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§ 159.05 REQUIREMENTS.
   (A)   Preliminary Plat. A preliminary plat shall be provided by the subdivider and consist of the following:
      (1)   Location map (which may be prepared by indicating the following data on available maps) showing:
         (a)   Boundary line of the proposed subdivision indicated by a solid, heavy line and the total approximate acreage involved.
         (b)   Subdivision name and location, legal description, specifying U.S. Survey and Township Lines, County and State.
         (c)   Any and all thoroughfares related to the subdivision.
         (d)   Existing elementary and secondary schools, parks and playgrounds available for serving the area proposed to be subdivided, and other community features.
         (e)   Title, scale, north arrow and date.
      (2)   Preliminary Plat showing:
         (a)   Proposed name of the subdivision and location.
         (b)   Names, addresses of the owner, subdivider, the City Planner, land planning consultant, Engineer, or registered land surveyor who prepared the plat.
         (c)   Streets and rights-of-way on and adjoining the site of the proposed subdivision; showing the names, including roadway widths, approximate gradients, types of widths of pavement, curbs, sidewalks, planting strips and other pertinent data.
         (d)   All lot lines adjacent to and abutting the subdivision.
         (e)   Layout of lots, showing approximate dimensions and numbers.
         (f)   Parcels of land proposed to be dedicated or reserved for schools, parks, playgrounds or other public, semi-public or community purposes.
         (g)   Easements, existing and proposed, showing locations, widths, and purposes.
         (h)   Building setback or front yard lines and dimensions.
         (i)   Location, size of nearest water main, sewer outlet and other pertinent utilities.
         (j)   Location, type and approximate size of utilities to be installed.
         (k)   Tract boundary lines showing dimensions, bearings, angles and references to known land lines.
         (l)   Contours at vertical intervals of two (2) feet, except where the slope exceeds 50%; elevations at top and bottom of slopes should be indicated.
         (m)   Tree masses and all individual trees having a caliper of 12” or greater; Key plan, legend and notes.
         (n)   Location of existing structures.
         (o)   A preliminary outline of the deed restrictions and covenants that would be placed upon the subdivision.
         (p)   Landscaping plans and proposed limits on the location and intensity of signs, advertising and off-street parking shall be included in the case of a proposed subdivision for industrial or commercial use.
         (q)   Scale, North arrow and date.
      (3)   The Preliminary Plat of the Subdivision shall be drawn to a scale of fifty feet to one (1) inch or one hundred (100) feet to one (1) inch, provided, however, that if the resulting drawing would be over thirty-six inches (36”) in the shortest dimensions, such other scale as recommended by the Commission may be used.
   (B)   Final Plat. The Final Plat shall be provided by the subdivider and meet the following specifications:
      (1)   The Final Plat may include all or only a part of any Preliminary Plat which has received approval.
      (2)   The original drawing of the Final Plat shall be drawn on new linen, tracing cloth, or equal, with waterproof black India Ink to a scale of fifty feet to one inch, provided that, if the resulting drawing would be greater than thirty-six inches (36”) in the shortest dimension, a scale of up to one hundred feet (100’) to one inch (1”) may be used. Four black or blue line prints shall be submitted with the original Final Plat; or, in order to conform to modern drafting and reproduction methods, four black; or, blue lines and a reproducible cloth of film positive of the Final Plat shall be submitted. Prints filed with the City shall include four cloth prints made after recording of the Final Plat as approved and bearing the official stamp attesting the fact of the recording.
      (3)   All elevations shall be referenced to the established datum and the said reference shall be clearly stated on any plans or drawings showing such datum.
      (4)   All dimensions shall be shown in feet and decimals of a foot.
      (5)   The title shall be placed in the lower right corner and a suitable border line shall be placed on all tracings with a margin of not less than one-half inch (1/2) on all sides.
      (6)   The following basic information shall be shown; all surveys for a final plat shall be made under the active and personal direction of a registered professional engineer or registered surveyor of Illinois:
         (a)   Accurate boundary lines, with dimensions and bearings or angles which provide a survey of the tract, closing with an error of closure of not more than one foot in five thousand feet.
         (b)   Accurate distances and directions to the nearest established street corner or official monuments. Reference corners shall be accurately described on the Final Plat.
         (c)   Accurate locations of all existing and recorded streets intersecting the boundaries of the tract, shown by heavy, solid lines.
         (d)   Accurate metes and bounds description of the boundary and the included area to the nearest one hundredth of an acre.
         (e)   Right-of-way line of streets, easements and other rights-of-way, and property lines of lots and other tracts, with accurate dimensions, bearings and curve data, including radii, arcs and chords, points of tangency, and central angles.
         (f)   Name and right-of-way width for each street or other right-of-way.
         (g)   Location, dimensions and purposes of any easement, shown by light, dashed lines.
         (h)   Number to identify each lot or site.
         (i)   Purpose for which sites, other than residential lots, are dedicated or reserved.
         (j)   Building setback or front yard lines and dimensions.
         (k)   Floor elevation and sitting of each proposed building.
         (l)   Location, type, material and size of all monuments and lot makers, including elevations related to mean sea level as established by the U.S. Geological Survey.
         (m)   Names of owners and mortgages accepting said plat, with owner or owners personally signing all plans or drawings.
         (n)   Names of record owners of adjoining unplatted land, shown by medium dashed and two dotted lines.
         (o)   Reference to recorded subdivision plats of adjoining platted land by record name, date and number, shown by medium dashed and two dotted lines.
         (p)   Restrictions of all types which will run with the land and become covenants in the deeds for lots. Restriction lines should be shown by medium dashed lines.
         (q)   Title, north arrow, scale and date.
         (r)   Certification by registered surveyor or registered professional engineer with registration numbers and seal affixed to all documents of the Final Plat.
         (s)   Certification by the registered surveyor or registered professional engineer stating that all lots conform to the requirements of the Zoning District in which it is located.
         (t)   Certification by the registered surveyor or registered professional engineer to the absence of, or presence, location and depth of mine openings, subsurface mine workings.
         (u)   Certificate of dedication of all public areas.
         (v)   Certificate for approval by the Plan Commission.
         (w)   Certificate for approval by the City Council.
   (C)   Improvement Plans and Specifications.
      (1)   The final Plat submission to City Council shall be accompanied by the plans and specifications for the improvements required under § 159.07. The plans and profiles of all streets, storm and sanitary sewers, water lines and drainage structures, together with their drainage area, shall be prepared on standard plan and profile sheets and shall bear the seal and signature of the registered professional engineer responsible for their preparation.
      (2)   A cross-section of the proposed streets shall be included, showing the widths of roadways, location and width of sidewalks and the location of underground utilities. The plans shall show the lines of all proposed sidewalks and the location of all proposed street lights. The plans, cross sections and specifications for the proposed improvements shall be submitted to and approved by the City Engineer prior to submission to the City Council with the Final Plat.
      (3)   Four black or blue line prints of the approved documents shall be included with the Final Plat submission. After the completion of the construction of the improvements, a set of prints showing the as-built details and changes, if any, shall be filed with the City Engineer.
   (D)   Performance Guarantees.
      (1)   A Performance Guarantee Bond, or other guarantee as hereinafter described, shall be required from the subdivider in the amount of the estimate approved by the City Engineer for the cost of all required land improvements yet remaining to be installed. The guarantee shall be in one of the following described forms:
         (a)   Deposit with the City a subdivider’s bond in the amount of one and one-half times the estimated cost of the improvements remaining to be completed.
         (b)   Deposit with the City cash in the amount of one and one-half times the estimated costs of the land improvements remaining to be completed.
         (c)   Deposit with the City a lien to be recorded in the County Recorder’s Office on all property being subdivided, with. the provision that partial releases may be obtained when a financial institution executes with the City an agreement to withhold one and one-half times the estimated cost of the land improvements yet remaining to be installed, in escrow, until such time as all land improvements have been completed and accepted by the City. All expenses incurred in determining the amounts apportioned against said land and the cost of releasing each lot or tract shall be paid by the subdivider.
         (d)   Deposit with the City other collateral equivalent to one and one-half times the estimated cost of land improvements yet remaining to be installed, such collateral to be approved by the City Council.
      (2)   All required land improvements shall be installed and completed within a period of two years after the recording of the final plat. Failure of the subdivider to complete all of the improvements during such two year period shall result in forfeiture of the guarantee unless an extension of time is granted by the City Council. In the event of failure to complete improvements in the required time, the City may direct that no further building permits be issued for property in the subdivision until required land improvements are provided.
(Prior Code, Art. 17, § 17.5)
§ 159.06 MINIMUM DESIGN AND DEVELOPMENT STANDARDS.
   The subdivider shall conform to the following principles and standards of land subdivision in the design of each subdivision or portion thereof.
   (A)   General. The subdivision plan shall conform to design standards that will encourage good development patterns and particularly to the principles and standards which are generally exhibited in the Comprehensive Plan. The streets, drainage rights-of-way, school sites, public parks, playgrounds and other public facilities shown on the officially adopted Comprehensive Plan or Official Map, shall be considered in the approval of subdivision plats.
   (B)   Streets.
      (1)   The street and alley layout shall provide access to all lots and parcels of land within the subdivision. Street jobs of less than one hundred and twenty-five feet (125’) shall be avoided. Cul-de-sacs shall not exceed five hundred feet (500’) in length, unless necessitated by site topography.
      (2)   Neighborhood streets shall be designed so as to discourage through traffic.
      (3)   Proposed streets shall be adjusted to the contour of the land so as to produce usual lots and streets of reasonable gradient.
      (4)   Certain proposed streets, where appropriate, shall be extended to the boundary of the tract to be subdivided so as to provide for normal circulation of traffic within the vicinity.
      (5)   Wherever there exists a dedicated or platted portion of a street or alley adjacent to the proposed subdivision, the remainder of the street or alley shall be platted to the prescribed width within the proposed subdivision.
      (6)   Reserve strips controlling access to streets shall be prohibited except where their control is definitely placed in the City Council under conditions approved by the Plan Commission.
      (7)   Widths of major and collector street rights-of-way shall conform to the widths specified in Plat 1. These widths may be increased or decreased or varied upon approval of the Plan Commission and the City Engineer.
      (8)   The minimum right-of-way of local streets, including marginal access streets and cul-de-sacs, shall be fifty feet (50’). All cul-de-sacs shall terminate in a circular right-of-way with a minimum diameter of one hundred feet (100’) and a minimum diameter of seventy-five feet (75’) for the vehicle turn around (i.e. paved area). The City may require a wider right-of-way in order to comply with typical street cross section with minimum drainage swell and blank slopes.
      (9)   Subdivisions that adjoin or include existing streets that do not conform to the required widths shall dedicate additional width along either or both sides of said street.
      (10)   Streets shall be laid out so as to intersect as nearly at right angles as possible.
      (11)   If the smaller angle of intersection of two streets is less than sixty degrees (60°), the radius of the arc of the intersection of the property lines shall be determined by the Plan Commission.
      (12)   At the intersection of other streets the property line corners shall be rounded by arcs with radii of not less than twenty feet (20’), or chords of such arcs.
      (13)   At intersections of streets and alleys the property lines corners shall be rounded by arcs with radii of not less than fifteen feet (15’) or chords of such arcs.
      (14)   Intersections of streets and alleys, the property line corners shall be rounded by arcs with radii of not less than fifteen feet (15’) or chords of such arcs.
      (15)   Where parkways or special types of streets are involved, the Plan Commission may apply special standards to be followed in the design of such parkways. or streets.
      (16)   Whenever the subdivision contains or is adjacent to a railroad right-of-way or a highway designated as a “Limited Access Highway”, by the appropriate highway authorities, provision shall be made for a Marginal Access Street, or a parallel street. at a distance acceptable for the appropriate use of the land between the highway or railroad and such streets.
      (17)   Horizontal visibility on curved streets and vertical visibility on all streets shall be maintained along the center line as follows:
         (a)   Major streets: Five hundred feet (500’).
         (b)   Collector streets and parkways: Three hundred feet (300’).
         (c)   Local streets: One hundred fifty feet. (150’).
      (18)   Horizontal curvature measured along the center line shall have a minim radius as follows:
         (a)   Major streets: Five hundred feet (500’).
         (b)   Collector streets and parkways: Three hundred feet (300’).
         (c)   Local streets: One hundred fifty feet (150’).
      (19)   All changes in grade shall be connected by vertical curves of sufficient radii to provide smooth transitions and required sight distances.
      (20)   Between reversed curves on major streets there shall be a tangent of not less than one hundred feet (100’) and on collector and local streets such tangent shall be not less than forty feet (40’).
      (21)   Maximum grades for streets shall be as follows:
         (a)   Major streets, not greater than six percent (6%), or as approved by the City Engineer and the Plan Commission.
         (b)   Other streets and alleys, not greater than ten percent (10%), or as approved by the City Engineer and the Plan Commission.
      (22)   The minimum grade of any street gutter shall be not less than three-tenths of one percent.
      (23)   No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of an existing street; unless, the proposed street is an extension of or in alignment with an existing street, in which case the duplication shall be mandatory.
      (24)   Alleys shall be discouraged in residential areas but shall be included in commercial and industrial areas where needed for loading and unloading or access purposes; and, where platted, shall be at least twenty feet (20’) in width.
      (25)   Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate turn-around facilities at the dead-end, as determined by the Plan Commission.
   (C)   Blocks.
      (1)   Blocks shall not normally exceed twelve hundred fifty feet (1250’) in length, unless unusual circumstances justify greater length.
      (2)   Blocks shall be of sufficient width to permit two tiers of lots of appropriate depth, except where an interior street parallels a limited access highway, major street or railroad right-of-way.
      (3)   Blocks shall fit easily into the overall plan of the subdivision and their design must evidence consideration of lot planning, traffic flow and public areas.
      (4)   (a)   Within blocks of over seven hundred feet in length, the Planning Commission may require, at or near the middle of the block, a public walk connecting adjacent streets or other public areas, shopping centers.
         (b)   Width of right-of-way for such walks shall be at least ten feet (10’) and shall be intended for the use of pedestrians only.
   (D)   Lots.
      (1)   All lots shall abut on a street, except lots within a Planned Business Development established pursuant to the Planned Business District Zoning Classification of the Schedule of District Regulations of Chapter 161 herein which lots shall abut either on a street or a place.
      (2)   Side lines of lots shall be at approximately right angles to straight streets and on radial lines on curved streets. Pointed or irregular lots shall be avoided.
      (3)   Double frontage lots shall not be platted, except that where desired along major streets, lots may face on an interior street and back on such thoroughfare. In that event a planting strip or a planting screen at least twenty feet in width should be provided along the rear of the lot.
      (4)   Minimum lot areas, widths and building setback lines shall be provided in the Zoning Ordinance for the district in which the subdivision is located within the jurisdiction, except that where a main supply system or a sanitary system is not available, the lot area necessary to install a private water supply or sewage disposal system on the lot, in accordance with the Illinois Department of Public Health, shall become the minimum lot area.
      (5)   Wherever possible, a unit shopping center, based on sound development standards, shall be designed in contrast to the platting of lots for individual commercial use.
      (6)   Corner residential lots shall be wider than normal to permit appropriate setbacks from both streets.
   (E)   Easements.
      (1)   (a)   Where alleys are not provided, easements for utilities shall be provided. Such easements shall have a minimum width of fifteen feet and where located along interior lot lines, one-half the width shall be taken from each lot, except, however, perimeter easements located on the perimeter of the subdivision adjacent to private property outside the limits of the proposed subdivision may have a minimum width of ten feet (10’) where no water, sewer, or gas facilities are to be located within perimeter easement.
         (b)   Before determining the location of easements, the plan shall be discussed with the local utility companies to assure proper placing for the installation of services.
      (2)   Whenever a subdivision is traversed by a water course, drainage way channel or stream there shall be provided a drainage right-of-way which shall be for the purpose of widening, improving or protecting the stream at the subdivision’s expense. The width of the drainage right-of-way shall be adequate for any necessary channel relocations and straightenings and shall be reviewed by the City Engineer and shall relate as closely as possible to the requirements of the Comprehensive Plan. Parallel streets or parkways may be required in connection therewith.
   (F)   Public Use Areas. Where sites for parks, schools, playgrounds or other public use areas as shown in the Comprehensive Plan or Official Map are located within the subdivision area, the City Council shall require that such areas be so designated on the Final Plat. Within one year after the approval of the Final Plat, the authority having jurisdiction shall acquire the designated land or commence proceedings to acquire it by condemnation; otherwise, the owner may make any other permitted use of the site as permitted by the Zoning District within which it lies.
   (G)   Topography, Natural Vegetation and Flooding.
      (1)   In the subdividing of any land within the jurisdiction, due regard shall be shown for all natural features, such as tree growth, water courses, or other similar elements which, if preserved, would add attractiveness to the proposed development.
      (2)   The natural topography shall be retained wherever possible in order to reduce excessive run-off onto adjoining property and to avoid extensive re-grading of the site.
      (3)   Floor elevations of all buildings shall be carefully studied in relation to existing topography, proposed street grades, existing 12” and over caliper trees, and other pertinent site features.
      (4)   Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Commission shall consider withholding approval of such lots.
(Prior Code, Art. 17, § 17.6)
§ 159.07 IMPROVEMENTS.
   Utility and street improvements shall be provided by the subdivider in each new subdivision in accordance with the standards and requirements described in the following sections.
   (A)   Streets. Streets shall be completed in accordance with the plans, profiles, specifications and cross-sections prepared for the subdivider by a registered professional engineer and approved by the City Engineer.
      (1)   The streets shall be surfaced to a minimum width of 26” face to face of curbs according to the type of street, as specified in Plat 1, attached hereto and made a part of this Article.
      (2)   The streets shall be graded, surfaced and improved to the dimensions required by the cross-sections and the work shall be performed in the manner prescribed in current edition of Illinois State Highway Specifications. Alleys shall be paved to the right-of-way. Grading for street improvements shall not create soil slopes exceeding a vertical rise of one foot for each two feet of horizontal distance unless retaining walls are provided.
      (3)   The street surface shall be of Portland Cement, Concrete or a flexible pavement, and shall be constructed in accordance with design characteristics at least equal to those given below and specifications approved by the City Engineer.
      (4)   Prior to the construction of street or alley pavements, adequate surface and sub-surface (if required) drainage facilities shall be installed by the subdivider. Pipe used for drainage purposes shall be of bituminous coated corrugated metal, reinforced concrete or extra strength vitrified clay of an approved design, size and strength to meet the requirements of the specific conditions which may be encountered. Minimum diameters of pipe to be used shall be as follows:
 
Roadway Crossdrains
15”
Entrance Culverts
12”
Perforated Underdrains
6”
 
      (5)   (a)   All construction shall be completed in accordance with the specific conditions in the agreement for improvements and the accepted plans and specifications, and in a manner acceptable to the authorities having jurisdiction.
         (b)   When changes from the accepted plan and specifications become necessary during construction, written approval from the authorities having jurisdiction shall be secured prior to the execution of such changes.
      (6)   Adequate provision for the maintenance of all street improvements shall be made by dedication to and acceptance for maintenance by the local authorities having jurisdiction, or by other suitable means.
   (B)   Curbs and Gutters.
      (1)   Curbs and gutters shall be constructed in conjunction with the street pavements on all streets and shall be of air entrained Portland Cement Concrete at least eighteen inches wide and not less than six inches thick where the curb abuts the street pavement.
      (2)   Curb construction for concrete pavements may be integral and roll-type curbs may be permitted where the distance between the back of the curb and the nearest sidewalk is at least three feet on residential and feeder streets.
      (3)   All plans for the installation of the curb and gutter shall be approved by the City Engineer and the Plan Commission.
   (C)   Sidewalks.
      (1)   Sidewalks on each side of a street shall be provided within a subdivision. Sidewalks shall be of Portland Cement Concrete with a minimum thickness of four inches and a minimum width of four feet.
      (2)   Crosswalks within the block shall be improved with a four foot walk of either Portland Cement Concrete four inches thick or asphaltic concrete two inches thick on a four inch compacted aggregate base. Extend base beyond sidewalk on either side to distance equal to depth of base.
   (D)   Sewage Disposal and Water Supply.
      (1)   The subdivider shall provide for the disposal of sewage in the subdivision by a connection to the City sanitary sewer system. In all cases the subdivider shall construct a sanitary sewer system which shall connect to the public sewerage system of the City and provide a connection to each lot.
      (2)   The subdivider shall provide the subdivision with a complete water main supply system which shall be connected to the water facility system serving the City; said system shall provide a source of potable water as well as providing an adequate water supply for fire protection.
      (3)   (a)   Plans and specifications for public and local sewer disposal and water supply system shall be prepared for the subdivider by a registered professional engineer in accordance with the requirements of the Illinois Department of Public Health and the City Engineer. All plans and specifications shall conform to Chapter 50, Regulations for a water system. The City Engineer’s office shall prepare and keep on file a comprehensive set of standards pertaining to the City’s requirements for a water supply system.
         (b)   Private sewage disposal system shall be installed in accordance with the regulations of the local health authorities and the Illinois Department of Public Health.
      (4)   The subdivider shall furnish the City a complete set of plans and profiles as approved by the various authorities.
   (E)   Storm Drainage.
      (1)   Adequate surface and subsurface drainageways for the removal of storm water shall be provided by the subdivider. The extent to which storm drainage facilities shall be required shall be based upon an analysis of need prepared for the subdivider by a registered professional engineer. The analysis shall be based upon the rational method of computing storm water run-off, using the one-hour rainfall to be expected at a five-year frequency. Times of concentration, soil infiltration rates and other variable factors to be used in the analysis shall be discussed with and approved by the City Engineer during the preliminary consideration of the subdivision.
      (2)   A storm water sewer system, which shall be separate and independent of the sanitary sewer system with surface inlets, shall be provided by the subdivider in all cases and whenever the available evidence indicates that such a system is necessary due to the inadequacy of the natural surfaces drainage.
      (3)   Distance from Streams or Main Drainage Channels: Any person proposing to locate a structure or a use within one hundred feet of any stream or main drainage channel in any zoning district shall include with the application for a Building or Use Permit, a statement by a competent engineer, based on a study of the watershed area and the probable run-off, that the structure or use in the location proposed will leave adequate space for the flow of flood water, provided, however, that no building shall be permitted within fifty feet of the top of the bank of any stream or main drainage channel.
      (4)   The subdivider shall furnish the City a complete set of plans and profiles as approved by the various authorities.
   (F)   Public Utilities.
      (1)   All utility lines for telephone and electric service when carried on overhead poles, provided for with rear and side lot line easements. Gas mains shall be located within easements or public rights-of-way so as not to conflict with other utilities.
      (2)   Where telephone and/or electric service lines are to be placed underground throughout the subdivision, the conduit or cables shall be located within easements or public rights-of-way in separate trenches in a manner which will not conflict with other underground services. Furthermore, all transformers and terminal boxes shall be located so as not to be unsightly or hazardous to the public.
      (3)   All excavations for public utilities made under paved areas shall be properly backfilled with approved granular materials thoroughly compacted in place.
   (G)   Street Lighting.
      (1)   Provisions shall be made by the subdivider for the adequate lighting of public streets within the subdivision in accordance with the standard and requirements of the City and the electric utility.
      (2)   Street lights shall be provided with a maximum spacing of 300 feet with concrete or steel poles connected by underground wiring.
   (H)   Street Signs.
      (1)   (a)   Appropriate street signs of aluminum extrusions with reflectorized lettering mounted on aluminum posts and as specified by the City, shall be installed by the subdivider at all street intersections on diagonally opposite corners so that they will be on the far right hand side of the intersection for traffic on the more important streets.
         (b)   Signs indicating both streets shall be erected at each location mounted as close to the corner as practical, facing traffic on the cross street, with the nearest portion of each sign not less than one foot nor more than 10 feet back from the curb line.
      (2)   Before the Final Plat is approved, the subdivider shall submit to the Plan Commission a statement from the local Postmaster approving the names of the proposed streets and of the proposed systems of postal addresses on such streets.
   (I)   Landscape Development.
      (1)   All unpaved or otherwise unimproved areas within the public rights-of-way or public use areas shall be graded and seeded in an approved manner.
      (2)   Street trees shall be provided by the subdivider along all streets where trees do not exist. The trees shall be of a species suitable for local soil and climatic conditions, adopted to street use and of at least two and on-half inch caliper. At street corners the trees shall be located a minimum of twenty-five feet from the intersection of the street right-of-way lines. Otherwise, they shall be located so as not to interfere with utilities or sidewalks and placed forty to fifty feet apart. The trees shall be placed in the grass area between the curb and the sidewalk unless this space is less than ten feet wide or has a slope of 5 to 1, in which case the trees shall be planted on the lots.
      (3)   In informal types of street patterns, informal planting of street trees in accordance with an approved landscape development plan may be permitted.
      (4)   All residential lots shall have an appropriate cover of undisturbed existing vegetation, seeding, fresh cut sod, plugs or spot sod.
   (J)   Monuments and Markers.
      (1)   Permanent monuments shall be set:
         (a)   At the intersection of all lines forming angles in the boundary of the subdivision.
         (b)   At the intersection of street property lines and at the beginning and end of all curves along street property lines.
         (c)   In slope areas at principal changes in alignment in the boundary of the subdivision.
      (2)   Markers shall be set, unless otherwise located by a monument:
         (a)   At all points where lines intersect street right-of way lines.
         (b)   At all angles in the lot property lines.
         (c)   At all other lot corners.
      (3)   Monuments shall be of concrete with minimum dimensions of four inches and thirty-six inches in length, and shall be marked at the top with either a copper or steel dowel imbedded so that the top of the dowel should be flush with the top surface at the center of the monument. Markers shall consist of galvanized steel or wrought iron pipe or steel bars at least thirty inches in length and three-quarters of an inch in outside diameter.
      (4)   Monuments and markers shall be provided by the subdivider and so placed that the center point shall coincide with the intersection of lines to be marked and the top level with the surface of the surrounding ground after final grading.
   (K)   Privately Developed Facilities. Where the subdivision is to contain sewers, sewage treatment facilities, water supply system, park areas, or other physical facilities which will not be maintained by existing public agencies, provision shall be made by trust agreement, which is a part of the deed restrictions and which is acceptable to the proper public agencies for jurisdiction over the continuous maintenance, supervision, operation and reconstruction of such facilities by the lot owners in the subdivision. Other restrictions not inconsistent or in conflict with the provision of this Ordinance of the City may also be included.
   (L)   Cluster Development. In order to promote the health and general welfare of the City and to preserve and make available Open Space, the Plan Commission may grant a developer the right to vary the residential density within a tract to be developed, leaving a substantial area free of building lots. The right to vary the density shall, however, be subject to the following conditions:
      (1)   An overall plan of the entire tract showing roads, lot lines, lot areas, easements, encumbrances and other relevant data shall be submitted in accordance with §§ 159.04, 159.06 and 159.07.
      (2)   (a)   Overall density shall not exceed that of the Zoning District in which the land occurs. The houses in the proposed subdivision shall be grouped in clusters, The minimum lot area shall be two thirds of the minimum normally required in the Zoning Districts in which the land occurs.
         (b)   Minimum yard requirements in a Cluster Development shall be:
 
Front Yard
10 feet
Side Yard
8 feet (save that garages or carports upon adjacent lots join at the property line or be grouped on land away from the individual lot.)
Rear Yard
15 feet
 
      (3)   In cases where a developer has designed special groups of dwelling and garages, the Plan Commission, after inspecting. plans and elevations, may grant smaller lot minimum sizes than those in paragraph (L)(2) above, provided that the sanitary systems are approved by the City Engineer, that the overall-density does not exceed that permitted within the Zoning District in which the land occurs, or that the layout is not detrimental to the health and general welfare of the community.
      (4)   (a)   The balance of the land not contained in the lots or within the road rights-of-way shall be contiguous and of such condition, size and shape as to be usable for recreation. Such land shall be held and there shall be incorporated into the deeds of all property within the development a clause giving to the owners an interest in such open land which shall be used for recreational purposes only. (No structure save those incidental to the recreational use should be permitted thereon.)
         (b)   Open land shall be a minimum of one and one-half acres and shall be subject to taxation. In the case of such tracts of three or more acres the developer may petition the City to take over the land to be used in perpetuity as Open Space.
(Prior Code, Art. 17, § 17.7)
§ 159.08 SPECIAL MINIMUM DESIGN AND DEVELOPMENT STANDARDS.
   (A)   General. If the subdivision meets the following conditions and requirements, then the Subdivider may conform to the hereinafter described minimum design and development standards, although the Subdivider shall conform to all development standards and requirements of this Chapter 159 except as expressly and specifically modified and addressed within this Section.
   (B)   Conditions and Requirements. The subdivision shall be eligible to utilize the special minimum design and development standards of this Section if and only if the following conditions are met:
      (1)   The subdivision must be located within the corporate limits of the City of Mt. Vernon or must be located within one and one-half (1-1/2) miles of the corporate limits and be subject to a valid Agreement to Annex (pre-annexation agreement) providing for annexation of all property within the subdivision upon same becoming contiguous to the corporate limits.
      (2)   The subdivision must have an R- 1 Zoning Classification, Low Density Residential District and must conform in every respect to all R-1 Zoning Classification requirements without variance or exception.
      (3)   Availability of and access to the municipal sewer system of the City must be present for immediate connection for each lot within the subdivision unless the cost of construction for the extension and connection to the municipal sanitary sewer system to serve all of the lots in the subdivision exceeds the sum of $5,000 per lot or the estimated cost of private sewage disposal, whichever is greater as determined by the City and as determined pursuant to Subsection (C)(4) herein.
      (4)   The subdivision must not have access by or require the extension of an existing City street with curb and gutter; nor shall the subdivision be immediately adjacent to a subdivision conforming to the minimum design and development standard of §§ 159.06 and 159.07.
   (C)   Modified Minimum Design & Development Standards. If the conditions and requirements of Subsection (B) are met without exception or variance, then the subdivision shall conform to the standards of §§ 159.06 and 159.07 herein, except that said standards may be modified as follows:
      (1)   (a)   The Plat of Subdivision and the Declaration of Subdivision shall include a restrictive covenant that the minimum floor area for any residential dwelling shall be not less than 1,200 square feet exclusive of the garage area, and the maximum floor area of any residential dwelling shall not be more than 2,000 square feet exclusive of the garage area, except the covenant may provide that the restriction governing the maximum floor area shall expire 24 months from the date that a Certificate of Occupancy is issued by the City for the residential dwelling. In addition, the minimum floor area and the maximum floor area during 24 months from the date of the Certificate of Occupancy provided herein shall be a requirement of this ordinance.
         (b)   Alternatively, if the subdivider desires to construct a residential dwelling on one or more lots within the subdivision that is 2,000 square feet or greater exclusive of the garage area, then the Plat of Subdivision and the Declaration of Subdivision shall include a restrictive covenant that the minimum floor area for any residential dwelling shall not be less than 1,500 square feet exclusive of a garage area, which restrictive covenant shall continue without expiration, it being the intent and requirement of this provision that if any residential unit within the subdivision has a square footage of 2,000 feet or greater then all of the residential dwelling units within the subdivision shall have a square footage of at least 1,500 square feet or greater.
      (2)   (a)   The pavement designed for streets shall conform to the standards specified within Plat 2 of § 159.14 as follows:
            1.   24’ of 3” bituminous over 9” of compacted gravel base.
            2.   24’ of 7 2 A of Portland concrete non-reinforced.
            3.   6’ of 6” compacted gravel shoulder upon each side of the street.
            4.   An open drainage swale with slopes to be a minimum 4 to 1.
            5.   The bottom of the drainage swale shall be a minimum of 2’ below the edge of the street.
            6.   No utilities shall be located within 10’ of the edge of the surface of the street.
            7.   Each driveway culvert shall be a minimum of 15” in diameter RCCP pipe and shall extend 5 feet from the edge of the driveway surface; driveway culverts shall have flared end sections on each end of the culvert and the flared end sections shall not be counted as part of the 5 foot extension.
         (b)   The Declaration of Subdivision shall include restrictive covenants incorporating subparagraph (C)(2)(a)4.; subparagraph (C)(2)(a)5. and subparagraph (C)(2)(a)6.; in addition, the Declaration of Subdivision shall include a restrictive covenant that no fill, improvement, or other construction shall be made at any time so as to cause any drainage swale to fail to meet the minimum requirements provided herein. Any person who shall make any fill, construction or improvement so as to cause a drainage swale not to meet the minimum requirement shall be subject to a fine and shall be liable for all costs incurred in restoring the drainage swale to the required standards.
         (c)   The minimum right-of-way for local streets, including marginal access streets shall be seventy feet (70’). All cul-de-sacs shall terminate in a circular right-of-way with a minimum diameter of one hundred feet (100’) and with a minimum diameter of seventy-five feet (75’) for the vehicle turn around (i.e. paved area). The City may require a wider right-of-way in order to comply with typical street cross section with minimum drainage swale and bank slopes.
      (3)   If the proposed subdivision is contiguous with the corporate limits of the City of Mt. Vernon, all of the proposed subdivisions shall be annexed to the City prior to subdivision. If the proposed subdivision is not within the corporate limits of the City of Mt. Vernon and if the proposed subdivision is not contiguous to the corporate limits of the City of Mt. Vernon the Declaration of Subdivision shall include a restrictive covenant that the subdivision is subject to an Agreement to Annex providing for the annexation of all property within the subdivision to the City of Mt. Vernon upon the property comprising the subdivision becoming contiguous to the corporate limits of the City of Mt. Vernon; and said Agreement to Annex shall be executed by all owners, occupants and necessary parties prior to subdivision approval.
      (4)   (a)   Unless state law otherwise requires, if the cost of construction for the extension and connection of the municipal sanitary sewer system to serve all of the lots in the subdivision exceeds the sum of $5,000 per lot or the estimated cost of private sewage disposal as determined by the City, whichever is greater, then private sewage disposal may be utilized. Calculation of the costs of sewage disposal shall be determined by the estimated number of lots based upon the smallest lot within the proposed subdivision and based upon the area within the subdivision and within all projected subsequent phases thereof and all contiguous real estate owned in whole or in part, directly or indirectly, by the Developer and/or Subdivider and/or Owner including without limitation any developed or undeveloped land and any non-subdivided and/or subdivided lands. In addition, any tract of real estate of which the proposed subdivision formed a part as of March 1, 2002 shall be considered in the calculation of the cost of sewage disposal.
         (b)   If each lot within the proposed subdivision is not immediately connected to the municipal sanitary sewer system, the Declaration of Subdivision shall include a restrictive covenant that, in the event the City of Mt. Vernon municipal sanitary sewer is extended to within 100 feet of the subdivision boundary, the owners of lots in the subdivision will be required to extend the City of Mt. Vernon municipal sanitary sewer through the subdivision and that each lot owner shall bear the construction costs, proportioned by lot frontage, and shall grant at no charge an easement to the City of Mt. Vernon at such location and in such width as determined by the City of Mt. Vernon for the construction of the municipal sanitary sewer, unless an easement for the municipal sanitary sewer is incorporated in the approved and recorded plat of the subdivision.
         (c)   A plan prepared by a licensed professional engineer for the municipal sanitary sewer extension shall be submitted to the City for review within 90 days of the municipal sanitary sewer becoming available and accessible within 100 feet of the subdivision boundary. Each lot must connect to the municipal sanitary sewer system during the construction of the extension, which shall be completed within 180 days of the plan approval by the City. All required permits shall be acquired prior to commencement of any municipal sanitary sewer construction activities. If the owners of the lots fail to construct the municipal sewer or shall fail to comply with any provision herein, all costs incurred by the City in enforcing this Ordinance, including but not limited to attorneys’ fees, engineering fees, construction costs, and all expenses of every kind shall be personally assessed to each lot owner and a lien shall attach to each lot for said expenses.
      (5)   Sidewalks shall not be required unless the subdivision shall be immediately adjacent to a subdivision with sidewalks which extend to or would reasonably be expected to extend to or through the proposed subdivision.
      (6)   If the subdivision consists of 5 acres or more, storm water management (including both erosion control and storm water detention) shall be required and detailed upon the subdivision plans and plat.
      (7)   The Subdivider and/or Developer shall immediately grade and seed all unpaved areas of any publicly dedicated right-of-way and shall maintain said areas until acceptance of the street by city.
      (8)   Except as expressly and specifically modified within this sub-section, the subdivision and the Owner and/or Subdivider and/or Developer shall comply with all other provisions of this Chapter 159 of the Revised Code of ordinances. With regard to the modifications provided within this sub-section, there shall be no variance or exceptions therefrom.
(Prior Code, Art. 17, § 17.8)
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