This chapter shall be known and referred to as the "City of Litchfield, Illinois, Subdivision Regulation Ordinance".

(Ord. 3355, passed 11-6-2012)

The purpose and intent for the adoption of this chapter is as follows:

(A)

To provide minimum standards of design for the development of subdivisions for a desired living environment and orderly growth of the community;

(B)

To coordinate subdivision development with consideration given to the comprehensive plan prepared for the city, the orderly extension of utilities, the present and future needs of the community for public land for streets, alleys, parks, schools and other public use, the extension of police and fire protection, and the promotion of favorable conditions to insure the health, safety and general welfare of persons living within the territory governed by this chapter;

(C)

To outline procedures required of all developers, their responsibility to meet or exceed defined minimum standards, and promote a favorable working relationship between the city and the developer to safeguard the interest of the homeowner, subdivider, investor and the city; and

(D)

To establish standards for monumenting and platting to clearly delineate the limits of each and every lot, permanent easement and lands dedicated for public use.

(Ord. 3355, passed 11-6-2012)

Wherever any subdivision of land shall hereafter be laid out within the incorporated limits of the city, or anywhere within contiguous territory not more than 1 ½ miles beyond the incorporated limits of the city, the subdivider thereof or his or her agent shall submit the documents required by this chapter to the Planning Commission. For a major subdivision, the preliminary plan, final subdivision plat and improvement plans shall be submitted. For a minor subdivision, a final subdivision plat shall be submitted. For a tract survey, the tract survey drawing shall be submitted. The plat and plans and all procedures relating thereto, shall in all respects be in full compliance with the requirements contained in this chapter.

(Ord. 3355, passed 11-6-2012)

(A)

No land shall, after the adoption of these regulations, be subdivided or filed for record, nor any street laid out, nor any improvements made to the land, until the plan or plans of the subdivision shall have been certified to and approved by action of the City Council, in accordance with the procedure provided in this chapter; and no plat of a subdivision shall be approved without compliance with the standards of design and required improvements provided in this chapter. This approval must be in writing and placed on the plat and plans according to the procedures outlined herein.

(B)

No lot, tract, or parcel of land within any such subdivision shall be offered for sale, contract for sale; or option be made or given until such subdivision plans and plat have been properly reviewed by the city and officially approved by the City Council.

(C)

No improvements, such as sidewalks, water supply, storm water drainage, sewerage facilities, gas service, electric service or lighting, or grading, paving or surfacing of streets, shall hereafter be made within any such subdivision by any owner or owners, or his or their agents, or by any public service corporation at the request of such owner or owners, or his or their agents, until the plans for the subdivisions and plans for improvements thereto have been formally approved by the City Engineer.

(D)

No plat will be approved for a subdivision which is subject to periodic flooding, or which contains poor drainage facilities and which would make adequate drainage of lots and streets impossible. However, if the subdivider agrees to make improvements which will, in the opinion of the City Engineer, make the area safe for residential occupancy, provide adequate lot and street drainage and not create adverse drainage conditions up-stream or down-stream, the preliminary plan of the subdivision may be approved.

(E)

All land offered to the city for use as streets, alleys, schools, parks and other public use shall be referred to the Planning Commission for review and recommendation before being accepted by the City Council or by any other governing authority of the city. This requirement shall apply to any site or condominium development which creates public right-of-way for streets or alleys.

(F)

In all subdivision development, due regard shall be given to the preservation of historical sites and natural features such as large trees, water courses and scenic views.

(G)

Whenever an area is subdivided into large lots which may at a later date be re-subdivided, consideration shall be given to the street and lot arrangement of the original subdivision so that additional streets can be located to permit a logical arrangement of smaller lots.

(H)

Whenever an existing subdivision or portion of an existing subdivision shall be re-subdivided by changing the lot lines, the re-subdivision shall be submitted for review and approved by the Planning Commission and City Council.

(I)

When preliminary plans for part of a tract or ownership is submitted for review and approval, the Planning Commission or City Council may require the owner to prepare at least a street plan of his, her, or their entire tract based upon proper topographic surveys before approval of any portion of such tract.

(J)

The City Council may vary and make exceptions, as set forth herein, in instances where there is sufficient evidence, in its opinion, of hardship caused by topographic conditions; or where any other reasonable deterrents prevail.

(K)

Divisions of land shall be considered minor or major subdivisions with the following exceptions listed below. Proposed divisions, exchanges or conveyances of property may be brought to the city for determination of whether the ordinance is applicable and which ordinance approval process is applicable. After application, during the review process, the city will recommend if a different process is applicable.

(1)

This chapter does not apply to the following divisions, exchanges or conveyances of property, provided that the conditions for meeting the exceptions are met.

(a)

The conveyance of land for highway or other public purposes when such conveyance does not involve any new streets or easements of access: and only when such conveyance is pursued by a government entity for the benefit of the public.

(b)

Conveyances made to correct descriptions in prior conveyance.

(c)

The conveyance of parcels of land or interests therein for the use as a right-of-way for railroads, public utility facilities and pipe lines which does not involve any new streets or easements of access.

(d)

The sale or exchange of parcels of land between owners of adjoining and contiguous land where the transfer does not result in the creation of another buildable lot and/or does not require a metes and bounds description.

(e)

The conveyance of land currently owned by a railroad or public utility to a third party which does not involve any new streets or easements of access.

(2)

This chapter requires submittal of a tract survey for the following divisions, exchanges or conveyances of property.

(a)

The division complies with the provisions of the Condominium Property Act as per current Illinois statutes.

(b)

The sale or exchange of parcels of land between owners of adjoining and contiguous land where the transfer results in the creation of another buildable lot and/or requires a metes and bounds description.

(c)

The division or subdivision of land into parcels or tracts of 5 acres or more in size which does not involve any new streets, public improvements or easements of access.

(d)

The division of existing lots or blocks of less than 1 acre in any recorded subdivision which does not involve any new streets, easements of access, drainage or utility easements.

(e)

The sale or exchange of parcels or tracts of land following the division into no more than 2 parts of a particular parcel or tract of land existing on July 17, 1959 and not involving any new streets or easements of access.

(f)

The sale of a single tract less than 5 acres from a tract of 5 acres or larger when a survey is made by a registered surveyor; provided, however, that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions and configuration of the larger tract on October 1, 1973, and provided that this exemption does not invalidate any other local requirements applicable to the subdivision of the land.

(Ord. 3355, passed 11-6-2012)

(A)

The provisions of this chapter shall be interpreted as minimum requirements.

(B)

Where the conditions imposed by any provision of this chapter upon the use or development of the land are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or of any other official policy, law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements, shall govern.

(C)

This chapter is not intended to abolish any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, then the requirements of this chapter shall govern.

(D)

If any article, section, sub-section, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this chapter.

(Ord. 3355, passed 11-6-2012)

(A)

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

(B)

Any suit brought against any officer, board member, agent or employee of this municipality, as a result of any act required or permitted in the discharge of his or her duties under this chapter shall be defined by the municipal attorney until the final determination of the legal proceedings.

(Ord. 3355, passed 11-6-2012)

For the purpose of this chapter, the following words, terms, phrases and their derivations shall have the meaning given in this Section. The word "shall" is always mandatory and the work "may" is permissive.

(Ord. 3355, passed 11-6-2012)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Alley means a public way along the side of or in the rear of properties intended to provide secondary access to these properties.

Base flood means the flood event having 1% probability of being equaled or exceeded in any given year.

Base flood elevation means the computed elevation to which floodwater is anticipated to rise during the base flood.

Block means the distance as measured along a street between intersecting streets from center line to center line; and where the context requires, it also means the enclosed area within the perimeter of the streets or property lines enclosing it.

Building inspector means the zoning enforcement officer of the City of Litchfield and the enforcing officer under this chapter.

Building line means a line within a lot so designated on the plat of the subdivision. Erection of a building is prohibited between the building line and any street right-of-way line which abuts the lot.

Certificate of review means an official letter of notification written by the City Administrator to the subdivider advising him or her of the review, approval or disapproval, with a statement of the deficiencies, if disapproved.

Circulation plan means that portion of the Comprehensive City Plan providing and planning for the present and future street and road system for the city.

City engineer means a professional engineer registered in the State of Illinois, representing the City of Litchfield, Illinois.

Collector street means a street that serves as a connection between a thoroughfare and several minor residential, industrial or commercial streets. The term includes the principal entrance streets of a residential development and principal circulating streets within such development.

Cross walkway means a strip of land dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas.

Cul-de-sac means a street having 1 open end and being permanently terminated by a vehicular turnaround.

Dedicate means to transfer ownership of land, either fee simple or partial interest, for a public use, and for a public body to accept it for that public use.

Division means a division of land into 2 or more parts that does not meet the definition of a subdivision.

Double frontage means a lot which has a pair of opposite lot lines along 2 substantially parallel streets.

Drainage course means a natural or man-made water course for the drainage of surface waters.

Easement means a grant by a property owner for the use of such owner's land by the general public, a corporation, or a certain person or persons, for a specific purpose or purposes.

Engineer for subdivision means a professional engineer registered in the State of Illinois representing the owner and/or subdivider.

Executive director is a synonym for the Chairman of the City of Litchfield Planning Commission.

Final plat means the plat of subdivision to be recorded in the Montgomery County Recorder's Office after the procedures and requirements of this chapter have been met and the plat is approved by the City Council of the City of Litchfield.

Flag lots mean lots which have no direct public street frontage except for a relatively narrow access strip ("flagpole") from the main body of the lot to the public street where it derives access.

Floodplain means those lands subject to inundation by the base flood identified by the Flood Insurance Rate Maps (FIRMS) prepared by the Federal Emergency Management Agency (FEMA). In areas delineated by FEMA as floodplain where no base flood elevations are provided, the owner shall submit supporting calculations prepared by a registered professional engineer that identify the base flood elevation.

Half street means a street bordering 1 or more property lines of a tract of land in which the subdivider has allocated only part of the ultimate right of way width.

Improvements mean those public improvements including grading, streets, drainage, sanitary sewers and services, water mains and services, and sidewalks. Public improvements are dedicated to public use. Other improvements include street lighting and utilities that fully serve the proposed subdivision.

Large scale construction plans mean detailed construction plans for a project that meets the definition of a large scale development.

Large scale development means a project for which no division of land is proposed but which involves the development of any office, commercial, industrial, multifamily residential, or mobile home development which proposes to contain more than 1 principal structure on more than ½ acre of land or any 1 office, commercial, industrial, multi-family residential, or mobile home development consisting of more than 5 acres, regardless of the number of structures.

Lot means a building site shown on a plat of subdivision as a numbered, identifiable tract to be offered as a unit for sale or transfer of ownership, or for building development.

Major street means a street designed to serve as a major traffic artery for movement of vehicles through the city or between various parts of the city.

Marginal access street means a street which is parallel and adjacent to a major street or highway, and which provides access from the major street or highway, to abutting properties and protection from through traffic.

Minor or local street means a street intended primarily as access to abutting properties.

Official plan refers to the composite of the functional and geographic elements of the Comprehensive City Plan, or any segment thereof.

Owner means any individual, firm, association, partnership, trust, corporation, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.

Parcel refers broadly to a lot, trust, or any other piece of land.

Plan commission refers to the Plan Commission of the City of Litchfield. Same as "Planning Commission".

Plat officer means the Zoning Administrator of the City of Litchfield or his/her duly authorized representative.

Pre-application conference means a meeting between the subdivider and the Planning Commission and, when advisable, appropriate municipal officials and City Engineer prior to subdividing.

Preliminary plan means a tentative map, drawing or chart of a proposed subdivision or greater area prepared in the manner and containing the data, documents, and information required of this chapter for preliminary review and preliminary approval by the Planning Commission of Litchfield.

Principal use means the predominant use of land or a structure designated by the owner as the primary or main use and to which any other use must be accessory.

Private features mean any lands or improvements in a subdivision which are shown on approved plans and which will not be owned or maintained by a public entity or private utility, including, but not limited to, common areas and open space, detention facilities, shared entrances, street lighting, recreation facilities, and landscape elements (e.g. gateways, buffers, signs, and the like).

Private street means an undedicated street which is privately owned and maintained.

Protective covenants mean contracts entered into between private parties and constitute a restriction on the use of all private property within a subdivision for the benefit of property owners, and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values.

Public improvements. See Improvements.

Public street means a street dedicated for public use.

Record drawings (as-built plans) mean a set of the public improvement drawings that are marked with all changes made during construction of the public improvements.

Recorder means the Recorder of Deeds of Montgomery County, Illinois.

Reserve strip means a tract of land intended to prohibit the use of a public right of way or access to a public right of way by owners of adjacent properties. Reserve strips are not allowed under this chapter.

Roadway or road. Wherever the words road or roadway are used in this chapter, it shall be deemed the paved area existing in the street right-of-way and not the street right-of-way width.

Setback lines mean no building improvement on a lot shall be located between a setback line and a property line on a lot. Setback line dimensions are defined in the City Zoning Ordinance.

Site development plan means a general site plan for development for a project that meets the definition of a large scale development.

Subdivider means any individual, firm, association, partnership, trust, corporation, or any other legal entity commencing proceedings under this chapter for the subdivision of land for himself, herself, or for another.

Subdivision means the division of land in 2 or more parcels for the purpose, whether immediate or future, of transfer of ownership or building development, including all public streets, alleys, easements for public service facilities, parks play grounds, school grounds, or other public grounds.

Subdivision, major means any subdivision that does not meet the requirements of a tract survey or a minor subdivision.

Subdivision, minor means a proposed subdivision of land is a minor subdivision if the proposed division of a parcel of land meets the conditions of § 154.021(A).

Tract survey means a land survey, made by an Illinois registered land surveyor, complying with the requirements of this chapter.

(Ord. 3355, passed 11-6-2012)

(A)

Tract survey approval is designed to ensure that all divisions of land comply with the State Plat Act, and the right-of-way and lot configuration requirements of this chapter and the city's zoning ordinance. Right-of-way conveyance shall be required in fee simple for all parcels of land resulting from the tract survey division that abut existing roadways where no rights-of-way have been previously conveyed in fee simple. However, if the division is based on the contiguous owner exemption to the State Plat Act, no right-of-way conveyance shall be required.

(B)

General procedure. The tract survey process is intended to provide a simplified approval process wherein the Plat Officer has the authority to approve tract surveys and no City Council action is required.

(C)

A tract survey is required under the following circumstances: A TRACT Survey as set forth in §§ 154.035 through 154.038 and §§ 154.050 through 154.053 shall be required for a division or subdivision of land as required in § 154.004(K).

(Ord. 3355, passed 11-6-2012)

(A)

The Planning Commission shall review minor subdivisions and make recommendation to the City Council for final approval or disapproval of the subdivision as a minor subdivision and the conveyance of a parcel or parcels of land in the minor subdivision for transfer without compliance with the requirement of a major subdivision under this chapter.

(B)

The minor subdivision process may be used if all the following conditions are met:

(1)

There are 3 lots or fewer resulting from the division of the total parcel;

(2)

All lots front on a public street;

(3)

No new streets, street widening, street extension or public improvements are required to fully serve the subdivision;

(4)

If lot is not able to connect to public sanitary sewer, the owner shall furnish a document from Montgomery County Health Department stating that the lot(s) meet the permit requirements of the Private Sewage Disposal Ordinance. Lot size shall be a minimum of 20,000 square feet. Soil testing and evaluation shall be performed; and

(5)

Adequate area is provided in each lot to insure a safe water supply regardless of whether each lot is served by public sewers or private sewage disposal system.

(Ord. 3355, passed 11-6-2012)

Major subdivisions shall be approved in 4 stages: pre-application meeting stage; preliminary plan stage; improvement plans and the final plat stage.

(A)

The pre-application conference stage provides the subdivider the opportunity to discuss the proposed subdivision with the appropriate agencies so that he or she can become familiar with subdivision requirements, existing conditions and future plans.

(B)

The preliminary plan stage requires the subdivider to present all information needed to enable the Planning Commission to determine that the proposed layout is satisfactory and will serve the public interest. This stage also ensures that the subdivider will not be required to expend excessive monies without some assurance that his or her plat will be finally approved.

(C)

The improvement plan stage requires the subdivider to present all the information needed to enable the City Engineer to check the storm water, drainage and to determine that the storm sewers, sanitary sewers, water mains, streets and sidewalks construction meets the requirements of the subdivision ordinance and the specifications of the City Engineer.

(D)

The final plat stage requires the subdivider to present a complete survey plat to enable the Planning Commission to determine that the subdivision fully complies with these regulations and conforms to the approved preliminary plan.

(Ord. 3355, passed 11-6-2012)

(A)

The large scale development process shall be used for projects for which no division of land is proposed but which involves the development of any office, commercial, industrial, multi-family residential, or mobile home development which proposes to contain more than 1 principal structure on more than ½ acre of land or any 1 office, commercial, industrial, multi-family residential, or mobile home development consisting of more than 5 acres, regardless of the number of structures.

(B)

The large scale development approval process consists of 2 primary review and approval steps:

(1)

A site development plan meeting the requirements of §§ 154.050 through 154.053, for review and approval by the Planning Commission and City Council.

(2)

Detailed construction plans that are signed and sealed by a registered professional engineer meeting the requirements of §§ 154.050 through 154.053, for review and approval by the city staff and the City Engineer.

(Ord. 3355, passed 11-6-2012)

(A)

Five copies of the tract survey shall be submitted to the Plat Officer accompanied by the fee.

(B)

The Plat Officer shall review the survey to ensure that it conforms to the pertinent requirements of this chapter and the city's zoning ordinance. The owner shall be notified of tract survey approval or disapproval within 5 working days.

(1)

Disapproval. If the Plat Officer finds that the tract survey does not meet the requirements of this code, the disapproval and noncompliance found shall be specified in writing.

(2)

Approval.

(a)

If the Plat Officer finds that the tract survey does meet the requirements of this code, the following shall be printed or stamped on the original and prints and endorsed by the Plat Officer:

County of Montgomery )

) ss

State of Illinois )

I, City of Litchfield Plat Officer, do hereby approve this Tract Survey in accordance with the provisions of the Subdivision Ordinance of the city of Litchfield, Illinois.

City of Litchfield Plat Officer _________________________

Date _________________

(b)

The Plat Officer shall keep 1 copy and transmit 4 copies of the approved tract survey to the owner for recording.

(C)

Recording the tract survey. After the tract survey has been approved, the original shall be recorded in the Office of the Recorder of Deeds of Montgomery County, Illinois. If the tract survey is not recorded within 180 days of Plat Officer approval, the approval shall be null and void. The owner shall furnish the city with a copy of the tract survey with the recorder's stamp.

(Ord. 3355, passed 11-6-2012)

(A)

Any person proposing to create a minor subdivision shall submit a survey plat with a legal description of the parcels sought to be transferred.

(B)

Minor subdivision fees payable to the City Clerk shall be $150.

(C)

A letter to be submitted by the Building Inspector to the Planning Commission, that the parcel or parcels of land created comply with existing City Zoning Ordinance.

(D)

Recommendation by the Building Inspector to the Planning Commission for approval of lots in 1 of the following forms:

(1)

Approve for building sites. Access to public sewer is approved or individual sewage systems have been approved by Montgomery County.

(2)

Approved for transfer of property. No building site approval granted.

(E)

Within 45 days after submission of a minor subdivision or within a mutually agreed upon extension, the City Council shall approve or disapprove the application for transfer without compliance with the requirements of a major subdivision under this chapter.

(F)

If the City Council does not approve the transfer without compliance with the requirements of a major subdivision under this chapter, the applicant shall be notified in writing of the reason for disapproval. If the City Council approves the minor subdivision, approval shall be noted on the plat and signed by the Mayor affixed with the date of such approval. The approval shall expire within 60 days unless the minor subdivision plat is recorded in the Office of the County Recorder of Deeds during such period.

(Ord. 3355, passed 11-6-2012)

(A)

Pre-application conference procedure.

(1)

Prior to the filing of an application for approval of the preliminary plan, the subdivider may request a pre-application conference with the Planning Commission for preliminary discussion of the proposed subdivision. This step does not require formal application, fee, or filing of the plat.

(2)

The purpose of the pre-application conference is to afford the subdivider an opportunity to avail himself or herself of the advice and assistance of the Planning Commission before preparation of the preliminary plan and before formal application for its approval to save time and money, and to make the most of his or he opportunities.

(3)

The subdivider may also consult with the City Engineer and the Building Inspector and avail himself or herself of the advice and assistance of these offices.

(4)

The subdivider will receive assistance concerning the relationship of the land he or she proposes for subdividing with the Comprehensive Plan for the city and with other proposed subdivision plans and/or public improvements that might affect the area.

(5)

The pre-application conference is recommended but is not a mandatory requirement of the subdivider.

(6)

The conference will be scheduled at the convenience of the Planning Commission, subdivider, and other personnel attending this conference as requested by the Planning Commission.

(7)

No fee will be required for the pre-application conference.

(B)

Preliminary plan procedure.

(1)

The subdivider shall cause to be prepared a preliminary plan, together with supplementary material as specified in this chapter.

(2)

The subdivider shall submit the following items to the City Administrator for conditional approval of the preliminary plan:

(a)

Three copies of the application for preliminary plan approval;

(b)

Eight paper copies of the preliminary plan, also, provide electronic copy, if requested by city;

(c)

Four copies of letter of zoning compliance from the Building Inspector;

(d)

Four copies of the outline of protective covenants; and

(e)

Any other data deemed necessary by the Planning Commission.

(3)

At the time of filing for conditional approval of the preliminary plan, the application shall be accompanied by a certified check or money order, payable to the city, to cover the cost of checking and verifying the preliminary plan, in the amount of $150, plus $25 per lot.

(4)

Upon the acceptance of the application by the City Administrator, the City Clerk shall deposit the check or money order in the General Fund.

(5)

Upon receipt of the above documents and payment, the documents shall be marked with the official filing date.

(6)

The City Clerk and the City Administrator each shall retain 1 copy of the preliminary plan and other documents submitted by subdivider.

(7)

The remaining copies shall be forwarded to the City Planning Commission.

(8)

The Planning Commission shall transmit copies of the preliminary plan to the City Engineer, Superintendent of Streets, utility companies, county engineer (if in unincorporated area of jurisdiction), School Board, and others as deemed necessary.

(9)

The Planning Commission shall transmit 1 copy of outline of protective covenants to City Engineer. The officials and agencies shall make their review and recommendations to the Planning Commission within 30 days from the date of transmission.

(10)

The Planning Commission may request additional copies of the preliminary plan, or additional information deemed necessary.

(11)

In the event that the preliminary plan involves special problems, or is in conflict with the Comprehensive Plan, the Planning Commission shall inform the owner or subdivider of the problems or conflicts, and shall advise him or her of the time and place for a hearing before the Planning Commission.

(12)

Following review of the preliminary plan and supporting material for conformity to these regulations, and following negotiations with the subdivider on changes deemed advisable, and the kind and extent of improvements to be made by him or her, the Planning Commission shall, within 60 days of the date the preliminary plan was marked officially tiled, express its approval as a conditional approval and shall state the condition of such approval, if any, or shall express its disapproval and its reasons therefor.

(13)

Preliminary plan, approval. If the Planning Commission shall find that such proposed plan satisfies the requirements of this chapter, the Planning Commission shall endorse approval thereon in substantially the following language:

"The proposed plan of subdivision herein is approved and the Planning Commission now is ready to receive the final plat of said Subdivision for consideration. This is NOT an approval of the final plat.

DATED ___________

CITY OF LITCHFIELD PLANNING COMMISSION

By ___________________________________"

(14)

Preliminary plan, disapproval. If the Planning Commission shall find that such proposed plan does not satisfy the requirements and intentions of this chapter, it shall specify its objections by written findings and order, and the Planning Commission may thereupon disapprove such preliminary plan or may recommend approval thereof conditioned upon specific changes in the proposed plan to remove its objections.

(15)

A subdivider may submit to the Planning Commission an amended preliminary plan for the purpose of complying with any order of the Planning Commission. In such event, prints thereof shall be so filed.

(16)

The action of the Planning Commission shall be noted on 4 copies of the preliminary plan, referenced and attached to any conditions determined. One copy shall be returned to the subdivider; 1 copy shall be forwarded with a report, to the City Council; 1 copy shall be forwarded with a report to the City Engineer and the other copy retained by the Planning Commission.

(17)

Conditional approval of a preliminary plan shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plan as a guide to the preparation of the final plat which will be submitted for approval of the Planning Commission, and for recording upon fulfillment of the requirements of these regulations and the conditions of the conditional approval, if any.

(C)

Public improvement plans procedure.

(1)

After the Planning Commission approval of the preliminary plan, the subdivider shall cause to be prepared detailed construction public improvement plans and specifications for the improvements for that portion or all of the approved preliminary plan which he or she proposes to record and develop at the time, provided, however, that such portion conforms to all requirements of these regulations. A certified check or money order, payable to the city, to cover the cost of checking and verifying the public improvement plans, in the amount of $50, plus $25 per lot shall be given to the City Clerk.

(2)

Upon receipt of these final plans, the Planning Commission shall refer same to the City Engineer for his or her comments and corrections. The City Engineer shall review these plans for compliance with the city requirements, and shall return them, together with his or her recommendations, to the Planning Commission. The City Engineer may, at his or her discretion, confer with the engineer for subdivision concerning correction to the final plans prior to his or her final approval. All final plans shall be submitted on 24 inch by 36 inch maximum sheet size paper, and shall bear the signature and seal of the Illinois Registered Professional Engineer under whose directions they were prepared.

(3)

When the improvement plans and specifications are determined to be in compliance with the requirements of this chapter and to the satisfaction of the City Engineer, the City Engineer shall indicate his or her approval and the date of approval on 3 sets of improvement plans to be retained by the Planning Commission. Until the City Engineer indicates his or her approval in writing that the proposed improvement plans and specifications conform to generally accepted engineering practices and to the standards imposed by this chapter, (a) the subdivider shall not allow construction of any part of the improvements and (b) the City Council shall not act upon the application for final plat approval.

(4)

The Planning Commission shall then send written notice to the subdivider and his or her engineer that the improvement plans have been approved and the final plat can be submitted for approval.

(D)

Final plat procedure.

(1)

The subdivider shall make application to the Planning Commission for approval of a final plat.

(2)

The following items shall be submitted to the Planning Commission as follows:

(a)

Two copies of the final plat application;

(b)

Five paper copies of final plat and vicinity map, with original, signatures;

(c)

Final plat fees of $250;

(d)

One of the following 2 items:

1.

Approval by City Engineer that the improvements have been constructed in a satisfactory manner and related requirements have been satisfied as described elsewhere in this division (D); or

2.

One copy of financial guarantees approved by the city's Attorney in an amount stated by the City Engineer pursuant to this chapter;

(e)

Recommendation by the Building Inspector to the Planning Commission for approval of lots in one of the following forms:

1.

Approved for building sites. Access to public sewer is approved or individual sewage systems have been approved by Montgomery County; or

2.

Approved for transfer of property. No building site approval granted; and

(f)

A letter to be submitted by the Building Inspector to the Planning Commission, that the parcel or parcels of land created comply with existing City Zoning Ordinance.

(3)

The final plat may, at the discretion of the subdivider, constitute only such portion of the tract covered in the preliminary plan as the subdivider proposes to record and develop. The remaining portion of the preliminary plan shall receive an automatic time extension of 1 year to be submitted in final form after approval of the initial portion of the tract. A further extension of time may be granted annually by the Planning Commission upon written request to continue approval of the unrecorded portion of the original preliminary plan where circumstances affecting further subdivisions under the plan have not substantially changed. If no final plat or no portion of the original preliminary plan has been submitted for approval and no written request to continue approval of the unrecorded portion of the original preliminary plan has been submitted within 1 year after the preliminary plan is approved, the preliminary plan shall be resubmitted by the subdivider for review and approval by the Planning Commission prior to submission of a final plat.

(4)

The Planning Commission may request additional copies of any of the above items and any other additional information deemed necessary. Within 10 working days after the date of a complete submission, the Planning Commission shall determine if all items as required by § 154.053 have been submitted. If all required items have not been submitted, the Planning Commission shall notify the subdivider of such omissions.

(5)

Upon receipt of a final plat, the Planning Commission shall review the final plat and shall direct the City Clerk to send 2 copies thereof with a copy of the letter of transmittal from the Planning Commission to the City Engineer. City Engineer shall review final plat and provide written comments to the Planning Commission. Planning Commission shall notify subdivider of any deficiencies in the final plat and subdivider shall submit revised final plat.

(6)

Within 30 days after application for approval of the Final Plat, the Planning Commission shall approve or disapprove a recommendation for approval by the City Council. If the Planning Commission approves, it shall affix upon the plat the signature of its chairman and secretary and the date signed. If it disapproves, it shall set forth its reason in its own records and provide the applicant with a copy.

(7)

Should the Planning Commission determine to disapprove the final plat, written notice of such action, including reference to the regulations or regulation violated by the plat, shall be mailed to the subdivider. The action shall also be entered on the official records of the Planning Commission.

(8)

In the event the Planning Commission shall fail to act upon the final plat within 30 days from the date of its official filing, or within a mutually agreed upon extension, the final plat shall be deemed to have been approved by the Commission.

(9)

After approval of the final plat by the Planning Commission and the fulfillment of the requirements of these regulations, 3 paper copies of the final plat of the subdivision, shall be submitted to the City Council for approval. Planning Commission shall state in writing any variances or exceptions to the requirements of this chapter that are recommended by the Planning Commission and set forth its reasons for recommending same.

(10)

The City Engineer shall notify the County Superintendent of Highways and the appropriate Township Highway Commissioner of the date, time and location of final inspections that occur outside of the city corporate boundary and within the 1 ½ mile jurisdiction of the city in order that the County Superintendent of Highways and the township Highway Commission may participate in the inspection. The County Superintendent of Highways and the appropriate Township Highway Commissioner shall also be notified in writing when the final plat is submitted to the City Council for final approval.

(11)

Within 60 days after the Planning Commission meeting to approve recommendation of the final plat, and after the City Engineer has recommended approval as required in this section, and after the required improvements either have been installed in the manner specified by this chapter, or that the surety bonds, certified checks or irrevocable letters of credit are in a form and amount sufficient to assure completion, the City Council may approve the final plat and authorize the Mayor to sign the approval of the plat for and in the name of the city, and the City Clerk to attest the same, and thereupon the original of the final plat shall be delivered to the subdivider.

(12)

The certificate on the final plat shall be signed by the Chairman of the County Board of Supervisors and the County Clerk where the plat covers land in the unincorporated 1 ½ mile fringe area.

(13)

Final plat, recordation. When such final plat has been approved by the City Council, and is signed by the Mayor and the City Clerk, it may be recorded in the office of the Recorder of Deeds of Montgomery County, Illinois, along with a required filing fee.

(14)

Acceptance of streets. For any final plat of subdivision which contains streets, thoroughfares or other public improvements reserved for dedication to public use, notwithstanding other provisions of this section required herein, the approval of the final plat by the City Council shall constitute the acceptance of such improvements and as provided by the Illinois "Plat Act" (ILCS Ch. 765, Act 205) as amended. If the streets and other public improvements are not completed on the date of the final plat approval, then the City Council shall accept the streets and other public improvements by a motion or an Ordinance at a subsequent City Council meeting provided that the requirements of § 154.052, Major Subdivisions are met and provided that the City Engineer recommends that the improvements be accepted.

(Ord. 3355, passed 11-6-2012)

(A)

A site development plan for a project which meets the definition of a large scale development as defined in § 154.008 shall be submitted to the City Administrator for review by the city's Planning Commission and City Council. The applicant shall submit a total of 20 copies of the site development plan containing the information required per §§ 154.050 through 154.053, a minimum of 14 calendar days in advance of the regularly scheduled meeting of the Planning Commission. A certified check or money order, payable to the city, to cover the cost of checking and verifying the large scale development, in the amount of $200 shall be given to the City Clerk.

(B)

The Litchfield Planning Commission shall review the site development plan and make recommendation for approval or denial of the site development plan to the City Council, based on the requirements contained in §§ 154.050 through 154.053. The City Council shall review the site development plan at its next regularly scheduled meeting and either approve or deny the site development plan based on the requirements contained in §§ 154.050 through 154.053.

(C)

Upon approval of the site development plan, the developer shall submit 4 copies of the detailed construction plans for the proposed large scale development to the city for review and approval by the appropriate city staff and City Engineer or duly authorized representative.

(D)

No building permits shall be issued until:

(1)

The site development plan has been approved by the City Council;

(2)

The construction plans have been approved by the appropriate city staff and City Engineer;

(3)

Rights-of-way have been dedicated and recorded for existing and proposed public roadways, if any; and

(4)

The bonding of any public improvements has been submitted and approved.

(Ord. 3355, passed 11-6-2012)

When a tract survey is required by this chapter, a survey drawing with a font size no smaller than 10 point shall be submitted including the following information.

(A)

A land survey plat showing right-of-way conveyance where abutting an existing street where no previous conveyance has been given. Right-of-way shall be conveyed in fee simple. A minimum of 30 feet from centerline shall be conveyed or as required to facilitate the development of the city's future arterial roadway network. The survey shall show the location of all survey monuments and their description.

(B)

The survey shall show all dimensions, both linear and angular, necessary for locating the boundaries of the property or properties, setbacks, streets, alleys, easements, and other areas for public or private use. Linear dimensions are to be given to the nearest 1/100 of a foot. Error of closure shall not exceed 1/5000.

(C)

The survey shall list the acreage and metes and bounds description of each parcel or tract within the entire property included on the survey, and shall also list the acreage and metes and bounds description for the entire property included on the survey.

(D)

The survey shall be on a minimum sheet size is 8-½ by 11 inches. Maximum sheet size is 30 by 36 inches. Drawing shall be on paper or mylar sheet. Provide electronic copy if requested by city. Requirements specified herein shall also be consistent with current requirements of the Montgomery County Recorder's Office.

(E)

The survey shall show north arrow, scale and date.

(F)

The survey shall list the current zoning of the property.

(G)

The survey shall list the name, address and phone number of the land surveyor and owner.

(H)

The owner shall provide written verification that payment of taxes is not delinquent.

(I)

The survey shall contain the seal and signature of an Illinois professional land surveyor, with appropriate statement that the plat meets the standards of practice of the Illinois Professional Land Surveyor's Act.

(J)

The survey shall contain the notarized Owner's written acknowledgment of the right-of-way conveyance in fee simple.

(K)

The survey shall include a statement indicating whether or not any part of the land surveyed is located in a special flood hazard area.

(L)

The survey shall depict the horizontal limits and the base flood elevation of the floodplain. Floodplain shall be defined as those lands subject to inundation by the base flood identified by the Flood Insurance Rate Maps (FIRMS) prepared by the Federal Emergency Management Agency (FEMA). In areas delineated by FEMA as floodplain where no base flood elevations are provided, the owner shall submit supporting calculations prepared by a registered professional engineer that identify the base flood elevation.

(M)

The survey shall depict the location of all existing buildings and their distances from front, rear and side property lines.

(N)

The survey shall list the parcel identification number as assigned by Montgomery County.

(O)

If lot is not able to connect to public sanitary sewer, the owner shall furnish a document from Montgomery County Health Department stating that the lot(s) meet the permit requirements of the Private Sewage Disposal Ordinance. Lot size shall be a minimum of 20,000 square feet. Soil testing and evaluation shall be performed.

(Ord. 3355, passed 11-6-2012)

Final plat shall meet the following requirements.

(A)

A vicinity map with entire ownership and the location of the subdivision. Show the total area (acreage) of entire ownership. Dimensions are optional on vicinity map.

(B)

The name of the subdivision, a graphic (engineering) scale, a north arrow, the name of the owner(s) and the subdivider(s), and the date.

(C)

The subdivision name shall not duplicate any other subdivision plat name heretofore recorded in Montgomery County. If the subdivision is a re-subdivision of existing lots and street rights-of-way, the original name of the subdivision may remain. For a re-subdivision, lot numbers shall be different from original lot numbers. Original lot numbers shall be shown and distinguishable from the new lot numbers.

(D)

A metes and bounds legal description of the overall property to be subdivided.

(E)

All dimensions and bearings necessary for locating the boundaries of the subdivision, lots, setbacks, streets, alleys, easements, and other areas for public or private use. Linear dimensions are to be given to the nearest 1/100 of a foot. Error of closure shall not exceed 1/5000.

(F)

Lines of all proposed streets and alleys with the right-of-way widths and names.

(G)

All lots designated by number. Setback lines for each lot in accordance with City Zoning Ordinance.

(H)

Names of adjoining property owners.

(I)

Surveyor's name, registration number, seal and signature.

(J)

Area of each lot in whole units of square feet or in acres carried to the third decimal place.

(K)

The minimum sheet size is 8-½ by 11 inches. Maximum sheet size is 30 by 36 inches. Drawing shall be on paper or mylar sheet. Provide electronic copy if requested by city.

(L)

Requirements for a final plat document as established by the Montgomery County Recorder's Office.

(M)

Zoning classification(s) for the subdivision and adjacent properties.

(N)

Radii, arcs or chords, points of tangency and central angles for all curvilinear streets and radii for rounded corners.

(O)

Location of all survey monuments and their description.

(P)

Accurate outline of any portions of the property intended to be dedicated or granted for public use and the designation of such.

(Q)

Protective covenants, if applicable to subdivision, written on the final plat, or noted on the final plat and attached therewith.

(R)

Acknowledgment of the plat by the owner(s) or a duly authorized attorney and a notary public. Final plat or documents attached to the final plat shall have the following approval along with respective signature line.

(S)

Approved by the city meeting the requirements of a minor subdivision.

(Ord. 3355, passed 11-6-2012)

(A)

Pre-application conference.

(1)

General information prepared in advance of the pre-application conference by the subdivider is recommended as follows.

(2)

Sketch plan, on a U.S. Geological Survey Quadrangle Map or other available topographic map, should show in simple sketch form the proposed layout of streets, lots and other features in relation to existing conditions. The proposed features may be in freehand sketch form. This drawing should include the following information.

(a)

Location, tract boundaries, north arrow, scale and date.

(b)

Existing highways and proposed street layout on and adjacent to the tract.

(c)

Location of existing utilities and proposed extensions to serve the tract.

(d)

Information on method of sewage disposal and water supply.

(e)

Existing zoning districts for proposed tract and adjacent areas.

(f)

Existing topographic features - natural and manmade.

(g)

Subdivision name and name and address of subdivider, engineer and surveyor.

(h)

Location of schools, parks, playgrounds, shopping centers, and other significant community features.

(B)

Preliminary plan.

(1)

The preliminary plan drawing shall show the following.

(a)

Identification and description.

1.

The proposed name of the subdivision or the title under which the final plat will be recorded (not duplicating a name of any plat heretofore recorded in Montgomery County).

2.

The names and addresses of the owner, subdivider, engineer and registered land surveyor.

3.

The north, arrow and graphic (engineering) scale of not more than 100 feet to the inch.

4.

The date of preparation.

5.

A note stating "Preliminary Plan - NOT to be recorded by the Recorder of Deeds".

(b)

Existing conditions.

1.

A vicinity map with entire ownership and the location of the ownership to be transferred. Show the total area (acreage) of the entire ownership. Dimensions are optional on vicinity map.

2.

The boundary line of the proposed subdivision clearly indicated and the total approximate area (acreage) therein.

3.

The locations, widths and names of all existing or previously platted streets or other public ways, showing type of improvements, if any, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, easements, section and township lines within the tract and to a distance of 200 feet beyond the proposed subdivision.

4.

The location and size of existing sewers, water mains, culverts or other underground facilities within the proposed subdivisions and to a distance of 200 feet beyond.

5.

Topographic data including existing contours at vertical intervals of not more than 2 feet unless a greater interval is required to properly depict rough terrain. Topographic data shall refer to the United States Geological North American Datum - mean sea level elevation. Water courses, marshes, rock outcrops, other significant features and soil boring data located and depths as may be required by the Planning Commission.

6.

Zoning classification for, and adjacent to, the tract.

7.

Letter of Zoning Compliance from the Building Inspector endorsed on 1 copy of the plan.

8.

Names of adjoining property owners.

(c)

Subdivision design features.

1.

Layout of streets - showing right-of-way widths and street names. Public streets shall be required in all subdivisions.

2.

Location and widths of alleys, pedestrian ways, utility easements, lots and setback lines.

3.

Areas intended to be dedicated or reserved for public use -indicating, in each, the approximate area (acreage) in coverage.

4.

Layout, numbers and typical dimensions of lots to the nearest foot. Letters shall not be used for identification of lots or blocks.

5.

Minimum front and side-street building lines; with setback dimensions indicated.

6.

For re-subdivision of existing lots, the name of the subdivision may remain the same. Lot numbers shall be different from original lot numbers.

(2)

The subdivider shall provide an outline of any protective covenants for the proposed subdivision that shall address type of structures, architectural controls, and the like.

(3)

Land subject to flooding or containing poor drainage facilities. No preliminary plan shall be approved for subdivision which is subject to periodic flooding or which contains extremely poor drainage facilities. However, if the subdivider agrees to make improvements which shall, in the opinion of the City Engineer, make the area safe for occupancy, and provide adequate drainage, the preliminary plan of the subdivision may be approved.

(C)

Public improvement plans preparation.

(1)

The plans and specifications shall be prepared by an Illinois Registered Professional Engineer and shall bear the seal, signature and date by the engineer.

(2)

Public improvement plans and specifications shall be submitted in triplicate to the Planning Commission and shall include at least the following:

(a)

Detailed drawings of the grading plan, street improvement plans, drainage plans, sanitary sewer plans, and water system improvement plans.

(b)

Plans and profiles shall be drawn at a scale not to exceed 1 inch equals 50 feet horizontally, and 1 inch equals 5 feet vertically, and shall show horizontal and vertical location of streets, sewers, appurtenances and grade, both existing and proposed.

(c)

Detailed material and construction specifications concerning the work to be performed, including general conditions of the contract accepted by the city.

(D)

Final plat.

(1)

The final plat shall conform substantially to the preliminary plan as approved including any condition(s) which may have been required by the Planning Commission.

(2)

Final Plat shall meet the following requirements:

(a)

A vicinity map with entire ownership and the location of the subdivision. Show the total area (acreage) of entire ownership. Dimensions are optional on vicinity map.

(b)

The name of the subdivision, a graphic (engineering) scale, a north arrow, the name of the owner(s) and the subdivider(s), and the date.

(c)

The subdivision name shall not duplicate any other subdivision plat name heretofore recorded in Montgomery County. If the subdivision is a re-subdivision of existing lots and street rights-of-way, the original name of the subdivision may remain. For a re-subdivision, lot numbers shall be different from original lot numbers. Original lot numbers shall be shown and distinguishable from the new lot numbers.

(d)

A metes and bounds legal description of the overall property to be subdivided.

(e)

All dimensions and bearings necessary for locating the boundaries of the subdivision, lots, setbacks, streets, alleys, easements, and other areas for public or private use. Linear dimensions are to be given to the nearest 1/100 of a foot. Error of closure shall not exceed 1/5,000.

(f)

Lines of all proposed streets and alleys with the right-of-way widths and names.

(g)

Line of departure of one street from another.

(h)

All lots designated by number. Setback lines for each lot in accordance with City Zoning Ordinance.

(i)

Location of all easements provided for public use, public service or utilities. Easements shall include anchor space for pole lines.

(j)

Surveyor's name, registration number, seal and signature.

(k)

Names of adjoining property owners.

(l)

Area of each lot in whole units of square feet or in acres carried to the third decimal place.

(m)

The minimum sheet size is 8-1/2 by 11 inches. Maximum sheet size is 30 by 36 inches. Drawing shall be on paper or mylar sheet. Provide electronic copy if requested by city.

(n)

Requirements for a final plat document as established by the Montgomery County Recorder's Office.

(o)

Zoning classification(s) for the subdivision and adjacent properties.

(p)

Radii, arcs or chords, points of tangency and central angles for all curvilinear streets and radii for rounded corners.

(q)

Location of all survey monuments and their description.

(r)

Accurate outline of any portions of the property intended to be dedicated or granted for public use and the designation of such.

(s)

Protective covenants written on the final plat, or noted on the final plat and attached therewith.

(t)

If the first final plat is less than the entire area of the subdivision, the plat name shall include the words "First Addition". Subsequent plats shall be in numerical order.

(u)

Acknowledgment of the plat by the owner(s) or a duly authorized attorney and a notary public. Final plat, or documents attached to the final plat, shall have the following certifications, recommendation and approvals along with the respective signature lines.

(3)

Certificate of ownership.

STATE OF ILLINOIS )

) SS

COUNTY OF MONTGOMERY )

"This is to certify that the undersigned is the owner of the land described in the plat, and that he (she) has caused the same to be surveyed and subdivided as indicated hereon, for the uses and purposes herein set forth, and does hereby acknowledge and adopt the same under the style and title hereon indicated."

Dated this _______________day of _______________ A.D., _______________.

Owner (printed) _________________________________

Owner Official (if applicable, printed) ______________________________

Owner (signature) _______________________________

Address ________________________________________

(4)

Certification by notary public.

STATE OF ILLINOIS )

) SS

COUNTY OF MONTGOMERY )

"I, _____________________, a Notary Public in and for the County of _______________ in the State of _______________, do hereby certify that ____________________, personally known to me to be the same person(s) whose name(s) (is) (are) subscribed to the foregoing instrument, appeared before me this day in person and (severally) acknowledged that he (they) signed, sealed and delivered the instrument as his or her (their) free and voluntary act for the uses and purposes therein set forth."

Given under my hand and Notarial Seal this _______________ day of _______________, AD, __________.

Notary Public __________________________________

(5)

Certification by a registered Illinois Land Surveyor attesting to the accuracy of the survey and the correct location of all monuments. Sample certificate as follows:

CERTIFICATION BY THE SURVEYOR

STATE OF ILLINOIS )

) SS

COUNTY OF MONTGOMERY )

"This is to certify that I, ____________________, Illinois Land Surveyor No. __________, have surveyed and subdivided the following described property: (legal description) as shown on this plat which is a correct representation of the survey and subdivision. All distances are shown in feet and decimals thereof. I further certify that all regulations enacted by the City of Litchfield relative to plats and subdivisions have been complied with in the preparation of this plat."

Given under my hand and seal at _______________, Illinois, this ______________ day of __________, A.D., __________.

Surveyor (signature) ____________________________

(6)

Certification by the County Clerk that all taxes and special assessments have been paid to date. Sample certification as follows:

CERTIFICATE BY THE COUNTY CLERK

STATE OF ILLINOIS )

) SS

COUNTY OF MONTGOMERY )

"I, ____________________, County Clerk of Montgomery County, Illinois, hereby certify that I find no delinquent general taxes, unpaid current general taxes, delinquent special assessments or unpaid current special assessments against the tract of land described in the above plat."

Dated at Hillsboro, Illinois, this __________ day of __________.

County Clerk (Signature) ____________________________

(7)

Drainage certification, signed by the owner of the subdivision and his or her engineer, in accordance with the provisions of ILCS Ch. 109.

(8)

School district statement.

"The undersigned owner of the land shown on the attached Plat does hereby certify and state to the best of their knowledge and belief that the property is within Litchfield School District 12."

(9)

City Engineer recommendation for approval.

"The final plat of this subdivision is hereby recommended to the City Council for approval."

Date: _______________

By: _______________

City Engineer

(10)

Recommendation by Planning Commission.

"This final plat of subdivision is recommended to the City Council of Litchfield, Illinois, for approval, subject to certification by the City Engineer, that all required improvements stated in the City of Litchfield, Illinois, Subdivision Regulation Ordinance have been constructed satisfactorily or that certified check, satisfactory bond, or acceptable irrevocable Letter of Credit guaranteeing completion of such construction has been filed."

Recommended by Planning Commission at a meeting held _______________

CITY OF LITCHFIELD, ILLINOIS,

PLANNING COMMISSION

Chairman (signature) _____________________

Secretary (signature) _____________________

(11)

Approval by City Council.

"Under the authority provided by Chapter 65 Illinois Revised Statutes, 2008, enacted by the State Legislature of the State of Illinois, and provided by Ordinance of Subdivision Regulations (Ordinance Number ______________) adopted by the City Council of the City of Litchfield, Illinois, this plat was given approval by the City of Litchfield."

Approved by the City Council at a meeting held ______________

Mayor ___________________________________

City Clerk _______________________________

Approved by the County Board of Supervisors, Montgomery County, Illinois, at a meeting held ____________________.

Chairman ______________________________

County Clerk __________________________

(12)

The final plat shall not be approved by the City Council until either:

(a)

Condition A. The City Engineer indicates their approval that the required improvements specified by this chapter have been constructed in a satisfactory manner in accordance with the minimum standards established by this chapter and with the public improvement plans and specifications. Public improvements shall be completed within the time schedule in § 154.088. Such approval shall not be given until:

1.

The City Engineer is given the opportunity to inspect the required improvements.

2.

Record drawings (as-built plans) are received which have been sealed by an Illinois registered professional engineer, and

3.

Receipt of a notarized statement by the subdivider stating that "To the best of my knowledge and belief, all required public improvements were observed by the undersigned or their designee and have been installed to the specifications shown on the construction plans."

Or

(b)

Condition B. In lieu of such prior construction, the City Engineer may recommend to the City Council, that the subdivider be allowed to file with the City Clerk a financial surety which shall include, but not necessarily be limited to, surety bond, certified check or an irrevocable letter of credit to the city guaranteeing the availability of funds herein after provided in division (D)(12)(b)2. of this section, to assure completion of the required improvements.

1.

Financial surety in a form acceptable to the City Attorney shall be required in accordance with division (D)(12)(b)2. of this section for the following improvements:

i.

Pavement (including grading, sub-base if applicable, lime stabilization, medians, boulevards, curbs and gutters, striping and all incidental street improvements);

ii.

Storm sewer system (including pipes, backfill, inlets, frame and grates, manholes, flared end sections with grates and all incidental storm sewer items);

iii.

Storm water management (including pond, swales, ditches, outfall structures, pipes into and out of pond, bank stabilization, and all incidental storm sewer items);

iv.

Erosion control (including silt fence, ditch checks, riprap, inlet protections, soil treatment/fertilizer/seed/mulch, sod, fine grading and all incidental erosion control items);

v.

Private drive within an access easement when such private drive serves as the sole access to a lot or lot(s), to include street improvement items as further described in division (D)(12)(a) of this section;

vi.

Sanitary sewers (including piping, backfill, structures, lateral taps, and all incidental sanitary sewer items);

vii.

Public water distribution systems;

viii.

Street lighting systems;

ix.

Traffic signal systems when required; and

x.

Sidewalks and ramps when required.

2.

Financial surety shall be provided in the amount of 125% of the cost of the improvements specified in division (D)(12)(a)1. of this section. Surety shall be accompanied by an estimated construction cost and shall be sealed and attested to by an Illinois licensed professional engineer.

3.

The financial surety shall remain in effect until released by the City Engineer subject to:

i.

The City Engineer shall be given the opportunity to inspect the required improvements;

ii.

Receipt of record drawings (as-built plans), sealed by an Illinois registered professional engineer; and

iii.

Receipt of a notarized statement by the subdivider stating that "To the best of my knowledge and belief, all required public improvements were observed by the undersigned or their designee and have been installed to the specifications shown on the construction plans."

iv.

All improvements shall be constructed completely within the time schedule in § 154.088. If not completed, City Council reserves the right to take the action in the section.

(Ord. 3355, passed 11-6-2012)

(A)

Large scale development fees of $200 shall be submitted to the City Clerk. A site development plan shall be submitted that shall include the following information at a scale of no more than 50 feet to the inch with a font size no smaller than 10 point:

(1)

Title of the development.

(2)

General land legal description and acreage of the property to be developed.

(3)

North point, scale and date of preparation and any revisions.

(4)

Names, addresses and phone numbers of the owner, developer and engineer. A contact person should be designated for each.

(5)

Boundary lines with distances to the nearest foot.

(6)

Proposed on-site vehicular circulation drives.

(7)

Location of proposed parking, including accessible spaces per current requirements of the American Disabilities (ADA) Act and the Illinois Accessibility Code.

(8)

Location of the accessible route as required by the ADA Act from the public right of way to the entrance of public buildings as defined by the ADA Act, if any.

(9)

Location of existing and proposed sidewalks.

(10)

Location of existing and proposed sanitary sewers.

(11)

Location of existing floodplain.

(12)

Location of existing and proposed storm sewers and storm water detention.

(13)

Location of existing and proposed structures.

(14)

Location and size of existing and proposed water mains, and location of existing and proposed fire hydrants.

(15)

The location of existing streets, curb cuts, watercourses and other existing features within 200 feet of the site.

(16)

Proposed typical pavements sections.

(17)

Traffic analysis if more than 200 cars are to be accommodated on-site.

(18)

Utilities planned to serve the area.

(19)

Building setback lines.

(20)

Landscape plans meeting the current landscape ordinance of the city.

(21)

Location of outdoor lighting and signs.

(22)

Seal and signature of a registered professional engineer.

(B)

Large scale construction plans for large scale developments shall contain the following information.

(1)

Dimensioned site plan, depicting the proposed structures and all proposed site features such as parking layout, sidewalks, entrances and access aisles, curbs and gutters, site light locations, building setbacks, easements, and proposed on-site signage including regulatory, directional and informational signage. The site plan shall also depict the proposed accessible parking spaces per current requirements of the American Disabilities Act (ADA) and the Illinois Accessibility Code, and the location of the accessible route from the public right of way to the building entrance as required by the ADA. The site plan shall also depict the location of existing streets, curb cuts, watercourses and other existing features within 200 feet of the site. The site plan shall also show the bearings of the boundary lines and lengths to the nearest 0.01 foot.

(2)

Site utility plan, depicting the location and size of proposed sanitary sewers, water mains, fire hydrants, electrical lines, natural gas lines, and communication lines.

(3)

Grading and drainage plan, depicting the existing and proposed storm sewers, inlets, detention ponds, spot elevations and existing and proposed contours at an interval of l'-0".

(4)

Storm water pollution prevention plan as required by the Illinois Environmental Protection Agency.

(5)

Any public improvement plans associated with the large scale development shall also meet the requirements of the public improvement plans section included in §§ 154.050 through 154.053.

(6)

Landscape plans, meeting the requirements of the city's landscape ordinance.

(7)

Site lighting plan. The site lighting shall be designed to minimize light spill on adjoining properties.

(8)

Detail sheets that as a minimum are to include typical pavements sections.

(9)

All of the improvement plans for the site shall contain the seal and signature of a registered professional engineer.

(Ord. 3355, passed 11-6-2012)

(A)

(1)

The following standards for design and layout requirements shall apply to all new subdivisions of land. In addition, all subdivisions shall be developed to conform with Litchfield's Comprehensive Plan and any future revisions made thereto.

(2)

The arrangement, character, width, grade and location of all streets shall conform to the city highway system or plans for the opening, widening or extension of any street, road or major thoroughfare as adopted by the City Council in the public interest. Whenever a tract to be subdivided includes any part of such thoroughfares as approved or shown on the adopted city plan, such part shall be dedicated to the public for street purposes by the subdivider.

(B)

Interpretations. The standards, provisions and specifications contained in this chapter are provided herein to promote the best possible development and use of land for orderly growth of the community. Exceptions from these standards, provisions and specifications may be granted when shown conclusively and to the satisfaction of the city that such exceptions will bring about a more logical and desirable result than would be obtained by strict compliance.

(C)

Land subject to inundation. Land subject to flooding and land deemed by the reviewing authorities to be uninhabitable shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life, or property, or aggravate the flood hazard, but such land within the plat shall be set aside for such uses that shall not be endangered by periodic or occasional inundation and shall not produce unsatisfactory living conditions.

(D)

Public sites and open spaces. All proposed plats submitted for approval under the provisions of this chapter shall allocate adequate areas for park, school recreational and other public and semi-public sites, wherever necessary, in conformity with the city's Comprehensive Plan and as required by the city. The location, shape, extent, and orientation of such areas shall be consistent with existing and proposed topographical and other conditions, including but not limited to the park, school, recreational and other public and semi-public needs of the proposed subdivision. Such areas shall be made available by one of the following methods.

(1)

Dedication to public use.

(2)

Reservation for the use of owners of land contained in the plat, by deed restriction or covenants which specify how and under what circumstances the area or areas shall be developed and maintained.

(3)

Reservation for purchase by a governmental unit or agency thereof within a period of 2 years, such reserved area to be released for private use:

(a)

In the event no governmental unit or agency thereof proceeds with such purchase within 2 years, after date of the recording of the plat; or

(b)

If released by the governmental unit or agency prior to the expiration of the 2-year period.

(4)

Due regard shall be shown for preserving outstanding scenic, cultural or historic areas.

(5)

All areas within the subdivision not dedicated and accepted for public use shall be either:

(a)

Included in a lot;

(b)

Dedicated for the use of some or all owners, their heirs, successors and assigns forever; or

(c)

Dedicated to a public entity presently in being who accepts title by endorsement on the plat.

(Ord. 3355, passed 11-6-2012)

(A)

Continuation of existing streets. Proposed streets shall, as near as practicable, provide for the continuation, connection, or projection of streets in surrounding areas; or may conform to a plan for one of Litchfield's neighborhoods as may have been approved by the city.

(B)

Circulation. The street pattern shall provide ease of circulation within the subdivision, but the local streets therein shall be so laid out that their use by through traffic will be discouraged. Insofar as practical, the street arrangement should provide proper access to schools, playgrounds, transportation and other community features. New street openings shall generally be prohibited within 600 feet of any major intersection or crossing such as those formed by a railroad and a highway, 2 or more highways, or from the head of any major bridge, grade separation structure or like facilities, as measured along the centerline from the intersection or from such structures.

(C)

Topographical and cultural features. In sloping terrain, streets shall generally run parallel to the contour of the land, or preferably cross at a slight angle therewith. The general objectives are to avoid steep street grades; heavy concentrations of storm surface runoff; abnormal differentials in building elevations at opposite sides of the street; and excessive grading operations. Appropriate treatment shall be given to encourage the preservation of existing views, wooded areas, creeks and other attractive natural features of the plat.

(D)

Portion of tract. Where the plat to be submitted includes only a part of the tract owned by the subdivider, the Council should require topography and a sketch layout of the future street system on the unsubdivided portion.

(E)

Marginal streets and reverse frontage agreement. Where a subdivision abuts or contains an existing or proposed arterial street, involving heavy volumes of high speed vehicular traffic, the Planning Commission and City Council may require marginal access streets, or a reverse lot frontage with screening contained in a non-access reservation along the rear property line, and such other treatment as may be necessary for adequate protection of the proposed industrial, commercial or residential development to assure separation of through and local traffic. Before requiring any marginal streets or reverse frontage arrangements, the Planning Commission and City Council shall take into account and decide upon the physical location of the major pubic utility lines as they relate to the existing and potential development along both sides of the arterial street.

(F)

Frontage along railroads. Where a subdivision borders on a railroad-right-of-way, the Planning Commission and City Council may require a street approximately parallel to the side of such right-of-way, and at a reasonable distance therefrom, dependent on the nature and intended use of the subdivision. Such distance shall also be determined with due regard for the requirements of future grade separation facilities and access roads or ramps thereto. The back lot line shall abut the railroad right-of-way except in special cases determined acceptable by the city.

(G)

Street intersections. The angle of intersection at street intersections should intersect each other as near a right angle as possible and no intersection of streets at angles of less than 60° shall be permitted.

(H)

Street jogs. Street jogs shall be avoided whenever possible. However, where permitted, the minimum centerline offset distance between roads entering a common right-of-way from opposite sides will be 125 feet.

(I)

Half street. Half streets shall be prohibited. In case a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.

(J)

Reserve strips. Reserve ("spite" or "devil") strips controlling access to streets shall not be permitted. Streets shall be located on the edge of, or 1 lot-depth away from, the boundary of the tract.

(K)

Dead-end streets.

(1)

Dead-end or stub-end streets are prohibited. However, where it is necessary to provide circulation to undeveloped property adjacent to the boundaries of the proposed subdivision, a temporary cul-de-sac with a turnaround radius of not less than 50 feet shall be provided within the subdivision and adjacent to its limit for what would otherwise be a stub-end street.

(2)

Provision will be made by the subdivider that when the right-of-way is extended into the adjacent property that portion of the turn-around is excess of the right-of-way width will revert to the adjacent property owner or owners, and curbs and gutters will be provided.

(L)

Cul-de-sac. Cul-de-sac, designed to be permanent, shall not be longer than 500 feet, and shall be provided at the closed end with a turn-around having an outside roadway diameter of at least 80 feet, and a street property line diameter of at least 100 feet. No cul-de-sac may intersect with another cul-de-sac.

(M)

Alleys. Alleys in residential developments will be prohibited. Service roadways will be required in commercial and industrial developments, except where other provisions for suitable access and off-street loading and unloading is assured. Alleys may be provided at the rear of all lots or tracts intended for multiple-family building use; however, they wall not be encouraged.

(N)

Right-of-way. In the case of the extension of an existing adjoining right-of-way, having a width less than the minimum requirement, the Planning Commission may approve the extension thereof at the same width.

(O)

Street names. No street names may be used which will duplicate, or be confused with, the names of existing streets. Existing street names must be projected wherever possible.

(Ord. 3355, passed 11-6-2012)

(A)

The Planning Commission and the City Council shall determine the right-of-way widths where topography or other conditions make dedication of a street or part thereof of the required minimum width impractical and may also increase the minimum width to accommodate the present and future needs for additional vehicular lanes, parking lanes, left turn lanes, sidewalks, utilities and other design features that may require right-of-way in addition to the minimum right-of-way widths designated in this chapter.

(B)

All rights-of-way shall conform to the following minimum dimensions:

(Ord. 3355, passed 11-6-2012)

A minimum radius of 20 feet is required where right-of-way lines intersect at street intersections in residential areas. The radius at intersecting right-of-way lines for industrial subdivisions and intersection of new streets with a major street shall be increased to 30 feet, or as directed by the Planning Commission and City Council.

(Ord. 3355, passed 11-6-2012)

(A)

Easements shall be provided for any surface, underground, or overhead utility service, including storm water drainage, where necessary. They shall have a width of 15 feet and shall be established along the rear of each lot and along the side lot lines where necessary. The easements shall be laid out with continuity from lot to lot and from block to block. No building shall be constructed upon the easements.

(B)

When a subdivision is traversed or bounded by a water course, drainage way, channel, or a stream, there shall be provided a storm water easements or drainage right-of-way conforming substantially with the lines of such water course, and such further width or construction, or both, as will be adequate for the purpose. It shall include an additional area of at least 15 feet wide adjoining both edges of the established flood plain area as certified by the subdivider or his or her engineer. Minimum floor elevations for structures may be required in areas which are or may become subject to flooding by surface water.

(Ord. 3355, passed 11-6-2012)

(A)

The maximum length of blocks shall be 1,200 feet. All blocks over 800 feet will ordinarily require crosswalkways at the approximate centers. The use of additional crosswalkways in any instance to provide safe and convenient access to schools, parks or other similar destinations will be specified by the Planning Commission or the City Council.

(B)

No specific rule concerning the shape of blocks is made, but blocks must fit easily into the overall plan of the subdivision, and their design must evidence consideration of lot planning, traffic flow, and public areas.

(C)

Blocks intended for commercial and industrial use must be designated as such, and the plan must show adequate off-street areas to provide for parking, loading docks and such other facilities that may be required to accommodate motor vehicles.

(D)

The lengths, widths and shapes of blocks shall be determined with due regard to:

(1)

Provisions of adequate building sites suitable to the special needs of the type of use contemplated;

(2)

Zoning requirements as to lot sizes and dimensions;

(3)

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

(4)

Limitations and opportunities of topography.

(Ord. 3355, passed 11-6-2012)

(A)

The lot size, width, depth, shape, orientation, and the minimum building setback lines shall be appropriate for the location of the subdivision and type of development and use contemplated.

(B)

The minimum lot frontages, dimensions, sizes, and yard requirements shall be in accordance with the minimum requirements for the zoning district in which the lot is located, as set forth in the Zoning Ordinance of the city.

(C)

Where public sanitary sewers are not available for connection to the lots in the proposed subdivision, minimum lot size shall be 20,000 square feet. Lot size and configuration shall be acceptable for permitting by Montgomery County Health Department based on soil evaluation. (Also see § 154.098, Sanitary Sewers).

(D)

Corner lots shall be sufficiently larger than interior lots to allow maintenance of building setback lines for both streets. Corner lots shall meet the front and side setback requirements of the city's zoning ordinance.

(E)

All lots shall abut on at least 1 publicly dedicated street.

(F)

Side lines of lots shall be approximately at right angles to the street line or radial to curved street lines.

(G)

Double frontage lots are forbidden except where lots back upon an arterial street and in such instances, vehicular access from each lot to the arterial street is prohibited.

(H)

Flag lots shall not be permitted.

(Ord. 3355, passed 11-6-2012)

Where a proposed park, playground, school or other public use area, shown in the Comprehensive Plan for the city, and adjacent unincorporated areas, is located in whole or in part in a subdivision, the Planning Commission or the City Council may require the dedication or reservation of area within the subdivision in those cases in which the Planning Commission or the City Council deems such requirements to be reasonable. However, in no case shall the total amount of required public areas be dedicated or reserved, in addition to public streets, exceed 10% of the total acreage owned and proposed to be developed by one developer. The acquisition of the additional area needed for parks, playgrounds, schools or other public uses, other than streets and alleys, shall be secured by the proper governing body, or arrangements made for securing the area from the owner within a period not to exceed 90 days.

(Ord. 3355, passed 11-6-2012)

The City Council and Planning Commission shall, in the performance of their plat-approving function, be vigilant for opportunities; to encourage and facilitate the replatting of prematurely and inexpertly subdivided areas which are in sharp contrast to current standards of acceptability. Rehabilitation of these areas shall be implemented through proper design considerations when adjacent unsubdivided land is proposed for development.

(Ord. 3355, passed 11-6-2012)

(A)

Unless otherwise expressly indicated, the developer, through his or her engineer shall prepare and furnish all plans, specifications, cost estimates, and other essential documents necessary for the construction and installation of the required improvements. And, further, the subdivider shall agree at his or her own cost and expense, to do all the work, furnish all the materials and labor necessary to construct and complete the required improvements in a good and substantial manner to the satisfaction of the City Engineer.

(B)

Unless otherwise specified, storm drainage improvements and street improvements, including curb and gutters, pavement base and surface, sidewalks and site grading shall be constructed in accordance with the provisions of the current issue of the Standard Specifications for Road and Bridge Construction, adopted by the State of Illinois, Department of Transportation. Sanitary Sewer and Water Main Improvements shall be constructed in accordance with the provisions of the current issue of the Standard Specifications for Water and Sewer Main Construction in Illinois.

(Ord. 3355, passed 11-6-2012)

All required improvements to be installed under the provisions of this chapter shall be inspected at the subdivider's expense. A registered professional engineer, approved by the city, as agent for the subdivider or owner, shall be responsible for the inspection on the job during the process of construction. When the work is completed, the registered professional engineer shall certify in writing, to the city that the work was constructed in accordance with the approved plans and specifications. Also, the registered professional engineer shall prepare and submit to the city for their files, a complete set of "as-built" plans on reproducible paper, cloth or mylar. The subdivider shall bear the cost of providing the "as-built" plans and specifications. Inspection of improvements shall be 2% of estimated cost of improvements.

(Ord. 3355, passed 11-6-2012)

The developer shall file with the City Engineer a list of all contractors and sub-contractors who will participate in the construction of public improvements. Such contractors and sub-contractors shall be subject to any and all licensing provisions of the city or county, and shall be subject to disqualification by reason of faulty performance of prior construction work done in the city or county.

(Ord. 3355, passed 11-6-2012)

All improvements shall be constructed within the schedule as follows.

(A)

For Condition A of final plat approval (defined in § 154.052(D)(12)(a)), public improvements shall be constructed completely within 2 years of the date of approval of the improvement plans and specifications. If improvements are not completed within 2 years, the City Council approval of Improvement Plans and Specifications shall expire unless the subdivider requests and is granted an extension of time by the City Engineer in writing. The City Engineer may grant time extensions up to 1 year, and grant subsequent time extensions annually.

(B)

For Condition B of final plat approval (§ 154.052(D)(12)(b)), public improvements shall be constructed completely within 2 years of the date of approval of the improvement plans and specifications. If construction of improvements is not completed within 2 years as stated above, then City Council approval of the improvement plans and specifications shall expire unless the subdivider requests and is granted an extension of time by the City Engineer in writing. The City Engineer may grant a time extension of up to 1 year, and grant subsequent time extensions annually. If construction of improvements is not complete within 2 years, or within any time extension granted by City Engineer, the City Council reserves the right to:

(1)

Rescind the final plat approval and return the financial guarantee; or

(2)

Execute the financial guarantee in order to construct the public infrastructure if such construction is necessary to serve lots that have been sold and built upon.

(Ord. 3355, passed 11-6-2012)

The subdivider shall provide a 1 year warranty of construction of all public improvements. The warranty period shall begin on the date of substantial completion of the public improvements as approved by the City Engineer and recorded on the record drawings of the subdivision. The subdivider shall replace or repair defective items of the public improvements upon the direction of the City Engineer.

(Ord. 3355, passed 11-6-2012)

Permanent easements shall be dedicated on the final plat for utilities and drainage facilities that are outside of the rights-of-way of public streets.

(Ord. 3355, passed 11-6-2012)

(A)

All grading, paving, surfacing, drainage structures or other improvements required or involved in the opening, widening or expansion of any street, road or public way, shall be of such size, width, thickness, character and type deemed necessary by the City Council, upon the recommendations of the City Engineer, to be suitable and appropriate to the intended use and development, and consistent with the standards and specifications set forth or referenced in this chapter. Street improvements shall meet the requirements of the Illinois Department of Transportation (IDOT) Bureau of Local Roads Manual and the Standard Specifications for Road and Bridge Construction subject to exceptions permitted by the City Engineer.

(B)

Street grades. Grades on major streets shall not exceed 5%. Grades on other streets shall not exceed 8%. Grades less than 0.4% will not be allowed.

(C)

Vertical curves. Vertical curves will not be required where the intersecting street grades have an algebraic difference of less than 0.6 of 1%. Vertical curves shall be provided where the intersecting street grades have an algebraic difference greater than 0.6 of 1%. The profile grades for major streets shall be connected by vertical curves of a minimum length equivalent to at least 30 times the algebraic difference between the rates of grade, expressed in feet per hundred; for collector and local streets, at least 20 times.

(D)

Roadway width.

(1)

The minimum roadway width, measured from back of curb to back of curb, shall be 41 feet for secondary and collector streets, and 31 feet for minor streets, dead-end streets and marginal access streets.

(2)

The minimum radius to back of curb for cul-de-sac shall be 40 feet.

(3)

The roadway width for major streets and streets to be constructed for commercial and industrial subdivisions will be analyzed on an individual basis.

(Ord. 3355, passed 11-6-2012)

(A)

The minimum design for pavement base and surface for collector streets, minor streets, marginal access streets, dead end streets and cul-de-sacs shall be:

(1)

Six inch (compacted thickness) Aggregate Base Course Type B with 3 inch (compacted thickness) Hot-mix Asphalt Binder and surface course (1-½ inch thick each); or

(2)

Four inch (compacted thickness) Hot-mix Asphalt Binder Base Course, with 2 inch (compacted thickness) Surface Course, on an improved subgrade approved by the City Engineer; or

(3)

Four inch (compacted thickness) aggregate base course Type B with 7 inch non-reinforced P.C. Concrete pavement jointed with approved load transfer devices. Jointing plan shall be on the construction plans.

(B)

Illinois bearing ratio tests will be required to determine pavement base and surface requirements when it is deemed necessary by the City Engineer for any street and will be required for all secondary and major Streets. The subdivider through his or her engineer, shall submit the results of the test and calculations made for pavement type and thickness to the City Engineer for review and approval.

(C)

Before construction of pavement base and surface, all street grading necessary shall be completed to the alignment, typical section and grade in accordance with the construction plans and a proof roll conducted and approved by the City Engineer.

(D)

After grading of the streets is completed and approved, and before the base course of the roadway pavement is laid, all of the underground work, such as sewer, water and gas mains, house service connections therewith, and any underground conduits for electric and telephone lines, shall be completely installed in place, backfilled, compacted and approved for pavement construction.

(E)

The surface course of the roadway pavement shall not be constructed until the backfilling of all trenches dug for the installation of the aforementioned utility services have completely settled, or compacted, to the satisfaction of the Engineer of the City of Litchfield.

(F)

Before the surface course of roadway pavement is constructed, all depressions in the base course shall be properly filled and brought to the required grade so as to create an even surface.

(Ord. 3355, passed 11-6-2012)

Alleys approved for use in any subdivision shall be subject to a pavement design based on the type and volume of vehicular traffic expected, meeting the approval of the City Engineer. The minimum design that will be allowed is 5 inches (compacted thickness) crushed stone or gravel of the following widths:

(A)

Through residence blocks, not less than 16 feet.

(B)

Through business areas, not less than 20 feet.

(Ord. 3355, passed 11-6-2012)

(A)

A suitable curb and gutter 24 inches in width, shall be constructed along the outside lines of all major streets and of 18 inches for all secondary, collector or minor streets. The type of curb and gutter and location of expansion and contraction joints shall be subject to the approval of the Planning Commission and City Engineer.

(B)

The concrete used in the construction of the curb and gutter shall have an air content of not less than 4% nor more than 7% of the volume of the concrete and shall have a minimum compressive strength of 3,500 pounds per square inch at age of 28 days.

(Ord. 3355, passed 11-6-2012)

(A)

If the property subdivided is located within the corporate limits of the city, or immediately adjacent thereto, sidewalks shall be required.

(B)

Sidewalks shall be constructed in accordance with the specifications approved and used by the city.

(C)

Sidewalks shall be constructed on the street right-of-way with the back of the sidewalk 6 inches from the property line, unless otherwise directed by the City Engineer.

(D)

Sidewalks shall have a minimum width of 4 feet and a thickness of 4 inches.

(Ord. 3355, passed 11-6-2012)

The subdivision shall be provided with street signs of a type approved by and erected at locations and in the manner prescribed by the city.

(Ord. 3355, passed 11-6-2012)

(A)

An adequate system of storm water drainage facilities designed for the ten-year frequency storm event shall be installed, consisting of pipes, manholes, inlets, catch basins or other necessary facilities that will adequately drain the subdivision and protect roadway pavements and will minimize the accumulation of storm water at any place under normal conditions.

(B)

Storm water drainage for events larger than the ten-year frequency event shall be conveyed through storm sewers or over land to outlets from the subdivision. Residences and buildings shall be protected from flooding by the 100-year rainfall event. Drainage easements for overland flow routes shall be dedicated to the city where required by the City Engineer. The property on which the drainage easements are located shall be maintained by the Homeowners Association and/or the property owners on which the easements are located. City reserves the right to enter such drainage easements in response to drainage obstructions. Such provisions shall be stated in the restrictive covenants of the subdivision.

(C)

Backyard swales may be permitted, subject to the following regulations.

(1)

No continuous swale shall have a length exceeding 600 feet without provisions for storm water collection and discharge to a suitable outlet.

(2)

Minimum grade of the flowline shall be 0.5% for vegetated swales and 0.3% for concrete swales.

(D)

Storm water drainage by a system of ditches and culverts shall be permitted by the city upon demonstration by engineer for subdivision that the storm water discharge outlets at the perimeter of the subdivision will not allow sufficient cover for a storm water sewer system. Culverts across local streets, driveways, sidewalks, and other infrastructure shall have capacity equal to or exceeding the ten-year frequency storm event. Collector and arterial roadways may warrant protection from larger storm events, at the discretion of the City Engineer.

(E)

Storm water discharge from the subdivision shall be at a rate equal to or less than the peak rate of discharge from the subdivision under predevelopment conditions for the ten-year and 100-year frequency storm events. Storm water retention volume shall be provided if required.

(F)

Filling in or reducing the volume of water storage of a flood-plain below the high water elevation for a 100-year storm in any manner shall not be allowed unless detailed hydraulic calculations are certified by the engineer for the subdivision, and submitted to and approved by the city to the effect that proposed changes in the flood plain will not increase the flood profile in accordance with the policy of the Illinois Department of Natural Resources. Owner shall provide city a copy of any waterways construction permits issued by Illinois Department of Natural Resources if state regulations require such a permit.

(G)

Existing storm drainage and subsurface drainage tiles entering the subdivision from adjacent property shall be maintained with adequate outlet and connect to the proposed storm drainage system in the subdivision.

(H)

Drainage calculations and storm water facility design shall be submitted to the City Engineer for review and approval.

(I)

Maintenance of storm water detention pond(s) shall be the responsibility of the homeowners association or property owners association of the subdivision.

(J)

Storm water discharges during construction shall be in conformance with NPDES stormwater regulations and other federal, state or local requirements. Erosion control measures shall be planned and implemented in the construction of the subdivision improvements.

(Ord. 3355, passed 11-6-2012)

(A)

A complete system of sanitary sewers shall be constructed throughout the entire subdivision in such a manner as to serve every lot.

(B)

If no city sewer main is available to the subdivision within a reasonable distance, as determined by the city, application for the use of a private sewage disposal system may be made to the Mayor and City Council. Upon an affirmative vote of the majority of the City Council, a private sewage disposal system may be used, provided, however, that they shall conform with the following conditions.

(1)

The private sewage disposal system shall comply with the provisions of the Montgomery County "Private Sewage Disposal System Ordinance and the State of Illinois, Department of Health "Private Sewage Disposal Licensing Act and Code" and the requirements herein.

(2)

Private sewage disposal systems shall not be permitted on any lot less than 20,000 square feet in area nor less than 100 feet in width or length. Additional lot size may be required by the Health Authority of Montgomery County under certain conditions in the county ordinance.

(3)

A soil evaluation shall be made for each acre of ground to be subdivided and shall show the area to be suitable for private sewage disposal system. A written report of such tests made by a registered professional engineer shall be submitted with the final plat or with the plans for public improvements, whichever is submitted first to the Planning Commission.

(4)

Written concurrence by the Montgomery County Health Department that the soil conditions are suitable for a private sewage disposal system shall be provided to the Planning Commission.

(5)

If, after private sewage disposal systems have been in use in any subdivision, a public sanitary sewer main is installed capable of serving the subdivision and the lots therein, it shall thereafter be unlawful to utilize private sewage disposal systems for the disposal of sewage. All properties with private sewage disposal systems shall discontinue their use and make connection to the sanitary sewer for disposal of sewage.

(C)

The city may make its public sewer system available to all real estate now or hereafter located in the city according to the following rules:

(1)

Where a sanitary sewer system is provided, 4 inch diameter or larger service sewers shall be provided to each lot as part of the public improvements, extended to a minimum distance the street right-of-way line.

(2)

The property owner shall pay reasonable tap-on or connection charges, the same being determined by ordinance duly adopted by the Mayor and the City Council of the city from time to time.

(3)

The property owner shall provide a sewer connection between each building and the main.

(4)

Subdividers and developers shall be exempt from all tap-on, connection, and permit fees, except those provided for in the last paragraph below, provided:

(a)

They shall construct and donate to the city all extension mains including transmission mains necessary by such extensions of the sewage collection systems including interceptor sewers, and lift stations, if any; and

(b)

That the same be constructed in accordance with the Code of Ordinances, City of Litchfield, relative thereto, and in a manner satisfactory to the City Engineer.

(5)

Calculations for sanitary sewage load and hydraulics shall be submitted for review and approval by City Engineer. The city shall in all instances, make the final determination of the appropriate sizing of sanitary sewers and the required capacity of proposed sewer facilities necessary to serve the proposed subdivision. Minimum diameter of public sanitary sewer is 8 inches.

(6)

If the city desires to increase the size, depth or capacity of any portion or all of the sanitary sewer, or increase the capacity of a sewage pumping station and forcemain, proposed by the subdivider or developer in order to provide service to area not located within or beyond the limits of the subdivision, the cost thereof in excess of the cost of the subdivider's or developer's proposed installation shall be refunded by the city to the subdivider or developer on the following basis:

(a)

Prior to construction the subdivider or developer and the city shall agree upon the location and acreage of the land which the excess capacity is designed to serve, and shall agree on the total excess cost in dollars.

(b)

The city shall pay to the developer or subdivider the incremental cost of increasing the sanitary sewage facilities from the size, depth and capacity required only for the proposed subdivision to the size, depth and capacity required to serve the additional acreage which the excess capacity is designed to serve. The incremental cost may be based on current estimating prices or may be based on actual bid amounts from multiple bidding contractors for the work. City will recover its share of the additional costs when the lands included in the adjacent acreage are developed.

(D)

Sanitary sewer construction shall meet the following requirements.

(1)

Sanitary sewers shall be constructed in accordance with the current edition of the Standard Specifications for Water and Sewer Main Construction in Illinois, requirements of the Illinois Environmental Protection Agency and the city sewer ordinance.

(2)

Sanitary sewer shall be PVC pipe SDR 35 or thicker wall meeting ASTM Standard D3034. Sewer shall be installed in accordance with the Standard Specifications for Water and Sewer Main in Illinois.

(3)

Sewer services shall be connected with a tee. Saddles or cut-in holes are not permitted.

(4)

Sanitary sewers and sanitary sewer services shall have 12-gauge copper tracing wire at same depth as the sewer pipe. Detectable tape with "sewer" imprinted shall be buried at mid-depth of soil above the sewer.

(5)

Manholes shall be precast concrete in accordance with ASTM C479. Seal the annular space around pipe with A-Lok seal, or equivalent resilient approved by City Engineer. Manholes shall have concrete formed semi-cylindrical channel flowline. Access castings shall be Neenah, East Jordan or equal. In pavement, casting shall be Neenah R1017 or R1712, or equal. Outside of pavement, casting shall be Neenah R1077A or R1772A or equal.

(6)

Sanitary sewer shall be successfully tested for deflection and leakage (exfiltration of air or water) in accordance with the Standard Specifications for Water and Sewer Main Construction in Illinois. Testing shall be performed by developer and witnessed by City Engineer. Developer shall provide written record of test results to City Engineer.

(7)

Record drawing of sanitary sewer shall include the following:

(a)

Invert elevation at each manhole;

(b)

Distance between manholes; and

(c)

Three ties to each manhole.

(Ord. 3355, passed 11-6-2012)

(A)

When located within the service area of a public water supply system, ductile iron or PVC water mains not less than 6 inches in diameter shall be constructed throughout the entire subdivision in such manner as to serve adequately all lots and tracts with connection to such public system, together with shut-off valves and fire hydrants.

(B)

The city shall in all instances make the final determination of the appropriate sizing of public water mains and the required capacity of proposed water mains necessary to serve the proposed subdivision.

(C)

Water main construction shall meet the following requirements.

(1)

Ductile iron pipe shall be cement lined Pressure Class 250 or higher meeting AWWA Standard C151. Ductile iron pipe and fittings shall be wrapped in polyethylene wrap per AWWA Standard C105 (Method B) unless soil corrosively tests demonstrate the wrap is not required per the Ductile Iron Pipe Research Association (DIPRA) criteria. Fittings shall be ductile iron, mechanical joint, cement lined, asphalt coating interior and exterior per AWWA Standard C153 or C110 PVC pipe shall be DR 18 or thicker wall and meet AWWA Standard C900.

(2)

Fire hydrants shall be installed throughout the entire water system at each street intersection and at intervals not exceeding 400 feet. All fire hydrants shall be of the type and meet the requirements of the city's Water Department and Fire Department. Fire hydrants shall be Mueller Centurion with pumper nozzle and 2 standard nozzles and 6 inch inlet. Hydrants shall be painted red.

(3)

Water main fittings shall be restrained with thrust blocks or with restrained pipe fittings adjacent to the fitting. Restrained joints shall be designed in accordance with AWWA standards. Precast concrete blocks shall be permitted for mains 6 inches in diameter. Thrust blocks for mains larger than 6 inches shall be poured concrete.

(4)

Water main valves shall be gate valves meeting AWWA Standard C509 for mains 12 inch or less in diameter.

(5)

Water mains shall be buried with a minimum of 4 feet of cover. Water main shall have 12-gauge copper tracing wire at same depth as main. Detectable tape with "Water Main" imprinted shall be buried at mid-depth of soil above water main.

(6)

Water main shall be pressure and leakage tested in accordance with the Standard Specifications for Water and Sewer Mains in Illinois. Test pressure shall be 100 psi and test shall be witnessed by a representative of the city. Water main shall be flushed prior to disinfection. Water main shall be disinfected and bacteriologically tested in accordance with AWWA Standard C600 and C651. City of Litchfield Water Treatment Plant Superintendent, or his or her designee, shall sample and transport water from the main to the bacteriological lab. City will accept main only after 2 consecutive water samples, at least 24 hours apart, meet the criteria of the State of Illinois regulations.

(7)

Subdivision developer shall furnish written record of pressure, leakage and disinfection procedures and results to the City Engineer.

(D)

Water service connections shall meet the following requirements.

(1)

Water services shall be constructed to connect with the utility service mains constructed within any street to serve each adjoining lot, tract, or building site; such house services shall extend from the main to a point at least to the right-of-way lines of the street, and the right-of-way lines of proposed alley.

(2)

All such water-services connected with utility mains constructed within any street or thoroughfare, shall be located at the approximate center line of each lot, and no deviation shall be made from this requirement except upon prior approval by the City Engineer. Water services shall be minimum 3/4 inch diameter copper, installed in accordance with Std. Dwg. No. 17, of the Standard Specifications for Water and Sewer Main Construction in Illinois.

(3)

Water services for buildings may be constructed with the public improvements or may be constructed when the buildings are constructed. Water services installed after the street pavement is constructed shall be installed by boring under the pavement. Open cut trenches shall not be allowed.

(4)

For water services constructed when the buildings are constructed, property owner shall obtain permits as required by city ordinance.

(5)

A curb stop (shutoff valve) shall be installed on each water service at the property line abutting the right-of-way or water main easement.

(E)

Upon completion of the construction of all such water service connections with water mains, record drawings shall show the exact location of all such mains, together with fittings, valves and other similar facilities being a part thereof, by distances in feet from street lines, and of all such water service connections in distances in feet from the side lot lines. Record drawings shall be approved by the City Engineer, and 2 sets of record drawings shall be filed with the city for the City Engineer and the Office of the Street Superintendent.

(Ord. 3355, passed 11-6-2012)

Permanent monuments shall be placed at all boundary and lot corners, at each end of all curves, at points where a curve changes its radius, at all angle points in any line and at all angle points along a meander line, the points to be not less than 20 feet back from the normal water elevation of a lake or from the bank of a stream, except that when such corner or points fall within a street, or proposed future street, the monuments must be placed in the right-of-way line of the street. Two of these permanent monuments shall be stone or reinforced concrete having a minimum size of 4 inches by 4 inches (or 6 inch diameter) by 34 inches long and placed at the extremities of the subdivision. All other permanent monuments shall be either reinforcing rod or galvanized pipe having a minimum diameter of 1/2 inch and a minimum length of 30 inches.

(Ord. 3355, passed 11-6-2012)

Street lighting shall be provided by the developer along public streets adjacent to lots or property being developed. Approval of the street lighting plans and specifications by the City Engineer will be required prior to installation. The cost for street lighting will be included in the surety bond, certified check or irrevocable letter of credit referred to in § 154.052(D)(12)(b). Street lighting shall be installed in accordance with current minimum standards as set forth by the American Society of Illuminating Engineers.

(Ord. 3355, passed 11-6-2012)

If required under the discretion of the Planning Commission, all public utility lines for telephone and electric services shall be placed underground entirely throughout a subdivided area; the conduits or cables shall be placed in dedicated public ways or easements when necessary in a manner which will not conflict with other underground services. Further, all transformer boxes shall be located so as not to be unsightly or hazardous to the public.

(Ord. 3355, passed 11-6-2012)

(A)

Any subdivider desiring a variance from the requirements of this chapter shall file a written application therefor with the Planning Commission at the same time that he or she files his or her preliminary plan. The application shall set forth and fully explain the grounds for the variance request, and specify the section(s) of this chapter which, if strictly applied, would cause great practical difficulties or hardship. Cost for application of variance is $250.

(B)

The Planning Commission shall review the variance application and submit their advisory report to the City Council together with the recommendation on preliminary plan approval. The Planning Commission's advisory report shall be responsive to all the variance standards set forth in division (C) of this section.

(C)

(1)

At the next regular meeting of the City Council following issuance of the Planning Commission's advisory report on the variance application, the City Council shall decide by resolution whether to grant or to deny the requested subdivision variance. A copy of their decision, clearly stating their reasons therefor and the exact terms of any variance granted, shall be attached to both the preliminary plan and the final plat. No final plat containing any previously disapproved variance shall be submitted to the City Council for approval by the Planning Commission under this chapter.

(2)

The City Council shall not grant any subdivision variance unless, based upon the information presented to them, they determine that:

(a)

The proposed variance is consistent with the general purposes of this chapter;

(b)

Strict application of the subdivision requirements would result in great practical difficulties or hardship to the applicant, not a mere inconvenience;

(c)

The proposed variance is the minimum deviation from the subdivision requirements that will alleviate the difficulty or hardship;

(d)

The plight of the applicant is due to peculiar circumstances not of his or her own making;

(e)

The peculiar circumstances engendering the variance request are not applicable to other tracts and, therefore, that a variance would be a more appropriate remedy than an ordinance amendment; and

(f)

The variance, if granted, will not materially frustrate implementation of the city's Comprehensive Plan including the official map.

(Ord. 3355, passed 11-6-2012)

(A)

Amendments to this chapter may be proposed by the Building Inspector, any member of the City Council, any Planning Commission member, or any party in interest, by proposing same to the Planning Commission. Fee shall be made payable to the city in the amount of $250.

(B)

The Planning Commission shall hold a public hearing on every amendment proposal within a reasonable time after the proposal is submitted to them. At the hearing any interested person may appear and testify either in person or by duly authorized agent or attorney. Notice updating the time, date and place of the hearing and the nature of the proposed amendment shall be given not more than 30 nor less than 15 days before the hearing by publication in a newspaper having a general circulation within the city.

(C)

Within a reasonable time after the public hearing, the Planning Commission shall submit an advisory report to the City Council. The City Council shall act on the proposed amendment at their next regularly scheduled meeting following submission of the report. Without another public hearing, the City Council may either pass or reject the proposed amendment or may refer it back to the Planning Commission for further consideration.

(Ord. 3355, passed 11-6-2012)

The provisions of this chapter shall be administered by the Planning Commission acting in lieu of the City Council except as specifically provided in this chapter. The Plat Office in conjunction with the City Engineer is hereby designated and authorized to enforce the provisions of this chapter under the direction of the Planning Commission.

(Ord. 3355, passed 11-6-2012)

In order to cover the costs of examining plans and other expenses incidental to the approval of a subdivision, the subdivider shall pay the following fees:

(A)

One hundred fifty dollars ($150) for review and approval of minor subdivision.

(B)

One hundred fifty dollars ($150), plus $25 per lot, for review and approval of preliminary plan.

(C)

Fifty dollars ($50), plus $25 per lot for review and approval of public improvement plans.

(D)

Two hundred fifty dollars ($250), for review and approval of final plat.

(E)

Two percent (2%) of estimated cost of improvements for inspection of improvements.

(F)

Two hundred dollars ($200) for inspection of large scale development.

(G)

Two hundred fifty dollars ($250) for application for variance.

(H)

Two hundred fifty dollars ($250) for application for amendment to the text of the subdivision ordinance.

(Ord. 3355, passed 11-6-2012)

No building permit shall be issued providing for the improvement of any lot in a subdivision until the final plat of subdivision and the plans and specifications for the public improvements have been approved by the City Council.

(Ord. 3355, passed 11-6-2012)

Occupancy of any structure within any subdivision approved for platting or replatting will not be allowed until required utility facilities have been installed and made ready to serve the property, and that roadways providing access to the subject lot or lots have been constructed.

(Ord. 3355, passed 11-6-2012)

(A)

All land included in a major subdivision, contiguous to the corporate boundary of the city, shall be annexed to the city prior to approval of the final plat by the City Council, unless otherwise directed by the City Council.

(B)

Land being transferred by subdivision, classified as a minor subdivision, contiguous to the corporate boundary of the city, shall be annexed to the city within 60 days after approval is granted for acceptance as a minor subdivision, unless otherwise directed by the City Council.

(Ord. 3355, passed 11-6-2012)

The City Clerk shall also maintain a file of all approved plats and supporting material.

(Ord. 3355, passed 11-6-2012)

(A)

Vacation or partial vacation of easements, rights-of-way and final plats that were platted through the city's Land Subdivision Ordinance shall be vacated through the subdivision process and shall follow the same process as final plats in §§ 154.035 through 154.038 and §§ 154.050 through 154.053.

(Ord. 3355, passed 11-6-2012)

All persons, firms or corporations violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction, thereof shall be fined in an amount of not less than $50, nor more than $500. Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. 3355, passed 11-6-2012)