Paxton City Zoning Code

SUBDIVISION REGULATIONS

§ 151.130 GENERAL PROVISIONS.

(A) Wherever any subdivision of land shall hereafter be laid out within the incorporated limits of the city, the subdivider thereof or his or her agent shall submit both a preliminary and a final subdivision plan to the city. Said plans, proposed improvements, and all procedure relating thereto shall in all respects be in full compliance with this chapter.

(B) All lands offered to the city for use as streets, highways, alleys, parks and other public use shall be referred to the Plan Commission for review and recommendations before being accepted by the City Council or any other governing authority.

(Ord. 88-30, passed 8-8-88)

§ 151.131 APPROVALS, INTERPRETATIONS AND EXCEPTIONS.

(A) No land shall be subdivided or filed for record, nor any street laid out, nor any improvements made to the land, until the plan or plans of the subdivision or street improvements shall have been duly considered and approved by action of the City Council. This approval must be in writing and placed on the original tracing of the final plans.

(B) No lot, tract or parcel of land within any such subdivision shall be offered for sale nor shall any sale, contract for sale, or option be made or given until such subdivision plans have been properly reviewed by the Plan Commission and officially approved by the City Council.

(C) No improvements, such as sidewalks, water supply, storm water drainage, sewerage facilities, gas service, electric service or lighting, grading, paving or surfacing of streets shall hereafter be made within any such subdivision by any owner or owners, or his or her or their agent, or by any public service corporation at the request of such owner or owners or his or her or their agent until the plans for the subdivision and also the plans for improvements thereto have been reviewed by the Plan Commission and approved by the City Council.

(D) All interpretations of these rules and regulations are reserved to the administrative bodies referred to herein.

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

(F) Whenever a parcel is divided into lots containing one to three acres, inclusive, and there are indications that such lots will eventually be resubdivided into smaller building lots, consideration shall be given to the street and lot arrangement of the original subdivision so that additional minor streets can be opened which will permit a logical arrangement of smaller lots.

(Ord. 88-30, passed 8-8-88)

§ 151.132 RULES.

(A) Words used in the present tense shall include the future; words used in the singular number shall include the plural number, and the plural, the singular.

(B) The word "building" shall include the word "structure", and the word "lot" shall include the word "plot".

(Ord. 88-30, passed 8-8-88)

§ 151.133 DESIGN STANDARDS.

The subdivision of land, including the arrangement, character, extent, width, grade and location of all streets, alleys or other land to be dedicated for public use, shall conform to the General Development Plan and to the Official Map of the city as approved and adopted by the City Council and other responsible governmental bodies; and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

(A) Streets.

(1) All streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

(2) Where such is not shown in the General Development Plan or on the Official Map, the arrangement of streets in a subdivision shall either:

(a) Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or

(b) Conform to a plan for the area of neighborhood approved or adopted by the Plan Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable.

(3) Minor streets shall be so laid out that their use by thru traffic will be discouraged.

(4) Where a subdivision abuts or contains an existing or proposed expressway or primary street, as shown on the General Development Plan or on the Official Map, the Plan Commission may require marginal access streets, reverse frontage with screen planting along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of thru and local traffic.

(5) Where a subdivision borders on or contains a railroad or expressway, the Plan Commission may require a street approximately parallel to and on each side of such railroad or expressway, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.

(6) Reserve strips controlling access to streets or alleys shall be prohibited.

(7) All street intersections and confluences should encourage safe traffic flow.

(8) Street jogs with centerline offsets of less than 125 feet shall be avoided.

(9) Tangents shall be introduced between reverse curves on all streets (see Table of Minimum Standards).

(10) When connecting street lines deflect from each other at any one point by more than ten degrees, they shall be connected by a curve with a radius adequate to insure clear sight distances (see Table of Minimum Standards).

(11) Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than 60 degrees.

(12) No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two and six feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line, is maintained at a sufficient height to prevent obstruction of such sight lines.

(13) Street right-of-way widths shall be shown in the General Development Plan and on the Official Map, and where not shown therein shall be as specified in the Table of Minimum Standards.

(14) Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, and where the Plan Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided, the other half of the street shall be platted within such tract.

(15) Dead-end streets (cul-de-sac) designed to be so permanently, shall not be longer than 500 feet from the intersection of the origin through the center of the circle to the end of the right-of-way, and shall be provided at the closed end with a turnaround having an outside pavement diameter of at least 80 feet, and a street property line diameter of at least 20 feet greater than the outside pavement diameter.

(16) No street names shall be used which will duplicate or be confused with the names of existing streets. Existing street names shall be projected wherever possible. Street names shall be subject to the approval of the Plan Commission.

(17) Street gradients and vertical curves shall be as specified in the Table of Minimum Standards.

(18) There shall be sufficient difference in elevation between street grades and adjoining building sites so that streets can serve as open run-off channels auxiliary to the storm sewers or as detention ponds without flooding adjoining building sites.

TABLE OF MINIMUM STANDARDS FOR STREET DESIGN

STREET	RIGHT-OF- WAY WIDTH - NOT LESS THAN	ROADWAY WIDTH - NOT LESS THAN	RADIUS OF HORIZONTAL CURVES, MINIMUM	LENGTH OF VERTICAL CURVES, MINIMUM	TANGENT BETWEEN REVERSE CURVES, MINIMUM
Primary	80 ft.	48 ft.	500 ft.	200 ft.	100 ft.
Secondary or Collector	80 ft.	44 ft.	150 ft.	150 ft.	None
Local - for Row Houses and Apartments	60 ft.	36 ft.	150 ft.	100 ft.	None
Local - for Other Residences	60 ft.	30 ft.	150 ft.	100 ft.	None
Cul-de-Sac	60 ft.	30 ft.	150 ft.	100 ft.	None
Marginal Access	60 ft.	24 ft.	150 ft.	100 ft.	None
In Business Districts	80 ft.	56 ft.	150 ft.	100 ft.	None

MINIMUM STANDARDS FOR STREET DESIGN

STREET	MAXIMUM GRADIENT	MINIMUM GRADIENT	TANGENT PROPERTY LINES AT STREET INTERSECTIONS
Primary or Major	5%	0.35%	25 ft.
Secondary or Collector	5%	0.35%	20 ft.
Local - For Row Houses and Apartments	6%	0.35%	15 ft.
Local - For Other Residences	6%	0.35%	15 ft.
Cul-de-Sac	6%	0.35%	15 ft.
Marginal Access	6%	0.35%	15 ft.
In Business Districts	2%	0.35%

(B) Alleys.

(1) Alleys shall be provided in commercial, business and industrial districts, except that the Plan Commission may waive this requirement where other definite and assured provisions are made for service access, such as off-street loading, unloading and parking, consistent with and adequate for the uses proposed.

(2) Alleys will be required in all new subdivisions, except as deemed necessary and on the recommendation of the Plan Commission.

(3) The right-of-way width of an alley shall be 30 feet in residential areas and 40 feet in commercial, business and industrial districts.

(4) Alley intersections and sharp changes in alignment shall be avoided, but where necessary corners shall be cut off sufficiently to permit safe vehicular movement.

(5) Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turnaround facilities at the deadend, as determined by the Plan Commission.

(1) Easements across lots or centered on rear or side lot lines shall be provided for utilities and/or drainage where necessary and shall be at least 15 feet wide.

(2) Where a subdivision is traversed by a water course, drainage way, channel or stream, or other body of water, appropriate dedications or easement provisions, with adequate width or construction to accommodate storm water drainage through and from the subdivision, shall be made. The width of such easement or dedication to accommodate a stream or other flood water run-off channel for operation of maintenance and construction equipment, whichever width is greater. Such easements and/or dedications shall be drawn on the subdivision plat and preserved for drainage.

(D) Block standards.

(1) The maximum lengths of blocks shall be 1,600 feet. Blocks over 600 feet may require cross-walkways. Cross-walk easements not less than ten feet in width shall be provided where deemed necessary by the Plan Commission at the approximate centers of the blocks. The use of additional cross-walkways in any instance to provide safe and convenient access to schools, parks or other similar destinations will be specified by the Plan Commission or the City Council.

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

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

(E) Lot standards. All residential lots shall conform to the minimum requirements of this zoning code.

(F) Parks, schools and public areas.

(1) Where a proposed park, playground, school or other public use area shown on the General Development Plan or on the Official Map for the city and adjacent unincorporated areas, is located in whole or in part in a subdivision, the Plan Commission or the City Council shall require the reservation of such area for acquisition in whole or in part within the subdivision in those cases where the Plan Commission and the City Council deem such requirements to be reasonable. However, in no case shall the total amount of required public areas which are to be dedicated or reserved for acquisition by the proper governing authorities exceed 7% of the total gross acreage controlled by one developer. Such dedication or reservation shall be in addition to any public street dedications. The acquisition of the additional area needed for parks, playgrounds, schools or other public use other than streets and alleys, shall be secured by the proper governing body or arrangements made for securing the area from the owner within a period not to exceed one year.

(2) In subdividing any land within the city due regard shall be shown for all natural features such as tree growth, water courses, historic spots or similar conditions which, if preserved, will add attractiveness and value to the proposed development.

(Ord. 88-30, passed 8-8-88 ; Am. Ord. 95-40, passed 9-11-95) Penalty, see § 151.999

§ 151.134 PRE-APPLICATION PROCEDURE.

(A) Prior to the filing of an application for approval of the preliminary plan, the subdivider or his or her representative shall submit to the Plan Commission plans and data as specified below. This step does not require formal application, fee or submitting of plans to the City Council.

(B) The Plan Commission shall request a meeting with the subdivider to discuss plans and particular problems. At this meeting reference will be made to the conformity of the subdivider's plans with those of the General Development Plan and the Official Map.

(1) General subdivision information shall describe or outline:

(a) The existing conditions of the site and the proposed development as necessary to supplement the sketch plan as required below.

(b) Data on existing covenants, land characteristics, and available community facilities and utilities.

(c) Information describing the subdivision proposal, such as the number of residential lots, typical lot width and depth, price range, business areas, school, playground and park areas.

(d) Other public areas, proposed protective covenants, and proposed utilities and street improvements.

(2) Sketch plan on topographic survey shall show in simple sketch form the proposed layout of streets, lots and other features in relation to existing conditions.

(a) The sketch plan may be a freehand pencil sketch made directly on a print of the topographic survey.

(b) The sketch plan shall include the existing topographic data and contours of not less than five foot intervals.

(Ord. 88-30, passed 8-8-88)

§ 151.135 PROCEDURE FOR FILING OF PRELIMINARY PLANS.

(A) Filing.

(1) A preliminary plan for the subdivision of any land within the corporate limits of the city shall first be submitted in triplicate to the City Council by a subdivider wishing to divide such land into building lots for sale or assessment, or both, or wishing to dedicate streets, alleys or other land for public use. Said preliminary plan shall include all adjacent land held in ownership or controlled by the subdivider and intended for future development.

(2) The City Council shall, by motion, refer the preliminary plan to the Plan Commission and shall, at the same time, instruct the City Engineer to collaborate with the subdivider and the Plan Commission in assembling plans for the design and construction of streets and such other public improvements as are required herein or any other ordinances. The Plan Commission shall, within 60 days from referral, submit its written recommendations for approval or disapproval to the City Council.

(3) The preliminary plan shall be referred to the Plan Commission at least ten days prior to the regular meeting of the Plan Commission to receive action thereon at that meeting.

(B) The preliminary plan shall contain the following.

(1) Identification and description.

(a) Proposed name of the subdivision.

(b) Location by township, section, range or by other legal description.

(d) Scale of plan - one inch equals 100 feet, or larger. Tracts of 200 acres or more may be drawn at a scale of one inch equals 200 feet.

(e) Date.

(f) Northpoint.

(2) Delineation of existing conditions.

(a) Boundary line of proposed subdivision shall be clearly indicated and the total approximate acreage encompassed thereby.

(b) Location, widths and names of all existing or prior platted streets or other public ways, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, houses and permanent easements, and section and corporate lines within or adjacent to the tract.

(d) Existing sewers, water mains, culverts or other underground facilities within the tract, indicating pipe sizes, manholes and exact location.

(e) Existing zoning of proposed subdivision and adjacent tracts in zoned areas.

(f) Ground elevations on the tract, based on the Paxton datum plane. For land that slopes less than one-half percent, show not less than one foot contours; for land that slopes one-half to two percent, show not less than two foot contours; and for land that slopes more than two percent show not less than five foot contours.

(g) Layout of streets, widths of rights-of-way and also the widths of cross-walkways and easements.

(h) Layout, number and dimensions of lots.

(i) Parcels of land intended to be dedicated or temporarily reserved for public use or set aside for use of property owners in the subdivision.

(j) Building setback lines, showing dimensions.

(k) Easements shall be provided for any and all public utilities where alleys are not provided. Proper continuity for the utilities from block to block shall be maintained.

(l) Location of surface or subsurface site conditions to ascertain subsurface soil, rock and ground water conditions.

(3) The following qualifications shall govern approval of the preliminary plan.

(a) The approval of a preliminary plan by the Plan Commission and the City Council is tentative only, involving merely the general acceptability of the layout as submitted.

(b) The Plan Commission or the City Council may require such changes or revisions as are deemed necessary in the interest and needs of the community.

(c) Subsequent approval will be required of the engineering proposals pertaining to water supply, storm drainage, sewerage and sewage disposal, gas and electric service, street lighting, telephone service, fire hydrants, grading, gradients and roadway widths, and the surfacing of streets, by the City Engineer and the county officials where concerned, prior to the approval of the final plat by the city.

(d) No plan will be approved for the subdivision of land which is subject to periodic flooding or which contains extremely poor drainage facilities and which would make adequate drainage of the streets impossible. However, if the subdivider agrees to make improvements which will, in the opinion of the City Engineer where concerned, make the area completely safe for residential occupancy and provide adequate street drainage, the preliminary plan of the subdivision may be approved.

(e) Tentative approval shall be effective for a maximum period of 12 months unless, upon application of the developer, the City Council grants an extension. If the final plat has not been recorded within this time limit, the preliminary plan must again be submitted for approval.

(Ord. 88-30, passed 8-8-88)

§ 151.136 APPROVAL OF FINAL PLAT.

(A) Filing.

(1) After the approval of the preliminary plat by the City Council and the fulfillment of the requirements of these regulations, a final plat shall be submitted to the City Council for approval. The final plat shall be drawn in ink on tracing cloth, not to exceed 36 inches by 48 inches in size, and shall be at a scale of 100 feet to the inch. Where necessary, the plat may be on several sheets with an index map insert showing the location of each sheet in relation to the entire subdivision. For large subdivisions the final plat may be submitted for approval progressively in contiguous sections satisfactory to the Plan Commission.

(2) A final plat submitted to the City Council must be approved or disapproved within 30 days after the Council's next regular meeting following the submission.

(3) Upon approval of the City Council, the developer shall record the plat with the Recorder of Ford County within six months. If not recorded within this time the approval shall be null and void.

(4) A print of the final plat, as recorded, will be filed and retained in the offices of the city.

(B) The final plat shall contain the following.

(1) Identification and description.

(a) Name of subdivision.

(b) Location by township, section, range or by other legal description.

(d) Scale of one inch to 100 feet or larger (shown graphically).

(e) Northpoint.

(f) Date.

(2) Delineation.

(a) Boundary of plat based on an accurate traverse, with angular and lineal dimensions.

(b) Exact location, width and names of all streets within and adjoining the plat, and the exact location and widths of all cross-walks. Proposed street names shall be checked with the proper city officials.

(c) True angle and distances to the nearest established street lines or official monuments (not less than three) which shall be accurately described in the plat.

(d) Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and angles.

(e) Radii, internal angles, points and curvatures, tangent bearings and lengths of all arcs.

(f) All easements for rights-of-way provided for public services and utilities.

(g) All lot numbers and lines, with accurate dimensions in feet and hundredths.

(h) Accurate location of all monuments, which shall be concrete six inches by six inches by 30 inches with metal pipe or rod cast in center. Permanent stone or concrete monuments shall be set at two corners or angles on the outside boundary. Pipes or other physical markers shall be placed at each intersection of street center lines. All U.S., state, county or other official benchmarks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position.

(i) Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purpose indicated thereon, and of any area to be reserved by deed covenant for common use of all property owners.

(j) Building setback lines accurately shown by dimensions.

(k) Protective covenants which meet with the approval of the Plan Commission shall be made a part of the final plat and filed of record with the County Recorder.

(l) Certification by a registered surveyor to the effect that the plat represents a survey made by him and her and that monuments and markers shown thereon exist as located and that all dimensional and geodetic details are correct.

(m) Notarized certification, by owner or owners or by any mortgage holder on the record, of the adoption of the plat and the dedication of streets and other public areas.

(n) Certifications showing that all taxes and special assessments due on the property to be subdivided have been paid in full.

(o) Proper form for the approval of the City Council with space for signature.

(p) Approval by signature of city, county and state officials concerned with the specifications of utility installations.

(q) Approval by signature of the Plan Commission. Such approval shall be as follows:

I, Chairman of the Paxton Plan Commission, do certify that on this day of , 20 , this plat of subdivision was duly approved by the Plan Commission of the City of Paxton, Illinois.

Chairman

This approval of the final plat shall not be deemed to constitute or effect an acceptance by the public of the dedication of any street or other proposed public way or space shown on the plat.

(Ord. 88-30, passed 8-8-88)

§ 151.137 AGREEMENTS.

The final plat to be filed of record shall be accompanied by a statement signed by the owner and subdivider setting forth the following:

(A) Plans and specifications for such improvements previously approved by the City Engineer clearly describing the same.

(B) Agreement executed by the owner and the subdivider wherein they agree to make and install the improvements provided for in this section, in accordance with the plans and specifications accompanying the final plat.

(C) Performance bond executed by the owner and the subdivider and approved by the City Council. Said performance bond shall be 100% of the estimated cost of all streets and improvements which this chapter requires and which are shown on the approved plans and specifications. The amount of the bond shall be fixed by the City Engineer based on costs which are current in the trades for like items of construction and installation. All bonds shall be with a company licensed to do business in the State of Illinois. Performance bonds shall specify that all the improvements will be installed within a period of two years.

(D) In lieu of the provisions of divisions (B) and (C) of this section, in the event that such owner and subdivider shall submit said evidence of the existence of the binding agreement with a responsible contractor agreeing to accept all bonds which may be issued under any local improvement proceedings for the installation of such improvement or a bona fide and subsisting bid by a responsible person for the purchase for cash of such local improvement bonds at par value or more, then the requirements of divisions (B) and (C) of this section may be waived.

(Ord. 88-30, passed 8-8-88)

§ 151.138 REQUIRED LAND IMPROVEMENTS.

No subdivision of land shall be approved without receiving a statement signed by the City Engineer certifying that the improvements described in the subdivider's plans and specifications, as prepared by a registered professional engineer, together with agreements, meet the minimum requirements of all ordinances of the city and that they comply with the following.

(A) Public water.

(1) Per specifications obtained from the City Engineer, water distribution systems will be provided by the subdivider in all new subdivisions.

(2) All water distribution systems will be connected to the water distribution system of the city.

(B) Sanitary sewers. Sanitary sewers shall be installed to comply with specifications established by the City Engineer and shall be connected to the sanitary disposal system of the city, if reasonably accessible, otherwise to a specially constructed sanitary sewage disposal plant in accordance with plans acceptable to the city.

(1) Storm sewers shall be constructed throughout the entire subdivision which shall be separate and independent of the sanitary sewer system and which shall provide an adequate outlet. Adequate facilities for the removal of surface water shall be provided throughout the entire subdivision.

(2) The storm sewer system and its outlet shall be so designed that when the outlet stream or channel is in full flood, the sewer will not fail to function.

(3) Minimum size of openings for bridges and culverts which are built or rebuilt must be approved by the City Engineer.

(4) Side slopes along a drainage course shall have a minimum slope of 4:1 to facilitate maintenance.

(D) Street improvements.

(1) Pavements for major streets and alleys and streets or alleys in areas intended for business, commercial or industrial uses shall be constructed with either Portland cement concrete with integral curbs or bituminous concrete with combination concrete curbs and gutters, in accordance with the existing design criteria and specifications as published by the Department of Transportation of the State of Illinois. Portland cement pavements shall be not less than eight inches in thickness. Bituminous concrete pavements shall be three inches of bituminous concrete laid in two courses over a ten inch minimum compacted crushed stone (CA-6 or CA-10) base. In the absence of adequate soil analysis, a soil support (IBR) value of 2.0 shall be used.

(2) All other streets and alleys shall be Portland cement pavement, with integral curbs, not less than six inches in thickness or bituminous concrete pavement with combination concrete curb and gutters, in accordance with the existing design criteria and specifications as published by the Department of Transportation of the State of Illinois, not less than two and one-half inches in thickness laid in two courses over a seven inch minimum compacted crushed stone (CA-6 or CA-10) base. In the absence of adequate soil analysis, a soil support (IBR) value of 2.0 shall be used.

(3) The above referenced Design Manual and Highway Design Standards and any revisions or amendments which may from time to time be made to same, are hereby adopted and made a part of this chapter, to the same extent and with the same legal effects as if fully set forth therein.

(4) All streets within the corporate limits of the city shall be improved with pavements bounded by integral concrete curbs and gutters.

(5) Curbs and gutters on minor residential streets shall be the integral rolled-type unit of standard design approved by the City Engineer, not less than 18 inches in overall width and not less than six inches thick where curb abuts the street pavement.

(6) Storm water inlets shall be provided within the roadway improvement at points specified by the City Engineer.

(7) Alleys, where permitted herein, shall be paved full width per city specifications.

(8) All curb corners shall have a radius of not less than 20 feet and at important intersections not less than 35 feet.

(E) Public utilities.

(1) All utility lines for telephone and electric services shall be placed in rear or side line easements when carried on overhead poles.

(2) Where telephone and electric service lines are placed underground entirely throughout a subdivided area, said conduits or cables shall be placed within easements or dedicated public ways in a manner which will not conflict with other underground services. Further, all transformer boxes shall be located so as not to be unsightly or hazardous to the public.

(F) Sidewalks. In the city, concrete sidewalks, having a width of four feet and a thickness of at least four inches shall be installed along both sides of all public streets, except cul-de-sacs, as part of street improvements required by the Plan Commission and/or the City Council.

(G) Landscaping.

(1) All unpaved areas within the street rights-of-way shall be seeded or sodded. Before the release of the 15 month maintenance bond can be recommended by the City Engineer, all unpaved areas between the edge of the road pavement and the right-of-way line must support an adequate mat of grass. Provisions shall be made to assure the growth of all landscaping.

(2) (a) Street trees shall be planted on both sides of each proposed street except where there are existing trees present and preserved as determined by the City Engineer. Street trees newly planted shall be no further apart than 50 feet and the type of tree shall be limited to those varieties as approved by the city.

(b) Newly planted street trees shall be at least two and one-half inches in caliper, measured one foot from the ground.

(3) Protective screen planting may be required to secure a reasonably effective physical barrier between residential properties and adjoining uses to minimize adverse conditions of sight and sound.

(H) Street signs. Street signs of the type approved by the City Council shall be installed at each intersection and shall indicate the street names as shown on the final plat. Street signs shall be set in the ground according to standard details obtainable from the City Engineer.

(I) Street lighting. Provisions shall be made for the adequate lighting of public streets within the proposed subdivision in accordance with the standards and requirements established by the City Council.

(Ord. 88-30, passed 8-8-88) Penalty, see § 151.999

§ 151.139 CONSTRUCTION AND INSPECTION.

(A) No construction of improvements within the proposed subdivision shall begin until the final plat has been approved by the City Council.

(B) All public improvements proposed to be made under the provisions herein shall be inspected during the course of construction by the City Engineer or a duly designated deputy.

(C) During the course of construction of the improvements, the subdivider shall be required to notify the City Engineer 24 hours before each of the following operations in order that the Engineer or a duly designated deputy may make required inspections.

(1) Before base material is deposited in place for inspection of all street sub-grades.

(2) Before bituminous topping is placed on the base material, for inspection of the base construction.

(3) Before any back-filling operations whatsoever following the installation of water, sanitary or storm sewers or any other underground improvement.

(4) The subdivider shall pay the cost of all inspections. The fee shall be established by the city based on current rates and standard engineering practice.

(D) Any trenches, excavations or underground improvements shall be backfilled with screened aggregates of such character as to prevent sinking and undermining of surface improvements such as streets, curbs and sidewalks.

(E) All service boxes and buffalo boxes shall be located in the parkway and with due regard for the location of surface improvements such as sidewalks.

(Ord. 88-30, passed 8-8-88) Penalty, see § 151.999

§ 151.140 ACCEPTANCE OF STREETS AND IMPROVEMENTS.

(A) Acceptance of streets and improvements is conditional, based upon a 15 month maintenance period which commences with the date of the beginning of actual construction of such streets and improvements. A maintenance bond running to the City Council is required to be written and accepted by the City Council at such time as the streets and improvements are accepted. The amount of the maintenance bond shall be one-tenth the estimated cost of the streets and improvements and shall be set by the City Engineer. At the end of the 15 month period, all of the accepted improvements being in satisfactory condition, the maintenance bond shall be released by the City Council.

(B) Final acceptance of all streets and improvement is the responsibility of the City Council.

(C) When the subdivider has completed the construction of the improvements he or she shall notify the City Engineer by letter (four copies) of this fact, and formally request a final inspection by said party or a duly designated deputy. In this letter he or she shall briefly describe all improvements and he or she shall enclose four copies of the subdivision plan which shows these improvements. No later than 14 days after receipt of this letter by the City Engineer he or she, or a duly designated deputy, shall make his or her inspection. The subdivider shall pay the cost of this inspection. The fee shall be established by the city, based on current rates and standard engineering practice.

(D) No later than seven days after inspection of the subdivision improvements, the subdivider shall be notified by the City Engineer in writing of the results of the inspection.

(Ord. 88-30, passed 8-8-88)

§ 151.141 VARIATIONS AND EXCEPTIONS.

The Plan Commission may recommend variations from these requirements in specific cases which, in its opinion, do not affect the general plan or the spirit of the zoning code. Such recommendations, in writing with the reasons therefore, shall be communicated to the City Council. The City Council may then approve variations from these requirements in specific cases which, in its opinion, do not affect the general plan or the spirit of the zoning code.

(Ord. 88-30, passed 8-8-88)

§ 151.142 BUILDING PERMIT.

No building permit shall be issued by any governing official for the construction of any building, structure or improvement to the land or any lot within a subdivision as defined herein, which has been approved for platting or replatting, until all requirements herein have been fully complied with.

(Ord. 88-30, passed 8-8-88)

§ 151.143 OCCUPANCY PERMIT.

No occupancy permit shall be granted by any governing official for the use of any structure within a subdivision approved for platting or replatting until required utility facilities have been installed and made ready to service the property, and that roadways providing access to the subject lot or lots have been constructed, or that are in the course of construction.

(Ord. 88-30, passed 8-8-88)

§ 151.144 BLASTING.

No blasting shall take place in connection with any work in a subdivision until appropriate city authorities have been notified and the appropriate ordinances complied with.

(Ord. 88-30, passed 8-8-88) Penalty, see § 151.999

§ 151.145 ENFORCEMENT.

The Building Administrator is designated as the subdivision administrator of the city to be responsible for enforcing these subdivision regulations. The Building Administrator shall have the power and shall see that the provisions of this chapter are properly enforced.

(Ord. 88-30, passed 8-8-88)

§ 151.146 RECORD OF PLATS.

The Building Administrator shall keep a record of all final plats approved by the City Council showing the date of approval, the date of recordation, the subdivision name and the legal description of the property involved. This record shall be available for inspection by the public during regular business hours.