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The city's subdivision regulations and zoning code shall apply to any subdivision or development within the city, and the city's subdivision regulations and the DuPage County Zoning Ordinance shall apply to any subdivision or development outside the city but within 1-1/2 miles of the corporate limits of the city, for all maps or plats of any subdivision of land, as defined herein; and all PUD's with respect to §§ 159.05(A)-(C), 159.06, 159.08(A)-(B), 159.09, 159.10, 159.11(A)-(B), and the subchapter entitled "Land Dedication for Park, Open Space and Recreation Purposes", in accordance with authority vested in the municipality under the provisions of ILCS Ch. 65, Act 5, §§ 11-12-5 and 11-12-12.
(Ord. 08-19, passed 9-9-08)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. The Director of Community and Economic Development or a designee, who shall be responsible for administering and enforcing all of the requirements and provisions of the city’s subdivision regulations.
BEDROOM. Any room within a residential living unit, including but not limited to a den or study with a closet space, other than rooms designed for the general living space for the entire household, such as a living room, family room, kitchen, dining room, bathroom, lavatory, and garage.
BIKE PATH. A lane or other surface reserved for bicycles. A bike path may be physically separated from motorized vehicular traffic by an open space and/or barrier or it may be on a contiguous surface adjacent to lanes used for motorized vehicles.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public land, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of the city.
BUILDING. A structure that is permanently affixed to the land, has one or more floors and a roof, and is designed or intended for use as a living quarters, shelter, business or storage.
BUILDING LINE. The line nearest the front lot line, running approximately parallel to the front lot line across the width of a lot at the point of the required front yard depth.
CITY COUNCIL. The City Council of the City of Oakbrook Terrace.
COMPREHENSIVE PLAN. The Comprehensive Plan of the City of Oakbrook Terrace.
CONSTRUCTION. Installation, reconstruction, repair, replacement and maintenance of improvements, including public and private improvements, buildings or structures.
CONTOUR MAP. A map on which irregularities of the land surface are shown by lines connecting points of equal elevations. Contour intervals are the vertical height between contour lines.
CUL-DE-SAC. A minor street which has one open end and is permanently terminated at the other by a vehicular turnaround.
DEVELOPER. Any owner or person with a lawful interest in property within the city's jurisdiction, as provided in § 159.03 of this chapter, who undertakes the development of land, as defined herein.
DEVELOPMENT. The physical alteration of a tract of land, including construction, reconstruction or modification of buildings and structures, grading, and other related changes.
ELMHURST COUNTRYSIDE SUBDIVISION. The area that is legally described as the Town Development Company Elmhurst Countryside Subdivision, Units 3, 4 and 5, being a part of Section 22, Township 39 North, Range 13 East of the Third Principal Meridian in DuPage County, Illinois, according to the plats thereof, respectively recorded as Document No. 487163 on November 13, 1945, Document No. 488358 on December 5, 1945, and Document Number 488359 on December 5, 1945. Such area is commonly described as the residential portions of the city that are bounded by Summit Avenue/Midwest Road on the west, Butterfield Road (Illinois Route 56) on the north, Illinois Route 83 on the east, and 22nd Street on the south.
FINAL PLAT. A map indicating graphically a proposed land subdivision or re-subdivision, prepared in a form suitable for filing for record, with the necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets, public areas and other dimensions of land.
FRONTAGE. All of the property fronting on one side of a street between two intersecting streets, or in the case of a dead end street, all of the property along one side of the street between an intersecting street and the end of such dead end street.
LOT. A parcel of land which is part of a real estate subdivision, the plat for which has been recorded in the office of the DuPage County Recorder of Deeds pursuant to state law, or for which an assessment plat describing the parcel by a metes and bounds description has been recorded in the office of the DuPage County Recorder of Deeds pursuant to state law, and which is occupied or intended for occupancy by a use permitted in the city's zoning code, and which has its principal frontage upon a road or street.
LOT CONSOLIDATION. The removal of lot lines between contiguous parcels, which does not qualify as a subdivision or an exempt land division pursuant to the requirements of this chapter, and which does not involve any additional public rights-of-way, or the vacation of any existing public rights-of-way.
LOT, CORNER. A lot situated at the junction of and abutting on two or more intersecting rights-of-way or streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which does not exceed 135 degrees.
LOT LINE. The property lines bounding a lot.
LOT RECONFIGURATION. An exchange of land between adjoining or contiguous parcels of land located within the city that changes the boundaries of the existing lots, but does not create an additional lot, does not qualify as a subdivision or an exempt land division pursuant to the requirements of this chapter, and does not involve any additional public rights-of-way, or the vacation of any existing public rights-of-way.
LOT SPLIT. Any conveyance of real property located within the city that results in a land division
that does not qualify as a subdivision, a lot reconfiguration or an exempt land division pursuant to the requirements of this chapter, and that does not involve any additional public rights-of-way, or the vacation of any existing public rights-of-way.
LOT, THROUGH. A lot having frontage on two streets, but excluding corner lots.
METES AND BOUNDS. A method of property description whereby properties are described by means of their direction and distances from an easily identifiable location or point.
OUTLOT. A parcel of land within a subdivision that has been included on a final plat, but is designated as an unbuildable lot for storm water detention or retention, or for park, open space or recreation purposes, or as unbuildable due to insufficient size and/or frontage or peculiar siting or topographical problems.
OWNER. Any individual or group of individuals or any legal entity having record ownership of land.
PEDESTRIANWAY or CROSSWALK. A right-of-way across or within a block, for use by pedestrian traffic whether designated as a pedestrianway, crosswalk, or however otherwise designated, which may include utilities if necessary.
PARKWAY. Any portion of the right-of-way not improved by a street or sidewalk.
PLANNED UNIT DEVELOPMENT (PUD). A use of land which offers benefits to the neighborhood of which it is a part or to the general public welfare beyond those required by this chapter, which use of land will contain or provide amenities not otherwise required by law, including but not limited to provisions for common park, open space, or recreation purposes, or specific design, engineering, architectural, site planning or landscape features, or will allow uses, bulk and site layout that would not otherwise be allowed by law.
PLANNING AND ZONING COMMISSION. The Planning and Zoning Commission of the City of Oakbrook Terrace.
PUBLIC IMPROVEMENT. Any sanitary sewer, storm sewer, storm water management facility, drainage ditch, water main, roadway, parkway, sidewalk, pedestrianway, public lighting, planting strip, or other facility intended for public
use or benefit, or for which the city may ultimately assume the responsibility for maintenance and operation.
PRELIMINARY PLAT. The tentative map or plan of a proposed subdivision indicating the proposed layout to be submitted to the city for its consideration.
RIGHT-OF-WAY. A strip of land dedicated to the public or owned by a public utility, and occupied or intended to be occupied by a street; pedestrianway or crosswalk; railroad line; utility transmission lines, including but not limited to oil or gas pipelines, water mains, sanitary or storm sewer mains; or for another similar use, as established and depicted on a final plat so as to be separate and distinct from the lots or parcels abutting such right-of-way, and so as not to be included within the dimensions of any lots or other parcels.
ROADWAY. A paved portion of a street available for vehicular traffic.
SIDEWALK. A paved surface within a public right-of-way intended for use as a pedestrian walkway.
STREET. A permanent, improved public or private right-of-way or roadway which affords a primary means of vehicular access to abutting property.
STREET, ARTERIAL. A street designated as such in the city's Comprehensive Plan, which serves as a major thoroughfare for travel between and through a municipality, is generally a controlled access highway that is part of a major system of streets or highways, and is designed to handle a large volume of traffic. The arterial streets serving the city include Roosevelt Road (IL Route 38), 22nd Street, IL Route 83, and Butterfield Road (IL Route 56).
STREET, COLLECTOR. A street designated as such in the city's Comprehensive Plan, which collects traffic from local streets and moves the traffic toward arterial streets for efficient flow. Such streets may be classified as major and minor depending on the volume of traffic they are intended to carry.
STREET, FRONTAGE. A minor street which is parallel and adjacent to an arterial or major
collector street, and which provides access to abutting properties and protection from through traffic.
STREET, LOCAL. A street designated as such in the city's Comprehensive Plan, which is intended to serve primarily those vehicle trips generated by land uses abutting the street.
STREET, MAJOR COLLECTOR. A street designated as such in the city's Comprehensive Plan. The major collector streets serving the city include Summit Avenue/Midwest Road and Meyers Road.
STREET, MINOR COLLECTOR. A street designated as such in the city's Comprehensive Plan. The minor collector streets serving the city include Danby Street/14th Street, Ardmore Avenue, South Villa Avenue, MacArthur Drive, 16th Street, and Spring Road.
STRUCTURE. Anything constructed or erected, the use of which requires a more or less permanent location on the ground or an attachment to something having a permanent location on the ground, including but not limited to, buildings, signs, decks, fences, patios, swimming pools, pavements, driveways and walkways; provided that readily removable decorative landscape borders or features, including but not limited to, bricks, stones, timbers, flower boxes and other similar features, shall not be considered structures; and further provided that fences shall not be considered structures for purposes of calculating the maximum permitted coverage of the front yard.
SUBDIVIDER. Any owner or person with a lawful interest in property within the city's jurisdiction as provided in § 159.03 of this chapter, who undertakes the subdivision of land as defined herein.
SUBDIVISION. The division of a lot, into two or more lots, tracts, parcels or other divisions of land for sale, development or lease; provided, however that, consistent with the provisions of the Plat Act, ILCS Ch. 765, Act 205, § 1, the following shall not be considered a subdivision and shall be exempt from the requirements of this chapter:
(1) The subdivision or division of land into parcels or tracts of five acres or more in size which does not involve any new streets or easements of access;
(2) The division of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access;
(3) The sale or exchange of parcels of land between owners of adjoining and contiguous land;
(4) The conveyance of parcels of land or interests therein for use as right-of-way for railroads or other public utility facilities which does not involve any new streets or easements of access;
(5) The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access;
(6) The conveyance of land for highway or other public purposes, grants or conveyances relating to the dedication of land for public use, or instruments relating to the vacation of land impressed with a public use;
(7) Conveyances made to correct descriptions in prior conveyances;
(8) The sale or exchange of parcels or tracts of land following the division into no more than two parts of a particular parcel or tract of land existing on July 17, 1959 and not involving any new streets or easements of access; and
(9) The sale of a single lot of less than five acres from a larger tract when a survey is made by a registered surveyor; provided that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions and configuration of the larger tract as of October 1, 1973, and provided also that this exemption does not invalidate any city requirements with respect to the division or consolidation of land.
(10) The preparation of a plat for wind energy devices under 35 ILCS 200/10-260 of the Property Tax Code.
(Ord. 08-19, passed 9-9-08; Am. Ord. 22-24, passed 8-23-22)
(A) In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
(B) Where the conditions imposed by any provisions of this chapter upon the subdivision or development of land are either more restrictive or less restrictive than comparable conditions imposed by any other city ordinance or any other applicable law, the city ordinance or other applicable law which is more restrictive and imposes a higher standard or requirement shall govern.
(C) This chapter is not intended to abrogate any easement, covenant, or any other private agreement; provided that where the regulations of this chapter are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement, the requirements of this chapter shall govern.
(D) Any subdivision of land which was not lawfully existing at the time of the adoption of this chapter shall not be made lawful solely by reason of the adoption of this chapter, and to the extent that said subdivision of land is in conflict in any manner with the requirements of this chapter, said subdivision of land remains unlawful hereunder.
(Ord. 08-19, passed 9-9-08)
(A) Administrator. The Administrator or a designee shall have the duty to administer and enforce the provisions of this chapter.
(B) Plan review and inspections. The City Engineer, or a duly designated representative of the Engineer, shall review all plans and specifications and shall inspect all public improvements proposed to be made under this chapter during the course and upon completion of their construction.
(C) Transfers of lots; building permits; occupancy permits.
(1) Except as exempted under the definition of "subdivision" in § 159.04, no person shall sell, convey or transfer any lot in a subdivision until the final plat of subdivision has been approved by the City Council in accordance with this chapter, and recorded with the DuPage County Recorder of Deeds.
(2) Except as exempted under the definition of "subdivision" in § 159.04, no permit shall be issued providing for the improvement of any lot in a subdivision until the final plat of subdivision or the final plan for a PUD, and the plans and specifications for the public improvements therein, have been approved by the City Council, and the final plat of subdivision or the ordinance approving the final plan for a PUD has been recorded with the DuPage County Recorder of Deeds.
(3) No occupancy permit shall be issued for any building or structure within any subdivision or PUD until all required utility facilities have been installed and are ready to serve the subdivision, and access to the properties therein has been constructed; provided, however, that temporary occupancy permit may be issued prior to the installation of final landscaping for the subdivision or PUD in accordance with § 110.3 of the city's Building Code, as amended by § 150.02(U) of this title.
(D) Variations and waivers. The City Council may authorize variations and waivers from the provisions of this chapter for a subdivision or PUD when, in its opinion, there are practical difficulties or particular hardships in carrying out the strict letter of the provisions of this chapter; provided that such variations or waivers shall apply only to the requirements of this chapter and not to any other law, code or ordinance. No variations or waivers shall be granted unless the City Council finds:
(1) That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of its land;
(2) That the proposed subdivision or PUD, including the variations or waivers, promotes the objectives and policies of the city's Comprehensive Plan;
(3) That the granting of the variations or waivers will not be detrimental to the public welfare or injurious to the value or reasonable use of surrounding properties;
(4) That the variations or waivers are consistent with the trend of development in the area and the surrounding uses with respect to density, stormwater management, and similar matters;
(5) That the variations or waivers are in conformance with the general spirit of this chapter.
(E) Fees. A fee in the amount established in Chapter 154 (Fees and Deposits), shall be submitted with each application for any approval or relief pursuant to this chapter.
(Ord. 08-19, passed 9-9-08)
(A) Preliminary plat.
(1) The subdivider shall prepare a preliminary plat, including preliminary engineering plans and specifications, intended dedication or reservation of public lands, and all technical requirements and specifications required by the Administrator, and shall file with the Administrator an application including the required number of copies of the proposed plat. The preliminary plat shall conform to the following requirements:
(a) Size. All plats shall be accurately drawn to a scale of not less than one inch equals 50 feet, and shall not be larger than 30 inches by 36 inches.
(b) Title. The title on the plat shall contain a name for the proposed subdivision that does not duplicate a previously recorded plat; the date of preparation of the plat; a "north" sign; and the section, township, range, city, county and state in which the property being subdivided is located.
(c) Legal description and survey. The plat shall describe the property being subdivided, including section, township and range, from a correct survey made of the entire tract. The plat shall depict three ties to existing survey monumentation. The error of closure of the boundary survey shall not exceed one in 5,000. The boundary line of the proposed subdivision shall be depicted with a solid heavy line, and a notation of the approximate acreage shall be included.
(d) Streets. The plat shall show the full width and names of intersecting streets within the property being subdivided and the full width and names of streets bounding and immediately adjacent thereto.
(e) Boundaries. The plat shall depict all municipal boundary lines within or adjacent to the proposed subdivision, and the boundaries of all adjacent properties for a distance of not less than 200 feet from the proposed subdivision.
(f) Lots and blocks. The plat shall show the dimensions of all lots and blocks, with a number designating each lot and block.
(g) Dimensions. The plat shall show all dimensions, both angular and linear, which are necessary to retrace the survey, including linear dimensions in feet and decimals thereof, and angular dimensions by the radii, central angles, and supporting curve data; and the location of the ends of curves, shall also be shown on the plat. The plat shall show whether arc or chord measurements were used along the curves.
(h) Owner's certificates. The plat shall include owner's certificates with a statement of dedication properly conveying all lands dedicated for such public uses, including streets, utility easements, parks, open space and recreation purposes, or other public uses, as well as all restrictions as may be applied to the subdivision. In the event that the restrictions are lengthy, the owner may elect to record them as a separate instrument, noting in the certificate the proper recorder's number, and that the restrictions as recorded run concurrently with the plat, in the same manner as if included therein.
(i) Building lines. The plat shall show building lines conforming to the requirements of the applicable zoning code for front yards.
(j) Survey monuments. The plat shall show the description and location of all permanent survey monuments placed during the survey of the subdivision. Permanent monuments shall be of concrete not less than four inches square and not less than 30 inches long, and they shall be set flush with the adjacent ground. Each permanent monument shall be fitted with a suitable mark in the center of the top to designate the survey point. Permanent monuments shall be placed at all block corners, at boundary survey corners and at angle points in street lines. Iron pipes or iron rod markers shall be set at all corners, except where monuments are required and so noted on the plat.
(k) Certificates. The plat shall show all certificates, seals and signatures required by law, and the Building and Director of Community and Economic Development shall maintain a listing of such required certificates and provide such list upon request.
(1) Identification information. The plat shall show the names and addresses of the owners, the subdivider or developer, the surveyor who made the plat, and the date of preparation.
(2) After receiving a report from the Administrator, the Planning and Zoning Commission shall consider the proposed preliminary plat based on the requirements of this chapter and shall, within 90 days after its consideration thereof, make a recommendation to the City Council as to whether approval of the preliminary plat should be granted, denied or granted with modifications or conditions.
(3) If the City Council approves the preliminary plat, it shall be returned to the subdivider for compliance with final plat approval requirements. Unless otherwise agreed to by the City Council and the subdivider, the City Council shall act on the preliminary plat at its next regularly scheduled meeting within 30 days following the recommendation of the Planning and Zoning Commission.
(4) If the preliminary plat is denied approval by the City Council, the Council's objections to it shall be noted, and the subdivider may modify the preliminary plat and resubmit it to the Administrator.
(5) An approved preliminary plat shall be valid for one year, during which time the subdivider shall obtain City Council approval of a final plat. Upon written application, extensions of not to exceed one year for each extension authorized may be granted by the City Council.
(B) Final plat.
(1) Filing of final plat. The subdivider shall file the final plat, including the required number of copies thereof, with the Administrator. Such plat shall substantially conform with the preliminary plat, including any modifications thereto required by the approval thereof by the City Council.
(2) Action of the City Council. Upon receipt of the final plat, the Administrator and City Engineer shall immediately review the plat, and if the plat is in acceptable form and in conformance with the preliminary plat, the approval thereof by the City Council, and the requirements established in this chapter, the Administrator shall forward such plat to the Planning and Zoning Commission. The Planning and Zoning Commission shall examine the final plat and shall promptly recommend to the City Council that approval of the plat be granted or denied, or granted with modifications or conditions. The City Council shall approve or disapprove said final plat within 60 days from the date of filing of the last required document or within 60 days from the date of the filing of the application for final approval of the plat, whichever date is later, unless the time is extended by agreement with the subdivider. Failure of the City Council to act within such time shall be deemed a denial. After the final plat is approved by the City Council, the City Clerk shall cause a certified copy of the resolution or ordinance approving such plat to be attached to the plat and returned to the subdivider. A copy of the resolution or ordinance and plat shall be transmitted to the Administrator, and a copy shall also be promptly recorded in the office of the DuPage County Recorder of Deeds.
(C) Street vacations. As part of any subdivision, a street, or any part thereof, may be vacated by ordinance of the City Council pursuant to the authority and procedures as set forth in ILCS Ch. 65, Act 5, § 11-91-1.
(Ord. 08-19, passed 9-9-08; Am. Ord. 22-24, passed 8-23-22)
(A) Planning and Zoning Commission; review standards. In the review of subdivision plats and plans for PUD's for recommendation, and in the application of this chapter, the Planning and Zoning Commission shall consider the following issues:
(1) The location of streets, lot sizes and locations, as well as the reports and recommendations of the Administrator and City Engineer.
(2) Conformance to the provisions and conditions of the Comprehensive Plan of the city. A recommendation for plat approval may be withheld if a subdivision does not conform to the provisions of the Comprehensive Plan.
(3) No recommendation for approval of any plat of subdivision shall be forwarded to the City Council if such plat does not make adequate provision for storm water management, as determined by the City Engineer.
(4) Due regard shall be given to the preservation of natural features such as trees, for which preservation credits may be considered under the city's zoning code; watercourses; and historical and similar features.
(B) Dedication of land for public use; general provisions.
(1) Whenever a preliminary plat or preliminary plan for a PUD includes a proposed dedication of land for public use, and the City Council finds that such land is not required or is not suitable for public use, the City Council may either refuse to approve such dedication in the location shown, or require that the configuration of the dedicated land be modified to an acceptable form.
(2) Upon approval of a final plat of subdivision or a final plan for a PUD by the City Council, and the granting of all other required approvals of such plat or plan, land shown on the plat or plan as dedicated to or reserved for public use, including street dedications, shall be deemed accepted by the city for the purpose(s) designated thereon.
(3) Dedication of land for park and recreation use shall be governed by the provisions of the city's Comprehensive Plan and the subchapter entitled "Land Dedication for Park, Open Space and Recreation Purposes" of this chapter.
(C) Vacation of a plat of subdivision. Any plat or any part of a plat may be vacated by the owner of the premises at any time before the sale of any lot therein, by a written instrument declaring the plat to be vacated, and a copy of such plat shall be attached to such instrument. If there are public service facilities in the highways, streets and other public ways, and in easements shown on the plat, the instrument shall reserve to the city or public utility owning such facilities, the property, rights-of-way and easements necessary for continuing public service by means of those facilities, and for the maintenance, renewal and reconstruction of such facilities. Such an instrument shall be approved by the City Council prior to its recordation in the same manner as plats of subdivision. The City Council may reject any such instrument which abridges or destroys any public rights in any of its streets and other public rights-of-way. Such an instrument shall be executed, acknowledged or proved, and recorded or filed, in the same manner as plats of subdivision. Once recorded or filed, the instrument operates to destroy the force and effect of the recording of the plat vacated, and to divest all public rights in the streets, and other public rights-of-way, and all dedications laid out or described in such plat, and to render effective any reservation set forth in the instrument as provided in this division. When lots have been sold, the plat may be vacated in the manner herein provided by the owners of lots in such subdivision joining in the execution of such writing.
(D) Approval of a lot split, lot reconfiguration or lot consolidation. Notwithstanding the provisions set forth in the divisions above, a lot split, lot reconfiguration or lot consolidation may be permitted upon review and recommendation by the Planning and Zoning Commission. The following procedure shall be required:
(1) The owner or owners of any lot or lots may apply for a lot split, lot reconfiguration or lot consolidation for said lot or lots without complying with all of the regulations of this chapter, by submitting a petition therefor to the Administrator substantially in the following form:
State of Illinois )
)SS
City of Oakbrook Terrace )
Before the Planning and Zoning Commission of City of Oakbrook Terrace
In the Matter of
Subdivision No.
1. That is the owner of record of the following described property:
2. (If there are beneficial owners) That are the beneficial owners of said property in the following proportions.
3. The final plat of said subdivision was recorded in the Recorder of Deeds Office of the County of DuPage on the day of , 2 , as Document No. .
4. That a plat of survey for the lot split, lot reconfiguration or lot consolidation is attached hereto as "Exhibit A", and such plat has been duly attested by a registered land surveyor, contains all certifications required by law, and is in an appropriate condition to be recorded, except for the signatures required from the city.
5. That the plat of survey for the lot split, lot reconfiguration or lot consolidation contains no additional public rights-of-way, and no public rights-of-way are vacated therein.
(Verification)
(Jurat)
(2) Final disposition.
(a) The Planning and Zoning Commission shall review the plat of survey, the Administrator's review for zoning compliance and the City Engineer's review for environmental impact, including stormwater management. The Commission shall then make a recommendation to the City Council that it grant or deny approval of the lot split, lot reconfiguration or lot consolidation, or grant approval subject to specified modifications or conditions, including the Commission's findings as to items 1 through 5 of the petition as set forth in subdivision (1) of this division.
(b) The City Council shall consider the recommendation of the Planning and Zoning Commission, and shall grant or deny approval of the final plat or grant approval subject to specified conditions.
(Ord. 08-19, passed 9-9-08)
(A) Streets. All dedicated streets abutting upon or within subdivided properties or properties developed under an approved PUD shall be constructed, by the subdivider or developer, at its own expense, in accordance with the specifications established in the "City of Oakbrook Terrace Subdivision and Public Improvement Standards".
(1) General considerations. Streets shall be designed and located in relation to existing and planned streets, to topographical conditions and natural terrain features such as streams and existing tree growth, to public convenience and safety, and in appropriate relation to the proposed uses of land to be served by such streets.
(2) Arrangement.
(a) All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated rights of way as established in the city's Comprehensive Plan.
(b) All arterial and major collector streets shall be properly related to special traffic generators, such as businesses, schools, churches, and shopping centers; to population centers; and to the pattern of existing and proposed land uses.
(c) Minor collector and local streets shall be laid out to conform as much as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.
(d) A rigid rectangular gridiron street pattern need not necessarily be adhered to, and the use of curvilinear streets shall be encouraged where they will result in more desirable layout.
(e) Proposed streets shall be extended to the boundary lines of the tract to be subdivided or developed, unless prevented by topography or other physical conditions, or unless in the opinion of the Planning and Zoning Commission, based on the recommendation of the City Engineer, such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or most advantageous future development of adjacent tracts.
(f) In business subdivisions or PUD's, the streets shall be planned in connection with the grouping of buildings and truck loading and maneuvering areas, so as to minimize conflicts of movement between the various types of traffic.
(3) Access to arterial or major collector streets. Where a subdivision or PUD borders on or includes an existing or proposed arterial or major collector street, the City Council may require that access to such streets be limited by one of the following means:
(a) The subdivision of lots so as to back onto the arterial or major collector street and front onto a parallel minor collector or local street, so that no access is provided from the arterial or major collector street, with landscaped screening provided along the rear lot lines of such lots;
(b) A series of cul-de-sacs, U-shaped streets, or short loops, which enter from and are designed generally at right angles to the arterial or major collector street; or
(c) A frontage street, separated from the arterial or major collector street by a landscaped or grass strip, with suitable access points.
(d) The number of minor collector and local streets entering an arterial or major collector street shall be kept to a minimum.
(4) Street intersections.
(a) Streets shall generally be designed to intersect approximately at right angles, and no more than two streets shall intersect at any one point. No intersection of two new streets shall be designed or constructed at an angle of less than 75 degrees.
(b) Proposed new intersections along one side of an existing street shall, whenever practicable, coincide with any existing intersections on the opposite side of an existing street. No street jogs with center line offsets of less than 150 feet shall be permitted. Where streets intersect arterial or major collector streets, their alignment shall be continuous.
(5) Private streets.
(a) The City Council may, in its discretion, approve the construction, maintenance and use of private streets within subdivisions and PUD's, and may allow access to lots therein by means of such private streets. The following standards shall apply to the construction, maintenance and use of private streets within the city:
1. All private streets shall conform to all design standards as provided under this code for public streets.
2. All private streets shall feature street signs substantially similar in size, lettering and placement as the street signs required for public streets within the city.
(b) A performance guarantee shall be provided to the city by the subdivider or developer for the completion of the private streets and associated improvements, in the same manner as provided in this chapter for the completion of construction of the public improvements in a subdivision or PUD.
(c) The subdivider or developer shall record a declaration of covenants, conditions and restrictions with respect to the subdivision, in a form acceptable to the city's corporation counsel. Such declaration shall include the following:
1. The establishment of an owners' association, which shall have the obligation to maintain the private streets; have the right and obligation to impose assessments against the lots within the subdivision or PUD for the purpose of maintaining the private streets; and have the right and obligation, pursuant to ILCS Ch. 625, Act 5, § 11-209.1, to file a written request to have the city provide parking and traffic enforcement on the private streets.
2. A prohibition against any amendment to such declaration that would affect the requirements under this division, without the written consent of the city.
(B) Sidewalks, pedestrianways and bike paths.
(1) Except for the Elmhurst Countryside Subdivision, as defined herein, sidewalks shall be constructed in all subdivisions and PUD's, by the subdivider or developer, at its own expense, in locations and in accordance with the specifications established in the "City of Oakbrook Terrace Subdivision and Public Improvement Standards".
(2) Bike paths may be constructed in a subdivision or PUD only with the City Council's approval thereof as part of the approval of the subdivision plat or PUD plan approval, in accordance with the specifications established in the "City of Oakbrook Terrace Subdivision and Public Improvement Standards".
(C) Street lighting. Except for the Elmhurst Countryside Subdivision, as defined herein, street lights shall be installed in all subdivisions and PUD's, by the subdivider or developer, at its own expense, in locations and in accordance with the specifications established in the "City of Oakbrook Terrace Subdivision and Public Improvement Standards".
(D) Street trees. Street trees shall be planted in all subdivisions or PUD's, by the subdivider or developer, at its own expense, in locations and in accordance with the specifications established in the "City of Oakbrook Terrace Subdivision and Public Improvement Standards".
(E) Street names and signs. Street signs shall be installed in all subdivisions or PUD's, by the subdivider or developer, at its own expense, in locations and in accordance with the specifications established in the "City of Oakbrook Terrace Subdivision and Public Improvement Standards". No street name shall be used if it would duplicate or be confused with the names of existing streets, and all street names shall be subject to the approval of the City Council.
(F) Water supply. All subdivisions and PUD's within the city shall have an interconnected water distribution system supplying all lots with water from the city's water system or some other public water system if the city's water system is not reasonably available. A subdivision outside of the city's corporate limits may be supplied with water from individual wells located on each lot, provided that such water supplies are approved by the DuPage County Health Department. The required water distribution system shall be constructed by the subdivider or developer, at its own expense, in accordance with the specifications established in the "City of Oakbrook Terrace Subdivision and Public Improvement Standards".
(G) Sanitary sewer system. All subdivisions and PUD's within the city shall have a system of sanitary sewers, which shall serve each lot and be connected to the appropriate public sanitary sewer system. The subdivider or developer shall construct such system, at its own expense, in accordance with the requirements of the appropriate public sanitary sewer system. A subdivision or PUD outside of the city's corporate limits may have sewage disposal facilities on individual lots; provided that such sewage disposal facilities are approved by the DuPage County Health Department.
(H) Storm water management.
(1) All subdivisions and PUD's within the city shall have a storm water management system, which shall be constructed, at the subdivider's or developer's own expense, in accordance with the requirements of Chapter 152 of this code.
(2) Lots shall be laid out so as to provide drainage away from all buildings, and drainage for each individual lot shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed to avoid concentration of storm water on adjacent lots.
(I) Variations and waivers. Variations and waivers of the requirements of this section may be granted by the City Council in accordance with § 159.06(D) of this chapter.
(Ord. 08-19, passed 9-9-08)
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