§ 158.10 PUBLIC IMPROVEMENTS.
   (A)   Public utilities shall be installed within easements or dedicated public ways as approved by the Village Engineer. Required public utilities shall include electric, gas, water, sanitary sewer, storm sewer, telephone and cable television. The owner or subdivider shall install or cause said required public improvements, whether off site or on site, to be installed.
   (B)   Landscaping shall be installed by the owner or subdivider in easements, dedicated public ways or common areas as indicated on a landscape plan approved by the Village Board as part of the final plat review process. The landscape plan shall contain specific information on the entire subdivision including the location, extent, type and sizes of existing trees and vegetation, denoting which are to be saved and which are not to be saved, as well as the location, extent, type and sizes of proposed new landscaping and landscape plantings.
   (C)   (1) Storm sewers shall be provided for surface drainage. The storm sewer system shall be separate and independent of any sanitary sewer system. The storm sewer system shall be designed using the national method of computation with a 10-year storm as the basis of design. Copies of the computation shall be furnished to the Village for its review and approval. The system need not be coextensive with the pavement for the purpose of providing outlet facilities to each of the lots in the subdivision, however the overstreet travel of storm water shall be limited to 300 feet and the storm sewer system shall have catch basins at intervals not exceeding 300 feet therewith. Manholes shall be constructed at intervals of 300 feet or less and at all points of change in direction or grade. All storm sewer construction shall be in accordance with the current State Department of Transportation Standard Specifications for Road and Bridge Construction.
      (2)   Wherever subsoil conditions require it, highway drain tile shall be installed along the back of curb at a grade of not less than 3 feet 6 inches below the top of curb adjoining same. This drain tile shall be perforated pipe and shall be of the type specified by the State of Illinois Department of Transportation Standard Specifications. The trench shall be backfilled with pea gravel to a point 6 inches over the top of the pipe and the balance with dirt except where the drain crosses under any pavement, then the trench shall be filled with trench backfill as defined by the Department of Transportation Standard Specifications.
      (3)   All storm sewer trenches that are under street pavement, driveway pavement or alley pavement shall be backfilled with sand or pea gravel to the underside of the pavement plane. The use of trench backfill, other than sand or pea gravel, in areas adjacent to the various pavements shall follow the rules established by the Department of Transportation Standard Specifications.
   (D)   Storm water detention basins shall be provided for residential developments consisting of 5 acres or more and for commercial or industrial developments consisting of 3 acres or more in accordance with the following minimum engineering Standards of Design, Construction, Maintenance and Flood Control:
      (1)   In order to effect the intent and purposes of this Ordinance, the Village Board does hereby establish the written rules and regulations as to minimum engineering standards governing the design, construction and maintenance of storm water detention systems including requirements as to type of materials, methods of installation, maximum permissible rates of discharge and other engineering parameters.
      (2)   No building permits shall be issued in unsewered areas or separate sewered areas when construction of the facilities would result in runoff in excess of that from its natural or undeveloped state unless the runoff rate from the area be restricted to be no greater than that from its natural or undeveloped state and that detention space for the excess storm water be provided in accordance with the engineering requirements of this Ordinance. Provisions shall also be made for the proper maintenance of any such detention facility.
      (3)   It is the intent of Division (D)(2) above to have the developers use discretion in providing detention storage area and well-maintained, landscaped lakes would provide an aesthetic focal point in any shopping area or residential area as well as a mutually acceptable method of providing storm water detention areas. Other methods to regulate the rate of storm water discharge which would be acceptable include detention on flat roofs, parking lots, lawns, underground storage, etc., all with properly designed restricted outlets to the receiving storm sewer or stream.
      (4)   A combination of storage and controlled release of storm water runoff is required for all commercial developments exceeding 3 acres in area, and for all residential developments exceeding 5 acres in area. The release rate of storm water from all developments requiring detention shall not exceed the storm water runoff rate from the area in its natural undeveloped state. The Village will accept the release rate of not greater than that calculated from a storm of 5-year frequency with a runoff rate coefficient of 0.15 unless the applicant can show by his detail calculations which are acceptable to the Village that the discharge rate of the natural outlet channel serving the area is greater. Drainage systems shall have adequate capacity to bypass through the development the flow from all upstream areas for a storm of 5-year frequency assuming that the land is in fully developed state under present zoning or zoning proposed under a comprehensive plan. The bypass flow rate shall be computed using a runoff coefficient of not less than 0.35. An allowance will be made for upstream detention when such upstream detention and release rate has previously been approved by the Village and that evidence of its construction can be shown.
      (5)   The live detention storage to be provided will be calculated on the basis of the 100-year frequency rainfall as published by the U.S. Weather Bureau for this area. The detention volume required will be that necessary to handle the runoff of a 100-year rainfall for any and all durations, from the fully developed drainage area tributary to the reservoir, less that volume discharged during the same duration at the approved release rate.
      (6)   One method of calculation, which will be acceptable and preferred by the Village, for the determination of the capacity of storm water detention reservoirs is as follows:
         Live Detention Storage = (Volume Runoff, 100-year) - (Release Rate x Duration)
         (Inches) = V100-Qrtd=C i100td-0.15i5td
         Maximum storage volume calculated by this equation for any and all duration (td) will be the required storage. The terms of the above equation are defined as follows:
         Qr = The maximum release rate in inches per hour from the land in its natural, undeveloped state.
         0.15 = The coefficient of runoff for the undeveloped land.
         i5 = The intensity in inches per hours of the rainfall from the U.S. Weather Bureau curve for 5-year frequency for the time of concentration of the undeveloped land.
         i100 = The intensity in inches per hour of rainfall from the U.S. Weather Bureau curve for 100-year frequency for any and all durations.
         td = The duration of the 100-year storm, which must be varied to determine the most critical and therefore maximum required detention.
         c = The coefficient of runoff for the completely developed drainage area tributary to the reservoir.
         Note: i100 varies with td, however i5 is calculated using the longest time of concentration for the undeveloped land and becomes a constant in the above equation.
         The live detention storage, in inches of depth, can be converted to acre-feet by multiplying the inches of depth by the drainage area acres, and by the factor 0.0833.
   (E)   The grades of all streets shall not be greater than 8% and all vertical curves shall be not less than 100 feet in length. The plan and profile of streets, as well as all construction details, shall be approved by the Village Engineer before any grading operations are started.
   (F)   Not less than the center 27 feet of each residential street shall be surfaced with gravel or crushed stone, which material shall comply with the specifications for gravel or crushed stone surface course, Type A, as prepared and published by the Department of Public Works and Buildings, Division of Highways of the State of Illinois. The completed thickness shall be not less than 8 inches compacted in place. The gravel or crushed stone shall be placed in layers not exceeding 3 inches in thickness and shall contain no material exceeding 1 inch in size and shall be either crushed gravel or crushed stone and each layer shall be compacted. The aggregate shall be graded from maximum to minimum size between the limits provided in the specifications. In lieu of the preceding base, a bituminous aggregate base course not less than 5 inches in thickness of marshall stability of 1,300 can be substituted. The B.A.M. base shall conform to all applicable portions of the current State of Illinois Standard Specifications for Road and Bridge Construction.
   (G)   Not less than the center 33 feet of each industrial or commercial street shall be surfaced with gravel or crushed stone, which material shall comply with the specifications for gravel or crushed stone surface course, Type A, as prepared and published by the Department of Public Works and Buildings, Division of Highways of the State of Illinois. The completed thickness shall be not less than 12 inches compacted in place. The gravel or crushed stone shall be placed in layers not exceeding 3 inches in thickness and shall contain no material exceeding 1 inch in size and shall be either crushed gravel or crushed stone and each layer shall be compacted. The aggregate shall be graded from maximum to minimum size between the limits provided in said specifications. In lieu of the preceding base, a bituminous aggregate base course not less than 8 inches in thickness of marshall stability of 1,300 can be substituted. The B.A.M. base shall conform to all applicable portions of the current State of Illinois Standard Specifications for Road and Bridge Construction.
   (H)   All residential streets shall be improved with a bituminous concrete surface course Class I with a minimum thickness of 2 inches. Said bituminous surface course shall comply with the specifications for the construction as prepared and published by the Department of Public Works and Buildings, Division of Highways of the State of Illinois. Combined concrete curb and gutter shall be constructed on each side of all street pavements. Combination curb and gutters consisting of gutter flag not less than 19 inches in overall width and 12 inches in thickness with a straight or rolled type curb superimposed thereon having an average thickness of 7 inches. The minimum height of the curb shall not be less than 31/2 inches above the gutter grade. All curb and gutter shall be laid by slip form curb machine with the subbase shaped by a grading machine that follows the contour of the sting line that is set for the curb machine.
   (I)   All commercial or industrial streets shall be improved with a bituminous concrete surface course Class I with a minimum thickness of 3 inches. Said bituminous surface course shall comply with the specifications for such construction as prepared and published by the Department of Public Works and Buildings, Division of Highways of the State of Illinois. Combined concrete curb and gutter shall be constructed on each side of all street pavements. Combination curb and gutter consisting a gutter flag not less than 19 inches in overall width and 8 inches in thickness with a straight or rolled type curb superimposed thereon having an average thickness of 7 inches. The minimum height of the curb shall not be less than 31/2 inches above the gutter grade.
   (J)   The regulations herein contained shall not prevent the owner or subdivider from constructing a higher type of surfacing.
   (K)   Signs shall be erected at all street intersections giving names of streets. Signs and signposts shall meet the minimum requirements for similar signs and posts as shown and set forth in the "Manual of Uniform Traffic Control Devices for Streets and Highways" as prepared and published by the Department of Public Works and Buildings, Division of Highways of the State of Illinois.
   (L)   Streetlights: The subdivider shall be required at his own expense to install streetlights along public streets and intersections. Such lights shall be operated by electricity as required by the Village Engineer and be installed every 400 lineal feet and at each corner or intersection. The subdivider shall submit his plans for the installation of the lights to the Village Engineer for approval.
   (M)   Sidewalks: The subdivider shall be required at his own expense to construct sidewalks, subject to approval of the Village Engineer. Sidewalks shall be constructed in accordance with the Department of Transportation Standard Specifications.
   (N)   Street Trees: The owner or occupant of any plot or parcel of land in the Village may plant or maintain trees of a suitable species in the parkways of the public streets contiguous to such lot or parcel when his plans for such planting have been submitted to and approved by the village of Lindenhurst. A subdivider is required to plant trees between the sidewalk and curb. Such planting shall conform to standards for spacing and species by the planning commission and village engineer. The subdivider shall submit his plans for such planting to the village engineer for approval.
   (O)   Cost Estimate: In the event the owner or subdivider desires to complete the construction of the streets after the plat is placed of record, he shall be required to submit a cost estimate prepared by a registered professional engineer, setting forth all items of work to be performed and the estimated cost. Said estimate shall be subject to the approval of the village engineer, a certified check, bank cashier's check, bank draft or contract performance bond issued by a surety company, subject to the approval of the village attorney, in an amount equal to the approved estimate to insure the completion of the work, shall be deposited with the village of Lindenhurst.
   (P)   Completion Of Construction Items:
      (1)   All public and private improvements shall be completed within 1 year after the plat is placed of record, except where bituminous paving construction is required. When bituminous construction is required, it shall be completed within 2 years after the plat is placed of record.
      (2)   Before the village signs any final flat of subdivision or issues any building permit the following procedures shall be implemented:
         (a)   The owner or developer of the subdivision will deposit with the village a letter of credit in a format acceptable to the village attorney in the amount of 125% of the village engineer's estimate of the cost of completing the required public and private improvements in the subdivision.
         (b)   On or prior to the deposit of said letter of credit, the owner or developer of the subdivision shall furnish a construction schedule to the village setting forth the starting and completion dates for each of the required improvements and the estimated cost of completing each of the required improvements. Said construction schedule and estimated costs are subject to approval by the village engineer.
         (c)   In the event a subdivision is divided into separately recorded units, the owner or developer shall have the right to follow the procedures outlined in this section on a unit by unit basis so long as the estimated cost of all public and private improvements required by the village engineer is included in the letter of credit.
         (d)   Should the owner or developer not meet the time requirements as set forth in the construction schedule described in division (P)(2)(b) of this section, the village may, but need not, immediately undertake to complete each and every uncompleted improvement within said subdivision in accordance with the approved plans and specifications and may draw upon the letter of credit for the purpose of paying such contractors as are required to be engaged by the village for said purpose. Should the village elect to proceed under the construction contracts already entered into by the owner or developer with other contractors doing the improvement work, the village need not put out the work for public bid.
         (e)   The owner or developer who undertakes to use any of the procedures set forth in this section agrees to indemnify and hold the village harmless from any and all liabilities of whatever nature involved with the implementation of any of the procedures set forth if this section. The owner or developer further agrees to hold the village harmless against any unforeseen additional costs incurred by the village of whatever nature in undertaking its role under this section including, but not limited to, additional construction costs and any attorney fees expended.
      (3)   Any and all other performance sureties heretofore posted with the village will, if still necessary, be replaced with letters of credit upon their expiration.
   (Q)   Maintain Improvements: The owner or developer shall maintain all improvements required in this section as well as any improvements otherwise agreed upon for a period commencing upon the construction of the improvements and terminating 2 years after the latter of 1) completion of all of the improvements, or 2) completion of the structures (as evidenced by the issuance of occupancy permits) on 80% of the lots platted. All failures which occur within this period shall be corrected by the owner or developer and restored to a satisfactory condition subject to the approval of the village engineer.
Upon the satisfactory completion of the improvements and release of the original letter of credit, the owner or developer shall submit a new letter of credit as a maintenance guarantee in an amount determined by the village engineer and approved by the village board. The term of the letter of credit shall be for the period of time commencing on the satisfactory completion of the improvements and release of the letter of credit and terminating 2 years after the latter of the happenings of 1) or 2) as described in this division (Q). The letter of credit shall be in an amount equal to 15% of the amount of the original letter of credit. All reductions, releases and extensions of the letter of credit shall be subject to the approval of the village engineer.
   Any and all other performance sureties heretofore posted with the village will, if still necessary, be replaced with letters of credit upon their expiration.
   (R)   Letter Of Credit Release: No letter of credit shall be released in part or in whole before its expiration date without approval of the village board.
   (S)   Sanitary System: The owner or developer shall comply with all of the requirements of § 158.13 of this chapter.
   (T)   Parks:
      (1)   10% of all newly subdivided areas exclusive of lakes, streets, alleys and like areas, to be designated and deeded to the village as park and recreation area.
      (2)   Acceptance of said 10% of land shall be at the discretion of the existing board. It is to be realized that such property might be unacceptable for buildings, but easily used for parks.
      (3)   Land shall be developed by the subdivider to begin within 1 year from the beginning of residential construction.
      (4)   Development of said recreational property shall be subject to the approval by the existing village board.
(Ord. 57-0-15, passed 8-12-1057; Am. Ord. 61-0-60, passed 1-9-1961; Am. Ord. 66-0-119, passed 6- -1965; Am. Ord. 70-0-167, passed 3-9-1970; Am. Ord. 73-0-246, passed 11-12-1973; Am. Ord. 75-0-281, passed 1-13-1975; Am. Ord. 84-7-548, passed 7-9-1984; Am. Ord. 84-7-554, passed 7-9-1984; Am. Ord. 87-2-631, passed 2-23-1987; Am. Ord. 95-10-951, passed 10-23-1995; Am. Ord. 97-10-1051, passed 10-13-1997)