CHAPTER 150: DRILLING OF WELLS FOR PETROLEUM AND GAS
Section
GENERAL PROVISIONS
§ 150.01 PURPOSE.
The protection of the lives of persons and property within the city and the protection of the public health, and protection from fire, gas explosions and other hazards dangerous to the public peace, health and safety, and the prevention of nuisances, requires the regulation of operations for the drilling and operation of wells, pipelines and other equipment for the production of petroleum and gas, and that for the preservation of the pubic peace, health and safety of the city and the inhabitants thereof, an emergency is hereby declared to exist. (Ord. 363, passed 6-21-65)
§ 150.02 COMPLIANCE WITH ORDINANCES AND LAWS.
In the drilling of any well or wells within the corporate limits of the city all ordinances and laws of said city in respect thereto shall be strictly followed and complied with and for the purpose of enforcing the provisions of such ordinances and laws and for the prevention of fires, explosions and other dangerous hazards, full authority for the enforcement of such rules and regulations is hereby vested in the City Council and the Police Department of the city. (Ord. 363, passed 6-21-65)
PERMIT PROVISIONS
§ 150.15 REQUIRED. It shall be unlawful and an offense for any person firm, or corporation either for himself or acting as an agent, employee or servant of any other person, firm or corporation, to engage in any work or to erect any structures, tanks, machinery, pipelines, or other appurtenances, incident to the drilling for or production of petroleum or natural gas or to operate, maintain, or permit to exist any equipment, structures or appurtenances incident to such production or to use or maintain any property or premises within the corporation limits of the city without first having been issued a permit or complying with all if the terms and conditions as provided in this chapter. (Ord. 363, passed 6-21-65) Penalty, see § 150.99
(A) (1) Before any permit for the drilling of a petroleum or gas well is issued, a written application therefor, signed by the applicant or some duly authorized person in his, her or its behalf, shall be filed with the City Clerk.
(2) The application shall state the name and address of the applicant, the location where the proposed well will be drilled and the formation to which the well will be drilled, and there shall be attached to the application a plat showing the shape and size of the drilling tract, the separate tracts or parcels of land comprising the tract and the proposed location of the well to be drilled. Wells shall be located as near the center of the unit as is practical and the circumstances permit.
(3) There shall also be attached to the application a list of all oil and gas leases or contracts with the owners of property within the drilling unit, the name and last known address of the owners of such oil and gas leases or contracts and the names and last known addresses of the owners of property situated within the drilling unit which have not been leased for oil and gas, or upon which there are no oil and gas leases or other contracts shown of record in the county.
(4) The fee for the issuance of a permit shall be $25 and each application shall be accompanied by a certified or cashiers check in that amount payable to the City Treasurer.
(5) If the application show that the applicant is not the owner of oil and gas leases or contracts covering all of the lands within the drilling tract, the applicant shall also file with the application a statement of the estimated cost of drilling, completing and equipping an oil and gas well on the unit. The application shall be duly verified before an official authorized to administer oaths in the state.
(Ord. 363, passed 6-21-65) § 150.18 GRANTING OF PERMIT. If the application, together with the exhibits attached thereto shows that the applicant is the owner of, or has under contract or lease all of the property within the unit and if the unit contains at least ten acres approximately in the form of a quare, the City Council shall grant a permit for the drilling of the well, provided the applicant has complied with all of the requirements of this chapter and any other ordinance of the city in relation to the drilling of petroleum and gas well. (Ord. 363, passed 6-21-65) § 150.19 HEARINGS ON APPLICATION.
(A) In the event that it appears that the applicant does not own leases for oil and gas or contracts concerning the same, covering all of the land within the unit, or if the drilling tract or unit does not contain at least ten acres or if the tract or unit is not square in shape, the City Clerk shall set a time and place for a hearing upon such application. The hearing shall be held not less than ten nor more than 20 days from the date of filing the application and notice of the hearing shall be given by the City Clerk by mail to the Mayor and each member of the City Council, and to the owners of any unleased land within the unit, and to the owners of oil and gas leases or contracts covering property within the unit as shown by the application. Such notice shall be so mailed at least ten days before such hearing. Copies of such notice shall also be posted in at least five public places in the city at least ten days before such hearing. The notice shall state the time and place od hearing, the name and address of the applicant and the approximate area and location of the proposed unit. The application and exhibits attached thereto shall be available for public inspection at the office of the City Clerk at a reasonable time before the hearing.
(B) At any time before the hearing any other owner or owners of oil and gas leases in the drilling tract or any owners of property within the drilling tract may file applications for a permit to drill in the unit.
(C) At the time and place fixed by the City Clerk, the City Council shall conduct a hearing on such application and all persons interested shall be given an opportunity to be heard. All witnesses shall be examined under oath and a transcript of the evidence shall be taken and filed with the City Clerk. The cost of the hearing and transcript shall be paid by the person, firm or corporation to whom a permit is granted and shall be paid before the permit is issued.
(D) The City Council shall decide whether or not the applicant, or which one of the applicants, is entitled to a permit. Preference shall be given to the applicant who has the greater portion of the area of the unit under lease. If the applicant does not have all of the land within the unit under lease or other contract, the City Council shall determine whether the estimated cost of drilling, completing and equipping the proposed well is reasonable, and if not, the City Council shall determine the sum which in its opinion is the reasonable estimated cost of these items.
(E) If a permit is granted, a notice of the decision of the City Council shall be given by the City Clerk by mail to the owners of land within the unit which is not leased for oil and gas and to the owners of oil and gas leases or contracts covering land within the unit, other than the applicant to whom the permit is issued. The $25 fee deposited by any applicant to whom a permit is not issued shall be returned to him.
(F) If a permit is issued to an applicant who does not have all of the property within the unit under lease or other contract to produce oil and gas therefrom, then the estimated reasonable cost of drilling, completing and equipping the well as determined by the City Council shall be set forth in the notice of the decision of the City Council and each addressee shall be advised to deposit his or its proportionate part of such estimated reasonable cost with the City Treasurer within ten days of the date of mailing of the notice if they desire to participate in all of the oil and gas produced from the unit. Failure on the part of any owner of property within the unit whose property is not under lease or other contract, and failure on the part of the owner of any lease or other contract covering property in the unit, other than the one to whom a permit is granted, to deposit his or its proportionate part of the estimated reasonable cost of drilling, completing and equipping the well within ten days after the date of mailing such notice shall be deemed to be an election not to participate in the produce of all of the oil and gas produced from the unit. Whether or not the owners of property lying within the unit, elect to participate in the cost of drilling, completing and equipping such well, such owners of property shall be entitled to receive their proportionate part of one-eighth royalty for oil and gas produced, saved and marketed from such well free and clear of any cost, except taxes which may accrue to such one-eighth interest.
(G) If sums are deposited with the City Treasurer for the proportionate part of the cost of drilling, completing and equipping a well as herein provided, the permittee shall, upon furnishing to the City Treasurer receipted bills showing the actual cost of drilling the well, receive such proportionate part of the deposited sum as shall be due the permittee for such sums advanced by him. If the well is abandoned and plugged at that point, the remaining sums in the hands of the City Treasurer shall be repaid to the parties who deposited them. If the well is completed and equipped, upon presentation to the City Treasurer of receipted bills for the completion and equipment expenses by the permittee, the proportionate part of such costs shall be paid to the permittee from the funds in the hands of the City Treasurer. In the event that there is then left in the hands of the City Treasurer any sum, it shall be refunded to the person who deposited the same.
(Ord. 363, passed 6-21-65) § 150.20 BOND REQUIRED. No permit for the drilling of any such well shall be issued until the applicant shall have file with the City Clerk good and sufficient bond in the amount of $5,000 issued by a bonding or an indemnity company authorized to do business in this state, payable to the People of the State of Illinois, for the use of any person interested and conditioned that the applicant or his or hits assigns will comply with all of the terms and conditions of this chapter in the drilling of a well as herein provided and that all drilling sites will be leveled and restored to their former condition and that all litter, machinery, derricks, buildings and other structures and equipment will be cleared and removed from the premises as soon as the same are no longer needed in connection with the drilling of the well or the production of oil or gas therefrom. (Ord. 363, passed 6-21-65)
(A) It shall be unlawful and an offense for any person, firm or corporation, either as principal or agent, to make any excavation in any part of the streets, alleys, highways, sidewalks or other public property, for the purpose of drilling any well or for the purpose of laying or installing any pipe lines in or upon such property without first having obtained a permit from the City Council so to do.
(B) The applicant for such permit shall file with the City Clerk a plat showing in detail the size and exact location of such proposed excavation and the purpose for which the same will be made, and if for the laying of pipelines, the size of the pipeline, the purpose for which it will be used and the depth at which such line will be buried. Upon the granting of any such permit, the City Council may require the permittee to furnish a proper bond or to place in escrow a sufficient sum of money for the payment of any damages which are likely to accrue on account of such excavation and for the faithful performance by the permittee of his agreement to restore the land to the same or as good condition as it was prior to such excavation.
(C) The City Council may also require payment from such permittee of an annual fee or rental so long as such excavation or such pipeline is in use.
(Ord. 363, passed 6-21-65) Penalty, see § 150.99
STANDARDS OF OPERATIONS
§ 150.35 PUMPING UNITS TO BE PLACED ON ELECTRICAL OPERATION. Any and all pumping units installed on any well for the production of oil or gas shall be placed on electrical operation within 30 days of such additional time as may be granted by the City Council upon application of the operator, and same shall be housed, fenced, or otherwise enclosed to protect the public from them. (Ord. 363, passed 6-21-65) Penalty, see § 150.99
CHAPTER 151: FLOOD DAMAGE PREVENTION
(A) To prevent unwise developments from increasing flood or drainage hazards to others;
(B) To protect new buildings and major improvements to buildings from flood damage;
(C) To promote and protect the public health, safety, and general welfare of the citizens from the hazards of flooding;
(D) To lessen the burden on the taxpayer for flood control, repairs to public facilities and utilities, and flood rescue and relief operations;
(E) To maintain property values and a stable tax base by minimizing the potential for creating blight areas;
(F) To make federally subsidized flood insurance available; and
(G) To preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
(Ord. 840, passed 8-6-07) § 151.02 DEFINITIONS. For the purposes of this chapter, the following definitions are adopted: BASE FLOOD. The flood having a 1% probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year flood. The base flood elevation at any location is as defined in § 151.11. BASE FLOOD ELEVATION (BFE). The elevation in relation to mean sea level of the crest of the base flood. BASEMENT. That portion of a building having its floor sub-grade (below ground level) on all sides. BUILDING. A walled and roofed structure, including gas or liquid storage tank, that is principally above ground, including manufactured homes, prefabricated buildings and gas or liquid storage tanks. The term also includes recreational vehicles and travel trailers installed on a site for more than 180 days per year. CRITICAL FACILITY. Any facility that is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to these critical facilities can impact the delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk. Examples of critical facilities where flood protection should be required include: emergency services facilities (such as fire and police stations), schools, hospitals, retirement homes and senior care facilities, major roads and bridges, critical utility sites (telephone switching stations or electrical transformers, and hazardous material storage facilities (chemicals, petrochemicals, hazardous or toxic substances).
(a) Demolition, construction, reconstruction, repair, placement of a building, or any structural alteration to a building;
(b) Substantial improvement of an existing building;
(c) Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days per year;
(d) Installation of utilities, construction of roads, bridges, culverts or similar projects;
(e) Construction or erection of levees, dams, walls or fences;
(f) Drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface;
(g) Storage of materials including the placement of gas and liquid storage tanks, and channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters.
(2) DEVELOPMENT does not include routine maintenance of existing buildings and facilities, resurfacing roads, or gardening, plowing, and similar practices that do not involve filing, grading, or construction of levees. FEMA. Federal Emergency Management Agency. FLOOD. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source. FLOOD FRINGE. That portion of the floodplain outside of the regulatory floodway. FLOOD INSURANCE RATE MAP. A map prepared by the Federal Emergency Management Agency that depicts the floodplain or special flood hazard area (SFHA) within a community. This map includes insurance rate zones and may or may not depict floodways and show base flood elevations. FLOOD INSURANCE STUDY. An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations. FLOODPLAIN and SPECIAL FLOOD HAZARD AREA (SFHA). These two terms are synonymous. Those lands within the jurisdiction of the city, the extraterritorial jurisdiction of the city, or that may be annexed into the city, that are subject to inundation by the base flood. The floodplains of the city are generally identified as such on panel numbers 120, 140, 260 and 280 of the countywide Flood Insurance Rate Map of DeWitt County, prepared by the Federal Emergency Management Agency with the effective date of November 2, 2007. Floodplain also includes those areas of known flooding as identified by the community. The floodplains of those parts of unincorporated DeWitt County that are within the extraterritorial jurisdiction of the city or that may be annexed into the city are generally identified as such on the Flood Insurance Rate Map prepared for DeWitt County by the Federal Emergency Management Agency with the effective date November 2, 2007. FLOODPROOFING. Any combination of structural or nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate, property and their contents. FLOODPROOFING CERTIFICATE. A form published by the Federal Emergency Management Agency that is used to certify that a building has been designed and constructed to be structurally dry flood proofed to the flood protection elevation. FLOOD PROTECTION ELEVATION (FPE). The elevation of the base flood plus one foot of freeboard at any given location in the floodplain. FLOODWAY. Those portions of the floodplain required to store and convey the base flood. The floodway for the floodplains of Salt Creek and Salt Creek Tributary shall be as delineated on the countywide Flood Insurance Rate Map of DeWitt County prepared by FEMA with the effective date of November 2, 2007. The floodways for each of the remaining floodplains of the city shall be according to the best data available from the federal, state, or other sources.
FLOOD HAZARD REDUCTION
§ 151.11 BASE FLOOD ELEVATION. This chapter’s protection standard is the base flood. The best available base flood data are listed below. Whenever a party disagrees with the best available data, the party shall finance the detailed engineering study needed to replace the existing data with better data and submit it to the FEMA and IDNR/OWR for approval prior to any development of the site.
(A) The base flood elevation for the floodplains of Salt Creek and Salt Creek Tributary shall be as delineated on the 100-year flood profiles in the countywide Flood Insurance Study of DeWitt County prepared by the Federal Emergency Management Agency.
(B) The base flood elevation for each floodplain delineated as an AH Zone or AO Zone shall be that elevation (or depth) delineated on the countywide Flood Insurance Rate Map of DeWitt County and dated November 2, 2007.
(C) The base flood elevation for each of the remaining floodplains delineated as an A Zone on the countywide Flood Insurance Rate Map of DeWitt County shall be according to the best data available from federal, state or sources. Should no other data exist, the applicant must finance an engineering study to determine base flood elevations.
(D) The base flood elevation for the floodplains of those parts of unincorporated DeWitt County that are within the extraterritorial jurisdiction of the city, or that may be annexed into the city, shall be as delineated on the 100-year flood profiles in the Flood Insurance Study of DeWitt County prepared by the Federal Emergency Management Agency and dated November 2, 2007.
(Ord. 840, passed 8-6-07) § 151.12 PREVENTING INCREASED FLOOD DAMAGES. Within any floodway identified on the countywide Flood Insurance Rate Map, and within all other floodplains where a floodway has not been delineated, the following standards shall apply: (A) Except as provided in division (B) of this section, no development shall be allowed which, acting in combination with existing and anticipated development will cause any increase in flood heights or velocities or threat to public health and safety. The following specific development activities shall be considered as meeting this requirement:
(a) The crossing will not result in an increase in water surface profile elevation in excess of 1.0 feet;
(b) The crossing will not result in an increase in water surface profile elevation in excess of one-half (0.5) feet at a point 1,000 feet upstream of the proposed structure;
(c) There are no buildings in the area impacted by the increases in water surface profile;
(d) The proposed bridge or culvert crossing will not involve straightening, enlarging, or relocating the existing channel;
(e) The design must be certified by a licensed professional engineer in the state and the designs must meet the conditions of an IDNR/OWR permit; and
(f) The design must be certified by a second licensed professional engineer.
(2) Aerial utility crossings meeting the following conditions of IDNR/OWR Statewide Permit Number 4:
(a) The utility line must be constructed above the existing 100-year flood elevation or attached to an existing bridge;
(b) A utility line attached to an existing bridge shall be constructed above the low cord elevation of the bridge;
(c) No supporting towers or poles shall be located in a river, lake or stream;
(d) Supporting towers including foundation and poles shall be designed and located so as to not cause an obstruction of flood flows by trapping debris;
(e) All disturbed areas shall be returned to pre-construction grades and re-vegetated; and
(f) All Illinois Commerce Commission, National Electrical Safety Code, and federal requirements must be met.
(3) Minor boat docks meeting the following conditions of IDNR/OWR Statewide Permit Number 5:
(a) The boat dock must not extend more than 50 feet into a waterway and no more than one-quarter of the width of the waterway and shall not extend beyond the navigational limited established by the IDNR and Corps of Engineers;
(b) The width of the boat dock shall not be more than ten feet;
(c) For L-Shaped or T-shaped docks, the length of that portion parallel to the shoreline must not exceed 50% of the landowner’s shoreline frontage nor 50 feet;
(d) Docks must be aligned so as not to cross the projection of property lines into the waterway or come within ten feet of the projected property line;
(e) Dock posts must be marked by reflective devices;
(f) The boat dock must be securely anchored to prevent detachment during times of high wind or water;
(g) Metal drums or containers may not be used as buoyancy units unless they are filled with floatation foam. Containers, which previously stored pesticides, herbicides, or any other toxic chemicals, are not permissible;
(h) This permit does not authorize any other related construction activity such as shore protection or fill;
(i) Non-floating boat docks must be constructed in a manner which will minimize obstruction to flow; and
(j) At any future date, the permittee must agree to make necessary modifications to the dock as determined by the IDNR or Corp of Engineers
(4) Minor, non-obstructive activities meeting the following conditions of IDNR/OWR Statewide Permit Number 6. The following activities (not involving fill or positive change in grade) are covered by this permit:
(a) The construction of underground utility lines, wells, or septic tanks not crossing a lake or stream;
(b) The construction of light poles, sign posts, and similar structures;
(c) The construction of sidewalks, driveways, athletic fields (excluding fences), patios, and similar structures;
(d) The construction of properly anchored, unwalled, open structures such as playground equipment, pavilions, and carports;
(e) The placement of properly anchored buildings not exceeding 70 square feet in size, or ten square feet in any dimension. Only one such building on a property is authorized by this statewide permit; and
(f) The raising of existing buildings, provided no changes are made to the outside dimensions of the building and the placement of fill is not involved.
(5) Outfall structures and drainage ditch outlets meeting the following conditions of IDNR/OWR Statewide Permit Number 7:
(a) Any outfall structure, including any headwall or end-section, shall not extend riverward or lakeward of the existing adjacent natural bank slope or adjacent bank protection;
(b) The velocity of the discharge shall not exceed the scour velocity of the channel soil, unless channel erosion would be prevented by the use of riprap or other design measures;
(c) Outlets from drainage ditches shall not be opened to a stream until the ditch is vegetated or otherwise stabilized to minimize stream sedimentation; and
(d) Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including the stream banks, shall be restored to their original contours and seeded or otherwise stabilized upon completion of construction.
(6) Underground pipeline and utility crossings meeting the conditions of IDNR/OWR Statewide Permit Number 8:
(a) In all cases, the crossing shall be placed beneath the bed of the river, lake or stream and, unless the crossing is encased in concrete or entrenched in bedrock, a minimum of three feet of cover shall be provided. The river, lake or stream bed shall be returned to its original condition;
(b) Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including stream banks, shall be restored to their original contours and seeded or otherwise stabilized upon completion of construction;
(c) Any utility crossing carrying material that may cause water pollution, as defined by the Environmental Protection Act (ILCS Ch. 415, Act 5), shall be provided with shut-off valves on each side of the body of water to be crossed; and
(d) If blasting is to be utilized in the construction of the crossing, the permittee shall notify the IDNR/OWR at least ten days prior to the blasting date to allow monitoring of any related fish kills.
(7) Bank stabilization projects meeting the conditions of IDNR/OWR Statewide Permit Number 9:
(a) Only the following materials may be utilized in urban areas: stone and concrete riprap, steel sheet piling, cellular blocks, fabric-formed concrete, gabion baskets, rock and wire mattresses, sand/cement filled bags, geotechnical fabric materials, natural vegetation and treated timber. Urban areas are defined as: areas of the state where residential, commercial, or industrial development currently exists or, based on land use plans or controls, is expected to occur within ten years. (The Department should be consulted if there is a question of whether or not an area is considered urban);
(b) In addition to the materials listed above, other materials (e.g. tire revetments) may be utilized in rural areas provided all other conditions of this permit are met;
(c) The following materials shall not be used in any case: auto bodies, garbage or debris, scrap lumber, metal refuse, roofing materials, asphalt or other bituminous materials, or any material which would cause water pollution as defined by the Environmental Protection Act (ILCS Ch. 415, Act 5);
(d) The affected length of shoreline, stream bank, or channel to be protected shall not exceed, either singularly or cumulatively, 1,000 feet;
(e) All material utilized shall be properly sized or anchored to resist anticipated forces of current and wave action;
(f) Materials shall be placed in a way that would not cause erosion or the accumulation of debris on properties adjacent to or opposite the project;
(g) Materials shall not be placed higher than the existing top of the bank;
(h) Materials shall be placed so that the modified bank full-width and cross-sectional area of the channel will conform to or be no more restrictive than that of the natural channel upstream and downstream of the site;
(i) For projects involving continuous placement of riprap along the bank, toe of the bank or other similar applications, in no case shall the cross-sectional area of the natural channel be reduced by more than 10% nor the volume of material placed exceed two cubic yards per lineal foot of the stream bank or shoreline. The bank may be graded to obtain a flatter slope and to lessen the quantity of material required;
(j) If broken concrete is used, all protruding materials such as reinforcing rods shall be cut flush with the surface of the concrete and removed from the construction area;
(k) Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed areas shall be seeded or otherwise stabilized upon completion of construction;
(l) In the case of seawalls and gabion structures on lakes, the structure shall be constructed at or landward of the water line as determined by the normal pool elevation, unless: it is constructed in alignment with an existing seawall(s) or gabion structure(s), and the volume of material placed, including the structure, would not exceed two cubic yards per lineal foot; and
(m) Excess material excavated during the construction of the bank or shoreline protection shall be placed in accordance with local, state, and federal laws and rules, shall not be placed in a floodway.
(8) Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR Statewide Permit Number 10:
(a) The accessory structure or building addition must comply with the requirements of this chapter;
(b) The principle structure to which the project is being added must have been in existence on the effective date of this permit;
(c) The accessory structure or addition must not exceed 500 square feet in size and must not deflect floodwaters onto another property, and must not involve the placement of any fill material;
(d) No construction shall be undertaken in, or within 50 feet of the bank of the stream channel;
(e) The accessory structure or addition must be properly anchored to prevent its movement during flood conditions;
(f) Only one accessory structure or addition to an existing structure shall be authorized by this permit; plans for any subsequent addition must be submitted to IDNR/OWR for review; and
(g) Disturbances of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas shall be seeded or otherwise stabilized upon completion of construction.
(9) Minor maintenance dredging activities meeting the following conditions of IDNR/OWR Statewide Permit Number 11:
(a) The affected length of the stream shall not, either singularly or cumulatively, exceed 1,000 feet;
(b) The project shall not include the construction of any new channel; all work must be confined to the existing channel or to reestablishing flows in the natural stream channel;
(c) The cross-sectional area of the dredged channel shall conform to that of the natural channel upstream and down stream of the site;
(d) Dredged or spoil material shall not be disposed of in a wetland and shall be either:
1. Removed from the floodway;
2. Used to stabilize an existing bank provided no materials would be placed higher than the existing top of bank and provided the cross-sectional area of the natural channel would not be reduced by more than 10%, nor the volume of material placed exceed two cubic yards per lineal foot of stream bank;
3. Used to fill an existing washed out or scoured floodplain area such that the average natural floodplain elevation is not increased;
4. Used to stabilize and existing levee provided the height of the levee would not be increased nor its alignment changed;
5. Placed in a disposal site previously approved by IDNR/OWR in accordance with the conditions of the approval; or
6. Used for beach nourishment, provided the material meets all applicable water quality standards;
(e) Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including the stream banks, shall be seeded or otherwise stabilized upon completion of construction.
(10) Bridge and culvert replacement structures and bridge widening meeting the following conditions of IDNR/OWR Statewide Permit Number 12:
(a) A licensed professional engineer shall determine and document that the existing structure has not been the cause of demonstrable flood damage. Such documentation shall include, at a minimum, confirmation that:
1. No buildings or structures have been impacted by the backwater induced by the existing structure; and
2. There is no record of complaints of flood damages associated with the existing structure;
(b) A licensed professional engineer shall determine that the new structure will provide the same or greater effective waterway opening as the existing structure. For bridge widening projects the existing piers and the proposed pier extensions must be in line with the direction of the approaching flow upstream of the bridge;
(c) The project shall not include any appreciable raising of the approach roads. (This condition does not apply if all points on the approaches exist at an elevation equal to or higher than the 100-year frequency flood headwater elevation as determined by a FEMA flood insurance study completed or approved by IDNR/OWR);
(d) The project shall not involve the straightening, enlargement or relocation of the existing channel of the river or stream except as permitted by the Department’s Statewide Permit Number 9 (Minor Shoreline, Channel and Stream Bank Protection Activities) or Statewide Permit Number 11 (Minor Maintenance Dredging Activities); and
(e) The permittee shall maintain records of projects authorized by this permit necessary to document compliance with the above conditions.
(11) Temporary construction activities meeting the following conditions of IDNR/OWR Statewide Permit Number 13:
(a) No temporary construction activity shall be commenced until the individual permittee determines that the permanent structure (if any) for which the work is being performed has received all required federal, state and local authorizations;
(b) The term “temporary” shall mean not more than one construction season. All temporary construction materials must be removed from the stream and floodway within one year of their placement and the area returned to the conditions existing prior to the beginning of construction. Any desired subsequent or repetitive material placement shall not occur without the review and approval of the IDNR/OWR;
(c) The temporary project shall be constructed such that it will not cause erosion or damage due to increases in water surface profiles to adjacent properties. For locations where there are structures in the upstream floodplain, the temporary project shall be constructed such that all water surface profile increases, due to the temporary project, are contained within the channel banks;
(d) This permit does not authorize the placement or construction of any solid embankment or wall such as a dam, roadway, levee, or dike across any channel or floodway;
(e) No temporary structure shall be placed within any river or stream channel until a licensed professional engineer determines and documents that the temporary structure will meet the requirements of Special Condition Number 3 of this statewide permit. Such documentation shall include, at a minimum, confirmation that no buildings or structures will be impacted by the backwater induced by the temporary structure;
(f) The permittee shall maintain records of projects authorized by this permit necessary to document compliance with the above condition;
(g) Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed areas shall be seeded or otherwise stabilized upon completion of the removal of the temporary construction;
(h) Materials used for the project shall not cause water pollution as defined by the Environmental Protection Act (ILCS Ch. 415, Act 5); and
(i) Any development determined by IDNR/OWR to be located entirely within a flood fringe area shall be exempt from state floodway permit requirements.
(B) Other development activities not listed in division (A) of this section may be permitted only if:
(1) The permit has been issued for the work by IDNR/OWR (or written documentation is provided that an IDNR/OWR permit is not required); or
(2) Sufficient data has been provided to FEMA when necessary, and approval obtained from FEMA for a revision of the regulatory map and base flood elevation.
(Ord. 840, passed 8-6-07) § 151.13 PROTECTING BUILDINGS.
(A) In addition to the damage prevention requirements of § 151.12, all buildings located in the floodplain shall be protected from flood damage below the flood protection elevation. This building protection requirement applies to the following situations:
(1) Construction or placement of a new building or alteration or addition to an existing building valued at more than $1,000 or 70 square feet.
(2) Substantial improvements or structural alterations made to an existing building that increase the floor area by more than 20% or equal or exceed the market value by 50%. Alteration shall be figured cumulatively during the life of the building. If substantially improved, the existing structure and the addition must meet the flood protection standards of this section.
(3) Repairs made to a substantially damaged building. These repairs shall be figured cumulatively during the life of the building. If substantially damaged the entire structure must meet the flood protection standards of this section.
(4) Installing a manufactured home on a new site or a new manufactured home on an existing site. The building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage.
(5) Installing a travel trailer or recreational vehicle on a site for more than 180 days per year.
(6) Repetitive loss to an existing building as defined in § 151.02.
(B) Residential or non-residential buildings can meet the building protection requirements by one of the following methods:
(1) The building may be constructed on permanent land fill in accordance with the following:
(a) The lowest floor (including basement) shall be at or above the flood protection elevation.
(b) The fill shall be placed in layers no greater than six inches before compaction and should extend at least ten feet beyond the foundation before sloping below the flood protection elevation.
(c) The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or other structural measure.
(d) The fill shall be composed of rock or soil and not incorporated debris or refuse material, and shall not adversely affect the flow of surface drainage from or onto neighboring properties and when necessary storm water management techniques such as swales or basins shall be incorporated.
(2) The building may be elevated on solid walls in accordance with the following:
(a) The building or improvements shall be elevated on stilts, piles, walls, crawlspace, or other foundation that is permanently open to flood waters.
(b) The lowest floor and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection elevation.
(c) If walls are used, all enclosed areas below the flood protection elevation shall address hydrostatic pressures by allowing the automatic entry and exit of floodwaters. Designs must either be certified by a licensed professional engineer or by having a minimum of one permanent opening on each wall no more than one foot above grade with a minimum of two openings. The openings shall provide a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the base flood elevation.
(d) The foundation and supporting members shall be anchored, designed, and certified so as to minimize exposure to hydrodynamic forces such as current, waves, ice, and floating debris.
1. All structural components below the flood protection elevation shall be constructed of materials resistant to flood damage;
2. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other service facilities may be located below the flood protection elevation provided they are waterproofed;
3. The area below the flood protection elevation shall be used solely for parking or building access and not later modified or occupied as habitable space; or
4. In lieu of the above criteria, the design methods to comply with these requirements may be certified by a licensed professional engineer or architect.
(3) The building may be constructed with a crawlspace located below the flood protection elevation provided that the following conditions are met:
(a) The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(b) Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. A minimum of one opening on each wall having a total net area of not less than one square inch per one square foot of enclosed area. The openings shall be no more than one foot above grade.
(c) The interior grade of the crawlspace below the flood protection elevation must not be more than two feet below the lowest adjacent exterior grade.
(d) The interior height of the crawlspace measured from the interior grade of the crawl to the top of the foundations wall must not exceed four feet at any point.
(e) An adequate drainage system must be installed to remove floodwaters from the interior area of the crawlspace within a reasonable period of time after a flood event.
(f) Portions of the building below the flood protection elevation must be constructed with materials resistant to flood damage.
(g) Utility systems within the crawlspace must be elevated above the flood protection elevation.
(C) Non-residential buildings may be structurally dry flood proofed (in lieu of elevation) provided a licensed professional engineer or architect certifies that:
(1) Below the flood protection elevation the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood.
(2) The building design accounts for flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and the impact from debris and ice.
(3) Flood proofing measures will be incorporated into the building design and operable without human intervention and without an outside source of electricity.
(4) Levees, berms, floodwalls and similar works are not considered flood proofing for the purpose of this division.
(D) Manufactured homes or travel trailers to be permanently installed on site shall be:
(1) Elevated to or above the flood protection elevation in accordance with division (B) of this section; and
(2) Anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the rules and regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to 77 Ill. Adm. Code § 870.
(E) Travel trailers and recreational vehicles on site for more than 180 days per year shall meet the elevation requirements of division (D) of this section unless the following conditions are met:
(1) The vehicle must be either self-propelled or towable by a light duty truck.
(2) The hitch must remain on the vehicle at all times.
(3) The vehicle must not be attached to external structures such as decks and porches.
(4) The vehicle must be designed solely for recreation, camping, travel, or seasonal use rather than as a permanent dwelling.
(5) The vehicles largest horizontal projections must be no larger than 400 square feet.
(6) The vehicle’s wheels must remain on axles and inflated.
(7) Air conditioning units must be attached to the frame so as to be safe for movement of the floodplain.
(8) Propane tanks as well as electrical and sewage connections must be quick-disconnect and above the 100-year flood elevation.
(9) The vehicle must be licensed and titled as a recreational vehicle or park model, and must either:
(a) Entirely be supported by jacks; or
(b) Have a hitch jack permanently mounted, have the tires touching the ground and be supported by block in a manner that will allow the block to be easily removed by used of the hitch jack.
(F) Garages, sheds or other minor accessory structures constructed ancillary to an existing residential use may be permitted provided the following conditions are met:
(1) The garage or shed must be non-habitable.
(2) The garage or shed must be used only for the storage of vehicles and tools and cannot be modified later into another use.
(3) The garage or shed must be located outside of the floodway or have the appropriate state and/or federal permits.
(4) The garage or shed must be on a single-family lot and be accessory to an existing principle structure on the same lot.
(5) Below the base flood elevation, the garage or shed must be built of materials not susceptible to flood damage.
(6) All utilities, plumbing, heating, air conditioning and electrical must be elevated above the flood protection elevation.
(7) The garage or shed must have at least one permanent opening on each wall not more than one foot above grade with one square inch of opening for every one square foot of floor area.
(8) The garage or shed must be less than $10,000 in market value or replacement cost whichever is greater or less than 500 square feet.
(9) The structure shall be anchored to resist floatation and overturning.
(10) All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be stored above the flood protection elevation.
(11) The lowest floor elevation should be documented and the owner advised of the flood insurance implications.
(Ord. 840, passed 8-6-07) § 151.14 SUBDIVISION REQUIREMENTS. The City Council shall take into account hazards, to the extent that they are known, in all official actions related to land management use and development. (A) New subdivisions, manufactured home parks, annexation agreements, planned unit developments, and additions to manufactured home parks and subdivisions shall meet the damage prevention and building protections standards of §§ 151.12 and 151.13. Any proposal for such development shall include the following data:
(1) The base flood elevation and the boundary of the floodplain, where the base flood elevation is not available from an existing study, the applicant shall be responsible for calculating the base flood elevation;
(2) The boundary of the floodway, when applicable; and
(3) A signed statement by a registered professional engineer that the proposed plat or plan accounts for changes in the drainage of surface waters in accordance with the Plat Act (ILCS Ch. 765, Act 205, § 2).
(1) No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a flood proofed and anchored storage tank and certified by a professional engineer or flood proofed building constructed according to the requirements of § 151.13.
(2) Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage.
(3) Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
(4) New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other above ground openings located below the flood protection elevation shall be watertight.
(5) Construction of new or substantially improved critical facilities shall be located outside the limits of the floodplain. Construction of new critical facilities shall be permissible within the floodplain if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor (including basement) elevated or structurally dry flood proofed to the 500-year flood frequency elevation or three feet above the level of the 100-year flood frequency elevation whichever is greater. Flood proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities.
(B) All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages. (Ord. 840, passed 8-6-07) § 151.16 CARRYING CAPACITY AND NOTIFICATION. For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained. In addition, the city shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse. (Ord. 840, passed 8-6-07)
ADMINISTRATION
§ 151.21 DUTIES OF THE FLOODPLAIN ADMINISTRATOR. Unless another person is so designated by the City Manager or by the City Council, the City Manager shall serve as the Floodplain Administrator. The Floodplain Administrator shall be responsible for the general administration of this chapter and ensure that all development activities within the floodplains under the jurisdiction of the city meet the requirements of this chapter. Specifically, the Floodplain Administrator shall:
(A) Process development permits in accordance with § 151.22;
(B) Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of § 151.12;
(C) Ensure that the building protection requirements for all buildings subject to § 151.13 are met and maintain a record of the “as-built” elevation of the lowest floor (including basement) or flood proof certificate;
(D) Assure that all subdivisions and annexations meet the requirements of § 151.14;
(E) Ensure that water supply and waste disposal systems meet the public health standards of § 151.15;
(F) If a variance is requested, ensure that the requirements of § 151.23 are met and maintain documentation of any variances granted;
(G) Inspect all development projects and take any and all penalty actions outlined in § 151.24 as necessary to ensure compliance with this chapter;
(H) Assure that applicants are aware of and obtain any and all other required local, state, and federal permits;
(I) Notify IDNR/OWR and any neighboring communities prior to any alteration or relocation of a watercourse;
(J) Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques;
(K) Cooperate with state and federal floodplain management agencies to coordinate base flood data and to improve the administration of this chapter;
(L) Maintain for public inspection base flood data, floodplain maps, copies of state and federal permits, and documentation of compliance for development activities subject to this chapter;
(M) Perform site inspections to ensure compliance with this chapter and make substantial damage determinations for structures within the floodplain; and
(N) Maintain the accuracy of floodplain maps including notifying IDNR/OWR and/or submitting information to FEMA within six months whenever a modification of the floodplain may change the base flood elevation or result in a change to the floodplain map.
(Ord. 840, passed 8-6-07) § 151.22 DEVELOPMENT PERMIT. No person, firm, corporation, or governmental body not exempted by law shall commence any development in the floodplain without first obtaining a development permit from the Floodplain Administrator. The Floodplain Administrator shall not issue a development permit if the proposed development does not meet the requirements of this chapter. (A) The application for development permit shall be accompanied by:
(1) Drawings of the site, drawn to scale showing property line dimensions;
(2) Existing grade elevations and all changes in grade resulting from excavation or filling;
(3) The location and dimensions of all buildings and additions to buildings;
(4) The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of § 151.13; and
(5) Cost of project or improvements as estimated by a licensed engineer or architect. A signed estimate by a contractor may also meet this requirement.
(B) Upon receipt of an application for a development permit, the Floodplain Administrator shall compare the elevation of the site to the base flood elevation. Any development located on land that can be shown by the base flood elevation. Any development located on land that can be shown by survey data to be higher than the current base flood elevation and which has not been filled after the date of the site’s first Flood Insurance Rate Map is not in the floodplain and therefore not subject to the requirements of this chapter. Conversely, any development located on land shown to be below the base flood elevation and hydraulically connected, but not shown on the current Flood Insurance Rate Map, is subject to the provisions of this chapter.
(1) The Floodplain Administrator shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site’s first Flood Insurance Rate Map identification.
(2) The Floodplain Administrator shall be responsible for obtaining from the applicant copies of all other federal, state, and local permits, approvals or permit-not-required letters that may be required for this type of activity.
(3) The Floodplain Administrator shall not issue a permit unless all other federal, state, and local permits have been obtained.
(C) Fees for permits shall be as follows:
(1) For a development permit for clearing debris, demolishing buildings, or removing buildings out of the SFHA, no fee.
(2) For construction, reconstruction, improvements or installation of any permanent structure and for any development project, the fee shall be $50, plus reimbursement of any direct costs incurred by the city for application review.
(1) The development activity cannot be located outside the floodplain.
(2) An exceptional hardship would result if the variance were not granted.
(3) The relief requested is the minimum necessary.
(4) There will be no additional threat to public health, safety or creation of a nuisance.
(5) There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities;
(6) The applicant’s circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and
(7) All other state and federal permits have been obtained.
(B) The Floodplain Administrator shall notify an applicant in writing that a variance from the requirements of the building protections standards of § 151.13 that would lessen the degree of protection to a building will:
(1) Result in increased premium rates for flood insurance up to $25 per $100 of insurance coverage;
(2) Increase the risk to life and property; and
(3) Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.
(C) Variances to the building protection requirements of § 151.13 which are requested in connection with reconstruction, repair, or alteration of a historic site or historic structure as defined in “Historic Structures”, may be granted using criteria more permissive than the requirements of §§ 151.12 and 151.13 subject to the conditions that:
(1) The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure; or
(2) The repair or rehabilitation will not result in the structure being removed as a certified historic structure.
(Ord. 840, passed 8-6-07) § 151.99 PENALTY. Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this chapter. Upon due investigation, the City Manager may determine that a violation of the minimum standards of this chapter exists. The City Manager shall notify the owner in writing of such violation.
(A) If such owner fails after ten days notice to correct the violation:
(1) The city shall make application to the circuit court for an injunction requiring conformance with this chapter or make such other order as the court deems necessary to secure compliance with the chapter;
(2) Any person who violates this chapter shall upon conviction thereof be fined not less than $50 or more than $750 for each offense;
(3) A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues; and
(4) The city shall record a notice of violation on the title of the property.
(B) The City Manager shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a Standard Flood Insurance Policy to be suspended.
(C) The City Manager is authorized to issue an order requiring the suspension of the subject development. The stop-work order shall be in writing, indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop-work order. The stop-work order constitutes a suspension of the permit.
(D) No site development permit shall be permanently suspended or revoked until a hearing is held by the City Council. Written notice of such hearing shall be served on the permittee and shall state the grounds for the complaint, reasons for suspension or revocation and the time and place of the hearing.
(E) At such hearing the permittee shall be given an opportunity to present evidence on their behalf. At the conclusion of the hearing, the City Council shall determine whether the permit shall be suspended or revoked.
(F) Nothing herein shall prevent the city from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Ord. 840, passed 8-6-07)
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 152.99 Penalty
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.
safety, comfort, morals and welfare of the citizens of this city. (Ord. 567, passed 10-15-90)
Recorder of Deeds. (Ord. 567, passed 10-15-90)
(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
§ 152.42 ELECTRICAL SERVICE.
The following shall set forth the responsibilities of the city and the developer for the provision of electrical service to a subdivision.
(A) The developer.
(1) The developer shall present to the Electrical Superintendent, a construction plan outlining subdivision plans, locations and square footage of buildings to be constructed, placement of utilities and any other relevant information about the project after final plat approval and prior to commencement of construction.
(2) The developer shall pay to the city a permit fee equal to the amount of the cost of provision of electrical service for buildings to be constructed within the approved plat.
(3) The fee shall be paid to the city at the time the contractor secures a building permit.
(B) The city.
(1) The city shall design an electrical service plan which shall meet the needs of the required development without any negative effect on existing service.
(2) The city shall calculate the fee for the provision of electrical service by adding the total of all materials, labor, substations, and transformers required by the subdivision and then dividing the total amount by the number of approved lots.
(3) Additional charges shall be applicable in any of the following instances:
(a) Where additional costs are incurred by the city in crossing streets, alleys or other areas in such subdivision which cannot be trenched or bored in the normal manner, such as hand trenching due to adverse soil conditions;
(b) Rearrangement of facilities caused by changes made by the contractor. (Ord. 741, passed 8-7-00)
ADMINISTRATION AND ENFORCEMENT
§ 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:
(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
CHAPTER 153: MOBILE HOMES
153.01 Limited installation of mobile homes; permit required
153.99 Penalty
§ 153.01 LIMITED INSTALLATION OF MOBILE HOMES; PERMIT REQUIRED.
(A) Mobile/manufactured home installation shall be limited to designated R-4 Districts by DeWitt County zoning, and to mobile home parks designated by DeWitt County zoning or licensed by the Illinois Department of Public Health, within the city limits, except under the following terms and conditions:
(1) Within zoning districts R-2 and R-3, only, as designated by DeWitt County, an existing mobile/manufactured home of an originally manufactured width of 16 feet, or less, may be replaced by a newer mobile/manufactured home with a minimum assembled width of 26 feet, an asphalt-shingled roof with a minimum 5:12 pitch, vinyl siding and a minimum total finished living area of 1,300 square feet;
(2) Any hitch assembly, or assemblies, that extends beyond an exterior wall of the replacement mobile/manufactured home and the wheels and axles upon which such home is transported shall be removed when the replacement home is installed;
(3) The permanent chassis upon which the replacement mobile/manufactured home is built and any space between the ground and the bottom of the exterior walls shall be covered with vinyl siding, brick or concrete block when the replacement home is installed; and
(4) The replacement mobile/manufactured home, and the installation thereof, shall comply with all other applicable statutes, codes, rules and regulations of the state, DeWitt County and the city.
(B) Individuals or companies wishing to install or replace a mobile home within the city must first obtain a permit from the city. Such permits shall be issued by the Mayor upon receipt from the applicant of:
