(A) A detailed grading plan shall be submitted to the city for any lot within a subdivision without a master grading plan prior to the issuance of a building permit for a new home or addition. The detailed grading plan shall be signed and sealed by a professional engineer registered to practice in the State of Illinois. The plan shall show the site plan requirements on file at the Building Department.
(B) The detailed grading plan shall comply with the following.
(1) Unless easements are granted for work on adjacent property, the new grading must meet the existing grades at the side and rear property lines.
(2) There shall be a drainage swale along the side yard that has a slope of at least 1½%. A SWALE is defined as a shallow ditch with slide slopes formed by the grading away from the building foundation. If a drainage swale is not present, one must be constructed as part of the engineering improvements for the lot. Unless permission is granted by an adjacent property owner, the new swale shall be built entirely on the lot for which there has been an application for a building permit.
(3) All yards shall have a design drainage pattern with a minimum slope of 1½%.
(4) If the minimum slope requirements cannot be met for yards, drainage inlets shall be constructed. The inlet(s) shall be connected to a public storm sewer or outlet to a public drainage facility.
(C) Prior to the issuance of a building permit for a new single- or two-family home or large room addition, as defined in § 151.002(B), the individual lot grading plan shall show the following requirements unless otherwise waived by the City Engineer:
(1) There shall be dedicated public utility and drainage easements of not less than ten feet in width for poles, wires, conduits, storm or sanitary sewers, gas, cable TV, water or other utility pipes or lines along the rear of each lot, and five feet alongside one interior side lot line where necessary. The easements shall be laid out so that a proper continuity may be developed for the utilities from lot to lot and block to block.
(2) Subject to the provisions of the city’s driveway regulations, driveways may be permitted to encroach within any easement located within any front or corner side yard building setback area parallel to the public right-of-way or public street.
(3) No buildings, driveways or structures shall be constructed within any interior side or rear lot line easements.
(4) At the city’s discretion, encroachments into a dedicated public utility or any other easement granted to the city may be permitted for the construction of buildings, driveways or structures including brick, stone or masonry walls or fences; or structures which are wired for electricity, where:
(a) A written encroachment agreement approved by the City Administrator is executed by the owner of the property; and/or
(b) A building permit for the proposed construction is issued by the city’s Building Department. Those permits shall be issued only after approval of complete plans for the construction by the Department of Public Works.
(5) At the city’s discretion, encroachments into a dedicated public utility or any other easement granted to the city may be permitted for the construction and installation of a fence that provides clearance in the direction of flow for drainage of the width of the easement in the amount of 50% opaque to the height of 12 inches or 100% at a height of six inches, provided a fence permit for the proposed construction is issued and all required fees are paid to the city. Where any easement is designated for drainage or storm water purposes, a fence permit shall be issued only after approval by the Building Department.
(6) Any encroachment permitted by this section shall not be construed as a waiver of any of the other requirements of this code, including, without limitation, the zoning code, the subdivision regulations or the building codes.
(7) Under no circumstances shall the city be liable to any property owner or third party for any damage to real or personal property or personal injury that may result from or arise out of the construction of any encroachment permitted by this section. The permitted encroachments shall be subject to the conditions that:
(a) The encroaching structure shall not abrogate or nullify the city’s rights and interests in and to the easement of record;
(b) The property owners shall retain all of the risks and liability associated with the encroaching structure on a dedicated public utility and drainage easement or any other easement granted to the city, including, without limitation, the risk that in an emergency the city may remove the encroaching structure without any prior notice to the property owners;
(c) The property owners shall be solely responsible for the city’s cost to remove the encroaching structure to gain access to any of its public utilities in the easement for any purpose;
(d) The city shall not be responsible for any costs incurred by the property owner to repair or replace the encroaching structure if it is damaged or destroyed by the city for public utility purposes; and
(e) The property owners shall hold harmless, indemnify and defend the city from and against any and all liability, claims, demands and causes of action arising out of or related to any loss or injury, death, or loss or damage to property resulting from the city’s use of any easement for any of its intended purposes or the property owner’s construction of or use of the encroaching structure.
(Ord. 2008-02-0158O, passed 3-11-2008; Am. Ord. 2011-02-0329O, passed 2-22-2011)