(a)

Classification of subdivisions. Before any land is subdivided the owner of the property proposed to be subdivided, or his authorized agent, shall apply for and secure approval of the proposed subdivision in accordance with the following procedures, which include two principal steps for a minor subdivision, and two principal steps for a major subdivision.

(1)

Minor subdivision.

(a)

Approval by development administrator.

(b)

Final plat.

(2)

Major subdivision.

(a)

Preliminary plat approval.

(b)

Final plat.

(b)

Subdivision process. All preliminary plats for major subdivisions shall be submitted to the planning commission for review and recommendation, then shall be reviewed by the city council. The planning commission's review shall conclude with a recommendation for approval, recommendation for approval with conditions, or recommendation for disapproval.

(c)

Official submission dates. For the purposes of these regulations, for major subdivisions, the date of the application or the filing by the applicant of the last item of required supporting data, whichever is later, unless such time is extended by mutual consent of the applicant and planning commission, shall constitute the official submission date of the plat on which the statutory period required for formal approval, conditional approval or disapproval of the preliminary or final plat shall commence to run.

(d)

Coordination of flexible zoning application with subdivision approval.

(1)

[Intent.] It is the intent of these regulations that subdivision review be carried out simultaneously with the review of flexible zoning applications under other provisions of this Code. The plans required for flexible zoning applications shall be submitted in a form to satisfy the requirements of these regulations.

(2)

General requirement. Whenever the Code authorizes flexible zoning applications which permit density of buildings and structures different from those which are allowed as of right within the zoning district in which the land is situated, and the application entails the division of land into two or more lots, subdivision approval shall be required in addition to all other procedures and approvals required in this Code. Flexible zoning applications shall include, but not be limited to, all conditional uses and planned development procedures, and shall apply to all such applications, whether before the city council, board of zoning appeals, planning commission or an administrative officer.

(3)

Procedure to be followed.

(a)

Preliminary plat approval required. Whenever a flexible zoning application is submitted which involves a subdivision of land as set forth in subsection 34-12-1(d)(2) of these regulations, the application shall be submitted first to the official authorized to accept the application under the provisions of this Code. The application shall be made on the forms required for a plat and shall include all information required of a preliminary plat application. The development administrator shall then refer the application to the planning commission for preliminary plat approval. The planning commission shall also, when applicable under the provisions of this Code, make such reviews of use, density, and bulk standards as are required under the flexible zoning regulations.

(b)

Referral back for zoning approval. After completing its review, the planning commission shall refer the preliminary plat with its decision of approval, conditional approval or disapproval, together with such recommendations and reviews of use, density, and bulk standards as it was required to make under the flexible zoning regulations of this Code, to the city council. Application shall then be made to the planning commission for final plat approval. No building permits or certificates of occupancy shall be issued for the project until the zoning application has been finally approved and the final plat is recorded with the St. Clair County Recorder of Deeds.

(4)

Resubdivisions of flexible zoning developments.

(a)

A flexible zoning development or land use plan may be subdivided or resubdivided for purposes of sale or lease after the project plan has been finally approved and development completed or partially completed.

(b)

If the subdivision or resubdivision of a flexible zoning development will create a new lot line, the applicant shall make application to the planning commission for review of the subdivision or resubdivision. The planning commission shall recommend approval of the subdivision to the city council only if an amended zoning application also is approved for the flexible development plan, by the appropriate body or official as indicated in this Code, for all provisions governing use, density, and bulk standards.

(Sec. 12.1.1)

If a preliminary plat constitute a minor subdivision, the development administrator shall review the plat, approve it, conditionally approve it or disapprove it within 30 days from the date of submission of a complete application and plat. Subsequent to an approval or conditional approval by the development administrator, the applicant may proceed directly to the filing of an application for approval of a final plat as provided in these regulations. If the preliminary plat of a minor subdivision is disapproved by the development administrator, the applicant may appeal to the city council as provided in subsection 34-12-3(e). The applicant shall have one year from the date that the preliminary plat is approved by the development administrator (or city council upon appeal) to submit a final plat, after which time a new preliminary plat must be submitted for approval.

(Sec. 12.1.2)

(a)

Application procedure and requirements. The applicant shall file in duplicate with the development administrator an application for approval of a preliminary plat. The application shall:

(1)

Be made on forms available at the office of the development administrator together with a fee as established by the city council.

(2)

Include all land which the applicant proposes to subdivide and all land immediately adjacent extending 100 feet from the subject property, or of that directly opposite the subject property, extending 100 feet from the street frontage of opposite land, with the names of owners as shown in the assessor's files. This information may be shown on a separate current tax map reproduction from the assessor's office showing the subdivision superimposed on the tax map.

(3)

Be accompanied by a minimum of 11 copies of the preliminary plat as described in these regulations.

(4)

Be presented to the development administrator at least four weeks prior to a regular meeting of the planning commission.

(b)

Preliminary plat information required. Every preliminary plat shall be prepared by a land surveyor registered in Illinois at any scale necessary for clarity. The scale of a preliminary plat shall not be less than one inch equals 50 feet. Said preliminary plat, together with the supporting data, shall provide all of the following information.

(1)

Names and addresses of the owner, subdivider (if not the owner), and registered land surveyor.

(2)

Proposed name of the subdivision.

(3)

Zoning district classification of the tract to be subdivided and all property within 100 feet of the tract to be subdivided.

(4)

North arrow, graphic scale, and date of map.

(5)

Dimensions of the tract, and its gross land area.

(6)

Topography of the tract to be subdivided as indicated by two-foot contour data for land having slopes of zero to four percent; five-foot contour data for land having slopes of four to 12 percent; and ten-foot contour data for land having slopes of 12 percent or greater.

(7)

Locations of such features as bodies of water, ponding areas, natural drainage ways, railroads, cemeteries, bridges, parks, schools, etc.

(8)

Locations and right-of-way widths of all existing and proposed streets and alleys.

(9)

Locations, widths, and purposes of all existing and proposed easements.

(10)

List of all proposed deed restrictions and covenants.

(11)

Location and size of existing and proposed wastewater and storm sewers.

(12)

Locations, types, and approximate sizes of all other existing and proposed utilities.

(13)

Locations, dimensions, and areas of all parcels to be reserved or dedicated for school parks/playgrounds, common ground, and other public purposes.

(14)

Locations, dimensions, and area of all proposed or existing lots within the subdivision.

(15)

Locations, dimensions, and areas of all parcels to be reserved or used for green space.

(16)

Preparation date of preliminary plat.

(17)

Revision dates.

(18)

Site location map.

(c)

Preliminary plat review. After the planning commission has reviewed the preliminary plat, the report of the development administrator, any staff recommendations and testimony, and exhibits submitted at the public meeting, the applicant shall be advised of any required changes and/or additions. The planning commission shall approve, conditionally approve, or disapprove the preliminary plat within 90 days from the official submission date. One copy of the proposed preliminary plat shall be returned to the developer with the date of approval, conditional approval, or disapproval and the reasons therefore accompanying the plat. If the planning commission disapproves the proposed subdivision, the applicant may execute an appeal to the city council in the manner prescribed in subsection 34-12-3(e).

(d)

Standards for approval of preliminary plats. No preliminary plat of a proposed subdivision shall be approved by the planning commission and city council unless the applicant proves by clear and convincing evidence that:

(1)

The proposed preliminary plat meets all of the requirements of this Code, all other applicable city ordinances, and all applicable state and federal laws and statutes.

(2)

Definite provision has been made for a water supply system that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed.

(3)

Adequate provision has been made for a public sewage system.

(4)

All areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions.

(5)

The subdivider has the financial ability to complete the proposed subdivision in accordance with all applicable federal, state, and local laws and regulations.

(6)

The proposed subdivision will not result in the scattered subdivision of land that leaves undeveloped parcels of land lacking infrastructure between developed parcels.

(7)

The subdivider has taken every effort to mitigate the impact of the proposed subdivision on public health, safety, and welfare.

(8)

The planning commission is authorized to disapprove the preliminary plat even through the land proposed for subdivision is zoned for the use to which the proposed subdivision will be put and the proposed use is consistent with the Comprehensive Plan if the commission makes a finding that one or more or the items enumerated in paragraphs (1) through (7) above, has not been met.

(e)

Preliminary plat approval. Every preliminary plat must be approved by the city council prior to submittal of a final plat. Any minor subdivision preliminary plat that is denied by the development administrator or any major subdivision preliminary plat that is denied by the planning commission may be appealed to the city council. Within 30 days of the meeting of the city council at which the preliminary plat is first considered, the city council shall approve the preliminary plat, approve the preliminary plat with conditions, or deny the preliminary plat. If the preliminary plat is denied, the city council shall provide reasons for such denial.

(f)

Public improvements. The applicant shall execute a subdivision improvement agreement and provide financial security for the agreement as provided in division 2 prior to final plat approval. The city council shall require the applicant to indicate on the plat all roads and public improvements to be dedicated, all water and utility improvements which shall be required to be established or extended, and any other special requirements deemed necessary by the city council in order for the subdivision plat to conform to the city's Comprehensive Plan and official map.

(g)

Effective period of preliminary plat approval. The approval of a preliminary plat shall be effective for a period of one year from the date that the preliminary plat is approved by the city council at the end of which time the applicant must have submitted a final plat for approval. If a subdivision plat is not submitted for final approval within the one-year period, the preliminary approval shall be null and void, and the applicant shall be required to submit a new preliminary plat for review subject to the then existing zoning restrictions and subdivision regulations.

(h)

Conformance to zoning and subdivision regulations. Every preliminary plat shall conform to existing zoning regulations and subdivision regulations applicable at the time that the proposed preliminary plat is submitted for review by the planning commission unless the planning commission or city council has taken official action toward amending the applicable zoning and subdivision regulations which such amendment shall prevail.

(Sec. 12.1.3)

At any time after preliminary plat approval and before submission of a final plat, the applicant may request of the development administrator that an amendment be made in the approval or conditional approval of the preliminary plat. Under regulations established by the city council, the development administrator may agree to proposed amendments that are deemed to be minor. If the proposed amendment is major, the planning commission and city council shall consider the proposed major amendment in accordance with the same requirements for preliminary plat approval found in section 34-12-3. Any public meeting on a proposed major amendment shall be limited to whether the proposed major amendment should or should not be approved. The city council shall approve or disapprove any proposed major amendment and may make any modifications in the terms and conditions of preliminary plat approval reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed major amendment under the terms and conditions required by the city council, the applicant may withdraw the proposed major amendment. A major amendment shall include, but is not limited to, any amendment that results in or has the effect of decreasing open space in the subdivision by ten percent or more or increasing the number of lots in the subdivision. The city council shall render a decision on the proposed major amendment within thirty (30) days after the meeting at which the request was heard by the city council, including any adjourned session unless such issue is continued by mutual agreement of the applicant and city council.

(Sec. 12.1.4)

(a)

Application procedure and requirements. Following the approval of the preliminary plat, the applicant, if he wishes to proceed with the subdivision, shall file with the development administrator an application for final approval of a subdivision plat. The application shall:

(1)

Be made on forms available at the office of the development administrator, together with a fee as set by the city council.

(2)

Include the entire subdivision, or section thereof, which derives access from an existing city, county or state road.

(3)

Be accompanied by a minimum of 11 copies of the subdivision plat and the construction plans, as described in these regulations.

(4)

Comply in all respects with the preliminary plat, as approved, whichever is applicable, depending upon the classification of the subdivision.

(5)

Be presented to the development administrator at least four weeks prior to a regular meeting of the planning commission at which final plat approval will be considered.

(6)

Be accompanied by all formal irrevocable offers of dedication to the public of all streets, city uses, utilities, parks and easements, in a form approved by the city attorney; and the subdivision plat shall be marked with a notation indicating the formal officers of dedication as follows:

The owner, or his representative, hereby irrevocably offers for dedication to the city all the streets, city uses, easements, parks, and required utilities shown on the subdivision plat and construction plans in accordance with an irrevocable offer of dedication dated ________, and recorded in the office of the St. Clair County Recorder of Deeds.

By       (owner or representative)     

Date ________

The applicant shall deliver a full covenant and warranty deed to all dedicated lands and improvements in proper form for recording, together with a title policy for the city in the sum of not less than $10,000.00, which sum shall be determined by the city attorney before signing of the final plat.

(7)

Be accompanied by the subdivision improvement agreement and financial security, if required, in a form satisfactory to the city attorney and in an amount established by the development administrator or his designee and shall include a provision that the subdivider shall comply with all other terms of the resolution of final plat approval as determined by the city council and shall include, but not be limited to, the performance of all required subdivision and off-site improvements, and that all improvements and land included in the irrevocable offer of dedication shall be dedicated to the city free and clear of all liens and encumbrances on the premises.

(8)

Be accompanied by an inspection fee in an amount to be determined on the basis of the provisions of these regulations and by written assurance from the public utility companies and improvement districts that necessary utilities will be installed. The applicant shall also pay a fee as established by the city council for each street sign shown in the construction plans, which street signs shall be installed by the city.

(b)

Final plat information required. Every final plat shall be prepared by an Illinois registered land surveyor on polyester-base film with waterproof black ink at a scale not greater than 100 feet equals one inch, provided that the resultant drawing shall not exceed 36 inches square. The final plat and supporting data shall portray/provide all of the following information:

(1)

North arrow, graphic scale, and date.

(2)

Name of subdivider.

(3)

Accurate metes and bounds or other adequate legal description of the tract.

(4)

Accurate boundary lines, with dimensions and bearings or angles which provide a survey of the tract, closing with an error of closure of not more than one foot in 10,000 feet.

(5)

Reference to recorded plats adjoining platted land by record name, plat book, and page number.

(6)

Accurate locations of all existing streets intersecting the boundaries of the subdivision.

(7)

Right-of-way lines of all streets, other rights-of-way, easements, and lot lines with accurate dimensions, angles, or bearings and curve data, including radii, arcs or chords, points of tangency, and central angles.

(8)

Name and right-of-way width of every proposed street.

(9)

Purpose of any existing or proposed easement.

(10)

Number of each lot, lot dimensions, and (in a separate list) lot areas.

(11)

Purpose(s) for which sites, other than private lots, are reserved.

(12)

Building or setback lines with accurate dimensions.

(13)

Restrictions of all types which will run with the land and become covenants in the deeds of lots and common grounds, and subject to approval by the city council and city attorney.

(14)

Preparation date.

(15)

Revision dates.

(c)

Public meeting and determination. After the public meeting, the planning commission shall, within 30 days from the official submission date for the final plat, recommend approval or disapprove the subdivision application by resolution which shall set forth in detail any reasons for disapproval. One copy of the final plat shall be returned to the applicant with the date of the recommendation for approval or disapproval noted on the plat, and, if the plat is disapproved, the reasons for disapproval accompanying the plat.

(d)

City council review. All final plats must be approved by the city council prior to recording. In reviewing a final plat, the city council shall consider the recommendation or disapproval by the planning commission. The city council shall review the final plat and approve or disapprove it. If the city council approves the final plat, they may attach conditions to such approval necessary to ensure compliance with all city ordinances and administrative procedures. If the city council disapproves a final plat, they shall provide written findings for such disapproval including areas where the proposed final plat does not conform to the city's Comprehensive Plan, provisions of this Code, other applicable city ordinances, or other specific written administrative rules or specifications.

(e)

Submission and review. Subsequent to the approval of the city council, three paper copies of the construction plans, and one copy of the original subdivision plat on reproducible mylar, two copies of the subdivision plat on sepia paper and two copies of the subdivision plat on paper shall be submitted to the development administrator for final review. No final approval shall be endorsed on the plat until a review has indicated that all requirements of the resolution have been met.

(Sec. 12.1.5)

(a)

Effect of approval. Except as otherwise provided in this section, no vested rights shall accrue to the owner or developer of any subdivision by reason of preliminary or final plat approval until the actual signing of the final plat by the mayor.

(b)

Effect of recording. Except as otherwise provided in this section, no vested rights shall accrue to the owner or developer of any subdivision by virtue of the recording of a final plat.

(c)

Applicable laws. To obtain final plat approval, the applicant shall be in compliance with all state and federal laws applicable at the time that the final plat is considered for approval by the city council. The applicant also shall be in compliance with all local laws and regulations applicable at the time that the preliminary plat was submitted to the planning commission in accordance with subsection 34-12-3(h) (or, if a minor subdivision, at the time the preliminary plat was submitted to the development administrator), except that the applicant shall comply with those local laws and regulations in effect at the time that the final plat is considered for approval by the commission if the city council makes a determination on the record that compliance with any of those local laws and regulations is reasonably necessary to protect public health and safety.

(d)

Development agreements. The city council may, but under no circumstances is it required to, enter into a development agreement:

(1)

General. The development agreement shall constitute a binding contract between the subdivider of the proposed subdivision and the city (the "parties") and shall contain those terms and conditions agreed to by the parties and those required by subsection 34-12-6(d). The city attorney or designee is authorized to negotiate Development Agreements on behalf of the city.

(2)

Covenants. Any covenant by the city contained in the development agreement to refrain from rezoning or adopting any rule or regulation that would affect the proposed subdivision, shall be limited to a period of five years. The covenant shall also contain a proviso that the city may, without incurring any liability, engage in action that otherwise would constitute a breach of the covenant if it makes a determination on the record that the action is necessary to avoid a substantial risk of injury to public health, safety, and general welfare. The covenant shall contain the additional proviso that the city may, without incurring any liability, engage in action that otherwise would constitute a breach of the covenant if the action is required by federal or state law.

(3)

Third party rights. Except as otherwise expressly provided in the development agreement, the development agreement shall create no rights enforceable by any part who/which is not a party to the development agreement.

(4)

Limitation on liability. The development agreement shall contain a clause that any breach of the development agreement by the city shall give rise only to damages under state contract law and shall not give rise to any liability for violation of the fifty and fourteenth amendments of the U.S. Constitution or similar state constitutional provisions.

(5)

Developer's compliance. The development agreement shall include a clause that the government's duties under the agreement are expressly conditioned upon the subdivider's compliance with each and every term, condition, provision, and covenant of the agreement, all applicable federal, state and local laws and regulations, and its obligations under the subdivision improvements agreement.

(6)

Adoption. The development agreement shall be adopted by the city council pursuant to applicable state and local laws and shall be recorded with the St. Clair County Recorder of Deeds.

(7)

Incorporation as matter of law. All clauses, covenants, and provisos required by these regulations to be included in a development agreement shall be incorporated into the development agreement as a matter of law without respect to the intent of the parties.

(Sec. 12.1.6)

(a)

Signing of plat.

(1)

When a subdivision improvement agreement and financial security are required, the mayor shall endorse approval on the final plat after the agreement and financial security have been approved by the city council, and all the conditions of the resolution pertaining to the final plat have been satisfied.

(2)

The mayor shall endorse approval on the final plat after all conditions of the resolution have been satisfied and all improvements satisfactorily completed. There shall be written evidence that the required public facilities have been installed in a manner satisfactory to the city as shown by a certificate signed by the development administrator or his designee and city attorney stating that the necessary dedication of public lands and improvements has been accomplished.

(b)

Recording of plat.

(1)

The mayor will sign the reproducible mylar original of the final plat and two sepia prints of the final plat. The sepia prints will be returned to the applicant's engineer.

(2)

It shall be the responsibility of the applicant to file the final plat with the St. Clair County Recorder of Deeds within ten days of the date of signature. Simultaneously with the filing of the final plat, the city clerk shall record the agreement of dedication together with such legal documents as shall be deemed necessary to be recorded by the city attorney.

(3)

Examples of certificates to be filed with the final plat are included at the end of this section.

(c)

Sectionalizing major subdivision plats. Prior to granting final approval of a major subdivision plat, the city council may permit the plat to be divided into two or more sections and may impose such conditions upon the filing of the sections as it may deem necessary to assure the orderly development of the plat. The city council may require that the subdivision improvement agreement and financial security be in such amount as is commensurate with the section or sections of the plat to be filed and may defer the remaining amount of the financial security until the remaining sections of the plat are offered for filing. The developer may also file irrevocable offers to dedicate streets and public improvements in the sections offered to be filed and defer filing offers of dedication for the remaining sections until those sections, subject to any conditions imposed by the city council, shall be granted concurrently with final approval of the plat. If sectionalizing is approved, the entire approved subdivision plat including all sections shall be filed within 90 days after the date of final approval with the city clerk's office and such sections as have been authorized by the city council shall be filed with the St. Clair County Recorder of Deeds. Such sections must contain at least ten percent of the total number of lots contained in the approved plat. The approval of all remaining sections not filed with the St. Clair County Recorder of Deeds shall automatically expire unless such sections have been approved for filing by the city council, all fees paid, all instruments and offers of dedication submitted and subdivision improvement agreements, financial security and performance bonds, if any, approved and actually filed with the St. Clair County Recorder of Deeds within three years of the date of final subdivision approval of the subdivision plat.

(Sec. 12.1.7)

If the city suspends final plat approval for any subdivision plat under these regulations, it shall record a document with the St. Clair County Recorder of Deeds declaring that final approval for the subdivision is suspended and that the further sale, lease or development of property within the subdivision is prohibited except that this prohibition shall not apply to persons or parties who have acquired property from the subdivider unless the person or party acquiring property meets the definition of "common ownership" in section 34-2-3. If any court of competent jurisdiction invalidates final plat approval for any subdivision, the city shall record a document with the St. Clair County Recorder of Deeds declaring that the final plat for subdivision is no longer valid and that further subdivision activity is prohibited.

As required by State law (Illinois Compiled Statutes, Chapter 765, sections 205—230 et seq.), the following certificates shall be executed on the final plat:

OWNER'S CERTIFICATE

We, ___________, the Owners of   (description)  , have caused the said tract to be surveyed and subdivided/developed in the manner shown, and said subdivision/development is to be hereinafter known as _______. All rights-of-way and easements shown hereon are hereby dedicated to the use of the public forever including the release and waiver of the right of homestead under the Homestead Exemption laws of the State of Illinois.

Dated this _____ day of ________, 20___.

NOTARY PUBLIC'S CERTIFICATE

I, ___________, a Notary Public in and for the County aforesaid, do hereby certify that   (owners)   are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, and that they appeared before me this day in person and acknowledged that they signed and sealed the same as their free and voluntary act for the uses and purposes therein set forth, including the release of waiver of the right of homestead.

Given under my hand and Notarial Seal this ________ day of ________, 20___.

SURVEYOR'S CERTIFICATE

I, the undersigned Registered Illinois Land Surveyor, hereby certify that this plat is a correct representation of a survey made under my direct supervision at the request of the owners for the purpose of subdividing the tract into lots as shown. The land is within the corporate limits of the City of Mascoutah, Illinois. The land is not within one and one-half (1.5) miles of any incorporated city, town or village which has adopted a City plan and is exercising the special powers authorized by Division XII of Article XI of the Illinois Municipal Code, as not or hereafter amended, and not included in any other municipality.

(Seal)

COUNTY CLERK'S CERTIFICATE

I, ___________, County Clerk of St. Clair County, Illinois, do hereby certify that I find no unpaid or forfeited taxes against any of the real estate included within this plat.

CERTIFICATE OF CITY COUNCIL

I, ___________, Mayor of the City of Mascoutah, do hereby certify that the plat shown herein was duly presented to the city council and approved at a meeting of same held on  (date) .

FLOOD HAZARD CERTIFICATE

We, the undersigned, do hereby certify that no part of this plat to be recorded, is situated within five hundred (500) feet of any surface drain or watercourse serving a tributary area of six hundred forty (640) acres or more, or, if this plat is within five hundred (500) feet of any surface drain or watercourse, we hereby certify that this plat has been reviewed by the Illinois Department of Transportation Division of Water Resources and their report is on file with the County Recorder of Deeds.

By: _____

Owner(s)

By: _____

Illinois Land Surveyor

(Sec. 12.1.8)

(a)

Completion of improvements. Before the final plat is signed by the mayor, all applicants shall be required to enter into a subdivision improvement agreement with the city.

(b)

Improvement agreement and guarantee.

(1)

Agreement. The applicant shall enter into a subdivision improvement agreement by which the subdivider covenants to complete all required public improvements no later than two years following the date on which the mayor signs the final plat. The applicant shall covenant to maintain each required public improvement for a period of one year following the acceptance by the city council of the dedication of that completed public improvement and also shall warrant that all required public improvements will be free from defect for a period of two years following the acceptance by the city council of the dedication of the last completed public improvement. The subdivision improvement agreement shall contain such other terms and conditions agreed to by the applicant and the city council.

(2)

Covenants to run. The subdivision improvement agreement shall provide that the covenants contained in the agreement shall run with the land and bind all successors, heirs and assignees of the subdivider. The subdivision improvement agreement will be adopted, when necessary, by the city council, pursuant to applicable state and local laws and shall be recorded in the office of the St. Clair County Recorder of Deeds.

(3)

Financial security. The applicant shall provide a letter of credit or cash escrow as financial security for the promises contained in the subdivision improvement agreement. Either financial security shall be in an amount equal to 120 percent of the estimated cost of completion of the required public improvements, including lot improvements. The issuer of the letter of credit or the escrow agent, as applicable, shall be acceptable to the city treasurer.

(a)

Letter of credit. If the applicant posts a letter of credit as financial security for its promises contained in the subdivision improvement agreement, the credit shall:

(i)

Be irrevocable;

(ii)

Be for a term sufficient to cover the completion, maintenance and warranty periods in subsection 34-12-11(b)(1); and

(iii)

Require only that the government present the credit with a sight draft and an affidavit signed by the city attorney attesting to the city's right to draw funds under the credit.

(b)

Cash escrow. If the applicant posts a cash escrow as financial security for its promises contained in the subdivision improvement agreement, the escrow instructions shall provide:

(i)

That the subdivider will have no right to a return of any of the funds except as provided in subsection 34-12-12(b)(2); and

(ii)

That the escrow agent shall have legal duty to deliver the funds to the city whenever the city attorney presents an affidavit to the agent attesting to the city's right to receive funds whether or not the subdivider protests that right.

If and when the city accepts the offer of dedication for the last completed required public improvement, the city shall execute a waiver of its right to receive all but 25 percent of the funds represented by the letter of credit or cash escrow if the subdivider is not in breach of the subdivision improvement agreement. The residual funds shall be financial security for the subdivider's covenant to maintain the required public improvements and its warranty that the improvements are free from defect.

(c)

Temporary improvement. The applicant shall build and pay for all costs of temporary improvements required by the city council and shall maintain those temporary improvements for the period specified by the city council. Prior to construction of any temporary facility or improvement, the developer shall file with the city a separate subdivision improvement agreement and a letter of credit or cash escrow in an appropriate amount for temporary facilities, which agreement and credit or escrow shall ensure that the temporary facilities will be properly constructed, maintained, and removed.

(d)

Costs of improvements. All required improvements shall be made by the developer, at its expense, without reimbursement by the city.

(e)

Governmental units. Governmental units to which these contract and financial security provisions apply may file, in lieu of the contract and financial security, a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions of this section.

(f)

Failure to complete improvements. In those cases where a subdivision improvement agreement has been executed and financial security has been posted and required public improvements have not been installed within the terms of the agreement, the city may then:

(1)

Declare the agreement to be in default and require that all the improvements be installed regardless of the extent of the building development at the time the agreement is declared to be in default;

(2)

Suspend final plat approval until the improvements are completed and record a document to that effect for the purpose of public notice;

(3)

Obtain funds under the financial security and complete improvements itself or through a third party;

(4)

Assign its right to receive funds under the financial security to any third party, including a subsequent owner of the subdivision for which improvements were not constructed, in whole or in part, in exchange for that subsequent owner's promise to complete improvements in the subdivision; and

(5)

Exercise any other rights available under the law.

(g)

Acceptance of dedication offers. Acceptance of formal officers of dedication of streets, public areas, easements, and parks shall be by ordinance of the city council. The planning commission may require the plat to be endorsed with appropriate notes to this effect.

(Sec. 12.2.1)

(a)

General procedure and fees. The city shall provide for inspection of required improvements during construction and ensure their satisfactory completion. The applicant shall pay to the city an inspection fee based on the estimated cost of inspection, and where the improvements are completed prior to final plat approval, the subdivision plat shall not be signed by the mayor unless the inspection fee has been paid at the time of application. These fees shall be due and payable upon demand of the city and no building permits or certificates of occupancy shall be issued until all fees are paid. If the development administrator or his designee finds upon inspection that any one or more of the required improvements have not been constructed in accordance with the city's construction standards and specifications, the applicant shall be responsible for properly completing the improvements.

(b)

Release or reduction of financial security.

(1)

Certificate of satisfactory completion. The city council will not accept dedication of required improvements, nor release nor reduce the amount of any financial security posted by the subdivider until the development administrator or his designee has submitted a certificate stating that all required improvements have been satisfactorily completed and until:

(a)

The applicant's engineer or surveyor has certified to the development administrator or his designee, through submission of a detailed "as-built" survey plat of the subdivision, indicating location, dimensions, materials, and other information required by the development administrator or his designee, that the layout of the line and grade of all public improvement is in accordance with construction plans for the subdivision.

(b)

A title insurance policy has been furnished to and approved by the city attorney indicating that the improvements have been completed, are ready for dedication to the city, and are free and clear of any and all liens and encumbrances. Upon such approval and recommendation by the planning commission, development administrator or his designee, and city attorney, the city council shall thereafter accept the improvements for dedication in accordance with the established procedure.

(a)

Acceptance of escrow funds. Whenever, by reason of the season of the year, any lot improvements required by the subdivision regulations cannot be performed, the development administrator may issue a certificate of occupancy, provided there is no danger to health, safety or general welfare upon accepting a cash escrow deposit in an amount to be determined by the development administrator or his designee for the cost of the lot improvements. The subdivision improvement agreement and financial security covering the lot improvements shall remain in full force and effect.

(b)

Procedures on escrow fund. All required improvements for which escrow monies have been accepted by the development administrator at the time of issuance of a certificate of occupancy shall be installed by the subdivider within a period of nine months from the date of deposit and issuance of the certificate of occupancy. If the improvements have not been properly installed at the end of the time period, the development administrator shall give two weeks written notice to the developer requiring it to install the improvements, and if they are not then installed properly, the development administrator may request the city council to proceed to contract out the work for the installation of the necessary improvements in a sum not to exceed the amount of the escrow deposit. At the time of the issuance of the certificate of occupancy for which escrow monies are being deposited with the development administrator, the developer shall obtain and file with the development administrator prior to obtaining the certificate of occupancy a notarized statement from the purchaser or purchasers of the premises authorizing the development administrator to install the improvements at the end of the nine-month period if the improvements have not been duly installed by the subdivider.

(Sec. 12.2.3)

The developer shall be required to maintain all required public improvements on the individual subdivided lots, if required by the development administrator or his designee, until acceptance of the improvements by the city council. If there are any certificates of occupancy on a street not dedicated to the city, the city may on 12 hours notice plow the street or effect emergency repairs and charge those costs to the developer. Following the acceptance of the dedication of any public improvement by the city, the city may, in its sole discretion require the subdivider to maintain the improvement for a period of one year from the date of acceptance.

(Sec. 12.2.4)

(a)

The city council may defer or waive at the time of final approval, subject to appropriate conditions, the provision of any or all public improvements as, in its judgment, are not requisite in the interests of the public health, safety, and general welfare, or which are inappropriate because of the inadequacy or in existence of connecting facilities. Any determination to defer or waive the provision of any public improvement must be made on the record and the reasons for deferral or waiver also shall be expressly made on the record.

(b)

Whenever it is deemed necessary by the city council to defer the construction of any improvement required under these regulations because of incompatible grades, future planning, inadequate or nonexistent connecting facilities, or for other reasons, the subdivider shall pay his share of the costs of the future improvements to the city prior to signing of the final plat by the mayor, or the developer may execute a separate subdivision improvement agreement secured by a letter of credit guaranteeing completion of the deferred improvements upon demand of the city.

(Sec. 12.2.5)

(a)

When a subdivision improvement agreement and financial security have been required for a subdivision, no certificate of occupancy for any building in the subdivision shall be issued prior to the completion of the required public improvements and the acceptance of the dedication of those improvements by the city, as required in the city council's approval of the final plat.

(b)

The extent of street improvement shall be adequate for vehicular access by the prospective occupant(s) and by police and fire equipment prior to the issuance of an occupancy permit. The developer shall, at the time of the offer of dedication, submit monies in escrow to the city in a sum determined by the development administrator or his designee for the necessary final improvement of the street.

(c)

No building permit shall be issued for the final ten percent of lots in a subdivision, or if ten percent be less than two, for the final two lots of a subdivision, until all public improvements required by the city council for the subdivision have been fully completed and the city has accepted the developer's offer(s) to dedicate the improvements.

(Sec. 12.2.6)

(a)

No building permit or certificate of occupancy shall be granted or issued if a developer or its authorized agent has violated any federal, state or local law pertaining to:

(1)

Consumer protection;

(2)

Real estate land sales, promotion, or practices; or

(3)

Any applicable conflicts-of-interest legislation with respect to the lot or parcel of land which is the subject of the permit or certificate until a court of competent jurisdiction so orders.

(b)

With respect to any lot or parcel of land described in the immediately preceding section, if a building permit or certificate of occupancy has been granted or issued, it may be revoked by the city until a court of competent jurisdiction orders otherwise, provided that in no event shall the rights of intervening innocent third parties in possession of a certificate of occupancy be prejudiced by any such revocation.

(c)

Any violation of a federal, state, or local consumer protection law, including, but not limited to: Postal Reorganization Act of 1970; the Federal Trade Commission Act of 1970; Interstate Land Sales Full Disclosure Act; the Truth in Lending Act; the Uniform Commercial Credit Code; state "Blue Sky" laws; state subdivision disclosure acts; or any conflicts of interest statute, law or ordinance shall be deemed a violation of these regulations and subject to all of the penalties and proceedings as set forth in article XIII, division 8.

(Sec. 12.2.7)

(a)

Conformance to applicable rules and regulations. In addition to the requirements established in these regulations, all subdivision plats shall comply with the following laws, rules and regulations:

(1)

All applicable statutory provisions.

(2)

The city's Unified Land Development Code, Building and Housing codes, and all other applicable laws of the appropriate jurisdiction.

(3)

The official Comprehensive Plan and official map including all streets, parks, water mains and sewer mains shown on the official map or Comprehensive Plan as adopted.

(4)

The special requirements of these regulations and any rules of the health department and/or appropriate state or substate agencies.

(5)

The rules of the Illinois Department of Transportation if the subdivision of any lot contained therein abuts a state highway or connecting street.

(6)

The standards and regulations adopted by the development administrator and all boards, commissions, agencies and officials of the city.

(7)

Plat approval may be withheld if a subdivision is not in conformity with the above laws, regulations, guidelines and policies as well as the purposes of these regulations established in section 34-1-1 of this Code.

(b)

Adequate public facilities. No preliminary plat shall be approved unless the planning commission determines that public facilities will be adequate to support and service the area of the proposed subdivision. Public facilities and services to be examined for adequacy will include roads and public transportation facilities, sewerage, and water service.

(1)

[Submit information and data.] The applicant for a preliminary plat must, at the request of the planning commission, submit sufficient information and data on the proposed subdivision to demonstrate the expected impact on and use of public facilities and services by said subdivision.

(2)

Comprehensive Plan consistency required. Proposed public improvements shall conform to and be properly related to the city's Comprehensive Plan.

(3)

Water. All habitable buildings and buildable lots shall be connected to a public water system capable of providing water for health and emergency purposes, including adequate fire protection.

(4)

Wastewater. All habitable buildings and buildable lots shall be served by city wastewater collection and treatment.

(5)

Stormwater management. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding. The city may require the use of control methods such as retention or detention, and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed developments. All proposed subdivision shall comply with the city's stormwater ordinance.

(6)

Roads. Proposed roads shall provide a safe, convenient and functional system for vehicular, pedestrian and bicycle circulation; shall be properly related to the Comprehensive Plan; and shall be appropriate for the particular traffic characteristics of each proposed development and constructed in the manner prescribed by this Code.

(7)

Utilities. All utility facilities, including gas, electric power, telephone, and CATV cables, shall be located underground throughout the subdivision. Underground service connections to the property line of each platted lot shall be installed at the subdivider's expense. (See section 34-12-28.)

(8)

Extension policies. All public improvements and required easements shall be extended through the parcel on which new development is proposed. Streets, water lines, wastewater systems, drainage facilities, electric lines, telecommunications and fiber optic lines shall be constructed through new development to promote the logical extension of public infrastructure. The city may require the applicant of a subdivision to extend off-site improvements to reach the subdivision or oversize required public facilities to serve anticipated future development as a condition of plat approval.

(9)

Easements.

(a)

Unless utilities are to be installed in the public right-of-way, easements not less than seven and one-half feet wide shall be provided on each side of all rear lot lines, and alongside side lot lines where necessary for storm and wastewater sewers; gas, water and other mains; and for underground electric power and telephone lines. Easements of greater width may be required along or across lots when necessary for the extension of main sewers or other utilities or where both water and sewer lines are located in the same easement.

(b)

Adequate easements for storm water drainage shall be established along any natural drainage channel and in such other locations as may be necessary to provide satisfactory disposal of storm water from streets, alleys and all other portions of the subdivision. The location and minimum widths of such easements shall be approved by the development administrator or his designee.

(c)

No person shall deny access to such easements to authorized officials upon display of proper identification.

(d)

No person shall erect any structure or plant any tree or shrub in any easement or within ay street or alley right-of-way, except at the owner's risk with respect to all costs for demolition, removal or reconstruction thereof.

(c)

Restrictive covenants. Restrictive covenants shall be provided for every subdivision including provisions for maintenance of common ground areas. References to those restrictions shall be required to be indicated on the subdivision plat, and the restrictive covenants shall be recorded with the St. Clair County Recorder of Deeds in a form to be approved by the city attorney.

(d)

Plats straddling municipal boundaries. Whenever access to the subdivision is required across land in another municipality, the planning commission may request assurance from the city attorney that access is legally established, and from the development administrator or his designee that access is adequately improved, or that a guarantee has been duly executed and is sufficient in amount to assure the construction of the access road. In general, lot lines should be laid out so as not to cross municipal boundary lines.

(e)

Monuments. The applicant shall place stone or reinforced concrete reference monuments, set in the ground in such a manner that they will not be moved by frost, in accordance with the Plats Act, as now or hereafter amended. (Illinois Compiled Statutes, Chapter 675, section 205/1) Such monuments shall comply with the following requirements.

(1)

All lot corners shall be marked by one-half-inch iron pins not less than 24 inches long. Temporary iron fence posts shall also be placed at these locations and may not be removed until adjacent lots have been built upon.

(2)

All monuments required by these regulations shall be set flush with the ground or so as not to protrude above the ground surface by more than one and one-half inches.

(3)

All monuments shall be properly set in the ground and approved by a registered land surveyor.

(f)

Character of the land. Land that the planning commission finds to be unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, or other features that will reasonably be harmful to the health, safety, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the planning commission, upon recommendation of the development administrator or his designee, to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses and shall not involve any danger to public health, safety, and welfare.

(g)

Subdivision name. The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations.

(Sec. 12.3.1)

(a)

Lot arrangement. The building lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with all provisions of this Code and health regulations and in providing driveway access to buildings on the lots from an approved street or an existing access easement that was approved prior to the effective date of these regulations.

(b)

Lot dimensions. Lot dimensions shall comply with the minimum standards of this Code. In general, side lot lines shall be at right angles to street lines (or radial to curving street lines) unless a variation from this rule will give a better street or lot plan. Dimensions of corner lots shall be large enough to allow for erection of buildings, observing the minimum front yard setback from both streets. Depth and width of properties reserved or laid out for business, commercial or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated, as established by this Code.

(c)

Lot orientation.

(1)

The lot line common to the street right-of-way shall be the front line. All lots shall face the front line and a similar line across the street. Wherever feasible, lots shall be arranged so that the rear line does not abut the side line of an adjacent lot.

(2)

Corner lots shall be configured to accommodate front yards on each street, and may need to be larger than the minimum lot size to accommodate such yards and maintain a sufficient building envelope.

(d)

Double frontage lots and access to lots.

(1)

Double frontage lots. Double frontage and reversed frontage lots shall be avoided except where necessary to provide separation of residential development from traffic arterials or to overcome special disadvantages of topography and orientation.

(2)

Access from principal and minor arterials. Lots shall not, in general, derive access exclusively from a principal or minor arterial. Where driveway access from a principal or minor arterial may be necessary for several adjoining lots, the planning commission may require that such lots be served by a combined access drive in order to limit possible traffic hazards on the street. Lots shall be designed and arranged so that driveways constructed will not require vehicles to back into traffic on arterial streets.

(e)

Soil preservation, grading and seeding.

(1)

Soil preservation and final grading. No certificate of occupancy shall be issued until final grading has been completed in accordance with the approved final plat and the lot pre-covered with soil with an average depth of at least six inches which shall contain no particles more than two inches in diameter over the entire area of the lot, except that portion covered by buildings or included in streets, or where the grade has not been changed or natural vegetation seriously damaged. Topsoil shall not be removed from residential lots or used as spoil, but shall be redistributed so as to provide at least six inches of cover on the lots and at least four inches of cover between the sidewalks and curbs, and shall be stabilized by seeding or planting.

(2)

Lot drainage. All lots shall have a finished grade that will allow the natural flow of surface drainage water from one lot to another without erosion or damage. Grading shall be sloped and tapered at the side and rear lot lines in such a manner as to permit proper drainage.

(3)

Lawn-grass seed and sod. Lawn-grass seed or sod shall be required to be installed on every lot as specified in this paragraph. Sod may be used to comply with any requirement of seeding set forth herein and shall be required for portions of the lot that must be covered by grass when the slope of such area exceeds a slope ratio of 5:1. Lawn-grass seed shall be sown at not less than four pounds to each 1,000 square feet of land area. Seed shall be sown between April 1 and October 31. The seed shall consist of a maximum of ten percent rye grass by weight and minimum of 90 percent permanent bluegrass and/or fescue grass by weight. All seed shall have been tested for germination within one year of the date of seeding, and the date of testing shall be on the label containing the seed analysis. All lots shall be seeded from the roadside edge of the unpaved right-of-way back a distance of 25 feet behind the principal structure on the lot except that existing wooded areas on any lot may be excluded from this requirement. No certificate of occupancy shall be issued until re-spreading of soil and seeding of lawn has been completed; except that between November 1 and March 31, the applicant shall submit an agreement in writing signed by the developer and the property owner, with a copy to the development administrator, that re-spreading of soil and seeding of lawn will be done during the immediate following planting season as set forth in this section, and leave a cash escrow for performance in an amount determined by the development administrator. Sod may be used to comply with any requirement of seeding set forth herein.

(f)

Debris and waste. No cut trees, timber, debris, earth, rocks, stones, soil, junk, rubbish or other waste materials of any kind shall be buried in any land, or left or deposited on any lot or street at the time of the issuance of a certificate of occupancy, and removal of those items and materials shall be required prior to issuance of any certificate of occupancy on a subdivision. No items and materials as described in the preceding sentence shall be left or deposited in any area of the subdivision at the time of expiration of any subdivision improvement agreement or dedication of public improvements, whichever is sooner.

(g)

Waterbodies and watercourses. If a tract being subdivided contains a water body, or portion thereof, lot lines shall be so drawn as to distribute the entire ownership of the water body among the fees of adjacent lots or the ownership of and responsibility for safe maintenance of the water body shall be placed with the homeowners so that it will not become a city responsibility. No part of the minimum area of a lot required under the provisions of this Code may be satisfied by land that is under water. Where a watercourse separates the buildable area of a lot from the street by which it has access, provisions shall be made for installation of a culvert or other structure, of design approved by the development administrator or his designee.

(h)

Subdivision improvement agreement and financial security to include lot improvement. The applicant shall enter into a separate subdivision improvement agreement secured by a letter of credit or cash escrow to guarantee completion of all lot improvement requirements including, but not limited to, soil preservation, final grading, lot drainage, lawn-grass seeding, removal of debris and waste, fencing, and all other lot improvements required by the city council. Whether or not a certificate of occupancy has been issued, the city may enforce the provisions of the subdivision improvement agreement where the provisions of this section or any other applicable law, ordinance, or regulations have not been met.

(Sec. 12.3.2)

(a)

General requirements.

(1)

[New construction.] All new streets and alleys shall be constructed solely at the expense of the subdivider/developer in accordance with the requirements set forth herein. New streets and alleys and improvements to existing streets shall be determined based on the typical roadway sections contained in the city's construction specifications. Existing streets that do not meet city standards shall be improved to meet the current street standards by one of the following methods which shall be approved by the city council:

(a)

Existing streets to be upgraded at developer's expense;

(b)

Existing streets will be upgraded with the cost shared between the city and the developer; or

(c)

Off-site road impact fees shall be charged to the developer to cover the costs of the upgrading.

(2)

Frontage on improved roads. No subdivision shall be approved unless the area to be subdivided shall have frontage on and access from an existing street on the official map unless such street is:

(a)

An existing state, county or township highway; or

(b)

A street shown upon a plat approved by the city council and recorded with the office of the St. Clair County Recorder of Deeds. Such street or highway must be suitably improved as required by the highway rules, regulations, specifications or orders, or be secured by a performance bond required under these subdivision regulations, with the width and right-of-way required by these subdivision regulations or the Comprehensive Plan or official map.

Where the area to be subdivided is to utilize existing road frontage, the road shall be suitably improved as provided above.

(3)

Grading and improvements plan. Roads shall be graded and improved and conform to the city construction standards and specifications and shall be approved as to design and specifications by the development administrator or his designee in accordance with the construction plans required to be submitted prior to final plat approval.

(4)

Classification. All roads shall be classified as principal arterials, minor arterials, collectors, subdivision feeders, local access streets or alleys as each are defined in these regulations and shown on the future Thoroughfare Plan map contained in the Comprehensive Plan.

(5)

Topography and arrangement.

(a)

Roads shall be related appropriately to topography. Local access roads shall be curved wherever possible to avoid conformity of lot appearance. All streets shall be arranged so as to obtain as many building sites as possible at, or above, the grades of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. Specific standards are contained in the design standards of these regulations.

(b)

All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated rights-of-way as established on the official map and the thoroughfare plan map contained in the Comprehensive Plan.

(c)

All thoroughfares shall be properly related to special traffic generators such as industries, commercial districts, schools, churches and shopping centers; to population densities; and to the pattern of existing and proposed land uses.

(d)

Local access streets shall be laid out to conform as much as possible to the topography to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.

(e)

The rigid rectangular gridiron street pattern is not recommended for residential areas. The use of curvilinear streets, culs-de-sac or U-shaped streets shall be encouraged where such use will result in a more desirable layout.

(f)

Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless in the opinion of the planning commission such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development of adjacent tracts of land.

(g)

In commercial and industrial developments, the streets and other access ways shall be planned in connection with the grouping of buildings, location of rail facilities, provision of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian.

(6)

Blocks.

(a)

Blocks shall have sufficient width to provide for two tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major streets, railroads or waterways.

(b)

The lengths, widths and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block lengths in residential areas shall not exceed 1,400 feet, nor be less than 500 feet in length. Wherever practicable, blocks along arterial and collector streets shall be not less than 1,000 feet in length.

(c)

In long blocks the planning commission may require the reservation of an easement through the block to accommodate utilities, drainage facilities or pedestrian traffic.

(d)

Pedestrian ways or crosswalks, not less than ten feet wide, may be required by the planning commission through the center of blocks more than 800 feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation or other community facilities. The planning commission may require screening, fencing or additional setbacks from such pedestrian ways. Blocks designed for industrial uses shall be of such length and width as may be determined suitable by the planning commission for prospective users.

(7)

Access to principal arterials. Where a subdivision borders on or contains an existing or proposed principal arterial, the planning commission may require that access to such streets be limited by one of the following means:

(a)

Lots shall back onto the principal arterial and front onto a parallel local street; no access shall be provided from the principal arterial; and screening shall be provided in a strip of land along the rear property line of such lots.

(b)

A series of culs-de-sac, U-shaped streets or short loop streets entered from and designed generally at right angles to such a parallel street, with the rear lines of their terminal lots backing onto the principal arterial.

(c)

A marginal access or service road (separated from the principal arterial by a planting or grass strip and having access at suitable points).

(8)

Road names. Road names shall be sufficiently different in sound and spelling from other road names in the city so as not to cause confusion. A road which is (or is planned as) a continuation of an existing road shall bear the same name. The city clerk shall consult with the St. Clair County 911 Coordinator on proposed road names and receive his recommendation prior to approval of proposed road names by the planning commission.

(9)

Road regulatory signs. The applicant shall deposit with the city at the time of final subdivision approval a sum in an amount adequate to cover the cost of each road sign required by the development administrator or his designee on all roads and at all road intersections. The city shall install all road signs. Street name signs are to be placed at all intersections within or abutting the subdivision, the type and location of which to be approved by the development administrator or his designee.

(10)

Street lights. Street lights shall be provided by the developer at each intersection of two streets (or alleys), at each cul-de-sac, at intervals of approximately 400 feet of street frontage between intersections, and between a street intersection and the terminus of a dead-end street. Additionally, in multiple-family dwelling subdivisions, lighting shall be provided by the developer within parking areas at a minimum rate of one light per 25 parking spaces or any fraction thereof. Street lights shall be installed based on the following standards:

(a)

The design and installation of the street light system in every subdivision/development shall be reviewed by the development administrator or his designee and the appropriate electric utility company. At the subdivider's/ developer's option the appropriate electric utility may design and install the streetlight system.

(b)

The lighting intensity of each streetlight shall be equivalent at a minimum, to a 150 watt high pressure sodium vapor luminaire lamp. Each streetlight standard (post) shall be at least 14 feet high.

(11)

Reserve strips. The creation of reserve strips shall not be permitted adjacent to a proposed street in such a manner as to deny access from adjacent property to the street.

(12)

Construction of roads and dead-end roads.

(a)

Construction of roads. The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when the continuation is necessary for convenient movement of traffic, for effective fire protection, for efficient provision of utilities, and where the continuation is in accordance with the thoroughfare plan. If the adjacent property is undeveloped and the street must temporarily be a dead-end street, the right-of-way shall be extended to the property line. A temporary T- or L-shaped turnaround shall be provided on all temporary dead-end streets, with the notation on the subdivision plat that land outside the normal street right-of-way shall revert to abuttors whenever the street is continued. The planning commission may limit the length of temporary dead-end streets in accordance with the design standards of these regulations.

(b)

Dead-end roads (permanent). Where a road does not extend beyond the boundary of the subdivision and its continuation is not required by the planning commission for access to adjoining property, its terminus shall normally not be nearer to such boundary than 50 feet. However, the planning commission may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic or utilities. A cul-de-sac turnaround shall be provided at the end of a permanent dead-end street with a minimum right-of-way radius of 50 feet and a minimum pavement radius of 42 feet. For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall be limited in length to a maximum of 500 feet.

(13)

Alleys and access easements. Alleys and access easements may be allowed in single-family residential districts only with planning commission approval. Alleys may be required in multiple-family districts and in commercial and industrial districts unless other adequate provisions for service access are made. When required or provided, alleys shall be at least ten feet wide, and shall be paved in accordance with specifications maintained by the development administrator or his designee. Alleys normally shall not intersect with one another nor change sharply in alignment. Adequate vehicular turnaround space shall be paved in accordance with specifications maintained by the development administrator or his designee. Alleys normally shall not intersect with one another nor change sharply in alignment. Adequate vehicular turnaround space shall be provided at the terminus of any rear-end alley.

(14)

Access to subdivisions. It is recommended that all subdivisions be platted with a minimum of two access points to surrounding streets. Subdivisions that will have no more than 50 lots when completed, may be approved with a single entrance. Subdivisions that will have more than 50 lots but not more than 150 lots when completed shall have more than one entrance or shall have a divided entrance. Lots with more than 150 lots but not more than 300 lots shall have a minimum of two entrances. Lots with more than 300 lots when completed shall have a minimum of three entrances and shall be provided an additional entrance for each 150 lots or part thereof over 300 lots. In cases where a divided roadway is utilized, it must provide two divided lanes of traffic, each lane a minimum of 20 feet in width, from the entrance to the subdivision to the intersection of the first through or loop street. The two lanes must be divided by a median planted with grass, shrubs and appropriate trees with the median a minimum of 15 feet in width.

(b)

Design standards.

(1)

General. In order to provide for roads of suitable location, width and improvement to accommodate prospective traffic and afford satisfactory access to police, fire fighting, snow removal, sanitation and road-maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, the following design standards for roads are hereby required.

(2)

Minimum right-of-way and pavement widths. Every right-of-way established for subdivision purposes is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lot or parcels. All rights-of-way shall be dedicated to the public by the subdivider. The minimum pavement widths shall be as noted in Table 12-2.

(3)

Excess right-of-way. Right-of-way widths in excess of the standards designated in these regulations shall be required whenever additional width is necessary, due to topography, to provide adequate earth slopes. Such slopes shall not be in excess of three-to-one.

(4)

Road surfacing and improvements. After sewer and water utilities have been installed by the developer, the developer shall construct curbs and gutters and shall surface or cause to be surfaced roadways to the widths prescribed in these regulations. All surfacing shall be of a character as is suitable for the expected traffic and in harmony with similar improvements in the surrounding areas. Types of pavement shall be as determined by the development administrator or his designee. Adequate provision shall be made for culverts, drains and bridges. All road pavement, shoulders, drainage improvements and structures, curbs, turnarounds, and sidewalks shall conform to all construction standards and specifications adopted by city council or the development administrator or his designee, and shall be incorporated into the construction plans required to be submitted by the developer for plat approval.

(5)

Railroads and limited access highways. Railroad rights-of-way and limited access highways where so located as to affect the subdivision of adjoining lands shall be treated as follows:

(a)

In residential districts a buffer strip at least 25 feet in depth in addition to the normal depth of the lot required in the district shall be provided adjacent to the railroad right-of-way or limited access highway. This strip shall be part of the platted lots and shall be designated on the plat: "This strip is reserved for screening. The placement of structures on this land is prohibited."

TABLE 12-2
STREET DESIGN SPECIFICATIONS

Notes:

1. Minimum pavement width is measured from back-to-back of curb.

2. Minimum pavement width may increase as needed for left-turn lanes, to be determined by city council.

3. Minimum gradient may be reduced to 0.5 percent where determined necessary by the development administrator.

(b) In districts zoned for business, commercial or industrial uses, the nearest street extending parallel or approximately parallel to the railroad right-of-way shall, wherever practicable, be at a sufficient distance from the railroad right-of-way to ensure suitable depth for commercial or industrial sites.

(c) When streets parallel to the railroad right-of-way intersect a street which crosses the railroad right-of-way at grade, they shall, to the extent practicable, be at a distance of at least 150 feet from the railroad right-of-way. Such distance shall be determined with due consideration of the minimum distance required for future separation of grades by means of appropriate approach gradients.

(6)

Intersections.

(a)

Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two new streets at an angle of less than 75 degrees shall not be acceptable. An oblique street should be curved approaching an intersection and should be approximately at right angles for at least 100 feet therefrom. No more than two streets shall intersect at any one point.

(b)

Proposed new intersections along one side of an existing street shall, wherever practicable, coincide with any existing intersections on the opposite side of such street. Street jogs with centerline offsets of less than 150 feet shall not be permitted, except where the intersected street has separated dual drives without median breaks at either intersection. Where streets intersect major streets, their alignment shall be continuous. Intersection of major streets shall be at least 800 feet apart.

(c)

Minimum curb radius at the intersection of two local streets shall be at least 20 feet and minimum curb radius at an intersection involving a collector street shall be at least 25 feet. Alley intersections and abrupt changes in alignment within a block shall have the corners cut off in accordance with standard engineering practice to permit safe vehicular movement.

(d)

Intersections shall be designed with a flat grade wherever practical. In hilly or rolling areas, at the approach to an intersection, a leveling area shall be provided having not greater than a three percent rate at a distance of 50 feet, measured from the nearest right-of-way line of the intersecting street.

(e)

Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer shall cut such ground and/or vegetation (including trees) in connection with the grading of the public right-of-way to the extent deemed necessary to provide an adequate sight distance.

(f)

The cross-slopes on all streets, including intersections, shall be three percent or less.

(7)

Pavement structure. All streets and alleys shall be paved across the entire surface width. All streets and alleys shall be paved as indicated below, with the city council or the development administrator or his designee reserving the right to select the most appropriate option; likewise, equivalents to the minimum street construction standards found in Table 12-3 may be approved by the development administrator or his designee depending on engineering and traffic volume considerations.

(a)

Bituminous and/or Portland cement concrete designs based on Illinois Department of Transportation pavement designs is acceptable.

(b)

Earth subgrade.

(i)

Compacted earth per Illinois Department of Transportation standards of 95 percent modified proctor.

(ii)

Compaction test required prior to placing any paving material. The number of tests will be left to the discretion of the development administrator or his designee.

(c)

Portland cement concrete pavement joints shall be sawed longitudinally in center and every 15 feet transversely.

(d)

Materials and construction techniques shall be in accordance with the applicable sections of the latest edition of the Standards and Specifications for Road and Bridge Construction, latest edition, as published by the Illinois Department of Transportation.

(e)

In the event of dispute, Illinois Department of Transportation standards and specifications shall prevail.

(f)

An Illinois registered professional engineer shall be required to certify any pavement design reports, compaction reports, etc., that are required.

(8)

Curb and gutter. All streets, except alleys, private drives, access easements, and commercial or industrial streets, shall be constructed with Portland cement concrete vertical curb and gutter and/or V-type gutter in accordance with the dimensions and specifications shown, therefore, in the city's construction specifications, unless otherwise approved by city council. Only vertical curb and gutter shall be constructed in commercial or industrial streets.

Curb and/or gutter may be constructed either integrally or separately in conjunction with Portland cement pavement. If constructed separately, the gutter flag shall be "tied" to Portland cement concrete pavement with 30-inch long #4 reinforcing bars spaced at 30-inch centers.

(9)

[Structures.] Once a street right-of-way is dedicated to the city, no person may place or install any structure over or into the curb and gutter portion of any city maintained street right-of-way without written permission from the development administrator or his designee.

(c)

Road dedications and reservations.

(1)

New perimeter streets. Street systems in new subdivisions shall be laid out so as to eliminate or avoid new perimeter half-streets. Where an existing half-street is adjacent to a new subdivision, the other half of the street shall be improved and dedicated by the subdivider. The planning commission may authorize a new perimeter street where the subdivider improves and dedicates the entire required street right-of-way width within its own subdivision boundaries.

(2)

Widening and realignment of existing roads. Where a subdivision borders an existing narrow road or when the Comprehensive Plan or official map indicate plans for realignment or widening a road that would require use of some of the land in the subdivision, the applicant shall be required to dedicate those areas for widening or realignment of those roads. The costs of improving the realignment or widening of the road may be shared between the city and the developer upon determination by the city council that the cost of the realignment or widening exceed the cost of providing necessary access to the subdivision. Frontage roads shall be improved and dedicated by the applicant at its own expense to the full width as required by these subdivision regulations. Land reserved for any road purposes may not be counted in satisfying yard or area requirements of this Code whether the land is to be dedicated to the city in fee simple or an easement is granted to the city.

Table 12-3 Minimum Street Construction Standards

NOTES:

(1)

Equivalent pavements, in addition to those shown in Table 5-B, shall be submitted to the development director for approval.

(2)

If total pavement thickness exceed eight inches, the granular aggregate base/subbase shall extend under the curb and gutter.

(3)

All pavement types shall be constructed on subgrade compacted to 95 percent maximum density per AASHTO T-99 (Standard Proctor)

ABBREVIATIONS AND DEFINITIONS:

1.

B.A.M. Bituminous Aggregate Mixture.

2.

P.C.C. Portland Cement Concrete.

3.

S.R.P.C.C. Standard Reinforced Portland Cement Concrete.

4.

U.L. Synthetic Underlayment.

5.

Plain Joints Keyed or sawcut joints with joint surface sealant.

6.

Dowel Joints Sawcut or formed joints with cast-in-place dowels centered in joint and joint surface sealant.

7.

Fiber Reinforcement Polypropylene reinforcing fibers. Fiberglass fibers are not allowed due to reactivity with cement paste.

MAXIMUM LIFT THICKNESS:

Crushed Stone = 8", B.A.M. = 6", I-11 Binder = 2 ½", Surface = 2"

(Sec. 12.3.3; Ord. No. 06-05, § 1, 5-1-06; Ord. No. 08-15, § 1, 8-18-08)

(a)

General requirements. The planning commission shall not recommend approval of any plat of subdivision that does not make adequate provision for storm and flood water runoff channels or basins. The storm water drainage system shall be separate and independent of any wastewater sewer system.

(b)

Nature of storm water facilities.

(1)

Location. The planning commission may recommend and the city council may require the applicant to carry away by pipe or open ditch any spring, surface water or stormwater runoff that may exist either previously to, or as a result of the subdivision to protect the public health, safety, and general welfare. Such drainage facilities shall be located in the road right-of-way where feasible, or in perpetual unobstructed easements of appropriate width, and shall be constructed in accordance with the construction standards and specifications.

(2)

Accessibility to public storm sewers. Where a public storm sewer is accessible, the applicant shall install storm sewer facilities, or if no outlets are within a reasonable distance, adequate provision shall be made for the disposal of storm waters, subject to the specifications of the development administrator or his designee. However, in subdivisions containing lots less than 15,000 square feet in area and in commercial and industrial districts, underground storm sewer systems may be required to be constructed throughout the subdivisions and be conducted to an approved out-fall. Inspection of facilities shall be conducted by the development administrator or his designee.

(3)

Accommodation of upstream drainage areas. A culvert or other drainage facility shall in each case be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the subdivision. The subdivider's engineer shall calculate the necessary size of the facility, based on the provisions of the construction standards and specifications assuming conditions of maximum potential watershed development permitted by the Comprehensive Plan or other provisions of this Code. Such calculations shall be reviewed, verified, and approved by the development administrator or his designee.

(4)

Effect on downstream drainage areas. The subdivider's engineer shall also study the effect of the subdivision on existing downstream drainage facilities outside the area of the subdivision. City drainage studies together with such other studies as shall be appropriate shall serve as a guide to needed improvements. Where it is anticipated that the additional runoff incident to the development of the subdivision will overload an existing downstream drainage facility, the city council may withhold approval of the subdivision until provision has been made for the expansion of the existing downstream drainage facility. No subdivision shall be approved unless adequate drainage will be provided to an adequate drainage watercourse or facility.

(5)

Areas of poor drainage. Whenever a plat is submitted for an area that is subject to flooding, the city council may approve such subdivision provided that the applicant fills the affected area of the subdivision to an elevation sufficient to place the elevation of streets and lots at a minimum of 12 inches above the elevation of the 100-year floodplain, as determined by the development administrator or his designee. The plat of the subdivision shall provide for an overflow zone along the bank of any stream or watercourse, in a width that shall be sufficient in times of high water to contain or move the water, and no fill shall be placed in the overflow zone nor shall any structure be erected or placed in the overflow zone. The boundaries of the overflow zone shall be subject to approval by the development administrator or his designee.

(6)

Floodplain areas. The city council may, when it deems it necessary for the health, safety, or welfare of the present and future population of the area and necessary to the conservation of water, drainage, and wastewater facilities, prohibit the subdivision of any portion of the property that lies within the 100-year floodplain of any stream or drainage course. These floodplain areas shall be preserved from any and all destruction or damage resulting from clearing, grading, or dumping of earth, waste material, or stumps, except at the discretion of the city council.

(c)

Dedication of drainage easements.

(1)

General requirements. When a subdivision is traversed at or below grade by a watercourse, drainage way, channel or stream, whether natural or man-made, there shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of such watercourse, and of such width and construction as will be adequate for the purpose. Wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped banks and adequate width for maximum potential volume of flow.

(2)

Drainage easements.

(a)

Perpetual, unobstructed easements at least 15 feet in width for drainage facilities shall be provided across property outside road lines and with satisfactory access to the road. Easements shall be indicated on the plat. Drainage easements shall extend from the road to a natural watercourse or to other drainage facilities.

(b)

When a proposed drainage system will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat.

(c)

Low-lying lands along watercourses subject to flooding or overflowing during storm periods, whether or not included in areas for dedication, shall be preserved and retained in their natural state as drainage ways. Such land or lands subject to periodic flooding shall not be utilized for average density procedures nor for computing the area requirement of any lot.

(d)

Design criteria. A storm water management plan shall be required for any new residential, commercial, industrial, institutional or utility subdivision having a gross aggregate area of one acre or more. The following rules shall govern the design of improvements with respect to managing storm water runoff.

(1)

Drainage and storage facilities shall be designed using the modified rational method or soil conservation service (SCS) method of calculating runoff discharge rate and total volume.

(2)

Storage volume. The volume of storage potential provided in detention facilities shall be sufficient to control the excess storm water runoff, as determined to be the difference between the storm water quality from the site in its developed state for the two-, ten-, 25-, 50-, and 100-year critical duration storm events, less the allowable release rate as set forth in paragraph (d)(3). A higher frequency storm may be justified by the city depending upon the particular development conditions.

(3)

The controlled release rate of storm water runoff from all developments shall be limited to that which existed prior to development.

(4)

Street, blocks, lots, parks and other public grounds shall be located and laid out in such a manner as to minimize the velocity of overland flow and allow maximum opportunity for infiltration of storm water into the ground, and to preserve and utilize existing and planned streams, channels, and detention basins.

(5)

The increase storm water runoff resulting from the proposed development shall be accommodated by the provision of appropriate detention facilities including wet or dry bottom reservoirs, flat roofs, or parking lots.

(6)

All storm water infiltration, retention, and detention facilities shall be provided with an emergency overflow structure or path capable of passing the inflow from a critical duration 100-year storm without damages to any structures of adjacent land. The emergency overflow structure shall have an invert elevation at or above the design high water elevation. A minimum freeboard of one foot shall be provided above the design high water elevation. The freeboard shall be measured from the design high water elevation to the top of the berm.

(7)

All culverts shall extend for the length of the property served and shall not terminate in the middle of a lot.

(8)

Culvert and storm sewer materials and construction shall conform to the applicable sections of the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition. Culverts and storm sewers located under paved surfaces shall be reinforced concrete pipe meeting the requirements of AASHTO M170 with rubber gasket joints. Outside of paved areas, high density polyethylene pipe (HDPE) with a smooth interior meeting the requirements of AASHTO M 294 and elastomeric gasket joints in conformance with ASTM F477, or polyvinyl chloride pipe (PVC) meeting the requirements of AASHTO M 278 made with PVC plastic having a minimum cell classification of 12454-C per ASTM D 1784 with elastomeric gasket joints in conformance with ASTM F 477, may be allowed. Polymer coated corrugated metal pipe meeting the requirements of AASHTO M 245, or aluminized steel Type 2 corrugated culvert pipe meeting the requirements of AASHTO M 274 may be allowed for culverts. The minimum diameter for across road culverts shall be 15 inches and shall be designed to convey the runoff associated with the 50-year storm event. The minimum diameter for storm sewers shall be 12 inches and shall be designed to convey the runoff associated with the ten-year storm event. The minimum gradient shall be 0.3 percent. Pipe materials used for the repair and replacement of existing storm sewers and culverts, and for street improvement projects, shall be at the discretion of the city engineer.

(9)

Inlets shall be placed at locations required to handle the run-off associated with the ten-year storm event and wherever necessary so that surface water is not carried across any street or intersection. The maximum permissible encroachment of water on the pavement shall be ten feet.

(e)

Dams and impoundment structure. Dams and berms for water impoundments, pools, ponds, reservoirs and small lakes shall be planned, designed and constructed under the supervision of a registered professional engineer and shall meet the approval of the Division of Water Resources, Illinois Department of Natural Resources. An engineering report shall be submitted to the development administrator on all existing dams within a proposed subdivision. Any dam found to be structurally unsafe shall be reconstructed or reinforced in accordance with the Division of Water Resources standards.

(Sec. 12.3.4; Ord. No. 10-15, § 1, 9-20-10; Ord. No. 21-03, § 1(Att.), 2-16-21)

(a)

General requirements.

(1)

An adequate supply of potable water shall be provided to every platted lot in accordance with Illinois Environmental Protection Agency regulations. If a public water main is not accessible, the developer shall take necessary action to extend water mains for the purpose of providing a water supply system capable of providing for domestic water use and fire protection.

(2)

When a public water main is accessible, the developer shall install adequate water facilities (including fire hydrants) subject to the specifications of the development administrator or his designee. All water mains shall be at least eight inches in diameter. In certain instances, the development administrator or his designee may require water mains to exceed eight inches in diameter. In these cases, the difference in material costs between an eight-inch main and the size required by the development administrator or his designee will be paid for by the city.

(3)

Water main extensions shall be approved by the development administrator or his designee.

(4)

The location of all fire hydrants and all fire hydrants and all water supply improvements shall be shown on the preliminary plat, and the cost of installing same shall be borne by the developer and included in the subdivision improvement agreement and financial security to be furnished by the developer.

(b)

Design standards.

(1)

Water plans. All water plans must be in conformance with Standard Specifications for Water and Sewer Main Construction in Illinois (latest edition) (referenced as standard specifications, hereafter). If there is a conflict between the specifications and these regulations, the more stringent provision shall apply.

(2)

Fire hydrants. Fire hydrants shall be required for all subdivisions. Fire hydrants shall be installed in accordance with Section 45 of the Standard Specifications for Water and Sewer Main Construction in Illinois, latest edition. Fire hydrants shall be located no more than 1,000 feet apart, within 400 feet of every lot, and shall be approved by the development administrator or his designee and fire chief in accordance with the State of Illinois Fire Marshal's standards. To eliminate future street openings, all underground utilities for fire hydrants, together with the fire hydrants themselves, and all other supply improvements shall be installed before any final paving of a street shown on the subdivision plat.

(3)

Water main pipe. Water main pipe shall be SDR21PVC or class 250 ductile iron bell and spigot joints conforming to ASTM D3139 except at hydrants and fittings.

(4)

Tapping sleeves. Tapping sleeves shall be one of the following: Mueller type H-615 for cast iron pipe or ductile iron pipe; Mueller style H-612, ROMAC style SST or Ford style FAST for PVC Pipe. All tapping sleeves shall include either a ductile iron or stainless steel retaining flange.

(5)

Tapping valves. Tapping valves shall be flanged by mechanical joint outlets with resilient seat wedge shut off design. The retainer gland on the mechanical joint outlet shall be a megalug series 2000PV.

(6)

Granular base required. Select granular back (CA-6) crushed stone shall be installed for the full depth over all water mains that cross area to be paved.

(7)

Crossing of water mains. Crossings of water mains shall be constructed in accordance with Section 41-2.01 of the standard specifications.

(8)

Thrust blocking. Thrust blocking shall be constructed in accordance with Section 41-2.09 of the standard specifications.

(9)

Disinfection. Chlorine shall be used for disinfection in accordance with Section 41-2.14 of the standard specifications.

(10)

Hydrostatic air testing. Hydrostatic air testing of all new water mains shall be performed in accordance with Section 41-2.13 of the standard specifications. The contractor is required to provide all materials and manpower necessary for testing. The contractor shall notify the public works department when the testing takes place so that a city representative can be present.

(11)

Bacteriological water sampling. Bacteriological water sampling of all new water mains shall be performed by a representative of the public works department prior to acceptance of the water lines by the city.

(12)

Turning on water mains. The public works department shall be responsible for turning on the new water main extension.

(13)

Water connections. Water connections between buildings and the city's water meter shall be Type K rolled copper tubing.

(14)

Additional requirements. The subdivider shall comply with all additional standard city requirements for the installation of water mains.

(Sec. 12.3.5)

(a)

General requirements. The applicant shall install wastewater sewer facilities in a manner prescribed by the city's construction standards and specifications. All plans shall be designed and approved in accordance with the rules, regulations, and standards of the development administrator or his designee. Necessary action shall be taken by the applicant to extend wastewater sewers for the purpose of providing sewer facilities to the subdivision.

(b)

Design criteria for wastewater sewers.

(1)

General guidelines. These design criteria are not intended to cover extraordinary situations. Deviations will be allowed and may be required in those instances when considered justified by the development administrator or his designee.

(2)

Sewer plans. All wastewater sewer plans must be in conformance with Standard Specifications for Water and Sewer Main Construction in Illinois (latest edition) (referenced as standard specifications, hereafter) and the Illinois Recommended Standards for Sewage Works, Part 370, latest edition. If there is a conflict between the specifications and these regulations, the more stringent provision shall apply.

(3)

Sewer pipe. Wastewater sewer pipe shall be SDR35 PVC conforming to ASTM D3034, with joints conforming to ASTM 3212. Service sewers and risers shall be SDR35 PVC conforming to ASTM D3034, with joints conforming to ASTM 3212.

(4)

Backfill. Selected granular backfill case III shall be type (CA-6) and shall be used at all locations where sewer mains and services are installed for the full depth under areas to be paved and shall extend three feet beyond all paved surfaces.

(5)

Embedment. Pipe embedment class III shall be used for all wastewater sewer mains and installed in accordance with ASTM D2321.

(6)

Air and deflection testing. Air and deflection testing of all new wastewater sewer mains shall be performed in accordance with Section 31.1.11 of the standard specifications. The contractor is required to provide all materials and manpower necessary for testing. The contractor shall notify the public works department when the testing takes place so that a city representative can be present.

(7)

Manholes. All manholes shall be type "A" in design and four feet in diameter, equipped with a-lock rubber gaskets. Risers and slabs shall be in accordance with ASTM C 478. Lifting holes shall be provided in the bases and risers. Lifting hooks shall be provided in flat slabs. Manhole steps shall be constructed of copolymer polypropylene plastic.

(8)

Manhole frames and lids. All manhole frames and lids shall be either Neenah type R-1916D, Deeter type 1270 series or East Jordan type 1058ZPT. The manhole lid shall have cast in the center the work "wastewater". Mastic sealant shall be applied between the concrete and flange of the frame before the lid bolts are tightened.

(9)

Minimum slope for wastewater service laterals/risers. Minimum slope for all wastewater service laterals shall be one-eighth inch per foot. Sewers installed greater than ten feet deep shall have a section of sewer service lateral and a plug installed from a T location to an elevation not less than eight feet below the finish grade.

(10)

Staking of service laterals. The end of each service lateral shall be marked with a treated two-inch by four-inch stake left at least three feet above the finished grade.

(11)

Switching flow. The contractor shall obtain approval from the city public works department before switching flow from the new sewer to the existing system.

(12)

Minimum diameter. All wastewater sewer mains shall be a minimum of eight inches in diameter. In certain instances, the development administrator or his designee may require wastewater mains to exceed eight inches in diameter. In these cases, the difference in material costs between an eight-inch main and the size required by the development administrator or his designee will be paid for by the city.

(13)

Building connections. All wastewater sewer connections to buildings shall be a minimum of six inches in diameter.

(14)

Additional standards. The subdivider shall comply with all additional standard city requirements for the installation of wastewater sewer mains.

(15)

Lift stations and force mains. If the design and construction of a sewer lift station and force pipe main are required, general specifications to construct such facilities must be obtained from the development administrator or his designee.

(Sec. 12.3.6)

(a)

Required improvements.

(1)

Sidewalks shall be included within the dedicated non-pavement right-of-way of roads when the planning commission or city council deem that sidewalks are necessary to ensure public safety. Sidewalks will be required on both sides of all public streets, near schools, in developments where the density exceeds four dwelling units per acre, and in shopping areas and similar public places. Owner(s) shall complete all new sidewalks in a development within two years of the city's acceptance of public improvements. City manager has the ability to modify the time frame of sidewalk completion with the execution of a developer agreement or a specific escrow account.

(2)

Construction standards.

(a)

Relationship to curb. The street-side edge of every sidewalk shall be located at least four feet from the curb to allow sufficient space for tree planting. Tree wells shall be provided.

(b)

Width. Residential sidewalks shall be at least four feet wide. Nonresidential sidewalks shall be at least five feet wide.

(c)

Thickness of concrete. All sidewalks shall be constructed of concrete at least four inches thick, except that across driveways the thickness shall be increased to six inches and/or number six reinforcing mesh shall be used.

(d)

Grade. No sidewalk shall be constructed at a grade steeper than ten percent. Cross slopes shall not exceed two percent and driveway grades shall be adjusted to maintain a maximum cross slope of two percent through the "sidewalk zone".

(e)

Ramps at intersections. When sidewalks are required curbs shall be cut and sidewalks shall be ramped at all intersections so as to enhance the mobility of handicapped individuals conforming to IDOT Highway Standard 4-24-001 curb ramps for sidewalks.

(b)

Pedestrian access. The city council may require, in order to facilitate pedestrian access from the roads to schools, parks, playgrounds or other nearby roads, perpetual unobstructed easements at least 20 feet in width. Easements shall be indicated on the plat.

(Sec. 12.3.7; Ord. No. 08-15, § 1, 8-18-08)

(a)

Gas, electric power, telephone, cable television and other utilities, except surface stormwater facilities, shall be located underground throughout the subdivision. Except, however, that the following shall be excluded from this requirement:

(1)

Poles used exclusively for street lighting.

(2)

Antennae, associated equipment and supporting structures, used for furnishing communication services.

(3)

Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts.

(4)

Temporary poles, overhead wires and associated overhead structures used for a period not to exceed six months which are necessary to provide utility service until the permanent service is completed.

(5)

Poles, wires and controller cabinets necessary for the operation of traffic signals.

(6)

Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts.

(7)

Other utility facilities which may be exempted by the city council based on a recommendation from the development administrator.

(b)

All utility facilities existing and proposed throughout the subdivision shall be shown on the preliminary plat. Underground service connections to the street property line of each platted lot shall be installed at the subdivider's expense.

(Sec. 12.3.8)

(a)

Parks.

(1)

Parks. The planning commission shall require that land be reserved for parks and playgrounds or other recreation purposes in locations designated by the Comprehensive Plan or official map. The area shall be shown and marked on the plat, "Reserved for Park and/or Recreation Purposes".

(2)

Park sites. The planning commission shall refer any subdivision proposed to contain a dedicated park to the city council for a recommendation. All land to be reserved for dedication to the city for park purposes shall have prior approval of the city council and shall be shown marked on the plat, "Reserved for Park and/or Recreation Purposes".

(3)

Greenspace requirements for multi-family projects. Multi-family projects shall provide greenspace in an amount determined according to the schedule provided in section 34-12-29(b)(3), with the provision that "number of lots" shall be replaced by "number of units" for the purposes of calculating the minimum greenspace requirement. The requirements for meaningful and accessible layout of greenspace shall also apply to multi-family projects.

(b)

Green space.

(1)

General green space requirements. In every proposed residential subdivision where the gross land area before subdivision exceeds six acres or the proposed subdivision contains 20 or more lots, the developer shall:

(i)

Dedicate or set aside green space for the use of residents in the subdivision. Such green space shall be owned, supervised and managed by the subdivision homeowners' association. All green space areas shall be included on the respective subdivision plats and appropriately integrated into the restrictive covenants for the subdivision.

(ii)

In lieu of green space provided within the subdivision, the applicant may provide a parks in-lieu development fee. This fee shall be paid to the city and be used by the city for the expansion and/ or improvement of existing or future city parks. The in-lieu fee shall be established within the Unified Fee Ordinance and specified in the fee resolutions. This fee may be updated as determined appropriate by the city council.

(2)

Specific requirements for green space within development. The green space shall consist of park, recreation or other green space, whether developed for recreational uses or not, but shall not include nor credit water retention, water detention or other storm water management areas. Every green space area shall be a minimum of 10,000 square feet in size and shall be configured to provide adequate space for meaningful passive or active recreation areas and not be merely remnants of land area not adequate for inclusion in a lot. The active recreational areas required to meet this provision shall not be less than 50 percent of the total area. Active space is defined as playground equipment, picnic tables and facilities, appropriately sized pavilions or other shelters. Passive improvements can include walkways, bikeways, exercise trail, and usable open spaces typical of recreational uses. Not more than 20 percent of the green space may be covered by impervious surfaces including, but not limited to, parking lots, tennis courts, buildings and other structures. Green space must be accessible to all lots via rights-of-way or easements to preclude having to cross private land.

(3)

Minimum green space requirements. The amount of green space provided by a subdivision shall be based on the following schedule:

(4)

Cumulative impact of adjacent subdivisions. Developers shall not avoid the green space requirements of this section by configuring proposed subdivisions into smaller parcels or attempting phased developments to avoid setting aside green space. When any parcel over six acres in size is proposed for subdivision into 19 or fewer lots, the gross land area of the proposed lots is less than six acres, and the remaining land is capable of division into two or more lots, the sub-divider shall provide green space in accordance with this section.

(5)

Other green space. The provisions of this section are minimum standards. None of the paragraphs above shall be construed as prohibiting a developer from providing other land for green space purposes in addition to the requirements of this section.

(c)

Other public uses.

(1)

Plat to provide for public uses. Except when an applicant utilizes planned development procedures in which land is set aside by the developer as required by the provisions of this Code, whenever a tract to be subdivided includes recreation uses, or other public use as indicated in any portion of the Comprehensive Plan or official map, the space shall be suitably incorporated by the applicant into its preliminary plat. After proper determination of its necessity by the city council and the appropriate city official of other public agency involved in the acquisition and use of each such site and a determination has been made to acquire the site by the public agency, the site shall be suitably incorporated by the applicant into the preliminary and final plats.

(2)

Referral to city council. The planning commission shall refer the preliminary plat to the city council for its consideration and report. The city council may propose alternate areas for such acquisition and shall allow the public body or agency 30 days for reply. The agency's recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition.

(3)

Notice to property owner. Upon receipt of an affirmative report, the city council shall notify the property owner and shall designate on the preliminary and final plats that area proposed to be acquired by the public body.

(4)

Duration of land reservation. The acquisition of land reserved by a public agency on the final plat shall be initiated within 12 months of notification, in writing, from the owner that he intends to develop the land. Such letter of intent shall be accompanied by a preliminary plat of the proposed development and a tentative schedule of construction. Failure on the part of the public agency to initiate acquisition within the prescribed 12 months shall result in the removal of the "reserved" designation form the property involved and the freeing of the property for development in accordance with these regulations.

(Sec. 12.3.9; Ord. No. 05-22, § 1, 10-3-05; Ord. No. 12-10, § 1, 5-21-12)

(a)

General. Existing features that would add value to residential development or to the city as a whole, such as trees, as herein defined, watercourses, historic spots and similar irreplaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed from any subdivision nor any change of grade of the land affected until approval of the preliminary plat has been granted. Any lot that retains trees should preserve trees of eight-inch caliper or more. When because of setbacks or other lot factors, the footprint of the house requires destruction of more than 25 percent of such trees, a new tree of at least two and one-half-inch caliper size should be planted for each lost tree. All trees on the plat required to be retained shall be preserved, and all trees where required shall be welled and protected against change of grade. The preliminary plat shall show the number and location of existing trees as required by these regulations and shall further indicate all those marked for retention and the location of all proposed street trees required along the street side of each lot as required by these regulations.

(b)

Street trees planted by developer.

(1)

As a requirement of subdivision approval the applicant shall plant street trees on the property of the subdivision. Such trees are to be planted within five feet of the right-of-way of the road or roads within and abutting the subdivision, or, at the discretion of the city council, within the right-of-way of such roads. One tree shall be planted for every 40 lineal feet of frontage along each road unless the city council shall grant a waiver. The waiver shall be granted only if there are trees growing along the right-of-way or on the abutting property which, in the opinion of the city council, comply with these regulations.

(2)

New trees to be provided pursuant to these regulations shall have a minimum caliper of two and one-half inches. Such trees shall be selected from among the species in the definition of approved street tree contained in section 34-2-3.

(c)

Shade tree easement and dedication. The preliminary plat and final plat shall reserve an easement authorizing the city to plant street trees within five feet of the required road right-of-way. No street shall be accepted for dedication until the development administrator or his designee shall inform the planning commission and city council that compliances, where necessary, has been made with these regulations.

(Section 12.3.10)

Unless the city council determines that exigent circumstances justify otherwise, every existing or future residential subdivision common ground or green space area shall continue to exist on a perpetual basis. This is to ensure the preservation of present and future subdivision common grounds in green space or land devoted to subdivision recreational activities, park-like areas, buffers or other open space in the respective subdivisions.

(a)

Existing and future subdivision common grounds and green space areas shall not be allowed to be split, subdivided or replatted. No subdivision common ground, or any portion thereof, shall be allowed to be combined with or transferred into any other tract of land, platted area or lot. Each subdivision common ground and green space area will continue to exist, on an ongoing basis, as a separate legal entity as it was originally platted in the establishment of the subdivision.

(b)

No residential structures or commercial buildings shall be permitted to be constructed on any subdivision common ground or green space area. Applicable subdivision restrictive covenants for the common grounds and green space areas will apply and govern the ongoing management and maintenance of the subdivision common grounds and green space areas.

(c)

It is envisioned that normally the subdivision common grounds will be established and maintained under the ongoing ownership of an entity of the respective subdivisions. If however, the ownership of a subdivision common ground area is transferred to another third party through a forced sale such as, delinquent taxes or other court ordered action, or any other type of land transfer, the restrictions of this section along with other applicable sections of this Code will continue to apply.

(Sec. 12.3.11)

(a)

General. If a proposed subdivision includes land that is zoned for commercial or industrial purposes, the layout of the subdivision with respect to the land shall make provision as the city council may require. A non-residential subdivision shall also be subject to all other requirements of this Code relative to site design and architectural review. A non-residential subdivision shall be subject to all the requirements of these regulations, as well as such additional standards required by the city council, and shall conform to the proposed land use and standards established in the Comprehensive Plan, official map and all provisions of this Code.

(b)

Standards. In addition to the principles and standards in these regulations, which are appropriate to the planning of all subdivisions, the applicant shall demonstrate to the satisfaction of the planning commission that the street, parcel and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following principles and standards shall be observed:

(1)

Proposed industrial parcels shall be suitable in area and dimensions to the types of industrial development anticipated.

(2)

Street rights-of-way and pavement shall be adequate to accommodate the type and volume of traffic anticipated to be generated thereupon.

(3)

Special requirements may be imposed by the city with respect to street, curb, gutter, and sidewalk design and construction.

(4)

Special requirements may be imposed by the city with respect to the installation of public utilities, including water, sewer, and storm water drainage.

(5)

Every effort shall be made to protect adjacent residential areas from potential nuisance from a proposed commercial or industrial subdivision, including the provision of extra depth in parcels backing up on existing or potential residential development and provisions for a permanently landscaped buffer strip when necessary.

(6)

Streets carrying non-residential traffic, especially truck traffic, shall not normally be extended to the boundaries of adjacent existing or potential residential areas.

(Sec. 12.3.12)