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§ 159.08 GENERAL REQUIREMENTS AND PRINCIPLES.
   (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)
§ 159.09 PUBLIC IMPROVEMENTS.
   (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)
§ 159.10 GUARANTEES FOR PUBLIC IMPROVEMENTS; INSPECTION; ACCEPTANCE.
   (A)   Guarantee of completion and compliance. For all subdivisions and PUDs, guarantees shall be provided to the city to assure that any public improvements required by § 159.09 this chapter shall be completed in compliance with the requirements thereof. Such guarantees shall be instruments of credit in the form provided for in division (C) of this section.
   (B)   Submittal of engineer's cost estimate. A detailed estimate of the costs for all public improvements required by § 159.09 this chapter shall be submitted to the Administrator for review and approval by the City Engineer. The estimate shall include a line item accounting of all public improvement costs, based on current costs for materials and labor. The approved engineer's cost estimate shall be used to determine the amount of the required instrument of credit.
   (C)   Instruments o f credit.
      (1)   Submittal of instruments of credit. The subdivider or developer shall submit to the Administrator a cash bond, an irrevocable letter of credit, a surety bond or a letter of commitment equal to 110% of the amount of the bid for the required public improvements. However, the city may not require a cash bond, irrevocable letter of credit, surety bond, or letter of commitment issued by a bank, savings and loan association, surety, or insurance company from a subdivider or developer to guarantee completion of a project improvement when the builder or developer has filed with the city clerk a current, irrevocable letter of credit, surety bond, or letter of commitment issued by a bank, savings and loan association, surety, or insurance company, deemed good and sufficient by the municipality accepting such security, in an amount equal to or greater than 110% of the amount of the bid on each project improvement. The city shall (i) register the cash bond, irrevocable letter of credit, or surety bond under the address of the project and the construction permit number and (ii) give the subdivider or developer a receipt for the cash bond, irrevocable letter of credit, or surety bond. The city shall establish and maintain a separate account for all cash bonds received from subdividers and developers to guarantee completion of a public improvements. Such instrument of credit shall be subject to the approval of the city's Corporation Counsel and Engineer, which approval shall be subject to the following conditions:
         (a)   For letters of credit and letters of commitment, the lending institution shall be acceptable to the Administrator.
         (b)   For surety bonds, the surety or insurance company shall be authorized by the Illinois Department of Insurance to sell and issue sureties in the State of Illinois.
         (c)   The letter of credit, surety bond or letter of commitment shall provide that it shall not be canceled without the prior written consent of the Administrator and shall not require the consent of the subdivider or developer prior to any draw by the Administrator.
         (d)   The letter of credit surety bond or letter of commitment shall include a guarantee that, and the cash bond shall be held until, all required public improvements shall be completed by the subdivider or developer not later than 24 months from the date of the recording of the plat or the issuance of a building permit, whichever occurs first.
      (2)   If at any time the letter of credit, surety bond or letter of commitment is due to expire within 45 days or less, and has not been renewed, the Administrator may, upon a determination that any required public improvements have not been satisfactorily completed by the subdivider or developer call and draw on the letter of credit, surety bond or letter of commitment without notice to the subdivider or developer, and without being required to take any further action of any nature whatsoever. Thereafter, the Administrator may either hold all proceeds from the letter of credit, surety bond or letter of commitment as security for the satisfactory completion of all required public improvements or use the proceeds to complete all such improvements and reimburse the city for any and all costs and expenses incurred by the city to complete such improvements, including legal fees and administrative costs.
      (3)   If at any time the Administrator determines that the funds remaining in the cash bond, letter of credit, surety bond or letter of commitment are not, or may not be, sufficient to pay in full the remaining unpaid cost of required public improvements then, within ten days following a demand by the Administrator, the subdivider or developer shall increase the amount of the cash bond, letter of credit, surety bond or letter of commitment to an amount determined by the Administrator to be sufficient to pay such unpaid costs. Failure to so increase the amount of the security shall be grounds for the Administrator to draw the entire remaining balance of the cash bond, letter of credit, surety bond or letter of commitment.
      (4)   If at any time the Administrator determines that the lending institution issuing the letter of credit or letter of commitment is no longer acceptable to the city or is in danger of being unable to honor the letter of credit or letter of commitment at any time during its tenn or the surety or insurance company issuing the surety bond is no longer authorized by the Illinois Department of Insurance to sell and issue sureties in the State of Illinois, the Administrator shall have the right to demand that the subdivider or developer provide a letter of credit or letter of commitment from a bank satisfactory to the Administrator, or a surety bond issued by a surety or insurance company authorized by the Illinois Department of Insurance to sell and issue sureties in the State of Illinois or may draw on the letter of credit or letter of commitment or declare a default under the bond in the Administrator's discretion. Any replacement letter of credit, letter of commitment or surety bond shall be deposited with the Administrator not later than ten days following such demand. Upon such deposit, the Administrator shall surrender the original letter of credit, letter of commitment or surety bond to the developer.
      (5)   The Administrator may, from time to time, authorize the release of some portion of the funds remaining in the cash bond, letter of credit, letter of commitment or surety bond as required public improvements are satisfactorily completed: provided, however, that no more than 75% of the funds remaining in the cash bond, letter of credit, letter of commitment or surety bond may be released by the city until such time as a public improvements have been fully completed and accepted by the City Council.
      (6)   Failure to complete. If the subdivider or developer fails or refuses to satisfactorily complete all required public improvements within the specified time periods, or in any way fails or refuses to meet fully its obligations under this chapter, the Administrator shall have the sole authority to draw on and retain all or any of the funds remaining in the cash bond, letter of credit, letter of commitment or surety bond. Thereafter, the Administrator shall have the further right to take any action deemed reasonable and appropriate to mitigate the effects of such failure or refusal. The proceeds of the cash bond, letter of credit, letter of commitment or surety bond shall be utilized to pay for all costs and expenses, including legal fees and administrative expenses, resulting from or incurred as a result of the subdivided or developer's failure or refusal to satisfactorily complete the required public improvements and fully meet its obligations under this chapter. If the funds remaining in the cash bond, letter of credit, letter of commitment or surety bond are insufficient to cover all such costs and expenses and to maintain an amount in the cash bond, letter of credit, letter of commitment or surety bond, sufficient to guarantee any remaining improvements or obligations during the entire time such cash bond, letter of credit, letter of commitment or surety bond should have been maintained by the subdivider or developer, then the subdivider or developer shall, upon demand of the Administrator, immediately increase the balance remaining in the cash bond, letter of credit, letter of commitment or surety bond and deposit such cash bond, letter of credit, letter of commitment or surety bond, with the Administrator, or the Administrator may initiate such remedies as are available to the city to collect any additional costs.
      (7)   Extension of instrument of credit. The Administrator, upon written proof of the subdivider's or developer's difficulty in satisfactorily completing the required public improvements in a timely manner, shall have the authority to grant one extension of the cash bond, letter of credit, surety bond or letter of commitment, not to exceed six months. The City Council may, upon written proof of such difficulty, grant additional extensions of the cash bond, letter of credit, surety bond or letter of commitment.
   (D)   Inspection of improvements.
      (1)   All materials and each part or detail of the required public improvements shall be subject, at all times, to inspection by the city or its authorized representatives, and the subdivider or developer shall be held strictly to the true intent of the specifications for such improvements as to quality of materials, workmanship and the diligent execution of the improvements. The city's inspections may include, but are not limited to, mill, plant or shop inspections, and any material provided shall be subject to such inspections. The city shall be allowed access to all parts of the subdivision or PUD, and shall be furnished with such information and assistance from the subdivider or developer as may be required to make a complete and detailed inspection.
      (2)   All required public improvements that have been rejected shall be repaired or removed and replaced in an acceptable manner by the subdivider or developer at its own expense. Upon any failure on the part of the subdivider or developer to comply with any order of the city made under the provisions of this chapter, the city shall, after giving written notice to the subdivider or developer, have the authority to cause defective improvements to be repaired or removed and replaced, and to draw on the letter of credit for the cost thereof or otherwise charge such costs to the subdivider or developer.
   (E)   Final acceptance of public improvements. Upon satisfactory completion of all required public improvements in the subdivision or PUD, the subdivider or developer shall notify the Administrator and City Engineer, in writing, that all such improvements have been satisfactorily completed and that final inspection thereof is requested. The subdivider or developer shall also forward to the Administrator two copies of as-built drawings showing all such improvements. Final inspection shall be made by the City Engineer and the subdivider or developer. When the final inspection shows that the required public improvements have been completed in a satisfactory and workmanlike manner, and substantially in accordance with the approved plans and specifications, the City Engineer shall so report to the City Council or such other governmental agency as may be applicable, in writing, and shall recommend that the required public improvements be accepted by the city or such other governmental agency. Upon the city's acceptance of improvements, the subdivider or developer shall execute a bill of sale conveying ownership and title to the required public improvements to the city, and the Mayor and City Clerk shall execute such bill of sale as evidence of the city's acceptance of such public improvements. Upon acceptance of improvements by any other governmental agency as may be applicable, the subdivider or developer shall execute any documentation required by such governmental agency to convey ownership and title to the required public improvements. Any items found to be deficient during the inspection shall be identified to the subdivider or developer, and final acceptance shall be withheld pending correction of any deficiencies. Within 60 days after the subdivider or developer notifies the city in writing of the completion of the public improvements , the cash bond, letter of credit, letter of commitment or surety bond required in this division shall be released to the subdivider or developer, but only upon receipt of the guarantee required in division (F) of this section. For these purposes of this section, COMPLETION means that the city has determined that the public improvements for which the cash bond, letter of credit, surety bond or letter of commitment was required is complete or a licensed engineer or licensed architect has certified to the subdivider or developer and the city that the public improvements have been completed to the applicable codes and ordinances. The city shall pay interest to the subdivider or developer, beginning 60 days after the subdivider or developer notifies the city in writing of the completion of the public improvements, on any bond not refunded to the subdivider or developer, at the rate of 1% per month.
   (F)   Guarantee after completion and acceptance of public improvements.
      (1)   In order to ensure the satisfactory condition and function, operation and maintenance of the required public improvements after acceptance by the City Council or such other governmental agency as may be applicable, the subdivider or developer shall provide a cash bond, letter of credit, surety bond or letter of commitment equal to 10% of the estimated cost of the required public improvements. The cash bond, letter of credit, surety bond or letter of commitment shall generally comply with the requirements of this section for the initial cash bond, letter of credit, surety bond or letter of commitment, or in lieu of providing a new cash bond, letter of credit, surety bond or letter of commitment, the subdivider or developer may provide and the city may accept retention of 10% of the cash bond, letter of credit, surety bond or letter of commitment originally provided to guarantee construction of required public improvements. All required public improvements must be guaranteed by the developer or subdivider for a period of at least two years after final acceptance by the city or such other governmental agency as may be applicable. For public improvements not to be owned by the city or such other governmental agency as may be applicable, such guarantee shall be for a period of at least two years after approval of the record drawings. Any warranty that is still in effect on materials accepted by the city or such other governmental agency as may be applicable shall be submitted to the Administrator at the time of acceptance.
      (2)   The full balance of funds in the cash bond, letter of credit, surety bond or letter of commitment shall be released at the end of the 24-month guarantee period, if no defects in materials (including dead landscape materials), workmanship, or design have become apparent. If defects are found, the balance of funds remaining in the cash bond, letter of credit, surety bond or letter of commitment shall be released after any draw by the city to reimburse itself for any costs expended by the city to correct defective improvements upon the subdivider's or developer's failure to do so. An inspection of the function and condition of the improvements shall be conducted by the City Engineer in the twenty-second month of the guarantee period.
      (3)   Establishment of property owner's associations. In order to guarantee the continued maintenance of public, semi-public and privately owned common areas, stormwater management facilities, and other public or common areas, an association of property owners or other comparable administrative body shall be established. Such association shall be responsible for the perpetual maintenance of all such areas. A declaration of restrictions and covenants shall be prepared by the subdivider or developer to establish the property owner's association and to require perpetual maintenance of such areas and a means of funding such maintenance, and such declaration shall be subject to the review and approval of the city's corporation counsel.
(Ord. 08-19, passed 9-9-08; Am. Ord. 13-31, passed 6-11-13)
§ 159.11 OTHER DESIGN STANDARDS.
   (A)   On corner lots, no obstruction in a yard, including trees and shrubs, shall be higher than 18 inches above the street level if located in that portion of the yard within 25 feet of the corner formed by the intersection of any two street right-of-way lines; provided that, notwithstanding such height restriction, existing vegetation shall be allowed to remain unless it creates a hazard to pedestrian or vehicular traffic as determined by the Administrator in consultation with the Chief of Police, the Public Services Director and other consultants as deemed necessary and appropriate.
   (B)   Easements.
      (1)   Easements across lots or on the rear or side lot lines shall be provided for public and private utilities where required by the city or any other public entity. Such easements shall be at least ten feet wide on each lot where there are abutting lots. If there is no abutting lot, such easements shall be at least 20 feet wide. The location of such easements shall be established by coordination between developer and utility.
      (2)   Where a subdivision or PUD is traversed by a watercourse, drainage swale, channel, or stream, there shall be provided a storm water or drainage easement conforming substantially to the boundaries of such watercourse, drainage swale, channel or stream. Wherever possible, the drainage shall be maintained within an open channel, with landscaped banks, adequate to provide the maximum potential volume of flow.
   (C)   Blocks.
      (1)   Blocks shall have sufficient width to provide for two tiers of lots of appropriate depths. Exceptions may be permitted for blocks adjacent to a municipal boundary, a zoning district boundary, or arterial or major collector streets or waterways.
      (2)   The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated.
      (3)   Blocks in residential areas shall not be more than 2,000 feet or less than 400 feet in length.
      (4)   Wherever practicable, blocks along arterial and major collector streets shall not be less than 1,000 feet in length.
      (5)   Pedestrianways or crosswalks, not less than ten feet wide, may be required by the City Council through the center of blocks more than 800 feet long where deemed essential to provide circulation for or access to schools, playgrounds, shopping centers, transportation or other community facilities.
   (D)   Lots.
      (1)   In general, the size, shape and orientation of lots shall be appropriate for the location of the subdivision and for the use contemplated. Lot dimensions shall conform to the requirements of the city's zoning code.
      (2)   Depth and width of properties reserved or laid out for business purposes shall be adequate to provide for off-street parking and loading facilities as required in the city's zoning code for the use contemplated.
      (3)   If the City Council permits residential lots fronting on arterial or major collector streets, such lots shall be platted with extra depth so that the required building line is increased by an additional 20 feet.
      (4)   Lots in residential blocks that are improved with buildings used for business purposes shall be platted with a building line at least equal to the building line for the residential lots in that block, and shall comply with all applicable zoning requirements.
      (5)   Every lot shall front on or abut a street.
      (6)   Side lot lines shall be approximately at right angles or radial to street lines.
      (7)   Corner lots shall be provided with an additional 20 feet in width to permit the required building line from both streets.
      (8)   Through lots shall be avoided except where necessary to provide separation of residential development from arterial and major collector streets, or to overcome specific disadvantages of topography and orientation.
(Ord. 08-19, passed 9-9-08)
LAND DEDICATION FOR PARK, OPEN SPACE AND RECREATION PURPOSES
§ 159.20 DEDICATION OF LAND FOR PARK, OPEN SPACE AND RECREATION PURPOSES, OR CASH CONTRIBUTION IN LIEU THEREOF.
   As a condition of approval of a final plat of subdivision or a final plan for a PUD for any residential use, regardless of the zoning classification of the property to be developed, each subdivider or developer will be required to dedicate land for park, open space and recreation purposes that will serve the immediate and future needs of the residents of the subdivision or PUD, or to make a cash contribution in lieu of actual land dedication, or a combination of both, at the option of the city, in accordance with the criteria set forth in this subchapter.
(Ord. 08-19, passed 9-9-08)
§ 159.21 CRITERIA FOR REQUIRING LAND DEDICATION FOR PARK, OPEN SPACE AND RECREATION PURPOSES.
   (A)   Requirements and population ratio. The ultimate density of a proposed development for any residential use, regardless of the zoning classification of the property to be developed, shall bear directly upon the amount of land required for dedication. The total requirement shall be 5.5 acres of land per 1,000 of ultimate population. The required 5.5 acres may be allocated by the City Council, in its discretion, based upon the following criteria:
Types of Recreation Areas
Size Range
Minimum Acres per 1,000 People
(a)    Mini or vest pocket park
.20 acres
Not applicable
(b)    Playlot
.5 to 2.9 acres
.5
(c)    Neighborhood playground
3 to 4.9 acres
1.5
(d)    Neighborhood park and school
5 acres per elementary school to 6.9 acres per junior high school
Not applicable
(e)    Neighborhood park
7 to 14.9 acres
1.5
(f)    Playfield
15 to 40 acres or more
1.5
(g)    Regional community park
40 to 100 acres or more
4.00
 
   (B)   Location. The most desirable location for land dedication for park, open space and recreation purposes is a central location within the subdivision or PUD that will serve the entire subdivision or PUD equally. In large subdivisions or PUD's, such park, open space and recreation sites may be located throughout the subdivision or PUD, and shall meet established standards for the appropriate distances between park, open space and recreation areas as set forth in Recreation Park and Open Space Standards and Guidelines. Additional guidelines for consideration in locating park, open space and recreation sites include, but are not limited to, the size of the subdivision or PUD; the proximity of a proposed site to other parks, open spaces, recreation areas, schools and municipal services; and the topography and shape of the proposed site.
   (C)   Credit for private park, open space and recreation areas. As the provision of private park, open space and recreation areas has the effect of reducing the demand for public parks, open spaces and recreation areas, consideration may be given to reducing the required land dedication or contribution for park, open space and recreation purposes by the substitution of private park, open space and recreation areas. The extent to which private park, open space and recreation areas may be substituted shall be determined by the City Council, based on the following standards:
      (1)   The extent to which the substituted private park, open space and recreation sites substantially conform with the total park and recreation land requirements for the general area as identified in the city's Comprehensive Plan.
      (2)   Whether the subdivider or developer has provided guarantees, by the execution of appropriate legal documents, to assure permanent and ongoing maintenance of the private park, open space and recreation areas.
(Ord. 08-19, passed 9-9-08)
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