SUBDIVISION REGULATIONS
The owner of any tract of land who wished to divide such tract into two or more lots for the purpose of conveyance, transfer, improvement, building development, or sale, where such will require the construction of any public street or thoroughfare, or the extension of any public water or sewer system, shall submit a plan for subdividing such tract to the board of appeals for study and report. Owner shall pay a fee to the city of $100.00 at the time the plan is submitted, plus any recording fee.
In the event such subdivision of land will not require construction of any street or thoroughfare, extension of public water or sewer system, a plan for subdividing such tract shall be submitted to the city inspector for approval by the city council. Owner shall pay a fee to the city of $75.00 at the time the plan is submitted to the city, plus any recording fee.
The subdivisions of any land shall be guided and regulated in such a manner to meet the following requirements, where applicable, for harmonious growth:
A.
Land to be subdivided and developed shall be of such character that it can be used safely without damage to health, or peril from fire, flood, erosion, excessive noise, smoke or other menace.
B.
Proper provisions shall be made for drainage, water supply, sewage disposal and other appropriate utility services.
C.
The proposed streets shall provide a safe, convenient and functional system for vehicular traffic.
D.
Streets shall be of such width, grade and location as to accommodate prospective traffic as determined by existing and probable future land uses.
E.
Buildings, lots, blocks and streets shall be so arranged as to afford adequate light, view and air to facilitate fire protection, and to provide ample access for fire fighting equipment to buildings.
F.
Land shall be developed with due regard to topography, so that the natural beauty of the land and vegetation shall be protected and enhanced.
G.
When warranted by the size of the subdivision, adequate sites for schools, parks, playgrounds and other community services shall be located so that residents of all neighborhoods shall have convenient access to such facilities.
This article XIV shall not apply where the owner of a tract of land divides such tract for the purpose of conveying a part thereof to an adjacent and contiguous land owner; provided, however, after such conveyance such tract so conveyed shall lose its separate identity and shall become part and parcel of such contiguous tracts and shall for all purposes be considered a single tract of land and may not later become separated or subdivided except as herein provided. All divisions hereunder and the resulting tracts shall be in compliance with all zoning requirements as set out in the zoning ordinance of the city.
(Ord. No. 234, § 14-1, 8-2-71; Ord. No. 590, § 1, 6-21-93; Ord. No. 860, § 1, 1-30-06)
A tentative subdivision plan indicating the approximate proposed layout of the subdivision shall be submitted to the board of appeals. The board shall hold a public hearing after proper notice and publication of time and place, all of which shall conform to the procedure prescribed in article XIX. Within 30 days after such hearing the board shall report to the city council regarding such hearing. The report shall set out the manner in which the proposed subdivision plan will relate to zoning requirements, existing private and public developments, facilities and services, and any special problems which may be encountered. The board shall state the reasons for its approval or disapproval and give specific evidence and facts showing that the plan meets the standards and conditions set forth in this article. No action shall be taken by the city council until and unless the report of the board of appeals has been filed. In the event the board recommends against the plan of subdivision the preliminary plan may be approved only on a two-thirds vote of the city council.
(Ord. No. 234, § 14-2, 8-2-71)
The plan must be consistent with the intent and purpose of this ordinance to promote public health, safety, morals and general welfare and must follow the standards as set out herein.
A.
Streets.
1.
The arrangement, width, grade and location of all streets shall be considered in relation to existing streets, public convenience and safety and in relation to proposed uses of land to be served by streets.
2.
Minor streets shall be so laid out that their use by through traffic will be discouraged.
3.
Intersections of minor streets with arterial or collector streets shall be held to a minimum.
4.
No dead-end streets shall be permitted without a suitable turnaround. Cul-de-sacs may be permitted only on high-density or low-density subdivision streets, as hereinafter defined, and shall have a minimum pavement width of 40 feet. All other classifications of streets must terminate with an intersection of another street.
5.
All street improvements shall be constructed in accordance with the Standard Specifications for Road and Bridge Construction, adopted by the Illinois Department of Transportation.
6.
All streets to be constructed, reconstructed or improved shall meet the following requirements:
a.
A system of stormwater collection and disposal shall be constructed in conjunction with any street improvement.
b.
Water and sewer mains and water and sewer services shall be installed to each parcel or lot prior to the construction of the street.
c.
All entrances to lots or parcels shall be improved in a like manner as the adjoining street between the edge of said street and the right-of-way line.
7.
Prior to the commencement of any street improvement, a design of the street shall be submitted to the city council for their review and preliminary approval.
8.
No street shall become the responsibility of the city to maintain until the following requirements are met:
a.
The street must be completed as approved and meet all requirements set forth in these standards.
b.
The developer shall notify the city when the streets have been completed and a joint inspection of the streets shall be made by the developer, the city inspector and the city engineer.
c.
The developer shall submit a certified letter to the city stating that he has completed the streets in accordance with these standards, as adopted by the city council and that the quality and workmanship has been approved by the city inspector and the city engineer. The city inspector and the city engineer shall also advise the city in writing that the developer has constructed the streets in accordance with these standards and that the quality and workmanship has been so approved.
d.
A period of two years has elapsed after the above described joint inspection was made and any failures or irregularities which may have occurred during these two years shall be corrected and repaired by the developer to the satisfaction of the city inspector and the city engineer. At this time, the city council shall entertain the request that the city assume the responsibility for maintenance and repair of the developer's streets.
9.
Streets shall be classified into one of the following categories:
a.
Arterial street: A street especially designed to carry through traffic and having limited access.
b.
Collector street: A street designed to carry traffic from or through a neighborhood area to an arterial street and having controlled access.
c.
Through street: A street within a neighborhood which may carry through traffic and yet provides unlimited access to the adjoining property.
d.
High density subdivision street: A street which services only a specific residential area of which the lot sizes average less than 75/100 acre of area, including the street right-of-way.
e.
Low density subdivision street: A street which services only a specific residential area of which the lot sizes average greater than 75/100 acre of area, including the street right-of-way.
f.
Existing street: A street which existed prior to the acceptance of these standards. Existing streets which the city is requested to assume maintenance of may require special considerations. However, whenever practical and possible, the requirements shall be the same as those for the classification of street type which the existing street's intended use most closely fits.
10.
The following requirements for street improvements shall be considered as minimums, and the city may require more stringent designs in certain cases:
a.
Minimum street requirements:
b.
The developer must indicate on initial application for tentative approval of subdivision plat if he does not intend to provide sidewalks or street lighting, along with appropriate justification for such action; the requirement of sidewalks and/or street lighting may be waived or varied by the city for proper cause on a case-by-case basis.
c.
When the restrictive covenants of a subdivision specifically prohibit on-street parking on a low-density subdivision street, the developer must indicate on initial application for tentative approval of a subdivision plat if he is requesting that the requirement of gutters be waived or varied, along with appropriate justification for such request; the requirement of gutters may be waived or varied by the city upon proper showing that adequate provisions are made to drain the pavement and protect base and pavement edges.
B.
General planning standards.
1.
The width, length and shape of blocks within the proposed subdivision shall be determined with regard to:
a.
Provision of adequate building sites suitable to special needs of the type of use contemplated.
b.
Zoning requirements.
c.
Need for convenient access circulation and control and safety of street traffic.
d.
Limitations and opportunities of topography.
2.
The lot size, width, depth, shape and orientation shall be appropriate for the location of the subdivision and for the type of development and use proposed. Standards for lots shall include the following:
a.
Side lot lines shall be substantially at right angles or radial to street lines.
b.
Lots shall have satisfactory access to public streets.
c.
The lot area per family contained in the subdivision, exclusive of the area occupied by streets, will not be less than the lot area per family required in the zoning district in which the subdivision is located.
d.
Excessive depth in relation to width shall be avoided. A proportion of 2½ to one will be considered maximum.
3.
Easements across lots or centered on rear or side lot lines 20 feet in width shall be provided for utilities where they are anticipated and for drainage rights-of-way.
4.
In subdivisions which include an area of five acres or more, provisions shall be made for parks, playgrounds and recreation purposes.
a.
Lands comprising at least three per cent of the total area to be subdivided shall be reserved for parks, playgrounds or recreational purposes in a location with suitable public access within the subdivision; the amount of land reserved may be reduced upon proper showing by the developer. The reservation of land for such purposes must be specifically located and designated on the subdivision plat.
b.
The lands so designated shall be retained in private ownership to be maintained by the developer and/or subdivision owners or may be dedicated to the city if the city is willing to accept said dedication.
c.
In the event the developer wishes to have any of the provisions of this paragraph waived or varied, he shall so indicate in his initial application for tentative subdivision approval, setting forth justification for any variance requested, which variance may be granted by the city upon proper showing of need on a case-by-case basis.
5.
Adequate off-street parking must be provided as set out in article XIII of this ordinance.
C.
Required improvements. The following improvements shall be installed by the subdivider prior to final approval of the plat, or he shall post a performance bond sufficient in amount to cover the estimated full costs of such construction:
1.
Permanent monuments shall be established at all block corners, angle points, points of curvatures in streets and points of tangency on horizontal curves.
2.
Utility improvements as follows shall be provided:
a.
Public water service in accordance with procedures of the city.
b.
Sanitary and storm sewer system, where required, in accordance with procedures of the city.
c.
Street lighting, as hereinabove required.
3.
Street improvements in accordance with design standards of the city hereinabove set forth.
4.
Street signs at all intersections.
(Ord. No. 234, § 14-3, 8-2-71; Ord. No. 438, § 1, 1-17-83)
Approval of the preliminary plan shall not constitute approval of the final plat. Approval of the preliminary plan shall expire after 24 months from the date of approval. Extensions for periods of 12 months may be granted by the city council upon application.
A.
The final plat shall conform substantially to the preliminary plan, as approved, and if desired by the subdivider it may consist of only that section of the approved preliminary plan which he proposes to record and develop at the time.
B.
Four copies of the final plat shall be submitted by the subdivider to the city clerk along with the following:
1.
A certificate from the water superintendent as to the adequacy of the water and sewer system.
2.
A certificate from the city engineer that the improvements constructed by the subdivider meet the minimum standards of this ordinance, or as otherwise required by law.
3.
A performance bond for the completion of all required improvements.
4.
Dedications of all land for streets, easements, parks and other public facilities.
C.
If final plat is approved the city council shall make an appropriate notation to that effect on the face of the original plat, which shall be recorded by the subdivider.
D.
If final plat is disapproved, the city council shall state the grounds for such disapproval and forward a copy of the disapproval to the subdivider.
(Ord. No. 234, § 14-4, 8-2-71)
SUBDIVISION REGULATIONS
The owner of any tract of land who wished to divide such tract into two or more lots for the purpose of conveyance, transfer, improvement, building development, or sale, where such will require the construction of any public street or thoroughfare, or the extension of any public water or sewer system, shall submit a plan for subdividing such tract to the board of appeals for study and report. Owner shall pay a fee to the city of $100.00 at the time the plan is submitted, plus any recording fee.
In the event such subdivision of land will not require construction of any street or thoroughfare, extension of public water or sewer system, a plan for subdividing such tract shall be submitted to the city inspector for approval by the city council. Owner shall pay a fee to the city of $75.00 at the time the plan is submitted to the city, plus any recording fee.
The subdivisions of any land shall be guided and regulated in such a manner to meet the following requirements, where applicable, for harmonious growth:
A.
Land to be subdivided and developed shall be of such character that it can be used safely without damage to health, or peril from fire, flood, erosion, excessive noise, smoke or other menace.
B.
Proper provisions shall be made for drainage, water supply, sewage disposal and other appropriate utility services.
C.
The proposed streets shall provide a safe, convenient and functional system for vehicular traffic.
D.
Streets shall be of such width, grade and location as to accommodate prospective traffic as determined by existing and probable future land uses.
E.
Buildings, lots, blocks and streets shall be so arranged as to afford adequate light, view and air to facilitate fire protection, and to provide ample access for fire fighting equipment to buildings.
F.
Land shall be developed with due regard to topography, so that the natural beauty of the land and vegetation shall be protected and enhanced.
G.
When warranted by the size of the subdivision, adequate sites for schools, parks, playgrounds and other community services shall be located so that residents of all neighborhoods shall have convenient access to such facilities.
This article XIV shall not apply where the owner of a tract of land divides such tract for the purpose of conveying a part thereof to an adjacent and contiguous land owner; provided, however, after such conveyance such tract so conveyed shall lose its separate identity and shall become part and parcel of such contiguous tracts and shall for all purposes be considered a single tract of land and may not later become separated or subdivided except as herein provided. All divisions hereunder and the resulting tracts shall be in compliance with all zoning requirements as set out in the zoning ordinance of the city.
(Ord. No. 234, § 14-1, 8-2-71; Ord. No. 590, § 1, 6-21-93; Ord. No. 860, § 1, 1-30-06)
A tentative subdivision plan indicating the approximate proposed layout of the subdivision shall be submitted to the board of appeals. The board shall hold a public hearing after proper notice and publication of time and place, all of which shall conform to the procedure prescribed in article XIX. Within 30 days after such hearing the board shall report to the city council regarding such hearing. The report shall set out the manner in which the proposed subdivision plan will relate to zoning requirements, existing private and public developments, facilities and services, and any special problems which may be encountered. The board shall state the reasons for its approval or disapproval and give specific evidence and facts showing that the plan meets the standards and conditions set forth in this article. No action shall be taken by the city council until and unless the report of the board of appeals has been filed. In the event the board recommends against the plan of subdivision the preliminary plan may be approved only on a two-thirds vote of the city council.
(Ord. No. 234, § 14-2, 8-2-71)
The plan must be consistent with the intent and purpose of this ordinance to promote public health, safety, morals and general welfare and must follow the standards as set out herein.
A.
Streets.
1.
The arrangement, width, grade and location of all streets shall be considered in relation to existing streets, public convenience and safety and in relation to proposed uses of land to be served by streets.
2.
Minor streets shall be so laid out that their use by through traffic will be discouraged.
3.
Intersections of minor streets with arterial or collector streets shall be held to a minimum.
4.
No dead-end streets shall be permitted without a suitable turnaround. Cul-de-sacs may be permitted only on high-density or low-density subdivision streets, as hereinafter defined, and shall have a minimum pavement width of 40 feet. All other classifications of streets must terminate with an intersection of another street.
5.
All street improvements shall be constructed in accordance with the Standard Specifications for Road and Bridge Construction, adopted by the Illinois Department of Transportation.
6.
All streets to be constructed, reconstructed or improved shall meet the following requirements:
a.
A system of stormwater collection and disposal shall be constructed in conjunction with any street improvement.
b.
Water and sewer mains and water and sewer services shall be installed to each parcel or lot prior to the construction of the street.
c.
All entrances to lots or parcels shall be improved in a like manner as the adjoining street between the edge of said street and the right-of-way line.
7.
Prior to the commencement of any street improvement, a design of the street shall be submitted to the city council for their review and preliminary approval.
8.
No street shall become the responsibility of the city to maintain until the following requirements are met:
a.
The street must be completed as approved and meet all requirements set forth in these standards.
b.
The developer shall notify the city when the streets have been completed and a joint inspection of the streets shall be made by the developer, the city inspector and the city engineer.
c.
The developer shall submit a certified letter to the city stating that he has completed the streets in accordance with these standards, as adopted by the city council and that the quality and workmanship has been approved by the city inspector and the city engineer. The city inspector and the city engineer shall also advise the city in writing that the developer has constructed the streets in accordance with these standards and that the quality and workmanship has been so approved.
d.
A period of two years has elapsed after the above described joint inspection was made and any failures or irregularities which may have occurred during these two years shall be corrected and repaired by the developer to the satisfaction of the city inspector and the city engineer. At this time, the city council shall entertain the request that the city assume the responsibility for maintenance and repair of the developer's streets.
9.
Streets shall be classified into one of the following categories:
a.
Arterial street: A street especially designed to carry through traffic and having limited access.
b.
Collector street: A street designed to carry traffic from or through a neighborhood area to an arterial street and having controlled access.
c.
Through street: A street within a neighborhood which may carry through traffic and yet provides unlimited access to the adjoining property.
d.
High density subdivision street: A street which services only a specific residential area of which the lot sizes average less than 75/100 acre of area, including the street right-of-way.
e.
Low density subdivision street: A street which services only a specific residential area of which the lot sizes average greater than 75/100 acre of area, including the street right-of-way.
f.
Existing street: A street which existed prior to the acceptance of these standards. Existing streets which the city is requested to assume maintenance of may require special considerations. However, whenever practical and possible, the requirements shall be the same as those for the classification of street type which the existing street's intended use most closely fits.
10.
The following requirements for street improvements shall be considered as minimums, and the city may require more stringent designs in certain cases:
a.
Minimum street requirements:
b.
The developer must indicate on initial application for tentative approval of subdivision plat if he does not intend to provide sidewalks or street lighting, along with appropriate justification for such action; the requirement of sidewalks and/or street lighting may be waived or varied by the city for proper cause on a case-by-case basis.
c.
When the restrictive covenants of a subdivision specifically prohibit on-street parking on a low-density subdivision street, the developer must indicate on initial application for tentative approval of a subdivision plat if he is requesting that the requirement of gutters be waived or varied, along with appropriate justification for such request; the requirement of gutters may be waived or varied by the city upon proper showing that adequate provisions are made to drain the pavement and protect base and pavement edges.
B.
General planning standards.
1.
The width, length and shape of blocks within the proposed subdivision shall be determined with regard to:
a.
Provision of adequate building sites suitable to special needs of the type of use contemplated.
b.
Zoning requirements.
c.
Need for convenient access circulation and control and safety of street traffic.
d.
Limitations and opportunities of topography.
2.
The lot size, width, depth, shape and orientation shall be appropriate for the location of the subdivision and for the type of development and use proposed. Standards for lots shall include the following:
a.
Side lot lines shall be substantially at right angles or radial to street lines.
b.
Lots shall have satisfactory access to public streets.
c.
The lot area per family contained in the subdivision, exclusive of the area occupied by streets, will not be less than the lot area per family required in the zoning district in which the subdivision is located.
d.
Excessive depth in relation to width shall be avoided. A proportion of 2½ to one will be considered maximum.
3.
Easements across lots or centered on rear or side lot lines 20 feet in width shall be provided for utilities where they are anticipated and for drainage rights-of-way.
4.
In subdivisions which include an area of five acres or more, provisions shall be made for parks, playgrounds and recreation purposes.
a.
Lands comprising at least three per cent of the total area to be subdivided shall be reserved for parks, playgrounds or recreational purposes in a location with suitable public access within the subdivision; the amount of land reserved may be reduced upon proper showing by the developer. The reservation of land for such purposes must be specifically located and designated on the subdivision plat.
b.
The lands so designated shall be retained in private ownership to be maintained by the developer and/or subdivision owners or may be dedicated to the city if the city is willing to accept said dedication.
c.
In the event the developer wishes to have any of the provisions of this paragraph waived or varied, he shall so indicate in his initial application for tentative subdivision approval, setting forth justification for any variance requested, which variance may be granted by the city upon proper showing of need on a case-by-case basis.
5.
Adequate off-street parking must be provided as set out in article XIII of this ordinance.
C.
Required improvements. The following improvements shall be installed by the subdivider prior to final approval of the plat, or he shall post a performance bond sufficient in amount to cover the estimated full costs of such construction:
1.
Permanent monuments shall be established at all block corners, angle points, points of curvatures in streets and points of tangency on horizontal curves.
2.
Utility improvements as follows shall be provided:
a.
Public water service in accordance with procedures of the city.
b.
Sanitary and storm sewer system, where required, in accordance with procedures of the city.
c.
Street lighting, as hereinabove required.
3.
Street improvements in accordance with design standards of the city hereinabove set forth.
4.
Street signs at all intersections.
(Ord. No. 234, § 14-3, 8-2-71; Ord. No. 438, § 1, 1-17-83)
Approval of the preliminary plan shall not constitute approval of the final plat. Approval of the preliminary plan shall expire after 24 months from the date of approval. Extensions for periods of 12 months may be granted by the city council upon application.
A.
The final plat shall conform substantially to the preliminary plan, as approved, and if desired by the subdivider it may consist of only that section of the approved preliminary plan which he proposes to record and develop at the time.
B.
Four copies of the final plat shall be submitted by the subdivider to the city clerk along with the following:
1.
A certificate from the water superintendent as to the adequacy of the water and sewer system.
2.
A certificate from the city engineer that the improvements constructed by the subdivider meet the minimum standards of this ordinance, or as otherwise required by law.
3.
A performance bond for the completion of all required improvements.
4.
Dedications of all land for streets, easements, parks and other public facilities.
C.
If final plat is approved the city council shall make an appropriate notation to that effect on the face of the original plat, which shall be recorded by the subdivider.
D.
If final plat is disapproved, the city council shall state the grounds for such disapproval and forward a copy of the disapproval to the subdivider.
(Ord. No. 234, § 14-4, 8-2-71)