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Fire hydrants of the type approved by the Public Works Department's Regulations and Materials Specifications shall be installed according to standard engineering practices and shall be placed at intervals of not more than 400 feet for residential, and not more than the maximum specified for commercial and industrial use, in accordance with applicable National Fire Protection Association guidelines, most current edition.
(Ord. 3265, passed 8-14-00)
(A) The Plan Commission shall not recommend the approval of any plat unless the City Engineer determines that the proposed provisions for storm water drainage are adequate within boundaries of the subdivision, and are in compliance with Chapter 157 of this code. Complete documentation of the area to be drained, including contributory areas outside of the subdivision, shall be provided by the subdivider's engineer. This documentation shall include at a minimum current topographic data of the land in question, and calculations showing the anticipated storm water run-off for given rain events.
(B) Drainage improvements in the subdivision shall be coordinated with existing and planned drainage improvements elsewhere so as to form an integrated city system. The storm water drainage system shall be separate and independent of the sanitary sewer system and shall meet the following design criteria:
(1) All arterial streets and major collector streets:
(a) Flow from a "ten-year storm" shall not inundate the center 20 feet of the pavement.
(b) Flow from a "50-year storm" shall be carried without damage to any building.
(2) Minor collector streets and local streets:
(a) Flow from a "ten-year storm" shall not inundate the center 18 feet of the pavement.
(b) Flow from a "50-year storm" shall be carried without damage to any building.
(C) Catch basins or inlets, if required, shall be constructed so that the majority of surface water shall be intercepted before reaching the intersection, and not carried for a distance of more than 400 feet of the pavement.
(D) Accommodation of upstream drainage areas. A culvert or other drainage facility large enough to accommodate potential runoff from the entire drainage area upstream from the proposed subdivision shall be provided in accordance with the city's standard specifications. Potential runoff shall be determined on the basis of the maximum development of the upstream area that is permitted or to be permitted under the Comprehensive Plan.
(E) Drainage easements. Adequate easements for storm water drainage shall be established along any natural drainage channel and in any other locations where necessary to provide satisfactory disposal of storm water from streets, alleys, and all other portions of the subdivision. The precise location and minimum widths of said easements shall be as approved by the City Engineer.
(Ord. 3265, passed 8-14-00)
In the development of any subdivision, the provisions of Chapter 157 shall be followed.
(Ord. 3265, passed 8-14-00)
ADMINISTRATION AND ENFORCEMENT
No building permit shall be issued providing for the improvement of any lot in said subdivision until:
(A) There has been filed with the Health, Building and Zoning Officer a certified copy of said plat of subdivision as recorded or registered in the office of the Recorder of Deeds or Registrar of Titles, as the case may be.
(B) The plans and specifications for the public improvements have been approved by and filed with the Mayor and the City Council.
(C) The letter of credit or escrow agreement as provided by ordinance is posted with the city.
(D) The portion of the improvements proposed in the approved plans providing for road pavement, sanitary sewer service and water service are installed and usable.
('71 Code, § 12-7-4) (Ord. 1447, passed 10-28-63; Am. Ord. 3265, passed 8-14-00)
When the City Council shall, upon motion and majority vote, approve the final plat, the Mayor and City Clerk shall be authorized to sign the original tracing. The certificates on the final plat shall be in the following form with the signatures of the President of the Henry County Board and the County Clerk to be necessary only where the plat covers land in the unincorporated area.
CERTIFICATES
(A) Under the authority provided by ILCS Ch. 65, Act 5, enacted by the State Legislature and the ordinances adopted by the Council, this plat was given approval by the city, as follows:
Approved by the Plan Commission at a meeting held .
Chairman
(Seal)
Secretary
Approved by the City Council at a meeting held .
(Seal)
Mayor
City Clerk
Approved by the City Engineer on .
City Engineer
Approved by the County Board of Henry County at a meeting held .
President, County Board
(Seal)
County Clerk
(B) Each final plat submitted to the city for approval shall carry a certificate signed by an Illinois Registered Land Surveyor in substantially the following form:
"I, (Name), hereby certify that I am an Illinois Registered Land Surveyor in compliance with the laws of the State of Illinois and that this plat correctly represents a survey completed by me on (Date), that all monuments shown thereon actually exist, and that their location, size, type and material are accurately shown."
SEAL
Signature
Illinois Land Surveyor No.
(C) Each final plat submitted to the city for approval shall carry a deed of dedication in substantially the following form:
"We, the undersigned, (Name), owners of the real estate shown and described herein, do hereby lay off, plat, and subdivide said real estate in accordance with the within plat.
This subdivision shall be known and designated as (Name), an addition to the City of Kewanee or Henry County, (whichever the case may be). All streets and alleys and public open spaces, and necessary public improvements as provided for by Kewanee's Subdivision Regulations, shown and not heretofore dedicated, are hereby dedicated to the public.
Front and side yard building setback lines are hereby established as shown on this plat, between which lines and the property lines of the streets there shall be erected or maintained no building or structure.
There are strips of ground, (Number) feet in width, as shown on this plat and marked "easement," reserved for the use of public utilities for the installation of water and sewer mains, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved. No permanent or other structures are to be erected or maintained upon said strips of land, but owners of lots in this subdivision shall take their titles subject to the rights of the public utilities, and to the rights of the owners of other lots in this subdivision.
(Additional dedications and protective covenants, or private restrictions, would be inserted here upon the subdivider's initiative or the recommendation of the Plan Commission or City Council; important provisions are those specifying the use to be made of the property and, in the case of residential use, the minimum habitable floor area.)
The foregoing covenants, (or restrictions) are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 20 . Twenty five (25) year period is suggested; at which time said covenants (or restrictions) shall be automatically extended for successive periods of ten (10) years unless by vote of a majority of the then owners of the building sites covered by these covenants, or restrictions, it is agreed to change such covenants, or restrictions, in whole or in part.
Invalidation of any one of the foregoing covenants, or restrictions, by judgment or court order, shall in no way affect any of the other covenants or restrictions, which shall remain in full force and effect.
The right to enforce these provisions by injunction together with the right to cause the removal, by due process of law, of any structure or part thereof erected or maintained in violation hereof, is hereby dedicated to the public, and reserved to the several owners of the several lots in this subdivision and to their heirs and assigns.
WITNESS our Hands and Seals this day of , 20 .
State of Illinois
County of Henry
Before me, the undersigned Notary Public, in and for the County and State, personally appeared, (Name), (Name), (Name), and each separately acknowledged the execution of the foregoing instrument as his or her voluntary act or deed, for the purposes therein expressed.
Witness my hand and Notarial Seal this day of , 20 .
Notary Public
Such other certificates, affidavits, endorsements or dedications as may be required by the Plan Commission or the Council in these enforcement regulations.
(D) Each final plat submitted to the city for approval shall carry a certificate to be signed by the County Clerk in substantially the following form:
STATE OF ILLINOIS )
COUNTY OF HENRY )
I, County Clerk of the County of Henry do hereby certify that I have this day examined the tax records of the property shown on the attached plat of and find no delinquent general taxes, unpaid current general taxes, delinquent special assessments or unpaid current special assessments against the tract of land described in said plat.
Given under my hand and seal this day of , 20 .
County Clerk, Henry County, Il. (Seal)
(E) Each final plat submitted to the city for approval shall carry a recording certificate to be signed by the County Clerk in substantially the following form:
STATE OF ILLINOIS )
COUNTY OF HENRY )
This instrument was filed for record in the Recorder's office this day of ,
20 at M. and recorded in Plat Book Page , as Document No. .
County Recorder
Deputy
(F) Irrevocable offers of dedication certificate and form.
(1) The following certificate shall be placed upon a final plat of a subdivision whenever said plat is approved upon submission of a subdivider's letter of credit or escrow agreement as provided for in § 154.051:
The owner hereby irrevocably offers for dedication to the City of Kewanee, in fee simple absolute unless otherwise called for on the plat, all the streets, local government uses, easements, parks, and required utilities shown within the subdivision plat and construction plans in accordance with an irrevocable offer of dedication dated and recorded in the Office of the Recorder of Deeds of Henry County, Illinois.
By
Date
(2) The following form shall accompany any final plat set forth in (1) above and shall be presented for recording simultaneously with any such plat, but shall be recorded immediately prior to the recording of the plat.
OFFER OF IRREVOCABLE DEDICATION
Agreement made this day of , 20 , by and between , having office and place of business at , hereinafter referred to as "Developer", and the City of Kewanee, a municipal corporation having its principal office at 401 E. Third Street, Kewanee, Illinois, hereinafter designated as "City";
WHEREAS, the City is in the process of approving a subdivision plat entitled , dated , 20 and made by ; and
WHEREAS, said plat and the construction plans associated therewith designated certain property interests and public improvements consisting of:
to be dedicated to the City free and clear of all encumbrances and liens, pursuant to the provisions of Chapter 154 of the Kewanee Code of Ordinances; and
WHEREAS, the Developer, prior to final plat approval, shall post a letter of credit or escrow agreement with the City for the construction and payment therefor, maintenance, and dedication of said interests and improvements; and
WHEREAS, the Developer is desirous of offering for dedication the said improvements and interests in land to the City as shown on the improvement plans and final plat for said subdivision.
NOW, THEREFORE, in consideration of the City's approval of said subdivision plat, it is mutually agreed as follows:
(a) The Developer hereby promises the City permanent dedication in fee simple absolute unless otherwise called for on the plat for the premises and improvements described on the improvement plans and final plat for said subdivision, said delivery being a formal offer of dedication to the City to be held by the City in trust until the acceptance or rejection of such offer of dedication by the City Council.
(b) The Developer agrees that said formal offer of dedication is irrevocable and can be accepted by the local government at any time.
(c) The Developer agrees to complete the construction and maintenance of the land and improvements pursuant to the letter of credit or escrow agreement and the provisions of the Kewanee Code of Ordinances and any conditions of approval of said subdivision.
(d) That this irrevocable offer of dedication shall run with the land and shall be binding on all assigns, grantees, successors or heirs of the Developer.
CITY OF KEWANEE
(Seal)
Mayor
Attest:
City Clerk
Approved as to Form:
City Attorney
DEVELOPER
Attest:
(Seal)
(G) Required disclosures to be on face of plat. The following disclosures are to be placed on the face of the final plat:
(1) Either of the following, depending upon which is the most appropriate, shall be placed upon the face of the final plat by a registered professional engineer and the owner:
To the best of our knowledge and belief the drainage of surface waters both within and around this subdivision will not be changed by the construction of same or any part thereof.
(Seal)
Registered Professional Engineer
Registration No.
Owner
To the best of our knowledge and belief the drainage of surface waters either within or around this subdivision will be changed by the construction of same or parts thereof but adequate provision has been made to collect and divert said surface waters to public drains or private drains to which the owner has legal access and said provisions are such that the capacity of no natural or man-made drain will be exceeded and no damage to adjoining properties will incur because of said provisions.
(Seal)
Registered Professional Engineer
Registration No.
Owner
(2) In addition to one of the above, the owner or subdivider shall disclose on the face of said subdivision final plat the following if a letter of credit or escrow agreement is provided:
I hereby disclose and give notice to all that this subdivision has been approved by the City upon the condition that I enter into an escrow agreement or letter of credit to secure installation of all improvements required by said City. The terms of same allow me a period of two (2) years to install said improvements or provide the City the right to install same to the extent of funds provided by such security. City ordinances do not permit, however, occupancy of any premises until adequate provision for access for water and sanitary sewerage are made.
Owner
('71 Code, § 12-7-3) (Ord. 1447, passed 10-28-63; Am. Ord. 2347, passed 1-10-83; Am. Ord. 3265, passed 8-14-00)
All public improvements proposed to be made under the provisions of this chapter shall be inspected during the course of construction by the City Engineer or a duly designated deputy. All fees and costs connected with such inspection and in reviewing the plans and specifications for such improvements shall be paid by the subdivider.
('71 Code, § 12-7-2) (Ord. 1447, passed 10-28-63; Am. Ord. 3265, passed 8-14-00)
When the subdivider can show that a provision of this chapter, if strictly adhered to, would cause the unnecessary hardship and when, in the opinion of the Plan Commission, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of such provision, the Plan Commission may recommend a variance or modification to the Council. The subdivider shall apply in writing for such variance. Any variance thus authorized, shall be attached to and made a part of the final plat.
('71 Code, § 12-7-1) (Ord. 1447, passed 10-28-63; Am. Ord. 3265, passed 8-14-00)
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