The provisions of this title shall be held to be minimum requirements adopted to promote the health, safety, morals, comfort, prosperity and general welfare of the village, and this title shall not repeal, impair or modify private covenants or public ordinances; except, that it shall apply whenever it imposes stricter restrictions on land use. (1999 Code § 10.01)

   ALLEY: A public right of way which normally affords a secondary means of vehicular access to abutting property. See section 10-3-2, table, "Urban Section Standards", of this title for standard widths.

   ARTERIAL STREET: A street which provides for the movement of relatively heavy traffic to, from or within the village. It has a secondary function of providing access to abutting land. An arterial street system is designated on the village master plan.

   COLLECTOR STREET: A street which collects and distributes internal traffic within an urban area, such as a residential neighborhood, between arterial and local streets. It provides access to abutting property.

   COMPREHENSIVE PLAN: That policy document which serves as a guide for the future physical development of the village and entitled "Master Plan For Waterman, Illinois" 1 .

   CUL-DE-SAC: A short street having but one end open to traffic and the other end being permanently terminated to a vehicular turnaround.

   EASEMENT: See section 9-2-1 of this code, definition of "easement".

   HALF STREET: A street having only one-half (1/2) of its intended roadway width developed to accommodate traffic.

   LOCAL STREET: A street of little or no continuity designed to provide access to abutting property and leading into collector streets.

   LOT: A piece, parcel or plot of land intended for building development or as a unit for transfer of ownership.

   PLAT: The map, drawing or chart on which the subdivider's plan of subdivision is presented to the village board of trustees for approval.

   SOLAR COLLECTOR: A. An assembly, structure, or design, including passive elements, used for gathering, concentrating, or absorbing direct or indirect solar energy, specially designed for holding a substantial amount of thermal energy and to transfer that energy to a gas, solid, or liquid, or to use that energy directly; or

   B.   A mechanism that absorbs solar energy and converts it into electricity; or

   C.   A mechanism or process used for gathering solar energy through wind or thermal gradients; or

   D.   A component used to transfer thermal energy to a gas, solid, or liquid, or to convert it into electricity.

   SOLAR ENERGY: Radiant energy received from the sun at wavelengths suitable for heat transfer, photosynthetic use, or photovoltaic use.

   SOLAR ENERGY SYSTEM: A. Shall mean the following:

      1.   A complete assembly, structure, or design of a solar collector or a solar mechanism, which uses solar energy for generating electricity or for heating or cooling gases, solids, liquids, or other materials;

      2.   The design, materials, or elements of a system and its maintenance, operation, and labor systems designed or constructed to interface with a solar energy system; and

      3.   Any legal, financial, or institutional orders, certificates, or mechanisms, including easements, leases, and agreements, required to ensure continued access to solar energy, its source, or its use in a solar energy system, and including monitoring and educational elements of a demonstration project.

   B.   "Solar energy system" does not include:

      1.   Distribution equipment that is equally usable in a conventional energy system except for such components of such equipment as are necessary for meeting the requirements of efficient solar energy utilization;

      2.   Components of a solar energy system that serve structural, insulating, protective, shading, aesthetic, or other nonsolar energy utilization purposes; and

      3.   Any facilities of a public utility used to transmit or distribute gas or electricity.

   SOLAR STORAGE MECHANISM: Equipment or elements (such as piping and transfer mechanisms, containers, heat exchangers, or controls thereof, and gases, solids, liquids, or combinations thereof) that are utilized for storing solar energy, gathered by a solar collector, for subsequent use.

   SUBDIVISION: The subdivision of a parcel of land into two (2) or more lots or parcels for the purpose of transfer of ownership or building development, or if a new street is involved, any division or parcel of land; provided, that a division of land for agricultural purposes into lots or parcels of five (5) acres or more and not involving a new street shall not be deemed a subdivision. The term includes resubdivision, and when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.

   VARIANCE (VARIATION): See section 9-2-1 of this code, definition of "variance". (1999 Code § 10.01; amd. 2005 Code)

   A.   General Requirements:

      1.   The planning commission may require easements for poles, wires, conduits, storm and sanitary sewers, gas, water and force mains or other utility lines. Easements shall be at least ten feet (10') wide and may run across lots or along side or rear lot lines. Such easements should preferably be located along the rear lot lines.

      2.   The planning commission may require that easements or drainageways be provided in accordance with this section where a subdivision includes a segment or segments of watercourses, drainageways, channels or streams.

   B.   Types Of Easements: For the purpose of this title, easements shall include: the utility easement, the drainage easement, the landscaping easement, the sign easement and any other type of easement required for the operation of the village.

   C.   Language Required On Plats: The following language shall be included on all plats where an easement is required:

   D.   Drainage Easements: Where drainage easements are required along a lot line of adjoining properties, the developer shall divide the easement equally among the adjoining properties, and if a storm drain is to be installed, said drain shall be placed on or as close to the property line as possible. (1999 Code § 10.01)

Where the planning commission finds that extraordinary hardships or particular difficulties may result from strict compliance with these regulations, it may be recommended to the village board of trustees variations or exceptions to these regulations so that substantial justice may be done and the public interest secured; provided, that such variation or exception shall not have the effect of nullifying the intent and purpose of this title; and further provided, that the planning commission shall not recommend variations or exceptions to the regulations of this title unless it shall make findings based upon the evidence presented to it, in each specific case, that:

   A.   The granting of the variation will not be detrimental to the public safety, health or welfare or injurious to other property or improvements in the neighborhood in which the property is located.

   B.   The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property;

   C.   Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out. (1999 Code § 10.01)

The village code official shall have primary responsibility for enforcing this title. No building permit shall be issued for construction on any lot until the final plat for the subdivision has been duly recorded, or a certified survey map is recorded. (1999 Code § 10.01; amd. 2005 Code)

It shall be unlawful to erect and/or use neighborhood delivery and collection box units or cluster box units within the village of Waterman. (Ord. 2012-27, 12-11-2012)

Any person who fails to comply with the provisions of this title shall, upon conviction thereof, be fined as provided in section 1-4-1 of this code, and shall be responsible for the costs of prosecution for each violation. Each day a violation exists or continues shall constitute a separate offense. (1999 Code § 10.01; amd. 2005 Code; Ord. 2012-27, 12-11-2012)

With the exceptions stated in this section, whenever the owner of land within the village or within one and one-half (11/2) miles of the village subdivides a parcel of land into two (2) or more parts, any of which is less than five (5) acres, he must have a preapplication meeting, and a preliminary plat, and a final plat of the proposed subdivision must be approved by the board of trustees before the plat can be legally recorded and sold. The provisions of this title do 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 street or easements of access.

   C.   The sale or exchange of parcels of land between owners of adjoining and contiguous land. (1999 Code § 10.01)

   D.   The conveyance of parcels of land or interests therein for use as a right of way for railroads or other public utility facilities and other pipelines which does not involve any new streets or easements of access. (1999 Code § 10.01; amd. 2005 Code)

   E.   The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access.

   F.   The conveyance of land for highway or other public purpose 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 according to 765 Illinois Compiled Statutes 205/1(8) (the sale or exchange of parcels or tracts of land following the division into no more than 2 parts of a particular parcel or tract of land existing on July 17, 1959, and not involving any new streets or easements of access.) (1999 Code § 10.01)

Before filing a preliminary plat, the subdivider is encouraged to consult with the planning commission and/or its consulting staff for advice regarding general requirements affecting the proposed development. A sketch of the proposed subdivision, drawn on a topographic survey map, should be submitted. The subdivider shall also submit a plan locating the relationship of the proposed subdivision to traffic arteries and existing community facilities. (1999 Code § 10.01)

   A.   Submission; Required Information: The subdivider shall submit to the planning commission a preliminary plat based upon an accurate exterior boundary survey by a registered land surveyor which shall show clearly the proposed subdivision at a scale of not more than one inch per one hundred feet (1" = 100') having two foot (2') contour intervals, shall identify the improvements (grading, tree planting, paving, installation of facilities and dedications of land), easements which the subdivider proposes to make, and shall indicate by accompanying letter when the improvements will be provided. Any proposed restrictive covenants for the land involved shall be submitted.

   B.   Review; Planning Commission Recommendation: The planning commission may submit a copy of the preliminary plat to the village engineer and land planning consultant for review and written report of their reaction to the proposed plat. After review of the preliminary plat and negotiations with the subdivider on changes being advisable and the kind and extent of public improvements which will be required, the planning commission shall issue a recommendation regarding the preliminary plat within ninety (90) days from the date of the application or the filing by the applicant of the last item of required supporting data, whichever date is later, unless such time is extended by mutual consent. The action of the planning commission with respect to their recommendation shall be made in writing, and shall state with specificity any deficiencies noted in the preliminary plat based upon this title if disapproval is recommended, or any conditions that may be required if approval is recommended.

   C.   Acceptance Or Rejection Of Plat: The board of trustees shall accept or reject said plat within thirty (30) days after its next regular stated meeting following the action of the planning commission. Preliminary approval shall not qualify a plat for recording. (Ord. 2004-02, 1-27-2004)

   A.   Final plats shall be submitted to the planning commission within six (6) months of preliminary plat acceptance unless this requirement is waived in writing by the planning commission. The final plat shall conform to the preliminary plat as approved and to the requirements of all applicable ordinances and state laws. The final plat shall be accompanied by detailed construction plans of all improvements. The final plat shall be presented to the planning commission at least ten (10) workdays prior to the meeting at which it is to be considered and shall be accepted or rejected by the planning commission and the village within sixty (60) days of its submission, unless the time is extended by an agreement with the subdivider. Reasons for rejection shall be stated in the minutes of the meeting of the board of trustees, and a copy thereof or a written statement of such reasons shall be recorded in accordance with the statutory requirements prior to the time that lots are offered for sale, reference is made to the map for sale purposes, or use is made of lot and block numbers on the plat.

   B.   If the original of the final plat has been filed with another approving authority, the subdivider may file a true copy of such plat in lieu of the original. However, before approval of the planning commission and board of trustees will be inscribed on the original of the final plat, the surveyor or subdivider shall certify the respects in which the original of the final plat differs from the true copy, and all modifications must first be approved. (1999 Code § 10.01)

Generally, design standards shall assure that the layout of the subdivision harmonizes with existing plans affecting the development and its surrounding area and shall be in conformity with the comprehensive plan for the development of the entire area. (1999 Code § 10.02)

   A.   General Street Design:

      1.   The design of all streets shall be considered in their relation to existing and planned streets, to reasonable circulation of traffic, to topographical conditions, to runoff of storm water, and to the proposed uses of the area to be served.

      2.   Where new streets extend existing adjoining streets, their projections shall be at the same or greater width, but in no case less than the minimum required width.

      3.   Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall make provisions for the proper projection of streets. When a new subdivision adjoins unsubdivided land susceptible to being subdivided, then the new streets shall be carried to the boundaries of such unsubdivided land.

   B.   Street Width And Grades:

      1.   The planning commission may require the subdivider to conform to urban section standards of subsection D of this section if the average lot width in the proposed subdivision is less than one hundred fifty feet (150') measured at the street setback line. If the average lot width is in excess of one hundred fifty feet (150'), the subdivider may conform to the rural section standards of subsection D of this section.

      2.   Unless necessitated by exceptional topography subject to the approval of the planning commission, the maximum centerline grade of any street or public way shall not exceed the following:

         a.   Arterial streets: Six percent (6%).

         b.   Collector streets: Eight percent (8%).

         c.   Local streets, alleys and frontage streets: Ten percent (10%).

         d.   Pedestrianways: Eight percent (8%) unless steps of acceptable design are provided. The grade of any street shall in no case exceed ten percent (10%) or be less than one-half of one percent (0.5%).

         e.   Street grades shall be established wherever practicable so as to avoid excessive grading, the promiscuous removal of ground cover and tree growth, and general level of topography.

   C.   Street Jogs: Street jogs with centerline offsets of less than one hundred twenty five feet (125') shall be avoided.

   D.   Street Intersections: Insofar as practical, streets shall intersect at right angles, and no intersection shall be at an angle less than sixty degrees (60°). It must be evidenced that safe and efficient traffic flow is encouraged.

 

 

 

   E.   Cul-De-Sacs: Maximum length of permanent cul-de-sac streets shall be five hundred feet (500') measured along the centerline from the intersection of origin to end of right of way. Each cul-de- sac shall be provided at the closed end with a turnaround having a minimum outside roadway diameter of eighty feet (80') and a minimum street property line diameter of one hundred feet (100').

   F.   Half Streets: Half streets shall be prohibited except where the board of trustees finds it to be practicable to require the dedication of the other half when the adjoining property is subdivided.

   G.   Street Names: Proposed streets obviously in alignment with existing and named streets shall bear the names of such existing streets. In no case shall the name of the proposed street not in alignment duplicate existing street names, including phonetical similarities.

   H.   Private Streets: Public improvements shall not be approved for any private streets.

   I.   Access To Arterial Streets And Highways: Where a proposed plat is adjacent to an arterial street, spacing between access points to such thoroughfares of less than six hundred sixty feet (660') and in commercial districts, four hundred feet (400'), shall be avoided except where impractical or impossible due to existing property divisions or topography.

   J.   Street Curvature: When a continuous street centerline deflects at any one point by more than ten degrees (10°), a circular curve shall be introduced having a radius of curvature on said centerline of not less than the following:

      1.   Arterial Streets And Highways: Five hundred feet (500').

      2.   Collector Streets: Three hundred feet (300').

      3.   Local Streets: Two hundred feet (200').

   K.   Hardship To Owners Of Adjoining Property: The street arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it.

   L.   Corners: Curb lines at street intersections shall be rounded at a radius of not less than ten feet (10').

   M.   Reverse Curves: A tangent at least one hundred feet (100') long shall be required between curves on arterial and collector streets.

   N.   Alleys: Alleys shall be prohibited in residential areas unless special permission is granted by the board of trustees for their provision. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement. Dead end alleys shall be avoided, but if unavoidable, shall be provided with adequate turnaround facilities at the dead end. (1999 Code § 10.02)

   O.   Maintenance: Streets included in approved subdivisions, except designated state, federal or county roads, shall be maintained by the village unless other written arrangements are made prior to final plat approval. (1999 Code § 10.02; amd. 2005 Code)

   A.   Layout: Where possible, lot lines shall be at right angles to straight street lines or radial to curved street lines. Lots with frontage on two (2) parallel streets shall be avoided except where one street is an arterial feeder or highway with no direct access to the lot.

   B.   Size And Dimension: Minimum lot areas and lateral dimensions shall be as set forth in the village zoning regulations.

   C.   Corner Lots: Corner lots shall be platted at least ten percent (10%) wider than the minimum lot width required.

   D.   Natural Features: In the subdivision of land, due regard shall be shown for all natural features which, if preserved, will add attractiveness and stability to the proposed development.

   E.   Lots Along Thoroughfares: There shall be no direct vehicular access from residential lots to arterial streets or highways, and residential lots shall be separated from railroad rights of way by a twenty five foot (25') buffer strip, which may be in the form of added depth or width of lots backing on or siding on the railroad right of way.

   F.   Lot Remnants: Lot remnants which are below the minimum lot size must be added to adjacent or surrounding lots rather than be allowed to remain as an unusual outlot or parcel unless the owner can show plans for the future use of such remnant.

   G.   Boundary Lines: Lots shall follow, rather than cross, village boundary lines whenever practicable. (1999 Code § 10.02)

   H.   Area And Width Requirements: Subdivision lots in the village and within the extraterritorial limits under the jurisdiction of the village shall be in conformance with the area and width requirements of the village zoning regulations. (1999 Code § 10.02; amd. 2005 Code)

   A.   The lengths, widths and shapes of blocks shall be appropriate for the topography and the type of development contemplated.

   B.   To provide access and circulation to community facilities, sidewalks shall be provided by the subdivider, and where a block exceeds one thousand feet (1,000') in length, a crosswalk through the center of blocks shall be provided. Center crosswalks shall not be less than ten feet (10') wide. (1999 Code § 10.02)

   A.   Compliance With Provisions: All public improvements shall be constructed in accordance with the requirements of this chapter, including, but not limited to, special assessments, village projects, and subdivisions. (1999 Code § 10.03)

   B.   Design Of Improvements: All design of the improvements shall be in accordance with the following:

      1.   "Standard Specifications For Road And Bridge Construction Of The Illinois Department Of Transportation (IDOT)", current edition.

      2.   "Standard Specifications For Water And Sewer Main Construction In Illinois", current edition.

      3.   The most current version of the Ten States Standards, "Recommended Standards For Wastewater Facilities".

      4.   Rules and regulations of the state of Illinois environmental protection agency (IEPA), the Illinois department of transportation (IDOT) and other state and federal agencies which may have jurisdiction.

      5.   "Procedures And Standards For Soil Erosion And Sedimentation Control In Illinois", current edition.

      6.   Detail drawings for public improvements.

   C.   Review Of Specifications: The village engineer shall, from time to time, review the specifications for improvements required by this chapter and prepare any additions or modifications of such specifications and submit such additional or modified specifications to the president and the board of trustees for adoption. All specifications adopted by the village for the improvements required by this chapter are incorporated in the applicable sections by reference, and all improvements shall comply with the specifications adopted by the village.

   D.   Existing Improvements:

      1.   In case of resubdivision or areas to be subdivided where any of such improvements are already installed which meet the requirements of this chapter, no further provision to duplicate such installation shall be required; provided, however, that where such installations have become worn out, broken, defective, or do not meet village standards, the subdivider shall be required to repair and correct such defects.

      2.   If property for which an application to subdivide has been presented abuts on or contains an existing public street which has width or pavement less than required by chapter 3 of this title, the subdivider shall be required to dedicate additional land sufficient to provide additional pavement to bring roadway widths up to the minimum standards contained in chapter 3 of this title before the approval of the property for subdivision or resubdivision. The village engineer shall determine that proper adjustment is made where the widenings merge with the existing narrow widths of pavement at the boundary of the property and to require that the lanes are painted to designate driving and parking lanes. The widening of the paving shall not be required where there is less than seven hundred feet (700') of frontage. (Ord. 2012-12, 3-13-2012)

   A.   A minimum of two (2) permanent monuments shall be placed at corners of the subdivision. Permanent monuments shall be of concrete with minimum dimensions of four inches by four inches (4" x 4") at top, six inches by six inches (6" x 6") at bottom, and thirty six inches (36") long, with a copper dowel three-eighths inch (3/8") in diameter, at least two and one-half inches (21/2") in length, embedded so that the top of the dowel shall be flush with the surface and at the center of the monument.

   B.   All lot corners not marked by concrete monuments shall be marked by galvanized or wrought iron pipe or iron or steel bars at least eighteen inches (18") in length and not less than one- half inch (1/2") in diameter. The top of the pipe or bar is to be set level with the established grade of the ground. (1999 Code § 10.03)

   A.   Street Construction Specifications:

      1.   All new streets within the corporate limits of the village dedicated or platted after the effective date hereof shall be improved with roadway paving, in accordance with chapter 3 of this title.

      2.   Pavement improvements shall be in accordance with standards of the village as follows:

 

      3.   Aggregate for subbase, base and shoulders shall meet IDOT gradation CA-6 and shall be one hundred percent (100%) crushed stone or crushed gravel.

      4.   Subbase for all pavements shall have a minimum IBR of 3.0.

      5.   All pavements shall have a transverse slope of one-fourth inch (1/4") per foot.

      6.   All bituminous surface pavements shall be constructed using two (2) separate lifts.

      7.   Alternate pavement designs that provide equivalent structural design numbers may be submitted to the village engineer for review and approval.

      8.   All streets shall be designed using a "positive drainage principle" where possible. No low points shall be allowed which would cause greater than eight inches (8") of ponding in the event of a complete storm sewer failure.

   B.   Sidewalks: Sidewalks shall be provided to serve the following areas:

      1.   Commercial Areas: Commercial areas shall be provided with portland cement concrete sidewalks five inches (5") thick and a minimum of ten feet (10') wide.

      2.   Arterial And Collector Streets: Arterial and collector streets shall be provided with portland cement sidewalks five feet (5') wide, five inches (5") thick, and located one foot (1') off the property line within the street right of way, on both sides of the street.

      3.   Residential Properties: Residential properties shall be provided with continuous portland cement concrete sidewalks on two (2) sides of the street four inches (4") thick, four feet (4') wide, and located one foot (1') off the property line unless an alternate location is approved by the village engineer.

      4.   Driveways: All sidewalks shall be increased two inches (2") in thickness through driveway approaches.

      5.   Concrete: Portland cement concrete sidewalks shall be constructed using a "6-bag mix".

   C.   Street Signs, Guardrails And Landscaping:

      1.   Street Name Signs: Street name signs of the type approved by the village shall be installed at each intersection.

      2.   Guardrails: Guardrails shall be placed along the shoulder of any street where street construction has resulted in a drop off greater than six feet (6').

      3.   Parkway Trees: Parkway trees shall be planted by the subdivider. There shall be at least one tree of a species acceptable to the board of trustees and of at least two and one- half inches (21/2") in trunk diameter, measured eighteen inches (18") above grade, for every fifty feet (50') of frontage on all streets proposed to be dedicated. The required trees shall be planted halfway between the curb or edge of shoulder and the sidewalk or right of way line. Each tree shall be planted at least ten feet (10') from water and sewer services. A tree planting plan shall be submitted to the village showing the location and types of trees to be planted.

   D.   Street Grades: Street gradients shall be designed with proper continuity for collector, secondary, and major arteries without abrupt changes, and all intersections shall be properly platformed to prevent hazards. Said platform shall be subject to review by the village engineer. The adjustment of the grade of private driveways with the public roadways shall be subject to review and approval by the village engineer and shall avoid abrupt changes or drainage pockets.

   E.   Parkways: Parkways shall be graded in accordance with the grading plan and seeded upon completion of the underground and surface improvements.

   F.   Traffic Control Devices: Regulatory traffic control devices shall be installed as per the requirements of the "Manual On Uniform Traffic Control Devices", Illinois department of transportation standards, and at locations as directed by the village engineer. The traffic control devices may include, but are not limited to, speed limit, yield, right of way, stop, no parking, weight restrictions, pedestrian crossings, or other regulatory traffic signs and necessary traffic pavement markings. All signs and markings shall conform to the standards in the "Manual On Uniform Traffic Control Devices" and of the Illinois department of transportation. Signposts and fasteners shall be of a type equal to the current village standard. The village engineer shall make the determination as to when such signs shall be erected. All signs and pavement markings shall be maintained by the developer until the subdivision is accepted by the village board.

   G.   Curbs And Gutters:

      1.   Concrete curbs and gutters shall be provided in accordance with subsection G2 of this section.

      2.   All curbs and gutters installed on arterial streets shall meet the specifications applying to IDOT B6.24. All curbs and gutters installed on other streets shall meet the specifications applying to B6.12, and the thickness of the gutter shall be not less than nine inches (9").

   H.   Pavement Marking: Pavement marking shall be provided at locations determined by the village engineer. All pavement marking shall be thermoplastic conforming to the "Illinois Department Of Transportation Standard Specifications For Road And Bridge Construction In Illinois", latest edition. (1999 Code § 10.03)

No subdivision shall be approved without water supply and sanitary sewer and sewage treatment facilities in accordance with the following minimum standards or the posting of security approved by the village board guaranteeing said improvements in accordance with this chapter:

   A.   General Requirements:

      1.   The public utilities shall be installed in the parkways whenever possible. If there is insufficient room or conflicts, the storm sewer shall be installed in the center of the street.

      2.   All sewer and water main trenches shall be undercut four inches (4") and the pipe laid on a four inch (4") cushion of approved bedding material.

      3.   All underground improvements shall be completed prior to any surface improvements.

      4.   All manhole covers shall be imprinted with a description of the particular utility involved, such as water, storm sewer, or sanitary sewer. (1999 Code § 10.03)

   B.   Sanitary Sewers:

      1.   A complete system of sanitary sewers shall be constructed throughout the development allowing for the extension of the village sewer system to adjacent areas.

      2.   Only sanitary sewers shall be connected to the sanitary sewer system.

      3.   Sewage lift stations will not be permitted unless they are required in the opinion of the village engineer.

      4.   The minimum size public sanitary sewer shall be eight inches (8") in diameter.

      5.   Sanitary sewers shall be designed to flow no more than sixty percent (60%) full. The sewers will be designed in such a way as to ensure a minimum velocity of flow of two feet (2') per second and a maximum velocity of flow of eight feet (8') per second.

      6.   All sanitary sewers and services shall be constructed of PVC type PSM conforming to ASTM D-3034 and shall be SDR 26, with elastomeric gasket type joints complying with ASTM D1869 and ASTM D3212, or ductile iron pipe conforming to ANSI A21.51 (AWWA C-151), class 52 per ANSI A21.50 (AWWA C-150) and bitumen coated and cement lined per ANSI A21.4 (AWWA C-104).

      7.   Minimum cover on any sanitary sewer shall be three feet zero inches (3'0"). Sewers in excess of twenty feet zero inches (20'0") cover shall be ductile iron class 54 bitumen coated and cement lined. Risers shall be required where sewers are over twelve feet zero inches (12'0") deep or more, and shall extend to within an eight foot zero inch (8'0") grade.

      8.   PVC pipe shall be installed per ASTM D-2321 using class I material.

      9.   All sanitary sewer manholes shall be a minimum of four feet zero inches (4'0") in diameter, of the precast concrete type, with an elastomeric band seal and rubber boot, and spaced not more than four hundred feet (400') apart.

      10.   Maximum allowable infiltration shall be two hundred (200) gallons/day/inch diameter/mile of sewer.

      11.   A sanitary service line shall be installed near the center of each residential lot at the time of the sanitary sewer installation, and shall extend to within one foot (1') of the property line.

      12.   Wye branches shall be factory manufactured and permanently affixed to the main sewer.

      13.   Curvilinear sanitary sewers shall not be allowed.

      14.   All community sewerage systems shall be designed and constructed in accordance with the village master plan for sanitary sewers.

      15.   Sewer testing shall include air testing, infiltration testing, and closed circuit television testing of sewers eight inches (8") in diameter or larger.

   C.   Water Mains:

      1.   A complete water supply and distribution system, including all appurtenances, shall be installed.

      2.   The water system shall be looped to eliminate dead end water mains.

      3.   Water mains shall not be less than eight inches (8") internal diameter. Water mains of larger diameter shall be installed where determined to be needed by the village engineer.

      4.   Valves shall be located so that in the event of a single break, not more than one thousand feet (1,000') of main will be out of service and require the closing of not more than three (3) valves. Valves shall conform to the following requirements:

         a.   Valves up to and including twelve inches (12") in diameter shall conform to the latest standards of AWWA C509 for resilient seated gate valves.

         b.   Valves fourteen inches (14") in diameter and larger shall conform to the latest standards of AWWA C504, class 150B for butterfly valves.

         c.   All valves shall be installed in precast vaults.

         d.   Vaults shall be forty eight inches (48") in diameter for eight inch (8") water mains and smaller.

         e.   Vaults shall be sixty inches (60") in diameter for ten inch (10") water mains and larger.

         f.   Valves shall not be located under streets, driveways, or other pavements.

      5.   a. Fire hydrants shall be installed throughout the entire development, located at intervals not to exceed four hundred feet (400'). No house shall be more than two hundred feet (200') from a hydrant. Hydrants shall be of a type conforming to that used in the village. Hydrants shall be Mueller centurion type with breakaway flange with two (2) 21/2-inch and one 41/2-inch fire hose connections with national standard threads. The seat valve shall be five and one-fourth inches (51/4"). An auxiliary valve, box and cover (marked "WATER") shall be provided for each hydrant.

         b.   Dry hydrants shall be installed at all water reservoirs. The village engineer shall determine the location, quantity and the need for same. (Ord. 2012-12, 3-13-2012)

      6.   Water mains shall be constructed of ductile iron pipe conforming to ANSI A21.51 (AWWA C-151), thickness class 52 per ANSI A21.50 (AWWA C-150), and cement lined per ANSI A21.4 (AWWA C-205) or polyvinyl chloride (PVC) pipe conforming to AWWA standard C 900 installed in accordance with ASTM D-2321 or high density polyethylene (HDPE) pipe conforming to AWWA standard PE 3608 pressure rating DR 9.0. (Ord. 2013-06, 7-9-2013)

      7.   The depth between the finished grade and the top of the water main shall be not less than five feet (5') nor more than six feet (6'). Where conflicts arise with other underground improvements, greater depths will be allowed.

      8.   All water mains shall be located in the parkway, approximately ten feet zero inches (10'0") from the property line, or as otherwise approved by the village engineer.

      9.   Water mains to be installed in corrosive soils shall be wrapped with a polyethylene sheet, tied or taped securely in place, with a thickness of eight (8) mils, and complying with ASTM D1248.

      10.   Connections to the existing water system shall be made by pressure tap unless a connection can be made without leaving any current customer without service.

      11.   A separate water service tap and building service line shall be provided for each building lot. Shared or branched service connections shall not be allowed.

      12.   Building service connections from the curb box to the structure shall be made only at the time of building construction. All service taps shall be made with a manufactured tap corporation stop. The standard service connection size is one inch (1"). Curb boxes shall be Minneapolis pattern. Standard service pipe material is type K copper tubing ASTM B-88.

      13.   The need for additional water supply and storage will be determined on a case by case basis.

      14.   Water meters, which meet the requirements of the village engineer, are to be installed and paid for by the developer. (Ord. 2012-12, 3-13-2012)

   D.   Storm Sewers:

      1.   A complete system of storm sewers shall be constructed to drain the development and any contiguous drainage areas. The developer shall submit to the village engineer two (2) copies of the storm drainage computations.

      2.   No increase in stormwater runoff shall be directed to any existing watercourse or drainage system.

      3.   The method to be employed when computing storm runoff shall be approved by the village engineer. A 10-year storm shall be used for storm sewer design purposes. The storm system shall be designed with "positive street and swale drainage" such that in the event of a complete storm system failure, stormwater runoff will be provided overland to the stormwater detention area and will cause no property damage due to flooding.

      4.   Storm sewers shall be designed to flow full, using Manning's formula, with a roughness coefficient of 0.013. When the storm sewer system discharge is determined to be submerged, the sewers shall be designed using the "hydraulic profile" and a maximum water level elevation in manholes of one foot zero inches (1'0") below the flow line of the gutter.

      5.   Storm sewers shall be designed, when flowing full, to have a minimum velocity of two and one-half feet (21/2') per second and a maximum velocity not to exceed eight feet (8') per second.

      6.   All inlets shall be installed so that the distance between each inlet shall not exceed two hundred fifty feet (250'), and each inlet shall drain a maximum street gutter length of two hundred fifty feet (250'). Where the inlet is located at a low point, additional inlets may be required by the village engineer. No more than two (2) inlets shall be interconnected. Inlets shall be so located that stormwater runoff will not "pond". Depressed street crowns to facilitate drainage will not be allowed.

      7.   Catch basins with sumps are to be located in the storm sewer system in such a manner as to protect the sewer mains and downstream detention areas from silt and debris.

      8.   Rear yard inlets shall be placed where required by the village engineer.

      9.   The minimum size storm sewer shall be twelve inches (12") in diameter, and minimum size inlet connections shall be ten inches (10") in diameter.

      10.   Minimum cover shall be three feet zero inches (3'0") for all storm sewers unless special precautions are taken to protect the pipe, as approved by the village engineer.

      11.   Storm sewers shall be class four (4) reinforced concrete pipe conforming to ASTM C76 with O-ring joints conforming to ASTM C443.

      12.   All catch basins, manholes, inlet manholes, inlets, and headwalls shall be designed in accordance with the standard details of the village.

      13.   Storm detention is subject to the review of the village engineer. In concept, the detention pond shall have a high water level based on a 100-year design storm and shall have an outlet which allows runoff with an intensity no greater than the land in its natural state prior to development. The maximum allowable release rate is 0.15 cubic feet per second per acre for any design storm frequency up to the 100-year event. Illinois state water survey bulletin 70 shall be used for design storm data. The detention area shall have a single emergency overflow to drain waters in excess of the volume provided in the detention area.

      14.   The design of storm detention facilities shall be based on runoff hydrographs from the 2-year and 100-year frequency, twenty four (24) hour duration rainstorms. All design rainfall events shall be based on the Illinois state water survey, bulletin 70.

      15.   Wet bottom detention basins shall be designed to be safe, aesthetically pleasing, and available for recreational use. Wet bottom basins shall be at least four feet (4') deep, excluding near shore banks and safety ledges. If fish habitat is provided, at least twenty five percent (25%) of the basin bottom shall be a minimum of ten feet (10') deep. Wet bottom basins shall be designed to remove stormwater pollutants and designed with an aeration system or in such a manner to reduce nuisance problems such as algae.

      16.   Dry bottom detention basins shall be designed to be safe, aesthetically pleasing and available for multiple uses. The basin shall have a minimum bottom slope of two percent (2%) and a maximum embankment slope of twenty five percent (25%).

      17.   All sites no longer in a natural undeveloped state, undergoing development resulting in a significant increase in the rate of stormwater runoff, and not providing stormwater detention must provide detention meeting the requirements of subsection D13 of this section. Detention to be provided shall be for the entire site evaluated in its natural state.

      18.   Ditches and culverts may be used in lieu of storm sewers if curbs and gutters are not required. Ditches shall meet the following minimum standards:

         a.   Minimum grade of one percent (1%).

         b.   Maximum grade of ten percent (10%).

         c.   Minimum depth of eighteen inches (18") below the shoulder of the street.

         d.   Maximum bank slope of twenty five percent (25%).

         e.   The bottom and banks of ditches with grades between four percent (4%) and eight percent (8%) shall be sodded and equipped with permanent ditch checks.

         f.   The bottom and banks of ditches with grades between eight percent (8%) and ten percent (10%) shall be paved with concrete riprap.

      19.   Culverts shall meet the following minimum standards:

         a.   Minimum pipe diameter of twelve inches (12").

         b.   Corrugated metal pipe (CMP) shall be hot dipped galvanized steel or aluminum steel conforming to AASTO M36. Provide 16-gauge CMP for pipe diameter twenty one inches (21") and smaller. Provide 12-gauge CMP for pipe diameters twenty four inches (24") and larger.

         c.   Reinforced concrete pipe (RCP) shall conform to ASTM C76, class III.

         d.   Culvert slope and invert elevations shall match the ditch slope and invert elevations.

         e.   Minimum cover at driveways of six inches (6"). (1999 Code § 10.03)

   A.   A complete system of streetlights shall be constructed at those locations deemed necessary by the village board. The developer shall submit to the village engineer two (2) copies of street lighting calculations as well as copies of proposed equipment for installation.

   B.   Street lighting shall be designed in accordance with the "American National Standard Practice For Roadway Lighting" published by the Illuminating Engineering Society Of North America, latest edition.

   C.   All material used in construction shall meet the requirements of the national electrical code, latest edition 1 , and be Underwriters Laboratory (UL) approved.

   D.   Street lighting poles for corporate and business areas shall have a thirty foot (30') minimum mounting height. Poles shall be placed every one hundred fifty feet (150') on alternate sides of the street. Luminaries shall be two hundred fifty (250) watt HPS with horizontal cutoff or as approved by the village engineer.

   E.   Street lighting poles, luminaries and fixtures for residential areas shall be of a style approved by the village board. Poles shall be placed at each intersection, the ends of each cul-de- sac, and not more than seven hundred fifty feet (750') apart. Luminaries shall be one hundred fifty (150) watt high pressure sodium (HPS) with horizontal cutoff.

   F.   All streetlight wiring shall be underground and consist of 3-wire, direct burial cable, USE type. Two inch (2") diameter galvanized conduit is required under all roadways, driveways, and sidewalks.

   G.   Conduit shall be galvanized steel meeting the requirements of ANSI, C80.1, UL tested and labeled.

   H.   Poles shall be located a minimum of three feet (3') back of curb and six feet (6') from the shoulder of rural streets.

   I.   All lighting shall be photocell controlled unless directed by the village engineer.

   J.   The developer shall provide an operational streetlight system before any occupancy permit is issued. In addition, the street lighting system shall be made operational (turned on) when any dwelling is occupied. (Ord. 2012-12, 3-13-2012)

   A.   All public utility distribution lines for telephone, gas, electric, and cable television service shall be placed entirely underground. All aboveground appurtenances relating thereto shall be placed in rear lot line easements or in areas as designated by the village engineer. Consideration for placement of utilities in areas other than rear lot line easements shall be given only in instances of safety, floodplain infringement, preservation of existing wooded areas, and conflict with village utilities. 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 rules and regulations now and hereafter effective and filed with said commission pursuant to the Illinois public utilities act 1 , or any public utility whose service will be required for the subdivision with respect to the provision of such facilities.

   B.   Where a subdivider plans for the development of a subdivision within the corporate limits of the village, the subdivider shall submit a utility plan showing the location of all public utility distribution lines and all aboveground appurtenances relating thereto, for approval by the village engineer, before submitting his final plat for approval. In those instances where approval of a final plat is not necessary, the developer shall submit a utility plan for approval by the village engineer at the time a building permit is requested.

   C.   All aboveground appurtenances, including transformers, junction boxes, relief valves, and all structures associated with the installation and function of the utilities, shall be fully screened from public view by walls, berming or landscaping to be approved by the village.

   D.   Underground telephone, electric, gas, and cable television service facilities, including conduits and cables, shall be placed within easements or dedicated public ways in a manner which will not conflict with other underground services. Further, all transformer boxes shall be located so as not to be unsightly or hazardous to the public.

   E.   All utility lines and facilities for water and sewer service shall be placed in appropriate easements and entirely underground. (1999 Code § 10.03)

   A.   Presubmission Requirements: Where a subdivider plans for the development of a subdivision within the corporate limits of the village, the subdivider shall, before submitting his final plat for approval:

      1.   Make provision for the installation and construction of improvements required by this chapter.

      2.   Submit his provisions for installation and construction of improvements required by this chapter to the village engineer for his recommendation. (1999 Code § 10.03)

   B.   Compliance With Provisions; Inspections: The village president and board of trustees shall not approve a subdivider's provisions for improvements unless said provisions comply with this chapter. All improvements required by this chapter shall be inspected for compliance with this title and the contract specifications during construction by the village engineer. No such improvements shall be accepted by the president and board of trustees unless the village engineer certifies that the improvements comply with this title and the contract specifications. (1999 Code § 10.03; amd. 2005 Code)

   C.   Completion Of Improvements: The public improvements, including the water mains, sanitary sewers, the entire aboveground and belowground storm drainage system, including detention and retention areas, and curb and gutter and binder roadway surface course, if applicable, as required by this title, must be fully completed and accepted by the village board for each separate phase or unit of a development prior to the issuance of any occupancy permits for any buildings in any phase or unit. (1999 Code § 10.03)

   A.   Guarantee Of Improvements: Before a final plat is approved by the board of trustees, the subdivider shall submit an undertaking in lieu of completion bond (see section 10-7-1 of this title, appendix I) and irrevocable financial commitment (see section 10-7-2 of this title, appendix II) to assure the following:

      1.   The subdivider shall pay for the cost of all improvements required in the subdivision.

      2.   Guaranteed completion of the required improvements within a two (2) year period.

      3.   Payment by the subdivider for all costs incurred by the village for review and inspection. This would include review of plans and specifications by the village engineer, planner, and attorney, as well as other costs of a similar nature and construction inspection of public improvements.

      4.   To pay the cost of maintaining the subdivision improvements for a period of one year after acceptance. (1999 Code § 10.03)

      5.   The cash escrow or letter of credit shall be equal to one hundred twenty five percent (125%) of the village engineer's estimated cost of the required improvements. (1999 Code § 10.03; amd. 2005 Code)

      6.   Payment and discharge all claims made by any third party arising out of the installation and construction of the public improvements; all such claims must be paid prior to village acceptance of the public improvements; provided, however, that if the subdivider has insurance coverage in sufficient amounts to pay such claims and the subdivider files with the village the insurance company's letter indicating that they acknowledge coverage and accept defense of the claim and that the limits of the policy are satisfactory to pay the claim if judgment is entered in favor of said third party, the village may, in its discretion, accept the public improvements.

      7.   Any other customary expenses of the developer in meeting any requirements of the village pertaining to the subdivision including, but not limited to, reasonable attorney fees incurred by the village in drafting, administering, and enforcing the subdivision improvement deposit agreement.

   B.   Refunding Deposit: After completion and acceptance of the subdivision improvements, the village will authorize the refund of any residue remaining except for ten percent (10%) of the original deposit or the amount stipulated in the escrow agreement. The retained amount shall be used for maintenance of the improvements for a period of one year after the date of acceptance, and then any balance remaining will be refunded.

   C.   Insurance Requirements:

      1.   The subdivider shall secure and maintain such insurance from an insurance company authorized to write casualty insurance in the state where the work is located as will protect himself, his subcontractors, the village and the village engineer and his employees from claims for bodily injury, death or property damage which may arise from subdividing the property. The subdivider shall not commence work until he has obtained all insurance required under this subsection C1 and shall have filed the certificate of insurance or the certified copy of the insurance policy with the village.

      2.   Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without ten (10) days' written notice to the village of intention to cancel. The amount of such insurance shall not be less than the following:

         a.   Workers' Compensation And Employer's Liability: Workers' compensation and employer's liability insurance shall be secured and maintained as required by the state.

         b.   Public Liability, Bodily Injury, And Property Damage:

 

 

         c.   Automobile And Truck Public Liability, Bodily Injury And Property Damage:

 

 

         d.   Umbrella Liability Coverage: An amount not less than three million dollars ($3,000,000.00).

   D.   Indemnity: The subdivider shall indemnify and save harmless the village and the village engineer and his employees from and against all losses and all claims, demands, payments, suits, actions, recoveries, and judgments of every nature and description brought or recovered against him by reason of any omission or act of the subdivider, his agents or employees in the execution of the work or in the guarding of it. The subdivider shall obtain in the name of the village and shall maintain and pay the premiums for such insurance in such amount and with such provisions as will protect the village from contingent liability, and a copy of such insurance policy or policies shall be delivered to the village. Full compliance by the village with the terms and provisions of such insurance policy or policies shall be a condition precedent to the village's right to enforce against the subdivider any provisions of this chapter. (1999 Code § 10.03)

No subdivision containing one or more street(s) or road(s) shall be approved until a snowplowing agreement similar in form to that set forth below has been approved by the board of trustees and has been signed by the village president and a representative of the developer; said agreement having been properly witnessed.

   SNOW PLOWING AGREEMENT

(Ord. 2012-12, 3-13-2012)

There shall be established a master plan, commonly known as the comprehensive plan, for the village. This plan, or any part thereof, will direct the physical development of all or any part of the corporate area. This plan shall be published in pamphlet form, and not less than three (3) copies thereof shall be available for inspection at the office of the village clerk at all times in accordance with Illinois Compiled Statutes. (1999 Code § 10.04)

Rules, regulations, requirements and standards for private and public improvements within said area and territory, and also within areas of one and one-half (11/2) miles beyond the corporate limits of the village, as may from time to time be established or as now exist, shall apply as provided in the following described maps, plans, specifications, resolutions and/or ordinances, each one duly recommended and adopted as provided by law:

   A.   Zoning ordinance of the village, as amended: Master plan adopted October 21, 2003.

   B.   Subdivision regulations of the village: Master plan adopted October 21, 2003. (1999 Code § 10.04)

Certain features of the master plan are of necessity based on future public needs which are expected to prevail when a majority of the land within and tributary to the corporate area is subdivided and developed or is otherwise improved and occupied. Among such features are:

   A.   Alignment and width of rights of way of major and other streets;

   B.   Location and size of sites for parks, playgrounds, public buildings and grounds; and

   C.   Elevations of building sites and buildings near storm water drainage channels and other features of the design of drains, ditches and sanitary sewers which will lessen or avoid the hazards from future floodwater levels. (1999 Code § 10.04)

Certain features of the master plan shall be realized by stages, and the need for or extent of a particular improvement will depend on the demands created by surrounding growth and ability to finance its cost. Such improvements include: pavements, culverts, bridges, storm sewers, grade separations, sanitary sewerage, water supply facilities, development of parks and playgrounds, school and other public buildings, grounds and facilities. When such improvements shall be carried out or constructed and the extent of their design (whether provided by the subdivider or developer of land or by the village or other public agency) shall be determined by the authority having such jurisdiction. All such improvements shall be made as provided by statutes and ordinances relating thereto and in accordance with approved or established standards. (1999 Code § 10.04)

   A.   Upon the adoption of the master plan for Waterman, no map, plat or replat of land within the corporate limits of the village or in contiguous territory not more than one and one-half (11/2) miles outside such limits shall be entitled to record or shall be valid unless the subdivision shown thereon provides for streets, alleys, ways for public service facilities, public grounds and other matters as provided and required by the master plan. (1999 Code § 10.04)

   B.   If the planning commission recommends approval and the village board of trustees does approve such map, plat or replat, the dedications shown thereon shall be considered accepted, and the same shall be entitled to be received for record. A certificate of such conformity shall be executed by the village clerk after approval by the village board of trustees. (1999 Code § 10.04; amd. 2005 Code)

   C.   If the planning commission disapproves any such map, plat or replat, the commission shall point out to the village board of trustees wherein the same fails to meet the requirements of the master plan, and the planning commission may recommend changes in the master plan whereby such map, plat or replat would be in conformance with the requirements of the village plan. The village board of trustees may overrule the disapproval of the planning commission by a two-thirds (2/3) vote of the elected members of the said board or by a majority; or change the master plan as recommended by the planning commission and approve such map, plat or replat; in either of which event, the dedication therein contained shall be considered accepted and such map, plat or replat entitled to be received for record. (1999 Code § 10.04)

Residential development projected over the next several years will have a significant impact on the village, its police department, department of public works, and its infrastructure; the Waterman fire protection district; the Clinton Township public library district; and the Indian Creek school district which provides education to the community students. This development will cause a greatly increased demand for services and facilities provided by these entities. The developers of new subdivisions and residents thereof will require the services of these entities prior to the time that tax revenues are generated by said subdivisions. The development projected will result in the disappearance of land available for schools and parks, and the price of the remaining land will, in all probability, increase faster than the borrowing capacity of the various taxing bodies responsible for providing these services. It is essential to the health, welfare and safety of Waterman that:

   A.   Adequate land and facilities are available to provide village, educational, library, recreational and fire protection services.

   B.   School sites be provided within the village in accordance with the criteria hereinafter set forth, which are consistent with the minimum school site recommendations heretofore issued by Indian Creek school district and that funds be provided to the village to defray a portion of the cost of new school construction.

   C.   Park sites be provided within the village in accordance with the standards hereinafter set forth, which are consistent with the criteria for park land requirements as recommended by the village board of trustees.

   D.   Funds be provided to the village to help defray the increased cost of providing village services and fire protection in areas which are in the process of development with a high potential for theft and vandalism, unfinished streets that cause extraordinary wear and tear to emergency vehicles, and increased patrol requirements that will strain the police department's manpower and vehicular resources.

   E.   The combining of school sites with park sites to provide the maximum in educational and recreational services and facilities should be encouraged. (1999 Code § 10.05.01)

It is recognized that population density, age distribution, land value, the cost of providing park, school and municipal services, construction costs and other local conditions change over the years. Therefore, the specific formula for the dedication of land or the payment of fees in lieu thereof, the required contribution for school construction, police, fire, library and administrative services, and the fair market value of land in and around the village shall be reviewed regularly and amended if necessary. To that end, all of these values shall be contained in and referred to appendix III, section 10-7-3 of this title. Table F at the end of appendix III summarizes the contributions required by the developer. (1999 Code § 10.05.02)

As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:

   BEDROOM: A private room in a dwelling which is larger than one hundred (100) square feet in area, meets the bedroom egress requirements of the Waterman building code 1 , is separable from other rooms by a door or doorframe (frame that can be used for a standard door), and does not have facilities or furnishings for cooking, eating, and laundering, and is not solely a bathroom, a living room, a den/family room, a kitchen, a dining room, a laundry room or a utility room for central heating/cooling equipment.

   CIVIC: Refers to the park district and other recreational facilities, the fire protection district, the village of Waterman (public works and infrastructure), and the Clinton Township library district.

   DENSITY: The numerical value which indicates the number of dwelling units per acre of a development.

   DWELLING UNIT: One or more rooms in a building or a portion of a room, designed, intended to be used, or actually used for occupancy by one family for living and sleeping quarters, and containing one kitchen only, and includes a mobile home, but not hotel or motel units.

   NEW DEVELOPMENT OR DEVELOPMENT PROJECT OR SUBDIVISION OR PLANNED UNIT DEVELOPMENT: Means and includes any project undertaken for the purpose of development, including, without limitation, a project involving the issuance of a permit for construction, reconstruction, or change of use, but not a project involving the issuance of a permit to operate or to remodel, rehabilitate, or improve an existing structure, nor the rebuilding of a structure destroyed or damaged by an act of nature, nor the replacement of one mobile home with another on the same pad if no dwelling unit is added.

   RESIDENTIAL DEVELOPMENT PROJECT: Any development undertaken to create a new dwelling unit or units. (1999 Code § 10.05.03; amd. 2005 Code)

As a condition of approval of a development plan or plat, each owner or developer will be required to dedicate land for school sites and civic purposes, or cash contribution in lieu of actual land dedication, or a combination of both, at the option of the village. In addition, the developer will make a cash contribution to provide for construction (capital improvements) of adequate school and civic facilities. The developer shall conform to the requirements of this title. The location of the areas shall be referred to the planning commission in conjunction with the submittal of the preliminary plan, and the areas shall be appropriately marked on the plat prior to approval of the plat. (1999 Code § 10.05.04)

   A.   Criteria:

      1.   School Land Contribution: The village board will require each subdivider and developer of land to donate land for school sites to serve the immediate and future needs of the residents of the parcel. Such contribution is necessary to ensure proper provision of school sites for persons who are expected to reside within the subdivision or development, which sites would otherwise have to be acquired at the expense of the general public, but whose utility would generally be limited to residents of the parcel.

         a.   Philosophy Of Acceptance:

            (1)   All elementary, junior high, and senior high schools shall be located to serve the greatest number of children possible within walking distance. Access shall be available on fully improved streets.

            (2)   Adjacent land use to the school site must be considered. School sites shall not serve as buffers between residential/commercial and residential/industrial use.

         b.   Calculating Requirement:

            (1)   The ultimate number of students to be generated by a subdivision or development shall bear directly upon the amount of land required to be dedicated for school sites.

            (2)   The land dedication requirement shall be determined by:

               (A)   See worksheet E in appendix III, section 10-7-3 of this title, using table B, "Estimated Ultimate Population".

               (B)   Obtain the number of dwelling units for each type of unit listed in table B (detached/attached, bedrooms). Identify these values as number of units per type.

               (C)   For elementary school, find the number of children per unit in table B that corresponds to the type of unit. Multiply that by the number of units per type.

               (D)   Find the sum or total students that will attend the elementary school.

               (E)   Using table C, "Base School Population And Site Size", in appendix III, section 10-7-3 of this title, find the maximum number of acres of land per student for each school classification in column III. Multiply that value by the total obtained in subsection A1b(2)(D) above. This value is the total acres required for elementary school.

               (F)   Repeat subsections A1b(2)(C) to A1b(2)(E) of this section substituting middle school and high school where elementary school was used.

               (G)   Add the total acres for each school classification. This value is the total acres that will be required to be dedicated for school sites.

         c.   Whenever planning is done jointly with the park district for a school/park site, the school owned portion shall comply with the specifications contained herein.

         d.   The comprehensive school plan and/or the standards adopted by the affected school district shall be used as a guideline in locating sites. Variances in land uses could, however, change the locations and/or number of sites.

      2.   Criteria For Requiring Park Land Contribution: The village board will require each subdivider and developer of land to donate land for public open space and recreation purposes to serve the immediate and future needs of the residents of the parcel. The amount of land shall be determined on the basis of ten (10) acres per one thousand (1,000) persons calculated as provided in the column total per dwelling unit (last) in table B, "Estimated Ultimate Population", in appendix III, section 10-7-3 of this title. (1999 Code § 10.05.05)

   B.   Review Of Park Site Improvements: Prior to conveyance of a public open space site to the village, the subdivider or developer shall submit to the village board its plans for any improvements to be made to such park site. Conveyance of property required by this chapter to the village shall be subject to the subdivider's or developer's compliance with the public open space or school improvement plans as approved by the village board. (1999 Code § 10.05.06)

   C.   Environmental Quality:

      1.   Land to be dedicated for park sites shall be approved by the village according to its environmental quality, as well as its suitability for active and passive recreational activities. The land is to be dry and usable at all times and not subject to flooding or used as detention. No bogs or swamps shall be acceptable as required park sites. Lakes and native prairie wetlands shall not normally be acceptable, but may be approved by the village where the area offers an exceptional amenity or the chance to protect a significant natural resource. No site that has been part of an unlicensed landfill or a toxic waste dump shall be acceptable as required park acreage.

      2.   Every effort shall be made to conserve for public use and enjoyment those areas of significant natural and environmental value. Except in those specific areas designated by the village for development as play fields or other active areas, all trees, other plant materials, streams and other natural features shall be retained on land to be dedicated for park site use, unless specifically cited by the village for removal by the developer. (1999 Code § 10.05.07)

   D.   Improved Sites:

      1.   The slope, topography and geology of the site to be donated as well as its surroundings must be suitable for its intended purposes. Grading on sites dedicated for public open space or school uses shall not differ greatly from surrounding land. Before donation, all sites shall be improved as required under this title, or acceptable provisions shall be made for such improvements before dedication.

      2.   All sites shall be dedicated in a condition ready for full service of electrical, water, sewer and streets (including enclosed drainage and curb and gutter) as applicable to the location of the site, or acceptable provision made therefor. The sidewalk and parkway improvements will be installed before final acceptance of public improvements. (1999 Code § 10.05.08)

   E.   Land Conveyance By Warranty Deed: The following requirements shall be provided prior to acceptance of any land to be dedicated or donated:

      1.   A current survey.

      2.   A title insurance commitment, acceptable to the village, in an amount not less than the fair market value of the land as determined by the village.

      3.   A warranty deed. (1999 Code § 10.05.09)

      4.   A written statement from the grantor or developer stating that grantor or developer shall be responsible for paying the real estate taxes on the land until an exemption is obtained. (1999 Code § 10.05.09; amd. 2005 Code)

   F.   Reservation Of Additional Land: Where the comprehensive plan or the standards of the village call for a larger amount of park and recreational land or school sites in a particular subdivision or development than the developer is required to dedicate, the land needed beyond the developer's contribution shall be reserved for subsequent purchase by the village or other public entity designated by the village; provided, that such acquisition is made within one year from the date of approval of the final plat. (1999 Code § 10.05.10)

   G.   Combining With Adjoining Developments: Where the subdivision or development is less than forty (40) acres, public open space or a school site which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable recreation areas or school sites without hardship on a particular developer. (1999 Code § 10.05.11)

   A.   Where the development is small and the resulting site is too small to be practical or when the available land is inappropriate for park and recreational purposes or a school site, the village shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required. The cash contributions in lieu of park and recreation land dedication shall be held in trust by the village, or other public entity designated by the village, solely for the acquisition of park and recreation land as hereinbefore classified, which will be available to serve the immediate or future needs of the residents of that subdivision or development or for the improvement of other existing local park and recreation land which already serves such needs.

   B.   The cash contributions in lieu of school sites shall be held in trust by the village, or other public entity designated by the village, solely for use in the acquisition of land for a school site to serve the immediate or future needs of children from that subdivision or development or for the improvement to any existing school site which already serves such needs or for the improvement or use of any school site specifically and uniquely attributable to the proposed subdivision or development. If any portion of cash contribution in lieu of park and recreation land dedication, or cash contribution in lieu of school site, is not expended for the purposes set forth herein within twenty (20) years from the date of receipt, it shall be refunded to the developer who made such contribution.

   C.   Prior to distribution of any funds under this chapter to a public entity, the public entity shall give to the village a hold harmless and indemnification, indemnifying the village from any and all causes of action or other liability that may arise on account of the distribution or an expenditure of the funds by the public entity. (1999 Code § 10.05.12)

There may be situations in subdivisions or developments when a combination of land dedication and contribution in lieu of land are both advisable. These occasions will arise when:

   A.   Only a portion of the land to be developed is proposed as the location for a park or school site. That portion of the land within the subdivision falling within the park or school location shall be dedicated as a site as aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated.

   B.   A major part of the local park or recreation site or school site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall be required. (1999 Code § 10.05.13)

The village board will require each subdivider and developer of land to donate cash in addition to land or cash in lieu of land donations expressly for the purpose of school building construction. Donations will be based on the school capital improvement contribution table D in appendix III, section 10-7-3 of this title; the amount shown in column 3 (contribution) if for a single dwelling unit. (1999 Code § 10.05.14)

Cash contributions shall be made at the time building permits are issued. In the event a subdivider or developer files a written request to make payment at some time other than at the issuance of building permits, the village board will consult the park district and school district and make a final determination of a payment schedule. Alternative payment schedules shall always precede the issuance of building permits. (1999 Code § 10.05.15)

The cash contribution in lieu of land shall be based on the fair market value of the acres of land as improved, that otherwise would have been dedicated as park and recreation or school sites. Table A, "Fair Market Value", section 10-7-3 of this title, shall be used in making any calculation herein unless the subdivider or developer files a written objection thereto. In the event of any such objection, the subdivider or developer shall submit an appraisal showing the fair market value of such improved land or other evidence thereof and final determination of said fair market value per acre of such improved land shall be made by the village board based upon such information from other sources which may be submitted to the village board by the park district, school district, or others. (1999 Code § 10.05.16)

Table B, "Table Of Estimated Ultimate Population Per Dwelling Unit", in appendix III, section 10-7-3 of this title, is generally indicative of current and short range projected trends in family size for new construction and shall be used in calculating the amount of required dedication of acres of land or the cash contributions in lieu thereof unless a written objection is filed thereto by the subdivider or developer. In the event a subdivider or developer files a written objection to the table of estimated ultimate population listed herein, he shall submit his own demographic study showing the estimated additional population, and in that event, final determination of the density formula to be used in such calculations shall be made by the village board based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the village board by the park district, school district, or others. (1999 Code § 10.05.17)

   A.   Design Standards And Requirements:

      1.   Public open space provides an orientation hierarchy and communal structure to a neighborhood. The series of specialized open spaces described herein are integral to the neighborhood environment. "Open space" is defined as all areas not covered by buildings or parking lots, streets, required setbacks, easements or golf courses.

      2.   Open space shall be planned and improved, accessible and usable by persons living nearby. "Improved" shall mean cleared of underbrush and debris, graded, landscaped, and may contain one or more of the following improvements: gazebos, benches, walls, fences, fountains, statues, memorials, ball fields, and/or play equipment. Walls and fences shall be made of stone, masonry, wrought iron, or wood and shall not exceed four feet (4') in height; except, that fences used in conjunction with ball fields may be of chainlink construction and may exceed four feet (4') in height. Playground equipment, statues, memorials and fountains should be located towards the center of squares and parks.

      3.   Except for greenways and parkways, required open space shall be located at or adjacent to the higher residential densities in the neighborhood. (1999 Code § 10.05.18)

   B.   Open Space Types: The open spaces in Waterman fall into eight (8) types that are defined as follows:

      1.   Playground:

         a.   Playgrounds provide sunny and shaded play areas for children as well as open shelter with benches for adults. Playgrounds may be built within squares and parks or may stand alone within a residential block. Playgrounds shall be fenced, securable and illuminated if not part of a square or park. The minimum size for a playground shall be eight thousand (8,000) square feet; the maximum size for a playground shall be fifteen thousand (15,000) square feet. There should be a playground within six hundred feet (600') of every residence. Playgrounds may be covered in sand, crushed stone or other surface approved by the village.

         b.   Trees shall be planted along the perimeter of a playground. Trees shall be between fifteen feet (15') and forty feet (40') on center. Trees shall limb up to a minimum of fifteen feet (15') at maturity. Tree planting required along the perimeter of a playground is in addition to trees required to be planted in the adjacent public right of way.

      2.   Close: A "close" is a front space for buildings interior to the block. It may be pedestrian or it may have a roadway loop around a green area within the roadway. Its minimum width must coincide with emergency vehicle turning standards. Trees shall be planted along the perimeter of a close. Trees shall be spaced between fifteen feet (15') and forty feet (40') on center. Trees shall limb up to a minimum of fifteen feet (15') at maturity. Tree planting required along the perimeter of a close is in addition to trees required to be planted in the adjacent public right of way.

      3.   Square: "Squares" are green spaces which are inherently civic in nature. They are the setting for civic buildings and monuments, located either at their centers or edges. Formal tree planting maintains spatial definition of the square. Squares should be maintained to a higher standard than playgrounds and parks. Squares are areas for passive recreational use. Attached squares shall be bounded by streets on a minimum of three (3) sides or seventy five percent (75%) of their perimeter. Detached squares are entirely bounded by streets. The recommended minimum size of a square shall be twenty thousand (20,000) square feet; the recommended maximum size shall be two (2) acres. Squares may be entirely paved in crushed gravel, brick pavers, or similar material, or partially paved. Areas not landscaped shall be landscaped. Squares shall have trees planted parallel to all rights of way with not less than two (2) tree species a minimum of ten feet (10') and maximum of thirty feet (30') on center. Trees shall limb up to a minimum of fifteen feet (15') at maturity. Tree planting required along the perimeter of a square is in addition to trees required to be planted in the adjacent public right of way.

      4.   Parks: Parks may be designed for passive and/or active recreational use. Parks shall be bounded by public streets on a minimum of fifty percent (50%) of their perimeter. Parks are encouraged to be entirely bounded by streets. The minimum size shall be one acre; the maximum size shall be five (5) acres. The maximum park size may exceed five (5) acres if, through design, the park creates a central open space which serves an entire neighborhood or group of neighborhoods, or incorporates physical features which are an asset to the community, e.g., lake or river frontage, high ground, significant stand of trees. Trees shall be planted along all rights of way with not less than two (2) tree species a minimum of ten feet (10') and a maximum of thirty feet (30') on center. Interior areas shall remain natural, and any additional plantings shall be informal in design. Tree planting required along the perimeter of a park is in addition to tree planting required in the adjacent public right of way. Promenades and esplanades within a park may be formally planted with trees parallel to the walkway. Interior portions of the park are encouraged to be kept free of plantings. Areas for active use and any facilities which accompany such use shall have a tree planting design which integrates the structures into the park and defines the areas set aside for active recreation use from areas of passive use. Plantings in the interior portions of the park are encouraged to follow topographical lines. There shall be no area within a park of undergrowth or limbs lower than twelve feet (12') from the ground.

      5.   Green: Like the square, it is small, civic, and surrounded by buildings. Unlike the square, it is informally planted and may have an irregular topography. Greens are usually landscaped with trees at the edges and sunny lawns at the center. Greens should contain no structures other than benches, pavilions and memorials. Paths are optional. Tree planting required in the public right of way along a green shall be provided as required.

      6.   Parkway: "Parkways" are open spaces designed to incorporate natural settings such as creeks and significant stands of trees within neighborhoods. Parkways are to be entirely bounded by streets or pedestrian rights of way within developed areas. Parkways differ from parks and squares in that their detailing is natural, i.e., informally planted, except along rights of way, and may contain irregular topography. Parkways may be used for certain active recreational uses such as walking, jogging, or bicycling. Trees shall be planted along all rights of way with not less than two (2) tree species a minimum of ten feet (10') and a maximum of thirty feet (30') on center. Interior areas shall remain natural, and any additional plantings shall be informal in design. Tree planting required along the perimeter of a parkway is in addition to required tree planting in the adjacent public right of way.

      7.   Greenbelt: Greenbelts run along any waterways, or along the perimeter of a neighborhood or the village, and serve to buffer a neighborhood from surrounding noncompatible uses such as a highway corridor or industrial district, or a neighborhood from agricultural areas or adjacent neighborhoods. Greenbelts are left in a natural state and are not for recreational purposes. There is no tree planting requirement along the perimeter of greenbelts. Tree planting required in the public right of way along greenbelts shall be provided as required.

      8.   Buffer: The buffer has the basic elements of a green with the added purpose of buffering the impact of traffic from a highway or boulevard. (1999 Code § 10.05.19)

The dedications of land or cash contributions in lieu thereof required by this chapter shall also be required as a condition to the annexation of any land to the village, and provisions thereof shall be incorporated in any preannexation agreement governing such land. (1999 Code § 10.05.20)

In the event of a conflict between the provisions of this chapter and the provisions of any other ordinance or resolution establishing or amending school and civic contributions, the provisions of this chapter shall govern. (1999 Code § 10.05.21)

State of Illinois )

) SS

County of DeKalb )

Whereas the Statutes of the State of Illinois grant to a municipal corporation the right to require that a developer constructing certain improvements within the community guarantee the construction of such improvements by a Completion Bond or other security acceptable to the community; and

Whereas, _______________________________ desires to construct a (residential) (commercial) (industrial) development within the Village of Waterman, Illinois and that said municipality is willing to accept the nature of an irrevocable commitment in lieu of such Completion Bond.

Now, Therefore, are the following representations made by the owner and/or developer to the Village of Waterman:

1) That _______________________________ is the owner and/or developer of the property legally described in Clause 2 of this undertaking, and shall hereinafter be referred to as "Owner;" and, that the Village of Waterman shall hereinafter be referred to as "Village."

2) That the Owner is the legal title holder or developer of the following described property:

(Insert Legal Description of Property)

3) That the Owner shall be required to install at this own cost and expense all necessary materials, labor and equipment to complete the public and private improvements required by the ordinances of the village of Waterman, including but not limited to the installation of the following: streets, sidewalks, streetlights, street signs, sanitary sewers, storm sewers, detention and retention basins and storm drainage systems, water lines, common landscaping in common areas and grading and restoration. All improvements shall be in accordance with the standards, specifications and requirements of the Village of Waterman. In order to guarantee that such facilities will be installed, the Owner shall submit to the Village engineer such specifications and estimated engineering costs as shall be required to meet with his approval. In aiding the village engineer in determining the amount of reasonably anticipated costs for the construction of such improvements, the Owner may submit to the engineer signed contracts for the construction of such improvements. The Village engineer, upon determining that the design of the required improvements are in accordance with good engineering practices, shall estimate and certify an amount which shall represent one hundred twenty five percent (125%) of the reasonably estimated cost of completing those improvements and for which amount the municipality requires the posting of a completion guarantee.

4) That the Owner shall furnish qualified field supervision of the installation of all public improvements in the person of a professional engineer registered and licensed in the State of Illinois.

5) That the Owner shall not be entitled to the recording of the final plat or the issuance of Building permits until and unless said Owner shall submit to the Village an irrevocable financial commitment from a bank, savings and loan, or mortgage company approved by the Village in the amount certified by the Village engineer.

6) That the written irrevocable financial commitment shall be furnished to the Village from a banking or lending institution in the form marked "Appendix II" and appended to this Agreement.

7) That the Owner guarantees the workmanship of the public improvements to be installed upon the site for a period of one (1) year after their donation to the Village. Upon final completion of the public improvements the Owner shall execute a Bill of Sale for those items which are personal property and for maintenance. For a period of one (1) year after the granting of the Bill of Sale in the case of personal property and the acceptance for maintenance of any other public improvements all necessary repairs to such facilities shall be the responsibility of the Owner.

In Witness whereof _______________________________ has hereunto set his hand and seal this _____ day of _____________________, 20___ .

Owner (Signed)

Owner (Print)

Approved by the Village of Waterman this _______ day of _________________, 20____.

Village of Waterman (Signed)

(1999 Code ch. 10, appendix I)

   (Letterhead of a Bank, Savings & Loan or Mortgage House)

   ____________________________, 20____

Village President _______________________________

and Board of Trustees

Village of Waterman

215 W. Adams St.

Waterman, IL 60556

RE: Letter of Credit No:_______________________________

For Account of:_________________________________

Amount:____________________________________________

Date:____________________________________________

Village of Waterman:

We hereby establish in your favor this irrevocable letter of credit in favor of_________________________________ , developer, and_________________________________ , owner, in the amount of_________________________________ Dollars ($ ), which equals 125% of the cost of the improvements described herein. We understand that this irrevocable letter of credit is to be used to construct the following improvements in the residential development known as_________________________________ to be constructed with the Village of Waterman, Illinois.

 

The costs for the foregoing improvements are detailed in the attached Engineer's Cost Estimate.

(1999 Code ch. 10, appendix II; amd. 2005 Code)

   A.   Table A, Fair Market Value:

   Calculating Fair Market Value

   Based On Lot Size And Amount Of Land Used For Infrastructure

   Fair Market Value = Present cost of lot in Waterman x lots per acre (infrastructure factored in) x 50%

 

 

 

Example:

Development lot size = 9,000 square feet

20% used for infrastructure

43,560 - 8,712 (20%) = 34,848

34,848/9,000 = 3.87 lots/acre

$40,000 cost of lot in Waterman

$40,000 x 3.87 x 0.5 = $77,440.00

   B.   Table B, Estimated Ultimate Population:

   TABLE OF ESTIMATED ULTIMATE POPULATION PER DWELLING UNIT

 

Note: There are only 3 significant categories provided in this chart. Because of the similarity of yields of all types of attached single-family dwelling units, only 1 category is provided. The same is true with apartments; thus, only 1 category. Because of the relatively short history of some newer types of detached and attached single-family units, individual evaluations may be necessary.

   C.   Table C, Base School Population And Site Size:

   TABLE OF BASE SCHOOL POPULATION AND SITE SIZE

 

 

Note: These figures are from the state superintendent's office.

D.   Table D, School Capital Improvement Contribution:

   SCHOOL CAPITAL IMPROVEMENT CONTRIBUTION

* Rounded to the nearest dollar

   CALCULATING NEW SCHOOL CONSTRUCTION CONTRIBUTION

 

 

 

Cost per dwelling = students per dwelling times adjusted cost per square foot

*From Table Of Estimated Ultimate Population Per Dwelling Unit

Square foot per student, cost per square foot and regional adjustment factor provided by the Indian Creek school district; 0.4 multiplier determined by the village board.

E.   Work Sheet For Calculating Land To Be Contributed For Schools:

 

 

 

   F.   Summary Of Contributions Required By The Developer:

      1.   School Land Contributions (subsection 10-6-5A1 of this title):

         Use worksheet E in this appendix III

         Use table B to determine population

         Use table C for calculating land required

      2.   Park Land Contribution (subsection 10-6-5G of this title):

         10 acres per 1,000 persons

      3.   Cash In Lieu Of Land (section 10-6-6 of this title):

         Use table A to calculate fair market value

      4.   School Capitol Improvement (section 10-6-8 of this title):

         Use table D, amount in column 3 is for a single-family dwelling unit

(1999 Code ch. 10, appendix III; amd. 2005 Code)