§ 151.190  DEDICATIONS, EASEMENTS, AND RESERVATIONS.
   (A)   Dedications.
      (1)   Street rights-of-way.  All public street rights-of-way shall be labeled on the final plat as follows: “Hereby Dedicated for Public Road Purposes”. Public street rights-of-way shall be dedicated in accordance with the following:
         (a)   Internal streets.  With the exception of private streets (see subsection (B)(1) below), all land contained within proposed streets shall be dedicated to the public. Street right-of-way widths shall comply with the standards of § 151.194.
         (b)   Perimeter streets.  When a subdivision abuts an existing public street, the developer shall dedicate additional right-of-way sufficient to provide one-half the required right-of-way width for the subject street type. The following half-width rights-of-way are minimums unless otherwise established through the subdivision approval process. The highway authority having jurisdiction may require additional right-of-way to be dedicated, or may waive the dedication of right-of-way if traffic engineering studies, transportation plans, or in the opinion of the authority, sufficient right-of-way exists and additional right-of-way is unnecessary.
 
Perimeter Street Type
Minimum Half-Width ROW
Arterial
60 feet
Collector
50 feet
Freeway
100 feet
Local (closed drainage)
30 feet
Local (open drainage)
33 feet
 
      (2)   School land.  Land for schools shall be calculated and provided in accordance with § 151.220. Land to be dedicated for school purposes shall be labeled on the final plat as follows, “Hereby Dedicated to the (School District) for Public School Purposes”.
      (3)   Park and recreation land.  Land for park and recreation areas shall be provided in accordance with the park contribution requirements of § 151.221. The lands may be dedicated to any public agency willing to accept the dedication, as provided in § 151.221(H). Land to be dedicated to the public for park and recreational purposes shall be labeled on the final plat as follows: “Hereby Dedicated to the (Public Agency) for Recreational Purposes”. Park and recreational areas created to satisfy the requirements of § 151.070(D), and intended to be owned and maintained by a homeowners’ association, shall be labeled as “Common Open Space for Park and Recreational Purposes”.
      (4)   Public water supply and public sewage disposal.  At the discretion of the authorized public agency, all water supply and sewage disposal facilities, including well houses, storage tanks and lift stations, shall be dedicated to the public and shall be labeled on the final plat as follows, “Hereby Dedicated to the (Public Agency) for Utility Purposes”.
   (B)   Easements.
      (1)   Access easements (private streets).  Private streets shall not be permitted, except that the Planning, Building and Zoning Committee may approve the use of existing private streets or the creation of private streets on parcels that satisfy § 151.187 provided the streets serve no more than three lots. If approved by the Planning, Building and Zoning Committee, private streets shall comply with the standards and specifications contained in § 151.194(M). Since private streets will not be publicly maintained, means shall be established through covenants, conditions, and restrictions, or an agreement that involves all lots accessing the street, to provide for perpetual maintenance by the property owners. Private streets shall be labeled on the final plat as follows: “This Subdivision Contains Private Streets Which Will Not Be Maintained by the County or Any Other Public Agency. Property Owners Within the Subdivision Are Responsible for All Maintenance.”
      (2)   Utility easements.  Easements shall be provided for any overhead or underground utility service, including but not limited to sanitary sewer, water, gas, telephone, and electric. Utility easements shall have a minimum total width of 15 feet unless otherwise adjusted by the utility provider. Where multiple utilities share the same easement, additional width sufficient to avoid conflict shall be provided. Easements shall be established to provide continuity of alignment throughout the area to be served and to adjoining unsubdivided areas. Utility easements shall be coterminous with all private street easements. Utility easements shall not be located within any portion of a publicly dedicated street right-of-way.
      (3)   Drainage easements.  All components of the Lake County Stormwater Management System, including detention basins, compensatory storage areas and buffers, shall be included in an easement ordesignated as open space. Drainage easements shall not be located within any portion of a publicly dedicated street right-of-way.
         (a)   Storm sewers.  Drainage easements shall be a minimum of 15 feet in total width. Additional easement width may be required depending on pipe size and depth of cover.
         (b)   Overland flow paths.  Drainage easements shall be a minimum of 20 feet in total width. For 100-year overflow paths, calculations shall be submitted and the drainage easements shall be sized accordingly, but shall not be less than 15 feet.
      (4)   Alterations to platted easements. Alterations to platted access, utility and drainage easements shall be processed as minor subdivision modifications in accordance with § 151.192.
   (C)   Reservations.
      (1)   Areas to be reserved.  Whenever all or part of the land to be subdivided is shown on any officially adopted state, county, or local plan for a street, school, forest preserve, park, or other public use, upon receipt of written notification by the agency claiming the reservation, the developer shall dedicate or reserve the lands for that proposed use. The reservation shall remain valid for a period of two years from the date the agency is notified of the proposed subdivision, during which time it shall be made available for sale to the public agency concerned. The Director shall notify the developer and all applicable public agencies of the date that the reservation shall expire. If the public agency has not acquired the reserved site before the reservation expires, the developer may use it for any purpose allowed by the regulations in effect at that time.
      (2)   Exemptions.  The Planning, Building and Zoning Committee shall be authorized to exempt a proposed development from the Reservation requirement of this section, provided the Planning, Building and Zoning Committee has received a written statement from the applicable public agency that acquisition of the subject property is not scheduled, intended, or feasible within the two-year period.
(Ord., § 10.6, passed 10-13-2009; Ord. passed - -)