1172.02 TOPOGRAPHY AND NATURAL FEATURES.
   Land developments shall be planned to preserve the topography of the land in order to utilize the natural contours and reduce the amount of grading and to minimize destruction of trees, wetlands and natural drainage ways. The natural features and other distinctive characteristics of the site shall be integrated into the plan to create functional elements in the neighborhoods. Detailed topographic maps and aerial photography shall be utilized in the land planning and subdivision process.
   (a)   Streets and Topography. Land which is relatively flat or of gentle undulations shall be planned so that the streets follow the natural drainage courses and, insofar as possible, all building sites shall be above the street grade. On more irregular topography, streets should follow the ridges or be planned approximately parallel to contour lines and designed to avoid extensive cuts and fills.
   (b)   Natural Drainage. All developments, particularly of land of gentle slopes, shall be designed to take advantage of natural contours so that all the land can be drained with the minimum of reshaping. Unless watercourses or drainage ways are enclosed, the plan shall be adjusted so that rear lot lines or areas held as public or private common land shall be approximately parallel to the natural watercourse, and only where such a plan is not practical, may side lot lines be arranged parallel to an open drainage course. Easements for drainage ways and low-lying areas which are subject to flooding may be included as part of a lot but shall not be utilized as a building site. If a watercourse traverses the subdivision at any point, the following language shall be inserted on the preliminary plan and final plat and signed by the property owner(s):
"WATERCOURSE ACCEPTANCE. It is understood and agreed that a watercourse traverses this subdivision and these properties may be subject to erosion and drainage problems as a result, and all property owners, their successors and assigns, by the acceptance hereof, hereby acknowledge the same, and assume the risk thereof, and agree to indemnify and hold the Village of Glenwillow harmless from any and all claims for erosion and drainage problems from said watercourse."
In addition, all deeds purporting to convey a parcel that is located partly or wholly in a floodplain area shall contain a statement in bold-face type setting forth that fact.
   (c)   Natural Features. Natural wooded areas, rock outcroppings, streams and other focal points within the site and distant views outside the subdivision shall be coordinated with the subdivision design to obtain natural variety and interest in each neighborhood and the most attractive building sites and views possible. Trees, topsoil and other natural resources shall be preserved and utilized in the development of the subdivision. Certain required dimensions may be adjusted to preserve such features when approved in accordance with the provisions of the Subdivision Regulations and the Zoning Code.
   (d)   Jurisdictional Wetlands. Wetland areas are characterized by hydrophytic vegetation, hydric soils, and wetland hydrology. Where such areas within the Municipality have been designated as jurisdictional wetlands by the U.S. Department of Interior, Fish and Wildlife Service, all excavation, filling, borrowing, dumping, grading, dewatering or any other such activity within such wetland areas shall be prohibited unless a permit is obtained under Section 404 of the Clean Water Act from the U.S. Army Corps of Engineers. It shall be the subdivider's responsibility to verify if jurisdictional wetland areas have been so designated within the limits of a proposed subdivision and to comply with the regulations of the Clean Water Act.
   (e)   Existing Vegetation (Trees). The subdivider of an unimproved parcel shall submit with his preliminary subdivision plan a tree removal/preservation plan in accordance with Chapter 1165. The Commission may require adjustments to the preliminary plan to prevent the unnecessary destruction of existing trees. No trees other than those permitted to be removed according to an approved tree removal/preservation plan may be removed, unless such trees are exempt as set forth in Section 1165.07.
(Ord. 2016-07-24. Passed 8-3-16.)