CHAPTER 22
SUBDIVISIONS  

ARTICLE I
GENEAL PROVISIONS  

SECTION 22-1: TITLE  

 This chapter shall hereafter be known, cited and referred to as “The Village of Lena Subdivision  Ordinance.”  

SECTION 22-2: PURPOSE  

 (A) The purpose of this chapter shall be the protection of the public health, safety, welfare and  the accomplishment of a permanently wholesome community environment, adequate municipal services  and safe streets.  

 (B) These regulations are established with reasonable consideration for the existing character of  the Village with a view toward conserving the value of buildings upon the land and providing the best  possible environment for human habitation. It is intended that these regulations shall supplement and  facilitate the enforcement of the provisions and development contained in the building codes, zoning  ordinances, and all elements thereon.  

SECTION 22-3: JURISDICTION  

 (A) Whenever land is subdivided within the incorporated limits of the Village or within territory not  more than one and one-half miles beyond the corporate limits of the Village, the subdivider shall submit  both a preliminary and a final subdivision plat to the Village Planning and Zoning Board for approval. The  subdivision plats and all procedures relating thereto shall in all respects comply with these regulations.  

 (B) Until plats and plans for the subdivision are approved:  

(1) No land shall be subdivided, nor any street laid out, nor any improvements made to  the natural land.  

(2) No lot, tract or parcel of land within any subdivision shall be offered for sale nor shall  any sale contract for sale or option be made or given.  

(3) No improvements to land, such as sidewalks, water lines or facilities, storm water  drainage, sanitary sewerage facilities, gas service, electrical service, lighting, grading, paving, or  surfacing of the street shall be made by an owner or his or her agent or by any public service  corporation at the request of an owner.  

(4) Lots subject to flooding and lots deemed by the Planning and Zoning Board to be  uninhabitable shall not be platted for residential occupancy or any other use which may increase  the danger to health, life, safety of property or which increases to potential of flooding. Such land  within the plat shall be set aside for uses which are not incompatible with periodic or occasional  inundation or shall not produce unsatisfactory living conditions.  

(5) All offerings or dedications of land to the Village for use as streets, alleys, highways,  schools, parks, playgrounds, or other public use shall be referred to the Planning and Zoning  Board for review and recommendation before being accepted by the Village Board. 

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(6) Where a tract of land proposed for subdivision is part of a larger, logical subdivision  unit in relation to the Village as a whole the Planning and Zoning Board may before approval,  require a plan for the entire area or neighborhood such plan to be used by the Planning and  Zoning Board as an aid to evaluate the merit and the impact of the proposed plat. The Planning  and Zoning Board shall have authority to require adjustments in the plat or plan which are  deemed to be in the best interests of the Village and the impact of the subdivision on Village  facilities and infrastructure.  

(7) The provisions of this chapter and rules and regulations promulgated pursuant to this  chapter shall be held to be the minimum requirements which a subdivision shall meet.  

(8) This chapter, wherever possible, shall be construed consistent with ILCS Ch. 765,  Act 205, §§ 1 et seq. (a/k/a the “Plat Act”). In case of conflict, the Plat Act shall take precedence.  

SECTION 22-4: DEFINITIONS  

 In interpreting this chapter the rules and definitions set forth in this section shall be observed and  applied except when the context clearly indicates otherwise. Words used in the present tense shall  include the future and words used in the singular number shall include the plural number and the plural  the singular. The work SHALL is mandatory and not discretionary. The word MAY is permissive. The  masculine gender includes the feminine and neuter.  

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

“BLOCK” A tract of land bounded by streets, or by a combination of streets and public parks,  cemeteries, railroad right-of-way, shorelines of waterways or boundary lines of the Village.  

“BUILDING” Any structure built for the support, shelter, or enclosure of persons, animals,  chattels or movable property of any kind and which is permanently affixed to the land.  

“BUILDING SETBACK LINE” A line within a lot or other parcel of land so designated on the  recorded plat, between which line and the adjacent boundary of the street the erection of a building is  prohibited.  

“COLLECTOR RESIDENTIAL STREET” A street which carries traffic from minor streets to the  primary street system, including the principal entrance streets of residence development.  

“CUL-DE-SAC” A local street with only one outlet and having an appropriate terminal for the  safe and convenient reversal of traffic movement.  

“EASEMENT” A grant by a property owner for the use of a strip of land by the general public, a  corporation, or a certain person or person’s for a specific purpose or purposes.  

“FINAL PLAT” A map and any accompanying material prepared by the subdivider and approved  by the village in accordance with the provisions of this chapter to be recorded as a subdivision.  

“FRONTAGE” The length of the front property line of the lot, lots or tract of land abutting a public  street, road, highway, or rural right-of-way.  

“GRADE” The slope of road, street, or other public way, specified in percent (%) and shown on  street profile plans as required herein. 

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“IMPROVEMENT, PUBLIC” Any sanitary sewer or facility, storm sewer or facility, drainage  ditch, water main, roadway, parkway, sidewalk, pedestrian way, bike way, planting strip, off-street parking  area, park or other facility for which the village may ultimately assume the responsibility for maintenance  and operation.  

“LIMITED ACCESS HIGHWAY” A state route with access control under the authority of the  Illinois Department of Transportation.  

“LOT” A portion of a subdivision or other parcel of land with access to the public street intended  for transfer or ownership or for building development.  

“MINOR RESIDENTIAL STREET” A street intended primarily as access to abutting properties.  

“OWNER” Any person, group or persons, firm or firms, corporation or corporations or any other  legal entity having legal title to the land sought to be subdivided under this chapter.  

“PEDESTRIAN PATH” A two inch thick bituminous surface no less than six feet wide with a six inch base.  

“PLANNING & ZONING BOARD” Planning & Zoning Board, as used in this Chapter shall mean  the Planning & Zoning Committee of the Village Board of Trustees. (added 02/13/06)  

“PRELIMINARY PLAT” The drawings and documents presented for tentative approval. A  Preliminary Plat may be either for a planned unit development or a subdivision.  

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

“ROADWAY” A surfaced portion of the street available for vehicular traffic.  

“SEWAGE DISPOSAL SYSTEM, INDIVIDUAL” A septic tank seepage tile, sewage disposal  system or any other sewage treatment devise approved by the Village Engineer as being in accordance  with the rules of the Stephenson County Health Department.  

“SIDEWALK” That portion of a street or crosswalk way, paved or otherwise surfaced, and for  pedestrian use only.  

“STREET” A public right-of-way which affords a primary means of vehicular access to abutting  properties, whether designated as a street, avenue, highway, road, boulevard, land throughway or  however otherwise designated, but excepting an alley or driveway to buildings.  

“STREET, HALF” A street bordering one or more property lines of a tract of land in which the  subdivider has only allocated a part of the ultimate right-of-way width and is not permitted by this chapter.  

“SUBDIVIDER” Any person or corporation or duly authorized agent who undertakes the  subdivision of land as defined herein. A Subdivider also includes a developer of commercial property  where applicable.  

“ZONING ORDINANCE” The Village zoning ordinance, and subsequent amendments thereto. 

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SECTION 22-5: INTERPRETATION  

 (A) The provisions of this chapter shall be the minimum requirements for the promotion of the  public health, safety and general welfare.  

 (B) Where the conditions imposed by any provisions of this chapter upon the subdivision of land  are either more restrictive or less restrictive than comparable conditions imposed by any other applicable  law, ordinance, resolution, rule or regulation of any kind, the provisions which impose higher standards or  requirements shall govern.  

 (C) This chapter shall not be construed to abrogate any easement, covenant, or any other private  agreement which is not inconsistent with this chapter. However, where the regulations of this chapter are  more restrictive or impose higher standards or regulations than such easements, covenants, or other  private agreements the requirements of this chapter shall govern.  

 (D) No subdivision of land which was unlawful or not in compliance with prior Village  requirements at the time this chapter was adopted, shall be made lawful by adoption of this chapter, and  to the extent that any subdivision of land is in conflict with the requirements of this chapter, the respective  subdivision of land remains unlawful hereunder, unless it was in compliance with prior Village regulations  which applied at the time of its adoption.  

SECTION 22-6: SEVERABILITY  

 (A) If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid,  such judgment shall not affect any other provision of this chapter not specifically included in the judgment,  and the Village Board expressly states that it would have approved this chapter, even without the  provision adjudged to be invalid.  

 (B) If any court of competent jurisdiction shall adjudge or invalidate the application of any  provision of this chapter to a particular subdivision of land, such judgment shall not affect the application  of that provision to any other subdivision of land not specifically included in said judgment.  

SECTION 22-7: PLANNING AND ZONING BOARD REQUIREMENTS  

 (A) The Planning and Zoning Board, in its examination of subdivision plats for approval and in  applying this chapter, shall take into consideration the village’s best interests and the best use of the land  being subdivided. The Planning and Zoning Board shall give particular attention to the width and location  of streets, suitable sanitary utilities, surface drainage, lot sizes and arrangements, and local requirements,  such as parks or playgrounds, schools and recreation sites, and other public uses. The Planning and  Zoning Board shall recommend to the Village Board dedications of land for open spaces or cash  contributions in lieu thereof. (Amended 02/13/06 & 03/13/06)  

 (B) The Planning and Zoning Board shall require that all subdivisions conform in general to the  provisions and conditions of the official plan for future development of the Village. Plat approval shall be  withheld if a subdivision is not in conformity with provisions of the official plan, also known as the Village’s  comprehensive land use plan.  

 (C) The Planning and Zoning Board shall require that all subdivisions conform in general to the  provisions and conditions of the official plan for future development of the Village. Plat approval shall be  withheld if a subdivision is not in conformity with provisions of the official plan, also known as the Village’s  comprehensive land use plan.  

 (D) In all subdivisions, due regard shall be given to the preservation of natural features such as  large trees, watercourses, historical and similar features. 

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 (E) In all subdivisions, the regard shall be given to the variation of design of homes to be located  in the subdivision, and appropriate lot size for the type of subdivision to be platted. Approval shall not be  given for subdivisions incorporating an uniform design for all homes to be located therein or for the  location of identical or nearly identical homes within the same block.  

 (F) The Planning and Zoning Board shall not recommend for approval to the Village Board of  Trustees any plat of subdivision which does not make adequate provisions for municipal water and sewer  service and the facilities needed to accommodate the impact of the subdivision on the village’s  infrastructure.  

 (G) The Planning and Zoning Board shall not recommend for approval to the Village Board of  Trustees any plat of subdivision which does not make adequate provision for the impact of the subdivision  on the Village’s infrastructure, including but not limited to, transportation, traffic flow, parking, curbs and  gutters, and sidewalks.  

 (H) The Planning and Zoning Board shall not recommend for approval to the Village Board of  Trustees any plat of subdivision which does not make adequate provisions for the transportation of  excess stormwaters.  

SECTION 22-8: REVIEW OF SUBDIVISION WITHIN THE EXTRATERRITORIAL JURISDICTION OF  VILLAGE  

 The Planning and Zoning Board shall make use of all extraterritorial jurisdiction granted by Illinois  law and shall examine all subdivision plats within the extraterritorial jurisdiction of the Village. Such  examination shall assure that subdivisions located in the extraterritorial jurisdiction of the Village conform  to current Village standards for subdivision of lands. However, failure of the Planning and Zoning Board  to review an extraterritorial development shall not preclude the Village Board from initiating action to  enforce Village requirements should the Planning and Zoning Board fail to act.  

SECTION 22-9: UNSUITABLE LAND  

 No land shall be subdivided for residential use which is held by the Planning and Zoning Board,  after investigation by the Village Engineer to be unsuitable for such use by reason of flooding, or  insufficient drainage, adverse earth or rock formation or topography, or any other feature likely to prove  harmful to the health, safety, or welfare of the future residents in the proposed subdivision or of the  community. However, the subdivision of land which is subject to stream overflow may be permitted if  such approval does not violate state or federal law, the requirements of this chapter are met, and the  Village Engineer gives his approval to the prospective plan of improvement. However, the subdivider  shall be responsible for any adverse impact on the surrounding area should the proposed plan of  improvement prove insufficient to mitigate drainage problems.  

SECTION 22-10: DEDICATION OF LAND FOR PUBLIC USE  

 (A) When a final plat of a subdivision has been approved by the Village Board of Trustees and  Planning and Zoning Board and all other required approvals are obtained and the plat is recorded, that  approval shall constitute acceptance for the purpose designated on the plat of all lands shown on the plat  as dedicated to the public, including street dedication.  

 (B) Whenever a preliminary plat includes a proposed dedication of land to public use and the  Planning and Zoning Board finds that such land is not required and not suitable for public use, the  chairman of Planning and Zoning Board may recommend to the Village Board to either refuse to approve  such dedication or require the rearrangement of lots in the proposed subdivision to include such land.  (Amended 02/13/06 & 03/13/06) 

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SECTION 22-11: RESERVATION OF PUBLIC SPACES AND SITES  

 (A) Preliminary plat to accommodate planned public spaces. Whenever a tract to be subdivided  includes a proposed street, highway or parkway or proposed site for a playground, school, or other public  use as indicated on the official map of the village, such space shall be suitably incorporated by the  subdivider into his subdivision plat after proper determination of its necessity by the Planning and Zoning  Board and/of other public agency involved in the acquisition and use of each site.  

 (B) Requirements for flood plain areas. The Board of Trustees may, when it deems it necessary  for the health, safety or welfare of the present and future population of the area and necessary to the  conservation of water, drainage, and sanitary facilities, prohibit subdivision of any portion of the property  which lies within the floodplain of any stream or drainage course. Such floodplain areas shall be  preserved from any and all destruction or damage resulting from clearing, grading or dumping of earth,  waste materials or stumps.  

 (C) Acquisition of land for public use. The Planning and Zoning Board shall consider all  preliminary plats and adopted or proposed studies related thereto to determine the need for acquisition  for public use of any of the land included in the preliminary plat. Land may be acquired for public school  site park, playgrounds or other public recreation areas or other public purposes available for acquisition  as provided by law.  

(1) Referral to public body. The Planning and Zoning Board shall refer the plat to the  public body concerned with acquisition for its consideration and report. The Planning and Zoning  Board may propose alternate areas for such acquisition and shall allow the public body or agency  30 days to reply. The agency’s recommendation if affirmative shall include a map showing the  boundaries and area of the parcel to be acquired and an estimate of the time required to  complete the acquisition.  

(2) Notice to property owner. Upon receipt of an affirmative report the Planning and  Zoning Board shall notify the property owner and shall designate on preliminary and final plats  that area proposed to be acquired and an estimate of the time required to complete the  acquisition.  

(3) Duration of land reservation. The acquisition of land reserved by a public agency on  the preliminary or final plat shall be initiated within 12 months of notification in writing from the  owner that he intends to develop the land. Such letter of intent shall be accompanied by a sketch  plan of the proposed development and a tentative schedule of construction. Failure on the part of  the public agency to initiate acquisition within the prescribed 12 months shall result in the removal  of the “reserved” designation from the property involved and the freeing of the property for  development.  

SECTION 22-12: VACATION OF A PLAT OF SUBDIVISION  

 (A) Any plat or any part of a plat may be vacated by the owner of the premises at any time before  the sale of any lot therein, by means of a written instrument to which a copy of the plat has been attached  declaring the same to be vacated.  

 (B) Such an instrument of vacation shall be approved by the Board of Trustees in like manner as  plats of subdivisions. The Board of Trustees may reject any instrument which abridges or destroys any  public rights in any of its streets or alleys. Such an instrument shall be executed, acknowledged or  approved and recorded or filed in the like manner as plats of subdivision and being duly recorded or filed  shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public  rights in the streets, alleys and public grounds and all dedications laid out or described in such plat. 

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 (C) When lots have been sold, the plat may be vacated in the manner herein provided by all  owners of lots in such plat joining in the execution of such writing. The provisions of ILCS Ch. 765, Act  205, §§ 1 et seq. shall also apply.  

SECTION 22-13: LAND SUBDIVISIONS  

 (A) Consistent with the Plat Act, this chapter shall apply to any division of lands into two or more  parts, any of which is less than five acres in area, the plat of which includes new public streets or  easements or the widening of existing public streets or easements for access or utility purposes.  

 (B) However, the following shall not be considered a subdivision and shall be exempt from the  requirements herein:  

(1) The division or subdivision of land into parcels or tracts of five acres or more in size  which do not involve any new streets or easements of access;  

(2) The division of lots or blocks of less than one acre in any recorded subdivision which  does not involve any new streets or easements of access, provided further that the width of the  lot at the building setback line will not be less than that of other recorded lots fronting on the same  streets within the same block;  

(3) The sale or exchange of parcels of land between owners of adjoining and contiguous  land;  

(4) The conveyance of parcels of land or interests therein for use of right-of-way for  railroads or other public utility facilities which does not involve any new streets or easements of  access;  

(5) The conveyance of land owned by railroad or other public utility which does not  involve any new streets or easements of access;  

(6) 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;  

 (7) Conveyances made to correct descriptions in prior conveyances.  SECTION 22-14: SANITARY SEWERS AND WATER MAINS  

 (A) Where public facilities are available. Where public facilities are available, sanitary sewers,  water mains and all required appurtenances shall be installed in all subdivision. Sanitary sewers shall  meet or exceed all requirements of the Village Engineer and the Standard Specifications for Water and  Sewer Construction in Illinois, latest edition. Interceptors, force mains, lift stations, booster pumps, wells  and water main pumps shall be installed in all new subdivisions where required by the Village Engineer.  

 (B) Where public facilities are not available. Where public facilities are not available, sanitary  sewers, water mains and all appurtenances necessary to extend and provide effective, efficient, safe and  potable public water and sewer service to the development as determined by the Village Engineer, shall  be installed at the cost of the subdivider.  

SECTION 22-15: EXCEPTIONS, VARIATIONS AND WAIVERS  

 In the event the Planning and Zoning Board finds that the application of the provisions of  procedure of this chapter to a particular land division might create an unreasonable hardship or involve  peculiar difficulties, including but not limited to prohibitive cost, the Planning and Zoning Board may  consider exception, variation or waiver in accordance with the following procedure: 

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 (A) All exceptions, variations or waivers must be initiated by the subdivider and submitted to the  Planning and Zoning Board in writing and shall include reasons, data and justification.  

 (B) All exceptions, variations or waivers recommended for approval or denial by the Planning and  Zoning Board shall be accompanies by finding the facts and transmitted to the Village Board with the  subject plat.  

SECTION 22-16: REQUIRED IMPROVEMENTS  

 The subdivider, at his own expense, shall provide all improvements required by this chapter in the  manner prescribed by this section, pursuant to the recording of any lots or the sale of any lots or property  within the platted subdivision.  

 (A) Required improvements. The subdivider shall install street and utility improvements, and  other improvements indicated on the plat, as hereinafter provided. If such improvements are not installed  as required at the time the final plat is submitted for approval, the subdivider shall, before the recording of  his plat, enter into a contract with the Village agreeing to install the required improvements. The  subdivider shall file with said contract, a bond or irrevocable letter of credit meeting the approval of the  Village Attorney and/or a certified check in an amount equal to the estimate of cost prepared by the  subdivider’s engineer and approved by the Village Engineer or the contract bid price as submitted to the  subdivider by a reputable contractor. Such bond or irrevocable letter of credit or check shall constitute a  guarantee that such improvements will be completed by the subdivider or his subcontractors no later than  one year form the date of recording of the plat, and that repairs necessitated by defects in material or  workmanship will be made during the period not to exceed two years from and after completion of such  improvements.  

(1) If the improvements are not completed or repairs are not made within the specified  time periods, the Village Board may use all or any portion of the check, bond or irrevocable letter  of credit to complete or repair same. However, the Village Board of Trustees may, upon proof of  difficulty, extend the time for performance.  

(2) Upon completion of the required improvements guaranteed by the bond, irrevocable  letter of credit or certified check, and to ensure that such improvements have been installed in  accordance with the approved final plat, a detailed “as-built” survey plat of the subdivision,  indicating location, dimensions, construction materials, or other information required by the  Village Engineer, shall be submitted to the Board of Trustees or its designee by the subdivider of  the subdivision.  

 (B) Water and sewer facilities. Private water and disposal systems shall comply with all  requirements of the Stephenson County Health Department.  

 (C) Storm water. Where a public storm sewer is accessible, the subdivider shall install storm  sewer facilities, or if no outlets are within a reasonable distance, adequate provision shall be made for the  disposal of storm waters, subject to the approval and inspection of the Village Engineer.  

 (D) Street grading. The subdivider shall furnish drawings which indicate the existing and  proposed grades of streets shown on the plat, and shall grade or cause to be graded the full width of the  right-of-way of the streets proposed to be dedicated. The bed for the roadways in the street right-of-way  shall be graded to sub-grade. The Village Engineer shall approve the plans prior to the time the Planning  and Zoning Board recommends approval of the final plat. 

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 (E) Street and sidewalk surfacing. 

(1) The subdivider shall construct curbs and gutters and shall surface, or cause to be  surfaced, roadways to the widths prescribed in this code. Said surfacing shall be of such  character as is suitable for the expected traffic and in harmony with similar improvements in the  surrounding areas. Adequate provision shall also be made for culverts, drains, and bridges.  Dedicated sidewalks shall be provided by the subdivider.  

(2) Such work shall be done in accordance with plans prepared by the subdivider and  approved by the Village Engineer. The work shall be inspected by the Village Engineer.  

 (F) Monuments. The subdivider shall place permanent reference monuments in the subdivision  as required herein and as approved by the Village Engineer.  

(1) The external boundaries of a subdivision shall be monumented in the field by iron  pins at least 36 inches long and five-eighths inch in diameter.  

(2) All lot corners, internal boundaries, block corners, and each end of all curves shall be  monumented in the field by monuments as described above.  

(3) All such monuments shall be set in such manner that they will not be removed by  frost.  

(4) In each platted subdivision, there shall be set a minimum of two concrete monuments  not less than 36 inches in length, not less than four inches square and five inches in diameter,  and marked on top with a cross brass plug, iron rod, or other durable material securely  embedded. These monuments shall be placed near opposite ends of the subdivision.  

(5) All monuments shall be properly set in the ground by a Registered Illinois  

Professional Land Surveyor.  

 (G) Street trees. Street trees having a trunk diameter (measured 12 inches above the ground  level) of not less than two inches may be planted along all residential streets. Only oak, honey locust,  hard maples, ginkgo, or other long lived shade trees acceptable to the Village Board of Trustees shall be  planted.  

 (H) Other improvements. Provision for other improvements such as electric lines, gas mains,  and other such facilities in the subdivision shall be required before the plat is approved.  

 (I) Topsoil. Topsoil shall not be removed form the residential lots or used as spoil, but shall be  redistributed so as to provide at least six inches of cover between sidewalks and curbs, and shall be  stabilized by seeding or planting.  

 (J) Street lighting and marking. Provisions and installation shall be made for adequate lighting  and name markers of public streets within the proposed subdivision at the subdivider’s expense, in  accordance with the standards and requirements established by the governing authorities. The street  marking signs will be furnished and erected by the Village. The subdivider will be responsible for all costs  incurred by the Village in performing this work. 

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ARTICLE II  

PROCEDURE FOR APPROVAL  

SECTION 22-17: PROCEDURE ESTABLISHED  

 In planning and developing a subdivision within the corporate limits of the Village, the subdivider  shall comply with the following procedure.  

SECTION 22-18: PRELIMINARY CONSULTATION  

 Prior to the submission of a preliminary plat of any proposed subdivision within the Village’s  jurisdiction, the subdivider shall make known his intention to submit a preliminary plat to the Planning and  Zoning Board and Plats Officer. During this pre-application stage, the following actions shall be taken:  

 (A) Action by the subdivider. The subdivider shall meet informally with the Plats Officer for the  purpose of presenting a general outline of his or her proposal, including but not limited to:  

(1) Written notification of “letter of intent” from the subdivider to the Village Planning and  Zoning Board establishing the subdivider’s intentions as to the development of the land.  

(2) Sketch plans and ideas regarding land use, street and lot arrangement, and tentative  lot size.  

(3) Tentative proposals regarding water supply, sewage disposal, surface drainage, and  street improvement.  

(4) Evidence of consultation with and tentative approval of public utility companies  concerned.  

 (B) Action by the Plats Officer. The Plats Officer shall discuss the proposed subdivision with the  subdivider and advise him or her of procedural steps, design and improvement standards, and general  plat requirements, after which the Plats Officer shall proceed with the following investigations:  

(1) Advise the developer of existing Village plans which might affect the proposed  subdivision.  

(2) Verify the existing zoning of the tract and make recommendations regarding whether  a zoning change is necessary or desirable.  

(3) Determine the adequacy of existing or proposed schools, parks and other public  spaces.  

(4) Inspect the site or otherwise determine its relationship to major streets, utility systems  and adjacent land uses, and determine any unusual problems in regard to topography, utilities,  traffic, flooding, drainage, contour, water and sewer connections, and the like.  

 (5) Consult with the Village Engineer regarding improvements and standards.  

 (C) Action by the Village and Zoning Planning Board. Upon receipt of the letter of intent and  official acknowledgment of the same, and upon certification by the Plats Officer that the consultations and  investigations set forth in division (B) of this section have been completed, the Planning and Zoning  Board shall authorize the subdivider in writing to prepare and submit a preliminary plat. 

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SECTION 22-19: FILING OF PRELIMINARY PLAT  

 The subdivider shall prepare a preliminary plat of the proposed subdivision in accordance with the  requirements of Section 22-21 of this chapter, and shall file with the Plats Officer an application in writing  for the tentative approval of said plat accompanied by a reproducible subdivision drawing and five black  and white prints or other acceptable reproductions at least 30 days prior to the meeting of the Planning  and Zoning Board at which action is desired.  

 (A) Plats Officer transmittal. The Plats Officer shall transmit copies of the preliminary plat to the  Village Engineer, the Village Attorney and such other Village officials and agencies as deemed necessary  by the Planning and Zoning Board for review and recommendation together with the scheduled date for  Planning and Zoning Board review of the preliminary plat. The recommendations of the foregoing officials  and agencies with respect to the preliminary plat shall be submitted to the Planning and Zoning Board not  later than five days before the meeting at which the preliminary plat will be reviewed.  

 (B) Zoning Board action.  

(1) The Planning and Zoning Board shall review the preliminary plat to determine its  conformity to this chapter the official plan and all other ordinances and regulations in force which  affect subdivisions.  

(2) The Planning and Zoning Board shall within 45 days of the receipt of an application  for the approval of a preliminary plat approve or disapprove the plat or approve it with  modifications noting thereon any changes that will be required if agreed to by the subdivider. The  time may be extended for no more than 30 days after which one copy shall be returned to the  subdivider with the date of the approval or disapproval and the reason therefore accompanying  the plat.  

(3) If the preliminary plat as originally submitted or as changed or modified as required  by the Planning and Zoning Board meets the requirements of this chapter the Planning and  Zoning Board shall give it approval and it shall then be referred to the Village Board for tentative  approval. Within 30 days of receipt of the preliminary plat, the Village Board shall approve or  disapprove the plat. If the preliminary plat is disapproved objections to it shall be noted and it  shall be returned to the Planning and Zoning Board, if it is approved the Village Clerk shall affix  his/her signature to it with the notation that it shall then be returned to the subdivider for  compliance with final approval requirements.  

 (C) Preliminary approval. Preliminary approval by the Village Board of the preliminary plat shall  give the application the following rights for a 12-month period from the date of approval:  

(1) That the Village will not change the general terms and conditions under which the  preliminary approval was granted.  

(2) That the applicant may submit the whole or parts of the preliminary approved plat for  final approval on or before the expiration date.  

SECTION 22-20: FINAL PLAT  

 After approval of the preliminary plat the subdivider may prepare and submit to the Planning and  Zoning Board the final plat incorporating all required modifications to the preliminary plan. During this  phase, the following actions shall be taken:  

 (A) Filing of final plat. After he has entered into a contract with the Village Board, guaranteed by  a bond, by which he agrees to provide utilities and improvements to the satisfaction of the Village  Engineer, the Village Attorney and Planning and Zoning Board, the subdivider shall file with the Plats  Officer, within 12 months of the date of approval or conditional approval of the preliminary plat (unless 

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such period is extended by the Planning and Zoning board), the final plat and three reproductions thereof  which shall conform to the requirements of Sections 22-24 et seq. of this chapter and three copies of  documents, plans and specifications meeting the requirements of Section 22-16. A drainage report  conforming to Section 22-29 shall accompany said plat. The Plats Officer shall forthwith transmit all  copies of the final plat to the Planning and Zoning Board.  

 (B) Zoning Board action. 

(1) Upon receipt thereof, the Planning and Zoning Board shall examine the final plat and  all necessary certificates to determine its conformance to the preliminary plat, the  recommendations of the Village Engineer, the Village Attorney’s review, and the requirements  established in this chapter. The Planning and Zoning Board shall complete its review within 30  days of its submission, unless the time is extended by the Board of Trustees in agreement with  the subdivider, and either approve or disapprove said final plat.  

(2) After the Planning and Zoning Board reviews the final plat, such review and the date  thereof shall be noted on the plat over the signature of the Plats Officer and the plat shall be  transmitted to the Village Board of Trustees for the necessary action on the final approval of the  plat and on any proposed dedications.  

 (C) Village Board of Trustees’ action. 

(1) The Board of Trustees shall approve or disapprove the final plat and accept or reject  the areas preserved for or dedicated to the public within 60 days of its submission to the Planning  and Zoning Board unless the subdivider is notified of objections to the plat or the time is extended  by agreement with the subdivider.  

(2) After the final plat has been approved by the Board of Trustees, both the Village  Engineer and Village Clerk shall sign and return it to the subdivider. Copies of the plat shall also  be transmitted to the Planning and Zoning Board, Village Attorney, Village Engineer and Village  Clerk for their files.  

 (D) Subdivider action. Upon receipt of the final plat approval by the Village Board of Trustees the  subdivider shall record the plat with the Stephenson County Recorder’s Office within 90 days of the date  of the Board action. Failure to record the final plat within 90 days will void the Board’s action and  necessitate reinstitution of the final plat procedure in accordance with the provisions of this chapter.  

ARTICLE III  

PRELIMINARY PLATS  

SECTION 22-21: SUBMISSION TO PLANNING AND ZONING BOARD  

 (A) Every proposed subdivision shall be submitted to the Planning and Zoning Board for tentative  or conditional approval in the form of a preliminary plat prior to the submission of a final record plat. The  preliminary plat is not intended to be a final record plat and must be prepared in such form as not to be  confused with a final record plat. Its purpose shall be to show graphically all facts needed to enable the  Planning and Zoning Board and other public bodies to determine whether the proposed layout of the land  in question is satisfactory from the standpoint of the public interest. The preliminary plat shall be  prepared by a registered professional engineer.  

 (B) The graphic and descriptive items are normally required to be shown on the preliminary plat  and the accompanying application for approval. The lack of information under any item specified herein  or inaccurate information supplied by the applicant, shall be cause for disapproval of a preliminary plat. 

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SECTION 22-22: APPLICATION FOR APPROVAL  

 The owner or his agent shall file a “Declaration of Intent to Subdivide” on forms furnished by the  Planning and Zoning Board and this shall be accompanied by the preliminary plat which contains the  following information:  

 (A) Declaration of intent. The Declaration of Intent to Subdivide shall take the following form:  

I, __________, owner sponsor optionee of a parcel of land described as  

follows:  

(General description, subdivision name, location by section, township  

and range, reference to roads.)  

Hereby formally announce my intention to subdivide said property and to  

submit a preliminary plat of the subdivision to the Planning and Zoning  

Board within six months of this date.  

Signed this ____ day of _______, 20___.  

Signature.  

 (B) Name for file identification. 

 (1) Name of subdivision if property is within an existing subdivision.   (2) Proposed name if not within a previously platted subdivision.  

(3) Name of property if no subdivision name has been chosen (this is commonly the  name by which the property is locally known).  

 (C) Location and description of property. Location of property by government lot, section,  township, range and county.  

 (D) Basic facts and proposals pertaining to the property. 

 (1) Size of tract in gross and net acres. Existing lots, if any, in square feet.   (2) Existing zoning classification of property and any rezoning proposed to be requested.   (3) Number of lots proposed in subdivision.  

 (4) Area of lots proposed, minimum, average, and maximum.  

 (5) Lineal feet of streets in the subdivision.  

 (6) Proposed type of water and sewer facilities.  

(7) Any other proposals, such as parcels of land intended to be dedicated, conveyed, or  reserved for public use, and the conditions proposed for such disposal and use.  

 (E) Information as to ownership, preparation of plat, and submission thereof. 

(1) Name and address, including telephone number, of legal owner or agent of property  and citation of last instrument conveying title to each parcel of property involved in the proposed  subdivision, giving grantor, grantee, date, and land records reference. 

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 (2) Citation of any existing legal rights-of-way or easement affecting the property.   (3) Existing covenants on the property if any.  

(4) Name and address including telephone number of the registered professional  engineer of Illinois responsible or the design of the subdivision and the public improvements, and  the registered professional land surveyor of Illinois responsible for surveys shown on preliminary  plat as submitted.  

SECTION 22-23: THE DRAWING  

 Five copies and one reproducible copy of the preliminary plat shall be submitted to the Planning  and Zoning Board. These may be blueline or blackline prints at a scale of not more than 100 feet to the  inch, and shall show correctly on its face the following information:  

 (A) Date, scale and north point.  

 (B) The proposed subdivision name (must be same as that specified on the application).  

 (C) The name and address of the owner, the subdivider, and the surveyor responsible for the  surveys.  

 (D) Location of the subdivision by government lot, quarter section, section, township, range and  county.  

 (E) A vicinity sketch or small scale drawing of the section or area within which the subdivision  lies, with the location of the subdivision indicated thereon.  

 (F) The exact length and bearing of the exterior boundaries of the subdivision. Dimensions shall  be expressed in feet and decimals of a foot.  

 (G) Location and names of adjacent subdivisions and owners of adjoining parcels of  unsubdivided land.  

 (H) Zoning on and adjacent to the subdivision.  

 (I) Location, width, and names of all existing and platted streets, alleys, and other public ways  and easements, railroad and utility right-of-ways, parks, cemeteries, watercourses, drainage ditches,  permanent buildings, bridges, and other pertinent data as determined by the Planning and Zoning Board.  

 (J) The water elevations of adjoining lakes or streams at the date of the survey and the  approximate high and low water elevations of such lakes or streams. All elevations shall be referred to  the USGS datum plane.  

 (K) If the subdivision borders a lake, river or stream the distances and bearings of a meander line  established not less than 20 feet back from the ordinary high-water mark of such waterway.  

 (L) If a major water course lies adjacent to or transverses the property, it shall be necessary for  the registered engineer to submit cross-section, drainage easements, building setback lines and  supporting calculations based upon 100-year flood history.  

 (M) Layout, width, grades and proposed names of all new streets and right-of-ways, including  alleys, highways, easements for sewers and water mains, and other public utilities. 

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 (N) Existing sewers, water mains, culverts, and other underground structures within the tract or  immediately adjacent thereto. The location and size of the nearest water main and sanitary and storm  sewers are to be indicated in a general way upon the preliminary plat.  

 (O) Plans of proposed utility layouts (water sewers and storm drains) showing connections to any  existing or proposed utility systems.  

 (P) Approximate dimensions and area of lots. All lots over one acre in size shall have the area  marked within the lot.  

(Q) Proposed building setback lines.  

 (R) Approximate radii of all curves, length of tangents and central angles on all streets.  

 (S) Approximate location and area of all property proposed to be dedicated or reserved for public  use or to be reserved by deed covenant for use of all property owners in the subdivision, with the  conditions, if any, of such dedication or reservation.  

 (T) Contours at vertical intervals of not more than two feet.  

ARTICLE IV  

FINAL PLATS  

SECTION 22-24: FINAL PLAT MAY CONSTITUTE ALL OR A PORTION OF THE APPROVED  PRELIMINARY PLAT  

 A final plat may constitute only a portion of the area contained in the approved preliminary plat  provided that the public improvements constructed in the area covered by the plat are sufficient by and of  themselves to accomplish a proper development and to provide adequately for the health, safety, and  convenience of the proposed residents therein and for adequate access to contiguous areas.  

SECTION 22-25: APPLICATION FOR APPROVAL  

 Written application by the owner or his agent for approval, on forms furnished by the Planning  and Zoning Board, shall accompany each final plat and contain the following information:  

 (A) Name of subdivision (which is subject to approval by the Village Board of Trustees and  should be cleared with the Planning and Zoning Board prior to submission of the plat) and description of  blocks and lots included on plat.  

 (B) Location of subdivision by government lot, section, township, range, and county.  

 (C) Name, date of approval, and file number of the preliminary plat upon which the final plat is  based.  

 (D) Zoning classification of the property.  

 (E) Total number of lots and/or parcels included on the plat.  

 (F) Total area (gross area) shown on the plate including streets, and total area dedicated to  public use, if any.  

 (G) Existing or proposed covenants, if any. Reference shall be made to any private restrictions,  and plats shall contain proper acknowledgments of owners and mortgages accepting said platting and  restrictions. 

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 (H) Name and address, including telephone number, of the owner or his agent and the surveyor  responsible for the survey.  

SECTION 22-26: FINAL PLAT CONTENTS  

 The final plat shall be drawn with the waterproof nonfading black ink, at a scale of not more than  100 feet to the inch, on Mylar or its equivalent 71 inches wide by 22 inches long. When more than one  sheet is used for any plat, each sheet shall be numbered consecutively and shall contain a notation giving  the total number of sheets in the plat and showing the subdivision. Each plat shall show correctly on its  face the following information:  

 (A) Map and engineering information. 

 (1) Date, scale and north point.  

 (2) The exterior boundaries of the land surveyed and divided.  

(3) All monuments erected, corners and other points established in the field in their  proper places. The material of which the monuments, corners or other points are made shall be  noted at the representation thereof or by legend, except that lot corner need not be shown. The  legend for metal monuments shall indicate the diameter and length of the monuments.  

(4) The exact length and bearing of the exterior boundaries, the boundary lines of all  blocks, public grounds, streets and alleys, and all lot lines, except that when the lines in any tier  of lots are parallel, it shall be sufficient to make the bearings of the outer lines on one tier thereof.  Easements shall be shown by centerline and width when lines are parallel to the boundary,  otherwise boundary bearings and distances shall be shown. Where the exterior boundary lines  show bearings or lengths which vary from those recorded in abutting plats or certified surveys,  there shall be the following note placed along such lines, “recorded as (show recorded bearing or  length or both).”  

(5) Blocks, if designated, shall be consecutively numbered, or lettered in alphabetical  order. The blocks in numbered additions to subdivision bearing the same name shall be  numbered or lettered consecutively through the several additions.  

(6) All lots in each block shall be consecutively numbered. Outlots shall be lettered in  alphabetical order if blocks are numbered or lettered, outlots shall be lettered in alphabetical  order within each block.  

(7) The length of boundary lines of all streets, alleys, blocks, lots, parcels, public  grounds, easements, and rights-of-way or enough information so that the length of these lines  can be derived by simple calculations. Where a boundary line is an arc of a circle, the length of  the chord shall be shown.  

 (8) The widths of all streets, alleys, easements and rights-of-way.  

 (9) Graphic presentation of the minimum building setback lines on all lots and parcels   and a notation of the distance between such lines and the street right-of-way line.  

 (10) The area of each lot or parcel containing an area of one acre or more.  

(11) The words “Private Road” clearly marked on all streets shown on the plat which are  not dedicated to public use.  

(12) Abutting street lines of adjoining subdivisions, shown in their correct locations by  dashed lines. 

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 (13) The exact width of all easements, streets and alleys.  

(14) All lake or stream shore meander lines established by the surveyor in accordance  with this chapter, the distance and bearings thereof and the distance between the point of  intersection of such meander lines with lot lines and the ordinary high-water mark.  

(15) The number of degrees and minutes in all exterior boundary and block angles.  When such angles are between a curve and its tangent, the angle shown shall be that between  the tangent and the main chord of the curve. When between curves of different radii, the angle  between the main chord.  

(16) When strict compliance with a provision of this section will entail undue or  

unnecessary difficulty or tend to render the plat more difficult to read and when the information on  the plat is sufficient for the exact retracement of the measurements and bearings or other  necessary dimensions, the Planning and Zoning Board upon the recommendations of the Village  Engineer, may waive such strict compliance.  

 (B) Name, location and position. The name of the subdivision shall be printed on the plat in  prominent letters, and the following information relating to the position and location of the subdivision  shall be shown thereof:  

(1) The location of the subdivision by government lot recorded private claim, quarter  section, section, township, range, and county noted immediately under the name given the  subdivision.  

(2) The exact location of the subdivision, indicated by distances and bearings with  reference to a corner or corners established in the U.S. public land survey.  

(3) The names of adjoining streets, state highways and subdivisions shown in their  proper location underscored by a dotted line.  

(4) Abutting street and state highway lines of adjoining plats shown in their proper  location by dotted lines. The width of these streets and highways shall be given also.  

 (C) Roads and public spaces. 

(1) The name of each road or street in the plat shall be printed therein in prominent  letters.  

(2) All lands dedicated to public use except roads and streets shall be clearly marked  “Dedicated to the Public.”  

(3) All roads or streets shown on the plat which are not dedicated to public use shall be  clearly marked “Private Road,” or “Private Street,” or “Private Way.”  

(4) Each lot within the plat must have access to a public or private street unless  otherwise provide by local ordinance.  

 (D) Site conditions and topography. 

 (1) All existing buildings.  

(2) All watercourse, drainage ditches, and other existing features pertinent to proper  subdivision. 

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(3) The water elevations of adjoining lakes, rivers, or streams at the date of the survey  and the approximate high and low water elevations of such lakes, rivers, and streams. All  elevations shall be referred to the USGS mean sea level datum plane.  

(Ord. 95-47, passed 10/09/95)  

SECTION 22-27: RECORDING OF FINAL PLAT  

 (A) To entitle a final plat to be entered in the proper record books in the Office of the County  Recorder of Stephenson County, the following certificates together with the Certificate of Approval of the  Board of Trustees shall accompany it. These certificates shall be lettered and printed legibly on the face  of the final plat.  

 (B) The following certificates and affidavits shall appear on the final plat. They must be duly  signed by the appropriate person before the plat is entitled to record.  

 (1) Certification by surveyor.  

I, __________, a Professional Land Surveyor in the State of Illinois,  

hereby certify that, at the request of __________, I have caused an  

accurate survey to be made of the property described above as  

__________. I further certify that a 5/8 inch reinforcing bar has been  

placed at each lot corner, at each block corner and points of curve in the  

street, and that concrete monuments have been set or found at the  

locations indicated on the plat. I further certify that the accompanying  

plat is a true and correct representation of said survey, and the  

dimensions shown are given in feet and decimals of a foot upon said  

plat.  

I hereby further certify that __________ is located in the Special Flood  

Hazard Zone __________ identified for the Village of Lena, Illinois, by  

the Federal Emergency Management Agency on the Flood Insurance  

Rate Map, Panel.  

No. _____, dated _______.  

Signed at_______, Illinois, this ____ day of ________, 20___.  

Illinois Professional Land Surveyor  

No.____ 

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(2) Certification of dedication by the owner of the land.  

As owner, I hereby certify that I have caused the land described in the  foregoing affidavit of the surveyor, to be surveyed, divided, and mapped  as presented on this Plat. All streets, alleys, walkways, parks,  playgrounds and school sites shown on this plat are hereby dedicated to  the public for public purposes, and all easements shown are subject to  the Easement Provisions hereon.  

Owner  

Village of Lena, Illinois  

(3) Certification by notary public.  

I, __________, a Notary Public in and for the County of Stephenson, in  the State of Illinois, do hereby certify that __________ personally known  to me to be the same person(s) whose name(s) is (are) subscribed to the  foregoing instrument, appeared before me this day in person and  (several) acknowledge that he (they) signed, sealed and delivered said  instrument as his (their) free and voluntary act for the uses and purposes  therein set forth.  

Given under my hand and Notarial Seal, this ____ day of __________,  20___.  

(4) Certification by the County Clerk.  

I, __________, County Clerk of Stephenson County in the State of  Illinois, do hereby certify that I find no delinquent general taxes, unpaid  current general taxes, delinquent special assessments or unpaid current  special assessments against the lands embraced within the tract of land  described and platted in the accompanying plat.  

In witness whereof, I have hereunto set my hand and seal of the County  of Stephenson, this ____ day of __________, 20___.  

(5) Easement provision.  

An easement is hereby reserved for and granted governmental bodies and other public  utilities and their respective successors and assigns within the area as shown by dotted lines on  the plat and marked “Easement”, to install, lay, construct, renew, operate and maintain storm and  sanitary sewers, pipes, conduits, cables, poles and wires, overhead and underground, with all  necessary braces, guys, anchors and other equipment for the purpose of serving the subdivision  and other property with telephone, electric, cable television and other utility service; also is  hereby granted the right to use the streets for said purpose, the right to overhang lots with aerial  service wires to service adjacent lots, the right to enter upon the lots at all times to install, lay,  construct, renew, operate and maintain within the said easement area said storm and sanitary  sewers, pipes, conduits, cables, poles, wires, braces, guys, anchors, and other equipment, and  finally the right is hereby granted to cut down and remove or trim and keep trimmed any trees,  shrubs or saplings that interfere or threaten to interfere with any of the said public utility  equipment installed on said easement but same may be used for gardens, shrubs, landscaping  and other purposes that do not then or later interfere with the aforesaid uses or the rights therein  granted. 

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 If the grade of subdivided property must be so altered or if storm and sanitary sewer facilities  require that the underground utility be moved or otherwise altered, the owners, their respective  successors and assigns, shall reimburse the utility company for the necessary expense involved.  

 (6) Certification by the Village Engineer.  

All required improvements including streets, sidewalks, sanitary sewers,  

storm sewers, water mains and drainage structures have been built or  

required, or have been provided for by bond contact or irrevocable letter  

of credit to my approval.  

Dated this ___ day of __________, 20___.  

 (7) Certification by Planning and Zoning Board Chairman.  

This is to certify that the Planning and Zoning Board of the Village of  

Lena did, at its meeting on the ___ day of __________, 20___ AD  

approve the plat and forwarded it to the Village Board of Trustees.  

Planning and Zoning Board Chairman.  

(8) Certification by Village Clerk.  

This is to certify that the Village Board of the Village of Lena did, at its  

meeting on the ___ day of __________, 20___, approve the Plat and  

authorize it to be recorded.  

In witness whereof, I _________, Village Clerk of the Village of Lena,  

hereunto set my hand and affixed the said of said Village of Lena, this  

___ day of __________, 20___.  

Village Clerk  

(9) Form of certification of recording official.  

Filed for record this ___ day of __________, 20___, at ___:___ o’clock,  

__.M., recorded in Book of Plats, page ___ and examined.  

County Recorder  

Document Number  

(10) Certification of road access.  

This plat has been approved with respect to roadway access pursuant to  

Ch. 765, Act 205, § 2, as amended.  

Village President 

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ARTICLE V  

DESIGN STANDARDS  

SECTION 22-28: CONFORMANCE TO APPLICABLE RULES AND REGULATIONS  

 In addition to the design standards established herein, all subdivision plats shall comply with the  following laws, ordinances, rules and regulations.  

 (A) The provisions of Chapter 65 of the Illinois Compiled Statutes.  

 (B) The Village Zoning Ordinance and all other applicable ordinances of the appropriate  jurisdictions.  

 (C) The requirements of the County Health Department and the Illinois State Department of the  Public Health in relation to lot size and lot elevation if the subdivision is not served by public water or by a  public sewer and provision for one or both of these services has not been made.  

 (D) The rules of the Illinois Department of Transportation relating to safety of access of the  preservation of the public interest and investment in the street if the subdivision or any lot contained  therein abuts a state trunk highway or connecting street.  

SECTION 22-29: STREET AND ALLEYS  

 (A) Generally. Streets shall be designed and located in relation to existing and planned streets,  to topographical conditions and natural terrain features such as streams and existing tree growth, to  public convenience and safety, and in appropriate relation to the proposed uses of land to be served by  such streets.  

 (B) Arrangement. 

(1) All streets shall be properly integrated with the existing and proposed systems of  thoroughfares and dedicated rights-of-way as established on the official map of the Village.  

(2) All thoroughfares shall be properly related to special traffic generators such as  industries, business districts, schools, churches, and shopping centers, to population densities  and to the pattern of existing and proposed land uses.  

(3) Streets shall be laid out to conform as much as possible to the topography, to  discourage use by through traffic, to permit efficient drainage and utility systems and require the  minimum number of streets necessary to provide convenient safe access to property.  

(4) The rigid rectangular gridiron street pattern need not necessarily be adhered to, and  the use of curvilinear streets, cul-de-sacs, or U-shaped streets shall be encouraged where such  use will result in a more desirable layout.  

(5) Proposed streets shall be extended to the boundary lines of the tract to be  

subdivided, unless prevented by topography or other physical conditions, or unless in the opinion  of the Planning and Zoning Bard, such extension is not necessary or desirable for the  coordination of the layout of the subdivision with the existing layout or the most advantageous  further development of adjacent tracts.  

(6) In business and industrial developments, the street and other access ways shall be  planned in connection with the group of buildings, location of rail facilities, and the provision of  alleys, truck loading and maneuvering areas, fire protection and walks and parking areas so as to  minimize conflict of movement between the various types of traffic, including pedestrian. 

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 (C) Railroad and highways. Railroad rights-of-way and limited access highways where so  located as to effect the subdivision of adjoining lands shall be treated as follows:  

(1) In residential districts, a buffer strip at least 25 feet in depth in addition to the normal  depth of the lot required in the district shall be provided adjacent to the railroad right-of-way or  limited access highway. This strip shall be part of the platted lots and shall be designated on the  plat: “This strip is reserved for the planting of trees and shrubs by the owner. The placement of  structures hereon is prohibited.”  

(2) In districts zoned for business, commercial or industrial uses, the nearest street  extending parallel or approximately parallel to the railroad shall, wherever practicable, be at a  sufficient distance there from to ensure suitable depth for commercial or industrial sites.  

(3) Streets parallel to the railroad when intersecting a street which crosses the railroad at  grade, shall, to the extent practicable, be at a distance of at least 150 feet from the railroad right of-way. Such distance shall be determined with due consideration of the minimum distance  required for future separation of grades by means of appropriate approach gradients.  

 (D) Access to major streets. Where a subdivision borders on or contains an existing or proposed  major street, the Planning and Zoning Board may require that access to such streets be limited to the  number of residential streets entering a major street be kept to a minimum.  

 (E) Street (residential). The following minimum standards shall apply to the design of residential  streets:  

Minor  

Residential 

Collector  Residential 

Right-of-way 60’ 70’  

Pavement width 31’ 36’  

Type of curb * * 

Sidewalk width 4’ 4’  

Sidewalk distance from R-O-W 1’ 1’  

Minimum center line rad. 250’ 350’  

Design speed (MPH) 30 30  

 * Combination concrete curb and gutter IDOT Standard M-6.18.  

 (F) Street grades. The grade of major streets shall not exceed five percent unless necessitated  by exceptional topography and approved by the Planning and Zoning Board. The grade of all other  streets shall exceed six percent. The minimum grade of all streets shall be four-tenths (0.4) of one  percent. Curb ramps at intersections shall conform to IDOT Standard 2356-2 (Curb Ramps Accessible to  the Disabled).  

 (G) Tangents. A tangent at least 100 feet in length shall be introduced between reverse curves  on major arterials and collector streets.  

 (H) Cul-de-sacs, dead-end streets, stub street. 

(1) A cul-de-sac shall not be longer than 600 feet in a residential subdivision, as  measured from the center of the intersection to the center point of the cul-de-sac.  

(2) The diameter of a cul-de-sac turnaround (measured at the outside right-of-way) shall  be not less than 120 feet with a pavement diameter (measured at the back of the curb) of not less  than 100 feet. 

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(3) All dead-end streets or stub streets shall be improved to the limits of the subdivision  plat and terminated by a barricade improvement recommended by the Village Engineer, approved  by the Village Board of Trustees and installed by the subdivider at his own expense.  

 (I) Half-streets. Street systems in new subdivisions shall be laid out so as to eliminate or avoid  half-streets. Where a new subdivision abuts an existing street of inadequate right-of-way width, additional  right-of-way width may be required to be dedicated by the subdivider to meet the requirements of this  section.  

 (J) Street intersections. 

(1) 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 70° shall not be acceptable.  Not more than two streets shall intersect at anyone point unless specifically approved by the  Planning and Zoning Board.  

(2) Proposed neck intersections along one side of an existing street shall, wherever  practicable, coincide with an existing intersection on the opposite side of such street. Street jogs  with centerline offsets of less than 125 feet shall not be permitted, except where the intersected  street has separated dual drives without median breaks at either intersection. Where streets  intersect major streets, their alignment shall be continuous.  

(3) Minimum curb radius shall be 25 feet. In any case, where more dedication is  deemed necessary to provide safe sight distance for traffic channelization, the Planning and  Zoning Board may specify a greater cutoff than the normal cited above. Alley intersections and  abrupt changes in alignment within a block shall have the corners cut off in accordance with  standard engineering practice to permit safe vehicular movement.  

(4) Where the grade of any street at the approach of an intersection exceeds five  percent, a leveling area shall be provided having not greater than four percent grade a distance of  25 feet, measured from the nearest right-of-way line of intersecting street.  

(5) Intersections shall be designed with a flat grade wherever practical. In no case shall  the vertical alignment within the intersection exceed four percent.  

(6) Where any street intersection will involve earth banks or existing vegetation inside  any lot corner that would create a traffic hazard by limiting visibility, the subdivider shall cut such  ground and/or vegetation (including trees) in connection with the grading of the public right-of-way  to the extent deemed necessary to provide an adequate sight distance.  

 (K) Street names. All street names are to be approved by the Village Planning and Zoning Board  and the post office prior to final map approval. No street names shall be used which will duplicate or be  confused with the names of existing streets. New streets which are extensions of or obviously in  alignment with existing streets, shall bear the name of the existing streets.  

 (L) Street paving. Surfacing shall consist of a bituminous surface plant mix or equivalent  bituminous mat of a minimum of two inch thickness constructed on a ten inch minimum compacted gravel  or crushed stone base. Designated surface treatments shall meet the specifications of the Illinois  Department of Transportation.  

 (M) Alleys. Alleys shall not be approved in residential areas.  

 (N) Storm water drainage system. 

(1) The storm water drainage system shall be separate and independent of any sanitary  sewer system. Storm sewer design computations shall be submitted along with plans. Inlets 

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shall be provided so that surface water is not carried across or around any intersection in the  gutter. Surface water drainage patterns shall be shown for each and every lot and block.  

(2) A stormwater drainage report shall be submitted showing stormwater calculations  based on the Soil Conservation Service Technical Release 55 or Rationale Method. The  stormwater release rate after development shall not exceed the release rate prior to development.  The stormwater runoff shall be computed using a 100 year, 25 year and five year frequency  storm. Stormwater detention shall be provided where determined necessary to meet these  requirements.  

SECTION 22-30: EASEMENTS  

 In all new residential subdivisions, all utilities, community action cables, electrical and telephone  distribution systems, or any other commercial service be laid underground, including storm, water, gas,  drainage and sewer.  

 (A) Easements for electrical and telephone services shall be a minimum of ten feet wide and to  be established where practicable at the rear of each lot and along other such lot lines as provided  continuity of alignment from block to block to be installed underground within easements of dedicated  public ways. Underground street light supply lines shall be designated on the plat and necessary  easements provided to furnish access to such positions. Easement provisions as set forth in § 22-26  should appear on the face of each final plat.  

 (B) Utility easements not less than five feet wide should be provided on each side of all rear lot  lines and where necessary, along side lot lines. An easement provision as set forth in § 22-26 shall  appear on the face of each final plat.  

 (C) Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there  shall be provided a storm water easement or drainage right-of-way conforming substantially to the lines of  such watercourse and of such width or construction or both as will be adequate for the purpose.  Wherever possible, it is desirable that the drainage be maintained by an open channel with landscaped  banks and adequate width for maximum potential volume of flow.  

SECTION 22-31: BLOCKS  

 (A) Residential blocks. 

(1) Blocks shall have sufficient width to provide of two tiers of lots of appropriate depths.  Exceptions of this prescribed block width shall be permitted in blocks adjacent to major streets,  railroads or waterways.  

(2) The lengths, widths, and shapes of blocks shall be such as are appropriate for the  locality; and the type of development contemplated, but block length in residential areas shall not  exceed 1,500 feet nor be less than 400 feet in length.  

 (B) Non-residential blocks. Blocks designed for business, commercial or industrial uses shall be  of such length and width as may be determined suitable by the Planning and Zoning Board for the  prospective use.  

SECTION 22-32: LOTS  

 (A) In general, the size, shape and orientation of lots shall be appropriate for the location of the  subdivision and for the type of development and use contemplated. Lot diameters shall conform to the  requirements of the Village Zoning Ordinance and in no case, in a residential district, shall a lot contain  

less than 10,000 square feet of area or be less than 80 feet wide, measured at the set back line.  However, in any residential district, on a lot of record on the effective date of this chapter, a single-family 

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dwelling may be established regardless of the size of the lot, provided all the requirements of this chapter  are complied with.  

 (B) Depth and width of properties reserved or laid out for business, commercial, or industrial  purposes shall be adequate to provide for the off-street parking and loading facilities required for the type  of use and development contemplated, as established in the Village Zoning Ordinance.  

 (C) Every lot shall front on or about a public street. Lots with access only to private drives or  streets shall be permitted only with the approval of the Planning and Zoning Board.  

 (D) Lots shall be laid out so as to provide positive drainageway from all buildings, and individual  lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be  designed so as to avoid concentration of storm drainage water from each lot to adjacent lots.  

 (E) Side lot lines shall be approximately at right angles or radial to street lines.  

 (F) Corner lots for residential use shall have extra width to permit appropriate building setback  from and orientation to both streets.  

ARTICLE VI  

ADMINISTRATION & ENFORCEMENT  

SECTION 22-33: ORGANIZATION  

 This chapter shall be administered according to the following provisions:   (A) The Board of Trustees. The Village Board reserves to itself the following functions:  

(1) Approval or disapproval of all preliminary and final plats referred to the Board of  Trustees by the Planning and Zoning Board.  

(2) Approval or disapproval of all variations and exceptions recommended by the  Planning and Zoning Board.  

 (3) Amendment of this chapter when necessary and desirable, as hereinafter provided.   (4) Enforcement of this chapter’s provisions.  

(5) Administration of this chapter’s provisions until the Village Planning and Zoning  Board Plats Officer are appointed.  

 (B) The Village Planning and Zoning Board. 

(1) The Village Planning and Zoning Board shall administer the provisions of this  chapter, and shall:  

 (a) Receive and file all preliminary plats (together with applications);  

(b) Forward copies of the preliminary plat to appropriate officers and agencies  

for their recommendations, evaluations and reports;  

(c) Receive all final plats, and verify compliance with the preliminary plat,  

together with any changes to the preliminary plat; 

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(d) Forward all preliminary and final plats with recommendations to the Board of  Trustees;  

(e) Make all determinations required by the regulations set forth herein or  

promulgated pursuant thereto, and establish permanent files for all preliminary and final  plats; and  

 (f) Maintain records of all applications, proceedings and determinations.  

(2) The Village Board shall be vested with the powers of the Village Planning and Zoning  Board until the Planning and Zoning Board is appointed and operational.  

 (C) Plats Officer 

(1) A Plats Officer shall be appointed by the Village President subject to the approval of  the Board of Trustees. The Plats Officer shall have the following responsibilities:  

(a) Advise engineer’s, subdividers, and the public regarding local procedures,  

standards and actions of the Board of Trustees and/or Planning and Zoning Board  regarding plat review and requirements.  

(b) Act as technical administrator and coordinator to the Planning and Zoning  

Board and Board of Trustees and a liaison to the Village Engineer.  

(c) Notify the Village Board of Trustees whenever any provisions of this chapter  have been violated.  

(d) Collect all plat fees due the Village and transfer said fees to the Village Clerk  for deposit in the General Fund.  

(2) The Village Engineer shall serve as Plats Officer until that officer is appointed and  assumes his or her duties.  

 (D) The Village Engineer. The Village Engineer shall review all preliminary and final subdivision  plats and make determinations regarding design standards and engineering specifications, as set forth  herein. His determinations and recommendations shall be forwarded in writing to the Planning and  Zoning Board and to the Village Attorney prior to consideration of any preliminary or final plat approval.  The Village Engineer shall also monitor the installation of improvements as set forth in § 22-38 of this  chapter.  

SECTION 22-34: ENFORCEMENT  

 (A) Whenever it shall come to the knowledge of the Plats Officer or an employee of the Village  that any of the provisions of this chapter have been violated, it shall be the duty of that officer or  employee to notify the Village Board of Trustees.  

 (B) The Village shall defer permit requests for improvements on property until such time as the  plat for such property has been approved and recorded in the manner provided by this chapter. No  building permit shall be granted except for improvements on land for which a plat has been approved and  recorded according to the requirements of this chapter or on those parcels of property platted or recorded  as separate parcels of property prior to the effective date of this chapter. 

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SECTION 22-35: VARIATIONS AND EXCEPTIONS  

 (A) General requirements. Where the Planning and Zoning Board finds that extraordinary  hardships or particular difficulties may result from strict compliance with these regulations, it may  recommend to the Board of Trustees variations or exceptions to the regulations, provided that such  variations or exceptions shall not have the effect of nullifying the intent and purpose of this chapter, and  further provided that the Planning and Zoning Board shall not recommend variations or exceptions to the  regulations of this chapter unless it shall make findings based upon evidence that:  

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

(2) The conditions upon which the request for the variation is based are unique to the  property for which the variation is sought, and are not applicable, generally, to other property.  

(3) Because of the particular physical surroundings, shape or topographical conditions of  the specific property involved, a particular hardship to the owner would result as distinguished  from a mere inconvenience, if the strict letter of the regulations was carried out.  

(4) Cost to the subdivider of strict or literal compliance with the regulations shall not be  the sole reason for granting a variation or exception.  

(5) The granting of a variance shall not set a precedent which may be utilized by others  or subdividers to seek variances from the provisions of this chapter.  

 (B) Conditions. In recommending variations and exceptions, the Commission may require such  conditions as will, in their judgment, secure substantially the objective of the standards or requirements of  this chapter.  

 (C) Procedure for a variation. A petition for any such variation shall be submitted in writing by  the subdivider at the time when the preliminary plat is filed for the consideration of the Planning and  Zoning Board. The petition shall fully detail the grounds for the application and all of the facts taken into  consideration by the petitioner.  

 (D) Recommendation and approval. Such variations and exceptions as may be recommended  by the Planning and Zoning Board shall be forwarded to the Village Board of Trustees in writing,  substantiating the recommended variations and/or exceptions. The Board of Trustees may approve such  variations or exceptions from the requirements of this chapter in specific cases as listed on the final plat,  which in its opinion do not adversely affect the intent and purpose of this chapter.  

SECTION 22-36: AMENDMENTS  

 For the purpose of promoting the public health, safety and general welfare, the Village Board may  from time-to-time amend the regulations imposed by this chapter. Public hearings on all proposed  amendments shall be held by either the Village Board or the Planning and Zoning Board in the manner  prescribed by law.  

SECTION 22-37: FEES  

 To help cover the cost of supervisory personnel, plat examination, filing, recording and other  expenses incidental to the approval of a subdivision, the subdivider shall pay a fee at the time of  application for approval of a preliminary plat. Such fee shall be $150 for each application for a  subdivision. There shall be no refund of any portion of the fee if the subdivider fails to apply for final  approval of the subdivision or if the preliminary plat expires. In addition, the subdivider shall be 

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responsible for $100 per lot of the fees incurred by the Village for the services of the Village Engineer in  connection with the detailed phase plats prepared by the subdivider and for the Village Engineer’s  document review of the subdivider’s documents. (Passed 02/14/05)  

SECTION 22-38: FIELD INSPECTION  

 (A) All public improvements to be made under the provisions of this chapter shall be inspected  on a regular basis by the subdivider’s engineer. The frequency and duration of such inspections shall be  adequate to insure that all improvements are constructed in strict accordance with the plans and  specifications approved by the Village. The subdivider’s engineer shall provide written certification that all  improvements have been properly installed.  

 (B) The Village’s designated officer or employee in charge of public works and the Village  Engineer shall be notified whenever construction is being done so that they may conduct independent  inspections as deemed necessary.  

 (C) The subdivider shall provide three copies of construction record drawings of all  improvements completed to the Village. These drawings shall be accurately dimensioned. Sanitary  sewer manhole rims and invert elevations, water main locations, water service and sanitary sewer service  locations shall be shown on the construction record drawings.  

 (D) The construction record drawings shall be a condition of final acceptance of the  improvements and release of the surety bond or letter of credit.  

SECTION 22-99: PENALTY  

 (A) Any person who violates any provision of this chapter for which no penalty is otherwise  provided shall be subject to the penalty provided in § 1-99.  

 (B) Whoever sells, offers for sale, improves by construction of building, or leases for any time  exceeding five years, any lot, block, parcel, part or division of land in the Village before all the  requirements of this chapter have been complied with shall be fined $25 a day for each lot, block, parcel,  division or part thereof so disposed of, offered for sale, improved or leased.  

 (C) Whoever shall lay out, locate, open, widen or extend, or alter the location of any highway,  road, street, alley, public ground, toll road, railroad or canal and refuses or neglects to cause a plat  thereof, showing the width, courses and extent thereof, and making such reference to known and  established corners or monuments that the location thereof may be ascertained to be made, and  recorded in the office of the Recorder of Deeds, six months after such highways, road, street, alley, public  ground, toll road, railroad or canal is laid out, located, opened, widened or extended or the location  thereof altered, shall forfeit $2,500 and the like sum for ever day he shall continue in such refusal or  neglect after conviction, together with court costs.  

(Ord. 95-47, Passed 10/09/95) 

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