This Title shall hereafter be known, cited and referred to as the SUBDIVISION AND PLAT ORDINANCE OF THE CITY OF PLANO or the PLANO SUBDIVISION REGULATIONS. (Ord. 1998-23, 8-24-1998)

Because each new subdivision accepted by the City becomes a permanent unit in the basic physical structure of the community, and to which the future community will, of necessity, be faced to adhere, all subdivisions hereafter planned within the incorporated limits of the City and within the unincorporated area lying within one and one-half (11/2) miles beyond the corporate limits shall, in all respects, be in full compliance with the regulations hereinafter contained in this Title. These regulations are designed to provide for the orderly and harmonious development of the City, for the coordination of streets within new subdivisions with other existing or planned streets, and to secure a uniform system of utilities and services, and otherwise to promote realization of the Comprehensive Plan. The regulations of this Title are adopted:

   A.   To protect the public health, safety and general welfare.

   B.   To conserve, protect and enhance property and property values.

   C.   To secure the most efficient use of land.

   D.   To facilitate the adequate but economical provision of public improvements.

   E.   To provide for the orderly growth and development of the City.

   F.   To provide adequate facilities for safe and efficient means of traffic circulation.

   G.   To safeguard the public against flood damage, soil erosion and sedimentation.

   H.   To prescribe reasonable rules and regulations governing subdivision and plats, location, width and course of streets and highways, the installation of utilities, street pavements and other essential improvements, and the provisions of necessary public grounds for schools, parks, playgrounds and other public open space.

   I.   To establish procedures for the submission, approval and recording of plats.

   J.   To provide the means for enforcement.

   K.   To provide penalties for violations. (Ord. 1998-23, 8-24-1998)

This Title shall apply to all subdivisions of land within the incorporated limits of the City and within the unincorporated area lying within one and one-half (11/2) miles beyond the corporate limits of the City. Said subdivisions shall, in all respects, be in full compliance with the applicable regulations hereinafter set forth in this Title. (Ord. 1998-23, 8-24-1998)

   A.   Minimum Requirements: In interpreting and applying the provisions of this Title, they shall be held to be the minimum requirements for the promotion and effectuation of the purpose set forth herein for the promotion of public health, safety, and welfare.

   B.   Conflicting Laws And Agreements: Where this Title imposes greater restrictions or requirements than one imposed or required by other provisions of law, rules, regulations, covenants or agreements, the provisions of this Title shall control, but nothing herein shall interfere with, abrogate or annul any easement, covenants, deed restrictions or agreements between parties which impose restrictions greater than those imposed by this Title. (Ord. 1998-23, 8-24-1998)

The language set forth in the text of this Title shall be interpreted in accordance with the following rules of construction:

   A.   Words used in the singular number include the plural and the plural the singular.

   B.   Words used in the present tense include the past and future tenses, and the future the present.

   C.   The word "shall" is mandatory and not discretionary.

   D.   The word "may" is permissive.

   E.   The masculine gender includes the feminine and neuter.

Whenever a word or term defined hereinafter appears in the text of this Title, its meaning shall be construed as set forth in the definition thereof; and any word appearing in parenthesis directly after a word herein defined, shall be construed in the same sense as that word.

The following words and terms, wherever they occur in this Title, shall be interpreted as herein defined:

ACCEPTANCE OF THE SUBDIVISION: That formal act of transference of public improvement to a specific subdivision or development from private ownership and control to that of the appropriate public agency pursuant to conditions, procedures and terms set forth in this Title.

ALLEY: A public right of way primarily designed to serve as secondary access to the side or rear of properties whose principal frontage is on some other street.

BLOCK: A tract of land bounded by streets, or by a combination of streets, railway rights of way or waterways or limits of subdivision.

BUILDING AND ZONING ADMINISTRATOR/INSPECTOR: The Building and Zoning Administrator/Inspector of the City of Plano, Illinois, or his duly authorized representative.

BUILDING SETBACK LINE (FRONT): A line nearest the front of and across a lot or parcel of land establishing the minimum open space to be provided between the front line of a building or structure and the line of the fronting street right of way.

CITY COUNCIL: The Mayor and City Council of the City of Plano, Illinois.

COLLECTOR STREET: A street which carries traffic from minor streets to arterial streets, including the principal entrance streets of residential developments and the principal streets for circulation within such a development.

COMMON OPEN SPACE: Land unoccupied by structures, buildings, streets, rights of way and automobile parking lots and designed and intended for the use and enjoyment of residents of a planned unit development. Common open space may contain structures for recreational use.

COMPREHENSIVE PLAN: Refers to the composite of the functional and geographical elements of the Official Comprehensive Plan of the City of Plano and environs of any segment thereof, in the form of plans, maps, charts, text of reports, implementing ordinances and the Official Map.

CONDOMINIUM: Refer to 765 Illinois Compiled Statutes.

CROSSWALKWAY: Any lane marked off to be used by pedestrians in crossing a street.

CUL-DE-SAC: A street open only at one end, having a vehicle turnaround at the other end.

DEAD-END STREET: A street having only one outlet.

DENSITY, GROSS: A ratio of the total number of dwelling units on a site, divided by the total acreage of the site, to include streets, schools, parks, existing flood plain, wetlands, steep slopes, extensive quality woodland, and an allocation of open space, etc., expressed as dwelling units per acre.

DENSITY, NET: A ratio of the total number of dwelling units on a site, divided by the number of acres used exclusively for a residential type acreage, not to include schools, parks, streets, existing flood plain, wetlands, steep slopes, extensive quality woodland, and an allocation of open space, etc., expressed as dwelling units per acre.

DESIGN STANDARDS OR DESIGN REQUIREMENTS: All requirements and regulations relating to design and layout of subdivision.

EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose(s), of any designated part of such owner's property.

ESTATE SUBDIVISION: Any subdivision which is located within one and one-half (11/2) miles from the Municipality and which has lots of not less than one acre and which does not contain lots fronting onto a County or State highway or a roadway designated as an arterial highway.

EXEMPT SUBDIVISION:

   A.   A division of land ordered or approved by a court or affected by testamentary or intestate provisions;

   B.   A division of land solely for agricultural purposes;

   C.   A conveyance of land for use as right of way for highway, railroad or other public utilities not involving any new streets or easements of access;

   D.   The sale or exchange of parcels between owners of adjoining property if additional lots are not thereby created, and the lots resulting are not reduced below the minimum size required by this Title or any other applicable law or ordinance;

   E.   A conveyance made to correct errors in prior conveyances; and

   F.   The division of acreage in excess of five (5) acres intended for future development of subdivision.

FINAL PLAT: A map or plan of a subdivision and any accompanying material as described within this Title.

FRONTAGE: The property on one side of a street between two (2) intersecting streets (crossing or terminating) measured along the right-of-way line of the street; or with a dead-end street, all property abutting one side of such street measured along the right-of-way line from the nearest intersecting street and the end of the dead-end street.

FRONTAGE LOT: That portion of the frontage which lies between the side lot lines of a single lot.

FRONTAGE ROAD: A public or private marginal access roadway generally paralleling and contiguous to a street or highway and designed to promote safety by eliminating unlimited ingress and egress to such street or highway providing points of ingress and egress at more or less uniformly spaced intervals.

IMPROVEMENTS: All facilities constructed or erected by a subdivider within a subdivision to permit and facilitate the use of lots or blocks for a principal residential, business or manufacturing purpose.

LAND IMPROVEMENT: Any sanitary sewerage system, storm sewer system, water supply and distribution systems, roadway, earthwork, sidewalk, pedestrianway, no-access strip, off- street parking area or other improvement which the City may require under this Title.

LOT: A designated parcel, tract, or area of land established by a plat of subdivision, recorded with the Kendall County Recorder of Deeds and to be used, developed, or built upon as a unit.

LOT DEPTH: The distance between the midpoint of the front lot line and the midpoint of the rear lot line.

LOT, DOUBLE FRONTAGE: A lot, two (2) opposite lot lines of which abut upon streets which are more or less parallel.

LOT LINE: A boundary line of a lot.

LOT SPLIT: A dividing or redividing of a lot or lots in a recorded plat of subdivision into not more than two (2) tracts which meet the criteria established within these regulations.

LOT WIDTH: The distance on a horizontal plane between the side lot lines of a lot, measured at right angles to the line establishing the lot depth at the established building setback line.

MINOR STREET: A street of limited continuity. Its primary purpose is to serve abutting properties.

MINOR SUBDIVISION: Any subdivision containing not more than five (5) lots not involving any new streets, roads or extension of Municipal facilities; and not adversely affecting the development of the remainder of the parcel of adjoining property; and not in conflict with any provision or portion of the applicable Comprehensive Plan or any functional segment thereof, Zoning Ordinance or Subdivision Control Ordinance or regulation, and Official Map relating thereto.

NO-ACCESS STRIP: A land area at least twelve feet (12') wide along the lot line of a lot and abutting a thoroughfare within which no vehicular driveway shall be permitted, within the "no-access" strip.

PARCEL: The word "parcel" shall refer broadly to a lot, tract or any other piece of land.

PARKWAY: The unpaved strip of land within a street right of way and parallel to the roadway.

PEDESTRIANWAY: A right of way across or within a block designated for pedestrian use.

PLAN COMMISSION: The Plano Plan Commission.

PLANNED UNIT DEVELOPMENT: A tract of land which, at its time of development, is developed under single ownership or unified control, which includes two (2) or more principal buildings or uses, and is processed under the planned development procedures of this Title and/or the Zoning Title. (Refer to Title 5, Chapter 11 of this Code.)

PLANNED UNIT DEVELOPMENT PLAT: A drawing or map made to measurable scale upon which the design requirements of the planned unit development are to be met and intended for recording with the County Recorder of Deeds.

PLAT: A subdivision as it is represented as a formal document by drawing and writing.

PLAT COMMITTEE: The committee designated by the City Council to have the final decision on all plats. Appeals may be made to the full City Council.

PRELIMINARY PLAT: A tentative map or plan of a proposed subdivision as described herein.

RESERVE STRIP (SPITE STRIP): Right-of-way "reserve or spite" strips controlling access to streets shall not be permitted.

RESUBDIVISION: The subdivision of a tract of land which has previously been lawfully subdivided and a plat of such prior subdivision duly recorded.

RIGHT OF WAY: A strip of land occupied or intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term "right of way" for land platting purposes in the City shall mean that every right of way hereafter established and shown on a final recorded plat is to be separate and distinct from the lots or parcels adjoining such right of way, and not included within the dimensions or areas of such lots or parcels. Rights of way intended for roads, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right of way is established.

ROADWAY: The paved portion of the street available for vehicular traffic.

SCREENING: Decorative fencing, walls, earthen berms, or evergreen vegetation maintained for the purpose of concealing from view the area behind such fencing or evergreen vegetation. When fencing is used for screening, it shall be not less than six feet (6') nor more than eight feet (8') in height.

SERVICE DRIVE: A public street, generally paralleling and contiguous to a main traveled way, primarily designed to promote safety by eliminating promiscuous ingress and egress to the right of way and providing safe and orderly points of access at fairly uniform spaced intervals.

SEWAGE DISPOSAL SYSTEM, CENTRAL: A system of sanitary sewers serving ten (10) or more lots that discharge either into an interceptor sewer or an approved sewage treatment plant.

SEWAGE DISPOSAL SYSTEM, INDIVIDUAL: A septic tank seepage tile sewage disposal system or any other sewage treatment device approved by the Kendall County Department of Public Health and servicing only one lot.

SIDEWALK: That portion of street or crosswalk way, paved or otherwise surfaced, intended for pedestrian use only. The minimum sidewalk width shall be: in residential developments, four feet (4') minimum; in all other developments, five feet (5') minimum.

SITE DEVELOPMENT PLAN FOR PERMIT: A plan prepared by a professional engineer that shows the method, control and implementation of erosion measures, storm runoff and/or grading of lands for the construction of improvements.

SPECIAL USE: A specific use of land or building, or both subject to special provisions and which, because of its unique characteristics, cannot be properly classified as a permitted use. (See Title 5 of this Code.)

STREET: An area which primarily serves or is intended to serve as a vehicular and pedestrian access to abutting lands or to other streets. The word "street" refers to the width of the street right of way or easement, whether public or private, and shall not be considered as the width of the roadway or paving or other improvement on the street right of way. Such is to include, but not be limited to, that which is named or commonly referred to as street, avenue, road, lane, boulevard or way.

STREET, COLLECTOR: A street, such as the principal entrance of residential development and the principal circulating streets within such a development, which carries traffic from minor streets to primary and secondary streets.

STREET, HALF: A street bordering one or more property lines of a tract of land in which the subdivider has allocated but part of the ultimate right-of-way width.

STREET, MARGINAL ACCESS: A local street which is parallel and adjacent to thoroughfare streets and expressways, and which provides access to abutting properties and protection to local traffic from fast, through-moving traffic on the primary streets and expressways.

STREET, MINOR: A street intended primarily as access to abutting properties.

STREET, PRIMARY: A street which serves as a main traffic thoroughfare, both within and outside of the City, carrying heavy volumes of traffic.

STREET, SECONDARY: A street which collects and distributes traffic within intensively developed areas and is used primarily for internal trips within the planning area.

STREET WIDTH: The shortest distance between the property lines abutting both sides of a street right of way.

SUBDIVIDER: The owner, or any other person, firm or corporation authorized by the owner, undertaking proceedings under the provisions of these regulations for the purpose of subdividing land.

SUBDIVISION: A described tract of land which is to be, or has been, divided into two (2) or more lots or parcels. The term subdivision includes resubdivision and, where it is appropriate to the context, relates to this Title; however, the requirements contained herein shall not apply, and no plat is required, in any of the following instances:

   A.   The division or subdivision of land into parcels or tracts of five (5) acres or more in size which does not involve any new streets or easements of access.

   B.   The division of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access.

   C.   The sale or exchange of parcels of land between owners of adjoining and contiguous land.

   D.   The conveyance of parcels of land or interests therein for use as right of way for railroads or other public utility facilities which does not involve any new streets or easements of access.

   E.   The conveyance of land for highway or other public purposes, or grants or conveyances relating to the dedication of land for public use, or instruments relating to the vacation of land impressed with a public use.

   F.   The conveyance of land for highway or other public purposes, or grants or conveyances relating to the dedication of land for public use, or instruments relating to the vacation of land impressed with a public use.

   G.   Conveyances made to correct descriptions in prior conveyances.

   H.   The sale or exchange of parcels or tracts of land existing on the effective date hereof into no more than two (2) parts and not involving any new streets or easements of access.

SUBDIVISION BOND: A surety bond, a certificate of deposit, or an irrevocable letter of credit approved by the City Engineer and the City Council and payable to the City of Plano, sufficient to cover the full cost plus ten percent (10%) of the improvements as estimated by the engineer employed by the subdivider and approved by the City Engineer to assure the satisfactory installations of improvements. The irrevocable letter of credit form is shown within this Title and any other form must be reviewed and approved by the City Attorney.

THOROUGHFARE, COLLECTOR: A street which is used to carry traffic from minor to secondary streets.

THOROUGHFARE, PRIMARY: A street designed to serve as a major traffic artery for movement of vehicles through the City or between various parts of the City.

THOROUGHFARE, SECONDARY: A street which is used to carry traffic from collector streets to thoroughfare streets.

TURNAROUND: An area at the closed end of a dead-end street or cul-de-sac within which vehicles may reverse their direction without any backing up. (Ord. 1998-23, 8-24-1998)

No parcel shall be subdivided which is unsuitable for subdivision by reason of flooding, collecting of ground water, bad drainage, adverse earth or rock formation or topography, or any other feature likely to be harmful to the health, safety, or welfare of the future residents of the subdivision or of the community. Such land shall remain unsubdivided until such time as the conditions causing the unsuitability are corrected, or the developer can provide exhibits and data to the City for approval of suitability for development. (Ord. 1998-23, 8-24-1998)

Where a proposed park, playground, school, fire station, police station or other public use shown on the Official Map of the City is located in whole or in part in the subdivision, the appropriate public agency or governing bodies shall be given an opportunity to begin, within one year from the date of recording of the final plat, procedures to acquire said acreage. (Ord. 1998-23, 8-24-1998)

   A.   Summary Of Subdivision Process: The following is a summary of the requirements for processing a subdivision request:

      1.   Existing proper zoning or an application filed for a zoning change with building code and zoning administration (Building and Zoning Administrator/Inspector).

      2.   Sketch plan conference with City Plan Commission.

      3.   Environmental plan review by the health authority.

      4.   Preliminary plat evaluation by Plan Commission, City Planner and Engineer.

      5.   Preliminary plat review with City Planner and City Engineer, Plan Commission and City Council.

      6.   Improvement plan review with the City Planner, City Engineer, Plan Commission and City Council.

      7.   Final plat review with City Plan Commission, City Planner and City Engineer.

   B.   Required Information: Before subdividing any tract or parcel of land in the City and in the unincorporated area within one and one-half (11/2) miles beyond the City limits, or wishing to dedicate streets, alleys or other land for public use, an owner or subdivider shall submit: 1) a sketch plan; 2) a preliminary plat; and 3) a final plat to be acted upon by the City authorities in accordance with the requirements of this Chapter. (Ord. 1998-23, 8-24-1998)

   A.   Owner To Obtain Documents: Prior to the preparation of a preliminary plat, it is recommended that the owner or his authorized representative obtain from the City Clerk the checklist and procedures for subdivisions, a copy of the Subdivision Control Ordinance, Comprehensive Plan, Zoning Ordinance, Planned Unit Development (PUD) Ordinance, and other applicable City ordinances.

   B.   Filing Of Preapplication Report:

      1.   The owner or his authorized representative prepares a preapplication report containing information described below and files twenty four (24) copies with the City Clerk at least twenty (20) days prior to the next regular Plan Commission meeting and requests a preliminary conference.

      2.   City Clerk transmits a copy of the preapplication report and request at least fifteen (15) days prior to the next regular Plan Commission meeting to:

         a.   Plan Commission.

         b.   Zoning Board of Appeals.

         c.   City Attorney.

         d.   City Council and Mayor.

         e.   City Engineer.

         f.   Planning Consultant.

   C.   Contents: Preapplication report should contain the information listed below to give the Plan Commission the proposed general land use and layout and how it will fit into the Comprehensive Plan of the City.

      1.   Show in writing how the subdivision will fit into the Comprehensive Plan and goals and policies of the City as to density, number and dwelling units by type, type of development (regular subdivision or PUD) and zoning to be requested.

      2.   Proof of ownership, name, address and phone number of owner, engineer, surveyor, and land planner.

      3.   Map showing acreage, tentative layout, size of lots and price range; tentative layout and size of streets; accurate boundary map of property to be subdivided; and City limits.

      4.   Location and size and unused capacity of nearest utilities (water, sewer and storm drainage facilities), major problems, if any, and list of data studies and costs to be provided by owner or his authorized representative.

      5.   County Soil and Water Conservation District report giving land characteristics such as natural drainage, swamp areas, wooded areas and ridges, flood plains, soil survey reports, etc.

      6.   Existing covenants and proposed protective covenants.

      7.   Business areas.

      8.   School, playground, park and other public areas to be included in the development.

      9.   General location of proposed utilities and street improvements.

      10.   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, showing location and extent of types of land uses proposed. It may be a free- hand pencil sketch made directly on a print of the topographic data and contours of not more than five foot (5') intervals.

      11.   Location by township, section, town and range or by other legal description.

      12.   Population and economic impact study, projected revenues from development compared with projected costs for governmental services to be provided to development.

      13.   Study of impact of subdivision on school district showing estimated student population, assessed valuation per pupil, etc.

      14.   Financial assistance, if any, to be contributed by owner to respective governmental agencies.

      15.   Existing streets surrounding subject property.

      16.   Off-street parking and other service facilities proposed.

      17.   For multiple-family, commercial and industrial areas, show the location of buildings, approximate dimension, off-street parking and delivery areas, and buffer zones.

   D.   Review Of Preapplication Report: At a regular meeting, a preapplication conference will be discussed by the Plan Commission. Items of review will be:

      1.   Conformity to plan or orderly pattern of development.

      2.   Appropriateness of lot configuration.

      3.   Preliminary opinion as to soundness of proposal.

      4.   Whether regular subdivision or PUD submission is appropriate.

      5.   General discussion and whether all information asked for has been provided.

   E.   Decisions: At the next regular meeting of Plan Commission (if required by said Commission) the Plan Commission will further study information presented at the preapplication conference and make a recommendation to owner at the meeting or within fifteen (15) days, sending a copy of recommendation to Mayor and City Council and the City Clerk. If recommendation is for regular subdivision, the preliminary plat application procedure listed below is to be followed; if a PUD is recommended, then follow the procedure/requirements of a planned unit development along with the preliminary plat requirements. (Ord. 1998-23, 8-24-1998)

   A.   Filing Of Preliminary Plat:

      1.   The owner or his authorized representative shall file an application for approval of the preliminary plat with the City Clerk. Twenty four (24) copies of the preliminary plat and the required filing fee shall accompany the application.

      2.   City Clerk sends complete application and preliminary plan, at least fifteen (15) days prior to the next regular meeting of the Plan Commission, to:

         a.   Plan Commission.

         b.   Zoning Board of Appeals.

         c.   City Attorney.

         d.   City Council and Mayor.

         e.   City Engineer.

         f.   Planning Consultant.

   B.   Required Information And Exhibits: Preliminary plat should contain or be accompanied by the following information:

      1.   Proof of ownership.

      2.   Proposed name of subdivision.

      3.   Location by township, section, town and range, or by other legal description.

      4.   Names and addresses of owner, engineer, surveyor and land planner who made the plan.

      5.   Scale of the plan, one foot to one hundred feet (1'-100') or larger, unless another scale is approved by the Plan Commission.

      6.   Date.

      7.   North point.

      8.   Easements, location, width and purpose.

      9.   Boundary lines on map showing acreage, layout, number and size of lots and streets, and City limits.

      10.   Location, width and names of all existing or prior platted streets or other public ways, railroads and utility rights of way, parks and other public open ways, and other public open spaces, permanent buildings and structures, houses or permanent easements, and section or corporation lines, within or adjacent to the tract.

      11.   Boundary lines of adjacent tracts of unsubdivided or subdivided land, showing ownership where possible.

      12.   Existing sewers, water mains, culverts or other underground facilities within the tract indicating pipe sizes, grades, manholes and exact location, distance and direction to nearest usable facilities.

      13.   Either a preliminary plan for water, sewer and storm sewers or a written statement setting forth general plans for such improvements and indicating the method to be employed to overcome particular problems that may be encountered with the development of the proposed subdivision.

      14.   Zoning on and contiguous to the tract.

      15.   Streets on and adjacent to tract, name and right of way, width and location, approximate grades and gradients, type, width and elevation of surfacing, type of construction and similar data for alleys, if any.

      16.   Sufficient information to show the intent of surface drainage, tree cover and soil types.

      17.   Sites to be reserved or dedicated for schools, parks, playgrounds or other public uses.

      18.   Proposed building setback lines, showing dimension.

      19.   Site data, including number of residential lots, typical lot size, acres in parks, multi-family dwellings, churches, industry, etc. Site data shall also include minimum lot sizes, gross density calculations, and net density calculations.

      20.   Draft of protective covenants whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development.

      21.   Contour lines of not greater than two foot (2') intervals for topography of the tract.

      22.   Any other data regarding physical conditions that is needed to properly study and act upon the proposed plan.

      23.   Proper form for the approval of the City Council and Plan Commission with space for signatures.

      24.   Proposed utilities and street improvements.

      25.   Population and economic impact study, projected revenues from development compared with projected costs for governmental services to be provided to development, including school district.

      26.   Financial assistance, if any, to be contributed by other respective governmental agencies.

   C.   Approval Qualifications: The following qualifications shall govern approval of the preliminary plan:

      1.   The approval of a preliminary plan by the Plan Commission is tentative and advisory only, involving merely the general acceptability of the layout as submitted, and is subject to final approval by the City Council.

      2.   The City may require such changes or revisions as are deemed necessary in the interest and needs of the community.

      3.   Subsequent approval will be required of the engineering proposals pertaining to water supply, storm drainage, sewerage disposal, gas and electric service, fire hydrants, grading, gradients and roadway widths, and the surfacing of streets by the proper governing authority, or anyone so appointed, and the City officials, where concerned, prior to the approval of the final plat by the City.

      4.   Tentative approval shall be effective for a maximum period of twelve (12) months from signing by the Mayor and City Clerk 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 to the Plan Commission.

   D.   Plan Commission Action And Recommendations:

      1.   At the regular Plan Commission meeting, the Plan Commission will appoint a Subdivision Committee which will study all information received, and will check with all City departments and determine what additional service will need to be provided to the subdivision, cost and any other information available (Fire Department, Police Department, Street Department, Sewer and Water Department, City Planner and Engineer as well as the school district).

      2.   At the next regular Plan Commission meeting the Subdivision Committee will present its report, a discussion on this Committee report will be held and a study of all materials presented will be done. A recommendation to City Council will be made at this meeting or, if necessary, tabled until the next regular meeting.

      3.   The Plan Commission shall recommend approval or disapproval of the preliminary plat by the third regular meeting from the date of filing of application or the filing by the applicant of the last item of required supporting documents, whichever date is later, unless such time is extended by mutual consent. The preapplication procedure, sketch plan phase shall not be considered part of this time requirement.

      4.   When the preliminary plat has been acted upon by the Plan Commission, it shall be referred to the City Council and a copy of its recommendation shall be sent to the Zoning Board of Appeals.

      5.   If the Plan Commission approves the plat, it shall so indicate on the plat:

   Signature of Plan Commission Chairman

If not approved, the Plan Commission shall furnish the City Council, the Zoning Board and the applicant a written statement setting forth the reasons for disapproval and specifying the aspects in which the proposed plat fails to conform to this Ordinance and Official Map, and with the intent of the Comprehensive Plan.

   E.   Hearing On Zoning Changes Or Variances: If zoning change variances of the Plano Zoning Ordinance are required, the City Clerk and Zoning Board of Appeals shall set a date for a public hearing on these variances or zoning changes within the preliminary plat, with notification in a newspaper of general circulation as specified by State statute, of time and place of hearing not more than thirty (30) nor less than fifteen (15) days before the hearing. The Zoning Board shall forward its recommendation to City Council in time for next City Council meeting following hearing.

   F.   City Council Action, Procedure Upon Approval:

      1.   The City Council shall accept or reject said plat within thirty (30) days of its regularly scheduled meeting following the action of the Plan Commission and the Zoning Board of Appeals, (if a variation or rezoning is required).

      2.   Upon approval of the preliminary plat by the City Council, the following notice of approval shall be stamped upon four (4) prints thereof, and required signatures affixed:

NOTICE OF APPROVAL OF PRELIMINARY PLAT

      3.   Four (4) prints of such approved preliminary plat shall be distributed by the City Clerk as follows:

         a.   One print to Plan Commission;

         b.   One print to City Planning Consultant;

         c.   One print shall be retained by the City Clerk for filing; and

         d.   One print shall be returned to the subdivider.

   G.   Conditions Of Approval: Approval of the preliminary plat by the Plan Commission, Zoning Board of Appeals and City Council shall be conditioned upon all stipulations set forth within this Title. (Ord. 1998-23, 8-24-1998)

   A.   Plans Required: Improvement plans, as required by this Title, shall be furnished within ten (10) months from the approval of the preliminary plat. If only a portion of the plat is to be improved and submitted for final plat approval, construction plans and specifications need be prepared for such portion only. However, the entire area of the proposed subdivision, as well as any additional area necessary to proper design of facilities, shall be the basis for design, and so indicated.

   B.   Description And Required Information: Final construction plans shall be prepared on twenty four inch by thirty six inch (24" x 36") tracing cloth, or equal material of good quality such as high quality tracing paper or plastic drafting film. Five (5) copies of such are to be filed with the City Clerk, and shall contain at least the following information:

      1.   Title page.

      2.   Preliminary and final plat of the subdivision.

      3.   General layout of drawing of the proposed streets and sidewalks.

      4.   General layout of drawing of the proposed water system, if provided. (May be combined with subsection B5 of this Section.)

      5.   General layout of drawing of the proposed sanitary sewer systems, or sewage disposal system.

      6.   General layout drawing of proposed storm drainage system, including proposed grades of surface drainageways, and detention/retention areas with appropriate indication of high and normal water elevations.

      7.   General layout drawings of the proposed fire hydrant location if a water distribution system is provided.

      8.   General layout drawings of the proposed street lighting facilities.

      9.   Plans and profiles of streets, sidewalks and all sewers at a scale of one inch equals fifty feet (1" = 50') (horizontal) and one inch equals five feet (1" = 5') (vertical).

      10.   Details of street structures, typical cross section, etc.

      11.   The signature and seal of the Illinois registered professional engineer preparing said improvement construction plans.

      12.   Site development plan for permit approval of Erosion and Sedimentation Control Ordinance requirements.

      13.   Specifications, engineer's quantities and detailed cost estimates for setting bonding requirements.

   C.   Review: Plans will be reviewed by the City Engineer, or his/her designee, for conformity to the preliminary plan and the provisions of this Title and other applicable ordinances. The improvement plans and specifications shall be reviewed by the City Engineer while the Plan Commission is in the process of reviewing the final plat. During the review process, the City Engineer may require such changes or revisions as may be required so that the engineering design will conform to the subdivision and other ordinances of the City. The City Engineer shall submit a report to the Plan Commission as to the adequacy of the water system, storm water management plan, sanitary sewer system, street system, sidewalks, street lighting, and other required public improvements. The City Engineer's report shall be submitted prior to the approval of the final plat. (Ord. 1998-23, 8-24-1998)

   A.   Filing Of Final Plat:

      1.   Within one year after approval of the preliminary plat by the City Council, the owner or his authorized representative shall file an application for approval of the final plat with the City Clerk. In case application for approval of a final plat is made for a part or parts of an approved preliminary plat, the City Council may extend the time for application of approval of final plats for other parts of the approved preliminary plat until a later date or dates beyond the foregoing one year period.

      2.   The City Clerk will refer the application for approval of the final plat to the Plan Commission, along with one contact print and supporting evidence and documents, and a copy of same to:

         a.   City Council and Mayor.

         b.   City Engineer.

         c.   City Attorney.

         d.   Zoning Board of Appeals.

         e.   City Planning Consultant.

   B.   Description: The application for final plat approval shall include the original drawing, not to exceed twenty four inches by thirty six inches (24" x 36") in size, drawn with ink on linen tracing cloth or its equivalent, one transparency print and five (5) contact prints of a final plat, five (5) copies of all supporting maps, plans and other drawings, and all other required documents. The final plat shall retain the design characteristics of the approved preliminary plat; except, that the Plan Commission may recommend and the City Council may require such changes or revisions as are deemed necessary in the interest and needs of the community, in keeping with the provisions of this Title.

   C.   Contents:

      1.   The final plat and accompanying documents shall contain the following:

         a.   Name of subdivision.

         b.   Location of township, section, town and range, or by other legal description.

         c.   Names of owners and certification by a licensed surveyor.

         d.   Scale one inch to one hundred feet (1":100') or unless another scale is approved by the Plan Commission (shown graphically).

         e.   Date.

         f.   North point.

         g.   Boundary of plat based on an accurate traverse with angular and lineal dimensions.

         h.   Exact location, width and name of all streets within and adjoining the plat, and the exact location and widths of all crosswalks. Proposed street names shall be checked with the proper governing authority or anyone so appointed.

         i.   True angles and distances to the nearest established street lines or official monuments which shall be accurately described in the plat.

         j.   Municipal, Township, County or section lines accurately tied to the lines of the subdivision by distances and angles.

         k.   Radii, internal angles, points and curvatures, tangent bearings and length of all arcs.

         l.   All easements for rights of way provided for public services and utilities.

         m.   All lot numbers and lines, with accurate dimension in feet and hundredths.

         n.   Permanent monuments, to be placed at all block corners at points of tangency or curve lines and where street lines intersect this boundary of the subdivision. Monuments shall consist of iron pipes not larger than one inch (1") or smaller than three-fourths of an inch (3/4") in diameter and not less than twenty four inches (24") in length and shall be driven vertically into the ground so that the top thereof does not project more than six inches (6") above the surface. All lot corners shall be marked by one-half inch (1/2") iron pins, not less than twenty four inches (24") in length, driven into the ground in the same manner as the aforesaid monuments.

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

         p.   Building setback lines accurately shown by dimensions.

         q.   Protective covenants which meet with the approval of the Plan Commission which shall be lettered on the final plat or provided within a separate document as approved by the City.

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

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

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

         u.   Proper form for the approval of the City Council with space for signature.

         v.   Approval by signature of City, County, Township and State officials concerned with the specifications of utility installations.

         w.   Approval by signature of the Plan Commission. 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. Acceptance of the aforementioned public dedicated ways or space shall be dependent upon approval by the proper governing authority.

         x.   All other certifications as required by this Title.

         y.   The final plat of all subdivisions platted after the effect hereof shall contain, in a conspicuous location, the following:

      2.   The final plat shall show thereon the following:

         a.   Certification by an Illinois registered land surveyor, to the effect that the plat represents a survey made by him and that monuments and markers shown thereon exist as located; and that all dimensional and geodetic details are correct; and that he has complied with all rules contained herein governing plats; and that the subdivision is or is not within five hundred feet (500') of a watercourse draining six hundred forty (640) acres or more; and he shall also note all exceptions if any. He shall also include with this certification, a listing by number of all lots shown on the plat that are totally or in part subject to periodic flooding or inundation based on the highest floodwater elevation of record in the area.

         b.   Certification by owner and, if required, by any mortgage holder of record, of the adoption of the plat and dedication of streets and other public areas.

         c.   Certification of owner's signature before a notary public.

         d.   Certification in plats containing public improvements that approval of the City Engineer has been given as being in conformity with the rules and regulations governing public improvements as required by this Title and as adopted by the City Council.

         e.   Certification by the Kendall County Clerk that all taxes and special assessments have been paid to date.

         f.   Easement provisions of the Northern Illinois Gas Company, Illinois Bell Telephone Company, Commonwealth Edison Company and all other easements applicable.

         g.   Certificate that approval of the City has been obtained where required by law.

         h.   Certification that approval of the City Plan Commission has been obtained where required by law.

         i.   Kendall County Health Authority.

         j.   Kendall County Tax Mapping and Platting Officer.

         k.   Certification of receipt of school contribution (if required).

         l.   Certification of receipt of the required fee by the Zoning Department.

         m.   Certificate as to special assessment (when applicable).

   D.   Plan Commission Action And Recommendations:

      1.   Action must be taken by the Plan Commission within thirty (30) days after the complete final plat and all required attachments and submittals have been submitted for approval.

      2.   When the final plat has been acted upon by the Plan Commission, it shall be referred to the City Council, with a copy of its recommendation to the Zoning Board of Appeals.

      3.   If the Plan Commission approves the final plat it shall so indicate on the plat:

If the final plat is not approved, the Plan Commission shall furnish the City Council, the Zoning Board of Appeals and the applicant a written statement setting forth the reasons for disapproval and specifying the aspects in which the proposed final plat fails to conform to this Title and Official Map and with the intent of the Comprehensive Plan.

   E.   City Council Action Procedure Upon Approval:

      1.   The City Council shall accept or reject final plat within thirty (30) days (one month) of its regularly scheduled meeting following the final action of the Plan Commission and the Zoning Board of Appeals, if necessary.

      2.   Upon approval by the City Council, the City Clerk shall secure one transparency print and ten (10) contact prints of the approved final plat, and five (5) copies of the approved supporting documents. The cost of the prints and copies of documents shall be paid by the owner.

         a.   One contact print of the final plat, when applicable, one copy of the accompanying protective covenants and one copy of the supporting documents shall be delivered to the Plan Commission.

         b.   One contact print and all specifications, drawings and estimates shall be delivered to both the City Engineer, and the City Planning Consultant.

         c.   One transparency print and one contact print and all other supporting documents shall be retained by the City Clerk.

   F.   Record And Filing Of Approved Final Plat:

      1.   Upon approval by the City Council, the owner shall record the plat with the Recorder of Kendall County within three (3) months. If not recorded within this time, the approval shall be null and void.

      2.   The final plat, in exact form as approved by the City Council and recorded with the County Clerk, shall be filed for record by the City Clerk. (Ord. 1998-23, 8-24-1998)

Sample forms of the certificates enumerated in subsection 6-2-5C2 of this Chapter are as follows:

   A.   Surveyor:

   ) SS

   B.   Owner:

   STATE OF ILLINOIS   )

         ) SS

   COUNTY OF KENDALL   )

   C.   Notary Public:

   STATE OF ILLINOIS   )

         ) SS

   COUNTY OF KENDALL   )

         My Commission Expires     

   D.   City Engineer:

   STATE OF ILLINOIS   )

         ) SS

   COUNTY OF KENDALL   )

   E.   County Clerk:

   STATE OF ILLINOIS   )

         ) SS

   COUNTY OF KENDALL   )

   F.   Easement Provisions:

      1.   An easement is hereby reserved for and granted to the Northern Illinois Gas Company, its successors and assigns, in all streets, alleys and other public ways and places shown on this plat, said easement to be for the installation, maintenance, relocation and removal of gas facilities.

      2.   An easement is hereby reserved for and granted to the Illinois Bell Telephone Company and Commonwealth Edison Company and their successor and assigns within the area as shown by dotted lines on the plat and marked "Easement", to install, lay, construct, renew, operate and maintain conduits, cables, poles and wires, overhead and underground, with all necessary braces, guys, anchors and other property with telephone and electric services; also is hereby granted the right to use the streets for said purposes, the right to overhang all lots with aerial service wires to serve adjacent lots, the right to enter upon the lots at all times to install, lay, construct, renew, operate and maintain within said easement area said conduits, cables, poles, wires, braces, guys, anchors and other equipment and finally the right is hereby granted to cut down and remove or trim and keep trimmed any trees, shrubs or saplings that interfere with any of the said public utility equipment. No permanent structures or trees shall be placed on said easement, but some may be used for gardens, shrubs, landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights granted herein.

   G.   City Council:

   STATE OF ILLINOIS   )

         ) SS

   COUNTY OF KENDALL   )

   H.   City Plan Commission:

   STATE OF ILLINOIS   )

         ) SS

   COUNTY OF KENDALL   )

   I.   Kendall County Health Department:

      1.   Certificate for Private Water Supply and Individual Septic Fields:

   STATE OF ILLINOIS   )

         ) SS

   COUNTY OF KENDALL   )

      2.   Certificate For Residential Subdivision Served By Individual Mechanical Systems And Private Water Supply:

         ) SS

   COUNTY OF KENDALL   )

 A. On each lot the following individual mechanical sewage treatment system must be installed:

 1. An individual mechanical sewage treatment system designed and installed in accordance with the minimum requirements of the Kendall County Sewage Treatment and Disposal Ordinance.

 2. The effluent from the sand filter must be discharged into a soil absorption trench system consisting of                 square feet designed and installed in accordance with the minimum requirements of the Kendall County Sewage Treatment and Disposal Ordinance.

 3. The overflow from the soil absorption trench system must be discharged into a permanently constructed chlorine contact chamber having the capacity to provide a holding time of at least 30 minutes and provided with a chlorinator of sufficient size and capacity to maintain a chlorine residual of between 0.2 and 0.75 parts per million in the final sewage effluent prior to being discharged.

 4. The effluent from the chlorine contact chamber must be discharged directly to an approved watercourse.

 5. The owner of each lot is required to obtain and maintain a service contract to be in effect at all times with copies being supplied to the Kendall County Health Department.

 B. The minimum lot size within this subdivision shall be at least          square feet having a minimum lot width of                 feet.

 C. The private water supply well to serve each dwelling shall be installed under permit from the State of Illinois and in accordance with the rules and regulations promulgated under the Illinois Water Well Construction Code and the Illinois Water Well Pump Installation Code.

      3.   Certificate For Residential Subdivision Served By Sewage Treatment Plant And Public Water Supply With Construction Only Permits For Sewer Main Extensions:

      4.   Certificate For Residential Subdivision Served By Sewage Treatment Plant And Public Water Supply:

   J.   Kendall County Tax Mapping And Platting Office:

   K.   Receipt Of School Contribution (If Required):

   Superintendent of the Kendall County School Office

   L.   Receipt Of Plat Fees:

   or

   M.   Certificate As To Special Assessments (When Applicable):

(Ord. 1998-23, 8-24-1998)

   A.   Minimum Standards: All subdivisions under this title shall be required to have the improvements contained in this chapter and the design standards herein contained are to be considered the minimum standards.

   B.   General Design Requirements: In designing a subdivision, the developer shall conform to:

      1.   All applicable ordinances of the city.

      2.   The comprehensive plan, as amended, by the city.

      3.   The official map, as amended, of the city.

      4.   Applicable laws, rules and regulations of the state and duly constituted agencies thereof.

      5.   Natural features such as tree cover, topography, etc.

      6.   Drainage, floodplain and soil conditions. (Ord. 1998-23, 8-24-1998)

   A.   All streets shall be designed in relationship to:

      1.   Topographic and drainage conditions.

      2.   Public convenience and safety.

      3.   Proposed uses of land to be served by such streets.

      4.   Alignment and continuation of existing section line streets in surrounding areas.

   B.   A public street shall be provided for convenient access to all property within the subdivision.

   C.   Streets shall be laid out in conformity to plans adopted by the City. Any right of way specified on said plan shall be dedicated to the public on or as part of the final plat. Where streets are not a part of the Official Map or adopted street or highway plans, the arrangement of the streets in a subdivision shall provide for the alignment and continuation of existing section line streets or appropriate projection of existing principal streets in surrounding areas, or conform to an approved plan for the neighborhood which meets a particular situation where topography or other conditions make continuation of, or conformance to, existing streets impracticable.

   D.   Where a subdivision borders on or contains a railroad right of way, or limited access road right of way, a street shall be located approximately parallel to and at least one lot depth distance from each side of such right of way, unless there is already in existence a suitable frontage road. (Ord. 1998-23, 8-24-1998)

Alleys shall not be approved unless necessary because of topography or other exceptional circumstances. (Ord. 1998-23, 8-24-1998)

   A.   Primary Streets: Primary streets or major streets shall be those having inter-City or regional importance, including all State marked routes, and shall be properly integrated with the existing and proposed system of major streets and highways.

   B.   Secondary Streets: Secondary streets shall be inter- neighborhood streets and shall be properly related to special traffic-generating facilities such as schools, churches, shopping and employment centers; to population densities; and to the major streets into which they feed.

   C.   Collector, Local And Land Access Streets: Collector, local and land access streets shall be laid out to conform as much as possible to topography; to discourage use by through traffic; with the amount of street to provide convenient and safe access to adjacent property. (Ord. 1998-23, 8-24-1998)

(Ord. 1998-23, 8-24-1998)

   A.   Street right-of-way widths shall be as outlined in Section 6-3-2-4 of this Chapter.

   B.   The width of alleys shall not be less than twenty four feet (24'). (Ord. 1998-23, 8-24-1998)

The grade of any street shall not exceed six percent (6%), unless necessitated by exceptional topography and approved by the Plan Commission and City Engineer. The minimum grade of all streets shall be four-tenths of one percent (0.4%). (Ord. 1998-23, 8-24-1998)

   A.   Horizontal Curves: Subdivision streets and improvements to existing roads shall be designed so that all deflections in horizontal alignment will be accomplished through segments of circular curves properly incorporated into the design. The minimum permitted center line radii shall be as outlined within the Street Specification Table, Section 6-3-2-4 of this Chapter.

   B.   Vertical Curves: All breaks in grade shall be accomplished through suitable vertical curves properly incorporated into the design of the street profiles. In each particular case, the length of the vertical curve shall be such as to provide a sight distance considered adequate by the City Engineer and/or as outlined herein.

   C.   Tangents: A tangent of at least one hundred feet (100') long shall be introduced between two (2) curves, either one of which has a radius of two hundred feet (200') or less, unless otherwise outlined herein. (Ord. 1998-23, 8-24-1998)

Street jogs with center line offsets of less than one hundred twenty five feet (125') shall be prohibited. (Ord. 1998-23, 8-24-1998)

   A.   Reserve Strips: Right of way "reserve or spite" strips controlling access to streets shall not be permitted.

   B.   Mail Delivery Strips (Mailbox Turnouts): A mail delivery strip in rural route delivery areas shall be provided in conformance with the requirements contained in paragraphs 4-207, 5-411, and 6-412 of the Illinois highway code 1 , adopted June 8, 1959, and revised from time to time by subsequent general assemblies. (Ord. 1998-23, 8-24-1998)

   A.   Streets And Alleys: Dead end streets, as such, and dead end alleys shall not be permitted.

   B.   Cul-De-Sac:

      1.   Cul-de-sacs designed to be permanent shall not be longer than nine hundred feet (900') measured along the centerline from the street right of way and not less than one hundred forty feet (140') in diameter at the closed end. "Ts" may be required at temporary street ends at property boundaries with an additional forty feet (40') of width and depth of right of way provided on each side of the street. The length of cul-de-sac may be increased in low density subdivisions depending upon the number of lots abutting the cul-de-sac street.

      2.   Cul-de-sacs shall meet all the requirements for a local minor street, and in addition, shall provide a turnaround right of way one hundred feet (100') in diameter which shall be paved. The interior of the cul-de-sac shall be landscaped. In subdivisions where a temporary "T" is permitted, the "cross" shall be at right angles to the street, fourteen feet (14') out on both sides of the street from the edge of the pavement. (Ord. 1998-23, 8-24-1998)

Half streets are not recommended and 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 (special city ordinance for the specific subdivision). A right of way width of not less than fifty feet (50') and a pavement width of not less than eighteen feet (18') shall be required for the half street. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted and constructed within such tract. In cases where half streets are accepted, the owner and subdivider shall be required to grade and improve the half street the same as all other subdivision streets. (Ord. 1998-23, 8-24-1998)

   A.   Highway entrances shall be constructed with curb and gutter returns, and acceleration and deceleration lanes as specified by the city when proposed in conjunction with a subdivision.

   B.   All existing public and/or dedicated roads abutting a subdivision are to be improved to a standard established by the city for the particular roadway in question (such property is intended to provide the necessary latitude to the city to require adequate improvements, and to reduce engineering problems and inequitable requirements for a subdivider). (Ord. 1998-23, 8-24-1998)

Streets that are extensions of or in alignment with existing streets shall bear the name of the existing streets; however, no other streets shall bear names which duplicate or nearly duplicate so as to be confused with the names of existing streets within the city. (Ord. 1998-23, 8-24-1998)

The subdivider shall provide street signs and traffic control signs and devices in accordance with the following manner and specifications:

   A.   A four-way street name sign shall be erected whenever possible on the northeast corner of each street intersection in the subdivision. (Ord. 1998-23, 8-24-1998)

   B.   Sign material and mounting shall be of rust resisting material. All signs shall be thirty inches (30") in width and nine inches (9") in height, shall contain white reflective lettering over a green background, and shall be mounted eighty inches (80") above final grade. All street signs shall be subject to final approval by the city engineer and the director of the building, planning and zoning department of the city. (Ord. 2003-54, 12-8-2003)

   C.   All regulatory signs, including stop signs and yield signs, required to be installed in the subdivision and at intersections adjacent to the subdivision shall be in conformity with the statutes of the state and shall be installed at the expense of the developer and at the direction of and at the location designated by the corporate authorities of the city. At the request of the developer, the city will install such signs and the developer shall reimburse the city for the actual costs of the signs and the actual costs incurred by the city in the installation of the same. (Ord. 1998-23, 8-24-1998)

   A.   Pavement: All subdivisions shall have pavement designed to the soil conditions actually found on the site. Soil conditions shall be determined with reference to the soils report prepared by and obtained from the Kendall County soil and water conservation district (the "natural resource inventory"). If adverse conditions for pavement construction are indicated by the natural resource inventory, or if adverse soil conditions are determined at the time of the installation of roadway improvements, a pavement design, satisfactory to the city engineer, shall be provided by the subdivider's engineer.

   B.   Specifications: Street pavements shall be class I bituminous concrete surface course as specified by the current Illinois department of transportation highway design specifications. All streets and alleys within the subdivision shall be improved with a durable hard surface roadway. The pavement shall be equal to or superior to a pavement consisting of a base course of crushed limestone, gravel or pozzuolana mix of a total thickness of not less than twelve inches (12") when thoroughly compacted. The base course shall be constructed in two (2) 6-inch lifts, watered and rolled with a ten (10) ton, three (3) wheeled roller and vibratory compactor. Materials and method of construction shall be in compliance with the specifications approved by the division of highways of the state for the type of pavement designated as subclass B-5 in said specifications, and shall be sufficient, in the opinion of the city engineer, to withstand the traffic that the roadways will presumably be subjected to. Minimum thickness of the class I surface course shall be three inches (3") in residential areas and for commercial and industrial areas, the base shall be fifteen inches (15") minimum thickness and the surface shall be four inches (4") minimum thickness.

Pavements on collector and local streets shall comply with the minimum requirements of the state "Division Of Highways Manual Of Instructions For The Structural Design Of Bituminous Pavements". On major streets, secondary streets, county highways and developments intended for industrial use, projected traffic data, CBRs and special uses shall be submitted to the city for evaluation. The city may require additional width and thickness of pavements that engineering analysis deems appropriate.

   C.   Major And Secondary Streets: Major and secondary streets shall have pavement widths as established by the city and/or as outlined herein. Collector, local streets and streets in any industrial development shall have a minimum pavement width as outlined within this title.

   D.   Temporary "Ts": Temporary "Ts" may be permitted at the end of streets intended for extension either in a subsequent unit or an adjacent parcel. The pavement shall be of a minimum width of sixty feet (60') and a minimum depth of twenty feet (20') and shall be constructed totally within the existing road right of way. These temporary "Ts" shall be removed at such time as the road is continued by whatever authority or developer proposes the continuation.

   E.   Grading:

      1.   All stumps, trees that cannot be saved, boulders and similar items shall be removed.

      2.   Before any paving work is commenced, all street grading shall be properly completed as shown on the grading plan and approved by the city engineer.

      3.   After grading of streets is completed and approved, and before any base course of the roadway pavement is laid, all of the underground work such as water, sewer, gas mains and house service connections therewith, and also all underground conduits for electric and telephone lines (per utility company requirements), shall be completely installed in place and approved.

      4.   When considered necessary by the City Engineer, settlement of all trench backfill shall be accelerated by means of water introduced through holes jetted into backfilled trenches to a point approximately two feet (2') above the top of the sewer pipe. The holes shall be jetted not greater than six feet (6') apart unless other processes are used which shall conform to the standards set forth in the State Standard Specifications for Road and Bridge Construction, section 66.7. Any depressions which develop within the street right of way due to settlement of backfilling material shall be refilled and repaved at the subdivider's expense or, where the subdivider is not involved, by the company responsible for the trenching, in a manner acceptable to the City Engineer.

      5.   The surface course of the roadway pavement shall not be laid until backfilling of all trenches dug across the roadway has completely settled or compacted to the satisfaction of the City Engineer. Said trenches shall be backfilled with suitable material, mechanically tamped in eighteen inch (18") lifts, and brought to the required grade. The surface course shall not be laid until the later of at least six (6) months after the base course is complete or seventy percent (70%) of the lots in the subdivision are built out.

      6.   Corings, at least three (3) per block, only upon request of City Engineer for cause, shall be taken under the City supervision after the paving has been completed and after the subdivider has requested acceptance of the street. (Ord. 1998-23, 8-24-1998)

Alleys shall be constructed in accordance with the collector and local street specification, however, the paved surface may be only twenty feet (20') of the twenty four feet (24') right of way. (Ord. 1998-23, 8-24-1998)

   A.   Residential street lighting facilities shall be provided in subdivisions at all street intersections and at closer intervals if the gross subdivision density is three (3) dwelling units per acre or more, and the subdivider shall arrange for and pay all installation costs required by the Commonwealth Edison Company for the erection of the required streetlights.

   B.   A street lighting system shall be installed in business and manufacturing subdivisions and at street intersections and special problem locations in residential subdivisions. Such street lighting system shall be installed within two (2) years after the date of approval by the City Council of the final plat, or in the event seventy five percent (75%) of the lots are not built upon within this two (2) year period, the City Council may extend the time to six (6) months after seventy five percent (75%) of the lots have been developed. Location, type and method of installation of streetlights shall be in accordance with standards and specifications recommended by the Plan Commission and approved by the City Council. (Ord. 1998-23, 8-24-1998)

Concrete curb and gutter shall be provided along the outside edge of all street pavements in all subdivisions, residential and nonresidential, and shall be type M-6-12 or B-6-12 Illinois Standard Specifications or other type approved by the City. (Ord. 1998-23, 8-24-1998)

Steel plate beam guardrails shall be placed along the shoulder of any street where street construction has resulted in an embankment greater than six feet (6'). (Ord. 1998-23, 8-24-1998)

   A.   Sidewalks: Concrete sidewalks shall be required within all subdivisions within one and one-half (11/2) miles of an existing public or elementary school site, and within all subdivisions having an average lot width of less than one hundred twenty five feet (125').

      1.   Sidewalks shall be installed on both sides of the street, or may be on one side of a cul- de-sac street if recommended by the Plan Commission and approved by the City Council in residential subdivisions.

      2.   Sidewalks shall be separated from public streets by the full width of parkways and shall be constructed in accordance with the following:

         a.   All sidewalks shall be air entrained Portland cement concrete and a minimum of six (6) bag mix, four inches (4") thick and three inches (3") of grade AC16 pea gravel or compacted CA6 coarse aggregate Illinois standard specifications and be a minimum of four feet (4') in width. Admixtures shall be approved by the city engineer.

         b.   Residential districts as follows:

 

 

         c.   Commercial districts as follows:

 

 

      3.   Sidewalks shall be located either one foot (1') off the property line on both sides of the street, or within a rear lot greenway servicing the lots on either side.

   B.   Parkways: Parkways shall be required on both sides of all streets. They shall be graded and prepared for seeding by the subdivider with at least four inches (4") of topsoil. Median strips in streets shall be considered as parkways unless paved, and shall be uniform throughout the course of the street. All median strips shall be bordered by a roll type curb and gutter with storm drainage inlets where needed, as approved or unless otherwise directed by the city engineer. (Ord. 1998-23, 8-24-1998)

   A.   Bike and/or hiking trails shall be installed in all developments which include a local or regional trail as indicated by the Kendall County trails and greenways plan as adopted by the Plano city council on February 23, 2004.

   B.   Construction of trails shall be as per the requirements of the trails and greenways plan, with the following minimum requirements:

      1.   Designated "local" trails shall be no less than eight feet (8') wide with a one foot (1') shoulder on each side.

      2.   Designated "regional" trails shall be no less than ten feet (10') wide with a two foot (2') shoulder on each side.

      3.   Minimum cross section of all trails shall be no less than two inches (2") of bituminous surface course on no less than eight inches (8") of compacted granular fill over compacted subsoil base. Five (5) ounce geotextile fabric shall be used to bridge unstable soils where, in the opinion of the city engineer, such conditions exist. Shoulders shall be constructed of no less than two inches (2") of compacted limestone screenings over eight inches (8") of compacted granular fill.

      4.   Curve radii, and horizontal and vertical grades shall be per the recommendations of the trails and greenways plan and shall meet ADA and AASHTO requirements to the greatest extent possible.

      5.   Trail construction shall include all necessary bridges, culverts, and drainage structures required to traverse existing bodies of water, or divert or direct existing surface water flow. The existing natural low of surface or subsurface storm water shall not be impeded.

   C.   Directional, mile marker and route signage, pavement markings, and cautionary and regulatory signage shall be provided in accordance with the recommendations of section 4 of the trails and greenways plan and as required by applicable local, or state of Illinois traffic control regulations.

      1.   Trail signage shall be placed in accordance with the "Manual On Uniform Traffic Control Devices" (MUTCD).

   D.   Trail locations, methods of construction, signage and accessories shall be indicated on the improvement plans and specifications required by section 6-2-4 of this title for review and approval of the city engineer and his consultants.

   E.   All biking and hiking trails shall be constructed to the specifications set forth below:

      1.   Specifications For Biking And Hiking Trails: Bike paths shall be constructed in accordance with the requirements of federal and state statutes or regulations; "Standard Specifications For Road And Bridge Construction In Illinois", latest edition; subdivision regulations for the city of Plano; in addition, the following specifications shall apply:

         a.   Bituminous concrete:

            (1)   Surface course shall be SuperPave mix C, N30.

            (2)   Up to fifteen percent (15%) RAP will be allowed in surface.

            (3)   IDOT approved mix designs shall be submitted thirty (30) days prior to scheduled work.

         b.   Bituminous paving contractor shall be IDOT prequalified. Notify engineer forty eight (48) hours prior to work or test being performed.

         c.   Proofroll subgrade. (Acceptable proofroll vehicles are tandem vehicles - 14 ton load.): One-half inch (1/2") rut maximum. Repair subgrade until an acceptable proofroll is obtained.

         d.   Proofroll aggregate base course: No movement - rutting or rolling - allowed. Repair aggregate base course and other underlying layer, if necessary, until an acceptable proofroll is obtained. (Ord. 2005-22, 4-25-2005)

A paved access from the property line to the street pavement may be required by the plan commission. The access driveway shall be in direct line with and of the same width as the driveway for the dwelling to be served; except, that no access driveway shall exceed twenty feet (20') in width. In the case of property zoned for other than single-family dwelling units, the requirements for access driveways shall conform as closely as possible therewith. Pavement shall conform to class I or better specifications of materials and standards of construction as prescribed for streets. (Ord. 1998-23, 8-24-1998)

   A.   The length, width and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block length in residential areas shall not exceed one thousand one hundred feet (1,100') nor have less than sufficient width to provide two (2) tiers of lots of appropriate depth between street lines; except, that one tier of lots may back onto a limited access highway, railroad right of way or major street, provided suitable screen planting contained in a no access reservation along the rear property line is provided.

   B.   Pedestrianway right of way, not less than ten feet (10') wide, may be required by the plan commission through the center of blocks more than nine hundred feet (900') long where deemed essential to provide planned circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities. Dead end crosswalks shall be prohibited and crosswalks shall not terminate at a watercourse, railroad, utility "highline" or major street. (Ord. 1998-23, 8-24-1998)

   A.   General Lot Design:

      1.   All lots shall meet the minimum depth, width and area requirements of the applicable zoning and sewage treatment and disposal ordinances.

      2.   The size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

      3.   Side lot lines shall be substantially at right angles or radial to street lines.

   B.   Depth And Width:

      1.   Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off street service and parking facilities.

      2.   Excessive depth in relation to width shall be avoided. A proportion of two to one (2:1) shall normally be considered as desirable for all lots.

      3.   Lot widths shall be measured at the building setback line and may be reduced ten percent (10%) at the end of a cul-de- sac, providing lot area meets with the requirements of the zoning title and county sewage treatment and disposal ordinance. The lot widths for any plat shall conform with the zoning title classification.

      4.   The minimum depth of lots shall not be less than ninety feet (90') from any point on the front lot line to any point on the rear lot line. (Refer to Zoning Title requirements in Title 5 of this Code).

   C.   Area: In determining the minimum lot area to meet the requirements of the Zoning Title and the County Sewage Treatment and Disposal Ordinance, both of the following conditions must be met:

      1.   The buildable area of the lot, counting any required or contemplated improvements, shall be at or above flood protection elevations, such that an adequate building site can be provided which is not subject to flooding, and

      2.   Eighty percent (80%) of the minimum lot area shall be at least three feet (3') above the highest seasonal groundwater level as estimated or as determined by actual soil borings.

   D.   Lot Frontage:

      1.   Every lot shall front or abut on a public street. The fronting of single-family residential lots onto State and County highways is prohibited. Also prohibited is the fronting of single-family residential lots onto any proposed major thoroughfare as designated by the Comprehensive Plan. Subdivision entrances for residential and/or major entrances for commercial, industrial and institutional uses shall be located in a minimum distance of not less than one thousand three hundred feet (1,300') center line to center line apart on County and State highways and arterial roads, as designated by the Plan Commission, unless topography or already existing street locations can be shown to dictate otherwise.

      2.   Double frontage and reversed frontage lots shall be avoided, except where necessary to overcome specific disadvantages of topography and orientation and where a limited access highway, railroad right of way, major street or similar situation exists, in which case, double frontage lots are to be preferred provided suitable screen-planting contained in a no-access reservation along the property line and the right of way is provided.

   E.   Corner Lots: Corner lots for residential use shall have side yard building setback lines as specified in the Zoning Title.

   F.   Out Lots: Subdivisions must include all of the parcel being divided and may have no exceptions or exclusions, and shall not contain "leftover" pieces, corners or remnants of land. Any "out lots" which may be of irregular shape or size and are intended for conveyance to a home owners' association or the like shall be included in the subdivision and shall be numbered consecutively. (Ord. 1998-23, 8-24-1998)

   A.   Utility easements shall be provided at the front or rear of all residential lots and along the side lot line where required. Such utility easements shall be at least ten feet (10') wide and normally centered upon the rear or side lot line. Evidence shall be furnished to the City Engineer that easements and any easement provisions have been incorporated on the plat and if the deeds have been reviewed by the individual utility companies or the organization responsible for furnishing the service involved. In all subdivisions, a permanent ten foot (10') utility easement shall be provided in the front yard.

   B.   All utility distribution lines for telephone, electric, cable TV, and gas service, and other public or quasi-public utilities in the subdivision shall be placed underground. Installation of such facilities shall be made in compliance with the applicable orders, rules and regulations of the Illinois Commerce Commission now or hereafter effective, and the subdivider shall be responsible for compliance with said rules and regulations and shall file with the Commission, pursuant to the Illinois Public Utilities Act 1 , of any public utility whose service will be required for the subdivision with respect to the provision of such facilities.

Underground telephone, electric and gas service 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.

   C.   Where a subdivision is traversed by a watercourse, drainageway, channel, stream or other body of water, appropriate dedications or easement provisions, with adequate width or construction to accommodate observed and computed or anticipated storm water drainage through and from the subdivision shall be made. The width of the easement or dedication shall be dependent on the area of land drained by the watercourse and shall allow access for construction and maintenance equipment.

   D.   As required within the zoning title 2 , a screen planting easement may be required between residential and commercial or industrial lots, or along lot lines to discourage the undesirable development of residential lots fronting on traffic arteries. If such easement is to be used for public utilities, only such plant materials shall be used to have an ultimate growth not exceeding fifteen feet (15').

   E.   A turnaround is required whenever any street planned to be continuous has been temporarily dead ended awaiting subdivision of adjacent land, which will terminate upon extension of said street. The dimension of such a turnaround shall meet the requirements of this section. Temporary "Ts" may be considered by the city as complying with this requirement. (Ord. 1998-23, 8-24-1998)

   A.   Preservation Of Natural Features: Natural features such as trees, streams, hilltops, rock outcropping and views should be preserved.

   B.   Unpaved Areas: All unpaved street rights of way shall be seeded or sodded. Provisions shall be made to assure the growth of all landscaping. (Ord. 1998-23, 8-24-1998)

   A.   General Requirements For Park Land Contributions: Unless otherwise waived, lands to be dedicated for any applicable park shall conform to the following criteria:

      1.   Location: The park master plan, as adopted by the city council shall be used as a guide in determining the general location of park sites. Neighborhood park sites should be accessible to the public and serve a population within a one-half (1/2) to one mile radius from the site, depending on the classification of the park. Park sites should be located in conjunction with, and adjacent to school sites whenever possible and desirable. Regional and citywide parks are intended to serve a broader area and should offer a greater variety of facilities and activities.

      2.   Topography And Soils: Park sites must possess suitable topography and soil types for the type of use to which they are dedicated. The developer shall supply the city with a minimum of one soil boring per acre to a minimum depth of ten feet (10'). The developer shall also provide the city with a phase 1 environmental study and any hazardous materials found on the site shall be removed by the developer prior to conveyance and the city shall be provided with a "no further remediation letter" from the appropriate governmental agency.

      3.   Storm Water And Surface Water Detention Or Retention Areas: Storm water and surface water detention or retention areas will not be accepted and will not count towards the total land dedication.

      4.   Wetlands And Other Natural Areas: Wetlands and other natural areas will be considered acceptable only when they are considered significant in size, quality, uniqueness, contain endangered plant or animal species or are adjacent to existing natural areas currently owned by the city. Wetlands or natural areas will only be accepted at the discretion of the city council, and will count towards the total land dedication in such proportion as the city council sees fit.

      5.   Street Frontage: A minimum of sixty six feet (66') of street frontage is required for any park site to allow for a standard local street width access road into the park site. Where access to park sites is by means of an open accessway between homes, the accessway is to be not less than equal to the average lot width of the lots in the subdivision.

      6.   Parking: For all park sites exceeding one acre in size the developer shall provide an access road and parking spaces at the rate of three (3) spaces per acre. Access roads and parking areas shall be constructed in accordance with the local street specification.

      7.   Drainage: Except for storm water and surface water drainage facilities constructed for the park site, detention and retention basins for storm water drainage from the surrounding development will not be located on park sites.

   B.   Improvements Required For Park Dedication: Park sites to be dedicated by the developer shall include the following improvements and shall be set forth and delineated on a site plan or other approved drawing to be presented to and approved by the plan commission, the city engineer, the director of building, planning and zoning and approved by the city council:

      1.   Utilities: Each park shall be provided with the following utilities to the property line:

         a.   Sanitary sewer adjacent to the site shall be a minimum of eight inches (8") in diameter. If the sanitary sewer is across the right of way from the park site, the developer shall provide a capped six inch (6") minimum diameter service line to the property line, accessible by a manhole where necessary, and as approved by the city engineer.

         b.   Water line adjacent to the site shall be a minimum of eight inches (8") in diameter. If the water line is across the right of way from the park site, the developer shall provide a capped one inch (1") minimum diameter water line to the property line, as approved by the city engineer, unless otherwise requested for a special facility.

         c.   Storm sewers shall be provided at appropriate locations to properly drain the park site.

         d.   Other utilities, such as electric, gas and telephone shall be provided adjacent to, or at the property line at the developer's expense.

      2.   Grading: Each dedicated park site shall be graded to drain at a minimum of two percent (2%) for open areas. Slopes on berms, where berms are required, shall not exceed a four to one (4:1) ratio. Grading shall include, but not be limited to, berms for separation, screening or aesthetics and placement of six inches (6") of topsoil and fine grading. Grading and berming shall be in accordance with the approved plans.

      3.   Seeding: The entire park site shall be seeded with a seed blend approved by the city engineer. Seeding shall include placement, watering as necessary, and mowing until such time as a full stand of turf is established and accepted by the city engineer, but not less than one full growing season.

      4.   Landscaping: Developer shall purchase and install park landscape materials as approved by the city. Landscape materials shall include (per 2 acres) at a minimum:

         5 shade trees, 21/2 inch caliper, B&B

         3 evergreen trees, 7 feet in height, B&B

         6 deciduous ornamentals, 6 feet in height, B&B

         20 deciduous shrubs, 30 inch or 7 gallon pot

         15 evergreen shrubs, 18 inch spread or 5 gallon pot

   As an alternative to the landscaping requirements set forth herein, the developer may, upon concurrence of the city, make a cash contribution of three thousand dollars ($3,000.00) per acre in lieu of the required improvement.

      5.   Walks, Utilities, And Sewers: Developer shall install all public walks, curbs, pavement, bike trails, sewers, and utilities along all park site frontages as per city subdivision regulations.

      6.   Lighting Allowance: Developer shall make a cash contribution of one thousand five hundred dollars ($1,500.00) per acre for the provision and installation of park site lighting fixtures.

      7.   Completion: Unless otherwise agreed, the above listed park improvements shall be completed at such time as the development reaches thirty percent (30%) completion or at such time that thirty percent (30%) of the building permits have been issued.

         a.   Storage Of Overburden: The storage of overburden on a park site or the use of a park site as a borrow pit is prohibited.

   C.   Description Of Park Lands:

 

 

(Ord. 2004-5, 2-23-2004)

Storm sewers or acceptable surface drainage system utilizing one of the following shall be provided:

   A.   Grass Waterways: Grassed waterways and/or swales having a cross section slope not steeper than two feet (2') of width for each one foot (1') of depth, and a minimum longitudinal profile or grade of not less than five-tenths foot (0.5') per one hundred feet (100') of longitudinal length.

   B.   Paved Waterways: Paved waterways having a cross section slope not steeper than two to one (2:1) and a minimum longitudinal profile of one-tenth percent (0.1%).

   C.   Storm Water Sewer System: There will be provided storm water sewers or a surface drainage system to serve adequately the area being platted, considering, but not limited to, the following:

      1.   The results and recommendations of the flood insurance study and flood boundary maps.

      2.   The use of existing drainage channels whenever possible.

      3.   The design of the drainage system shall consider and show:

         a.   Storm drainage area of which the subdivision is a part, expressed in acreage or square feet.

         b.   Calculations as to volume and frequency of water to be handled after a 10-year rainstorm.

         c.   A scheme of culverts sufficient in size to eliminate flooding or ponding of water.

         d.   Elimination of grades which may result in erosion or ponding of storm water, and to eliminate problems.

         e.   Existing watercourses.

         f.   A plan of the subdivision's grading to prevent ponding of storm water and to eliminate problems.

      4.   Storm sewers are required to meet the following minimum specifications:

         a.   The sewers shall not be less than twelve inches (12") inside diameter.

         b.   The sewers shall be designed in such a way as to ensure a minimum velocity flow of two feet (2') per second and a maximum velocity flow of ten feet (10') per second. These requirements could be varied if adequate data is provided for City review.

         c.   Manholes shall be provided at all changes in direction of pipe and pipe size, and shall be of the type specified in State of Illinois Standard Specifications. Inlets shall be located in accordance with engineer's design and not more than four hundred feet (400') apart, and shall be of the type specified in the State of Illinois Standard Specifications and Design Manual.

      5.   In any subdivisions, ditches meeting the following standards may be used:

         a.   With grades to four percent (4%), ditches may have grass bottoms and banks.

         b.   With grades from four (4) to eight percent (8%), ditches may have ditch checks.

         c.   With greater than eight percent (8%) grades, ditches must have riprap.

         d.   Culverts must be provided at all street or driveway intersections, sized to eliminate flooding or ponding of water, and with a minimum cover of thirteen inches (13"). The location of culverts is to be determined by the City Engineer and/or the State Highway Department or County Highway Commissioner. (Ord. 1998-23, 8-24-1998)

   A.   A complete water supply and distribution system including all appurtenances and stubs to each lot is to be provided in any subdivision within one thousand three hundred twenty feet (1,320') of an existing water main.

   B.   Private restrictions are filed with the final plat and incorporated in each deed so that as soon as a public water supply system is available, connections to the system will be made at property owner's expense within one year, and so that owners shall bear their fair, proportionate share of the cost of the public water main as determined by agreement, special assessment proceedings, or other means authorized by law to finance construction of a water system.

   C.   Public or community water supply and distribution systems, including water stub terminals to each lot, shall be installed to serve all lots under thirty thousand (30,000) square feet in area in a subdivision or lot subdivision. Where a community sanitary sewer system serves each lot, the thirty thousand (30,000) square feet minimum may be reduced to fifteen thousand (15,000) square feet. Individual wells may be permitted in subdivision or lot divisions annexed to the City after the effective date hereof only after the City Council shall find that connection with a public or community water system is not practicable, or there is an agreement between the subdivider and the City and a guarantee by the subdivider that all lots in the subdivision will be served with a public or community water system within a specified period of time.

   D.   All water distribution systems shall be constructed in accordance with standards approved by the State EPA and the following:

      1.   Anti-syphoning and/or RPZ valves shall be installed in commercial or industrial buildings for the purpose of conservation and relief of demands on existing residential water supplies;

      2.   Consideration shall be given to water reclamation and reuse in commercial and industrial tracts for the purpose of conservation and relief of demands on existing residential supply;

      3.   Evidence shall be presented by the subdivider that an adequate water supply is available, or will be, in advance of occupancy for development of individual lots and that the local utilities can satisfactorily serve the area by the utility easements shown; and

      4.   Water transmission mains shall be a minimum of six inches (6") in diameter and shall include installation of shut-off valves and fire hydrants. Fire hydrants shall be installed at maximum intervals of four hundred feet (400') in a direct line in the parkway. The hydrants shall have a minimum of a seven inch (7") barrel and two (2) 21/2-inch hose connections and an individual auxiliary valve. Hydrants within four hundred feet (400') of commercial, industrial, public, multiple-family and church buildings shall also be equipped with a steamer connection.

   E.   Where water mains of larger capacity are required, as directed by the City Council to serve the future growth in the vicinity of the subdivision, the subdivider shall be required to pay for the proportionate benefit of the installation to his subdivision as established by the City Council. (Ord. 1998-23, 8-24-1998)

   A.   Systems Required: A sanitary sewer system shall be provided for the following:

      1.   All lots within one thousand three hundred twenty feet (1,320') of an existing sanitary sewer system;

      2.   All lots of less than thirty thousand (30,000) square feet;

      3.   All lots which are unable to comply with the requirements of the County Sewerage Treatment and Disposal Ordinance with reference to individual septic tank filter fields; and

      4.   Those lots to which sanitary sewers are unable to be extended due to EPA restrictions or similar hardships. Such variation can be granted by the City upon proof of unique hardship only.

   There shall be provided a complete sanitary sewer system including a service connection for each lot in a subdivision within one thousand three hundred twenty feet (1,320') of an existing sanitary sewer system.

   In any subdivision not within one thousand three hundred twenty feet (1,320') of an existing sanitary sewer, individual sewage disposal systems may be installed in accordance with the Illinois EPA and County Sewage Treatment and Disposal Ordinance; provided, that private restrictions are filed with the final plat and incorporated in each deed requiring that as soon as public sewers are available, connections to the public sewers will be made within one year at the property owner's expense, and that owners shall bear their fair, proportionate share of the cost of the public sewer as determined by agreement, special assessment, or other means authorized to finance construction of a sewer system.

   Public or community sanitary sewerage systems, including sewer stub terminals at the outside of the curb line or edge of the pavement for each lot, shall be installed to serve all lots under thirty thousand (30,000) square feet in area in a subdivision or lot division. Where community water serves each lot, the thirty thousand (30,000) square feet minimum may be reduced to fifteen thousand (15,000) square feet. Individual sewerage disposal systems may be permitted in subdivisions or lot divisions annexed to the City after the effective date hereof only after the City Council shall find that connection with a public or community system is not practicable, or there is an agreement between the subdivider that all lots in the subdivision will be served with a public or community sewerage system within a specified period of time.

   B.   Construction Specifications: All sanitary sewer systems shall be constructed in accordance with standards approved by the City and the State EPA. All sewer design, plan and specifications shall be submitted to the Plan Commission, City Engineer and the State EPA for approval and file. Each lot platted for the subdivision shall be served by the sanitary sewer system. All sanitary sewer manholes shall be precast concrete. Wherever two (2) sewer lines connect and there is a difference of vertical elevation of more than two feet (2'), there shall be constructed a precast, drop-type manhole as specified by the City Engineer.

   Where sanitary sewer mains of larger capacity than necessary are required, as directed by the City Council, to serve the subdivision as delineated in the preliminary plat, the subdivider shall be required to pay for the proportionate benefit of the installation to his subdivision, as established by the City Council. (Ord. 1998-23, 8-24-1998)

House services for sewer and water shall be constructed to connect each lot or building site with the utility service mains for each utility required in the provisions of this Title as follows:

   A.   Such house services shall extend from the main to the property line.

   B.   House water service for each single-family residence shall be a minimum of one inch (1") type K copper or approved equal and shall be terminated at a shut-off valve and box of a type approved by the City Engineer and located four feet six inches (4'6") beyond the outside curb lines of the proposed roadway pavement. In no case shall the buffalo box be located in the sidewalk or driveway, or buried underground.

   C.   Upon completion of the construction of all such house sewer and water service connections of all such house mains, three (3) accurate maps showing the exact location of all such sewer and water mains, together with manholes, shut-off valves and similar facilities being part thereof, by distances in feet from street lines, and of all such house service connections in distances in feet from side lot lines approved by the City Engineer, shall be filed with the City Clerk and the Plan Commission.

   D.   The connection from the main to the sanitary house drain shall be six inches (6") vitrified tile. (Ord. 1998-23, 8-24-1998)

All permanent and other monuments required under this Title shall be placed prior to the approval of the final plat. (Ord. 1998-23, 8-24-1998)

(Ord. 1998-23, 8-24-1998)

   A.   Single-Family Neighborhoods: The following antimonotony standards shall apply to all single-family neighborhoods:

      1.   Builder(s)/developer(s) are required to offer a minimum of three (3) front elevation options on all models.

      2.   The same model may be built next to or directly across the street from itself if the elevations are substantially different.

      3.   A model on a corner lot shall not be considered substantially similar to the same model in the same block if the front elevations of the buildings face different streets.

      4.   The same siding color may not be built next to or directly across the street from itself.

      5.   The same model may be built around the bulb of a cul-de-sac if the elevations are substantially different.

      6.   A model shall not be considered substantially similar to the same model if a preponderance of the front elevations of the two (2) models are of different color and the front elevations of the two (2) models differ as to two (2) or more of the characteristics set forth below:

         a.   Shape of the front elevation silhouette;

         b.   Relative locations and sizes of windows in the front elevation. Single, ganged or bay windows;

         c.   Siding type (e.g., brick veneer, lapped horizontal siding, half timber, board and batten, shakes, etc.) on the front elevation;

         d.   Front porch size full across entire front elevation of house (garage not included). Half porch extended less than half the length of the porch elevation. None, no covered entry;

         e.   Relative locations and dimensions of garage door(s), if included on the front elevation.

      7.   A newly constructed single-family detached or duplex home may not be located next to or across the street from another such newly constructed or existing residential structure which has substantially similar front elevation, facing the public street. If a lot overlaps another lot across the street by twenty five percent (25%) or more, it will be considered as being across the street.

      8.   Prior to final plat approval, a matrix will be submitted for city approval that will identify which elevations may be constructed next to each other, pursuant to the foregoing standards.

      9.   All single-family homes sold in the development will offer at least one elevation per model that includes masonry elements in the front elevation.

   B.   Townhomes: Consistent design, color schemes and elevations are desirable for townhome neighborhoods and therefore, townhomes shall not be subject to antimonotony provisions. (Ord. 2004-52, 10-25-2004)

   A.   New developments or subdivisions are required to pay a warning siren construction and maintenance fee. Developments meeting or exceeding two hundred (200) gross acres shall provide and install or pay cash funds, at the city's option, the total cost of one warning siren. Developments less than two hundred (200) gross acres shall contribute to the city equivalent cash funds in proportion to the size (gross acreage) of their development, said funds to be used by the city for the construction and maintenance of warning sirens.

   B.   If a development opts to install the specified warning siren, it shall be installed on public property, at a location approved by the city. "Public property" is herein defined as property owned by the fire district, school district, or the city of Plano.

   C.   The city engineer shall make available, upon the developer's request, the exact specifications, and requirements of installation of the warning siren. Location and details of construction shall be included in the improvement plans and specifications required by section 6-2-4 of this title.

   D.   For developments paying cash funds, the cost of provision and installation and maintenance of one warning siren is hereby established as forty five thousand dollars ($45,000.00). Said fee shall be due and payable prior to the approval of the final plat. (Ord. 2005-6, 2-28-2005; amd. Ord. 2006-17, 2-27-2006)

   A.   Improvements along all subdivision streets with a sixty six foot (66') right of way or less shall be coordinated such that fire hydrants, mail boxes and all other improvements requiring regular access shall be located on the same side of the street.

   B.   This side of the street shall be designated as "No Parking" and shall be signed by the developer accordingly. (Ord. 2005-57, 11-28-2005)

As soon after preliminary plat approval as practicable and in any case, not more than ten (10) months, five (5) copies of the proposed improvement construction plans and specifications, engineer's estimates prepared and sealed by a professional engineer currently registered with the state of Illinois, and subdivision bond agreement, shall be filed with the city clerk, and shall provide all necessary information for the following, if applicable:

   Streets.

   Curbs and gutters.

   Storm drainage including storm sewers.

   Comprehensive drainage plan including grades of surface drainageways.

   Sanitary sewerage system.

   Water supply and distribution.

   Public utility locations.

   Streetlights.

   Sidewalks.

   Street signs and guardrails.

   Parkway trees.

   Site development plan for permit. (Ord. 1998-23, 8-24-1998)

   A.   Upon approval of both the preliminary plat and the plans and specifications for the required subdivision improvements by the plat committee and the city engineer, and upon approval of the appropriate agencies as evidenced by state and county permits where required, the subdivider may construct and install the required subdivision improvements. A final plat should be filed and approved prior to beginning construction. No final plat shall be filed for record with the recorder of deeds until all subdivision improvements shall have been installed and accepted by the city, or appropriate performance bonds and/or letters of credit have been issued in favor of the city to ensure the satisfactory installation, completion and guarantee of all subdivision improvements.

   B.   Prior to starting any work covered by the approved plans and specifications for the improvements, listed in section 6-4-1 of this chapter, written authority to start the work shall be obtained from the city engineer. Authorization to begin work will be given upon receipt of all necessary permits, including all culvert permits required when proposed new or changed subdivision roads intersect any presently existing road, and work must proceed in accordance with construction methods of this title.

   C.   All construction of improvements covered by this title shall be in accord with, and materials used shall be in compliance with, the methods and materials required in the appropriate section of the "Standard Specifications For Road And Bridge Construction", as amended from time to time, published by the division of highways, state of Illinois. When, in the opinion of the city, any phase of the construction requires quality control reports, the subdivider shall furnish said reports of the necessary tests as run and certified by an independent testing laboratory, i.e., compaction, thickness, proportioning, etc.

   D.   Construction of all improvements required by this Title must be completed within two (2) years from the date of the approval of the preliminary plat by the City unless good cause can be shown for granting an extension of time by the City. (Ord. 1998-23, 8-24-1998)

During the course of construction, at such times as shall be deemed necessary within customary good practices of engineering and construction, inspection of the work shall be made by the engineer employed by the subdivider to ensure compliance with the plans and specifications as approved.

Occupancy permits for all structures will not be issued until all of improvements required hereinabove are completed and operable, with the exception of the surface course of asphalt if a two (2) layer construction is used. This surface course must be completed prior to acceptance of the subdivision. Temporary occupancy permits may be issued if the surface of the pavement, sidewalk and trees are not complete or if the surface course of the pavement and/or sidewalk is not complete due to anticipated settlement of utility trenches. Such temporary occupancy permits shall be valid for a maximum of six (6) months. In the case of sidewalks, if concrete drive approaches are provided, the six (6) month period can be extended to two (2) years, or when the drive approach is installed, whichever is sooner. (Ord. 1998-23, 8-24-1998)

   A.   Bond Or Letter Of Credit In Lieu Of Construction: In lieu of construction in subsection 6-4-2A of this Chapter, the subdivider shall post with the City Engineer a subdivision bond or letter of credit, payable to the City, sufficient to cover the full cost plus ten percent (10%) of the said improvements as estimated by the engineer employed by the subdivider and approved by the City Engineer to assure the satisfactory installation of said improvements as outlined herein and contained in the approved plans and specifications.

The following form must be used for all irrevocable letters of credit:

   Plano City Council

   Dear City of Plano:

   B.   Payment Of Bond: The subdivision bond may be made in two (2) stages or one "split", with the approval of the City in writing, with the review and recommendation by the City Engineer.

   C.   Release Of Bond: Said bond shall be released by the City and the City Engineer, either upon receipt in writing from the City Engineer as to the acceptance and inclusion into the City system of the streets and drainage facilities, including acceptance by the appropriate utility agency operating the sanitary sewer and water distribution facilities, or by letter of certificate as to the complete compliance of the public works with this Title by the City Engineer, and upon the filing with the City two (2) sets of "as-built" drawings of the subdivision improvement, certified by the subdivider's engineer. (Ord. 1998-23, 8-24-1998)

After completion of all public improvements, and prior to final acceptance of said improvements, the subdivider shall make, or cause to be made, a map showing the actual location of all valves, manholes, stubs, sewer and water mains, and such other facilities as the City Engineer shall require. This map shall be a complete set of prints, and shall bear the signature and seal of an Illinois registered professional engineer. The presentation of this map shall be a condition of final acceptance of the improvements, and release of the subdivision bond assuring their completion. (Ord. 1998-23, 8-24-1998)

   A.   The owner of the property shall be responsible for the maintenance of all open space and public areas, and all subdivision improvements until final acceptance of open spaces and public areas to be dedicated to the City and final acceptance of subdivision improvements. After dedication and acceptance, maintenance is the responsibility of the City.

   B.   Approval of the final plat shall be dependent on presentation of proof of responsibility for the maintenance of all community improvements. (Ord. 1998-23, 8-24-1998)

This chapter is enacted pursuant to the police powers granted to this city by 65 Illinois Compiled Statutes 5/1-2-1, 5/11-12-12, 5/11-30-2, 5/11-30-8, and 5/11-31-2. The purpose of this chapter is to maintain this city's eligibility in the national flood insurance program; to minimize potential losses due to periodic flooding including loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and to preserve and enhance the quality of surface waters, conserve economic and natural values and provide for the wise utilization of water and related land resources. This chapter is adopted in order to accomplish the following specific purposes:

   A.   To meet the requirements of 615 Illinois Compiled Statutes 5/18(g) rivers, lakes and streams act;

   B.   To assure that new development does not increase the flood or drainage hazards to others, or create unstable conditions susceptible to erosion;

   C.   To protect new buildings and major improvements to buildings from flood damage;

   D.   To protect human life and health from the hazards of flooding;

   E.   To lessen the burden on the taxpayer for flood control projects, repairs to flood damaged public facilities and utilities, and flood rescue and relief operations;

   F.   To make federally subsidized flood insurance available for property in the city by fulfilling the requirements of the national flood insurance program;

   G.   To comply with the rules and regulations of the national flood insurance program codified as 44 CFR 59 - 79, as amended;

   H.   To protect, conserve, and promote the orderly development of land and water resources; and

   I.   To preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. (Ord. 2016-13, 4-25-2016)

For the purposes of this chapter, the following definitions are adopted:

ACCESSORY STRUCTURE: A nonhabitable structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

ACT: An act in relation to the regulation of the rivers, lakes and streams of the state of Illinois, 615 Illinois Compiled Statutes 5/5 et seq.

APPLICANT: Any person, firm, or governmental agency who executes the necessary forms to procure official approval from city of Plano of a development or permit to carry out construction of a development.

APPROPRIATE USE: Only uses of the designated floodway that are permissible and will be considered for permit issuance. The only uses that will be allowed are as specified in subsection 6-5-7B of this chapter.

BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood is also known as the 100-year frequency flood event. Application of the base flood elevation at any location is as defined in section 6-5-5 of this chapter.

BASE FLOOD ELEVATION (BFE): The elevation in relation to mean sea level of the crest of the base flood expressed in a numeric value relative to North American vertical datum of 1988 (NAVD 88).

BASEMENT: That portion of the building having its floor subgrade (below ground level) on all sides.

BUILDING: A walled and roofed structure, including gas or liquid storage tank, that is principally above ground, including manufactured homes, prefabricated buildings, and gas or liquid storage tanks. The term also includes recreational vehicles and travel trailers installed on a site for more than one hundred eighty (180) days per year.

CHANNEL: Any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or manmade drainageway, which has a definite bed and banks or shoreline, in or into which surface or ground water flows, either perennially or intermittently.

CHANNEL MODIFICATION: Alteration of a channel by changing the physical dimensions or materials of its bed or banks. Channel modification includes damming, riprapping (or other armoring), widening, deepening, straightening, relocating, lining and significant removal of native vegetation from the bottom or banks. Channel modification does not include the clearing of dead or dying vegetation, debris, or trash from the channel.

"Channelization" is a severe form of channel modification involving a significant change in the channel cross section and typically involving relocation of the existing channel (e.g., straightening).

COMPENSATORY STORAGE: An artificially excavated, hydraulically equivalent volume of storage within the SFHA used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain. The uncompensated loss of natural floodplain storage can increase off site floodwater elevations and flows.

CONDITIONAL APPROVAL OF A DESIGNATED FLOODWAY MAP CHANGE: Preconstruction approval by IDNR/OWR and FEMA of a proposed change to the floodway map. This preconstruction approval, pursuant to this chapter, gives assurances to the property owner that once an appropriate use is constructed according to permitted plans, the floodway map can be changed, as previously agreed, upon review and acceptance of as built plans.

CONDITIONAL LETTER OF MAP REVISION (CLOMR): A letter which indicates that FEMA will revise base flood elevations, flood insurance rate zones, flood boundaries or floodway as shown on an effective flood hazard boundary map or flood insurance rate map, once the as built plans are submitted and approved.

CONTROL STRUCTURE: A structure designed to control the rate of flow that passes through the structure, given a specific upstream and downstream water surface elevation.

CRITICAL FACILITY: Any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to these critical facilities can impact the delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk. Examples of critical facilities where flood protection should be required include: emergency services facilities (such as fire and police stations), schools, hospitals, retirement homes and senior care facilities, major roads and bridges, critical utility sites (telephone switching stations or electrical transformers), and hazardous material storage facilities (chemicals, petrochemicals, hazardous or toxic substances). Examples of critical facilities where flood protection is recommended include: sewage treatment plants, water treatment plants, and pumping stations.

DAM: All obstructions, wall embankments or barriers, together with their abutments and appurtenant works, if any, constructed for the purpose of storing or diverting water or creating a pool. Dams may also include weirs, restrictive culverts or impoundment structures. Underground water storage tanks are not included.

DESIGNATED FLOODWAY: The channel, including on stream lakes, and that portion of the floodplain adjacent to a stream or watercourse, generally depicted on the FEMA FIRM, which is needed to store and convey the existing 100-year frequency flood discharge with no more than a 0.1 foot increase in stage due to the loss of flood conveyance or storage, and no more than a ten percent (10%) increase in velocities.

   A.   The floodways are designated on the countywide flood insurance rate map of Kendall County, Illinois, prepared by FEMA and dated February 4, 2009. When two (2) floodway maps exist for a waterway, the more restrictive floodway limit shall prevail.

   B.   The floodways for those parts of unincorporated Kendall County that are within the extraterritorial jurisdiction of the city that may be annexed into the city are designated for Big Rock Creek, Fox River, Little Rock Creek and the east branch of Little Rock Creek on the countywide flood insurance rate map prepared by FEMA and dated February 4, 2009.

   C.   To locate the designated floodway boundary on any site, the designated floodway boundary should be scaled off the designated floodway map and located on a site plan, using reference marks common to both maps. Where interpretation is needed to determine the exact location of the designated floodway boundary, IDNR/OWR should be contacted for the interpretation.

DEVELOPMENT: Any manmade change to real estate, including:

   A.   Construction, reconstruction, repair, or placement of a building or any addition to a building.

   B.   Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer or recreational vehicle on a site for more than one hundred eighty (180) days. If the travel trailer or recreational vehicle is on site for more than one hundred eighty (180) days, it must be fully licensed and ready for highway use.

   C.   Drilling, mining, installing utilities, construction of roads, bridges, or similar projects.

   D.   Demolition of a structure or redevelopment of a site.

   E.   Clearing of land as an adjunct of construction.

   F.   Construction or erection of levees, walls, fences, dams, or culverts; channel modification; filling, dredging, grading, excavating, paving, or other nonagricultural alterations of the ground surface; storage of materials; deposit of solid or liquid waste.

   G.   Any other activity of man that might change the direction, height, or velocity of flood or surface water, including extensive vegetation removal.

   H.   Substantial improvement of an existing building.

Development does not include routine maintenance of existing buildings and facilities such as reroofing or resurfacing of roads when there is no increase in elevation, or gardening, plowing, and similar agricultural practices that do not involve filling, grading, or construction of levees.

ELEVATION CERTIFICATES: A form published by FEMA that is used to certify the elevation to which a building has been elevated.

EROSION: The general process whereby soils are moved by flowing water, wave action, or wind.

EXEMPT ORGANIZATIONS: Organizations which are exempt from this chapter per Illinois Compiled Statutes (ILCS) including state, federal or local units of government.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) has been completed before April 1, 1990.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FEMA: Federal emergency management agency and its regulations at 44 CFR 59 - 79, as amended.

FLOOD: A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves, or the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD FREQUENCY: A period of years, based on a statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded. For example, the 2-year flood frequency has a fifty percent (50%) chance of occurring in any given year, the 10-year flood frequency has a ten percent (10%) chance of occurring in any given year, and the 100-year flood frequency has a one percent (1%) chance of occurring in any given year.

FLOOD FRINGE: That portion of the floodplain outside of the designated floodway. See definition of Designated Floodway.

FLOOD INSURANCE RATE MAP (FIRM): A map prepared by FEMA that depicts the special flood hazard area (SFHA) within a community. This map includes insurance rate zones and floodplains and may or may not depict floodways.

FLOOD INSURANCE STUDY: An examination, evaluation and determination of flood hazards and if appropriate, corresponding water surface elevations.

FLOOD PROTECTION ELEVATION (FPE): The elevation of the base flood or 100-year frequency floods plus two feet (2') of freeboard at any given location in the SFHA.

FLOODPLAIN: That land typically adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. Floodplains may also include detached special flood hazard areas, ponding areas, etc. The floodplain is also known as the special flood hazard area (SFHA).

   A.   The floodplains are those lands within the jurisdiction of the city that are subject to inundation by the base flood or 100-year frequency flood. The SFHAs of the city are generally identified as such on panel numbers 0010G, 0015G, 0020G and 0040G of the countywide flood insurance rate map of the city prepared by the federal emergency management agency and dated February 4, 2009.

   B.   The SFHAs of those parts of unincorporated Kendall County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city are generally identified as such on panel numbers 0005G, 0100G, and 0125G of the countywide flood insurance rate map prepared for Kendall County by the federal emergency management agency and dated February 4, 2009.

FLOODPROOFING: Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODPROOFING CERTIFICATE: A form published by FEMA that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.

FLOODWAY: See definition of Designated Floodway.

HISTORIC STRUCTURE: Any structure that is:

   A.   Listed individually in the national register of historic places or preliminarily determined by the secretary of the interior as meeting the requirements for individual listing on the national register;

   B.   Certified or preliminarily determined by the secretary of the interior as contributing to the historic district or a district preliminarily determined by the secretary to qualify as a registered historic district;

   C.   Individually listed on the state inventory of historic places by the Illinois historic preservation agency;

   D.   Individually listed on a local inventory of historic places that has been certified by the Illinois historic preservation agency.

HYDROLOGIC AND HYDRAULIC CALCULATIONS: Engineering analysis which determines expected flood flows and flood elevations based on land characteristics and rainfall events.

IDNR/OWR: Illinois department of natural resources, office of water resources.

LETTER OF MAP AMENDMENT (LOMA): Official determination by FEMA that a specific structure is not in a 100-year floodplain; amends the FIRM.

LETTER OF MAP REVISION (LOMR): Letter that revises base flood or 100-year frequency flood elevations, floodplains or floodways as shown on an effective FIRM.

LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on site for more than one hundred eighty (180) consecutive days. The term "manufactured home" does not include a "recreational vehicle".

MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

MITIGATION: Includes those measures necessary to minimize the negative effects which floodplain development activities might have on the public health, safety and welfare. Examples of mitigation include: excavation of compensatory storage, soil erosion and sedimentation control, and channel restoration. Mitigation may also include those activities taken to reduce a structure's susceptibility to flooding.

NAVD 88: North American vertical datum of 1988. NAVD 88 supersedes the national geodetic vertical datum of 1929 (NGVD).

NATURAL: Conditions resulting from physical, chemical, and biological processes without intervention by man. When used in reference to channels, means those channels formed by the existing surface topography of the earth prior to changes made by man. A natural stream tends to follow a meandering path; its floodplain is not constrained by levees; the area near the bank has not been cleared, mowed or cultivated; the stream flows over soil and geologic materials typical of the area with no substantial alteration of the course or cross section of the stream caused by filling or excavating. A modified channel may regain some natural characteristics over time as the channel meanders and vegetation is reestablished. Similarly, a modified channel may be restored to more natural conditions by man through regrading and revegetation.

NEW CONSTRUCTION: Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK OR SUBDIVISION: Manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) has been completed on or after April 1, 1990.

ORDINARY HIGH WATER MARK (OHWM): The point on the bank or shore up to which the presence and action of surface water is so continuous so as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristics.

PUBLIC BODIES OF WATERS: All open public streams and lakes capable of being navigated by watercraft, in whole or in part, for commercial uses and purposes, and all lakes, rivers, and streams which in their natural condition were capable of being improved and made navigable, or that are connected with or discharge their waters into navigable lakes or rivers within, or upon the borders of the state of Illinois, together with all bayous, sloughs, backwaters, and submerged lands that are open to the main channel or body of water directly accessible thereto.

PUBLIC FLOOD CONTROL PROJECT: A flood control project which will be operated and maintained by a public agency to reduce flood damages to existing buildings and structures, including a hydrologic and hydraulic study of the existing and proposed conditions of the watershed. Nothing in this definition shall preclude the design, engineering, construction or financing, in whole or in part, of a flood control project by persons or parties who are not public agencies.

RECREATIONAL VEHICLE OR TRAVEL TRAILER: A vehicle which is:

   A.   Built on a single chassis;

   B.   Four hundred (400) square feet or less when measured at the largest horizontal projection;

   C.   Designed to be self-propelled or permanently towable by a light duty truck; and

   D.   Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

REDEVELOPMENT: Development on a parcel upon which the existing condition prior to the effective date hereof is a nonagricultural land use and includes infrastructure associated with nonagricultural activities. Widening of an existing street by a unit of local government, including, but not limited to, the Kendall County highway department and township road districts, may be considered redevelopment.

REGIONAL PERMITS: Regional permits are offered for preapproved projects which are considered minor projects that are permissible per IDNR/OWR part 3708 rules for northeastern Illinois regulatory floodways. A complete listing of the terms and conditions for specific project types can be obtained from the IDNR/OWR website.

REGISTERED LAND SURVEYOR: A land surveyor registered in the state of Illinois, under the Illinois land surveyors act 1 .

REGISTERED OR LICENSED PROFESSIONAL ENGINEER: An engineer registered in the state of Illinois, under the Illinois professional engineering practice act 2 .

REPAIR, REMODELING OR MAINTENANCE: Development activities which do not result in any increases in the outside dimensions of a building or any changes to the dimensions of a structure.

REPETITIVE LOSS: Flood related damages sustained by a structure on two (2) separate occasions during a ten (10) year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty five percent (25%) of the market value of the structure before the damage occurred.

RETENTION/DETENTION FACILITY: A retention facility stores stormwater runoff without a gravity release. A detention facility provides for storage of stormwater runoff and controlled release of this runoff during and after a flood or storm.

RIVERINE SFHA: Any SFHA subject to flooding from a river, creek, intermittent stream, ditch, on stream lake system or any other identified channel. This term does not include areas subject to flooding from lakes, ponding areas, areas of sheet flow, or other areas not subject to over bank flooding.

RUNOFF: The water derived from melting snow or rain falling on the land surface, flowing over the surface of the ground or collected in channels or conduits.

SEDIMENTATION: The processes that deposit soils, debris, and other materials either on other ground surfaces or in bodies of water or watercourses.

SPECIAL FLOOD HAZARD AREA (SFHA): See definition of Floodplain.

START OF CONSTRUCTION: Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or placement of a manufactured home on a foundation.

STATEWIDE PERMITS: Statewide permits are offered for preapproved projects that are considered minor projects which are permissible per the IDNR/OWR part 3700 rules. A complete listing of the statewide permits and permit requirements can be obtained from the IDNR/OWR website.

STRUCTURE: See definition of Building.

SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cumulative percentage of damage subsequent to the adoption of this chapter during a ten (10) year period equals or exceeds fifty percent (50%) of the market value of the structure before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination. The term includes repetitive loss buildings. See definition of Repetitive Loss.

SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition, or improvement of a structure taking place subsequent to the adoption of this chapter during a ten (10) year period in which the cumulative percentage of improvements equals or exceeds fifty percent (50%) of the market value of the structure before the improvement or repair is started.

   A.   "Substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the building. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual work done.

   B.   The term does not, however, include either:

      1.   Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or

      2.   Any alteration of a "historic structure" listed on the national register of historic places or the Illinois register of historic places, provided that the alteration will not preclude the structure's continued designation as a historic structure.

TRANSITION SECTION: Reaches of the stream or floodway where water flows from a narrow cross section to a wide cross section or vice versa.

VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance is presumed to be in violation until such time as that documentation is provided. (Ord. 2016-13, 4-25-2016)

   A.   The city engineer shall be responsible for fulfilling all of the duties listed in section 6-5-4 of this chapter.

   B.   To fulfill those duties, the city engineer should first use the criteria listed in section 6-5-5, "Base Flood Elevation", of this chapter to determine whether the development site is located within a floodplain.

   C.   Once it has been determined that a site is located within a floodplain, the city engineer must determine whether the development site is within a flood fringe, a designated floodway, or within an SFHA or floodplain for which no floodway has been identified.

      1.   If the site is within a flood fringe, the city engineer shall require that the minimum requirements of section 6-5-6 of this chapter be met.

      2.   If the site is within a floodway, the city engineer shall require that the minimum requirements of section 6-5-7 of this chapter be met.

      3.   If the site is located within an SFHA or floodplain for which no detailed study has been completed and approved, the city engineer shall require that the minimum requirements of section 6-5-8 of this chapter be met.

   D.   In addition, the general requirements of section 6-5-9 of this chapter shall be met for all developments meeting the requirements of section 6-5-6, 6-5-7, or 6-5-8 of this chapter.

   E.   The city engineer shall assure that all subdivision proposals shall meet the requirements of section 6-5-10 of this chapter.

   F.   If a variance is to be granted for a proposal, the city engineer shall review the requirements of section 6-5-11 of this chapter to make sure they are met. In addition, the city engineer shall complete all notification requirements.

   G.   In order to assure that property owners obtain permits as required in this chapter, the city engineer may take any and all actions as outlined in section 6-5-14 of this chapter. (Ord. 2016-13, 4-25-2016)

   A.   Determining The Floodplain Designation:

      1.   Check all new development sites to determine whether they are in a special flood hazard area (SFHA).

      2.   If they are in an SFHA, determine whether they are in a floodway, flood fringe or in a floodplain for which a detailed study has not been conducted and which drains more than one square mile.

      3.   Check whether the development is potentially within an extended SFHA (with a drainage area less than 1 square mile), indicating that the development would have adverse impacts regarding storage, conveyance, or inundation which would be the basis for the applicant being required to delineate the floodplain and floodway and be subject to the remaining sections of this chapter.

   B.   Professional Engineer Review:

      1.   If the development site is within a floodway or in a floodplain for which a detailed study has not been conducted and which drains more than one square mile, the permit shall be referred to a licensed professional engineer under the employ or contract of the city for review to ensure that the development meets section 6-5-7 or 6-5-8 of this chapter.

      2.   In the case of an appropriate use, the PE shall state in writing that the development meets the requirements of section 6-5-7 of this chapter.

   C.   Dam Safety Requirements:

      1.   Dams are classified as to their size and their hazard/damage potential in the event of failure.

      2.   The construction or major modification of all class I (high hazard) and class II (moderate hazard) dams require an IDNR/OWR dam safety permit.

      3.   Some class III (low hazard) dams require an IDNR/OWR dam safety permit, depending on the drainage area to the dam, the height of the dam and the impounding capacity behind the dam. Most off channel detention basins that have an embankment are nonjurisdictional class III dams. It is not required that IDNR/OWR "sign off" on all nonjurisdictional class III dams.

      4.   A consulting engineer with dam safety knowledge can estimate a hazard classification and determine if an IDNR/OWR dam safety permit is required.

      5.   A permit application submittal must be made to IDNR/OWR for the construction or major modification of jurisdictional dams.

      6.   Regulated dams may include weirs, restrictive culverts or impoundment structures.

   D.   Other Permit Requirements: Ensure any and all required federal, state and local permits are received prior to the issuance of a floodplain development permit.

   E.   Plan Review And Permit Issuance:

      1.   Ensure that all development activities within the SFHAs of the jurisdiction of the city meet the requirements of this chapter, and

      2.   Issue a floodplain development permit in accordance with the provisions of this chapter and other regulations of this community when the development meets the conditions of this chapter.

   F.   Inspection Review:

      1.   Inspect all development projects before, during and after construction to assure proper elevation of the structure and to ensure compliance with the provisions of this chapter; and

      2.   Schedule on an annual basis an inspection of the floodplain and document the results of the inspection.

   G.   Damage Determinations: Make damage determinations of all damaged buildings in the SFHA after a flood to determine substantially damaged structures which must comply with subsection 6-5-9C3 of this chapter.

   H.   Elevation And Floodproofing Certificates: Maintain permit files including:

      1.   An elevation certificate certifying the elevation of the lowest floor (including basement) of a residential or nonresidential building subject to section 6-5-9 of this chapter, and/or

      2.   The elevation to which a nonresidential building has been floodproofed, using a floodproofing certificate, for all buildings subject to section 6-5-9 of this chapter.

   I.   Records For Public Inspection: Maintain for public inspection and furnish upon request base flood data, SFHA and designated floodway maps, copies of federal or state permit documents, variance documentation, conditional letter of map revision, letter of map revision, letter of map amendment and "as built" elevation and floodproofing and/or elevation certificates for all buildings constructed subject to this chapter.

   J.   State Permits: Ensure that construction authorization has been granted by IDNR/OWR, for all development projects subject to sections 6-5-7 and 6-5-8 of this chapter, unless enforcement responsibility has been delegated to the city. However, the following review approvals are not delegated to the city and shall require review or permits from IDNR/OWR:

      1.   Organizations which are exempt from this chapter, as per the Illinois Compiled Statutes;

      2.   IDNR/OWR projects, dams or impoundment structures as defined in section 6-5-2 of this chapter and all other state, federal or local unit of government projects, including projects of the city and county, except for those projects meeting the requirements of subsection 6-5-7B1 of this chapter;

      3.   An engineer's determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile, per subsection 6-5-7B3e of this chapter;

      4.   An engineer's analysis of the flood profile due to subsection 6-5-7B3d of this chapter;

      5.   Alternative transition sections and hydraulically equivalent compensatory storage as indicated in subsections 6-5-7B3a, B3b, and B3h of this chapter;

      6.   Permit issuance of structures within, under, or over publicly navigable rivers, lakes and streams;

      7.   Any changes in the mapped floodway or published flood profiles.

   K.   Cooperation With Other Agencies:

      1.   Cooperate with state and federal floodplain management agencies to improve base flood or 100-year frequency flood and floodway data and to improve the administration of this chapter;

      2.   Submit data to IDNR/OWR and FEMA for proposed revisions of a regulatory map within six (6) months whenever a modification of the floodplain may change the base flood elevation or result in a change to the floodplain map;

      3.   Submit reports as required for the national flood insurance program; and

      4.   Notify FEMA of any proposed amendments to this chapter.

   L.   Promulgate Regulations: Promulgate rules and regulations as necessary to administer and enforce the provisions of this chapter, subject however to the review and approval of IDNR/OWR and FEMA for any chapter changes. (Ord. 2016-13, 4-25-2016)

   A.   Flood Insurance Study: This chapter's protection standard is based on the flood insurance study for the city.

      1.   If a base flood elevation or 100-year frequency flood elevation is not available for a particular site, then the protection standard shall be according to the best existing data available from federal, state or other sources.

      2.   When a party disagrees with the best available data, they shall submit a detailed engineering study needed to replace existing data with better data and submit it to IDNR/OWR and FEMA for review and consideration prior to any development of the site.

   B.   Big Rock Creek, Fox River, Little Rock Creek: The base flood or 100-year frequency flood elevation for the SFHAs of Big Rock Creek, Fox River, Little Rock Creek and the east branch of Little Rock Creek shall be as delineated on the 100-year flood profiles in the flood insurance study of the county of Kendall prepared by FEMA dated February 4, 2009, and such amendments to such study and maps as may be prepared from time to time.

   C.   Annexed Land: The base flood or 100-year frequency flood elevation for the SFHAs of those parts of unincorporated Kendall County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city shall be as delineated on the 100-year flood profiles in the flood insurance study of Kendall County prepared by FEMA and dated February 4, 2009, and such amendments or revisions to such study and maps as may be prepared from time to time.

   D.   AH Or AO Zone: The base flood or 100-year frequency flood elevation for each SFHA delineated as an "AH zone" or "AO zone" shall be that elevation (or depth) delineated on the countywide flood insurance rate map of Kendall County, Illinois.

   E.   A Zone: The base flood or 100-year frequency flood elevation for each of the remaining SFHAs delineated as an "A zone" on the countywide flood insurance rate map of Kendall County shall be according to the best existing data available from federal, state or other sources. Should no other data exist, an engineering study must be financed by the applicant to determine base flood elevations.

      1.   When no base flood or 100-year frequency flood elevation exists, the base flood or 100-year frequency flood elevation for a riverine SFHA shall be determined from a backwater model, such as HEC-II, HEC-RAS, or a dynamic model such as HIP.

      2.   The flood flows used in the hydraulic models shall be obtained from a hydrologic model, such as HEC-HMS, HEC-1, TR-20, or HIP, or by techniques presented in various publications prepared by the United States geological survey for estimating peak flood discharges.

      3.   For a nonriverine SFHA, the base flood elevation shall be the historic flood of record plus three feet (3'), unless calculated by a detailed engineering study.

      4.   For an unmapped extended SFHA (with a drainage area less than 1 square mile) which has been identified by the city engineer pursuant to subsection 6-5-4A3 of this chapter, the base flood elevation shall be determined by the applicant utilizing a method as approved in this subsection E.

   F.   Floodway:

      1.   The location of the regulatory floodway shall be as delineated on the current effective regulatory maps maintained by the city. The location of the regulatory floodway boundary shall be scaled onto the site plan using references common to both the map and the plan (typically the centerlines of adjacent roadways). Where an interpretation is needed to determine the exact location of the regulatory floodway boundary, IDNR/OWR should be contacted.

Note: If an area of the site is located in the regulatory floodway that is higher than the BFE, that area is subject to the floodway standards of section 404 until such time as an LOMR is received from FEMA with concurrence by IDNR/OWR.

General criteria for analysis of flood elevations in the regulatory floodway are as follows:

         a.   The flood profiles, flows, and data in the current effective FIS must be used for analysis of the base conditions. If the study data appears to be in error or conditions have changed, FEMA and IDNR/OWR shall be contacted for approval and concurrence on the appropriate base conditions data to use. The city shall be copied on all related correspondence.

         b.   If the BFE at the site of the proposed development is affected by backwater from a downstream receiving stream with a larger drainage area, the proposed development shall be shown to meet the requirements of this section with the receiving stream at both the normal water and BFEs.

         c.   If the applicant is informed by IDNR/OWR, local governments, or a private owner that a downstream or upstream restrictive bridge or culvert is scheduled to be removed, reconstructed, modified, or a regional flood control project is scheduled to be built, removed, constructed, or modified within the next five (5) years, the proposed development shall be analyzed and shown to meet the requirements of this section for both the existing conditions and the expected flood profile conditions when the bridge, culvert or flood control project is built, removed or modified as applicable.

         d.   IDNR/OWR will review all proposed floodway modifications, including BFE, and issue permits for any work modifying the floodway. (Ord. 2016-13, 4-25-2016)

Development in and/or filling of the flood fringe will be permitted if protection is provided against the base flood or 100-year frequency flood by proper elevation, and compensatory storage, and other applicable provisions of this chapter. No use will be permitted which adversely affects the capacity of drainage facilities or systems. Developments located within the flood fringe shall meet the requirements of this section, along with the requirements of section 6-5-9 of this chapter.

   A.   Development Permit:

      1.   No person, firm, corporation, or governmental body not exempted by law shall commence any development in the SFHA without first obtaining a development permit from the city engineer.

      2.   Application for a development permit shall be made on a form provided by the city engineer.

         a.   The application shall be accompanied by drawings of the site, drawn to scale, showing property line dimensions and legal description for the property and sealed by a licensed engineer, architect or land surveyor; existing grade elevations, using the North American vertical datum of 1988, and all changes in grade resulting from excavation or filling; the location and dimensions of all buildings and additions to buildings.

         b.   For all proposed buildings, the elevation of the lowest floor (including basement) and lowest adjacent grade shall be shown on the submitted plans and the development will be subject to the requirements of section 6-5-9 of this chapter.

      3.   Upon receipt of a development permit application, the city engineer shall compare the elevation of the site to the base flood or 100-year frequency flood elevation.

         a.   Any development located on land that can be shown to be higher than the base flood elevation of the current flood insurance rate map and which has not been filled after the date of the site's first flood insurance rate map without a permit as required by this chapter is not in the SFHA and, therefore, not subject to the requirements of this chapter.

Conversely, any development located on land shown to be below the base flood elevation and hydraulically connected, but shown on the current flood insurance rate map is subject to the provisions of this chapter.

         b.   The city engineer shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first flood insurance rate map identification.

      4.   A soil erosion and sediment control plan for disturbed areas shall be submitted. This plan shall include a description of the sequence of grading activities and the temporary sediment and erosion control measures to be implemented to mitigate their effects. This plan shall also include a description of final stabilization and revegetation measures, and the identification of a responsible party to ensure postconstruction maintenance.

      5.   The city engineer shall be responsible for obtaining from the applicant copies of all other federal, state, and local permits, approvals or waivers that may be required for this type of activity. The city engineer shall not issue a permit unless all other federal, state, and local permits have been obtained.

   B.   Preventing Increased Damages: No development in the flood fringe shall create a threat to public health and safety.

      1.   Fill: If fill is being used to elevate the site above the base flood or 100-year frequency flood elevation, the applicant shall submit sufficient data and obtain a letter of map revision (LOMR) from FEMA for the purpose of removing the site from the floodplain.

      2.   Compensatory Storage:

         a.   Whenever any portion of a floodplain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood or 100-year frequency flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood or 100-year frequency flood elevation.

         b.   The excavation volume shall be at least equal to 1.5 times the volume of storage lost due to the fill or structure.

         c.   In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied.

         d.   All floodplain storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All floodplain storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation.

         e.   All such excavations shall be constructed to drain freely and openly to the watercourse.

         f.   Compensatory storage volume for development in a nonriverine regulatory floodplain area that is also adjacent to a lake shall be equal to the storage volume displaced.

         g.   Compensatory storage volume requirements for development in a nonriverine regulatory floodplain that is not adjacent to a lake shall be replaced in accordance with the requirements for the loss of depressional storage.

         h.   A recorded covenant or easement running with the land is required to maintain the compensatory storage volume in areas modified to provide compensatory storage volume.

   C.   Construction Of The Lowest Floor Below The Base Flood Elevation (BFE): A person who has obtained a letter of map revision based on fill that removes a site in the flood fringe from the floodplain due to the use of fill to elevate the site above the BFE, may apply for a permit from the city to construct the lowest floor of a residential building below the BFE in the flood fringe. The city engineer shall not issue such a permit unless the applicant has complied with all the criteria set forth in the following subsections:

      1.   Compensatory storage shall be provided per subsection B2 of this section.

      2.   The elevation of the lowest opening in the basement wall (i.e., window wells, accessways) shall be at or above the flood protection elevation (FPE).

      3.   The lowest adjacent grade to the foundation shall be at or above the FPE, for a minimum distance of ten feet (10') beyond the outside face of the structure. However, if site conditions are such that this requirement cannot be met, the city engineer may waive the ten foot (10') minimum setback if an Illinois licensed professional engineer certifies that an alternative method to protect the building from damage due to hydrostatic pressures has been met. The certifications shall be in the form of a detailed soils and structural design analysis, which shall be submitted to the city engineer for review. The city engineer may require such additional documentation as necessary to prove that the proposed shorter setback distance will keep the structure reasonably safe. In no case shall the setback distance be less than four feet (4').

      4.   The grade around the perimeter of the structure, measured at a distance of twenty feet (20') from the structure, shall be above the BFE. However, if site conditions are such that this requirement cannot be obtained, the city engineer may waive the twenty foot (20') minimum setback distance if an Illinois licensed professional engineer certifies that an alternative method to protect the building from damages due to hydrostatic pressures have been met. A detailed soils analysis and structural design proving that a shorter setback distance will keep the structure reasonably safe from flooding, shall be submitted to the city for review. In no case shall the setback distance be less than four feet (4').

      5.   The ground around the building shall be compacted fill that meets all requirements of this subsection and is at least five feet (5') thick under the basement floor slab. Nothing in this subsection shall be interpreted to require the removal or replacement of fill that was placed as part of an LOMR-F, if such fill consists of material, including soils of similar classification and degree of permeability, such as those classified as CH, CL, SC or ML according to ASTM standard D-2487, classification of soils for engineering purposes.

      6.   The fill material must be homogeneous and isotropic; that is, the soil must be all of one material, and the engineering priorities must be in the same direction.

      7.   All fill material and compaction shall be designed, certified and inspected by an Illinois licensed professional engineer, as warranted by the site conditions.

      8.   The basement floor shall be at an elevation that is no more than five feet (5') below the BFE.

      9.   There shall be a granular drainage layer beneath the floor slab, and minimum of one-fourth (1/4) horsepower sump pump with a backup power supply shall be provided to remove seepage flow. The pump shall be rated at four (4) times the estimated seepage rate and shall discharge above the BFE and away from the building in order to prevent flooding of the basement or uplift of the floor under the effect of the seepage pressure.

      10.   The drainage system shall be equipped with a positive means of preventing backflow.

      11.   All foundation elements shall be designed to withstand hydrostatic pressure in accordance with accepted engineering practices.

      12.   If the applicant is unable to meet all of the requirements set forth in the preceding paragraphs of this subsection, the city engineer may allow the construction of a basement below the BFE only if the applicant demonstrates that the proposed fill and structure meet the guidelines and requirements set forth in FEMA technical bulletin 10-01 and are reasonably safe from flooding. In order to demonstrate that the proposed structure is reasonably safe from flooding, the applicant shall submit a detailed engineering analysis of the proposed fill and foundation wall. The engineered basement study shall be completed in accordance with the latest edition of FEMA technical bulletin 10-01, with the analysis of the fill being prepared by an Illinois licensed professional engineer.

      13.   In order to provide the required compensatory storage on site, in no case shall the depth of excavation in the front and side yards of the lot exceed eighteen inches (18"), as measured from the previously existing natural grade. The rear yard shall be permitted to have a greater depth of excavation, if necessary. All such excavation shall be constructed to drain freely and openly to the watercourse or storm sewer system. The use of mechanical means to drain the compensatory storage area will not be permitted. (Ord. 2016-13, 4-25-2016)

This section applies to proposed development, redevelopment, site modification or building modification within a designated floodway. The designated floodway for Big Rock Creek, Fox River, Little Rock Creek and the east branch of Little Rock Creek shall be as delineated on the countywide flood insurance rate map of Kendall County and referenced in the definition of "flood insurance rate map (FIRM)" in section 6-5-2 of this chapter. Only those uses and structures will be permitted which meet the criteria in this section. All floodway modifications shall be the minimum necessary to accomplish the purpose of the project. The development shall also meet the requirements of section 6-5-9 of this chapter.

   A.   Development Permit: No person, firm, corporation or governmental body not exempted by state law shall commence any development in a floodway without first obtaining a development permit from the city engineer and IDNR/OWR.

      1.   Application for a development permit shall be made on a form provided by the city engineer. The application shall include the following information:

         a.   Name and address of applicant;

         b.   Site location (including legal description) of the property, drawn to scale, on the designated floodway map, indicating whether it is proposed to be in an incorporated or unincorporated area;

         c.   Name of stream or body of water affected;

         d.   Description of proposed activity;

         e.   Statement of purpose of proposed activity;

         f.   Anticipated dates of initiation and completion of activity;

         g.   Name and mailing address of the owner of the subject property if different from the applicant;

         h.   Signature of the applicant or the applicant's agent;

         i.   If the applicant is a corporation, the president or other authorized officer shall sign the application form;

         j.   If the applicant is a partnership, each partner shall sign the application form; and

         k.   If the applicant is a land trust, the trust officer shall sign the name of the trustee by him (her) as trust officer. A disclosure affidavit shall be filed with the application, identifying each beneficiary of the trust by name and address and defining the respective interests therein;

         l.   Plans of the proposed activity shall be provided which include as a minimum:

            (1)   A vicinity map showing the site of the activity, name of the waterway, boundary lines, names of roads in the vicinity of the site, graphic or numerical scale, and north arrow;

            (2)   A plan view of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the structure or work, elevations, using the North American vertical datum of 1988, adjacent property lines and ownership, drainage and flood control easements, location of any channels and any existing or future access roads, distance between proposed activity and navigation channel (when the proposed construction is near a commercially navigable body of water), designated floodway limit, floodplain limit, specifications and dimensions of any proposed channel modifications, location and orientation of cross sections, north arrow, and a graphic or numerical scale;

            (3)   Cross section views of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the work as shown in plan view, existing and proposed elevations, normal water elevation, 10-year frequency flood elevation, 100-year frequency flood elevation, and graphic or numerical scales (horizontal and vertical);

            (4)   A soil erosion and sediment control plan for disturbed areas. This plan shall include a description of the sequence of grading activities and the temporary sediment and erosion control measures to be implemented to mitigate their effects. This plan shall also include a description of final stabilization and revegetation measures, and the identification of a responsible party to ensure postconstruction maintenance;

            (5)   A copy of the designated floodway map, marked to reflect any proposed change in the designated floodway location;

         m.   Any and all other federal, state, and local permits or approval letters that may be required for this type of development;

         n.   Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the permit criteria of subsection B of this section;

         o.   If the designated floodway delineation, base flood or 100-year frequency flood elevation will change due to the proposed project, the application will not be considered complete until IDNR/OWR has indicated conditional approval of the designated floodway map change. No structures may be built until a letter of map revision has been approved by FEMA;

         p.   The application for a structure shall be accompanied by drawings of the site, drawn to scale showing property line dimensions and existing ground elevations and all changes in grade resulting from any proposed excavation or filling, and floodplain and floodway limits; sealed by a licensed professional engineer, licensed architect or licensed land surveyor; the location and dimensions of all buildings and additions to buildings; and the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of section 6-5-9 of this chapter;

         q.   If the proposed project involves a channel modification, the applicant shall submit the following information:

            (1)   A discussion of the purpose of and need for the proposed work;

            (2)   A discussion of the feasibility of using alternative locations or methods (see subsection B3i of this section) to accomplish the purpose of the proposed work;

            (3)   An analysis of the extent and permanence of the impacts each feasible alternative identified in subsection B3i of this section would have on the physical and biological conditions of the body of water affected; and

            (4)   An analysis of the impacts of the proposed project, considering cumulative effects on the physical and biological conditions of the body of water affected.

      2.   The city engineer shall be responsible for obtaining from the applicant copies of all other federal, state, and local permits and approvals that may be required for this type of activity.

         a.   The city engineer shall not issue the development permit unless all required federal and state permits have been obtained.

         b.   A licensed professional engineer, under the employ or contract of the city shall review and approve applications reviewed under this section.

   B.   Preventing Increased Damages And A List Of Appropriate Uses:

      1.   Appropriate Uses: The only development in a floodway which will be allowed are appropriate uses, which will not cause a rise in the base flood elevation, and which will not create a damaging or potentially damaging increase in flood heights or velocity or be a threat to public health and safety and welfare or impair the natural hydrologic and hydraulic functions of the floodway or channel, or permanently impair existing water quality or aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as called for in this chapter. Only those appropriate uses listed in 17 Illinois administrative code part 3708 will be allowed. The approved appropriate uses are as follows:

         a.   Flood control structures, dikes, dams and other public works or private improvements relating to the control of drainage, flooding, erosion, or water quality or habitat for fish and wildlife;

         b.   Structures or facilities relating to the use of, or requiring access to, the water or shoreline, such as pumping and treatment facilities, and facilities and improvements related to recreational boating, commercial shipping and other functionally water dependent uses;

         c.   Storm and sanitary sewer relief outfalls;

         d.   Underground and overhead utilities;

         e.   Recreational facilities such as playing fields and trail systems, including any related fencing (at least 50 percent open when viewed from any one direction) built parallel to the direction of flood flows, and including open air pavilions and toilet facilities (4 stall maximum) that will not block flood flows nor reduce floodway storage;

         f.   Detached garages, storage sheds, or other nonhabitable accessory structures that will not block flood flows nor reduce floodway storage;

         g.   Bridges, culverts, roadways, sidewalks, railways, runways and taxiways and any modification thereto;

         h.   Parking lots built at or below existing grade where either:

            (1)   The depth of flooding at the 100-year frequency flood event will not exceed 1.0 foot; or

            (2)   The applicant of a short term recreational use facility parking lot formally agrees to restrict access during over bank flooding events and accepts liability for all damage caused by vehicular access during all over bank flooding events;

         i.   Designated floodway regrading, without fill, to create a positive nonerosive slope toward a watercourse;

         j.   Floodproofing activities to protect previously existing lawful structures including the construction of watertight window wells, elevating structures, or construction of floodwalls around residential, commercial or industrial principal structures where the outside toe of the floodwall shall be no more than ten feet (10') away from the exterior wall of the existing structure, and, which are not considered substantial improvements to the structure;

         k.   The replacement, reconstruction, or repair of a damaged building, provided that the outside dimensions are not increased, and if the building was damaged to fifty percent (50%) or more of the market value before the damage occurred, the building will be protected from flooding to the flood protection elevation;

         l.   Modifications to an existing building that would not increase the enclosed floor area of the building below the 100-year frequency flood elevation, and which will not block flood flows including, but not limited to, fireplaces, bay windows, decks, patios, and second-story additions. If the building is improved to fifty percent (50%) or more of the market value before the modification occurred (i.e., a substantial improvement), the building will be protected from flooding to the flood protection elevation.

      2.   Exclusions: Appropriate uses do not include the construction or placement of any new structures, fill, building additions, buildings on stilts, excavation or channel modifications done to accommodate otherwise nonappropriate uses in the floodway, fencing (including landscaping or planting designed to act as a fence) and storage of materials except as specifically defined above as an appropriate use.

      3.   Engineering And Mitigation Requirements: Within the designated floodway, the construction of an appropriate use will be considered permissible provided that the proposed project meets the following engineering and mitigation criteria and is so stated in writing with supporting plans, calculations and data by a licensed professional engineer and provided that any structure meets the protection requirements of section 6-5-9 of this chapter:

         a.   Preservation Of Flood Conveyance So As Not To Increase Flood Stages Upstream: For appropriate uses other than bridge or culvert crossings, on stream structures or dams, all effective designated floodway conveyance lost due to the project will be replaced for all flood events up to and including the 100-year frequency flood. In calculating effective designated floodway conveyance, the following factors shall be taken into consideration:

            (1)   Designated floodway conveyance, "K" = (1.486/n)(AR2/3) where "n" is Manning's roughness factor, "A" is the effective flow area of the cross section, and "R" is the ratio of the area to the wetted perimeter. (See Ven Te Chow, "Open Channel Hydraulics", [McGraw-Hill, New York, 1959].)

            (2)   The same Manning's "n" value shall be used for both existing and proposed conditions unless a recorded maintenance agreement with a federal, state, or local unit of government can assure the proposed conditions will be maintained or the land cover is changing from a vegetative to a nonvegetative land cover.

            (3)   Transition sections shall be provided and used in calculations of effective designated floodway conveyance. The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to IDNR/OWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency:

               (A)   When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot (1') horizontal for every four feet (4') of the flooded stream's length.

               (B)   When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot (1') horizontal for every one foot (1') of the flooded stream's length.

               (C)   When expanding or contracting flows in a vertical direction, a minimum of one foot (1') vertical transition for every ten feet (10') of stream length shall be used.

               (D)   Transition sections shall be provided between cross sections with rapid expansions and contractions and when meeting the designated floodway delineation on adjacent properties.

               (E)   All cross sections used in the calculations shall be located perpendicular to flood flows.

         b.   Preservation Of Floodway Storage So As Not To Increase Downstream Flooding:

            (1)   Compensatory storage shall be provided for any designated floodway storage lost due to the proposed work from the volume of fill or structures placed and the impact of any related flood control projects.

            (2)   Compensatory storage for fill or structures shall be equal to at least 1.5 times the volume of floodplain storage lost.

            (3)   Artificially created storage lost due to a reduction in head loss behind a bridge shall not be required to be replaced.

            (4)   The compensatory designated floodway storage shall be placed between the proposed normal water elevation and the proposed 100-year flood elevation. All designated floodway storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All designated floodway storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse.

            (5)   If the compensatory storage will not be placed at the location of the proposed construction, the applicant's engineer shall demonstrate through a determination of flood discharges and water surface elevations that the compensatory storage is hydraulically equivalent.

            (6)   There shall be no reduction in floodway surface area as a result of a floodway modification, unless such modification is necessary to reduce flooding at existing structure.

            (7)   A recorded covenant or easement running with the land is required to maintain the compensatory storage volume in areas modified to provide compensatory storage volume.

         c.   Preservation Of Floodway Velocities So As Not To Increase Stream Erosion Or Flood Heights:

            (1)   For all appropriate uses, except bridges or culverts or on stream structures, the proposed work will not result in an increase in the average channel or designated floodway velocities or stage for all flood events up to and including the 100-year frequency event.

            (2)   In the case of bridges or culverts or on stream structures built for the purpose of backing up water in the stream during normal or flood flows, velocities may be increased at the structure site if scour, erosion and sedimentation will be avoided by the use of riprap or other design measures.

         d.   Construction Of New Bridges Or Culvert Crossings And Roadway Approaches:

            (1)   The proposed structure shall not result in an increase of upstream flood stages greater than 0.1 foot when compared to the existing conditions for all flood events up to and including the 100-year frequency event; or the upstream flood stage increases will be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or floodwalls or within recorded flood easements.

            (2)   If the proposed construction will increase upstream flood stages greater than 0.1 foot, the developer must contact IDNR/OWR to obtain a permit for a dam or waiver.

               (A)   The engineering analysis of upstream flood stages must be calculated using the flood study flows, and corresponding flood elevations for tailwater conditions for the flood study specified in section 6-5-5 of this chapter.

Bridges and culverts must be analyzed using any commonly accepted FEMA approved hydraulic models.

               (B)   Lost floodway storage must be compensated for per subsection B3b of this section.

               (C)   Velocity increases must be mitigated per subsection B3c of this section.

               (D)   If the crossing is proposed over a public water that is used for recreational or commercial navigation, an IDNR/OWR permit must be received.

               (E)   The hydraulic analysis for the backwater caused by the bridge showing the existing condition and proposed regulatory profile must be submitted to IDNR/OWR for concurrence that a CLOMR is not required by this subsection B.

               (F)   All excavations for the construction of the crossing shall be designed per subsection B3h of this section.

         e.   Reconstruction Or Modification Of Existing Bridges, Culverts, And Approach Roads:

            (1)   The bridge or culvert and roadway approach reconstruction or modification shall be constructed with no more than 0.1 foot increase in backwater over the existing flood profile for all flood frequencies up to and including the 100-year event, if the existing structure is not a source of flood damage.

            (2)   If the existing bridge or culvert and roadway approach is a source of flood damage to buildings or structures in the upstream floodplain, the applicant's engineer shall evaluate the feasibility of redesigning the structure to reduce the existing backwater, taking into consideration the effects on flood stages on upstream and downstream properties.

            (3)   The determination as to whether or not the existing crossing is a source of flood damage and should be redesigned must be prepared in accordance with 17 Illinois administrative code part 3708 (floodway construction in northeastern Illinois) and submitted to IDNR/OWR for review and concurrence before a permit is issued.

         f.   On Stream Structures Built For The Purpose Of Backing Up Water:

            (1)   Any increase in upstream flood stages greater than 0.0 feet when compared to the existing conditions, for all flood events up to and including the 100-year frequency event shall be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or floodwalls or within recorded flood easements.

            (2)   A permit or letter indicating a permit is not required must be obtained from IDNR/OWR for any structure built for the purpose of backing up water in the stream during normal or flood flow.

            (3)   All dams and impoundment structures as defined in section 6-5-2 of this chapter shall meet the permitting requirements of 17 Illinois administrative code part 3702 (construction and maintenance of dams). If the proposed activity involves a modification of the channel or floodway to accommodate an impoundment, it shall be demonstrated that:

               (A)   The impoundment is determined to be in the public interest by providing flood control, public recreation, or regional stormwater detention;

               (B)   The impoundment will not prevent the migration of indigenous fish species, which require access to upstream areas as part of their life cycle, such as for spawning;

               (C)   The impoundment will not cause or contribute to degraded water quality or habitat conditions. Impoundment design should include gradual bank slopes, appropriate bank stabilization measures and a presedimentation basin;

               (D)   A nonpoint source control plan has been implemented in the upstream watershed to control the effects of sediment runoff as well as minimize the input of nutrients, oil and grease, metals, and other pollutants. If there is more than one municipality in the upstream watershed, the municipality in which the impoundment is constructed should coordinate with upstream municipalities to ensure comprehensive watershed control;

               (E)   The project otherwise complies with the requirements of this section.

         g.   Floodproofing Of Existing Habitable, Residential And Commercial Structures:

            (1)   If construction is required beyond the outside dimensions of the existing building, the outside perimeter of the floodproofing construction shall be placed no farther than ten feet (10') from the outside of the building.

            (2)   Compensation of lost storage and conveyance will not be required for floodproofing activities.

         h.   Excavation In The Floodway:

            (1)   When excavation is proposed in the design of bridges and culvert openings, including the modifications to and replacement of existing bridge and culvert structures, or to compensate for lost conveyance or other appropriate uses, transition sections shall be provided for the excavation.

            (2)   The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to IDNR/OWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency:

               (A)   When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot (1') horizontal for every four feet (4') of the flooded stream's length; and

               (B)   When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot (1') horizontal for every one foot (1') of the flooded stream's length; and

               (C)   When expanding or contracting flows in a vertical direction, a minimum of one foot (1') vertical transition for every ten feet (10') of stream length shall be used; and

               (D)   Erosion/scour protection shall be provided inland upstream and downstream of the transition sections.

         i.   Channel Modification: If the proposed activity involves a channel modification, it shall be demonstrated that:

            (1)   There are no practicable alternatives to the activity which would accomplish its purpose with less impact to the natural conditions of the body of water affected. Possible alternatives include levees, bank stabilization, floodproofing of existing structures, removal of structures from the floodplain, clearing the channel, high flow channel, or the establishment of a streamside buffer strip or greenbelt. Channel modification is acceptable if the purpose is to restore natural conditions and improve water quality and fish and wildlife habitat;

            (2)   Water quality, habitat, and other natural functions would be significantly improved by the modification and no significant habitat area may be destroyed, or the impacts are offset by the replacement of an equivalent degree of natural resource values;

            (3)   The activity has been planned and designed and will be constructed in a way which will minimize its adverse impacts on the natural conditions of the body of water affected, consistent with the following criteria:

               (A)   The physical characteristics of the modified channel shall match as closely as possible those of the existing channel in length, cross section, slope and sinuosity. If the existing channel has been previously modified, restoration of more natural physical conditions should be incorporated into channel modification design, where practical.

               (B)   Hydraulically effective transitions shall be provided at both the upstream and downstream ends of the project, designed such that they will prevent erosion.

               (C)   One sided construction of a channel shall be used when feasible. Removal of streamside (riparian) vegetation should be limited to one side of the channel where possible, to preserve the shading and stabilization effects of the vegetation.

               (D)   Clearing of stabilizing vegetation shall be limited to that which is essential for construction of the channel.

               (E)   Channel banks shall be constructed with a side slope no steeper than three to one (3:1) horizontal to vertical, wherever practicable. Native vegetation and gradual side slopes are the preferred methods for bank stabilization.

Where high velocities or sharp bends necessitate the use of alternative stabilization measures, soil bioengineering techniques, natural rock or riprap are preferred approaches. Artificial materials such as concrete, gabions, or construction rubble should be avoided unless there are no practicable alternatives.

               (F)   All disturbed areas associated with the modification shall be seeded or otherwise stabilized as soon as possible upon completion of construction. Erosion blanket or an equivalent material shall be required to stabilize disturbed channel banks prior to establishment of the vegetative cover.

               (G)   If the existing channel contains considerable bottom diversity such as deep pools, riffles, and other similar features, such features shall be provided in the new channel. Spawning and nesting areas and flow characteristics compatible with fish habitat shall also be established, where appropriate.

               (H)   A sediment basin shall be installed at the downstream end of the modification to reduce sedimentation and degradation of downstream water quality.

               (I)   New or relocated channels should be built in the dry and all items of construction, including vegetation, should be completed prior to diversion of water into the new channel.

               (J)   There shall be no increases in stage or velocity as the channel enters or leaves the project site for any frequency flood unless necessitated by a public flood control project or unless such an increase is justified as part of a habitat improvement or erosion control project.

               (K)   Unless the modification is for a public flood control project, there shall be no reduction in the volume of floodwater storage outside the floodway as a result of the modification; and

            (4)   The project otherwise complies with the requirements of this section.

         j.   Seeding And Stabilization Plan: For all activities located in a floodway, a seeding and stabilization plan shall be submitted by the applicant.

         k.   Soil Erosion And Sedimentation Measures: For all activities in the floodway, including grading, filling, and excavation, in which there is potential for erosion of exposed soil, soil erosion and sedimentation control measures shall be employed consistent with the following criteria:

            (1)   The construction area shall be minimized to preserve the maximum vegetation possible. Construction shall be scheduled to minimize the time soil is exposed and unprotected. In no case shall the existing natural vegetation be destroyed, removed, or disturbed more than fifteen (15) days prior to the initiation of improvements.

            (2)   Temporary and/or permanent soil stabilization shall be applied to denuded areas as soon as possible. As a minimum, soil stabilization shall be provided within fifteen (15) days after final grade is reached on any portion of the site, and within fifteen (15) days to denuded areas which may not be at final grade but will remain undisturbed for longer than sixty (60) days.

            (3)   Sedimentation control measures shall be installed before any significant grading or filling is initiated on the site to prevent the movement of eroded sediments off site or into the channel. Potential sediment control devices include filter fences, straw bale fences, check dams, diversion ditches, and sediment traps and basins.

            (4)   A vegetated buffer strip of at least twenty five feet (25') in width shall be preserved and/or reestablished, where possible, along existing channels (see subsection B3p of this section). Construction vehicle use of channels shall be minimized. Temporary stream crossings shall be constructed, where necessary, to minimize erosion.

Necessary construction in or along channels shall be restabilized immediately.

            (5)   Soil erosion and sedimentation control measures shall be designed and implemented consistent with "Procedures And Standards For Urban Soil Erosion And Sedimentation Control In Illinois" (1988) also known as the "Green Book" and "The Illinois Urban Manual" (NRCS, 1995).

         l.   Public Flood Control Projects: For public flood control projects, the permitting requirements of this section will be considered met if the applicant can demonstrate to IDNR/OWR through hydraulic and hydrologic calculations that the proposed project will not singularly or cumulatively result in increased flood heights outside the project right of way or easements for all flood events up to and including the 100-year frequency event.

         m.   General Criteria For Analysis Of Flood Elevations:

            (1)   The flood profiles, flows and floodway data in the designated floodway study, referenced in section 6-5-5 of this chapter, must be used for analysis of the base conditions. If the study data appears to be in error or conditions have changed, IDNR/OWR shall be contacted for approval and concurrence on the appropriate base conditions data to use.

            (2)   If the 100-year designated floodway elevation at the site of the proposed construction is affected by backwater from a downstream receiving stream with a larger drainage area, the proposed construction shall be shown to meet:

               (A)   The requirements of this section for the 100-year frequency flood elevations of the designated floodway conditions; and

               (B)   Conditions with the receiving stream at normal water elevations.

            (3)   If the applicant learns from IDNR/OWR, local governments, or a private owner that a downstream restrictive bridge or culvert is scheduled to be removed, reconstructed, modified, or a regional flood control project is scheduled to be built, removed, constructed or modified within the next five (5) years, the proposed construction shall be analyzed and shown to meet the requirements of this section for both the existing conditions and the expected flood profile conditions when the bridge, culvert or flood control project is built.

         n.   Conditional Letter Of Map Revision:

            (1)   If the appropriate use would result in a change in the designated floodway location or the 100-year frequency flood elevation, the applicant shall submit to IDNR/OWR and FEMA all information, calculations and documents necessary to be issued a conditional designated floodway map revision and receive from IDNR/OWR a conditional concurrence of the designated floodway change before a permit is issued.

            (2)   The final designated floodway map will not be changed by FEMA until as built plans or record drawings of initial filling, grading, dredging, or excavating activities are submitted and accepted by FEMA and IDNR/OWR.

            (3)   In the case of nongovernment projects, the municipality in incorporated areas and the county in unincorporated areas shall concur with the proposed conditional designated floodway map revision before IDNR/OWR approval can be given.

            (4)   No filling, grading, dredging or excavating shall take place until a conditional approval is issued.

            (5)   After initial filling, grading, dredging or excavating, no activities shall take place until a final letter of map revision (LOMR) is issued by FEMA with concurrence from IDNR/OWR.

         o.   Professional Engineer's Supervision: All engineering analyses shall be performed by or under the supervision of a licensed professional engineer.

         p.   Required Criteria For Construction In Floodway: For all activities in the floodway involving construction within twenty five feet (25') of the channel, the following criteria shall be met:

            (1)   A natural vegetation buffer strip shall be preserved within at least twenty five feet (25') of the ordinary high water mark of the channel.

            (2)   Where it is impossible to protect this buffer strip during the construction of an appropriate use, a vegetated buffer strip shall be established upon completion of construction.

         q.   Construction To Proceed With Conditional Approval: After receipt of conditional approval of the designated floodway change and issuance of a permit and a conditional letter of map revision, construction as necessary to change the floodway designation may proceed but no buildings or structures or other construction that is not an appropriate use may be placed in that area until the designated floodway map is changed and a final letter of map revision is received. The designated floodway map will be revised upon acceptance and concurrence by IDNR/OWR and FEMA of the "as built" plans.

      4.   Development Activities In Delegated Communities Requiring State Review: For those projects listed below located in a designated floodway, the following criteria shall be submitted to IDNR/OWR for their review and concurrence and/or permit prior to the issuance of a permit by a community or county delegated state permitting authority in the floodway.

         a.   An engineer's analysis of the flood profile due to a proposed bridge pursuant to subsection B3d of this section.

         b.   An engineer's determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile, pursuant to subsection B3e of this section.

         c.   Alternative transition sections and hydraulically equivalent storage pursuant to subsections B3a, B3b, and B3h of this section.

         d.   The construction of any IDNR/OWR projects, dams (as defined in section 6-5-2 of this chapter) and all other federal, state, or local units of government projects, including projects of the municipality or county.

         e.   An engineer's determination that a proposed bridge affected by backwater from a downstream receiving stream may be built with a smaller opening.

         f.   Projects which revise or establish the floodway and/or flood profiles.

         g.   Projects in public bodies of water.

      5.   Other Permits:

         a.   In addition to the other requirements of this chapter, a development permit for a site located in a floodway shall not be issued unless the applicant first obtains a permit or written documentation that a permit is not required from IDNR/OWR, issued pursuant to 615 Illinois Compiled Statutes 5/5 et seq.

         b.   No correspondence from IDNR/OWR shall be required if the project meets the requirements of regional permit 3.

         c.   No permit from IDNR/OWR shall be required if IDNR/OWR has delegated this responsibility to the city.

      6.   Permits For Dams:

         a.   Any work involving the construction, modification or removal of a "dam" as defined in section 6-5-2 of this chapter per 17 Illinois administrative code part 3702 (rules for construction of dams) shall obtain an IDNR/OWR permit prior to the start of construction of a dam.

         b.   If the city engineer finds a dam that does not have an IDNR/OWR permit, the city engineer shall immediately notify the IDNR/OWR Bartlett office.

         c.   If the city engineer finds a dam which is believed to be in unsafe condition, the city engineer shall immediately notify the owner of the dam, the IDNR/OWR Bartlett office, and the Illinois emergency management agency (IEMA).

      7.   Activities That Do Not Require A Licensed Professional Engineer's Review: The following activities may be permitted without a licensed professional engineer's review. Such activities shall still meet the other requirements of this chapter, including the mitigation requirements.

         a.   Regional permit 3 which authorizes, for example, underground and overhead utilities, storm and sanitary sewer outfalls, sidewalks, patios, athletic fields, playground equipment and stream bank protection activities. (Ord. 2016-13, 4-25-2016)

In SFHAs or floodplains (including AE, AH, AO and unnumbered A zones) where no floodways have been identified and no base flood or 100-year frequency flood elevations have been established by FEMA, and draining more than a square mile, no development shall be permitted unless the cumulative effect of the proposals, when combined with all other existing and anticipated uses and structures, shall not significantly impede or increase the flow and passage of the floodwaters nor significantly increase the base flood or 100-year frequency flood elevation.

   A.   Development Permit:

      1.   No person, firm, corporation, or governmental body, not exempted by state law, shall commence any development in an SFHA or floodplain without first obtaining a development permit from the city engineer.

      2.   Application for a development permit shall be made on a form provided by the city engineer.

         a.   The application shall be accompanied by drawings of the site, drawn to scale showing property line dimensions; and existing grade elevations and all changes in grade resulting from excavation or filling, sealed by a licensed engineer, architect or surveyor; the location and dimensions of all buildings and additions to buildings; and the elevations of the lowest floor (including basement) of all proposed buildings subject to the requirements of section 6-5-9 of this chapter.

         b.   The application for a development permit shall also include the following information:

            (1)   A detailed description of the proposed activity, its purpose, and intended use;

            (2)   Site location (including legal description) of the property, drawn to scale, on the designated floodway maps, indicating whether it is proposed to be in an incorporated or unincorporated area;

            (3)   Anticipated dates of initiation and completion of activity;

            (4)   Plans of the proposed activity shall be provided which include as a minimum:

               (A)   A vicinity map showing the site of the activity, name of the waterway, boundary lines, names of roads in the vicinity of the site, graphic or numerical scale, and north arrow;

               (B)   A plan view of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the structure or work, elevations, using the North American vertical datum of 1988, adjacent property lines and ownership, drainage and flood control easements, distance between proposed activity and navigation channel (when the proposed construction is in or near a commercially navigable body of water), floodplain limit, location and orientation of cross sections, north arrow, and a graphical or numerical scale;

               (C)   Cross section views of the project perpendicular to the flow of floodwater and engineering study reach showing existing and proposed conditions including principal dimensions of the work as shown in plan view, existing and proposed elevations, normal water elevation, 10-year frequency flood elevation, 100-year frequency flood elevation, and graphical or numerical scales (horizontal and vertical); and

               (D)   A soil erosion and sedimentation control plan for disturbed areas. This plan shall include a description of the sequence of grading activities and the temporary sediment and erosion control measures to be implemented to mitigate their effects. This plan shall also include a description of final stabilization and revegetation measures, and the identification of a responsible party to ensure postconstruction maintenance.

         c.   Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the criteria of subsection B of this section.

         d.   Any and all other federal, state, and local permits or approvals that may be required for this type of development.

      3.   Based on the best available existing data according to federal, state or other sources, the city engineer shall compare the elevation of the site to the base flood or 100-year frequency flood elevation.

         a.   Should no elevation information exist for the site, the developer's engineer shall calculate the elevation according to subsection 6-5-5E of this chapter.

         b.   Any development located on land that can be shown to have been higher than the base flood elevation of the current flood insurance rate map identification is not in the SFHA and, therefore, not subject to the requirements of this chapter.

         c.   The city engineer shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first flood insurance rate map identification.

         d.   The city engineer shall be responsible for obtaining from the applicant copies of all other federal, state, and local permits, approvals or waivers that may be required for this type of activity. The city engineer shall not issue the development permit unless all required federal, state, and local permits have been obtained.

   B.   Preventing Increased Damages:

      1.   Floodway Development: No development in the SFHA where a floodway has not been determined shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health, safety and welfare or impair the natural hydrologic and hydraulic functions of the floodway or channel, or impair existing water quality or aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as called for in this chapter.

      2.   Floodway Standards: Within all riverine SFHAs where the floodway has not been determined, the following standards shall apply:

         a.   Engineering Requirements: The developer shall have a licensed professional engineer state in writing and show through supporting plans, calculations, and data that the project meets the engineering requirements of subsections 6-5-7B3a through B3i of this chapter for the entire floodplain as calculated under the provisions of subsection 6-5-5E of this chapter.

            (1)   As an alternative, the developer should have an engineering study performed to determine a floodway and submit that engineering study to IDNR/OWR and FEMA for acceptance as a designated floodway.

            (2)   Upon acceptance of the floodway by IDNR/OWR and FEMA, the developer shall then demonstrate that the project meets the requirements of section 6-5-7 of this chapter for the designated floodway. The floodway shall be defined according to the definition of "designated floodway" in section 6-5-2 of this chapter.

         b.   IDNR/OWR Permit: A development permit shall not be issued unless the applicant first obtains an IDNR/OWR permit or a determination has been made that an IDNR/OWR permit is not required.

         c.   Permits For Dams:

            (1)   Any work involving the construction, modification or removal of a "dam" as defined in section 6-5-2 of this chapter per 17 Illinois administrative code part 3702 (rules for construction of dams) shall obtain an IDNR/OWR permit prior to the start of construction of a dam.

            (2)   If the city engineer finds a dam that does not have an IDNR/OWR permit, the city engineer shall immediately notify the IDNR/OWR Bartlett office.

            (3)   If the city engineer finds a dam which is believed to be in unsafe condition, the city engineer shall immediately notify the owner of the dam, the IDNR/OWR Bartlett office, and the Illinois emergency management agency (IEMA).

      3.   Floodway Activities: The following activities may be permitted without a licensed professional engineer's review or calculation of base flood elevation and designated floodway. Such activities shall still meet the other requirements of this chapter.

         a.   Bridge and culvert crossings of streams in rural areas meeting conditions of IDNR/OWR statewide permit no. 2;

         b.   Barge fleeting facilities meeting conditions of IDNR/OWR statewide permit no. 3;

         c.   Aerial utility crossings meeting conditions of IDNR/OWR statewide permit no. 4;

         d.   Minor boat docks meeting conditions of IDNR/OWR statewide permit no. 5;

         e.   Minor, nonobstructive activities meeting conditions of IDNR/OWR statewide permit no. 6; activities (not involving fill or positive change in grade) are covered by this permit;

         f.   Outfall structures and drainage ditch outlets meeting conditions of IDNR/OWR statewide permit no. 7;

         g.   Underground pipeline and utility crossings meeting the conditions of IDNR/OWR statewide permit no. 8;

         h.   Bank stabilization projects meeting the conditions of IDNR/OWR statewide permit no. 9;

         i.   Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR statewide permit no. 10;

         j.   Minor maintenance dredging activities meeting conditions of IDNR/OWR statewide permit no. 11;

         k.   Bridge and culvert replacement structures and bridge widenings meeting conditions of IDNR/OWR statewide permit no. 12;

         l.   Temporary construction activities meeting conditions of IDNR/OWR statewide permit no. 13;

         m.   Special uses of public waters meeting conditions of IDNR/OWR statewide permit no. 14; and

         n.   Any development determined by IDNR/OWR to be located entirely within a flood fringe area shall be exempt from state floodway permit requirements.

      4.   Flood Carrying Capacity: The flood carrying capacity of any altered or relocated watercourse shall be maintained.

      5.   Compensatory Storage:

         a.   Whenever any portion of a floodplain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood or 100-year frequency flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood or 100-year frequency flood elevation.

         b.   The excavation volume shall be at least equal to 1.5 times the volume of storage lost due to the fill or structure.

         c.   In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied.

         d.   All floodplain storage lost below the existing 10-year flood elevation shall be replaced below the proposed 10-year flood elevation. All floodplain storage lost above the existing 10-year flood elevation shall be replaced above the proposed 10-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse.

         e.   Compensatory storage volume for development in a nonriverine regulatory floodplain area that is also adjacent to a lake shall be equal to the storage volume displaced.

         f.   Compensatory storage volume requirements for development in a nonriverine regulatory floodplain that is not adjacent to a lake shall be replaced in accordance with the requirements for the loss of depressional storage.

         g.   A recorded covenant or easement running with the land is required to maintain the compensatory storage volume in areas modified to provide compensatory storage volume. (Ord. 2016-13, 4-25-2016)

In addition to the requirements found in sections 6-5-6, 6-5-7 and 6-5-8 of this chapter for development in flood fringes, designated floodways, and SFHA or floodplains where no floodways have been identified, the following requirements shall be met:

   A.   Public Health Standards:

      1.   No developments in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation (FPE) unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of subsection C of this section.

      2.   Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage.

      3.   Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

      4.   New and replacement water supply systems, wells, sanitary sewer lines and on site waste disposal systems may be permitted providing all manholes or other aboveground openings located below the FPE are watertight.

      5.   All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages.

   B.   Carrying Capacity And Notification:

      1.   For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained.

      2.   In addition, the city shall notify adjacent communities in writing thirty (30) days prior to the issuance of a permit for the alteration or relocation of the watercourse.

   C.   Protecting Buildings:

      1.   All buildings located within a 100-year floodplain, also known as an SFHA, shall be protected from flood damage below the flood protection elevation. This building protection criteria applies to the following situations:

         a.   Construction or placement of a new building or alteration or addition to an existing building valued at more than one thousand dollars ($1,000.00) or seventy (70) square feet.

         b.   Substantial improvements or structural alterations made to an existing building that increase the floor area by more than twenty percent (20%) or equal or exceed the market value by fifty percent (50%). Alteration shall be figured cumulatively subsequent to the adoption of this chapter during a ten (10) year period. If substantially improved, the existing structure and the addition must meet the flood protection standards of this section.

         c.   Repairs made to a substantially damaged building. These repairs shall be figured cumulatively subsequent to the adoption of this chapter during a ten (10) year period. If substantially damaged, the entire structure must meet the flood protection standards of this section.

         d.   Installing a manufactured home on a new site or a new manufactured home on an existing site (the building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage).

         e.   Installing a travel trailer or recreational vehicle on a site for more than one hundred eighty (180) days per year; and

         f.   "Repetitive loss" to an existing building as defined in section 6-5-2 of this chapter. This building protection requirement may be met by one of the following methods.

      2.   A residential or nonresidential building, when allowed, may be constructed on permanent land fill in accordance with the following:

         a.   Lowest Floor: The lowest floor (including basement) shall be at or above the flood protection elevation; and

         b.   Fill Requirements:

            (1)   The fill shall be placed in layers no greater than six inches (6") deep before compaction and should extend at least ten feet (10') beyond the foundation of the building before sloping below the flood protection elevation; and

            (2)   The top of the fill shall be above the flood protection elevation. However, the ten foot (10') minimum may be waived if a structural engineer certifies an alternative method to protect the building from damages due to hydrostatic pressures; and