§ 152.41 REQUIREMENTS GENERALLY.
   (A)   Where sanitary sewer or water facilities are made larger than is immediately required to serve the land described in the final plat, due to the necessity of serving adjacent and/or presently vacant property as it shall be developed in the future by others, the subdivider shall be determined by the City Council.
   (B)   Lot sizes shall be in accordance with the zoning ordinance.
   (C)   Where the development of residences within a subdivision could result, in the opinion of the Mayor and City Council, in a substantial increase in school population within schools serving school children of the city or in an overcrowding of existing park and recreation facilities within the city or within territory included within a comprehensive plan of the city, the Mayor and City Council may require that land be set aside for school facilities within the subdivision as a condition of approval of the final plat.
   (D)   In all subdivisions, due regard shall be given to the preservation of natural features such as large trees, water courses, historical and similar features.
   (E)   Where a residential subdivision adjoins a railroad right-of-way, a waterway, an industrial area, a business area or other land use which would have a depreciating effect on the residential use of the property, a buffer planting strip five feet in width and suitably planted to form a screen and/or fence may be required by the Mayor and City Council.
   (F)   In cases of preliminary plans for parts of tracts, where it appears necessary to the City Council for the satisfactory over-all development of an area, an owner shall be required to prepare a plan of utilities and streets for his entire tract based upon proper topographic surveys before approval of any portions of that plan is rendered.
   (G)   The Mayor and City Council, as a condition to approval of the final plat of a subdivision, may make reasonable requirements as to lot orientation, building orientation and direction of street system so as to provide access to solar energy by residents or occupants of nearby property. As to the subdivision of any multi-unit structure, the design of that multi-unit structure shall be such as not to unreasonably restrict access to sunlight and solar energy by owners or occupants of nearly property.
   (H)   As to any plat of survey of a condominium, the declaration of condominium shall be submitted at the same time as the plat and in the same number of copies as is elsewhere required by this chapter. The plat and declaration shall be in accordance with the provisions of the Illinois Condominium Property Act. The declaration, in order to avoid any complications that might arise by virtue of encroachment of a part of the common elements upon the unit area, and vice versa, caused by settling or shifting of the structure, should contain mutual covenants granting easements for the maintenance of those encroachments as long as the property is owned by the condominium. In this connection, any easements or rights granted in the declaration should be declared as appurtenant, running with the land and for the benefit of and binding upon all present and future owners, purchasers, mortgagees and other persons having an interest in the property.
   (I)   Where a development is traversed by a stream or drainage course, sufficient right- of-way adjacent to and including such topographic feature shall be dedicated for public use to allow for at least 15 feet in width on both sides of the defined stream or drainage course. All data required of the topographic feature shall be provided by the subdivider.
   (J)   Sanitary sewers and water supply mains, as required under this chapter, shall not be tied into or connected to storm, sanitary and water supply systems of the city unless the subdivision shall have been annexed to or is a part of the city.
(Ord. 567, passed 10-15-90) Penalty, see § 152.99