Section General Provisions
152.01 Short title
152.02 Definitions
152.03 Purpose
152.04 Compliance with zoning ordinance
152.05 Conflicting provisions; invalidity
152.06 Publication
152.07 Official comprehensive plan and official map; hearing; notice Subdivision Plat Requirements
152.20 Approval of subdivision plats to be in compliance with this chapter
152.21 Compliance with other regulations
152.22 Preliminary plat and approval
152.23 Final plat and approval; forms Design Standards
152.35 Establishment
152.36 Streets
152.37 Storm sewers
152.38 Sanitary sewers
152.39 Water supply
152.40 Monuments
152.41 Requirements generally
152.42 Electrical service Administration and Enforcement
152.50 Variances; exceptions
152.51 Inspections and engineer certification
152.52 Responsibilities of City Council on subdivision control
152.53 Actions to restrain or abate violations
152.98 Violations 1
52.99 Penalty
GENERAL PROVISIONS
§ 152.01 SHORT TITLE. This chapter and the subdivision regulations contained herein shall be known and may be cited as the “Subdivision Ordinance of the City of Farmer City.” (Ord. 567, passed 10-15-90)
§ 152.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ALLEY. A public right-of-way which affords a secondary means of access to abutting property. BUILDING SETBACK LINE. A line within a lot or other parcel of land so designated on the plat of the proposed subdivision between which, and the adjacent boundary of the street upon which the lot unit abuts, the erection of an enclosed structure or portion thereof is prohibited. EASEMENT. The quantity of land set aside or in which a liberty, privilege or advantage in land is granted to the public and which exists distinct from ownership of the land. FINAL PLAT. A map or chart of a subdivision which has been accurately surveyed, and that survey marked on the ground so that streets, alleys, easements, blocks, lots and other divisions thereof can be identified. Where the plat includes a multi-unit structure with ownership planned of individual units and the common elements of ownership. IEPA. The abbreviation for the Illinois Environmental Protection Agency. OWNER. Any individual, combination of individuals or other legal entity having a proprietary interest in a parcel of land.
PRELIMINARY PLAT. A map or plan of a proposed land division or subdivision. SIDEWALK. That paved portion of the right-of-way designed and intended for the public use of pedestrian traffic. STANDARD SPECIFICATIONS. Those specifica-tions for streets and storm sewers shall mean the latest “Illinois Specifications for Road and Bridge Construction,” as amended of revised. “Standard Specifications” for the water mains and sanitary sewers shall mean the latest “Standard Specifications for Water and Sewer Main Construction in Illinois,” as amended or revised. STREET. A public or private thoroughfare which affords primary access by pedestrian and vehicles to abutting property. SUBDIVISION. (1) Any division, development or resubdivision of any part, lot area or tract of land by the owner or agent, either by lots or by metes and bounds into lots two or more in number, for the purpose, whether immediate or future, of conveyance, transfer, improvement or sale with appurtenant streets, alleys, easements, dedicated or intended to be dedicated to public use or for the use of the purchasers or owners within the tract subdivided. It shall also include any division, development or resubdivision of any land or building, either on a horizontal or vertical or combined horizontal and vertical basis, for the purpose, whether immediate or future, of having therein or thereon a multi-unit structure with ownership of individual units by different owners, along with any common elements of ownership and along with any appurtenant streets, alleys, easements dedicated or intended to be dedicated to public use for the use of the purchaser or owners of units within the multi-unit structure, including, but without being limited to condominiums. It shall also include any division, development or re-division of land in such a way as to result in multiple zoning classification uses, frequently referred to as a Planned Unit Development, along with any common elements of ownership or use and along with any appurtenant streets, alleys, easements dedicated or intended to be dedicated to the public use or for the use in common of purchasers, owners or lessees. The division of land for agricultural purposes not involving any new street, alley or other means of access, shall not be deemed a subdivision for the purpose of the regulations and standards of this chapter.
(2) However, except where condominiums or a Planned Unit Development is involved, the term SUBDIVISION as used in this chapter does not include the following:
(a) The division or subdivision of land into parcels or tracts of five acres or more in size which does not involve any new streets or easements of access;
(b) The division of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements;
(c) The sale or exchange of parcels of land between owners of adjoining and contiguous land;
(d) The conveyance of parcels of land or interests therein for use as a right-of-way for railroads or other public utility facilities or cable television facilities and other pipe lines which does not involve any new streets or easements of access;
(e) The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access and the conveyance of any right-of-way or easement by a franchised cable television company;
(f) The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use;
(g) Conveyances made to correct description in prior conveyances;
(h) The sale of a single lot of less than five acres from a larger tract, not involving any new streets or easements of access, when a survey is made by a registered surveyor; provided that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions and configuration of the larger tract on the date of the passage of this chapter. TENTATIVE APPROVAL or PRELIMINARY APPROVAL. Approval with or without recommended alterations given to a preliminary plat by the City Council that also provides the necessary authority to proceed with the preparations and presentations of the final plat. USEPA. The abbreviation for the United States Environmental Protection Agency. (Ord. 567, passed 10-15-90)
§ 152.03 PURPOSE.
The purposes of §§ 152.20 through 152.53 and § 152.98 are:
(A) To protect and enhance the area under the jurisdiction of the city as a decent and enjoyable place in which to live.
(B) To prevent the depreciation in value of real property in the area under the jurisdiction of this city.
(C) To secure the orderly development of the area under the jurisdiction of this city.
(D) To insure development of the area under the jurisdiction of this city in accordance with the purposes and provisions of any comprehensive plan adopted by this city.
(E) To aid in providing for adequate facilities for streets, sewers, water, access to sunlight, services and public use for residents of the area under the jurisdiction of this city.
(F) To establish procedures for approving plats of subdivision of multi-unit structures for the purpose, whether immediate or future, of having therein ownership of individual units by different owners.
(G) To establish reasonable rules and regulations with respect to street drainage and surfacing.
(H) To establish reasonable requirements with respect to water supply and sewage collection and treatment.
(I) To establish reasonable rules and regulations governing the location, width and course of streets, alleys, utility easements and storm or flood water runoff channels and basins.
(J) To endeavor to secure the taxpayers in the area under the jurisdiction of this city from financial loss caused by inadequate subdivision development.
(K) To, generally, promote the public health,
safety, comfort, morals and welfare of the citizens of this city. (Ord. 567, passed 10-15-90)
§ 152.04 COMPLIANCE WITH ZONING ORDINANCE.
Nothing in this chapter contained herein shall excuse compliance with the provisions of any zoning ordinance used in this city. (Ord. 567, passed 10-15-90)
§ 152.05 CONFLICTING PROVISIONS; INVALIDITY.
All ordinances or parts of ordinances, heretofore adopted, in conflict with the provisions of this chapter, to the extent that they are in conflict with this chapter, are hereby repealed. The provisions of this chapter are hereby declared to be separable, and the invalidity of any section or provision hereof shall not affect the validity of any other provision herein. (Ord. 567, passed 10-15-90)
§ 152.06 PUBLICATION.
(A) The City Clerk shall cause the subdivision control regulations to be printed or put in book or pamphlet form.
(B) A number of copies of the subdivision control regulations as so printed or published shall be left at a bank, library and the city hall where they may be picked up by members of the public, with such number left at each location as to be determined by the City Administrator.
(C) Any person shall be entitled to receive a copy of the subdivision regulations upon payment to the city the sum of $5, with that payment to be made through the bonded members of city hall.
(D) However, any official, agent or employee of this city having use of a copy or copies of the subdivision control regulations in connection with work on behalf of this city shall be entitled to such copy or copies without charge.
(E) Copies of the subdivision control regulations shall be furnished without charge for use by the judges of the judicial circuit of Illinois, DeWitt County, and, upon request, for use by the judges of other courts. One or more copies of the subdivision control regulations shall be furnished for the DeWitt County law library. (Ord. 567, passed 10-15-90)
§ 152.07 OFFICIAL COMPREHENSIVE PLAN AND OFFICIAL MAP; HEARING; NOTICE.
(A) An official comprehensive plan, or any amendment thereto, proposed by the City Council shall be effective in this city and contiguous area herein prescribed only after its formal adoption by the City Council. This plan shall be constructed to regulate or control the use of private property in any way, except as to such part thereof as has been implemented by ordinances duly enacted by the corporate authorities. At any time or times, before or after the adoption of the official comprehensive plan, the Mayor and City Council may designate by ordinance an official map in accordance with the provisions of § 11-12-6 of the Illinois Municipal Code. Upon submission of a comprehensive plan by the City Council, or a proposed amendment to an existing comprehensive plan, the Mayor and City Council shall schedule a public hearing thereon before the City Council. Not less than 15 days’ notice of the proposed hearing, and the time and place thereof, shall be given by the publication in a newspaper of general circulation in the city. The City Administrator shall have the duties of preparing and causing to be published such notice of hearing. The hearing shall be informal, but all persons desiring to be heard in support of or opposition to the comprehensive plan or amendment shall be afforded such opportunity and may submit their statements, orally, in writing or both. The hearing may be recessed to another date if not concluded, if notice of the time and place thereof is publicly announced at the hearing or is given by newspaper publication not less that five days prior to the recessed hearing.
(B) Within 90 days after the conclusion of the hearing, the Mayor and City Council, after consideration of that information as shall have been derived from the hearing, shall either adopt the comprehensive plan or amendment in whole or in part or reject the entire comprehensive plan or amendment. If adopted, the Mayor or City Council shall enact the ordinance including a map or maps as hereinbefore provided. A comprehensive plan or amendment shall not become effective until the expiration of ten days after the date of filing notice of the adoption of such comprehensive plan or amendment with the County
Recorder of Deeds. (Ord. 567, passed 10-15-90)
SUBDIVISION PLAT REQUIREMENTS
§ 152.20 APPROVAL OF SUBDIVISION PLATS TO BE IN COMPLIANCE WITH THIS CHAPTER.
No map or plat of any subdivision affecting land or buildings within the corporate limits of this city, or, if this city has adopted a comprehensive plan covering area outside those corporate limits but continuous thereto and not more than 1½ miles from those corporate limits, within that continuous area covered by such plan, shall be approved unless in full compliance with the provisions of this chapter. (Ord. 567, passed 10-15-90)
§ 152.21 COMPLIANCE WITH OTHER REGULATIONS.
All subdivisions created or subdivision plats submitted after the effective date of this chapter must comply with all existing ordinances, resolutions and regulations of this city in force or hereafter enacted, including, but without being limited to, the provisions in this code pertaining to water and sewer regulations and any other applicable ordinances of this city. (Ord. 567, passed 10-15-90)
§ 152.22 PRELIMINARY PLAT AND APPROVAL.
(A) A proposed plat of subdivision shall be submitted initially to the City Council for preliminary approval.
(B) This submission shall be made by filing no less than six copies of the preliminary plat of that proposed subdivision along with the preliminary plan of that subdivision with the City Clerk. The submission shall be accompanied by an application of approval. The City Clerk shall immediately submit two copies to each of the City Administrator, the City Engineer and the City Council.
(C) The City Engineer shall submit his recommendations in writing with reference thereto to the City Council through the City Clerk.
(D) The City Administrator shall immediately notify the Mayor of the filing of the proposed plat of subdivision, and the Mayor shall then take all necessary steps to cause the proposed plat to be considered by the Council.
(E) The proposed plan shall meet requirements of § 11-12-8 of the Illinois Municipal Code, of this chapter and of any other applicable provision of this code or any ordinance of the city. The preliminary plat and accompanying documents shall show location and width of proposed streets and public ways, shall indicate proposed location of sewers and storm drains, proposed dedication of public grounds, if any, lot sizes, proposed easements for public utilities and proposed method of sewage and waste disposal, but need not contain specifications for proposed improvements, but the latter shall be furnished with the final plat.
(F) The City Council shall approve or disapprove the application for preliminary approval within 60 days from the date of application or the filing by the applicant of the last item of required supporting data, whichever date is later, unless that time is extended by mutual consent. If the plat is disapproved, then, within 60 days, the City Council shall furnish to applicant in writing a statement setting forth the reason for disapproval and specifying with particularity the aspects in which the proposed plat fails to conform to the applicable provisions of this code, ordinances, statutes or any official map. If the plat is then resubmitted corrected so as to meet the objections specified, the City Council shall then have an additional 45 days to either approve or disapprove the resubmitted plat. If the resubmitted plat is disapproved, the reasons for the disapproval shall be given the subdivider.
(G) (1) If the preliminary plat is approved by the City Council, the original plat and one print or copy of the plat shall be endorsed as follows: This proposed plat of subdivision and accompanying documents has received preliminary approval by the City Council of the City of Farmer City, and said Council is now ready to receive the final plat for consideration. Dated City Council of Farmer City, Illinois
by: Mayor, Farmer City, Illinois
(2) A copy of the preliminary plat so endorsed shall remain on file with the City Clerk, and a copy of the plat so endorsed shall be returned to the subdivider.
(H) If the proposed subdivision should lie wholly or partly outside the corporate limits of this city, the City Council’s action on the preliminary plat shall not be final until a required approval has been obtained from the DeWitt County Board.
(I) Preliminary approval shall not qualify a plat for recording.
(J) At the time the applicant files application for preliminary approval of a proposed plat of subdivision, there shall be paid to the city a filing fee of $50 to help defray the expenses of consideration of the same. In addition, the applicant shall reimburse the city for all reasonable inspection fees incurred to insure com-pliance with requirements established within 30 days after those inspection fees have been incurred and the bill has been submitted to the applicant for the same. (Ord. 567, passed 10-15-90)
§ 152.23 FINAL PLAT AND APPROVAL;
FORMS.
(A) Receipt by the subdivider of the copy of the preliminary plat together with the approval of the City Council and, when required, the County Board of DeWitt, shall constitute authority for the subdivider to proceed with the final plat, plans and specifications for the installation of the required improvements.
(B) Application for final approval of a plat shall be made not later than one year after preliminary approval has been granted.
(C) The final plat must have thereon the name of the subdivision. Before any subdivision is approved it must have a name.
(D) The application must be supported by such drawings and specifications as may be necessary to demonstrate compliance with all applicable requirements of § 11-12-8 of the Illinois Municipal Code, of “An Act to Revise the Law in Relation to Plats,” approved March 21, 1874, as amended (ILCS Ch. 765), of § 13 of “An Act to Revise the Law in Relation to Recorders,” approved March 9, 1874, as amended (Ill. Rev. Stat. Ch.115, § 13), of this chapter, of the zoning ordinance of DeWitt County and of other ordinances of this city.
(E) The final plat shall be drawn at 100 feet equals one inch or larger and shall include or indicate the following:
(1)Primary control points (section lines and corners or center) approved by the City Engineer or descriptions and “ties” to those control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred.
(2) Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves. Reference to at least one previously established section corner shall be given.
(3) Name and right-of-way of each street or other right-of-way.
(4) Location, dimensions and purpose of any easement.
(5) Number to identify each lot or site.
(6) Purpose for which sites, other than residential lots, are dedicated.
(7) Minimum building setback line on all lots and other sites.
(8) Location and description of monuments.
(9) Reference to recorded subdivision plats of adjoining platted land by record name, Plat Book and page number in the DeWitt County Recorder’s office.
(10) Title, scale, north arrow and date.
(F) The following items shall accompany the final plat for city approval:
(1) Cross-sections and plans and profiles of streets showing grades approved by the City Engineer.
(2) Plan and profile and elevation sheets of utilities.
(3) Contour map (if required).
(4) Drainage map (if required).
(5) Restrictive covenants (if any) in form for recording, but not in plat.
(G) The original reproducible drawing shall be certified substantially as follows. Where the owner is an individual, the declaration and dedication shall be signed by the spouse of the owner; but, if the owner is a single person never having been married or a person whose marriage has been dissolved and has not since remarried, then the marital status of the owner shall be shown.
(1) The declaration and dedication form hereinafter set forth has been drawn as if the owner or owners is or are individuals, and this may be modified where the owner is a corporation, partnership or other legal entity and should be modified as to form to fit the situation. STATE OF ILLINOIS } SS. COUNTY OF DEWITT } DECLARATION AND DEDICATION OF SUBDIVISION TO THE CITY OF FARMER CITY DEWITT COUNTY The undersigned, , husband and wife respectively, each on his or her own right and as spouse of the other (a single person never having been married) (a person whose marriage has been dis-solved and who has not since remarried), hereby certify that they are the owners of the land shown on the accompanying plat and that they have caused the survey and subdivision thereof to be made as shown on the accompanying plat, with such subdivision to be known as , in the City of Farmer City, DeWitt County, Illinois. The undersigned do hereby dedicate the streets and utility easements shown on said Plat to the public use forever. Easements as shown by dashed lines and marked utility easements on said Plat are hereby reserved for the use of all public utility companies, the City of Farmer City, and any cable television company duly franchised to install, lay, construct, operate, maintain, repair, renew and/or remove underground water mains, sewer pipes, gas pipe lines, electric and telephone and television cables and conduits with all necessary above-ground transformer and service pedestal installations, along with all accessories connected with any of the foregoing, and with the further right to install and maintain overhead electric and telephone and television pole and wireline installations with all necessary braces, guy wires, anchors and other appliances, for the purpose of serving the subdivision and adjoining properties with water, sewer, gas, electric, telephone, and cable television service, including the right to use the streets when necessary and to overhang or bury across all lots service wires, pipelines and/or cables to serve adjacent lots, together with the right to enter upon the lots at all times to install, operate, and maintain said utility facilities and to trim or remove any trees, shrubs, or saplings that interfere or threaten to interfere with said utility facilities. No permanent buildings or trees shall be placed on said easements, but same may be used for gardens, shrubs, landscaping and other purposes that do not interfere with the use of said easements for the aforesaid utility purposes. In connection with any dedication of streets or grant of easements herein contained, the undersigned hereby release and waive all rights under and by virtue of the homestead exemption laws of this state. Dated at , Illinois, this day of , .
(2) Certificate of Notary where owners individuals: STATE OF ILLINOIS } SS. COUNTY OF DEWITT } I, the undersigned, a Notary Public in and for the State and County aforesaid, do hereby certify that , husband and wife, respectively, each in his or her own right and as spouse of the other, (a single person never having been married) (a person whose marriage has been dissolved and has not since been married), personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered the foregoing instrument as their free and voluntary act, for the uses and purposes therein set forth, including, as to any dedication or grant of easements therein contained, release and waiver of any rights under the homestead exemption laws of this state. WITNESS my hand and notarial seal this day of , . Notary Public My commission expires: Certificate of Notary where owner a corporation: I, , a registered land surveyor, do hereby certify that, at the direction of (owner), I have surveyed and subdivided a tract of land into lots, streets and utility easements as shown hereon; said tract of land being (acres), more or less, in the of Section of Township , County, Illinois. I further certify this to be a true and correct plat of said survey and subdivision. Corners are monumented as shown hereon; distances are given in feet and decimals thereof. Such plat is drawn to a scale of one inch equal to feet. I further certify to the best of my knowledge and belief the drainage of surface waters will not be changed by the construc-tion of such subdivision of any part thereof (or in the alternative, if such surface water drainage will be changed: That, as to any change in any drainage of surface waters, reasonable provision has been made for collection and diversion of such surface waters in public areas, or drains which the subdivider has a right to use, and that such surface waters will be planned for in accordance with generally accepted engi-neering practices so as to reduce the likelihood of damage to the adjoining property because of the construction of the subdivision). I further certify that no part of this property shown on this plat is situated within five hundred feet (500̍) of any surface drain or watercourse serving a tributary area of 640 acres or more. (In lieu of this latter sentence, certification can be made showing approval by the Illinois Department of Transportation and compliance with Ill. Rev. Stat. Ch. 115, § 13.) I further certify that the said land is within the corporate limits of the City of Farmer City, Illinois. (Alternative to above paragraph if comprehensive plan has been adopted by the City of Farmer City covering territory outside of corporate limits of City and land involved is within such territory: I further certify that said land is within 1½ miles of the corporate limits of the City of Farmer City, Illinois, which has adopted a comprehensive plan and is exercising special powers authorized by Division 12 of Article 11 of the Illinois Municipal Code, is within territory covered by such comprehensive plan, and is not within the corporate limits of any other city.) Dated at , Illinois, this day of , . Ill. Reg, Land Surveyor #
(3) There shall also appear thereon an additional certificate in substantially the following form: STATE OF ILLINOIS } SS. COUNTY OF DEWITT }
I, , County Clerk of the County aforesaid do hereby certify, that I have this day examined the Tax Records of the property shown on the attached plat and find no delinquent general taxes, unpaid current general taxes, or delinquent assessments against the tract of land described in said plat. Given under my hand and the seal of said County this day of , . County Clerk Deputy County Clerk
(4) There shall also be placed thereon an additional certificate in substantially the following form for signature by the City Clerk to which is to be affixed by said City Clerk the City Seal. However this shall not be signed by such City Clerk and the City Seal shall not be thereto affixed until the performance bond hereinafter mentioned is furnished and accepted or the escrow agreement hereinafter mentioned is entered into, after approval of such final plat at a meeting of the City Council. STATE OF ILLINOIS } SS. COUNTY OF DEWITT } I, , City Clerk of the City of Farmer City, Dewitt County, Illinois, do hereby certify that this plat was duly approved and accepted by the Mayor and City Council at a meeting held on the day of , .
(H) The topographical and profile studies, which shall be submitted with the plat, shall have in the face of these studies the signed statement of a registered professional engineer, and the owner of the land of his duly authorized attorney, to the effect that to the best of their knowledge and belief the drainage of surface waters will not be changed by the construction of such subdivision or any part thereof, or, that if the surface water drainage will be changed, reasonable provision has been made for collection and diversion of those surface waters into public areas, or drains which the subdivider has a right to use, and that the surface waters will be planned for in accordance with generally accepted engineering practices so as to reduce the likelihood of damage to the adjoining property because of the construction of the subdivision. The City Council shall not approve any subdivision plat if these statements have not been made on the face of such topographical and profile studies. Such topographical and profile studies required herein shall not be recorded, but shall be retained and filed by the City Clerk as permanent documents of this city.
(I) Application for final approval of a plat of a subdivision shall be made by filing with the City Clerk six copies and one reproducible of such plat and six copies of such application and required supporting documents. The City Clerk shall immediately transmit copies to each of the following: The City Administrator, the City Engineer and the City Council. The City Engineer shall submit his recommendations in writing in reference thereto to the City Council through the City Clerk. The applicant shall also submit at the time of submission of application for final approval an estimate of the cost of construction of necessary improvements to conform to the requirements established, including reasonable inspection fees to be borne by the applicant, and this estimate shall be transmitted by Clerk to the City Engineer. The City Engineer shall review such estimate and make such modifications and recommendations with reference thereto as are appropriate and then transmit such estimate as so modified by the City Engineer to the City Administrator, so that the City Council may establish the amount of the performance bond to be required or, in the alternative, the amount deposited in escrow in lieu of such bond. The City Administrator shall immediately notify the Mayor of the filing of such application, plat and supporting documents, and the Mayor shall then take all necessary steps, the same to be considered by the City Council.
(J) The applicant may elect to have final approval of a geographical part or parts of the plat that received preliminary approval, and may delay application for approval for other parts until a later date or dates beyond one year with the approval of the Mayor and City Council: provided, all facilities required to serve the part or parts for which final approval is sought have been provided. In such case only that part or parts of the plat as have received final approval shall be recorded.
(K) When a person submitting a plat of subdivision or resubdivision for final approval has supplied all drawings, maps and other documents required by this chapter or other ordinances of the city and by statute, and if all those material meets the requirements of this chapter or other ordinances and of statute, the Mayor and the City Council shall approve the proposed plat within 60 days from the date of filing the last required document or papers, or within 60 days from the date of filing application for final approval of the plat, whichever date is later. The date of filing shall be the date of filing with the City Clerk.
(L) If the final plat is approved, the City Clerk shall attach a certified copy of the order or resolution of approval to a copy of the plat. If the proposed plat is disapproved, the order or resolution shall state the reasons for the disapproval, specifying with particularity the aspects in which the proposed plat fails to conform to the applicable provisions of this code and any other ordinances of the city, statutes or the official map. A copy of the order or resolution shall be filed in the office with the City Clerk.
(M) At the time the performance bond hereinafter mentioned is furnished and accepted, or the escrow agreement hereinafter mentioned is entered into, after approval of such final plat at a meeting of the City Council, the City Clerk shall sign the certification plat in form heretofore specified and place thereon the City Seal. STATE OF ILLINOIS } SS. COUNTY OF DEWITT } I, , City of Farmer City,DeWitt County, Illinois, do hereby certify that this plat was duly approved and accepted by the Mayor and City Council at a meeting held on the day of , . City Clerk
(N) After final approval of the plat of subdivision by the Mayor and City Council and notification of the applicant of such approval, the applicant shall post a good and sufficient bond, with surety to be approved by the Mayor and City Council, with the City Clerk, in an amount at least equal to 120% of the cost of construction of the improvements, including reasonable inspection fees, as estimated by the City Engineer. Such bond shall insure or be conditioned upon completion of construction of required improvements within such reasonable time as shall be established by the Mayor and City Council and upon payment of inspection fees and other fees due the city by the subdivider, and upon the subdivider making good on a guarantee of the required improvements contained in said plat and any order or resolution of approval of the Mayor and City Council for a period of one year following written acceptance by the City Engineer. Such bond shall contain the terms, provisions and conditions set forth in the form of bond hereinafter set forth. Such a bond will not be required for a subdivision or a part of a subdivision located outside the corporate limits of this city if a similar performance bond and guarantee has been provided to the county. Such bond shall be substantially in the following form: PERFORMANCE BOND WITH DEWITT COUNTY We, , as principal, and , as surety are bound to the City of Farmer City, Illinois a municipal corporation, in the penal sum of dollars ($ ) lawful money of the United States, for the payment of which we, and each of us, jointly and severally, bind ourselves and our heirs, executors and administrators. WHEREAS:
(1) The above named principal has heretofore submitted to the Mayor and City Council of the City of Farmer City a plat of subdivision which was approved by order or resolution of said Mayor and City Council under date of the day of , .
(2) Said plat and said order or resolu-tion contain certain specifications and requirements, designated herein as required improvements;
(3) Said principal does guarantee such required improvements against faulty materials and workmanship for a period of one year following written acceptance by the City Engineer.
(4) There will be certain necessary inspection fees incurred by the City of Farmer City in connection with the same which are to be reimbursed to said City by said principal, and, there may be other fees due said city under the Plan and Subdivision Ordinance, the Zoning Ordinance of Dewitt County, and other ordinances of said city; NOW, THEREFORE, the condition of this obligation is such that if the said principal carries out and performs all specifications and requirements, that is, required improve-ments, contained in the said plat of subdivision and said order or resolution of approval no later than the day of , , or such extension of such time as may be granted by the Mayor and City Council, and further makes good on the guarantee of such required improvements against faulty materials and workmanship for a period of one year following written acceptance by the City Engineer, and further reimburses the said City of Farmer City for all reasonable inspection fees incurred to insure compliance with such requirements established within thirty (30) days after such inspection fees have been incurred and bill has been submitted to the principal for the same, and further pays all other fees due said City of Farmer City under the Sub-division Ordinance, the Zoning Ordinance of DeWitt County, and other ordinances of said city, then this obligation is void; otherwise it remains in full force. If the City of Farmer City, for good and sufficient cause, brings legal action to forfeit this bond, or to recover thereunder, or to otherwise enforce the agreements contained in this instrument, then said City shall further be entitled to recover from the principal and any surety hereon, jointly of severally, its attorney’s fees, court costs, and expenses of litigation reasonably incurred in connection with such action or proceeding. If for any reason such attorney’s fees, court costs, and expenses of litigation are not included in the court’s judgment in such action or proceed-ings to be recovered by such City, then said City shall have the right to recover the same by separate action. Upon the expiration of one year from the completion of the required improvements shown on said plat and on the order or resolution of the Mayor and City Council of said City of Farmer City, and the acceptance of the same by the City Engineer of said City, and if all inspection fees and other fees due the City of Farmer City have been paid, and if the principal on said bond has made good the guarantee of the required improvements, upon the application of the principal or any surety or of any person properly acting on behalf of either of them, then the foregoing bond shall be released by said City of Farmer City. Witness our hands and seals this day of , . (SEAL) Principal Street Address City, State and Zip Code Telephone Number (Area Code) (SEAL) Surety Street Address City, State and Zip Code Telephone Number (Area Code) State of Illinois } ss. County of } I, the undersigned, a Notary Public in and for said County, in the state aforesaid, do hereby certify that personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , . Notary Public
(O) In lieu of the aforesaid bond, the owner or subdivider may provide an escrow account to be held by local bank or local savings and loan association under an escrow agreement. This account shall be equal to the estimate of the cost of the required improvements, including inspection fees, as those required improvements are shown on the plat of subdivision and order or resolution of the Mayor and City Council approving that plat, plus an additional twenty percent (20%) thereof. The escrow agreement shall contain the terms, conditions and provisions hereinafter set forth in the form of the escrow agreement. The escrow agreement shall be in substantially the following form: ESCROW AGREEMENT This agreement is entered into between , hereinafter designated as “Subdivider”, the City of Farmer City, a municipal corporation, hereinafter designated as “City”, and (bank or S & L), hereinafter designated as “escrow agent.”
1. Subdivider hereby deposits, or agrees to immediately deposit, with escrow agent the sum of Dollars ($ ) lawful money of the United States.
2. Escrow agent shall not release any sums of money on deposit with escrow agent to subdivider except upon receipt by escrow agent of a copy of an order or resolution of the Mayor and City Council authorizing such release in the amount stated in such order or resolution, with such copy to be certified by the City Clerk.
3. Subdivider shall:
(a) Carry out, make and perform all specifications and requirements, that is, required improvements, contained in a certain plat of subdivision, known as the subdivision, and in the order or resolution of the Mayor and City Council under date of the day of , , no later than the day of , , or such extension of such time may be granted by the Mayor and City Council of said City.
(b) Guarantee, and does hereby guarantee, such required improvements against faulty materials and workmanship for a period of one year following written acceptance by the City Engineer of City.
(c) Make good on the foregoing guarantee.
(d) Reimburse City for all reasonable inspection fees incurred to insure compliance with the aforesaid requirements established, within thirty (30) days after such inspection fees have been incurred and bill has been submitted to subdivider for same.
(e) Pay all other fees due city under the Subdivision Ordinance of City of Farmer City under any Zoning Ordinance of City, and under any other Ordinance of said City.
4. As subdivider completes each 20% of the required improvements, according to estimated cost, upon acceptance of such portion by the City Engineer of City, the Mayor and City Council, by order or resolution, shall authorize escrow agent to release to subdivider an amount equal to one-sixth (1/6th) of the principal amount initially on deposit with escrow agent. Upon receipt of a certified copy of such order or resolution as aforesaid, escrow agent shall release and pay over to subdivider such amount specified in such order or resolution.
5. Upon the expiration of one year from the completion of the required improvements shown on said plat and on the order or resolution of the Mayor and City Council approving such plat and the acceptance of the same by the City Engineer of the City, and if all inspection fees and other fees due the City have been paid, and if the subdivider has made good the guarantee of the required improvements, upon application of the subdivider or any person properly acting for subdivider, then the Mayor and City Council by order or resolution shall authorize the release of the remaining principal and interest on deposit with escrow agent.
6. Should subdivider fail to perform any of the agreements on such subdivider’s part to be performed as herein specified, then upon application of the City made by its Mayor and City Council, or anyone on their behalf, then escrow agent shall pay over to City any remaining balance of principal and interest on deposit with escrow agent. The certificate of either the City Engineer or City Treasurer of City that subdivider has failed to perform the agreements on his part to be performed as specified herein shall be sufficient proof and sufficient authority to warrant and authorize escrow agent to pay over to City such remaining balance of principal of interest on deposit with escrow agent, and no other proof shall be required.
7. Should such amount as aforesaid be paid over to City as a result of failure of subdivider to perform as aforesaid, then City shall apply such amount received first to any fees due or to become due City and shall apply the remainder toward completing the required improvements. Should such amount be insufficient for the foregoing, then City shall be entitled to recover from subdivider any amounts expended or estimated to be needed to expend for such purposes along with all of City’s expenses, including, but without being limited to, engineer’s fees, attorney’s fees, court costs, and expenses of litigation incurred or to be incurred. The City shall be entitled to, and shall have, a lien upon the land and improvements of said subdivision for all of the foregoing, and for its reasonable attorney’s fees, court costs, and expenses of litigation connected with any foreclosure of such lien, and such lien may be foreclosed in the same way that mort-gages are foreclosed and deficiency judg-ment entered against subdivider for any deficiency balance should said land and improvements prove insufficient to pay all of the foregoing amounts. However, such foreclosure of lien proceedings shall not be exclusive remedy of City, and city may recover from subdivider, or may enforce performance, by any other action available, either in law or equity, and in any such action brought with good and sufficient cause, City shall be entitled to recover from subdivider its attorney’s fees, court costs and expenses of litigation connected with such action, or shall be entitled to recover the same by separate action.
8. This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the respective parties. Witness our hands and seals, this day of , . Subdivider Street Address Municipality, State and Zip Telephone Number (Area Code) City of Farmer City, Illinois, a municipal corporation, By: ATTEST: City Clerk (BANK) By: Its (corporate seal) ATTEST: Its
(P) Any bond or escrow agreement provided for in this chapter shall be caused to be prepared by the subdivider and at subdivider’s expense, shall then be submitted to the City Attorney for approval, and shall then be submitted to the Mayor and City Council for
approval. (Ord. 567, passed 10-15-90) DESIGN STANDARDS
§ 152.35 ESTABLISHMENT.
The following requirements are hereby established as the minimum standards of subdivision design of public improvements required to be constructed or installed in a subdivision. (Ord. 567, passed 10-15-90) § 152.36 STREETS.
(A) A public street or streets shall be provided to afford convenient access to all property within the subdivision. No private street, right-of-way or thoroughfare shall be permitted.
(B) The arrangement, character, extent, width, grade and location of all streets shall be considered in relation to existing and planned streets; reasonable circulation of traffic within the development; topographical conditions; run-off of storm water; public convenience and safety; and in their appropriate relationship to uses in the area to be served.
(C) Minor streets shall be so aligned that their use by through traffic shall be discouraged.
(D) Where, in the opinion of the City Administrator, it is desirable to provide for street access to adjoining property, the proposed streets shall be extended by dedication to the boundary of that property.
(E) The width of the right-of-way on any classification of street shall be 54 feet with the placement of curb lines to provide a minimum width of traveled way of 34 feet, except those streets as may be deemed to be main thoroughfares, which streets may have a greater dedicated width and/or traveled way.
(F) Dead end streets, designed to be so permanently, shall be provided at the closed end with a turn-around having an outside roadway diameter of at least 80 feet, and a street property line diameter of at least 100 feet. These dead end streets shall have a maximum length to be determined by the City Engineer for each proposed subdivision at the time it is submitted for preliminary approval. Dead end streets shall be avoided where practical and none will be permitted where they may interfere with the plan of orderly and efficient flow of traffic within the city.
(G) Curves in streets shall be permitted provided a curve is inserted with a minimum radius of 300 feet for major streets and a minimum of 150 feet for minor streets for all deflections in horizontal center lines in excess of ten degrees.
(H) When any subdivision or part of a subdivision is adjacent to only one side of an existing right-of-way, which is less than the required width, the subdivider shall dedicate additional right-of-way to meet the requirement in accordance with this chapter.
(I) Drainage gradients of streets shall be no less than 0.5% in any case. Street grades shall not exceed 5% on major streets nor 7% on minor streets. Street grades shall be such as to provide natural surface drainage of storm water regardless of the presence of storm sewer facilities. The intent of this requirement is to avoid depressions greater than one foot in depth along any given street profile which will flood in flash storms for which available drainage is inadequate.
(J) Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection of two new streets at an angle of less than 85 degrees shall not be approved. The intersection of more than two streets shall be prohibited.
(K) Proposed new intersection along one side of an existing road or street shall, wherever practical, coincide with any existing intersections on the opposite side of that road or street. Street jogs with centerline offsets of less than 150 feet shall not be permitted, except where the intersected street has separate dual drives without median breaks at either intersection.
(L) Where any street intersection will involve banks or existing vegetation inside any lot corner that would create a traffic hazard of limiting visibility, the developer shall cut ground and/or vegetation, including trees, in connection with the grading of the public right-of-way to the extent deemed necessary to provide adequate sight distance.
(M) The developer shall install standard street name signs at all intersections created by the subdivision. In no case shall the name for proposed streets duplicate existing streets, road, boulevard, drive, place or court or an abbreviation thereof. Street names shall be approved by the City Council.
(N) Street numbering system shall conform to standards approved by the City Council.
(O) At least one street light shall be placed at each street intersection within or abutting the subdivision, with a maximum of 500 feet between lights. Light standards shall be as approved by the City Council, the City Engineer and the local utility company.
(P) The developer is required to furnish easements for utilities and for franchised cable television. These easements shall have a minimum width of ten feet. All utility lines for telephone, electric and cable television service shall be placed in rear-line easements when carried on overhead poles. When telephone, electric, gas and cable television service lines are placed within easements or dedicated public ways, they shall be placed in a manner which will not conflict with other underground services. Further, above ground structures identified with those underground facilities shall be located so as not to be unsightly or hazardous to the public. All drainage and utilities installations which transverse privately-owned property shall be protected by easements.
(Q) The costs of installation of all utilities required by state standards shall be borne by the developer.
(R) Concrete sidewalks shall be provided by the developer along side streets of all subdivisions unless the Council shall determine, by resolution, that those sidewalks are not feasible. All sidewalks shall be four feet in width a minimum thickness of four inches. All sidewalks shall be installed at an elevation three inches higher than the top of the curb immediately adjacent to the sidewalk and slope at 1/4 inch per foot towards the curb. Upon the completion and sale of 75% of a subdivision block, sidewalks must be installed for that block.
(S) All materials and methods of construction of pavement, storm sewers, curbs and gutters, sidewalks and appurtenances shall be in accordance with the latest “Illinois Department of Transportation — Standard Specifications for Road and Bridge Construction”, as amended or revised.
(T) The full width of the public right-of-way shall be graded, including the subgrade of the areas to be paved. The difference in ground elevation between the setback line and the top of the curb immediately adjacent to the setback line shall not exceed two feet.
(U) The street base shall have a minimum thickness of eight inches when thoroughly compacted. This base shall be constructed with Aggregate Base Course Type B (CA-6).
(V) The street surface shall have a minimum thickness of two inches of Bituminous Mixture Complete (I-11).
(W) Streets shall have combination concrete curb and gutter, type M6-12 or approved equivalent as designated in the “Standard Specifications for Road and Bridge Construction.” (Ord. 567, passed 10-15-90)
§ 152.37 STORM SEWERS.
(A) Storm sewers shall be designed and constructed in accordance with applicable portions of the latest “Standard Specifications for Water and Sewer Main Construction in Illinois,” as amended or revised and “Standard Specifications for Road and Bridge Construction.” The storm sewers shall be approved by the City Engineer. (B) Storm sewer inlets shall be Neenah R-3067 or an approved equal.
(C) Storm sewer manhole casting shall be of the non-rocking type.
(D) Adequate provision shall be made in the subdivision for storm or flood water run-off channels, basins or sewers. (Ord. 567, passed 10-15-90)
§ 152.38 SANITARY SEWERS.
(A) Sanitary sewers shall be designed and constructed in accordance with applicable portions of the latest “Standard Specifications for Water and Sewer Main Construction in Illinois” as amended or revised. Those sanitary sewers shall be as approved by the City Engineer. Copies of the IEPA permit applications WPC-PS-1 and their appropriate schedules shall be approved by the City Engineer prior to submittal to the IEPA.
(B) Sanitary manhole castings shall have concealed pickholes, with non-rocking lids.
(C) Sanitary sewer lines shall be installed to serve all properties in the subdivision.
(D) House services shall be installed to the property line of each lot.
(E) The developer is responsible for furnishing the city an accurate map showing the exact location and depth of all house services.
(F) No sanitary sewer mains will be allowed to hook up to the existing sewer system until such time as the new installation has passed an air pressure test and the new system is accepted by the city. The sanitary sewer shall be filled with air to approximately 3.5 p.s.i. and allowed no more than 1 p.s.i. drop for a given period of time which varies with the distance being tested.
(G) No ABS nor PVC sanitary sewer mains will be allowed to hook up to the existing sewer system until such time as the new installation has passed a deflection test and the new system is accepted by the city. Deflection of the Polyvinyl Chloride (PVC) pipe and the Acrylonitrile-Butadiene-Styrene (ABS) composite pipe shall not exceed 5.0%. (Ord. 567, passed 10-15-90) Penalty, see § 152.99
§ 152.39 WATER SUPPLY.
(A) The water supply system shall be designed and constructed in accordance with applicable portions of the latest “Standard Specifications for Water and Sewer Main Construction in Illinois” as amended or revised. The water supply system shall be approved by the City Engineer. Copies of the appropriate IEPA Division of Public Water Supplies permit applications shall be approved by the City Engineer prior to submittal to the IEPA.
(B) The water mains, fittings, valves and hydrants with valves, shall have a minimum inside diameter of six inches.
(C) A P.V.C. water main shall be allowed as long as it conforms to ASTM D 1784 rated at 160 p.s.i. working pressure, with bell ring joints.
(D) All P.V.C. pipe and fittings shall have a minimum S.D.R. 37.
(E) The developer is responsible for furnishing and installing shut off valves at all street intersections and water main intersections for the purpose of isolating individual portions of the distribution system. The arrangement of those shut off valves shall be as approved by the City Engineer.
(F) The developer is responsible for furnishing and installing fire hydrants with valves. The cost of the furnished hydrants with valves shall be borne by the developer. The fire hydrants shall be installed at intervals of no more than 500 feet. Hydrants shall also be installed at all dead-ends of future main extensions for the purpose of flushing the mains. Hydrants shall also be installed at the closed end of each cul-de-sac. All fire hydrants shall be as approved by the City Engineer.
(G) Water mains shall be extended by the developer to the far edge of the last lot in the subdivision in order to facilitate the extension of the main in the event of further subdividing.
(H) House services shall be installed for each lot. The house service shall be one-inch type k copper pipe installed according to the “Standard Specifications for Water and Sewer Main Construction in Illinois.”
(I) Water main shall be installed to a minimum depth of five feet measured from the existing ground surface or established grade to the top of the barrel of the pipe. (J) All new water main shall undergo a pressure and leakage test. The developer is responsible for furnishing copies to the City Engineer of those tests. The city will not accept any new water mains until all new installations satisfactorily pass those tests.
(K) Any sanitary sewer or storm sewer manhole shall be located at least ten feet horizontally from water mains, whenever possible; the distance shall be measured from edge to edge. Water mains crossing house sewers, storm sewers or sanitary sewers crossing water mains shall be laid to provide a separation of at least 18 inches between the bottom of the water main and the top of the sewer. (Ord. 567, passed 10-15-90) Penalty, see § 152.99
§ 152.40 MONUMENTS.
Metal monuments a minimum of 24 inches in length shall be placed in the ground at all lot corners, intersections of streets, intersections of streets and alleys with platted boundary lines and at all points on street, alley and boundary lines where there is a change in direction or curvature. All monuments shall be properly set in the ground before the streets and alleys are accepted by the city. (Ord. 567, passed 10-15-90)
§ 152.41 REQUIREMENTS GENERALLY.
(A) Where sanitary sewer or water facilities are made larger than is immediately required to serve the land described in the final plat, due to the necessity of serving adjacent and/or presently vacant property as it shall be developed in the future by others, the subdivider shall be determined by the City Council.
(B) Lot sizes shall be in accordance with the zoning ordinance.
(C) Where the development of residences within a subdivision could result, in the opinion of the Mayor and City Council, in a substantial increase in school population within schools serving school children of the city or in an overcrowding of existing park and recreation facilities within the city or within territory included within a comprehensive plan of the city, the Mayor and City Council may require that land be set aside for school facilities within the subdivision as a condition of approval of the final plat.
(D) In all subdivisions, due regard shall be given to the preservation of natural features such as large trees, water courses, historical and similar features.
(E) Where a residential subdivision adjoins a railroad right-of-way, a waterway, an industrial area, a business area or other land use which would have a depreciating effect on the residential use of the property, a buffer planting strip five feet in width and suitably planted to form a screen and/or fence may be required by the Mayor and City Council.
(F) In cases of preliminary plans for parts of tracts, where it appears necessary to the City Council for the satisfactory over-all development of an area, an owner shall be required to prepare a plan of utilities and streets for his entire tract based upon proper topographic surveys before approval of any portions of that plan is rendered.
(G) The Mayor and City Council, as a condition to approval of the final plat of a subdivision, may make reasonable requirements as to lot orientation, building orientation and direction of street system so as to provide access to solar energy by residents or occupants of nearby property. As to the subdivision of any multi-unit structure, the design of that multi-unit structure shall be such as not to unreasonably restrict access to sunlight and solar energy by owners or occupants of nearly property. (H) As to any plat of survey of a condominium, the declaration of condominium shall be submitted at the same time as the plat and in the same number of copies as is elsewhere required by this chapter. The plat and declaration shall be in accordance with the provisions of the Illinois Condominium Property Act. The declaration, in order to avoid any complications that might arise by virtue of encroachment of a part of the common elements upon the unit area, and vice versa, caused by settling or shifting of the structure, should contain mutual covenants granting easements for the maintenance of those encroachments as long as the property is owned by the condominium. In this connection, any easements or rights granted in the declaration should be declared as appurtenant, running with the land and for the benefit of and binding upon all present and future owners, purchasers, mortgagees and other persons having an interest in the property.
(I) Where a development is traversed by a stream or drainage course, sufficient right-of-way adjacent to and including such topographic feature shall be dedicated for public use to allow for at least 15 feet in width on both sides of the defined stream or drainage course. All data required of the topographic feature shall be provided by the subdivider.
(J) Sanitary sewers and water supply mains, as required under this chapter, shall not be tied into or connected to storm, sanitary and water supply systems of the city unless the subdivision shall have been annexed to or is a part of the city. (Ord. 567, passed 10-15-90) Penalty, see § 152.99
§ 152.50 VARIANCES; EXCEPTIONS.
(A) Where the City Council finds that extraordinary hardship or particular difficulties may result from strict compliance with the regulations contained in this chapter, it may recommend the allowance of variances or exceptions to such regulations so that substantial justice may be done and the public interest secured; however, that variance or exception shall not have the effect of nullifying the intent and purpose of this chapter; and further provided, that the City Council shall not recommend the allowance of variances or exceptions to the regulations of this chapter unless it shall make findings based upon the evidence presented before it in each specific case that:
(1) Because of the particular physical surrounding, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from an inconvenience, if the strict letter of the regulations were carried out;
(2) The conditions upon which the request for a variance or exception is based are unique to the property for which the variance or exception is sought and are not applicable, generally, to other property.
(3) The purpose of the variance or exception is not based exclusively upon a desire to make more money out of the property; and
(4) The granting of the variance or exception will not be detrimental to public health, safety or general welfare or injurious to other property or improvements in the neighborhood in which the property is located.
(B) In its recommendations on variances and exceptions, the City Council may recommend the imposition of those conditions as will aid, in its judgment, the promotion of the objectives of the standards or requirements which it recommends be varied or modified.
(C) Upon considering the recommendations of the City Council, and its reasons for the same, the Mayor and City Council may grant, in whole or in part, the variances or exception recommended and any such conditions, as is the judgment of the Mayor and City Council; as will aid in the standards or requirements which it authorizes to be varied and modified. (Ord. 567, passed 10-15-90)
§ 152.51 INSPECTIONS AND ENGINEER CERTIFICATION.
All required public improvements to be installed under this chapter shall be supervised and inspected during the course of construction by the City Engineer and/or other qualified and authorized employees of the city. The subdivider shall bear the costs of all those inspections. Final acceptance by the city will be contingent on the subdivider’s consulting engineer certifying in writing that this subdivision and improvements have been constructed in accordance with plans, specifications and city ordinances and final approval by the City Engineer, in writing. (Ord. 567, passed 10-15-90)
§ 152.52 RESPONSIBILITIES OF CITY COUNCIL ON SUBDIVISION CONTROL.
The City Council is hereby vested with the following responsibilities, duties and powers in regard to subdivision control.
(A) The City Council shall review all preliminary subdivision plats, final subdivision plats, applications for approval, and accompanying documents to assure compliance with this chapter; with the zoning ordinance; with other ordinances of this city; with Section 13 of “An Act to Revise the Law in Relation to Recorders,” approved March 9,1874, as amended (Ill. Rev. Stat. Ch. 115, § 13) with Section 11-12-8 of the Illinois Municipal Code; with “An Act to Revise the Law in Relation to Plats,” approved March 21, 1874, as amended (ILCS Ch. 765); and with other statutes of the state and laws of the United States. It shall also review any report of the City Engineer with reference to such subdivision or any plat thereof and shall consider any recommendations with reference to that subdivision or the plat thereof made by the City Administrator.
(B) Should a subdivider wish to consult with the City Council to obtain preliminary determinations of the City Council in regard to a central platting features affecting his property prior to the preparation of detailed plans, the City Council shall meet and consult with the subdivider.
(C) In the examination of subdivision plats and accompanying documents, the City Council will take into consideration the requirements of the community, the best use of the land being subdivided and whether or not the subdivision as proposed is in accord with any comprehensive plan adopted by the city. Particular attention will be given to the width and location of streets, suitable sanitary utilities, surface drainage, lot sizes and arrangements as well as local requirements for parks, streets, schools, recreation sites and/or other public uses.
(D) The City Council may prohibit subdivision of any portion of the property which lies within the flood plain of any stream or drainage course when it deems the same necessary for the health, comfort, safety or general welfare of the present or future population of the area and necessary to the conservation of water or to the protection of drainage sources of sanitary or sanitary facilities. The areas referred to in this division shall be preserved by the subdivider from any and all destruction or damage from clearing, grading or dumping of earth, waste materials or stumps during the course of adjacent building or development operations.
(E) The City Council shall approve or disapprove the preliminary plat of a subdivision and accompanying documents within the time and in the manner provided in § 152.22.
(F) The City Council, through the City Administrator and otherwise, shall check on and oversee all subdivisions as the same are being developed; shall endeavor to secure compliance with this chapter, with the requirements contained in any plat of subdivision or order or resolution of the Mayor and City Council approving the subdivision, with any performance bond or escrow agreement entered into by the subdivider, and shall call attention of the subdivider to any violations of this chapter, of the aforesaid requirements, and of any performance bond or escrow agreement.
(G) The City Council has the authority to direct the City Administrator, where that officer has reasonable grounds to believe that a violation of this chapter to file a complaint for such violation with the assistance of the City Attorney. The City Administrator with or without such direction shall have the authority to file complaints for violations of this chapter for which a penalty is provided in this chapter when that officer has reasonable grounds to believe that such violation has occurred.
(H) Where the City Council has reasonable grounds to believe that legal action should be taken, other than the filing of a complaint for a penalty provided in this chapter, in order to enforce compliance with this chapter and carry out the purposes of this chapter, the City Council shall call for such legal action.
(I) The City council shall have such additional powers as shall be necessary, proper or reasonable to carry out and perform any of its duties, responsibilities, powers and authority with reference to subdivision control. (Ord. 567, passed 10-15-90)
§ 152.53 ACTIONS TO RESTRAIN OR ABATE VIOLATIONS.
(A) In addition to any penalty provided for in this chapter, this city may institute any appropriate action or proceedings to enjoin, restrain, correct or abate any violation of this chapter, or to compel compliance with the provisions thereof, or to prohibit the conveyance of any lot in or parcel of any subdivision which is the subject of any violation of this chapter, or to recover either actual or exemplary damages, or both, for a violation of this chapter.
(B) If in any action or proceedings instituted as above set forth, the party or parties’ defendant is or are found to have violated any provision of violation of this chapter as alleged in the complaint instituting such action or proceedings, then this city shall further be entitled to recover from that party or parties’ defendant its attorneys fees, court costs and expenses of litigation reasonably incurred in connection with such actions or proceedings as additional damages in that action or proceedings. If for any reason the attorney’s fees, court costs and expenses of litigation are not included in the court’s judgment in such action or proceedings to be recovered by this city, then this city shall have the right to recover the same by separate action.
(C) The failure of this city to institute any action or proceedings as above set forth, or to seek a penalty for violation of this chapter, shall not, in any way, condone, authorize or permit any violation or this chapter.
(D) Any person, who would be considered a party in interest, without cost to this city, may institute any appropriate action or proceedings, either in his own name or on behalf of and as representative of a class action suits, to enjoin, restrain, correct or abate any violations of this chapter, or to compel compliance with the provisions thereof, or to prohibit the conveyance of any lot in or parcel of any subdivision which is the subject of a violation of this chapter, or to recover either actual or exemplary damages, or both, for a violation of this chapter. (Ord. 567, passed 10-15-90)
§ 152.98 VIOLATIONS.
(A) No map or plat of any subdivision affecting land or buildings within the corporate limits of this city shall be presented to the office of County Recorder of Deeds, for recording until that map or plat of subdivision has received the final approval of the Mayor and City Council and any required bond has been posted and approved or required escrow agreement has been entered into, unless there has been an order of court directing such recording. After the adoption by the Mayor and City Council and the effective date of a comprehensive plan for the present and future development of this city and official map that includes territory contiguous to this city which is not more than 1½ miles beyond the corporate limits of this city and included within such comprehensive plan and official map shall be presented to the office of County Recorder of Deeds, for recording until that map or plat of subdivision has received final approval of the Mayor and City Council of this City and any required bond has been posted and approved or required escrow agreement has been entered into, unless there has been an order of court directing such recording.
(B) No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall convey or sell such parcel until a final plat of that subdivision has received the final approval of the Mayor and City Council and any required bond has been posted and approved or required escrow agreement has been entered into and until such final plat has been filed with the County Recorder of Deeds.
(C) No person shall subdivide any land, or lot or parcel thereof, for purposes of sale, conveyance or lease, by the use of a metes and bounds description with the intent of evading this chapter.
(D) No building permit shall be issued for the construction of any building located on a lot, plot or parcel of land subdivided, sold or conveyed in violation of the requirements and regulations of this chapter. (Ord. 567, passed 10-15-90) Penalty, see § 152.99
§ 152.99 PENALTY.
Any person violating any of the provisions of this chapter shall be fined not less than $100 and not more than $500. (Ord. 567, passed 10-15-90)
