(A)   Blocks shall be sufficiently wide to accommodate two tiers of lots having the minimum depth required by the zoning district regulations; however, this requirement may be waived in blocks adjacent to local collector or collector streets, railroads or water courses.

   (B)   No block shall be longer than 1,400 feet nor shorter than 500 feet. Wherever practicable, blocks along collector streets shall be not less than 1,000 feet in length.

   (C)   Public access crosswalks not less than ten feet wide shall be built through the center of blocks more than 1,000 feet long where necessary to provide adequate access to schools, playgrounds, shopping centers or other community facilities. Public access to be shown on all plats and maintenance to be done by the property owner and/or development lot owners through the subdivisions covenants and restrictions.

   (A)   Generally.

      (1)   Sidewalks on both sides of the street shall be required near schools, within shopping areas, along roads of all business and industrial zone districts and in other public or semi-public places with pedestrian traffic and as otherwise determined by the Village Board.

      (2)   Sidewalks on both sides of the street shall be required in all residential zone districts (ME, MR, R-1, R-2, R-3 and CE).

      (3)   No variance from the above requirements shall be granted unless the Village Board determines that, in the area in question, sidewalks are not needed to ensure public safety.

   (B)   Sidewalk construction standards.

      (1)   The street-side edge of every sidewalk shall be located at least four feet from the curb to allow sufficient space for tree planting.

      (2)   Residential sidewalks shall be at least five feet wide.

      (3)   All sidewalks shall be constructed of concrete at least four inches thick and shall have contraction joints with joint tool at five-foot centers and expansion joints with one-inch pre-molded joint filler where abutting back of curb/gutter.

      (4)   No sidewalk shall be constructed at a grade steeper than 10% unless steps approved by the Village Board are provided.

      (5)   Curbs shall be cut and sidewalks shall be ramped at all intersections so as to enhance the mobility of disabled individuals.

      (6)   All sidewalks shall be provided with #6 reinforcing mesh across the entire breadth and width at driveways.

      (7)   See village ordinance for construction on r.o.w. for further information on sidewalks.

   (C)   Pedestrian/bikeways.

      (1)   All developments shall provide pedestrian/bikeways within the development and the interconnection of same throughout the village. Developers shall extend any pedestrian/bikeway currently existing or shown on the Village Transportation Plan or on adjacent right-of-way depending upon location of existing pedestrian/bikeway.

      (2)   All bikeways shall be constructed based upon recognized engineering standards.

   (A)   (1)   The names of new streets shall be as approved by the 911 shall be sufficiently different in sound and spelling from the names of existing streets in village to avoid confusion.

      (2)   A street which is planned as a continuation of an existing street shall bear the same name as the existing street.

   (B)   (1)   Street name signs shall meet standards as shown herein and shall be erected by the developer at all intersections within or abutting the subdivision.

      (2)   All street name signs shall be mounted on two-inch diameter galvanized pipe set in concrete to a depth of at least three feet and extending above the surface to a height of at least seven feet.

   (A)   Easements not less than ten feet wide shall be provided on each side of all rear lot lines and alongside side lot lines where necessary for storm and sanitary sewers; gas, water and other mains; and for underground electric power and telephone lines and as required for future extensions of any of the above. Easements of greater width may be required along or across lots when necessary for the extension of main sewers or other utilities or where both water and sewer lines are located in the same easement. The Village Board of Trustees shall make the final determination as to location and size of easements.

   (B)   Adequate drainange easements for storm water drainage, storage and conveyance shall be established along any natural drainage channel and in such other locations as may be necessary to provide satisfactory flow of storm water from streets and all other portions of the development including the passage of the 100-year storm event without an increase in water elevation. The location and minimum widths of the drainage easements shall be approved by the village staff.

   (C)   No person shall deny access to the easements to authorized officials upon display of proper identification.

   (D)   (1)   No person shall erect any structure, fence, retaining wall, install earth fill or plant any tree or shrub in any easement or within any street right-of-way without a permit from the village. No person shall place any object in a right-of-way (i.e., basketball hoop, soccer net) in any easement or within any street right-of-way.

      (2)   Should the village issue a permit, the property owner will be responsible for and maintain all items on the easement except for electric, gas, phone, cable, water and sanitary sewer gravity or force mains.

      (3)   Should it become necessary in the opinion of the village or utility company that items, exclusive of those listed above as not being the responsibility of the property owner, on easements need to be demolished, removed or reconstructed, it will be at the property owner's expense.

      (4)   This cost to include any expenses incurred by the village as a result of this division (D).

   All utility lines, including gas, electric power, telephone, water, sewer and CATV lines, shall be located underground throughout the subdivision. Any extension of the above to the subdivision shall also be underground. Underground service connections to the property line of each platted lot shall be installed at the developer's expense; provided that, the Village Board may waive the requirement for service connections to each lot in the case of adjoining lots to be retained in single ownership.

   (A)   Generally. An adequate supply of potable water shall be provided to every platted lot in accordance with state's Department of Public Health and state's Environmental Protection Agency regulations. If the public water system is reasonably accessible, each lot shall be properly connected thereto at the property line. If the public water system is not available, individual wells may be used or a private central water system may be developed, provided the Village Board and St. Clair County Health Department approve the facilities.

   (B)   Water facilities design and conditions.

      (1)   The utility company providing the service shall design, or have designed, the proposed water system in accordance with all regulatory requirements and recommended standards for the area, including village ordinances.

      (2)   A cost estimate will be furnished to the village staff to ensure proper inclusion in any assurance of completion.

      (3)   If the utility company is installing the water system at its own expense, the developer shall furnish the village with a verification letter from the utility.

      (4)   Upon completion, the developer shall furnish the village with a letter from the water utility company stating that all water system improvements have been completed.

      (5)   No fittings shall be permitted under paved surfaces. This to include, but not be limited to caps, unions, elbows, Ts, valves and/or pressure reducers.

   Fire hydrants of the type approved by the fire protection district of jurisdiction shall be installed in every subdivision as part of the water distribution system. The distance from any residential lot to a hydrant, measured along the centerline of the public right-of-way, shall not be greater than 500 feet. In all other zone districts, hydrant spacing shall not exceed 300 feet. Developer to provide sign off from the fire district approving the location of all fire hydrants.

   (A)   Generally. All proposed sanitary sewer facilities shall comply with the regulations of the state's Department of Public Health and the state's Environmental Protection Agency and must be approved by the village. All sanitary systems to be extended at developer's expense to property line to allow continuation of the system on adjoining property.

   (B)   When public system available. Whenever the public sanitary sewerage system is reasonably accessible, the system shall be extended throughout the subdivision, and each lot shall be provided with a connection thereto. See Chapter 50 of this Code for further information.

   (C)   When public system planned. In areas where the public sanitary sewerage system is not reasonably accessible, but where plans for the installation of the system have been approved by the state's Environmental Protection Agency, sanitary sewers shall be provided in accordance with the plans and temporarily capped. To serve the subdivision until the time when connection to the public system becomes practicable, an approved private central sewage disposal system shall be installed or, individual sewage disposal systems may be used. These private sanitary sewage disposal systems shall be as approved by the St. Clair County Health Department.

   (D)   Alternate methods of disposal. In the event it is not possible for the developer to extend the public sewer system into the proposed subdivision, for whatever reason, the subdivider has the right to petition the village to install an alternative method of sewage disposal. Any such petition shall be considered on an individual basis with each case standing on its own merit. No development shall be accepted without the village's approval of the method of sewage disposal; and no petition will be considered without written approval of the proposed system by the St. Clair County Health Department.

      (1)   Private central sewage systems. Upon specific approval of the Village Board of Trustees, the subdivider may install a private central sewage system. The village shall reserve the right to review and approve/reject the detailed plans for such a system. Approval of the plans by the village shall in no way be construed as acceptance of the design or operation or maintenance responsibility for said installation. Such installation shall be designed and constructed in accordance with the rules and regulations of the St. Clair County On-Site Sewage Disposal Ordinance, the state's Environmental Protection Agency and the state's Department of Public Health. The developer shall assume perpetual operational and maintenance responsibilities for the installation unless arrangements to the contrary are provided for in a formal written agreement between home owners and the subdivider. Failure of the subdivider to discharge his or her operational/maintenance responsibilities may result in a fine of $500 per day for each day a deficiency exists and shall apply to the subdivider, his or her heirs, successors or assigns. This in addition to any fines assessed by any other governmental agency.

      (2)   Individual disposal systems. Upon written approval of the Village Board of Trustees, the subdivider may install individual sewage disposal systems. If such installations are permitted, they shall be designed and installed in accordance with the applicable provisions of the requirements and regulations of St. Clair County On-Site Sewage Disposal Ordinance and/or the "Private Sewage Disposal Licensing Act and Code" of the Illinois Department of Public Health (St. Clair County Health Department).

   (A)   Generally. Every residential subdivision shall be provided with roadway drainage facilities which can satisfactorily accommodate the storm water surface runoff incident to the 25-year design storm. The roadway drainage facilities in any commercial, institutional or industrial development shall be designed to handle storm water runoff from the 50-year storm. These minimal design requirements shall not be construed to relieve the developer of any legal responsibilities for downstream/upstream storm water damages inflicted or backup from the development.

   (B)   General design consideration. The plans and specifications shall include provisions to show compliance with the drainage laws of the state and any subdivision thereof in effect at that time. By requiring that the developer evidence compliance with drainage law(s), the village assumes no responsibility to landowners or others for damage caused by noncompliance with such law(s).

      (1)   Storm sewers. Properly-sized storm sewers shall be provided to carry surface runoff from paved access. The storm sewers shall be of sufficient length that they shall transport the runoff to rear lot lines or existing natural drainageways or swales providing their location does not encroach upon the building site.

      (2)   Drainage swales. Natural drainage swales may be utilized to accommodate surface runoff providing they are located near lot line and the flows induced therein do not pose health or safety hazards for residents.

      (3)   Accommodation of upstream drainage areas. Drainage facilities shall be adequate to accommodate potential runoff from the entire drainage area upstream of the proposed subdivision without an increase of water elevation or velocity in the 100-year storm event. Potential runoff shall be determined on the basis of maximum land use upstream of the proposed subdivision. Potential runoff shall be determined on the basis of maximum land use upstream area that is consistent with current zoning or adjacent land use trends.

      (4)   Sufficient design. All storm sewers, culverts, other drainage structures and/or drainage swales which are proposed in drainageways shall be of sufficient design to pass the 100-year storm event without an increase in either headwater elevation or velocity.

      (5)   Drainage retention. In order to protect downstream property from potential damages by increased flows or greater velocities, it will be necessary for the developer to provide for drainage detention facilities which should be designed for the excess runoff due to the proposed development for both the ten-year and 100-year storm event.

   (C)   Technical requirement. Storm drainage facilities shall be designed and constructed in accordance with the criteria set forth herein and the standards contained in Appendix B.

         (a)   The minimum diameter for pipe culverts shall be 15 inches and the minimum diameter for storm sewers shall be 12 inches.

         (c)   Pipes/storm sewers shall be located at least ten feet horizontally and/or 18 inches below any proposed water mains or water service lines. If a pipe/storm sewer must be located within ten feet horizontally and/or within 18 inches below or above water mains or water service lines, the storm sewer shall be constructed to meet water main standards utilizing the following pipe materials:

   Jointing shall be pressure slip jointed, solvent welded, heat welded, flanged, or threaded joint. Special precautions shall be taken to insure clean, dry contact surfaces when making solvent or heat welded joints. Adequate setting time shall be allowed for maximum strength. Elastomeric seals (gaskets) used for push-on joints shall comply with ASTM Standard F477. Solvent cement shall be specific for the piping material and shall comply with the ASTM Standard D2564 (PVC) and F493 (CPVC) and be approved by NSF.

         (d)   Pipes/storm sewers located outside paved surfaces and under nominal fill loadings shall be of any of the following materials:

            1.   Plastic pipe meeting the requirements of ASTM D-2241, ASTM D-3034, ASTM F-679 and\or AWWA C-900;

            2.   a.    Corrugated aluminum pipe meeting the requirements of AASHTO M-196, minimum plate thickness of 14 ga. for D = 15" to 27": 12 ga. for D 30" and up;

               b.   For every inlet or catch basin within a proposed project the developer shall install either a placard per village standard or an integral casting indicating “NO DUMPING - FLOWS TO WATERWAYS”;

            3.   Reinforced concrete pipe with sufficient wall thickness and reinforcement to carry the intended loading and meeting the requirements of ASTM C-76; and

Inlets/catch basins shall be constructed in accordance with the standards in Appendix B. All open-throat inlets shall not have a throat opening greater than six inches with a permitted variance of one-half inch. Streets where the slope exceeds 5% shall utilize vaned inlets within the curb and gutter to prevent by-pass of storm water flows.

            1.   Minimum velocity of storm sewers should be three feet per second to provide a cleansing velocity.

            2.   Maximum grade: None; Rip-rap and/or energy dissipators shall be utilized as needed at discharge points to minimize erosion.

            1.   Drainage swales to be paved shall be those with a flow of four cfs or greater in the ten-year storm event except as noted herein.

               b.    However, design engineer to evaluate the requirements for lining or paving at any changes in flow direction, at the confluence of two or more swales, ditches or pipes and swales or ditches or areas subject to turbulence, wave action or centrifugal forces. Owner is advised that if the use changes or property is subsequently divided the requirements hereof shall prevail and owner shall pay for all costs to comply with the Code.

            2.   For drainageways/swales not requiring paving hereunder, the following shall apply:

               a.    Minimum grade: 1%; and

            3.   Twelve percent with paving, rip-rap and/or energy dissipaters or paving and the like.

            4. Manholes conforming to the requirements set forth in Appendix B shall be installed at all changes in vertical grade or horizontal alignment of storm sewers if at locations other than inlets/catch basins.

(Am. Ord. 2020-03-02A, passed 3-2-2020)

   Any person, firm, corporation or other entity proposing to construct buildings or develop land within the jurisdiction of the village shall prepare, for approval by the village staff, a Storm Water Management Plan that describes the manner in which erosion, sediment and runoff resulting from the development will be controlled and managed. No building or construction permits or plat approval shall be issued by the village until the Storm Water Management Plan has been approved by the village staff as meeting the requirements of this Code. Downstream property owners, watercourses, channels or conduits shall not receive storm water runoff from proposed upstream developments at a higher peak flow rate than would have resulted from the same storm event occurring over the site of the proposed development with the land in its natural, undeveloped conditions, nor shall storm water runoff exceed the capacity of the natural drainage system.

   (A)   Storm water runoff resulting from a proposed development shall be detained on-site:

      (1)   By wet or dry bottom reservoirs;

      (2)   By underground reservoirs;

      (3)   On flat roofs, parking lots or streets; or

      (4)   By other detention methods approved by the village staff.

   (B)   For purposes of designing adequate on-site detention facilities, the state's water survey rainfall data for this region shall be used.

   (C)   (1)   Detention basins. Basins may be constructed to temporarily detain the storm water runoff so that the rate at which it is released is the same rate as before development. The following features shall be incorporated into the design of any detention basin.

         (a)   Storage volume. The volume of storage provided shall be sufficient to store flows both during and immediately after the maximum storm event which can be expected to occur once every ten and 100 years. After the appropriate volume has been determined a one-foot "freeboard" shall be added to the storage elevation to determine the final height of the detaining fill or structure.

         (b)   Outlet control works.

            1.   Outlet works shall be designated to limit peak outflow rates from detention storage areas to or below peak flow rates that would have occurred prior to the proposed development.

            2.   Outlet works shall not include any mechanical components or devices and shall function without requiring attendance or control during operation.

         (c)   Spillway. Emergency spillways shall be provided to permit the safe passage of runoff generated from a 100-year storm.

         (d)   Maximum depth. The maximum planned depth of storm waters stored shall not normally exceed four feet without properly designed safety features. (See division (D) below.)

         (e)   Side slopes. The maximum side slopes for grassed basins shall not exceed one foot vertical for three feet horizontal (3:1 slope) for basins less than or equal to four feet deep: for basins greater than four feet deep, the maximum side slope shall not exceed four to one (4:1).

         (f)   Limits of ponding. In no case shall the limits of maximum ponding be closer than 30 feet horizontally from any building and less than two feet vertically below the lowest sill elevation.

         (g)   Interior drainage. The basin bottom should be designed to drain expeditiously. If the bottom is to be grass, it should have a minimum slope of 1%.

         (h)   Low flow channel. Small flows through the detention basin should be handled by paved ditches from inflow structures to outflow structure to minimize erosion. Paved ditches to be constructed per I.D.O.T. Standards.

         (i)   Multi-purpose basins. If the detention basin is to have other uses, the design of the basin bottom should include under-drains to expedite drying of the bottom between runoff events.

         (j)   Aesthetics. Designs should result in aesthetically pleasing configurations which will enhance public acceptability.

         (k)   Basin edge. The basin edge must be located a minimum of ten feet, plus one and one-half times the basin depth from public rights-of-way.

      (2)   Detention ponds and lakes. Detention ponds and lakes may also be used to temporarily detain the differential runoff from the development. In addition to the general design features, the following should also be incorporated into the design of any detention ponds or lakes.

         (a)   Normal pool depth. In order to minimize weed growth, the normal pool depth should be four feet minimum.

         (b)   Depth for fish. If fish are to be kept in the pond, at least one-quarter of the area of the permanent pool should have a minimum depth of ten feet.

         (c)   Facilities for emptying. In order to ease cleaning of the pond or shoreline maintenance, the pond design should include provisions for emptying the pond.

         (d)   Low flow bypass. The design of any pond may include a low flow bypass channel or pipeline to divert runoff that can be accommodated by downstream drainageways.

         (e)   Bank stabilization. In order to minimize the effects of waves or ice, some type of bank stabilization such as rip-rap or concrete should be placed along the normal pool shoreline.

         (f)   Side slopes below normal pool. The side slopes below the normal pool elevation may exceed the maximum side slope permitted above normal pool. The design shall, however, include provisions for a safety ledge having a depth of water not greater than three feet immediately adjacent to the shoreline.

         (g)   For lakes. In addition to the requirements hereof, the final height of the dam and drainage easement calculations shall take into account the wave run up due to wind.

      (3)   Rooftop storage. Detention storage may be met in total or in part by detention on roofs. Details of the design, which shall be included in the building permit application, shall include the depth and volume of storage, details of outlet devices and down-drains, elevations of overflow scuppers, design loadings for the roof structure and emergency overflow provisions. Direct connection of roof drains to sanitary sewers is prohibited.

      (4)   Parking lot storage. Paved parking lots may be designed to provide temporary detention storage of storm water on all or a portion of their surfaces. Outlets will be designed so as to slowly empty the stored waters and depth of storage must be limited so as to prevent damage to parked vehicles. Depth of stored water shall not exceed six inches.

      (5)   Other detention methods. All or a portion of the detention storage may also be provided in underground or surface detention facilities, to include basins, tanks or swales and the like.

   (D)   Safety features. Design of detention facilities shall incorporate safety features, particularly at outlets, on steep slopes and at any attractive nuisances to include, as necessary, fencing, handrails, lighting, steps, grills, signs and other protective or warning devices so as to restrict access during critical periods and to afford some measure of safety to both authorized and unauthorized persons. (Design engineer to certify adequate safety features are included on the plans.)

      (1)   In addition to any other provisions herein, any structure built downstream of a dam shall have a lowest sill elevation of one foot above the maximum wave height associated with a dam breach at the structure location as per the state's Department of Natural Resources (IDNR) Division of Water Resources dam safety permit requirement.

      (2)   Any dam associated with a detention pond or lake shall be on a single parcel. Split ownership will not be permitted.

      (3)   Any subdivision which contains a dam or is downstream of a dam, the following statement shall be on the final plat:

      "Owner of the parcel containing a dam and those downstream of a dam are hereby cautioned about the risks associated with parcels downstream of a dam and the responsibilities of dam ownership. For further information on the responsibilities and liabilities owners are advised to contact their own attorney, the State Dam Safety Office and the Illinois Department of Natural Resources, Office of Water Resources."

   (E)   Application to development and subdivisions. The provisions of this section shall be applicable to all development and subdivisions.

   (F)   Storm water detention facilities. The storm water detention facilities must be built in conjunction with the storm sewer installation and be fully operational after the clearing of vegetation.

      (1)   Silt and debris connected with early construction shall be removed periodically from the detention area to maintain full storage capacity.

      (2)   The maintenance responsibility of the detention area shall remain with the developer and/or contractor until final inspection and applicable escrows are released.

      (3)   Before plat approval, the developer shall submit his or her plan for future maintenance responsibility of the detention area.

   (G)   Review by village staff. When applicable, the provisions of this section shall be reviewed by the village staff to assure compliance.

   (H)   Storm water detention facilities fully operational. No occupancy permit can be issued in any development phase, unless the storm water detention facilities to which the building area is tributary, are fully operational.

   Grading and clearing necessitated for any development shall be done in such a manner as to assure uniform sub-grade support with adequate bearing capacity to properly support the loading/structures to be superimposed. In order to help achieve this result, the subdivider shall comply with the following requirements.

   (A)   Clearing and grubbing. Prior to grading, the entire area to be affected with improvements (i.e., pavement, water, sewer, drainage, buildings and the like) shall be cleared of all tree stumps, roots, brush and other objectionable materials and of all trees not intended for preservation. All trees, stumps, hedges and deletions material located within the right-of-way or buildable areas shall be removed to a depth of not less than 12 inches.

   (B)   Embankments. Embankments and fills within the development shall be done in a manner compatible with good road construction practices and in accordance with the provisions herein.

      (1)   Fills shall be constructed in lifts not to exceed 12 inches loose and each lift shall be properly compacted to a density not less than the requirements of Article 205.05 of the I.D.O.T. Specifications for Road and Bridge Construction.

      (2)   No wood, trash or other objectionable material shall be placed in fills.

      (3)   Large clods and excessively wet fill material shall be disked and/or aerated as required to achieve the minimum density and result in a stable embankment.

      (4)   Compaction shall be achieved with a roller capable of properly compacting the given type of embankment material. In the case of fine drained soils, a sheep's-foot roller shall be deemed suitable.

      (5)   The village will require the subdivider to furnish, at his or her expense, results of field compaction tests for verification of proper construction. The tests shall be performed and certified by a respectable testing lab or engineering firm.

   (C)   Sub-grades. In areas where embankment is to be placed, the material shall be properly compacted up to sub-grade elevation. In the case of cut sections, the sub-grade shall be cleared of all unsuitable material, including, but not limited to, vegetation, tree stumps and roots, trash, debris, soft spongy soil and the like, for a minimum depth of 18 inches below sub-grade elevation. The upper 12 inches of the entire length of sub-grade (cut or fill) shall be compacted to at least 95% of maximum standard lab density.

   In any development, the following erosion and sedimentation control regulations shall be observed.

   (A)   The development shall conform to the natural limitations presented by topography and soil so as to create the least potential for soil erosion.

   (B)   Large trees (those having a diameter of four inches or more when measured 12 inches above the ground) shall be retained and protected to the maximum extent consistent with development of the site.

   (C)   Land shall be developed in the smallest increments of workable size so that adequate erosion and sediment controls can be provided and coordinated with on-going construction work. When soil is exposed, the exposure shall be for the shortest feasible period of time.

   (D)   Temporary vegetation or, where appropriate, mulching or other nonviable cover shall be used to protect areas exposed during development.

   (E)   Provisions deemed adequate by the village staff shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions both during and after development. Appropriate devices, such as sediment basins, debris basins, desilting basins or silt traps, shall be installed and maintained to remove sediment from surface waters leaving the development.

   (F)   No development shall be occupied until grading has been completed in accordance with the approved improvements plans.

   In accordance with ILCS Ch. 65, Act 5, § 11-12-8, the Planning Commission shall require the developer to reserve land for parks, playgrounds, schools or other public purposes and reservations shall be as follows.

   (A)   Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.

      ACTIVE USE GREEN SPACE. Land in subdivisions used for passive or active parks, playgrounds, trails, paths or similar type uses that are accessible to the subdivision residents.

      BOULEVARD. Any street encompassing in width, as measured from one side's right-of-way to the other's a distance exceeding by 25% or more the minimum width required for the street and its use by the ordinances of the village and which includes a center unpaved area for trees, landscaping grass or other vegetation.

      GREEN SPACE. Land devoted to parks, recreation or open spaces, including by example, but not limited to, subdivision entrances, unpaved areas of boulevard streets, parking islands, trails, paths and interconnections of same with other subdivisions, and specifically not including parts of one or more individual lots improved with, and/or used for another principle purpose such as housing or storm water detention.

      PASSIVE USE GREEN SPACE. Land in subdivisions used for subdivision entrances, unpaved areas of boulevard streets, parking islands, undeveloped woods or grasslands that provide visual green space.

   (B)   Information required. The gross and net acreage area of the proposed subdivision; the acreage of street right-of-way; the acreage of any areas reserved for the common use of the property owners within the subdivision and/or for public use; and the gross acreage reserved for green space, the net acreage for active green space and net acreage for passive green space. The locations, dimensions and areas of all parcels to be reserved or used for green space and its intended use.

   (C)   Provision of green space (general green space requirements).

      (1)   Proposed subdivision shall contain active and passive green space. The green space shall be owned (either in fee simple or by perpetual easement), supervised, managed and maintained by the developer, subdivision property owner's or owner's association. In some cases the Village Board may consider acceptance of active green space as a public park. In no case shall acceptance be for portions of the storm water management system. The green space shall consist of active and passive green space, whether developed for recreational uses or not, but shall not include water retention, water detention or other storm water management system areas; however, ponds, lakes or natural wetlands that are part of the storm water management system shall be considered as green space. Green space must be accessible to all lots via right-of-way or public access easements. Creative uses of green space will be encouraged.

      (2)   The subdivision's covenants and restrictions shall include language to the effect that, if the property owners fail to maintain the green space, the village has the authority to maintain the green space and impose a lien on each lot in the subdivision for its share of the maintenance costs. The developer shall have the duty to maintain the green space until such time as 70% of the lots have been sold or individual property owners control the association. However, the developer shall be responsible for construction details and construction quality until release of the same per the provisions of the Development Code. The developer may petition the village to accept active green space for public park for tracts over three acres.

      (3)   As part of the developer's site plan approval responsibilities, developers shall be responsible for the improvements to the development for active and passive green space purposes including, but not limited to, finished grading and ground cover for all green spaces within their development.

      (4)   In a phased subdivision, the developer must provide the required green space for the subdivision in proportional amounts for each phase of the development. The amount of green space exceeding the requirements in a completed phase may be applied toward any future phase of the subdivision.

      (5)   Locations of green space shall generally conform to the village's Comprehensive Plan and all regional plans.

      (6)   Any park space accepted by the village as public shall have the following:

         (a)   Minimum public street frontage of 50 feet;

         (b)   Sanitary sewer on site;

         (c)   Municipal water on site; and

         (d)   Electric, gas, telephone on site.

   (D)   Minimum green space requirements.

      (1)   Single-family residence districts (CE, R-1, R-2 and R-3): 4% of the total area should be passive green space.

      (2)   Multi-family and mobile home districts (MR, MH): 8% of the total area should be passive green space.

      (3)   All other districts: 8% of the total area of the subdivision which shall consist of passive green or active green space all of which shall be provided within the subdivision.

   (E)   Compliance with green space requirements. In providing the required areas of green space within the subdivision the required amount of passive green space must be provided within the boundaries of the proposed subdivision. The required amount of active green space may be provided in the following ways:

      (1)   Construction of the active green space within the development;

      (2)   A cash contribution in lieu of constructing active Green Space may be made by the developer to the "Village of Shiloh Park Improvement Fund";

      (3)   A combination of divisions (E)(1) and (2) above as approved by the Village Board; or

      (4)   If at least 30% of the required active green space in a district is provided in the subdivision, the payment of the sum of per lot fee shall still be paid. If at least 60% of the required active green space is provided in the subdivision, the sum of 40% of the aforementioned lot fee shall be paid. Amounts due shall be paid at the time of approval of the final plat of the subdivision.

   (F)   Protection of green space. Green space shall be protected from development through platting, deed restrictions or restrictive covenants which will ensure its perpetual use as a green space as defined in this section and which further provides that no changes in use may be made without the express written consent of the village.

   (A)   Purpose.

      (1)   Wetlands of the village are indispensable and fragile resources.

      (2)   In their natural state, wetlands reduce pollution and nutrients from a broad range of sources, store and convey flood waters, reduce erosion, provide wildlife nesting and feeding areas, provide habitat for plants, provide outdoor recreation opportunities, provide buffers, reduce the effects of adjacent light and noise sources and provide education and scientific study opportunities.

      (3)   Wetlands play a critical role in water resource protection and watershed management.

      (4)   The village, therefore, wants to ensure that no further loss of wetland functions and acreage occur within the village and that any activities in wetlands will not increase hazards.

      (5)   The village also wants to ensure integration of wetland protection into its local comprehensive land use plan and development, ecosystem management and storm water management plan.

   (B)   Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.

      HABITAT LINKAGE. Corridors to help plants and animals migrate. These linkages include streams, riparian corridors or any conservation corridor that provides a physical habitat link.

      WETLANDS. Those areas that are permanently or seasonally inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. WETLANDS generally include swamps, marshes, bogs, fens and similar areas. These areas are commonly shown on the National Wetland's Inventory Map.

   (C)   Permits.

      (1)   Unless exempted under division (G) herein, no person may conduct or cause to be conducted a regulated activity within or affecting a wetland without a permit from the village. Any person proposing to conduct or cause to be conducted a village regulated activity shall file an application for a permit with the village. Ten copies of the application shall be submitted. The applicant shall provide within ten days of filing a permit application a written notice of the permit application to the owners of each tract of property adjacent to the property containing the wetland that is the subject of the permit. The applicant shall also post a notice of the proposed permit, within ten days of the filing of the application, in a local newspaper of general circulation.

      (2)   A permit applicant shall include the following information in the application:

         (a)   A map of the area that will be affected by the activity, including wetland and water boundaries for the area affected and the existing uses and structures;

         (b)   A description of the proposed activity, including its purpose, the location and dimensions of any structures, grading or fills, drainage, roads, sewers and water supply, parking lots, storm water facilities, discharge of pollutants and onsite waste disposal;

         (c)   A description of any public benefit to be derived from the proposed project;

         (d)   A description of the entire parcel owned by the applicant, including a topographical survey of the property and a sketch map indicating the location of the wetland on the parcel;

         (e)   A description of any natural hazards at the site, including flood, erosion and soil bearing capacity hazards, and an indication of how the applicant will avoid increasing hazards on other lands and avoid hazard losses associated with the proposed activity;

         (f)   An explanation of other alternatives the applicant has considered, why the proposed activity cannot be located at other sites, and why other alternatives cannot be used to fulfill the desired purpose of the proposed activity;

         (g)   The names and addresses of adjacent landowners as determined by the current tax assessment roles and a description of adjacent uses and their distance from the proposed activity; and

         (h)   Proposed measures to reduce the impact of the proposed activity on wetland and habitat linkage functions and values and to compensate for impacts.

      (3)   The village may require additional information where that information is needed to determine the compliance of the proposed activity with the criteria for issuance of a permit. Where informational deficiencies are apparent in the application, the village shall advise the applicant of the need for additional information within 30 days of the receipt of the application.

      (4)   As part of the permit application process, the applicant shall notify, within ten days, by certified mail other state, federal and local government entities that may have jurisdiction over the proposed activity, as well as any other persons or entities that have requested to receive notification of wetland permit applications from the village. All people and entities so notified shall have 30 days from the date of the applicant's notification to provide comments to the village.

      (5)   The village shall also hold a public hearing concerning the permit application if the proposed activity may have significant impact upon wetland resources.

      (6)   The village shall issue, conditionally issue, or deny a permit within 120 days of receipt of a permit application unless the permit applicant has failed to supply needed information or additional information gathering is needed to determine the compliance of the permit with regulatory criteria.

      (7)   In granting a permit, the village may impose conditions that must be carried out to meet the goals of this Code and the permit criteria. The village may suspend or revoke a permit if it finds that the applicant has not complied with the conditions or limitations set forth in the permit. The village may require a bond in an amount and with surety and conditions sufficient to secure compliance with the conditions and limitations set forth in the permit.

      (8)   (a)   A permit applicant shall submit a fee to the village when submitting an application to the village for a regulated activity. The village shall deny any permit application that does not include the appropriate fee.

         (b)   The amount of the fee shall be $1,000 for each acre pro rata that will be affected by a regulated activity. However, no fee shall be due from any entity listed in ILCS Ch. 415, Act 5, § 12.2(e) of the Environmental Protection Act, as currently enacted or later amended.

         (c)   All fees collected by the village under this section shall be deposited into the Village Wetlands Protection and Maintenance Fund.

   (D)   Criteria for issuance of permits.

      (1)   The village shall issue a permit when it finds that the proposed activity is in the public interest.

      (2)   In determining whether a proposed activity is in the public interest, the village shall consider the goals of this Code and any more specific criteria for permit issuance adopted by the village. The village shall also consider the impact on habitat linkage. To find that a proposed activity is in the public interest, the village must find that:

         (a)   There will be no net loss of wetland function within the village. At a minimum, this shall require findings that there will be no net loss within the village of:

            1.   Wetland habitat for breeding, nesting, foraging, resting or protection of any species, including those species on the federal or state list of threatened, endangered or rare species;

            2.   Storm water and floodwater retention capacity;

            3.   Groundwater recharge capacity;

            4.   Ability to improve water quality through sedimentation, filtration, biological treatment or other functions;

            5.   Recreational opportunities such as hunting or fishing, hiking and the like; and

            6.   Habitat linkage system.

         (b)   There will be no net loss of wetland acreage;

         (c)   The proposed activity will not cause flooding, erosion or other hazards that will threaten other landowners or the public;

         (d)   An adequate upland buffer will be provided to protect remaining wetland acres from sediment, pollutants and other threats. This buffer must be at least 50 feet, except as otherwise provided in the criteria adopted by the village. The buffer width for a development site may be varied to a minimum of one-half of the required buffer width provided that the total required buffer area is achieved;

         (e)   The state has certified that the proposed activity will not cause or contribute to a violation of any state water quality standards;

         (f)   The proposed activity will not otherwise threaten health and safety, cause nuisances, impair public rights to the enjoyment and use of public waters, or threaten a rare or endangered plant or animal or a unique ecosystem;

         (g)   There is no reduction in the buffering of adjacent light and noise sources; and

         (h)   Any adverse impacts will be minimized. In evaluating the impact of the proposed permit, the village shall consider the cumulative effect of existing and reasonably anticipated future activities upon wetland resources. The village shall consider any irreversible and irretrievable commitment of resources that will result from the proposed activity, and the relationship between short-term uses of the environment and the maintenance and enhancement of long-term productivity. The village shall also consider any proposed impact reduction and compensation measures only after determining that there are no practicable alternatives to the proposed activity and that the measures are consistent with this Code.

   (E)   General permits.

      (1)   In carrying out its functions relating to regulated activities, the village may, after notice and opportunity for public hearing, issue a general permit on a category of regulated activity if the village determines that the activities in that category are similar in nature, will cause only minimal adverse environmental effects when performed separately, and will have only minimal cumulative adverse effect on the environment. Best management practices shall be prescribed for activities regulated by a general permit. Any general permit issued under this division shall:

         (a)   Be based on the guidelines set forth in this Code; and

         (b)   Set forth the requirements and standards that will apply to the activity authorized by the general permit.

      (2)   No general permit issued under this subsection shall be valid for a period of more than two years after the date of its issuance.

      (3)   A general permit may be revoked or modified by the village if, after opportunity for public hearing, the village determines that the activities authorized by the general permit have an adverse impact on the environment or the activities are more appropriately authorized by individual permits.

   (F)   Creation, restoration and compensation; mitigation banks.

      (1)   The village shall encourage private landowners, other agencies, land trusts and others to restore wetlands in order to achieve the long-term goal of a net gain in wetland resources and habitat linkages. The village shall identify possible restoration sites in cooperation with other organizations if available.

      (2)   When a permit applicant proposes wetland restoration, creation or enhancement to compensate for damage to a wetland, the village shall consider the risk of failure of the impact reduction and compensation measures and may require that permit applicant to implement measures prior to undertaking the proposed activity.

      (3)   The village may not accept as an impact reduction or compensation measure any measure that creates or restores, on a pro rata basis, less than one acre of wetland for every one acre of wetland disturbed by a regulated activity within the village. In deciding whether the compensation ratio proposed by the project applicant is sufficient to provide no net loss of wetland functions and acreage, the village shall consider.

         (a)   The sensitivity of the wetland type;

         (b)   The success of other efforts to restore this wetland type;

         (c)   The length of time it will take before a compensation wetland will become fully functioning;

         (d)   The degree of difficulty that will be encountered in creating or restoring wetland hydrology in this setting;

         (e)   The adequacy of the overall project design;

         (f)   The threats, if any, posed to the compensation wetland by pollution or other activities;

         (g)   The adequacy of proposed protection and management measures for the proposed compensation wetlands;

         (h)   The extent to which monitoring and mid-course correction capabilities are proposed;

         (i)   The extent to which bonds or other assurances are provided to insure long-term success;

         (j)   The reduction of habitat linkage; and

         (k)   Any other factors the village determines to be relevant.

      (4)   The village may use the compensation ratios established under the Illinois Interagency Wetland Policy Act of 1989, being ILCS Ch. 20, Act 830, and its implementing regulations and guidelines to establish minimum compensation ratios under this Code. However, all compensating shall be within the village limits and shall not result in a loss of habitat linkages. Compensation activities can not be performed outside the immediate sub-watershed where the regulated activity will occur. Compensatory activities shall occur within the village, in the same general area and habitat linkage as that of the wetland to be affected by the permitted activity.

      (5)   The village may also authorize permit applicants, in appropriate circumstances, to compensate for loss of wetland functions by utilizing wetland mitigation banks. The village may authorize a permit applicant to use a bank if there is no practicable onsite alternatives and using the bank will provide a net benefit in wetland functions and acreage within the village. The village may permit some combination of onsite impact reduction, compensation measures and offsite mitigation banks.

   (G)   Exemptions.

      (1)   Except as provided in division (G)(2) below, the following activities are not prohibited by or otherwise subject to regulation under this Act:

         (a)   Normal farming, silviculture or ranching activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber and forest products and upland soil and water conservation, practices;

         (b)   Maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, bridge abutments or approaches and transportation structures;

         (c)   Construction or maintenance of farm or stock ponds or irrigation ditches, or the maintenance, but not construction of drainage ditches;

         (d)   Construction of temporary sedimentation basins on a construction site that does not include any regulated activities within or affecting a wetland; and

         (e)   Construction or maintenance of farm roads, forest roads or temporary roads for moving mining equipment, where the roads are constructed and maintained in accordance with best management practices to assure that flow and circulation patterns and chemical and biological characteristics of wetlands are not impaired, that the reach of wetlands is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized.

      (2)   Any regulated activity having as its purpose bringing a wetland into a use to which it was not previously subjected, where the flow or circulation of waters may be impaired, or where the reach of the wetlands shall be reached, shall be required to have a permit.

   (H)   Administrative appeals. Any permit applicant who has been denied a permit in whole or in part, and any person who participated in the permit proceeding and who is aggrieved by a decision of the village to grant a permit in whole or in part, may appeal the decision to the Village Board within 30 days of the permit grant or denial.

   (I)   Penalties: enforcement.

      (1)   A person who directly or through any employee or agent knowingly violates this Code or any rule established under this Code is guilty of a Class A misdemeanor. Each violation of this Code shall be a separate offense, and in the case of continuing violation, each day's continuance shall be deemed to be a separate and distinct offense.

      (2)   A person who violates this Code or the rules promulgated under this Code or causes a violation by his or her employee or agent shall be liable for a civil penalty not to exceed $50,000 for the original violation and an additional civil penalty not to exceed $10,000 for each day during which any loss of wetland functions caused by the violation continues. The penalty shall be recovered in an action brought by village staff. In determining the appropriate civil penalty to be imposed the court may consider any matters of record concerning mitigating or aggravating factors for determining the penalty, including, but not limited to, the following:

         (a)   The duration and gravity of the violation;

         (b)   The presence or absence of due diligence on the part of the violator in attempting to comply with the requirements of this Code and the rules promulgated under this Code or to secure relief as provided by this Code;

         (c)   Any economic benefits received by the violator from the violation of this Code;

         (d)   The amount of monetary penalty that will serve to deter further violations by the violator and to otherwise aid in enhancing voluntary compliance with this Code by the violator and other persons similarly subject to this Code; and

         (e)   The number, proximity in time, and gravity of previously adjudicated violations of this Act by the violator.

      (3)   The village may terminate a permit if the holder violates any conditions of the permit, obtains a permit by misrepresentation or fails to disclose relevant facts.

      (4)   The village, may, institute a civil action in circuit court for an injunction or other appropriate legal action to restrain a violation of this Code or of any rule adopted under this Code. In the proceeding, the court shall determine whether a violation has been committed or is likely to occur, and shall enter any order it considers necessary to remove the effects of the violation and to prevent the violation from occurring, continuing or being renewed in the future. An order may include a requirement that the violator restore the affected wetland area, including a provision that, if the violator does not comply by restoring the wetland or habitat linkage within a reasonable time, the village may restore the wetland or habitat linkage to its condition prior to the violation and the violator shall be liable to the village for the cost of restoration.

      (5)   Any penalty assessed pursuant to this Code, including costs of wetland or habitat linkage restoration and any restoration requirements, shall be recorded by the clerk of the court as a lien against the land and shall not be removed until the penalty is paid or the restoration is completed.

      (6)   All costs, fees and expenses in connection with an enforcement or restoration action shall be assessed as damages against the violator.

      (7)   All penalties collected by the village under this section shall be deposited into the Village Wetlands Protection and Maintenance Fund.

      (8)   Enforcement actions under this section may be concurrent or separate.

   (J)   Village Wetlands Protection and Maintenance Fund. All fees collected by the village pursuant to this Code shall be deposited into the Village Wetlands Protection and Maintenance Fund, which is hereby created as a special fund in the village budget. In addition to any money appropriated from the General Revenue Fund, the Village Board shall appropriate moneys in the Village Wetlands Protection and Maintenance Fund to the Park Fund in amounts deemed necessary to implement this Code and maintain wetlands within the village.

   (K)   Preemption. Nothing in this Code shall be construed as a limitation or preemption of any statutory or regulatory authority arising under the Environmental Protection Act or ILCS Ch. 55, Act 5, § 5-1062 of the Counties Code.