The purpose of this Division is to set forth the requirements for the mandatory protection of natural resources and permanently protected green space areas within the jurisdiction of this Chapter. In part, the provisions of this Division are designed to ensure the implementation of the adopted Moline Comprehensive Plan.

   This Division contains the standards which govern the protection, disturbance, and mitigation of disruption of all natural resource and other permanently protected green space areas. The provisions of this Division are intended to supplement those of the City of Moline, Rock Island County, the state of Illinois, and the Federal Government of the United States which pertain to natural resource protection. This Division recognizes the important and diverse benefits which natural resource features provide in terms of protecting the health, safety, and general welfare of the community. Each of the following sections is oriented to each natural resource type, and is designed to accomplish several objectives:

   (1)   First, a definition of the natural resource is provided.

   (2)   Second, the specific purposes of the protective regulations governing each natural resource type are provided.

   (3)   Third, the required method of identifying and determining the boundaries of the natural resource area is given.

   (4)   Fourth, mandatory protection requirements are identified.

   (5)   Fifth, where permitted, mitigation standards are provided.

   (a)   COMPLIANCE. All new development (including building construction, other site improvements, and/or site preparation), additions to existing development (including building construction, other site improvements and/or site preparation), along with all new subdivision plats, condominiums, and site plans, in all zoning districts, shall comply with the resource protection standards set forth in Table 35-4102.1.

   (b)   NATURAL RESOURCES TO REMAIN UNDISTURBED. All of the natural resources required to be protected under this Division shall remain undisturbed and in a natural state except those natural resources where mitigation is permitted and where that mitigation is in strict accord with those requirements set forth in this Division.

   (c)   DESTRUCTION OF EXISTING NATURAL RESOURCES. Removal of protected natural resources as defined in this Division from a property before any development approvals from the City are sought shall not be allowed unless the property owner obtains a site plan approval and meets the standards of this Division for natural resource preservation. All clear cutting and destruction of natural resource features shall:

   (1)   Require a site plan review and approval as per Sec. 35-2105, and shall be in compliance with the provisions of this Division.

   (2)   Be required to meet the protection levels described in this Division.

   (3)   Where such clear cutting and/or destruction violations occur, be required to meet the mitigation standards set forth under the provisions of this Division.

   (d)   NATURAL RESOURCE PROTECTION PLAN. If natural resource features defined and described in this Article are present on a property, a “Natural Resource Protection Plan” shall be submitted, which shall show the following:

   (1)   Proposed Name . The proposed name of the development.

   (2)   Location . The location of the proposed development.

   (3)   Name, Address and Telephone Numbers of the Owners, Subdividers, Lessee and/or Developer . The names, addresses and telephone numbers of the owners, subdividers, lessee and/or developer(s) of the property and of the designer of the plan.

   (4)   Date . Date of the “Natural Resource Plan” submittal and all applicable revision dates.

   (5)   Site Boundary . The boundary line of the site with dimensions and bearings, indicated by a solid line, and the total land area encompassed by the site.

   (6)   Lot Lines, Right-of-Way lines, and Easements . The location of all proposed lot lines, right-of-way lines, and easements.

   (7)   Existing Streets. The location, ownership, widths, and names (if available) of all existing and previously platted streets, rights-of-way, parks, and other public or open spaces located within or adjacent to the subject property.

   (8)   Easements and Neighboring Property Boundaries . The location and dimensions of all permanent easements and the subject property boundary lines adjacent to the site.

   (9)   Location and Extent of Existing Natural Resource Features . The location and extent of any existing natural resource features defined and described in this Article. Each individual resource area on the site shall be shown graphically on the “Natural Resource Protection Plan.”

   (10)   Disturbed and Preserved Natural Resource Features . Graphic and numerical illustration shown on the “Natural Resource Protection Plan” of those existing natural resource features that will be disturbed and those that will be preserved and showing on the illustration the area (in square feet or acres) of each existing resource and those areas of resources that are to be preserved. Numerical data may be shown in tabular form with labeled reference to specific areas designated on the “Natural Resource Protection Plan.” Any areas of the site where natural resources are to be mitigated and how and where the mitigation is to take place with natural resource protection easements shall be indicated.

   (11)   Method of Natural Resource Preservation . Graphic illustration and notes related to how those natural resource features, which are to be preserved, will actually be preserved (conservation easements, deed restrictions, protective covenants, etc.).

   (12)   Scale, North Arrow, Contours . A drawing legend containing the scale appropriate to the size of the Site Plan, the date of preparation, north arrow, and designation of existing and proposed contours at a maximum two foot contour interval.

   (a)   NATURAL RESOURCES MEASUREMENT. All land area within a proposed development, site plan, subdivision plat, or condominium consisting of the natural resource features defined in this Division shall be accurately measured by the petitioner. The total square feet and acreage of each natural resource feature shall be multiplied by its respective "Natural Resource Protection Standard" as set forth in Table 35-4102.1. to determine the amount of each natural resource feature to be protected by a conservation easement. If two or more natural resource features are present on the same area of land, only the most restrictive natural resource protection standard shall be used.

   (a)   INTENT OF MITIGATION. The City of Moline recognizes that property owners, subdividers, or condominium developers may wish to develop in portions of those protected natural resource feature areas shown as eligible for mitigation in Table 35-4102.1. Provisions in this Division set forth the conditions for mitigation and mitigation standards for the various natural resource features for which mitigation is allowed under the provisions of Table 35-4102.1. The intent of these provisions is not to permit greater destruction of natural resource features than is permitted under the requirements of this Division for a typical property or development. This Division sets specific standards for use when the extent of the natural resources on a site and the use of the regulations would create a major hardship for said natural resource feature protection. Thus, mitigation is intended to be used instead of a variance request when severe hardships would result from the strict enforcement of the natural resource protection standards and requirements set forth in this Division.

   (b)   OFF-SITE MITIGATION. Off-site mitigation may be permitted if such off-site mitigation occurs within the same watershed as the natural resource feature, or property, being mitigated and follows the methods, requirements, standards, and/or criteria set forth under this Division. All permitted off-site mitigation shall occur within the corporate limits of the City of Moline.

   (a)   DEFINITION .   Three categories of steep slopes are defined herein for use in this Ordinance. These categories are based upon the relative degree of the steepness of the slope as follows:

   (1)   Slopes of 20% to 30% inclusive.

   (2)   Slopes greater than 30%.

   (3)   No land shall be considered a steep slope unless the steep slope area has at least a 20% vertical drop and has a minimum area of 5000 square feet.

   (b)   PURPOSE . Steep slopes are particularly susceptible to damage resulting from site disruption, primarily related to soil erosion. Such damage is likely to spread to areas which were not originally disturbed. Such erosion reduces the productivity of the soil, results in exacerbated erosion downhill, and results in increased sedimentation in drainageways, wetlands, streams, ponds and lakes. Beyond adversely affecting the environmental functions of these resource areas, such sedimentation also increases flood hazards by reducing the flood water storage capacity of hydrological system components, thus elevating the flood level of the drainage system in affected areas. Beyond these threats to the public safety, disruption of steep slopes also increases the likelihood of slippage and slumping – unstable soil movements which may threaten adjacent properties, buildings, and public facilities such as roads and utilities.

   (c)   DETERMINATION OF PRESENCE .    Steep slopes are to be determined by using the following sources and/or methods in the order indicated below. If the first source is considered inaccurate or inappropriate, as determined by the zoning administrator, the succeeding source shall be used:

   (1)   A topographic survey prepared by and certified by an Illinois registered land surveyor, at the petitioner’s expense, at a contour interval of not less than 2 feet.

   (2)   Topographic maps on file with the City of Moline.

   (3)   U.S.G.S. 7.5-minute topographic quadrangle maps.

   The area of steep slopes (in square feet or acres) shall be measured and graphically delineated on a topographic drawing and on the "Natural Resource Protection Plan." Such steep slope drawing shall graphically indicate those steep slope areas, by slope type, of the property pursuant to the "steep slope" definition set forth in this Section.

   (d)   PROTECTION STANDARDS. Steep slope areas shall be retained to the extent shown on Table 35-4102.1. Protected portions of steep slopes shall remain in an undisturbed state except for the land uses permitted per the requirements of Sec. 35-3420.

   (a)   DEFINITION.

   (1)   Woodlands, young . An area or stand of trees whose total combined canopy covers an area of one-half acre or more and at least 50% of which is composed of canopies of trees having a diameter at breast height (DBH) of at least three inches. However, no trees grown for commercial purposes shall be considered a young woodland.

   (2)   Woodlands, mature . An area or stand of trees whose total combined canopy covers an area of one acre or more and at least 50% of which is composed of canopies of trees having a diameter at breast height (DBH) of at least 10 inches; or any grove consisting of eight or more individual trees having a DBH of at least 12 inches whose combined canopies cover at least 50% of the area encompassed by the grove. However, no trees grown for commercial purposes should be considered a mature woodland.

   (3)   Woodlands include all tree species listed as large, deciduous trees and evergreen trees as listed in Appendix A.

   (b)   PURPOSE. Woodlands provide a wide variety of environmental functions. These include atmospheric benefits such as removing air-borne pollutants, carbon dioxide uptake, oxygen production, and evapotranspiration returns. Water quality benefits include substantial nutrient uptake rates (particularly for nitrogen and phosphorus) and surface runoff reduction in terms of both volumes and velocities. Woodlands provide unique wildlife habitats and food sources. Woodlands are excellent soil stabilizers, greatly reducing runoff-related soil erosion. Woodlands also serve to reduce wind velocities which further reduces soil erosion. Finally, under proper management techniques, woodlands serve as regenerative fuel sources.

   (c)   DETERMINATION OF PRESENCE.

   (1)   The determination of woodland and forest boundaries shall be determined by using the following sources and/or methods in the order indicated below. If the first source is considered inaccurate or inappropriate by the zoning administrator the succeeding source shall be used:

      a.   A field survey of trees compiled at the petitioner’s expense by a registered land surveyor and identified by a landscape architect, forester, arborist, or botanist with a professional degree in one of those fields of endeavor.

      b.   The most recent 1" = 400' (or higher resolution) aerial photographs prepared by the City of Moline.

   (2)   Each woodland and forest area shall include the tree trunk and the area located within the    drip line or tree canopy. The area of woodlands and forests (mature and young), in square feet or acres, shall be measured and graphically delineated on the “Natural Resource Protection Plan.” Such woodland and forest area drawing shall indicate all woodland and forest areas of the property meeting the minimum size criteria established by the definitions of woodlands (mature and young) in this section. In cases where the drip line or canopy areas overlap, the areas of overlap shall only be counted once. In cases where drip line or canopy areas overlap property lines, the property line(s) are to be used as the boundary for the woodland or forest area, with only that portion of the drip line area located on the subject property counted toward the woodland or forest area. The location, size, and summary of species types of all healthy trees having a diameter at breast height (DBH) of 10 inches or greater that are located in woodland and forest areas within 25 feet of any proposed improvement and/or in woodland and forest areas to be demolished due to the placement of improvements or grading are to be graphically shown on the “Natural Resource Protection Plan” or submitted as a separate drawing. For the remaining undisturbed areas of the site whether they are mature or young woodlands is required. The “Natural Resource Protection Plan” shall include an estimate of the percentage of all healthy trees within each woodland or forest area that have a Diameter Breast Height (DBH) 10 inches or greater.

   (d)   PROTECTION STANDARDS. Woodland areas shall be retained to the extent shown on Table 35-4102.1. Protected portions of woodlands shall remain in an undisturbed state except for the land uses permitted per the requirements of Sec. 35-3420.

   (e)   MITIGATION. Woodlands and forest areas may be mitigated under either of the following two alternative requirements applicable to the mitigation of woodland and forest areas, except that the zoning administrator may approve different sizes and types of plantings in mitigation areas where site conditions or context warrant:

   (1)   Alternative 1:

      a.   Mitigation shall include the planting of 1.25 acres of new woodland/forest for every one acre of disturbed woodland/forest for which mitigation is required.

      b.   Mitigation shall include the replacement of woodlands/forests disturbed. Such mitigation shall consist of the planting of new woodland/forest areas, as specified above, using the following numbers of plants per acre of mitigated area:

            15 canopy trees, minimum 3.5-inch caliper*

            12 canopy trees, minimum 2-inch caliper

            250 canopy trees, minimum 4-foot high whips

            50 understory trees, minimum 5-foot high whips

            25 shrubs, minimum 12-inches high

         *Note: Each 3.5-inch caliper canopy tree may be substituted with two 1.5-inch caliper canopy trees.

      c.   All mitigation shall be in addition to landscaping required under Division 2 of Article V of this Code.

   (2)   Alternative 2:  

      a.   Mitigation shall include the planting of 1.50 acres of new woodland/forest for every one acre of disturbed woodland/forest for which mitigation is required.

      b.   Mitigation shall include the replacement of woodlands/forests disturbed. Such mitigation shall consist of the planting of new woodland/forest areas, as specified above, using the following number of plants per acre of mitigated area:

            12 canopy trees, minimum 3.5-inch caliper*

            10 canopy trees, minimum 2-inch caliper

            200 canopy trees, minimum 4-foot high whips

            40 understory trees, minimum 5-foot high whips

            20 shrubs, minimum 12-inches high

         *Note: Each 3.5-inch caliper canopy tree may be substituted with two 1.5-inch caliper canopy trees.

      c.   All mitigation shall be in addition to landscaping required under Division 2 of Article V of this Code.

   (3)   The species of plants to be used in the mitigation of woodlands/forests shall be similar to those destroyed and a minimum mix of six species are to be planted. Acceptable species for woodland and forest mitigation are as indicated in Table 35-4106.1. No more than 80% of the total number of trees planted for mitigation purposes, however, shall be of any single species.

   (4)   The land upon which the mitigation is to take place shall be protected with a deed restriction and conservation easement as a permanent natural resource features conservation easement.

   (5)   No tree cutting or removal, after the adoption of this Code, shall reduce the woodland/forest natural resource features protection requirements of this Code.

 

   (a)   DEFINITION. A course of running water, either perennial or intermittent, flowing in a channel.

   (b)   PURPOSE. Drainageways serve in the transporting of surface runoff to downstream areas. As such, drainageways serve to carry surface waters, supplement floodplain, wetland, and water storage functions in heavy storm or melt events, filter water-borne pollutants and sediments, promote infiltration and groundwater recharging, and provide a unique habitat at the land/water margin. Drainageway protection requirements preserve each of these functions as well as greatly reducing the potential for soil erosion along drainageways by protecting vegetative groundcover in areas which are susceptible to variable runoff flows and moderate to rapid water movement.

   (c)   DETERMINATION OF PRESENCE. Drainageways are to be determined by using the definition of "Drainageway" as set forth in Division 2 of Article I of this ordinance and the sources in the order indicated below. If the first source is considered inaccurate or inappropriate, as determined by the zoning administrator, the succeeding source shall be used:

   (1)   A topographic survey prepared at the petitioner’s expense by and certified by an Illinois registered land surveyor at a contour interval of not less than 2 feet.

   (2)   Topographic maps on file with the City of Moline.

   (3)   U.S.G.S. 7.5-minute topographic quadrangle maps.

   The area of drainageways (in square feet and acres) shall be measured and graphically delineated on the "Natural Resource Protection Plan."

   (d)   PROTECTION STANDARDS. Drainageways shall be protected as indicated on Table 35-4102.1. Protected portions of drainageways shall remain in an undisturbed state except for the land use permitted per the requirements of Sec. 35-3420.

   (e)   MITIGATION. Drainageway mitigation may be permitted under the requirements of the Illinois State Statutes, and administrative rules promulgated by the Illinois Department of Natural Resources (IDNR). If such statute or rules do not provide sufficient guidance on required mitigation, the City shall require the preparation and submittal of a wetland mitigation plan by a professional wetland mitigation specialist, and the petitioner shall be responsible for all costs necessary for the City to conduct a professional review of the mitigation plan. In addition, a permit from the U.S. Army Corps of Engineers pursuant to the requirements of Section 404 of the Clean Water Act (33 U.S.C. 1344) and/or the IDNR shall be submitted to the City of Moline certifying that the filling has been approved and permitted by the Corps and/or IDNR. Alternatively, the applicant must obtain and provide to the City written correspondence from said agencies that a state or federal permit is not required, as a condition of City review.

   (a)   DEFINITION. All of the land area located within 75 feet inland of the ordinary high water mark of all ponds, streams, lakes, wetlands, and navigable high water mark of all rivers. 

   (b)   PURPOSE. Shore buffers serve to protect land/water margins from erosion due to site disruption. Because of regular contact with wave action, currents, and runoff, such areas are highly susceptible to continuous, and in some cases, rapid erosion. Shore protection also provides a natural vegetation buffer which serves to reduce water velocities and wave energy, and filters significant amounts of water-borne pollutants and sediments. Shore buffers also promote infiltration and groundwater recharging, and provide a unique habitat at the land/water margin.

   (c)   DETERMINATION OF PRESENCE. Shore buffers are to be determined as the land within 75 feet of the ordinary high water mark of all navigable waters and parallel to that ordinary highwater mark, where required. Navigable waters are to be determined by using the definition of "Navigable Water" set forth in Division 2 of Article I and the sources in the order indicated below. If the first source is considered inaccurate or inappropriate, as determined by the zoning administrator, the succeeding source shall be used:

   (1)   A topographic survey prepared at the petitioner’s expense by and certified by an Illinois registered land surveyor at a contour interval of not less than 2 feet.

   (2)   Topographic maps on file with the City of Moline.

   (3)   U.S.G.S. 7.5-minute topographic quadrangle maps.

   The area of shore buffers (in square feet and acres) shall be measured and graphically delineated on the "Natural Resource Protection Plan.”

   (d)   PROTECTION STANDARDS. With the exception of the activities permitted below, shore areas shall remain in undisturbed state, except for the land uses permitted per the requirements of Sec. 35-3420.

   (1)   Tree Removal.

      a.   Purpose. The intent and purpose of this subsection is to preserve the City's character as a natural wooded community, maintain property values by improving and preserving the aesthetic appeal of the City through tree regulations, preserve the natural resources of the City and State, reduce the amount of erosion in the City due to tree removal, protect the quality of the waters of the State and the City, and protect and promote the health, safety and welfare of the people by minimizing the amount of sediment and other pollutants carried by runoff to surface waters due to the erosion of land not protected by a naturally wooded environment.

      b.   Clear-Cutting Prohibition.

         1.   Waterfront Shoreland Areas. In a strip of land 35 feet wide inland from the bulkhead line, no more than 30 feet in any 100 feet shall be clear-cut.    Where the lot is less than 100 feet, no more than 30% of this strip shall be clear-cut. Natural shrubbery shall be preserved as far as practicable and, where removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty.

         2.   Tree Preservation Area. Except for circumstances identified under paragraph c., below, it is prohibited to remove any tree or cause any trees to be removed from the tree preservation area of each lot. During construction, no equipment movement, construction or placement of equipment or material storage shall be permitted in the tree preservation    area.

      c.   Cutting Exceptions.

         1.   Trees may be removed from the building activities area. This area shall be as small as possible, including the entire area affected by building, grading, and temporary material storage areas. In no case shall the amount of trees with a 6- inch tree diameter removed within the building activities area exceed the following:

            (a)   80% of the total of such trees on lots of 1/4 acre or less.

            (b)   60% of the total of such trees on lots of ¼ acre to one acre, except in the C-2 District.

            (c)   40% of the total of such trees on lots of one acre to 2.5 acres, except in the C-2 District.

            (d)   20% of the total of such trees on lots of 2.5 acres or more, except in the C-2 District.

            (e)   10% of the total of such trees on all lots in the C-2 District.

         2.   Trees removed in excess of the above will require a tree removal permit.    Conditions under which a permit may be issued include, but will not be limited to, the following:

            (a)   The tree is dead, dying or diseased.

            (b)   The tree is damaged or injured to the extent that it is likely to die or become diseased.

            (c)   The removal of the tree will enhance the tree preservation area and the health of the remaining trees.

            (d)   The removal of the tree will avoid or alleviate an economic hardship or hardship of another nature to the property or residences.

            (e)   The removal of the tree is consistent with good arboriculture practices.

   (2)   Replacement Trees . When in keeping with good arboriculture practices, replacement trees shall be planted for all removed trees. They may be planted in the tree preservation area or in the building activities area after the initial construction activities are completed. All replacement trees shall be planted within 30 days of final grading or as soon as practicable thereafter as determined by the zoning administrator. The determination of good arboriculture shall be based on tree density and spacing of Table 35-4108.1.

   (3)   Penalties . Any person violating any provision of this section shall be subject to a penalty per tree illegally cut or removed, which shall be determined by the assessed value of the trees removed. The assessed value shall be determined in accordance with the “Manual for Plant Appraisers,” published by the Council of Tree and Landscape Appraisers, most recent edition. In addition, a replacement tree shall be planted, of equivalent caliper, to replace each tree cut illegally.

 

   (a)   DEFINITION. Isolated wetlands are those areas where water is at, near, or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions that are no longer under regulation by the Federal Clean Water Act administered by the U. S. Army Corps of Engineers (Corps). For "jurisdictional wetlands" under Corps regulation, please refer to the Rock Island Corps website: http://www.mvr.usace.army.mil/.

   (b)   PURPOSE. These provisions are intended to maintain safe and healthful conditions; prevent water pollution; protect wildlife habitat; manage flooding; protect personal property and real estate; and control building and development in wetlands no longer under regulation by the federal Clean Water Act administered by the Corps. When development is permitted in isolated wetland areas, the development should occur in a manner that minimizes adverse impacts upon the wetland.

   (c)   DETERMINATION OF PRESENCE. Wetland areas shall be determined at the petitioner’s expense by a field survey and mapping of plant material by a botanist with a professional degree in either botany or biology. The area of wetlands (in square feet and acres) shall be measured and graphically delineated on the “Natural Resource Protection Plan.”

   (d)   PROTECTION STANDARDS. Wetlands shall be protected as indicated in Table 35-4102.1. Protected portions of wetlands shall remain in an undisturbed state except for the land use permitted per the requirements of Sec. 35-3420.

   (e)   MITIGATION. Wetlands mitigation may be permitted under the requirements of the Illinois State Statutes, and administrative rules promulgated by the Illinois Department of Natural Resources (IDNR) under that Section. If such statute or rules do not provide sufficient guidance on required mitigation, the City shall require the preparation and submittal of a wetland mitigation plan by a professional wetland mitigation specialist, and the petitioner shall be responsible for all costs necessary for the City to conduct a professional review of the mitigation plan. In addition, a permit from the U.S. Army Corps of Engineers pursuant to the requirements of Section 404 of the Clean Water Act (33 U.S.C. 1344) and/or the IDNR shall be submitted to the City of Moline certifying that filling has been approved and permitted by the Corps and/or IDNR. Alternatively, the petitioner must obtain and provide to the City written correspondence from said agencies that a state or federal permit is not required, as a condition of City review.

   The infrastructure and public improvement standards of this division establish requirements for designing and installing infrastructure and improvements in all developments. These standards are intended to:

   (1)   Protect the public health, safety and welfare;

   (2)   Promote the orderly growth and development of the City; and

   (3)   Ensure the timely and coordinated provision of required transportation improvements, utilities and other public facilities and services to new subdivisions and developments.

   The infrastructure and public improvement standards of this division apply to any activity that requires one or more of the following permits or approvals:

   (1)   Minor Subdivision (see Sec. 35-2108);

   (2)   Major Subdivision (see Sec. 35-2209);

   (3)   Site Plan Review (see Sec. 35-2105);

   (4)   Planned Unit Development (see Sec. 35-2205);

   (5)   Special Use Permit (see Sec. 35-2206); or

   (6)   Building Permit (see Sec. 35-2103) for a principal structure or principal use.

   All developments must be designed and laid out in accordance with:

   (1)   The Comprehensive Plan;

   (2)   All applicable City ordinances, including this Zoning and Land Development Code; and

   (3)   All applicable laws and regulations of the federal government and the State of Illinois.

   Development approval may be withheld for land on which there is evidence of harmful or hazardous conditions until a plan sufficient to alleviate the identified hazard has been submitted by the applicant and approved by the City. Harmful or hazardous conditions may be due to flooding, poor drainage, steep slopes, adverse soil conditions, or other features that will be harmful or hazardous to the health safety, and general welfare of the inhabitants of the development or surrounding areas.

   (a)   Developers are responsible for the construction and installation of infrastructure and public improvements, in accordance with the standards of this Code. Such infrastructure and improvements include but are not limited to the following:

   (1)   Survey monuments;

   (2)   Streets within the development and improvements to existing streets that border the development;

   (3)   Sidewalks;

   (4)   Water distribution and wastewater collection systems;

   (5)   Grading, surface drainage and erosion control measures;

   (6)   Stormwater management improvements;

   (7)   Utilities; and

   (8)   Any other on- or off-site infrastructure or improvements required by this Code or required at the time of subdivision plat, site plan, PUD, special use permit or other development approval.

   (b)   If a developer files a final plat or site plan for only a portion of development for which a preliminary plat or overall development plan was approved, the infrastructure and improvements required to be constructed, installed, and maintained are those improvements that the City engineer determines to be necessary to serve the lots shown on the final plat or site plan.

   (c)   All improvements must be designed and installed so as to provide for a logical inter-connected system of infrastructure and to create continuity of improvements for the development of adjacent properties.

   (d)   Upon installation and construction of all required infrastructure and improvements, the developer may seek acceptance of improvements to be dedicated to the public by submitting to the City engineer the required number of as-built (record) plans. In addition, the developer must provide a statement signed by an Illinois licensed registered professional engineer indicating that all required improvements have been installed and constructed in accordance with the submitted as-built plans.

   (e)   The developer is responsible for maintenance of all required infrastructure and improvements, including rights-of-way, to the standards of this Code until such time as the City, another unit of government, a property owners association, lot owner, or other legal entity assumes formal, legal responsibility for maintenance of the infrastructure and improvements. Final plats must include the developer’s signed and notarized acknowledgement of this responsibility.

   (f)   It is the subdivider’s responsibility to notify the appropriate public utilities. Proof of notification shall be submitted with the preliminary plat to the City for City approval.

   The documents that make up the City’s official map must be adopted by the City Council and filed in the office of the City clerk. The official map is made part of this Code by reference. The Comprehensive Plan and other adopted plans and studies serve as the City’s Official Map.

   (a)   Dedications. Land must be dedicated for public street rights-of-way within the development and for public street rights-of-way that abut the development.

   (b)   Reservations. Besides requiring that developers dedicate land for public street rights-of-way, developers may also be required to reserve lands identified on the Official Map for possible acquisition by the City or other public agency. Land may not be required to be reserved for more than 12 months.

   Easements must be provided by the developer when the City engineer determines that such easements are necessary to accommodate utilities, drainage facilities (surface or subsurface), best management practices, pedestrian access, emergency vehicle access or other required improvements. The City engineer is authorized to establish the location and size of easements.

   All infrastructure and public improvements must be constructed in accordance with the most recent edition of the following:

   (1)   City of Moline Supplemental Specifications, which govern in the case of conflict with any of the specifications contained in the manuals referred to in Sec. 35-4208(1) through Sec. 35-4208(9). These Supplemental Specifications are available for public inspection in the office of the City engineer or online;

   (2)   IDOT’s Standard Specifications for Road and Bridge Construction, including the Supplemental Specifications and Recurring Special Provisions;

   (3)   IEPA’s Recommended Standards for Sewage Works and Design Criteria for Pressure Sewer Systems;

   (4)   The Federal Highway Administration’s Manual on Uniform Traffic Control Devices;

   (5)   American Association of State Highway and Transportation Officials’ A Policy on Geometric Design of Highways and Streets (“Green Book”);

   (6)   The American Society for Testing and Materials’ Manual of Test Procedures of Materials;

   (7)   The Association of Illinois Soil and Water Conservation Districts’ Procedures and Standards for Urban Soil Erosion and Sedimentation Control in Illinois (“Green Book”);

   (8)   IEPA’S Standards and Specifications for Soil Erosion and Sediment Control (“Yellow Book”); and

   (9)   The Illinois Society of Professional engineers’ Standard Specifications for Water & Sewer Main Construction in Illinois.

   (a)   PURPOSE. Performance guarantee and security requirements are established for the purpose of ensuring that developers properly install infrastructure and improvements required by this Code in a timely manner, in accordance with approved plans.

   (b)   TERM OF AGREEMENT. The term of a performance guarantee may not exceed 2 years. If the developer has not completed the required infrastructure and public improvements within the 2-year period, the City engineer is authorized to approve one extension of up to 6 months in duration. Any additional extensions or extensions of a longer duration require approval of the plan commission. Decision-making bodies are authorized to require updated improvement cost estimates and additional security as a condition of any extension granted.

   (c)   FORM AND AMOUNT OF SECURITY.

   (1)   Security must be in the form of an irrevocable letter of credit, cash or other instrument readily convertible to cash, which includes, but is not limited to, a performance bond, as approved by the City attorney. The performance guarantee and security must be conditioned upon the performance of all work necessary to complete the required infrastructure and improvements. Said Security must be posted with the City clerk. Suggested language for such security may be found in the written administrative policies and supplemental procedures pertaining to the processing of subdivision applications maintained by the zoning administrator.

   (2)   The estimated total cost of required infrastructure and improvements must be itemized by improvement type and certified by the developer’s Illinois licensed registered professional engineer. Cost estimates must be based on industry norms within Moline.

   (3)   The amount of the performance guarantee must equal at least 110% of the estimated total cost of the required infrastructure and improvements, plus all required inspection fees.

   (4)   No personal shall be eligible to act as surety unless such person has been approved by the State of Illinois to act as a surety on public works improvements.

   (d)   DEFAULT AND USE OF SECURITY. If the developer fails to properly install required infrastructure and improvements within the term of the guarantee and any approved extension, the guarantee will be deemed in default. In the case of default, the City is authorized to foreclose upon the security funds to fund completion of the required infrastructure and improvements or to contract for installation of the required infrastructure and improvements. If the cost of completing the required infrastructure and improvements exceeds the security amount, the developer is liable for payment of all excess costs. Any foreclosed security funds will be subject to an administrative fee that reflects the City’s actual costs associated with preparing bid documents and preparing and administering a contract for the work to be completed.

   (e)   RELEASE OF SECURITY. The security must be released once all of the following occur:

   (1)   The conditions of the performance guarantee have been completed to the satisfaction of all agencies with jurisdiction over the improvements.

   (2)   Any required maintenance guarantee has been provided in accordance with Sec. 35-4210;

   (3)   A final inspection has been conducted by the City engineer or other qualified professional selected by the City engineer and retained by the developer;

   (4)   Written evidence has been submitted that all owners of the infrastructure and improvements have accepted ownership of the improvements and have assumed responsibility for maintenance;

   (5)   The developer has provided as-built plans showing monuments, streets, curbs, sidewalks and all other infrastructure and public improvements as they were installed; and

   (6)   All required certifications of completion have been provided.

   (a)   PURPOSE. Maintenance guarantees and security are required for the purpose of ensuring that infrastructure and public improvements are properly constructed and remain in sound condition for a reasonable period of time after construction or installation.

   (b)   TIMING. A maintenance guarantee and required security must be in place before any required performance security is released.

   (c)   TERM OF AGREEMENT. The maintenance guarantee agreement must run and be in force for a term of at least one year from the date of release of the performance security.

   (d)   AGREEMENT. Required maintenance guarantees must stipulate that the developer guarantees the satisfactory condition of required infrastructure and improvements for the term of the maintenance guarantee and agrees to correct any defects that may arise during the term of the maintenance agreement.

   (e)   AMOUNT OF SECURITY. The amount of the maintenance security must be at least 20% of the total cost of all required infrastructure and improvements. The estimated cost of the required improvements must be itemized and certified by the developer’s Illinois licensed registered professional engineer. Cost estimates must be based on industry norms within Moline.

   (f)   USE OF SECURITY. If required infrastructure and improvements are found to be defective, the City may perform the replacement or repairs utilizing the maintenance security to fund the work. Prior to performing required repairs or replacement, the City engineer must notify the developer by certified mail of the intent to utilize the maintenance guarantee security. If the developer has not performed the maintenance within 90 days of the date that notice is mailed, the City is authorized to take the steps necessary to perform the work and utilize the maintenance guarantee security to fund the work. If the cost of repairs/replacement exceeds the security amount, the developer is liable for payment of all excess costs.

   (g)   RELEASE OF SECURITY. All remaining security funds must be released at the end of the guarantee period.

   (a)   Establishment of Legal Entity. The perpetual maintenance of any common areas and private improvements (e.g., streets, stormwater facilities, open space, recreational facilities, or other infrastructure or improvements) within a development must be provided for by a legal entity that is established by the developer and approved by the decision-making body.

   (b)   Property Owners Association. If multiple property owners will be responsible for perpetual maintenance and control of common areas and private improvements within a development, a property owners association must be established.

   (c)   Deed Restriction. If the entire development is to remain under single ownership or if a trust or other legal entity is established for ownership and maintenance, the developer must file a deed restriction with the county recorder of deeds providing for the legal entity to be responsible for ownership and perpetual maintenance of common areas and private improvements.

   (d)   Declarations and Covenants. Decision-making bodies are authorized to require the establishment of declarations and covenants within property owner’s association documents guaranteeing ongoing maintenance of common areas and private improvements. Among the declarations and covenants that may be required are provisions authorizing the City to correct maintenance deficiencies and to recover actual costs and any legal fees from the subject property owners in the event that maintenance duties are not carried out. The City may also require City approval before any amendments are made to the declarations and covenants.

   (e)   Documentation.

   (1)   Documents providing for the establishment of the legal entity and any required declarations and covenants must be submitted to the City attorney before approval and recordation of any required final plat. If a plat is not required, required documents must be submitted to the City attorney before approval of required building permits.

   (2)   The City’s review is limited to ensuring that the legal entity has clear legal authority to maintain and exercise control over the common areas and facilities, including the power to compel contributions from property owners to cover their proportionate share of the costs associated with the maintenance of the common areas and facilities.

   (a)   General.

   (1)   The size, shape and orientation of lots must comply with applicable zoning district regulations, be appropriate for the location, topography and physical features present and be of sufficient size to accommodate an adequate buildable area and area for required setbacks, off-street parking, and service facilities required by the type of use and development proposed.

   (2)   Minimum lot area, lot dimensions, and building setbacks must conform to applicable zoning district requirements.

   (3)   Side lot lines must be at or approximately at right angles (within 80 to 100 degrees) to street right-of-way lines or radial to curved street right-of-way lines.

   (b)   Flag Lots.

   (1)   The creation of flag lots is prohibited, except that flag lots may be approved when the authorized decision-making body determines that a flag lot is necessary to address one or more of the following circumstances:

      a.   To avoid direct access onto a major street;

      b.   When a property owner demonstrates that, because of the irregular shape of a tract or its difficult topography or for some other substantial reason, the creation of a flag lot is reasonably necessary to avoid extreme hardship to the property owner and can be accomplished without creating substantial adverse effects on neighboring properties or the public health or safety;

      c.   When a flag lot would provide greater protection of natural resources areas; or

      d.   To help hide or conceal utility buildings/substations, or radio, television or telecommunication towers.

   (2)   A flag lot may not be created if the effect is to increase the number of access points onto a major street.

   (3)   A flag lot may be used only for a single-family detached dwelling (including any uninhabited accessory structures); a utility; or a radio, television, or telecommunication tower (when permitted by zoning).

   (4)   The flagpole section of the flag lot may not exceed 200 feet in length.

   (5)   The flagpole section of the lot must have a minimum width of at least 20 feet for its entire length.

   (6)   Use of a single driveway to serve abutting flag lots or to serve a flag lot and an abutting conventional lot is permitted and encouraged. In the latter case, the preferred location for the driveway is on the flagpole portion of the flag lot, with the conventional lot granted an access easement over the flagpole portion of the lot.

   (c)   Lot Access. Land must be subdivided in such a way that each lot abuts a street that complies with the standards of this Code.

   (d)   Access to Arterial Streets. If a property with frontage along an arterial street is proposed to be subdivided or developed, decision-making bodies are authorized to restrict access to the arterial street and require one or more of the following:

   (1)   The subdivision of through lots that they back onto the arterial street and front onto and take access from a parallel street, coupled with the installation of a fence, wall or vegetative screening along the arterial street frontage;

   (2)   Provision of and access to a frontage road separated from the arterial street; or

   (3)   A cross-access easement provided by the owner of subject property to adjoining properties that front on the same arterial street.

   (e)   Unbuildable Lots. This code recognizes that it may occasionally be in the public interest to create lots that will not be built upon. Such lots may be used as common areas for stormwater detention, common recreation, private rights-of-way or other similar purposes, subject to the common area maintenance provisions of Sec. 35-4211. If declared unbuildable by means of restrictive covenants or other recorded legal document approved by the City attorney, unbuildable lots are exempt from the lot regulations of this section (Sec. 35-4212).

   (a)   Blocks must have a width that accommodates two rows of lots, except when reverse frontage along major streets is provided or where prevented by topographic conditions, property size or location next to railroad or water body.

   (b)   Blocks must be laid out in a pattern that ensures the connectivity of streets, provides for efficient provision of public and safety services and establishes efficient and logical routes between residences, nonresidential destinations and public gathering places.

   (c)   To provide multiple motorized and nonmotorized travel routes within and between neighborhoods, blocks along local and collector streets in residential subdivisions may not exceed 660 feet in length. Decision-making bodies are authorized to allow longer block lengths in nonresidential and low-density residential subdivisions or when topography, natural resources or other physical constraints make short block lengths undesirable or impractical. Decision-making bodies are authorized to condition the allowance of longer block lengths on the provision of emergency vehicle access routes, mid-block pedestrian connections (easements), crosswalks and other access features that provide safe and convenient motorized and non-motorized access to schools, playgrounds, shopping areas, transportation routes and other community facilities. Block lengths are measured from street centerline to street centerline.

   (d)   Block lengths along arterial streets must be at least 660 feet in length. Streets that intersect with arterial streets must be spaced in a manner that provides adequate connectivity between neighborhoods, but also maintains the capacity of the street for the safe and efficient movement of traffic. Longer block lengths may be required along high capacity or higher speed arterial streets where the interests in moving traffic outweigh the connectivity between areas of development. Decision-making bodies are authorized to approve shorter block lengths in areas with high pedestrian counts.

   (a)   General Principles. Developments must be designed to create an integrated system of streets and nonmotorized transportation facilities that provide for safe and efficient access to lots and movement of people within and to and from the proposed development.

   (b)   General Design Criteria. The general design criteria for streets are stated in Table 35-4214-1. The precise minimum right-of-way and overall pavement width will be established at the time of development approval, based on the City of Moline Supplemental Specifications; topography; drainage and utility improvements; and other transportation design criteria, including the need for medians, turn lanes, and bicycle/nonmotorized transportation facilities.

 

   (c)   Private Streets.

   (1)   Private streets are prohibited unless expressly approved as part of a planned unit development (PUD).

   (2)   A private street is not and may not be dedicated for public use, but may be allowed to provide access to lots within a PUD when ownership and maintenance of the street is guaranteed in accordance with Sec. 35-4211.

   (3)   Private streets must be designed and constructed in accordance with the same standards that apply to public streets unless a waiver or modification of this requirement is approved at the time of PUD approval.

   (d)   Pavement. All streets must be paved in accordance with IDOT’s Standard Specifications for Road and Bridge Construction and the City of Moline’s Supplemental Specifications.

   (e)   Half Streets. Half streets are prohibited. If an existing half street abuts the tract to be developed, the other half of the street must be dedicated and constructed as part of the subject development.

   (f)   Reserve Strips. Reserve strips that work to prohibit or control access to streets are prohibited.

   (g)   Curb and Gutter. Concrete curb and gutter must be provided along the outside edge of all street pavements. Rollover curbs are prohibited. See the City of Moline’s Supplemental Specifications.

   (h)   Traffic Calming Features.

   (1)   Local streets, block length, and lot layouts must be designed to discourage speeding traffic and unsafe driving behavior.

   (2)   In order to minimize the potential for speeding traffic and create a safer environment for nonmotorized modes of transportation, the City engineer and plan commission is authorized to require traffic calming features to be designed into developments. These features may include, but are not limited, to discontinuous streets, curb extensions, raised crosswalks, medians, traffic circles, signage and other traffic control devices.

   (i)   Intersections.

   (1)   Number of Streets. No more than two streets may intersect at any single point.

   (2)   Angle. Streets must be laid out to intersect at an angle of no less than 80 degrees and no more than 100 degrees. All oblique angle streets must be curved approaching an intersection and must be approximately at right angles with the intersection for a distance of at least 100 feet from the intersection.

   (3)   Alignment. Proposed new intersections along one side of an existing street must align with any existing intersections on the opposite side of such street. Street jogs with centerline offsets of less than 125 feet are prohibited except when the intersected street has divided lanes without median breaks at either intersection. Intersections involving collector or arterial streets shall be at least eight hundred (800) feet apart. Figure 35-4214-1: Minimum Street Jog Illustration:

   (4)   Curb Radii. The minimum curb radius at the intersection of two local streets is 15 feet. The minimum curb radius at all other intersections is 30 feet.

   (5)   Grade. Intersections must have minimum grade of 0.5% and a maximum grade of 2% for a distance of at least 60 feet from the nearest right-of-way line of intersecting streets.

   (6)   Pedestrian Access Routes. All pedestrian access routes at intersections must comply with the Illinois Accessibility Code.

   (7)   Cross-Slope. The cross slopes of all streets, including intersections, may not exceed 3%.

   (8)   Vision Clearance. Street intersections must be designed to comply with the visibility triangle requirements of Sec. 35-5210 and applicable IDOT and City of Moline vision clearance requirements.

   (j)   Horizontal Curves. Horizontal curves must comply with the minimum radii of Table 35-4214-2, as measured along street centerlines:

 

 

   (k)   Reverse Curves. A tangent of at least 50 feet in length must be introduced between reverse curves on local streets. A tangent of at least 100 feet in length must be introduced between reverse curves along all other (non-local) streets.

   (l)   Vertical Curves. Vertical curve lengths must comply with IDOT standards.

   (m)   Connectivity of Streets and Nonmotorized Transportation Improvements.

   (1)   Each development must contribute to the larger interconnected street pattern of the City to ensure street connectivity between neighborhoods, multiple travel routes resulting in the diffusion and distribution of traffic, efficient routes for public and emergency services, and to provide direct and continuous vehicular and pedestrian travel routes to neighborhood destinations. To that end, streets and nonmotorized transportation improvements must connect to other similar improvements within the development and be extended to the outer perimeter of the development.

   (2)   Cul-de-sacs will be considered where it can be clearly demonstrated that environmental constraints, existing development, access limitations along arterial streets, or other unusual features prevent the extension of the street to the property line or to interconnect with other streets within or abutting the subdivision.

   (n)   Dead-End Streets.

   (1)   Temporary Dead-End (“Stub”) Streets. Temporary turnarounds may be required at the end of stub streets that are intended for extension when a subsequent phase of development is completed or when the abutting property is developed.

      a.   At the time that the street is extended or a connection is made, the temporary turnaround must be removed in accordance with the terms of the performance guarantee.

      b.   Stub streets must be clearly marked on plats and labeled “Future Street Extension.” In addition, a sign must be posted on the stub street right-of-way indicating that it is intended as a “Future Street Extension.”

      c.   The following notation must be incorporated into any plat showing a stub street: THIS RIGHT-OF-WAY IS PLATTED WITH THE INTENT OF BEING EXTENDED AND CONTINUED IN ORDER TO PROVIDE INGRESS AND EGRESS TO AND FROM ADJOINING PROPERTIES.

   (2)   Permanent Dead-End Streets.

      a.   Permanent dead-end streets may be approved only when decision-making bodies determine that a through street is not necessary or desirable because of the absence of abutting developable land, topography, the presence of sensitive natural resources, or potential land use conflicts. All approved permanent dead-end streets must be designed as cul-de-sacs, loop streets or other alternative approved by the City engineer.

      b.   The minimum required radius of the pavement of a cul-de-sac bulbs or loop streets is 40 feet.

      c.   Medians with a minimum width of 30 feet are required for loop streets. Medians must be landscaped in accordance with the general yard landscaping requirements of Sec. 35-5206. Such areas are subject to the common area maintenance provisions of Sec. 35-4211.

      d.   Cul-de-sacs may not exceed 660 feet in length, measured from the center point of the turnaround, to the nearest edge of the right-of-way of the nearest intersecting street.

      e.   Decision-making bodies are authorized to condition the allowance of permanent dead-end streets on the provision of supplemental emergency vehicle access routes and a pedestrian access easement from the terminus of the cul-de-sac or other dead-end street.

   (a)   When development is proposed to access existing streets that do not meet City standards for right-of-way, surfacing or other street improvements, the granting of development approval may be conditioned on the developer dedicating the needed right-of-way and (1) making the necessary improvements to bring the street segment that abuts the property up to City standards or (2) contributing toward the construction costs of bringing the street segment that abuts the property up to City standards. Developers may be required to make dedications and improvements only to the extent that the City determines that the need for such dedications and improvements are specifically and uniquely attributable to the proposed development. If needed right-of-way is determined to not be specifically and uniquely attributable to the proposed development, the City may require that the land be reserved in accordance with Sec. 35-4206(2).

   (b)   The following provisions govern in interpreting the phrase “specifically and uniquely attributable”:

   (1)   Local streets are streets that provide access to abutting properties and carry insignificant amounts of through traffic. Therefore, up to 100% of the entire cost of upgrading a local street to City standards for that segment of the street that abuts the subject property may be determined to be specifically and uniquely attributable to the proposed development.

   (2)   Collector streets are streets that collect traffic from a neighborhood and direct it to and from arterial streets. The function of a collector street is 50% access to abutting property and 50% through traffic. Therefore, no more than 50% of the entire cost of upgrading a collector street to City standards for that segment of the street that abuts the subject property may be determined to be specifically and uniquely attributable to the proposed development.

   (3)   Arterial streets have the primary function of carrying traffic through and between neighborhoods and throughout the City and region. The function of an arterial street is 25% access to property and 75% through traffic. Therefore, no more than 25% of the entire cost of upgrading an arterial street to City standards for that segment of the street that abuts the subject property may be determined to be specifically and uniquely attributable to the proposed development.

   The City engineer is authorized to require the installation of street lights along public and private streets at the time of development. The location and type will be determined during the development review process based on guidelines established in the American National Standard Practice for Roadway Lighting (ANSI/IESNA RP-8-00).

   The City engineer is authorized to require traffic and warrant studies, and based on such studies, require the installation of street signs and traffic control devices at the time of development. All street signs, traffic control devices and related apparatus must comply with the Manual on Uniform Traffic Control Devices.

   (a)   NEW DEVELOPMENT.

   (1)   Sidewalks shall be installed on both sides of all public and private streets, except in cases where sidewalks are not allowed by IDOT. Decision-making bodies are authorized to require the installation of sidewalks in other locations, such as at the end of permanent dead-end streets through private property when they determine that such sidewalks will create a logical and well connected pedestrian circulation system.

   (2)   Sidewalks shall have a minimum width of five (5) feet or minimum width required by the Illinois Accessibility Code, whichever is greater.

   (3)   For property being subdivided, sidewalks must be installed before approval of the final subdivision plat, the cost of installation must be included in the performance guarantee approved in accordance with Sec. 35-4209. For all other development, sidewalks must be installed prior to issuance of the occupancy permit.

   (4)   Sidewalks shall be located one (1) foot inside the right-of-way line whenever practicable or in an alternative location approved by the City engineer.

   (5)   All sidewalks shall be constructed in accordance with the City of Moline Supplemental Specifications.

   (6)   All sidewalks and ramps at intersections shall comply with the Illinois Accessibility Code.

   (b)   INFILL LOCATIONS.

   (1)   Sidewalks shall be installed on both sides of all public and private streets, except in cases where sidewalks are not allowed by IDOT. In cases where right-of-way limits do not provide sufficient space for sidewalks, where existing topography makes the installation impracticable, or where the installation cost exceeds the anticipated public benefit, the City Council may direct that sidewalks be installed on only one (1) side of the street or not installed at all and shall state the reasons for the Council’s decision by resolution.

   (2)   Sidewalks shall have a minimum width of four (4) feet or the width of the sidewalk to which they will connect, whichever is greater, but not greater than five (5) feet. Where sidewalks are less than five (5) feet in width, an American’s with Disabilities Act compliant passing area shall be installed at the required intervals.

   (3)   Sidewalks shall be located one (1) foot inside the right-of-way line whenever practicable or in an alternative location approved by the City engineer.

   (4)   All sidewalks shall be constructed in accordance with the City of Moline Supplemental Specifications.

   Where a trail extension, as identified in the comprehensive plan or an adopted trails plan, is located on the subject property, the City may require that an easement be provided for the trail.

   (a)   Developers are responsible for providing a complete water supply and distribution system for the entire development, including hydrants, valves and all other appurtenances.

   (b)   The water supply distribution system must be extended into and through the entire development to the boundary lines of the subject property in order to provide for extension by adjoining properties. Whenever a water main is extended, it must be extended across the entire frontage of the property being developed and it must be connected to any other mains that front on or abut the subject development to provide for looping of the water system.

   (c)   Project specific tap-on assessment fees may apply as set forth in Chapter 34 of the Code of Ordinances.

   (d)   The developer’s engineer must calculate expected fire flow requirements for the proposed development based in accordance with the Uniform Fire Code. Anticipated demand for water by “downstream” properties must also be taken into consideration when determining the size of pipe to be installed.

   (e)   Individual water service connections within single-family residential subdivisions must be extended from the water main to within one foot of the lot line of each lot with an approved corporation and curb box and clearly marked with a fence post or similar material to identify their location.

   (f)   Upon written request to the water superintendent, the City will perform fire flow tests on existing water mains to be extended and provide the data to the developer’s engineer.

   (g)   Fire hydrants must be installed by the developer in accordance with standard engineering practice at intervals of not more than 400 feet for residential development, and not more than the maximum interval specified by the Uniform Fire Code for nonresidential use.

   Drainage and stormwater management improvements must be coordinated with existing and planned improvements in order to form an integrated area wide system. The drainage and stormwater management system must be separate and independent of the sanitary sewer system and comply with the standards of Chapter 34 of the Code of Ordinances. Required drainage and stormwater management improvements may include adequate drains, swales, bioretention areas, culverts, storm sewers, intakes, manholes, and detention facilities. An erosion and sedimentation control plan, in accordance with Chapter 34, must be submitted to and approved by the City engineer before any earth-disturbing activity occurs.

   (a)   Whenever a lot or tract proposed for development is within 300 feet of an existing publicly owned sewer main or other collection system, the developer is responsible for establishing a connection to such public sewer and for providing a complete sanitary sewer system, including stubs, for the entire development.

   (b)   The sanitary sewer system must be extended to the development boundaries, as necessary to provide for the extension of the sanitary sewer to adjacent property, as determined by the City. Whenever a sanitary sewer main is extended, it shall be extended across the entire frontage or frontages of the property to be improved by the extension unless the City has determined, because of land contours or the presence of other mains, that no other property can be technically or needs to be served by such an extension.

   (c)   Project specific tap-on assessment fees may apply as set forth in Chapter 34 of the Code of Ordinances.

   (d)   The use of individual sewage disposal systems requires approval of a waiver or modification in accordance with Sec. 35-2211.

   (a)   Developers shall make all necessary arrangements with the respective utility providers for the installation of utilities, including gas, electrical, and communications service.

   (b)   All new utility installations must be placed underground within a dedicated easement or public right-of-way, except that the requirements for underground utilities do not apply in the following instances:

   (1)   Temporary overhead utility lines used in connection with construction, but only during periods of construction;

   (2)   Service connections, meters, and similar equipment that are customarily attached to the outside wall of the premises they serve;

   (3)   Poles used exclusively for street lighting;

   (4)   Electric distribution transformers, switch gear, meter pedestals, and telephone pedestals that are customarily installed above-ground, provided that landscaping is provided around ground-mounted equipment; and

   (5)   Utilities located on land in an I-2 (General Industrial) zoning district are not required to be installed underground.

   (c)   No underground water, electric, gas, communication service or other similar utility may be placed within a storm or sanitary sewer easement, except for crossings, unless expressly approved by the City engineer.

   Permanent survey monuments must be placed in all subdivisions by a licensed surveyor, as follows:

   (1)   Concrete cylinders or rectangular prisms at least 4 inches in diameter or square at least 42 inches in length must be set at the extreme corners of subdivisions.

   (2)   Steel pins at least 0.5 inches in diameter and at least 30 inches in length must be set at locations in accordance with the Plat Act. Pins must have a survey marker cap showing the land surveyor's registration number.

   (3)   Any monuments disturbed by construction or grading must be reset.

   The purpose of this chapter is to authorize the establishment of guidelines, procedures and standards for the integration of Public Art into new private development projects within the Cultural Corridors. Public Art helps create a more livable and visually stimulating City. The presence of and access to Public Art enlivens the public areas of buildings and their grounds and makes them more welcoming. It creates a deeper interaction with the places where we live, work and visit. A city rich in art encourages cultural tourism which brings in visitor revenues.

   The visual and aesthetic quality of development projects has a significant impact on property values, the local economy and vitality of the city. Public Art illuminates the diversity and history of a community, and points to its aspirations for the future. A wealth of art and culture in the public realm will foster the economic development of the community.

   To achieve these goals, Public Art should be integrated into development projects within the Cultural Corridors. For best results, consideration of public art should be integrated into project planning at the earliest possible stage, and the selected artist should become a member of the project’s design team early in the design process.

(Ord. No. 3022-2021; Sec. 35-4300 enacted; 8/31/21)

   As used in this Division 3, the following words and phrases will have the meanings set forth below, and such other capitalized words and phrases will be as defined in Chapter 2, Article 1, Section 2-1111, and Chapter 2, Article IV, Division 9.:

      1.   19th Street from 7th Avenue to the Riverfront;

      2.   River Drive from 12th Street to 34th Avenue;

      3.   5th/6th Avenue from 6th Street to 23rd Street; and

      4.   12th Street from 6th Avenue to River Drive.

   Each of which as specifically designated in Ordinance No. 3022-2021.

      1.   Repair or reconstruction of structures which have been damaged by fire, flood, wind, or other calamity;

      2.   Historic preservation or restoration;

      3.   Fire sprinkler and other life safety installation work items; and

      4.   Any modification, renovation, expansion, reconstruction, or improvement of that is less than 50% of the gross floor area of the building.

      1.   Objects that are mass produced of standard design, such as banners, signs, playground equipment, benches, statuary, street or sidewalk barriers, or fountains;

      2.   Reproduction, by mechanical or other means, of original works of art, except as incorporated into film, video, photography, printmaking or other derivative works as approved by the Public Art Commission;

      3.   Decorative, architectural, or functional elements that are designed by the building architect or landscape architect as opposed to an artist commissioned for this purpose; or

      4.   Landscape architecture or gardening, except where these elements are designed by an artist and are an integral part of a work of art.

(Ord. No. 3022-2021; Sec. 35-4310 enacted; 8/31/21)

   (a)   The Developer of a Development Project will install Public Art on the Development Project site in a Public Place as recommended by the Public Art Commission and as approved by the Corporate Authorities. The cost of the Public Art must be equal at least to one percent of the construction cost, but in no event more than $100,000.00. The creator of Public Art shall be an artist. Public Art shall be displayed in a manner that will enhance its enjoyment by the general public. As an alternative to on-site installation of Public Art, the developer may:

      (1)   Request that the Public Art Commission consider and recommend approval to the Corporate Authorities of placement of Developer-funded Artwork in a Public Place identified in the Public Art Master Plan; or

      (2)   Pay a Public Art Contribution to be deposited into the Public Art Acquisition and Maintenance Fund. The Public Art Contribution must be paid as follows:

         50% at the time of building permit issuance; and

         50% at the time certificate of occupancy issuance.

      (3)   Subject to the recommendation of approval by the Public Art Commission and approval by the Corporate Authorities, install Public Art on the Development Project site that has a value lower than the Public Art Contribution amount and make an in-lieu Public Art Contribution for the difference between the value of the Public Art and the required Public Art Contribution value.

   (b)   Prior to obtaining a building permit for construction of the Development Project, the developer must demonstrate compliance with the requirements of this Division 3 in one of the following ways:

      (1)   Payment of the full amount of the Public Art Contribution; or

      (2)   Written proof to the Director of a contract to commission or purchase and install Public Art previously recommended for approval by the Public Art Commission and approved by the Corporate Authorities. The Developer will be required to deposit performance security, in an amount determined by the Director, to be adequate to secure faithful performance of the Public Art Commission and installation in a form acceptable to the City Attorney. The performance security must be accompanied by a written acknowledgment by the Artist and Developer, in a form approved by the Director, that the Public Art complies with the following:

         i.   Will be designed by an Artist.

         ii.   Require a low level of maintenance and the proposed maintenance provisions will be adequate for the long-term integrity and enjoyment of the Artwork, and in all events consistent with the Policy and Procedure for Maintenance approved pursuant to Ordinance No. 3022-2021 on August 31, 2021. The property owner will enter into a maintenance agreement with the City to be recorded against the property to ensure proper maintenance is performed as determined by the Director and in a form acceptable to the City Attorney.

         iii.   Will be permanently affixed to the property except in the case of a “contributing" building in the Moline National Register Historic Commercial District, which may require specialized installation to the satisfaction of the Director.

         iv.   Will be maintained by the owner or his or her successor in interest in a manner acceptable to the City.

         v.   Will meet all applicable building code requirements.

   (c)   The Developer will provide the Director with proof of installation of the approved Public Art at an approved Public Place on the Development Project site prior to the issuance of a certificate of occupancy.

   (d)   Title to Public Art installed pursuant to this Division 3 on private property will be vested in the property owner and pass to the successive owners of the property. Each successive owner will be responsible for the custody, protection and maintenance of the Public Art.

   (e)   If, for any reason, the current property owner or successor in interest chooses to replace any Public Art installed pursuant to this Division 3, the following requirements must be met before the Public Art is replaced:

      (1)   The replacement Public Art must be reviewed and recommended for approval by the Public Art Commission and approved by the Corporate Authorities.

      (2)   The cost of the replacement Public Art will be equal to, or greater than, the inflation adjusted cost of the existing Public Art to be removed.

      (3)   The replacement Public Art must be located at the same Public Place or another Public Place on the property.

      (4)   The replacement Public Art must be installed within 21-days of the removal of the existing Public Art piece, unless the period is extended by the Director.