(A) No plat of any new subdivision shall be approved by the Commission unless the same provides for and assures the construction by the developer of a sanitary sewer system adequate to serve the needs of the entire subdivision when the same is fully developed. The sanitary sewer system shall be connected to a state-approved sewage disposal system. In no case shall effluent be allowed to flow into ditches or swales, highways or otherwise. The requirement for a sanitary sewer system is subject to exceptions below.
(B) If the subdivision is farther than 200 feet from the nearest sanitary sewer, each developed lot shall be of adequate size to accommodate individual sanitary sewage disposal. Such disposal shall be in accordance with the rules and regulations established by the Illinois Department of Health, the Illinois Environmental Protection Agency, and the Coles County Health Department, and based upon soil limitations. However, if there is disagreement between standards, the more restrictive standard shall apply.
(C) Private restrictions shall be filed with the final plat and incorporated in each deed requiring that as soon as public sewers are available, connections to the public sewer shall be made within one year at the property owner's expense, and owners shall bear their fair and proportionate share of the cost of the public sewer as determined by agreement, special assessment proceedings, or other means authorized to finance construction of sewer systems.
(D) The plans for the installation of a sanitary sewer system and a statement of responsibility for maintaining the same shall be provided by the developer and approved by the State of Illinois, and the Commission. Such approval shall also be required when the sewer system connects directly to an interceptor constructed and maintained by such sanitary district or community. Upon the completion of the sanitary sewer installation, the plans for such system “as-built” shall be filed with the Coles County Health Department and city, and shall be accompanied by an Illinois Registered Professional Engineer’s certificate which states that the system has been constructed in accordance with the plans and specifications as set forth herein. In no case shall sanitary sewers be allowed to connect to any other system providing for agricultural or similar land drainage or storm sewer disposal.
(E) If the subdivider installs a sanitary sewer system which is connected with the city sewer system in a subdivision located outside of the city, the subdivider shall require as a condition of the sale of each lot or parcel in the subdivision, that the owners of such lot or parcel shall not object or remonstrate in any manner any future action of the city with respect to the annexation of such lot or parcel to the city.
(F) Additionally “restrictive covenants” shall be drafted subject to the approval of the city pursuant to Appendix B, Exhibit 2. If connected or proposed to be connected to the city sewer system, then a restrictive covenant substantially similar to the following shall be included: When and if this subdivision becomes contiguous to the city limits of the city of Mattoon, all record owners of lots in this (name of subdivision) subdivision shall sign a petition to annex all of the subdivision to the City of Mattoon, Coles County, Illinois, within ten days after being requested by the city to sign said petition. This covenant shall run with the land forever and is not limited to a term of years.
(G) The restrictive covenants shall also provide as follows: In the event that the City of Mattoon, Coles County, Illinois, shall be required to construct, extend, or make substantial improvements to a sanitary sewer system for this subdivision, the total cost shall be divided by the total number of lots in this subdivision and allocated to the record owner or owners of each lot. If the total sum due is not paid when due by a record owner or owners of a lot in this subdivision, then the City of Mattoon, Coles County, Illinois, may exercise any remedy for the collection of said obligation available under the law of the State of Illinois. Further, the record owner and owners of each lot hereby stipulate and agree that the City of Mattoon Sewer Department may add to the regular monthly sewer bill a sum, as determined by the City Council, until such time as the unpaid obligation under this covenant has been fully paid, and hereby stipulates and agrees to an additional sum per month, as determined by the City Council, as a finance charge for the privilege of not paying the obligation when due. The due date of the sum shall be determined by ordinance, but not earlier than 30 days following substantial completion of the work.
(Ord. 88-4582, passed 10-18-1988)