Lewistown City Zoning Code
Subchapter XIX
Subdivisions
§ 153.345 POLICY AND INTEREST.
It is the policy of the city to encourage logical and orderly growth for the city. The development of open lands within the city or one-half mile thereof shall be in accordance with the provisions of this chapter.
(Ord. 1999-7, passed 5-25-1999)
§ 153.346 APPLICABILITY.
In accordance with ILCS Ch. 65, Act 5, §§ 11-12-1 et seq., this chapter hereby adopts the provisions of such statutory scheme and creates a Plan Commission. Before any plat, plan, subdivision or re-subdivision of land inside the city is filed with the City Clerk, it shall be approved by the City Council in conformity with this chapter. No transfer of land in the nature of a subdivision as herein defined regardless of the means by which the land is described shall be exempt from the provisions of this chapter. The filing of any document covered within this chapter without meeting the required provisions shall be deemed a violation of the provisions of this chapter. Prior to final approval of any plat covered by this chapter by the City Council, the Plat Officer shall request that the Public Works Director make a estimate of the probable costs required to complete the required improvements included in the final plat. Each person seeking council approval of a plat shall post with the City Clerk at the time the plat is filed a good and sufficient bond in the amount approved by the Council after recommendation by the Plat Officer to insure the completion of the required improvements. The form of the surety shall be approved by the City Attorney, and approved by ordinance by the City Council. In the case of staged projects, sureties may be provided in accordance with a plan approved by the Council provided that no portion of any development shall be filed with the City Clerk unless totally covered by approved surety in the full amount required for that portion being filed.
(Ord. 1999-7, passed 5-25-1999)
§ 153.347 DEFINITIONS.
(A) CITY ATTORNEY. CITY COUNCIL. CITY ENGINEER. COUNTY HEALTH DEPARTMENT. HEALTH REGULATIONS. PLAN COMMISSION. SUBDIVISION. SUBDIVISION STANDARDS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
The City Attorney of Lewistown.
The City Council of Lewistown.
The City Engineer of Lewistown or any engineering firm designated by the City Council to review and advise upon a specific project in question. The CITY ENGINEER shall serve as Plat Officer.
The Fulton County Health Department.
Any and all health regulations imposed by state, federal, or municipal health statutes, ordinances, administrative rules, or other similar legislative or rulemaking function.
The Commission shall be composed of the Chairman of the Street and Alley Committee, Chairman of the Water and Sewer Committee, one additional Alderman appointed by the Mayor, the City Engineer, the City Attorney, and the Mayor. The Mayor shall be the presiding officer but shall vote only in the event of a tie.
The division of any lot, tract, or parcel of land into two or more parts, lots, or tracts for the purpose, whether immediate or future, of sale, division of ownership or development. This definition includes the re-subdivision of previously recorded lands and lots. Division of land for agricultural purposes and where no building construction is involved, in parcels of five acres or more, shall not be included in this definition, unless such subdivision includes the development of a new road or access easement.
Specifications for subdivision designs and improvements contained in standards attachment A[1] to the ordinance codified herein and/or contained in such standards attachment as amended by future action of the City Council.
[1]
Editor's Note: Appendix, Required Subdivision Design and Improvement Standards is included as an attachment to this title.
(B)
Definitions not expressly contained herein shall be determined by definitions in the most recent edition of Black's Law Dictionary, and if not contained therein, by customary usage in the engineering practices.
(Ord. 1999-7, passed 5-25-1999)
§ 153.348 PROCEDURE.
(A)
Preliminary conference. Prior to the submission of the preliminary plat, the subdivider shall confer with the Plat Officer to discuss the proposed subdivision to insure its conformity with city plans and procedures, the relation to existing facilities and to insure the subdivider is aware of the procedure to be followed in obtaining approval.
(B)
Preliminary plat. Upon completion of the preliminary conference, any person subdividing lands as herein defined shall prepare or have prepared and submit to the City Engineer a preliminary plat of the proposed subdivision. Such preliminary plat shall conform to and include as a minimum the following:
(1)
Six copies of a preliminary plat drawn to 100 feet to the inch or larger showing the following:
(a)
The overall tract and its internal division with dimensions;
(b)
Location sketch or attached location map with sufficient detail to insure the tract can be related easily to existing properties and landmarks;
(c)
The locations and right-of-way widths of any streets, alleys and utility easements. The preliminary plat should include the ultimate development plan even though the subdivider may decide to stage the actual development. Existing facilities including streets and public utilities shall be shown on all sides of the proposed subdivision for a distance designated by the City Engineer but not less than 500 feet;
(d)
General surface water drainage plan for both surface and sub-surface drainage for the final development plans;
(e)
Existing and proposed zoning for the subdivision and the adjoining area as defined in § 153.347;
(f)
The name of the proposed division, its owner or owners, north arrow, scale, date and the engineer or surveyor who prepared the proposed plat;
(g)
Typical roadway cross section with street construction details;
(h)
Contours of not more than five-foot intervals and/or profiles of proposed streets and alleys may be required by the Plan Commission; and
(i)
The subdivider shall attach specifications of proposed water and sewer facilities;
(2)
Upon receipt of the preliminary plat and supporting documents, the City Engineer shall review the submittal for completeness and accuracy and upon determining that the submittal is complete shall submit copies to the Plan Commission, the County Health Department, if either water or sewer are not to be city facilities and to the proper highway authority if proposed public roads are to be developed and not city maintained or the subdivision is adjacent to a existing public roadway not under city jurisdiction. The Plan Commission shall consider the proposed plat at its next scheduled meeting providing no approval can be given until comments are received from the County Health Department and Highway authority if, because of the nature of the subdivision, these agencies are involved. Conditional approval may be granted to a preliminary plat subject to prescribed written conditions but shall be deemed disapproved until such time as the conditions are met. If disapproval is given, the Plan Commission shall furnish the subdivider written reasons for such disapproval. The Plan Commission shall consider the negative response of the Fulton County Health Department for those plats for which city water or sewer is not provided as sufficient reason to disapprove a preliminary plat. The Plan Commission may consider a negative response from the Highway authority as sufficient reason for disapproval.
(3)
When a preliminary plat has been approved by the Plan Commission, the subdivider may proceed with the final plat or plats for all or sections of the area covered by the preliminary plat. The preliminary plat shall be considered to be valid for six months after its approval for final plats covering the entire area and two years for those portions not included in a final plat for a portion of the preliminary plat area filed within six months of initial approval. The Plan Commission upon receipt of a written request may, in its discretion, extend such period of validity.
(C)
Final plat. Upon approval of the preliminary plat the subdivider may proceed with the preparation of the final plat. The final plat shall be submitted to the City Engineer and shall contain the following information: the original and four copies of the final plat at a scale of one inch equal to one hundred feet (1" = 100') or larger on a material meeting the approval of the Plat Officer. The plat shall include the following:
(1)
The title or name by which the subdivision is to be identified, north point, the scale of the map, and the name of the state registered professional engineer or state licensed or registered land surveyor responsible;
(2)
A definite legal description and identification of the tract being subdivided. This description shall be sufficient for the requirements of title examination. The plat shall be a descriptive diagram drawn to scale, and shall show by reference that the subdivision is a particular portion or part of a previously filed plat or recognized grant or partition, which diagram and description shall show as being included in the subdivision, at least all of the smallest unit of the last filed subdivision, plat, or grant, out of which the instant subdivision is divided, or so much thereof as is owned by the subdivider;
(3)
The boundaries of the subdivided property, the location or designation of all streets, alleys, parks, and other areas intended to be dedicated or deeded to the public use with proper dimensions. The boundaries of the subdivision shall be indicated by a heavy line and shall be tied by dimension to the established centerline of all existing boundary streets;
(4)
The location of all adjacent streets and alleys, with their names and the names of adjoining subdivisions with exact location and designation by number of lots and blocks;
(5)
All lot, block and street boundary lines, with blocks and lots numbered or lettered consecutively. Building lines and easements shall be shown and shall be defined by dimension. The actual width of all streets shall be shown, measured at right angles, or radically, where curved. All principal lines shall have the bearing and any deviations from the norm shall be indicated;
(6)
Accurate dimensions, both linear and angular, of all items on the plat; the boundary survey on the site shall close within one in ten thousand (1:10,000). Linear dimensions shall be expressed in feet and decimals of a foot; angular dimensions may be shown in bearings. Curved boundaries shall be fully described and all essential information given; circular curves shall be defined by actual length of radius and not by degree of curve. Complete dimensional data shall be given on fractional lots;
(7)
The location and description of all lots and block corners and permanent survey reference monuments;
(8)
A certificate of ownership in fee of all land embraced in the subdivision, and of the authority of the plat and dedication signed and acknowledged by all owners of any interest in the land. The acknowledgment shall be in the form required in the conveyance of real estate. Approval and acceptance of all lien holders shall be included;
(9)
A certificate by the responsible surveyor or engineer in charge, duly authenticated, that the plat is true and correct and in accordance with a determination of surveys actually made on the ground; and
(10)
A copy of the final restrictive covenants to govern the nature of the use of the property in said subdivision shall be submitted.
(Ord. 1999-7, passed 5-25-1999)
§ 153.349 ADOPTION OF GUIDES.
(A)
All new subdivisions shall be in conformance with the comprehensive plan map of the city after its adoption.
(B)
Subdivision design and improvement standards. Standards for the design and improvement of subdivisions attached hereto[1] and hereby adopted and all new subdivisions shall conform with these standards except as they may be hereinafter.
[1]
Editor's Note: Appendix, Required Subdivision Design and Improvement Standards is included as an attachment to this title.
(Ord. 1999-7, passed 5-25-1999)
§ 153.350 DESIGN STANDARDS.
(A)
Streets.
(1)
Streets shall align with existing street systems and in conformance with comprehensive plan map after its adoption.
(2)
Through traffic on non-major streets shall be discouraged by design and all intersections shall be 90° plus or minus 10°.
(3)
Street jogs with centerline off-sets of less than 100 feel shall be avoided.
(4)
A 100 feet tangent will be required between all reverse curves.
(Ord. 1999-7, passed 5-25-1999)
§ 153.351 REQUIRED IMPROVEMENTS.
(A)
General.
(1)
When a preliminary plat of a subdivision has been approved by the Plan Commission, the developer may submit to the City Engineer plans and specifications for all improvements included in the subdivision. The City Engineer shall within 30 days of the receipt of the plans and specifications, approve same if they conform to the requirements of the ordinance, or disapprove giving the reasons in writing to the subdivider. Thereafter when the subdivider has met the objections if any, the City Engineer shall sign the plans and specifications and deliver same to the subdivider.
(2)
Before beginning any construction of the improvements outlined in this section on proposed roadways or public utilities pertaining to any subdivision coming under the provisions of this chapter, five complete sets of plans and specifications of such construction, in the form of plats, sketches, or other satisfactory written descriptions shall be filed with the City Engineer. These shall show such features as roadways, cross-sections and longitudinal slope for drainage, full description of proposed pavement or street improvement, its grade and slope, dimensions and specifications concerning public utilities to be installed showing proposed position on the ground, specifications of materials and construction, and profile maps of all sanitary and storm sewers showing both ground surface and flow line, and any other pertinent information of similar nature.
(3)
Improvements shall be installed within all of the area of any subdivision or portion thereof given final approval and filed for record.
(4)
All improvements shall be designed and constructed in conformity with the provisions of this chapter and no construction shall be commenced until this chapter is so complied with.
(B)
Minimum standards.
(1)
Permanent markers. Corners and monuments shall be of three-quarter inch iron pipe or five-eights inch iron rod and shall meet the following standards:
(a)
Lot corner shall be 24 to 30 inches long with the to set flush with the ground installed on all such corners;
(b)
Block corners shall be 24 to 30 inches long with the top set flush with ground and shall be installed on all such corners and on the beginning and end of all curves within each block; and
(c)
Reference points shall be 24 to 30 inches long placed one foot below the surface on the finished ground elevation at suitable locations throughout the subdivision. There shall be at least as many reference points as there are blocks in the subdivision but not less than two and the distance between successive monuments along any street or reference line shall not be greater than 1,000 feet. Reference point shall be other than and in addition to markers set for block or lot corners.
(2)
Roadway. Roadway grading, pavement and curbs and gutters and other required highway appurtenances shall be in conformance with State of Illinois Motor Fuel Tax standards for municipal construction.
(3)
Sidewalks. Sidewalks if required shall be four inch concrete over a six inch aggregate base with wire fabric reinforcement per city specifications.
(4)
Street signs and street lights. Street signs and street lights shall be installed in accordance with city requirements.
(5)
Water lines.
(a)
Where a approved public water supply is reasonably accessible or procurable, each lot within the subdivided area shall be provided with access to such water supply. The layout shall be designed to form a loop system. No main shall be smaller than six inches and the minimum size for service lines shall be four inches, except that two-inch stubs may be extended to serve a maximum of three lots.
(b)
Each lot within a subdivision shall be marked with access to the city water supply. The layout shall be in conformance with the City of Lewistown Water Department specifications and be approved by the City Engineer.
(6)
Sanitary sewers.
(a)
All subdivisions coming under the provisions and having reasonable access to the city sanitary sewer shall provide each lot within the subdivision with access to the sanitary sewer. The design and construction of the sanitary sewer shall be approved by the City Engineer and meet city requirements.
(b)
When any subdivision is planned that is not reasonably accessible to a public sanitary sewer, the use of individual sewage treatment systems or a central sewage treatment plant to serve the subdivision must be proposed. The system proposed shall meet the requirements of either the Fulton County Health Department or the State of Illinois EPA depending upon jurisdiction for the type of system proposed. If individual systems are proposed pursuant to Fulton County Health Department requirements, the location of the system and appurtenances and any alternative locations shall be shown on the final plat. If a central system is proposed the financing, operation and maintenance shall be approved by the City Council.
(Ord. 1999-7, passed 5-25-1999)
§ 153.352 CHARACTER OF DEVELOPMENT.
(A)
The Council shall confer with the subdivider regarding the type and character of development that will be permitted in the subdivision and may agree with the subdivider as to certain minimum restrictions to be placed upon the property to prevent the construction of substandard buildings and control the type of structures, or the use of the lots, which, unless so controlled, would clearly depreciate the character and value of the proposed subdivision and adjoining property.
(B)
Subdivision shall fit into and take advantage of natural features of the topography. Existing trees shall be carefully preserved and no tree with a trunk of more than four inches in diameter that is not within a roadway or within a area to be occupied by a building may be removed without a permit issued by the City Engineer.
(C)
Where a subdivision contains parks, common space, ornamental areas or other improvements or facilities which cannot or may not be properly maintained or operated by a public agency, the subdivision restrictions shall include trusteeships and assessment arrangements providing for operation and maintenance and the financing thereof by the property owners within the subdivision.
(Ord. 1999-7, passed 5-25-1999)
§ 153.353 VARIATIONS AND EXCEPTIONS.
Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in these regulations would result in real difficulties or substantial hardship or injustice, the City Council, after report by the Plan Commission, may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner, but so that, at the same time, the public welfare and interests of the county are protected and the general intent and spirit of these regulations preserved.
(Ord. 1999-7, passed 5-25-1999)
§ 153.354 REQUIRED SUBDIVISION DESIGN AND IMPROVEMENT STANDARDS. [1]
Low Density Residential Area - Over 20,000 sq. ft. per Dwelling Unit | Medium Density Residential Area - 6,000 sq. ft. to 20,000 sq. ft. per Dwelling Unit | High Density Residential Area - Less than 6,000 sq. ft. per Dwelling Unit | Commercial and Industrial Areas | |
|---|---|---|---|---|
For Rights-of-Way | ||||
Right-of-way width (ft.) minor streets | 50 | 50 | 50 | 66 |
Alley width if provided (ft.) | 20 | 20 | 24 | 24 |
Easements - total (ft.) | 10 | 10 | 10 | 10 |
Maximum block length (ft.) | 1,500 | 1,000 | 1,000 | N/A |
Minimum block length (ft.) | 500 | 500 | 400 | N/A |
Maximum cul-de-sac length (ft.) | 1,500 | 1,000 | 750 | None |
Minimum cul-de-sac radius (ft.) | 40 | 50 | 50 | None |
Pavement width (ft.) back to back of curb | 22 | 28 | 36 | 36 |
Maximum grade (percent) | 10 | 8 | 6 | 4 |
Minimum grade (percent) | 0.5 | 0.5 | 0.5 | 0.5 |
Minimum sight distance (ft.) | 150 | 150 | 150 | 200 |
Sidewalk width (ft.) | 0 | 4 | 5 | 10 |
Sidewalk distance from curb (ft.) | — | 6 | 6 | 0 or 6 |
Curb and gutter required | No | Yes | Yes | Yes |
Public water required | Yes | Yes | Yes | Yes |
Public sanitary sewer required | No | Yes | Yes | Yes |
Storm drainage required | yes | Yes | Yes | Yes |
For Lots | ||||
Minimum building line (ft.) | 35 | 30 | 25 | 25 |
Minimum lot width at building line (Ft.) | 80 | 60 | 50 | N/A |
Minimum lot depth (ft.) | 130 | 100 | 100 | N/A |
Minimum lot depth (ft.) | 3 times width | 3 times width | 3 times width | N/A |
Minimum average lot width for corner lots (ft.) | 85 | 85 | 85 | N/A |
Right-of-way radius on corner lots (ft.) | 20 | 20 | 30 | 30 |
(Ord. 1999-7, passed 5-25-1999)
[1]
Editor's Note: Appendix, Required Subdivision Design and Improvement Standards is included as an attachment to this title.