Chapter 74
SUBDIVISIONS*
------------
Cross references: Advertising, ch. 6; businesses, ch. 22; streets, sidewalks and other public places, ch. 70; utilities, ch. 86; vegetation, ch. 90; zoning, app. A.
State law references: Map, plat or subdivision of land, penalty, 55 ILCS 5/3-5029; plan commissions, 65 ILCS 5/11-12-4 et seq.; approval of maps and plats by municipal authorities, 65 ILCS 5/11-15-1; Plat Act, 765 ILCS 205/0.01 et seq.
------------
Article I. In General
Sec. 74-1. Title.
Sec. 74-2. Definitions.
Sec. 74-3. Modification of requirements.
Sec. 74-4. Changes, amendments.
Sec. 74-5. Violations; penalty.
Secs. 74-6– 74-25. Reserved.
Article II. Plats
Division 1. Generally
Sec. 74-26. When required.
Sec. 74-27. Subdivision restrictions.
Sec. 74-28. Streets in subdivisions platted prior to April 26, 1981.
Secs. 74-29– 74-40. Reserved.
Division 2. Preliminary Plat
Sec. 74-41. Required.
Sec. 74-42. Where filed; fee.
Sec. 74-43. Contents.
Sec. 74-44. Approval or disapproval.
Secs. 74-45– 74-55. Reserved.
Division 3. Final Plat
Sec. 74-56. Requisites for approval.
Sec. 74-57. Plat specifications; filing of approved plat.
Secs. 74-58– 74-80. Reserved.
Article III. Design Standards
Sec. 74-81. Generally.
Sec. 74-82. Relation to adjoining street system.
Sec. 74-83. Street and alley width.
Sec. 74-84. Easements.
Sec. 74-85. Blocks.
Sec. 74-86. Lots.
Sec. 74-87. Maintenance of improvements outside corporate limits.
Sec. 74-88. Easements along streams.
Sec. 74-89. Lines to be underground.
Sec. 74-90. Development in floodplain areas.
Secs. 74-91– 74-110. Reserved.
Article IV. Minimum Improvements
Sec. 74-111. Authority to proceed with final plat.
Sec. 74-112. Requirements for approval of final plat.
Sec. 74-113. Installation of part of improvements.
Sec. 74-114. Survey monuments.
Sec. 74-115. Street and alley improvements.
Sec. 74-116. Water lines.
Sec. 74-117. Sanitary sewers.
Sec. 74-118. Drainage.
Sec. 74-119. Permits.
Sec. 74-120. Sidewalks.
ARTICLE I. Sec. 74-1. Title.
This chapter shall be known and may be cited as "The City of Marshall, Illinois, Land Subdivision Ordinance."
(Ord. No. 81-10, § 13-1, 4-13-81; Ord. No. 94-26, § 1, 10-10-94)
Sec. 74-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Alley means a minor right-of-way dedicated to public use which gives a secondary means of vehicular access to the side or rear of properties otherwise abutting a street, and which may be used for utility purposes.
Average density means the total gross acreage of the applicable phase of the subdivision divided by the number of platted lots.
Commission means, refers to, and is the same as, the zoning commission of the city.
Comprehensive plan means the plan or any portion thereof adopted by the city council to guide and coordinate the physical and economic development of the city. The city's comprehensive plan may include, but is not limited to, plans and programs regarding the location, character, and extent of highways, bridges, public buildings or uses, utilities, schools, residential, commercial, or industrial land uses, parks, and drainage facilities.
Council means, refers to, and is the same as, the city council of the city.
Official map means a graphic statement of the existing and proposed zoning and comprehensive plan maps planned by the city which require the acquisition of land, such as streets, drainage systems, and parks.
Plans means all drawings, including plats, general plans, cross sections, profiles, working details and specifications, which the subdivider prepares or has prepared to show the character, extent and details of the improvements required in article IV of this chapter.
Plat means a map or drawing showing the lot and street arrangement or other features or details of the area being subdivided, as required in this chapter for preliminary and final approval and recording.
Resubdivision means the same as subdivision.
Security means a bond with surety of either a surety company or two responsible persons approved by the city council, cashier's or certified check or an irrevocable letter of credit.
Street means a public or private way for motor vehicle travel. The term "street" includes a highway, throughfare, parkway, through way, road, pike, avenue, boulevard, lane, place, drive, court and similar designations, but excludes an alley or a way for pedestrian or bicycle use only.
Street, arterial means a street that provides connection of collector to major streets and vice versa, connects and provides direct access to major traffic generators, may provide access to abutting property and designed or utilized primarily for medium volume and travel speeds on a continuous route with intersections at grade, and on which traffic control devices are used to expedite the safe movement of through traffic.
Street, collector means a street that provides access to adjoining property while serving as a connection between local and arterial streets that may or may not be continuous.
Street, local means a street serving limited amounts of residential traffic, and used for access to abutting property, and on which the speed limit is low and the traffic volume minimal.
Street, minor means a street primarily designed for providing access to residential, business, industrial or other abutting property and leading into collector streets.
Street, major means a street designed or utilized primarily as a highway for high vehicular speeds or for heavy volumes of traffic, carrying heavy loads on a continuous route connecting the city to surrounding cities, and which traffic control devices may be used to expedite the safe movement of through traffic, such as Archer Avenue, U.S. Highway 40 (F.A. Route 12), Illinois State Highway 1, and other county, state and federal highways.
Subdivider means any person, firm, partnership, association, corporation, estate or other group or combination acting as a unit, dividing or proposing to divide land in a manner that constitutes a subdivision as defined in this chapter.
Subdivision means either:
(1) The division or subdivision of a parcel of land into two or more parts, tracts, sites or parcels, any of which is less than five acres in area; or
(2) The establishment or dedication of a road, highway, street or alley through a tract of land regardless of area;
Provided, however, that the following shall not be considered a subdivision of land:
(a) The division of lots or blocks of less than one acre in any recorded subdivision which does not involve any new road, highway, street, alley or easement of access, provided the resulting parcels of land individually meet the requirements of the city's zoning ordinance and further provided that a survey is made by an Illinois Registered Land Surveyor, which survey at shall be recorded with the Recorder of Deeds in Clark County, Illinois;
(b) The sale or exchange of small parcels of land between owners of adjoining and contiguous land where such sale or exchange does not create additional lots;
(c) The conveyance of parcels of land or interest therein for use as a right-of-way for railroads or other public utility facilities and other pipe lines which does not involve any new road, highway, street, alley or easement of access;
(d) The conveyance of land owned by a railroad or other public utility which does not involve any new road, highway, street, alley or easement of access;
(e) The conveyance of land for road, highway, street, alley 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;
(f) Conveyances made to correct descriptions in prior conveyances;
(g) The sale or exchange of parcels or tracts of land following the division into no more than two parts of a particular parcel or tract of land existing on July 17, 1959 and not involving any new road, highway, street, alley or easement of access;
(h) The sale of a single lot of less than five acres from a larger tract when a survey is made by an Illinois Registered Land Surveyor; provided, that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions and configuration of the larger tract on October 1, 1973.
Subdivision, minor means a division of land into two but not more than four lots wherein all of the following criteria are met:
(1) All lots front upon an existing adequately improved street.
(2) The subdivision will not involve the creation of new streets, other rights-of-way, easements of access, the extension of city facilities or the creation of any public improvements, and will not adversely affecting the remainder of the parcel or adjoining property, and will not be in conflict with any provision or portion of the comprehensive plan, official map, zoning ordinance or this chapter, including lot line adjustments.
(3) A subdivision shall be considered minor for the purposes of this chapter after it has been so determined by the director of public works on the basis of a sketch plat or other supporting materials.
Subdivision, residential estates means a subdivision where the use on each lot is limited to one family residential dwelling, the minimum lot size is two acres and the average density is four acres.
Zoning ordinance means Appendix A of this Code of Ordinances pertaining to zoning.
(Ord. No. 81-10, § 13-2, 4-13-81; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 99-28, § 1, 12-27-99; Ord. No. 01-13, § 1, 8-13-01; Ord. No. 02-20, § 1, 11-25-02; Ord. No. 05-17, § 1, 7-11-05)
Cross references: Definitions generally, § 1-2.
State law references: Plat Act, 765 ILCS 205/1 et seq.
Sec. 74-3. Modification of requirements.
Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict application of the requirements contained in this chapter would result in real difficulties or substantial hardship or injustice, the council, after report by the commission, may vary or modify such requirements so that the subdivider may develop his property in a reasonable manner, but so that, at the same time, the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of this chapter preserved.
(Ord. No. 81-10, § 13-14, 4-13-81; Ord. No. 94-26, § 1, 10-10-94)
Sec. 74-4. Changes, amendments.
Any regulations or provisions of this chapter may be changed and amended from time to time by the city council; provided, however, that such changes or amendments shall not become effective until after study and report by the commission and until after a public hearing has been held, public notice of which shall have been given in a newspaper of general circulation at least 15 days prior to such hearing.
(Ord. No. 81-10, § 13-15, 4-13-81; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 99-28, § 2, 12-27-99; Ord. No. 02-20, § 2, 11-25-02)
Sec. 74-5. Violations; penalty.
It shall be illegal to sell or offer to sell or lease for any time exceeding five years any lot, tract or property which does not conform to the requirements and regulations of this chapter, and every such sale or attempt to sell or lease shall be deemed a petty offense and such person shall be fined $50.00 for each offense. Each day the violation continues shall be considered a separate offense.
(Ord. No. 81-10, § 13-16, 4-13-81; Ord. No. 86-12, § 1, 5-28-86; Ord. No. 94-26, § 1, 10-10-94)
Secs. 74-6– 74-25. Reserved.
ARTICLE II. DIVISION 1. Sec. 74-26. When required.
It shall be unlawful for the owner, agent or person having control of any land within the corporate limits of the city or within one and one-half mile of its corporate limits and not included within or closer to the corporate limits of any other incorporated community, to subdivide or lay out such land into lots, blocks, streets, avenues, alleys, public ways and grounds, unless by a plat in accordance with the laws of the state and the provisions of this chapter. Each subdivider of land shall confer with local officials before preparing the preliminary plat, in order to become thoroughly familiar with all the regulations and the official plan proposals affecting the territory in which the subdivision lies.
(a) Minor subdivisions. A minor subdivision may be platted using the following procedures:
(1) The subdivision complies with the definition of a minor subdivision.
(2) The subdivider submits the topographical and profile studies required for a preliminary plat.
(3) The subdivider submits a final plat and all required documentation in accordance with the requirements set forth in division 3 of article II of this chapter.
(b) Residential estates subdivisions. A residential estates subdivision may be developed pursuant to the provisions and under the standards of this chapter in circumstances where the subdivider:
(1) Proposes to develop a subdivision in a portion of the city or in the one and one-half mile extra territorial jurisdiction area which is primarily rural and devoted to agricultural purposes.
(2) Intends to preserve and maintain a rural flavor and lifestyle by the use of larger lots than those typically found in single-family residential subdivisions in more developed portions of the city,
(3) Proposes a development in a portion of the city or in the one and one-half mile extra territorial jurisdiction area not presently served by sanitary sewers and which is not likely to be served by sanitary sewers in the foreseeable future, and
(4) Will strictly limit development to single-family residential use.
Residential estates subdivisions shall comply fully with all of the general subdivision regulations of this ordinance.
(Ord. No. 81-10, § 13-10, 4-13-81; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 05-17, § 2, 7-11-05)
Sec. 74-27. Subdivision restrictions.
(a) Any subdivision plat approved by the commission and city council shall contain the following language:
In the event any restriction imposed by the subdivider on the subdivision at the time of the platting is changed by the consent of the required number of owners owning the lots of said subdivision, then such change shall be ineffective until approved by the commission and city council.
(b) In the event any subdivision plat restrictions fail to contain the language required by subsection (a) of this section, then by operation of law in accordance with this section, restrictions imposed upon such subdivision shall include such language, and no subdivision restrictions may be changed or altered in any way without the consent of the commission and city council.
(Ord. No. 81-10, § 13-13, 4-13-81; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 99-28, § 3, 12-27-99; Ord. No. 02-20, § 2, 11-25-02)
Sec. 74-28. Streets in subdivisions platted prior to April 26, 1981.
Jurisdiction of streets and public ways in subdivisions platted prior to the effective date of this land subdivision ordinance (April 26, 1981) which do not conform to the requirements of this chapter shall only be accepted by the city on a case-by-case basis upon approval by a majority vote of the city council.
(Ord. No. 94-26, § 1, 10-10-94)
Secs. 74-29– 74-40. Reserved.
DIVISION 2. Sec. 74-41. Required.
Any person proposing to subdivide land shall submit to the commission, for its consideration, a preliminary plat prepared in accordance with the specifications of this division. The design and layout of the subdivision shall conform to the requirements of article III of this chapter.
(Ord. No. 81-10, § 13-11, 4-13-81; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 02-20, § 2, 11-25-02; Ord. No. 05-17, § 3, 7-11-05)
Sec. 74-42. Where filed; fee.
(a) Three copies of the preliminary plat, drawn to a scale of not more than 100 feet to an inch, shall be submitted to the commission.
(b) The plat shall be accompanied by a nonrefundable filing fee of $150.00. If an amended preliminary plat is submitted after approval or the preliminary plat is resubmitted after approval of the prior preliminary plat has lapsed, then the amended or resubmitted preliminary plat must also be accompanied by a new non-refundable filing fee.
(Ord. No. 81-10, § 13-40(a), 4-13-81; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 98-29, § 1, 11-9-98; Ord. No. 99-28, § 4, 12-27-99; Ord. No. 02-20, § 2, 11-25-02; Ord. No. 05-17, § 4, 7-11-05)
Sec. 74-43. Contents.
The preliminary plat of the proposed subdivision shall show:
(1) The location of the present property lines and section lines and streets, buildings, watercourses and other existing features within the area to be subdivided and similar information regarding land immediately adjacent thereto.
(2) The proposed location and width of streets, alleys, lots, building lines and easements.
(3) Existing and proposed sanitary and storm sewers, water mains, culverts and other underground structures within the subdivision and within the tract immediately abutting thereto; the location and size of the nearest water main and sewer outlet.
(4) The title under which the proposed subdivision is to be recorded and the name of the engineer, the registered land surveyor, and the subdivider platting the tract.
(5) Topographical and profile studies showing contours referred to the city datum with intervals of five feet or less, and a signed statement of a registered professional engineer, and the owner or the owner's duly authorized attorney, to the effect that to the best of their knowledge and belief the drainage of surface waters will not be changed by the construction of such subdivision or any part thereof; or, that if such surface water drainage will be changed, reasonable provision has been made for the collection and diversion thereof.
(6) The north point, scale and date.
(7) A profile of the streets and alleys showing at a minimum the requirements of section 74-115, plans or written statements describing the proposed grades and facilities for all required improvements, and the subdivider's proposal to the city for accomplishing their installation in accordance with article IV of this chapter.
(8) If the subdivision is to be classified as a Residential Estates subdivision then a statement to that effect must be on the plat.
(9) If it is planned to develop the subdivision in phases, then the proposed phases and their sequence of construction should be shown on the preliminary plat. Approval of a phased development is contingent upon the construction process not adversely affecting existing phases.
(Ord. No. 81-10, § 13-40(b), 4-13-81; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 99-28, § 5, 12-27-99; Ord. No. 01-13, § 2, 8-13-01; Ord. No. 05-17, § 5, 7-11-05)
Sec. 74-44. Approval or disapproval.
(a) The commission shall approve or disapprove the preliminary plat within 90 days from the date of the application or the filing by the applicant of the last item of required supporting data, whichever date is later, unless such time is extended by mutual consent.
(b) If the commission finds that the preliminary plat satisfies the requirements of this chapter, it shall approve such plat and recommend approval by the council. The council shall accept or reject such plat within 30 days after its next regular stated meeting following the action of the commission. Preliminary approval shall not qualify a plat for recording. If the commission finds otherwise, it shall specify to the applicant in writing the objections found to such plat. The preliminary plat shall then be corrected and brought before the commission for reconsideration.
(c) If the preliminary plat is disapproved by the council, the plat, along with the council's objections, shall be returned to the commission for further action. If the preliminary plat is approved by the council, one copy of the plat shall be delivered to the applicant for compliance with final plat approval requirements.
(d) For all preliminary plats approved by the council after July 11, 2005 such approval shall be effective for a maximum period of 36 months, unless, upon application of the subdivider, the council grants an extension. If the final plat has not been recorded within this time period, such approval is null and void and the preliminary plat must again be submitted for approval, and the appropriate filing fee paid.
(Ord. No. 81-10, § 13-40(c), 4-13-81; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 05-17, § 6, 7-11-05)
Secs. 74-45– 74-55. Reserved.
DIVISION 3. Sec. 74-56. Requisites for approval.
Following approval of the preliminary plat by the commission and the council, the subdivider shall install the required improvements or furnish a bond for such installation, all in accordance with the requirements of article IV of this chapter. Upon approval of the improvements, or arrangements therefor, the final plat shall be submitted in accordance with the provisions and requirements of this division. No plat or replat shall be filed for record or recorded in the office of the recorder of deeds of Clark County, Illinois, unless and until the approval of the council is endorsed thereon by the city clerk, and no lot shall be sold from such plat or replat, unless and until approved by the council and filed for record in the office of the recorder of deeds of Clark County, Illinois, as provided in this division.
(Ord. No. 81-10, § 13-12, 4-13-81; Ord. No. 94-26, § 1, 10-10-94)
Sec. 74-57. Plat specifications; filing of approved plat.
(a) General specifications.
(1) Plat sheet; scale. The final plat shall be drawn in black ink on reproducible media, mylar or other materials of equal permanence and durability at a scale of not more than 100 feet to the inch from an accurate survey on one or more sheets whose maximum dimensions shall not exceed 17 inches by 22 inches. If more than two sheets are required, an index sheet of the same dimensions shall be filed showing the entire subdivision on one sheet and the component areas shown on other sheets. A 3 inch by 3 inch blank space shall be provided in the upper right hand corner of all subdivision plats that are to be recorded.
(2) Submission of plat, copies; certification. The original and five prints of the final plat shall be submitted to the commission. When the final plat conforms to the approved preliminary plat, and the requirements of article IV of this chapter and this section have been accomplished, certification to this effect shall be endorsed on the final plat by the chairman of the commission, and the plat thereupon submitted to the council for its approval or disapproval. Where the final plat does not conform to the approved preliminary plat, the final plat shall be corrected and resubmitted to the commission.
(3) Approval. If the final plat and all supporting documents meet all the requirements of this chapter, the council shall approve the final plat within 60 days from the date of filing the last required document or within 60 days from the date of filing the application for final approval of the plat, whichever date is later. The applicant and the council may mutually agree to extend this 60-day period.
(b) Information required. The final plat and accompanying documents shall show:
(1) The boundary lines of the area being subdivided with accurate distances and angles. The correct legal description of the property being subdivided shall be shown on the plat, or on an accompanying certificate.
(2) The lines of all proposed streets and alleys with their widths, the names of all streets and a profile of the streets and alleys showing at a minimum the requirements of section 74-115.
(3) The accurate outline of any portions of the property intended to be dedicated or granted for public use.
(4) The lines of all adjoining property and the lines of adjoining streets and alleys with their widths and the names of all streets.
(5) All lot lines together with an identification of all lots and blocks.
(6) The location of all easements provided for public use, services or utilities.
(7) All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision, lots, streets, alleys, easements and other areas for public or private use. Linear dimensions are to be given to the nearest 1/100 of a foot.
(8) The radii, arcs or chords, points of tangency and central angles for all curvilinear streets and radii for rounded corners.
(9) The location of all survey monuments and their descriptions.
(10) The name of the subdivision and the scale of the plat, points of the compass and the name of the owner or owners or subdividers.
(11) The location of boundary and lot monuments shall comply with the current minimum accuracy standards as set forth by ALTA/ACSM Land Title Surveys.
When the surveyor has met all of the minimum accuracy standard requirements above, the following certification shall be made on the plat of survey:
This plat and the survey on which it is based, meets the current minimum accuracy standards as set forth by ALTA/ACSM Land Title Surveys. The undersigned further states that [the surveyor to complete the certificate with one of the following phrases]:
• The positional uncertainties resulting from the survey measurements made on the survey do not exceed the allowable positional tolerance.
• The survey measurements were made in accordance with the "Minimum Angle, Distance and Closure Requirements for Survey Measurements Which Control Land Boundaries for ALTA/ACSM Land Title Surveys."
• Proper field procedures, instrumentation and adequate survey personnel were employed in order to achieve results comparable to those outlined in the "Minimum Angle, Distance and Closure Requirements for Survey Measurements Which Control Land Boundaries for ALTA/ACSM Land Title Surveys."
Date:____
(signed)____ (seal)
Registration No. ____
(12) Private restrictions and trusteeships and their periods of existence. Should these restrictions or trusteeships be of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.
(13) A notarized statement indicating to the best of the owner's knowledge, the school district in which each tract, parcel, lot or block lies (765 ILCS 205/1.005).
(14) Acknowledgment of the owner or owners to the plat, and restrictions including dedication to public use of all streets, alleys, parks or other open spaces shown thereon and the granting of easements required, along with the current mailing address of the owner or owners.
(15) A receipt or certificate showing that there are no unpaid taxes or assessments upon any part of the area within the subdivision.
(16) Certificate of approval by the council for endorsement by the mayor and city clerk.
(17) A certificate of approval from the (Section 2 of the Illinois Plat Act, 765 ILCS 205/2):
a. Illinois Department of Transportation where roadway access is to a state highway;
b. Clark County Superintendent of Highways where roadway access is to a county road;
c. Township Road Commissioner where roadway access is to a township road; and
d. Local health department with respect to sewage disposal systems if any part of the platted land will not be served by a public sewer system.
(18) A certificate of approval from the Illinois Department of Natural Resources on the endangered species consultation agency action report (Section 11 of the Illinois Endangered Species Protection Act, 520 ILCS 10/11 and the regulations promulgated thereunder, and Section 17 of the Illinois Natural Areas Preservation Act, 525 ILCS 30/17 and the regulations promulgated thereunder).
(19) A certificate of approval from the Natural Resources Conservation Service (formerly the Soil and Water Conservation District), where the applicant proposes to subdivide vacant or agricultural lands (Section 22.02a of the Illinois Soil and Water Conservation Districts Act, 70 ILCS 405/22.02a).
(20) A certificate signed by an Illinois registered engineer, approved by the city, certifying that the subdivision and plats complies with the ordinances of the city.
(21) If the subdivision is to be classified as a Residential Estates subdivision then a statement to that effect must be on the plat.
(22) Shall use and tie into the city's established horizontal and vertical control datum. At least two permanent benchmarks shall be established within a subdivision or in each phase of a subdivision and located so that no lot is more than 1,000 feet from a benchmark. Permanent benchmarks shall be placed in locations as directed by the city. All benchmarks shall be identified on the final plat (paper and digital copies) with location, elevations and reference to the source of original elevation with all pertinent data. The city will maintain files for benchmark data.
(23) A proposed addressing scheme shall be shown on the plat for all platted lots. The addresses will be assigned by the city in conjunction with the Clark County 911 Coordinator. Street names shall be sufficiently different in sound and spelling from other street names in this city and 911 emergency service number area as to avoid confusion.
(24) If any portion of the subdivision is in a floodplain as defined in "An Ordinance Regulating Development in Floodplain Areas", Ordinance No. 2007-O-23, passed and approved June 25, 2007, then the plat and accompanied documents must include the data required in section 8 of said ordinance [section 18-208].
(c) Annexation requirements.
(1) If the subdivision is located outside the corporate limits, but contiguous, annexation of the subdivision is required prior to the approval of the final plat.
(2) If the subdivision is located outside but within one and one-half mile of the corporate limits, but not contiguous, a completed annexation agreement pursuant to section 86-16 is required for the entire subdivision prior to the approval of the final plat.
(3) Disclosure of the pending annexation shall be made to each prospective purchaser within the subdivision, in substantially the following form:
THE LOTS IN THIS SUBDIVISION ARE SUBJECT TO ANNEXATION. AN ANNEXATION AGREEMENT HAS BEEN RECORDED FOR THIS PROPERTY STATING THAT IF AND WHEN THE PROPERTY BECOMES CONTIGUOUS TO THE CORPORATE LIMITS THE PROPERTY OWNER SHALL ANNEX THE PROPERTY AT THE PROPERTY OWNERS EXPENSE.
This disclosure shall be printed on all purchase contracts and the prospective purchaser shall be made aware of this provision.
(d) Additional information required. The final plat shall be accompanied by the following information or documentation unless the final plat is presented for approval prior to completion of all improvements pursuant to section 74-112(2) in which case the furnishing and acceptance of the following information and documentation shall be a condition of final acceptance of the improvements and release of the security:
(1) A set of "as-built" plans.
(2) All subdivision plats, engineering plans and as-built plans submitted to the city shall be in a digital format and submitted to the city in AutoCAD (current version) in either DXF or DWG format on CD-ROM. In lieu of digital format the subdivision plats, engineering plans and as-built plans shall be submitted in black ink on reproducible media, mylar or other materials of equal permanence and durability. The digital information and reproducible copy shall become the property of the city. The as-built plans shall show the actual locations and elevations of all right-of-way, easements, roadways, waterlines, sewer lines, and associated valves, manholes, and stubs, as well as other designated improvements, at a scale of not more than 100 feet to the inch, and shall bear the seal and signature of the project engineer.
(3) A certification bearing the seal and signature of the project engineer that all improvements were installed and constructed in full compliance with the preliminary plat, final plat, engineering plans, as-built plans and all related documents.
(e) Approved plat filed with recorder of deeds. After the approval of the final plat by the council, such plat shall be recorded in the county recorder's office within 30 days, and if not so filed, such plat shall have no validity and shall not be recorded without reapproval.
(Ord. No. 81-10, § 13-41, 4-13-81; Ord. No. 88-31, § 1, 9-26-88; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 98-29, § 2, 11-9-98; Ord. No. 99-28, § 6, 12-27-99; Ord. No. 01-13, § 3, 8-13-01; Ord. No. 05-17, § 7, 7-11-05; Ord. No. 07-4, § 5, 3-12-07; Ord. No. 07-40, § 1, 9-10-07)
Secs. 74-58– 74-80. Reserved.
ARTICLE III. Sec. 74-81. Generally.
The arrangement of streets and lots in subdivisions shall give due regard to the topography and other physical features of the property and shall meet the requirements and standards set out in this article.
(Ord. No. 81-10, § 13-30, 4-13-81; Ord. No. 94-26, § 1, 10-10-94)
Sec. 74-82. Relation to adjoining street system.
The arrangement of streets in new subdivisions shall make provision for the continuation of the existing streets in adjoining areas (or their proper projection where adjoining land is not subdivided) insofar as they may be deemed necessary for public requirements. The street and alley arrangements shall not be such as to cause hardship to owners of adjoining property in platting their own land and providing convenient access to it. Offset streets shall be avoided. The angle of intersection between minor streets and major streets shall not vary by more than ten degrees from a right angle. Streets obviously in alignment with existing streets shall bear the names of the existing streets. Proposed street names that are in conflict with existing street names shall not be approved.
(Ord. No. 81-10, § 13-30(a), 4-13-81; Ord. No. 94-26, § 1, 10-10-94)
Sec. 74-83. Street and alley width.
(a) The minimum dedicated right-of-way width and minimum roadway surface width for all streets shall be as shown on the Street Design Specifications Table.
(b) When a street adjoins an unsubdivided property, a half street, as set forth in the Street Design Specifications Table, in right-of-way width shall be dedicated, and whenever the property being subdivided adjoins a half street, the remainder of the street shall be dedicated. Where a subdivision borders an existing narrow road or when the comprehensive plan indicates plans for realignment or widening a road that would require use of some of the land in the subdivision, the subdivider shall be required to dedicate those area for widening or alignment of those roads. The costs of improving the realignment or widening of the road may be shared between the city and the developer upon determination by the council that the costs of the realignment or widening exceed the cost of providing necessary access to the subdivision. Land reserved for any road purposes may not be counted in satisfying yard or area requirements of the zoning ordinance.
(c) Alleys may be provided in a residential block and, where provided, shall have a dedicated right-of-way width of at least the footage as shown on the Street Design Specifications Table. Alleys are required at the rear of all business lots, unless other adequate provisions are made for service and deliveries, and shall have at least the footage of dedicated right-of-way width as shown on the Street Design Specifications Table.
(Ord. No. 81-10, § 13-30(b), 4-13-81; Ord. No. 86-12, § 2, 5-28-86; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 01-13, § 4, 8-13-01; Ord. No. 05-17, § 8, 7-11-05; Ord. No. 07-4, § 6, 3-12-07)
Sec. 74-84. Easements.
Easements of at least 15 feet in width shall be dedicated on each side of all rear lot lines and along side lot lines in subdivisions where necessary for poles, wires, conduits, storm and sanitary sewers, gas, water or other utilities. Easements of greater width may be required along or across lots where necessary for the extension of main sewers or other utilities or where both water and sewer lines are located in the same easements.
(Ord. No. 81-10, § 13-30(c), 4-13-81; Ord. No. 94-26, § 1, 10-10-94)
Sec. 74-85. Blocks.
(a) No block in a subdivision shall be longer than 1,320 feet. Where blocks are over 750 feet in length, a crosswalk with a right-of-way of at least ten feet in width may be required near the center of the block. The crosswalk shall be perpendicular to the street and connect to adjacent existing or proposed streets.
(b) Courts, dead-end streets or other street space in subdivisions may be provided if proper access is given to all lots from a dedicated street or court. All dead-end streets shall terminate in a circular dedicated street space having a minimum radius of 35 feet, or other satisfactory arrangement for turning of vehicles. Dead-end streets shall not exceed 1,320 feet in length from the culdesac to the nearest intersection.
(Ord. No. 81-10, § 13-30(d), 4-13-81; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 01-13, § 5, 8-13-01)
Sec. 74-86. Lots.
All lots in subdivisions shall conform to the following regulations:
(1) The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building sites, properly related to topography and to the character of surrounding development.
(2) All side lines of lots shall be at right angles to straight street lines and radial to curved street lines, except where a variation of this rule will provide a better street and lot layout. Lots with double-frontage shall be avoided.
(3) No lot shall have a width or a depth of less than 100 feet. No lot shall have a depth in excess of three times its width, except for lots in residential estates subdivisions.
(4) Corner lots shall have a width sufficient to permit the establishment of front building lines on both the adjoining streets.
(5) In addition to the dedicated right-of-way requirements of section 74-83, lots at all intersections shall provide a daylighted right-of-way corner of 20 feet. This is defined as a triangular shaped area whose apex is the point of intersection of the extension of the dedicated rights-of-way and whose legs on each side of that point of intersection are 20 feet.
(6) All lots shall conform to or exceed the requirements of this chapter and the zoning district requirements for the district in which they are located, or if the area is not zoned, then the zoning district requirements for the district which it would be zoned given the contemplated use of the area.
(Ord. No. 81-10, § 13-30(e), 4-13-81; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 01-13, § 6, 8-13-01)
Sec. 74-87. Maintenance of improvements outside corporate limits.
Where a subdivision outside the corporate limits contains sewers, sewage treatment plants, water supply systems, park areas or other physical facilities necessary or desirable for the welfare of the area and of common use or benefit, which the city, township or county does not desire to or cannot maintain, provision shall be made by trust agreements made a part of the deed restrictions acceptable to the city for the proper and continuous maintenance and supervision of such facilities by the lot owners in the subdivision.
(Ord. No. 81-10, § 13-30(f), 4-13-81; Ord. No. 94-26, § 1, 10-10-94)
Sec. 74-88. Easements along streams.
Whenever any stream or important surface drainage course is located in an area being subdivided, the subdivider shall provide an adequate easement along each side of the stream for the purpose of widening, deepening, sloping, improving or protecting the stream and such easement shall be dedicated to the city or other appropriate public agency.
(Ord. No. 81-10, § 13-30(g), 4-13-81; Ord. No. 94-26, § 1, 10-10-94)
Sec. 74-89. Lines to be underground.
All telephone, electric and gas utility lines, cable TV lines and any other lines or distribution systems must be underground and serve each subdivision lot from the dedicated right-of-way or easement areas.
(Ord. No. 81-10, § 13-30(h), 4-13-81; Ord. No. 94-26, § 1, 10-10-94)
Sec. 74-90. Development in floodplain areas.
If any portion of the subdivision is in a floodplain as defined in "An Ordinance Regulating Development in Floodplain Areas", Ordinance No. 2007-O-23, passed and approved June 25, 2007 [section 18-202], then the design standards of the subdivision shall meet the design standards of said ordinance, including, but not limited to, sections 6, 7, 9 and 10 of said ordinance [sections 18-206, 18-207, 18-209, 18-210].
(Ord. No. 07-40, § 2, 9-10-07)
Secs. 74-91– 74-110. Reserved.
ARTICLE IV. Sec. 74-111. Authority to proceed with final plat.
(a) Receipt by the subdivider of the copy of the preliminary plat together with the approval of the commission and city council shall constitute authority for the subdivider to proceed with final plans and specifications for the installation of the required improvements and preparation of the final plat. Prior to the construction of any of the required improvements, the subdivider shall submit such final plans and specifications, and a cost estimate of all improvements to the city official having jurisdiction over their construction. If such city official shall find such plans and specifications to be in accordance with applicable policies and standards of the city, he shall authorize construction and determine the amount of bond, if required. Following the approval of the plans and specifications, construction may be started or the bond may be filed.
(b) All construction of required improvements must be inspected and approved, at the subdivider's expense, by an Illinois registered engineer selected by the city.
(Ord. No. 81-10, § 13-50, 4-13-81; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 05-17, § 9, 7-11-05)
Sec. 74-112. Requirements for approval of final plat.
No final plat of any subdivision shall be approved unless:
(1) The improvements listed in this article have been installed prior to such approval; or
(2) The subdivider shall have filed with the council a security, to insure the construction of the improvements listed in this article in a satisfactory manner. No security shall be accepted, unless it is enforceable by or payable to the city in a sum at least equal to 120 percent of the cost of constructing the improvements as estimated by the city official having jurisdiction and if a surety bond is used in form with surety and conditions approved by the corporation counsel. If a letter of credit is used, the developer shall furnish the city a properly prepared and signed irrevocable letter of credit agreement in the form of Exhibit B to this chapter and a properly prepared and signed irrevocable letter of credit in the form of Exhibit C to this chapter.
Such security shall remain in force and effect until construction of the improvements is completed and title to all pipes, mains, conduits and other personal property installed in dedicated streets, alleys and other dedicated areas is transferred to the city or supplying utility if the supplying utility is not the city, along with the receipt and acceptance of the additional information as provided in section 74-57(d).
(Ord. No. 81-10, § 13-51, 4-13-81; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 05-17, § 10, 7-11-05)
Sec. 74-113. Installation of part of improvements.
The owner of a tract may prepare and secure approval of a preliminary plat for the entire tract and may install the required improvements only in a portion of such tract, but the improvements must be installed or provision made for their installation in any portion of the area for which a final plat is approved for recording; provided, however, that any water mains, storm sewers, trunk sewers and any sewage treatment plants shall be designed and built to serve all the area owned by the subdivider or designed and built in such a manner that they can easily be expanded or extended to serve the area.
(Ord. No. 81-10, § 13-52, 4-13-81; Ord. No. 94-26, § 1, 10-10-94)
Sec. 74-114. Survey monuments.
All subdivision boundary corners and the corners of all street intersections shall be marked with permanent survey monuments. All points of tangency and points of curvature of all curves shall be marked with permanent monuments. A permanent monument shall be deemed to be concrete with rod center at least 30 inches long with a minimum dimension of four inches extending below the frostline. Should conditions prohibit the placing of monuments on the line, offset marking will be permitted; provided, however, the exact offset courses and distances are shown on the subdivision plat. Iron pipes or steel rods shall be set at all lot corners. If survey monuments are removed during construction, they shall be replaced before the final plat is approved.
(Ord. No. 81-10, § 13-53, 4-13-81; Ord. No. 94-26, § 1, 10-10-94)
Sec. 74-115. Street and alley improvements.
All improvements shall meet the minimum specifications set forth in the following Street Design Specifications Table:
STREET DESIGN SPECIFICATIONS TABLE
IN GENERAL
PLATS
GENERALLY
PRELIMINARY PLAT
FINAL PLAT
DESIGN STANDARDS
MINIMUM IMPROVEMENTS
| Street classification | Right-of-way width (feet) | Right-of-way half street (feet) | Roadway pavement width including curb and gutter | Roadway pavement width "NO" curb and gutter | Roadway crowned transverse slope | Roadway grade min./max. | IDOT structural number | Pavement type (see below) | Curb and gutter required (see below) | Shoulder overall width (feet) | Shoulder pavement width (feet) | Shoulder pavement type | Shoulder transverse slope | Ditch depth (inch) | Ditch front/back slope ratio |
| Non-Residential subdivisions | |||||||||||||||
| Major | 80 | 40 | 40 | n/a | 3/16" per foot | 0.4%/8.0% | 3.00 min. | Case by case | yes | n/a | n/a | n/a | n/a | n/a | n/a |
| Arterial | 60 | 30 | 28 | n/a | 3/16" per foot | 0.4%/8.0% | 3.00 min. | Case by case | yes | n/a | n/a | n/a | n/a | n/a | n/a |
| Alley | 20 | n/a | 16 | n/a | 3/16" per foot | 0.4%/8.0% | 3.00 min. | Case by case | yes | n/a | n/a | n/a | n/a | n/a | n/a |
| Residential Subdivisions Lot sizes less than 20,000 square feet | |||||||||||||||
| Minor/collector | 60 | 30 | 28 | n/a | 3/16" per foot | 0.4%/8.0% | 2.65 | a, b, c, d | yes | n/a | n/a | n/a | n/a | n/a | n/a |
| Minor/local | 60 | 30 | 28 | n/a | 3/16" per foot | 0.4%/8.0% | 2.65 | a, b, c, d | yes | n/a | n/a | n/a | n/a | n/a | n/a |
| Alley | 38 | n/a | n/a | 12 | 3/16" per foot | 0.4%/8.0% | 0.78 | s | no | n/a | n/a | n/a | n/a | 18 | 4:1 |
| Lot sizes more than 20,000 square feet | |||||||||||||||
| Minor/collector | 66 | 33 | n/a | 24 | 3/16" per foot | 0.4%/8.0% | 2.65 | a, b, c, d | no | 8 | 4 | s | 1/2" per foot | 18 | 4:1 |
| Minor/local | 66 | 33 | n/a | 22 | 3/16" per foot | 0.4%/8.0% | 2.65 | a, b, c, d | no | 9 | 4 | s | 1/2 per foot | 18 | 4:1 |
| Alley | 38 | n/a | n/a | 12 | 3/16" per foot | 0.4%/8.0% | 0.78 | s | no | n/a | n/a | n/a | n/a | 18 | 4:1 |
| Residential estates subdivision | |||||||||||||||
| Minor | 60 | 30 | n/a | 22 | 3/16" per foot | .04%/8.0% | 2.04 | re | no | 5 | 5 | s | 1/2" per foot | 24 | 3:1 |
Pavement types:
| a | 1.5" surface course; Mix C, Class 1, Type 2 2.5" Binder Course, Mix B, Class 1, Type 2 8" Sub-Base Crushed Stone, Type A Woven or nonwoven pavement fabric | d | 6" P.C. concrete pavement 4" Sub-Base Crushed Stone, Type A Woven or nonwoven pavement fabric | Curb and gutter |
| b | 1.5" Surface Course; Mix C, Class 1, Type 2 1.5" Binder Course; Mix B, Class 1, Type 2 8" Emulsified Asphalt Base | re | 4" Bituminous Surface Road Mix, Class B 8" Sub-Base Crushed Stone, Type B Woven or nonwoven pavement fabric | |
| c | 6" P.C. Concrete pavement 12" Lime Modified Soil Base (40# lime/SY) | s | 6" Crushed Stone, Type B Woven or nonwoven pavement fabric |
Notes:
(a) Streets, alleys and public ways:
(1) All streets, alleys and public ways in subdivisions shall be graded to their full width, including side slopes, and to the appropriate grade, with surfaces in accordance with the minimum requirements in a manner which will provide complete and adequate drainage which may be necessary along the side of any existing public street which lies adjacent to the subdivision.
(2) All streets, alleys and public ways within the subdivision and all work to be undertaken thereon shall be designed and constructed according to the version of the Illinois Department of Transportation Road and Bridge Standard Specifications in effect at the time the preliminary plat and plans for such improvement work are submitted for approval.
(3) The minimum structural requirement number shall be defined by the Illinois Department of Transportation's "Pavement Design Procedure" published in its then current design manual.
(4) Where a woven or nonwoven roadway fabric may be used, it must be specifically designed for placement under an aggregate base for roadway construction, and the fabric must allow moisture to pass freely in each direction.
(b) All nonresidential streets, alleys and public ways shall be constructed to meet the minimum street design specifications, with the pavement type to be approved on a case by case basis as required by the council with the advise and consent of its engineers based on the type and usage of the street, alley and public way.
(c) All driving surfaces shall be crowned with the transverse slope shown on the Street Design Specifications Table except in super elevated design cases.
(d) Private entrance culverts shall have a minimum diameter of 12 inches with materials complying with Section 542 of the then current edition of the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction. Culverts shall be designed to carry a ten-year flood event without submergence of any portion of the roadway surface.
(e) All required ditches shall be designed to carry a ten-year flood event without submergence of any portion of the roadway surface.
(f) Alleys shall:
(1) Be provided in commercial, business and industrial districts, except that the commission may waive this requirement where other definite and assured provisions are made for service access, such as off-street loading, unloading and parking consistent with and adequate for the uses proposed.
(2) Not be permitted in residential subdivisions, except where deemed necessary and on the recommendation of the commission.
(3) The minimum structural requirement number shall be defined by the Illinois Department of Transportation's "Pavement Design Procedure" published in its then current design manual.
(4) Avoid having intersections and sharp changes in alignment, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.
(5) Avoid dead-ends where possible, but if unavoidable, alleys shall be provided with adequate turnaround facilities, at the dead-end, as determined by the commission.
(g) Concrete curbs are required for all roads or streets, where sidewalks are required.
(h) No private streets, alleys or ways shall be accepted which do not conform to the requirements of this chapter.
(1) Private streets: It shall be unlawful to create any private street unless a subdivision variance has been granted. To obtain such a variance, the subdivider must satisfactorily demonstrate that there is virtually no current or potential public interest in the proposed private street. In every case, a variance to permit a private street shall be subject to the following conditions:
a. Private streets shall be constructed in accordance with this chapter;
b. No additional subdivision shall be developed using such private street as a means of access to a public street;
c. A private street within a residential subdivision shall not connect to more than one public street;
d. The final plat shall show the location and width of such private street; and
e. The final plat shall include a certificate stating essentially as follows:
I, owner of tract and the private road or street shown hereon, declare that said private road or street is not dedicated to the public but shall remain private, to be maintained by and for the adjoining lot owners until such time that said street(s) is accepted by the City of Marshall, Illinois.
Dated: ________ Signed: ________
f. An additional 15-foot utility easement shall be required along the front line of each lot.
g. The private street shall be maintained by the property owner's association and, if none, by the property owners.
(2) Designation of private streets and disclosure.
a. For any subdivision having private streets and approved after July 11, 2005, the subdivider must construct a sign at all entrances to the subdivision, within 50 feet of the entrance, which shall state:
PRIVATE STREETS: MAINTAINED BY PROPERTY OWNERS
These signs shall be installed where they are easily visible to anyone entering the subdivision and maintained in good order by the subdivider until the last lot is sold in the subdivision and by the property owners association, and if there is no association then by the property owners, thereafter. The minimum size for each sign shall be 12 inches high by 18 inches wide, with three-inch letters. The contrast between the background and the lettering shall be sufficient to make the sign easily readable.
b. Disclosure shall be made to each prospective purchaser of a lot within the subdivision, in substantially the following form:
THE STREETS IN THIS SUBDIVISION ARE PRIVATE AND ARE NOT MAINTAINED BY THE CITY OF MARSHALL. THE OWNERS ARE RESPONSIBLE FOR ALL REPAIRS AND MAINTENANCE OF SAID STREETS.
This disclosure shall be printed on all purchase contracts and the prospective purchaser shall be made aware of this provision.
(Ord. No. 81-10, § 13-54, 4-13-81; Ord. No. 86-12, § 3, 5-28-86; Ord. No. 88-31, § 3, 9-26-88; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 96-15, § 1, 9-9-96; Ord. No. 01-13, § 7, 8-13-01; Ord. No. 05-17, § 11, 7-11-05; Ord. No. 07-4, § 7, 3-12-07)
Sec. 74-116. Water lines.
(a) Where a subdivision is located within the city limits, each lot therein shall be provided with a connection to the city water system, such water service to terminate on private property one foot past the right-of-way line. Fire hydrants shall also be installed in all subdivisions within the corporate limits, and the location of same shall be approved by the director of public works or superintendent of public works. The water supply system shall be constructed under the direction and control of, and all construction shall be subject to, the approval of the director of public works or superintendent of public works.
(b) In subdivisions outside the city limits, pending availability of a public water supply, the subdivider shall construct wells or a private water supply system in such a manner that an adequate supply of potable water will be available to every lot in the subdivision at the time improvements are erected thereon. The installation shall conform to standards and requirements and be subject to the approval of the appropriate governmental agencies.
(Ord. No. 81-10, § 13-55, 4-13-81; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 05-17, § 12, 7-11-05)
Sec. 74-117. Sanitary sewers.
(a) Where the subdivision is located within the city limits, each lot therein shall be provided with a connection to a sanitary sewer, such sewer connection to terminate on private property one foot past the right-of-way line. All connections to the city sewer system and the subdivision sewer system shall comply with the provisions of this Code pertaining to sewers and all construction of the system shall be subject to the direction and approval of the city official having jurisdiction.
(b) The superintendent of public works will perform:
(1) Regular periodic inspections of construction of sewer lines and manholes.
(2) Witness the checking of completed lines for grade and alignment.
(3) Witness the checking of completed lines for infiltration.
(c) All septic systems in subdivisions will be installed and maintained in accordance with the specifications of the appropriate governmental agencies.
(d) In subdivisions beyond the city limits in which the lots are less than 20,000 square feet and where plans for the installation of sanitary sewers in the vicinity of the subdivision have been prepared by the city, the subdivider may be required to install sewers in conformity with such plans. In such cases, until a connection can be made with the public sewer system, the use of a primary sewage treatment plant will be permitted, provided such disposal facilities are constructed in accordance with the specifications of the city pertaining to sanitary sewage disposal.
(e) In subdivisions beyond the city limits where the lots are 20,000 square feet or more in gross area and have a minimum width of 100 feet, the subdivider may install individual disposal devices for each lot at the time improvements are erected thereon. All such individual sewage disposal systems shall be constructed in accordance with regulations and requirements of the appropriate governmental agencies.
(Ord. No. 81-10, § 13-56, 4-13-81; Ord. No. 86-12, § 4, 5-28-86; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 05-17, § 13, 7-11-05)
Sec. 74-118. Drainage.
The subdivision plat shall be so laid out as to provide proper drainage of the area being subdivided. Drainage improvements shall maintain any natural watercourse and shall prevent the collection of water in any low areas. The means for disposing of the stormwater shall be subject to the approval and supervision of the appropriate city official.
(a) Every residential subdivision shall be provided with facilities which can satisfactorily accommodate the runoff incident from the ten-year design storm. The drainage facilities in any commercial or industrial subdivision shall be designed to handle the runoff from the 25-year design storm.
(b) General design considerations:
(1) Underground/surface system. The drainage system may provide for the design storm indicated above by either an underground or surface drainage system or a combination of both. If an underground system is utilized, it shall be at least accommodate the ten-year design storm and adequate surface drainage facilities (such as swales and ditches) shall be provided to handle the additional flow.
(2) Consistency with plans and regulations. Drainage facilities shall be designed in conformity with any adopted local, regional, or levee/sanitary district plans and/or regulations.
(3) Accommodation of upstream drainage areas. Drainage facilities large enough to accommodate potential runoff from the entire drainage area upstream from the proposed subdivision shall be provided in accordance with the city engineer's specifications. Potential runoff shall be determined on the basis of the maximum development of the upstream area that is permitted under the current zoning district regulations.
(4) Retention discharge. The volume and rate of stormwater runoff leaving the subdivision shall not substantially exceed what would have occurred under natural, undeveloped conditions if it appears that existing or potential downstream developments would be damaged by a greater or faster flow. Thus, if necessary in the opinion of the commission and the city's engineer, the subdivider shall install stormwater retention facilities in the subdivision.
(Ord. No. 81-10, § 13-57, 4-13-81; Ord. No. 86-12, § 5, 5-28-86; Ord. No. 94-26, § 1, 10-10-94; Ord. No. 05-17, § 14, 7-11-05)
Sec. 74-119. Permits.
It shall be the responsibility of the developer to prepare complete plans and specifications and submit them with the proper documents to the state environmental protection agency in order to obtain the required state permits to construct the water and sewer systems in the proposed subdivision prior to connecting to the city's systems.
| Owner | Owner |
Approved by the City of Marshall this ________ day of ________, 20________.
By:
____________________ Mayor City of Marshall
(Ord. No. 07-4, § 8, 3-12-07)
EXHIBIT C (LETTERHEAD OF FINANCIAL INSTITUTION) IRREVOCABLE LETTER OF CREDIT
________, 20________
City of Marshall
201 South Michigan Avenue
P.O. Box 298
Marshall, IL 62441-0298
Gentlemen:
We hereby establish our irrevocable letter of credit in favor of ________ (Developer), and the City of Marshall in the amount of ________ dollars ($________). We understand that this irrevocable credit is to be used to construct the following improvements in the residential development known as ________ to be constructed within the City of Marshall, Illinois or within one and a one-half miles of the City limits of the City of Marshall, Illinois:
(Insert Construction Items Not Listed, Strike Constructions Items Not To Be Performed)
streets; streetlights and signals; sidewalks; the portion of sanitary sewers, storm sewers and water mains to become municipally owned; storm and flood water runoff channels and basins and structures, erosion sediment control and land movement requirements, required landscaping; and common recreational facilities.
The development is legally described as follows:
(Insert legal description)
If we have not been notified by the City of Marshall of a default by the owner and/or developer, we shall disburse the funds for labor and materials furnished by contractors in accordance with the sworn statement on order of the owner, the submission of proper lien waivers from the contractors engaged in such work and the certificate by the city engineer, ________, that such work has been properly completed; provided, however, that we shall withhold from each payment made under such sworn statement(s) or order(s) an amount equal to ten percent (10%) thereof until all improvements have been completed, except final surfacing of the streets and sidewalks, at which time the ten percent (10%) sum withheld shall be disbursed less a sum equal to one hundred twenty five percent (125%) of the cost of final surfacing of the streets, which sum shall be finally disbursed when that work has been completed and the requirements of certification and lien waivers as has been hereinabove set out.
The required improvements shall be completed in accordance with the following schedule:
(Insert schedule)
If we receive written notification from the then current mayor of the City of Marshall indicating that the owner and/or developer has failed to satisfactorily complete or carry on the work of the installation and construction of the required improvements, and such written notification indicates that the owner and/or developer has been notified that the municipality finds that a breach of the owner's and/or developer's obligations has occurred and have not been cured within a period of thirty (30) days, that in such case we shall make payments for materials and labor to such contractor(s) or subcontractor(s) retained by the City of Marshall who have completed the improvements in substantial accordance with the plans and specifications of the owner and/or developer; such payments shall be made upon the certification of the city engineer that the work has been completed and the submission of proper waiver of liens from the contractor(s) or subcontractor(s). The amount of the payouts shall be in accordance with the retention provisions as previously set out.
The irrevocable credit established by us shall be in force for a period of ________ (________years) (said period to be not less than the schedule of completion), and shall remain in effect without regard to any default in payments of sums owed us by the owner and/or developer and without regard to other claims which we may have against the owner and/or developer. Ninety (90) days prior to the expiration of this irrevocable credit we shall notify the corporate authorities of the City of Marshall, by registered letter return receipt requested, of the impending expiration date. This commitment shall not terminate without such notice. If the work covered by this commitment has not been completed within the time set forth in this Agreement, the municipality may at its option continue drawing funds as otherwise provided for an additional period of one (1) year. It is recognized that the municipality is according the owner and/or developer the permission to proceed with the development project expressly upon the guarantee of the irrevocable nature of this commitment. It is further acknowledged that the consideration for this irrevocable commitment is provided by agreement between this financial institution and the developer. The sum of this credit shall, however, be reduced in the amount of disbursements made from time to time in accordance with the terms under which this credit is extended as set out above.
Name of financial institution
By:
____________________ Signature Title
MAYOR'S CERTIFICATE
Approved by the Mayor of the City of Marshall, Clark County, Illinois this ________ day of ________, 20________.
City of Marshall
By:
____________________ Mayor