, amended to show the quantity and value of work completed and the quantity and value of work remaining for each line item.

            2.   Test reports.

               a.   Pressure and chlorination test reports, air test reports and television tapes for all sanitary sewer and water main, if applicable, shall be prepared and submitted. All storm sewers shall be televised and test reports shall be submitted. For items within the proposed rights-of-way for which a reduction is being requested, all documentation and material inspection reports, as defined and outlined in the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction, Illinois Department of Transportation Construction Manual and Illinois Department of Transportation Project Procedures Guide shall be submitted for review.

               b.   At the required station, one core shall be taken approximately 18 inches in from the edge of the pavement alternating between the left side and right side of the pavement. The number of cores required shall be determined by the length of the road, in accordance with the following schedule:

 

 

               c.   A core and density report for the binder course shall be submitted for review and approval prior to the placement of the surface course. The core and density report shall indicate the thickness, density, and percent compaction of each individual core sample. A map shall be provided showing the station of each core and the station offset.

               d.   When a nuclear density gauge is used to verify the required density of the binder course lifts, a minimum of eight cores shall be taken per day and tested for comparison to the densities obtained by the nuclear density gauge.

               e.   Testing of the surface course shall be done using a nuclear density gauge to verify density. Readings shall be taken at approximately the same locations as the binder course cores. In the event nuclear density gauge readings indicate an undesirable percent compaction, cores may be required to verify density. Coring of the surface course to verify density must be approved by the Lake County Engineer.

               f.   Weight tickets for all bituminous courses shall be submitted for review and confirmation.

      (3)   Extension of subdivision assurances. Restoration, performance, and maintenance assurances shall be extended only when the Director finds that the following conditions have been satisfied. The developer may appeal the Director’s decision to the Planning, Building and Zoning Committee in accordance with the procedures of § 151.192 of this chapter.

         (a)   Standards for extension requests. Subdivision assurances may be extended only pursuant to the following standards:

            1.   The developer shall demonstrate that the extension will not be detrimental to the development of the area in which the subdivision is located and will not in any manner jeopardize the public’s health, safety, or general welfare. Furthermore, the developer shall document that the extension is justified by one or more of the following conditions:

               a.   There exist unique or unforeseen conditions or circumstances, beyond the developer’s control, that have precluded the completion of subdivision improvements in a timely manner;

               b.   There exists justification for delay in the construction of subdivision improvements to facilitate better coordination of improvements between adjacent developments and/or separate phases of the same subdivision; or

               c.   There exist pending administrative or legislative actions associated with the subdivision that may affect the design, location, and/or function of platted or engineered improvements within the subdivision.

            2.   The Multi-Disciplinary Team has determined that sufficient progress has been made to complete the subdivision improvements and/or to correct any previously identified deficiencies within the time period specified by the developer’s revised construction schedule.

         (b)   Application requirements for extension requests. In addition to a letter requesting an extension to a specific date, the developer shall submit the following information:

            1.   A revised construction schedule; and

            2.   Written justification for the request in terms of the standards for extensions established in subsection (F)(3)(a)1.

         (c)   Increase in amount of assurance. As a condition of extending the assurance, the Multi-Disciplinary Team has the right to request an increase in the amount of the assurance, if in the opinion of the Multi-Disciplinary Team a sufficient amount of time has passed or the values of the improvements and/or labor have changed to warrant an increase.

      (4)   Release of subdivision assurances. Restoration, performance, and maintenance assurances shall be released only when the Director finds that the following conditions have been satisfied. Developers may appeal the Director’s decision to the Planning, Building and Zoning Committee in accordance with the procedures of § 151.192 of this chapter.

         (a)   Standards for release requests. Subdivision assurance may be released only pursuant to the following standards:

            1.   Restoration assurance. The restoration assurance shall be released only upon the Director's determination that the development site is stabilized, there is no threat to the public's health, safety and general welfare if the assurance is released, and there are sufficient funds in the performance assurance to correct all remaining improvements.

            2.   Performance assurance.  

               a.   The performance assurance may be released only upon the developer demonstrating that the subdivision improvements have been completed in accordance with the standards of this chapter and the approved final engineering plans and specifications for the subdivision and a maintenance assurance, if required by the county, has been deposited with the county.

               b.   The Director may authorize a release of the performance assurance and acceptance of a maintenance assurance when a portion of the performance-related improvements are not complete, when the Multi-Disciplinary Team can demonstrate the public’s health, safety, and general welfare will not be compromised. When a release is granted, all outstanding performance improvements shall be completed within one year of the release of the performance assurance. Granting the release may also extend the term of the overall maintenance period for the subdivision.

            3.   Maintenance assurance. The maintenance assurance may be released only upon the developer demonstrating that:

               a.   The structure, function, and integrity of all subdivision improvements have been properly maintained throughout the term of the assurance; and

               b.   A property owners’ association, if required, has been chartered with the Secretary of State for the purpose of maintaining all subdivision improvements not to be maintained by the public.

         (b)   Application requirements for release requests.

            1.   Restoration and performance assurances. The developer shall submit the following information for all requests to release the restoration and performance assurances:

               a.   Notification. The developer shall submit written notification that all subdivision improvements have been completed in accordance with the standards of this chapter and the approved final engineering plans and specifications for the subdivision.

               b.   Certification. The engineer of record shall provide written certification that all subdivision improvements have been completed in accordance with the standards of this chapter and the approved final engineering plans and specifications for the subdivision. The engineer of record shall further certify that the as-built plans are a true and accurate depiction of the as-built conditions of the subdivision.

               c.   As-built plans. The engineer of record shall prepare as-built plans for the subdivision. The as-built plans shall be submitted in the same form and content as the original final engineering plans and shall bear the seal and signature of the engineer of record. All field modifications shall appear on the as-built plans. The plans shall verify all improvements, including but not limited to rim and invert elevations, spot elevations at 20-foot intervals along top of berm for detention facilities (including at least two spot elevations for emergency spillways), spot elevations in 100-year overland flow paths, spot elevation at 100-foot intervals along the centerline of streets, spot elevations at 100-foot intervals along the bottom of ditches, and random spot elevations throughout the subdivision.

               d.   Test reports. All required test reports not previously submitted shall be prepared and submitted.

               e.   Acceptance of improve-ments. For each subdivision improvement to be maintained by a public agency, a letter shall be on file with the Planning, Building and Development Director indicating that the agency will accept the improvement upon release of the performance assurance.

               f.   Maintenance assurance. A maintenance assurance, if required, shall be on file in an acceptable form.

            2.   Maintenance assurances. The developer shall submit the following information for all requests to release the maintenance assurance:

               a.   Notification. The developer shall submit written notification that the structure, function and integrity of all subdivision improvements have been properly maintained throughout the term of the assurance.

               b.   Property owners’ association. If a property owners’ association is required, the developer shall submit a copy of the property owners’ association’s articles of incorporation along with the names, addresses, and telephone numbers of the association’s current officers.

   (G)   Default provisions for subdivision assurances. Upon a recommendation by the Multi-Disciplinary Team and approval by the State’s Attorney’s Office, the Director may, after appropriate notice, initiate default proceedings in accordance with the provisions of this section and the terms of the assurance documents in the event any one of the following deficiencies exist.

      (1)   Default. A developer shall be considered in default if the developer:

         (a)   Fails to perform or maintain the work due to insufficient number of workers and equipment or with insufficient materials to ensure the completion or maintenance of the work within the specified time;

         (b)   Performs the work unsuitably, as determined by the Multi-Disciplinary Team, the Township Highway Commissioner, or other affected agency;

         (c)   Neglects, refuses materials, performs, or maintains anew any work that shall be rejected as defective and unsuitable;

         (d)   Discontinues the execution of work;

         (e)   Does not (for any other cause whatsoever) carry on or maintain the work in an approved manner; or

         (f)   Fails to provide a maintenance assurance in acceptable form to the county within the timeframe established by the Director. The county may use the funds to ensure proper maintenance of subdivision improvements.

      (2)   Notice of default. When the Director finds that a developer is in default, and following consideration of the issues with the State’s Attorney’s Office, the Director shall be directed to give notice by registered mail to the developer and to the issuer of the subdivision assurance of the county’s intent to call on the subdivision assurance. The notice shall state the reasons for the default and the conditions established by the Multi-Disciplinary Team to remedy the default.

      (3)   Calling on a subdivision assurance. If, upon receipt of a notice of default, the developer fails to correct the noted deficiencies and/or to honor the terms and conditions specified in the notice, the Director shall present a demand for payment on the assurance. The Director shall deliver the funds from the subdivision assurance to the Lake County Treasurer, and the Lake County Treasurer shall deposit the funds into an account designated for the funds.

      (4)   Appeals. All appeals of the Director’s decision to draw on an assurance shall be presented to the Planning, Building and Zoning Committee in accordance with § 151.192 of this chapter.

      (5)   Utilization of funds from defaulted assurance. Upon the calling of a subdivision assurance, the Director shall be authorized to utilize these funds to cause compliance with the terms of the assurance. All costs, including the county’s administrative expenses associated with causing compliance, shall be deducted from the funds on deposit with the Lake County Treasurer.

      (6)   Return of unused funds. When compliance with the terms of a subdivision assurance has been achieved, the Director shall authorize the Lake County Treasurer to return to the developer or approved beneficiary of the funds all remaining funds from the assurance, if any.

(Ord., § 10.19, passed 10-13-2009; Ord. passed - -)