A. Definitions: As used in this section:
LAND PROPOSED TO BE SUBDIVIDED: Includes land proposed to be developed pursuant to a Large Scale Plan.
SUBDIVISION AND SUBDIVIDE: Include not only the division of a tract into lots, but also development of a single tract pursuant to a Large Scale Plan.
SUITABLE FOR SUBDIVIDING: Includes suitability for development pursuant to a Large Scale Plan.
B. Essential Utilities And Public Services: Land proposed to be subdivided, shall have essential utilities and public services available within a reasonable distance and time period. Land to which these essential utilities and services will not be so provided shall be deemed unsuitable for subdividing. Essential utilities and services and criteria for determining if they can adequately be provided shall include the following:
1. Sewage Disposal:
a. Sanitary sewer service provided by the Village shall be the preferred method of sewage disposal. If sanitary sewer service is currently available to the land proposed to be subdivided, it shall be the sewage disposal method used.
b. If sanitary sewer service is not currently available, the land may be deemed suitable for subdividing if:
(1) Sanitary sewers shall be installed by the subdivider for future service to each building site;
(2) On-site sewage disposal facilities can and will be provided; and
(3) The subdivider pays the cost to the Village for extension of Village sewer mains to the subdivision.
c. The Village may, but is not required to, share with the developer the cost of extending sewer lines.
d. For industrial developments, the Large Scale Plan submission will contain an assessment of probable effluent quantity and quality, and whether pretreatment will be required.
2. Water Supply:
a. The Village water supply shall be the preferred public water supply. For developments outside the Village corporate limits and within the Village's 1.5 mile planning jurisdiction, the Otter Lake Water Commission, ADGPTV is the preferred public water supply. No subdivision will be approved utilizing any public water supply other than the Village or the Otter Lake Water Commission, ADGPTV, unless the developer can prove that the preferred public water supply is unavailable or inadequate, or the Village by ordinance or resolution waives this requirement due to: 1) the infeasibility of the Village or Otter Lake Water Commission providing water to the development, or 2) an intergovernmental agreement between the Village and another public water supply regarding supply of water to the development.
b. Private wells may be permitted for developments outside the Village if the developer can demonstrate that it is not feasible to extend water mains to the land proposed to be subdivided. As a minimum guideline, the extension of one hundred twenty feet (120') of water main per lot of the preliminary plan, or per acre of an industrial large scale development, shall be deemed feasible. This distance shall be measured between the nearest suitable public water main and the proposed development. Mains within the development shall not count toward this extension footage.
3. Fire Protection: Land proposed to be subdivided shall meet the following conditions in order to be deemed suitable for subdividing:
a. Land shall be within a fire protection district or a petition to annex to a district shall have been filed;
b. There shall be a public road providing adequate access for emergency vehicles to the site. Roadways shall have an all- weather driving surface (minimum oil and chip) with twenty feet (20') of unobstructed width. Where a bridge is required to be used as a part of the most direct fire truck access route, it shall have a minimum vertical clearance of thirteen feet six inches (13'6") and be constructed and maintained to carry the live loads imposed by fire trucks;
c. There shall be a system of water mains or other source of water adequate for firefighting purposes. Specific fire flows shall be determined by the Pawnee Fire Protection District using a standard published by the Insurance Service Office entitled Guide for Determination of Required Fire Flow; and
d. A full sprinkler system installed with adequate water available as determined by the National Fire Protection Association Standards 13 or 13D depending on the occupancy of the building shall also satisfy this requirement.
4. Streets: The suitability of existing streets for access to the proposed subdivision and/or for incorporation into the proposed subdivision's street system shall also be considered. For residential developments, a street shall be considered suitable if:
a. The street is constructed of all-weather material (concrete, asphalt, oil mat);
b. The paved area is at least twenty feet (20') wide with a road bed twenty four feet (24') wide; and
c. The street has good drainage.
For commercial and industrial projects, the developer shall provide a certificate from a registered professional engineer that streets providing access to the development both during construction and afterward, and the streets within the development, are suitable.
If only a portion of the criteria set forth in this subsection B4 is met, the Village Engineer, a representative of the Pawnee Fire Protection District and a representative of the Plan Commission shall make the recommendation as to whether the street is suitable for the proposed development or what improvements must be undertaken to make it suitable.
5. Police Protection: In determining the suitability of land for subdivision purposes, the distance that police would have to travel to respond to a call for service shall be considered.
C. Other Requirements: Land proposed to be subdivided shall meet the following requirements:
1. Site must be in conformance with the Pawnee Comprehensive Plan, if such a plan is adopted.
2. Development must not be located in a 100-year floodplain or flood prone area, and shall comply in all respects with the Village floodplain ordinance 1 or successor ordinance.
3. Development must not be located in an environmentally sensitive area and its tributaries unless the subdivider can show that environmental concerns can be mitigated.
4. Site must be of a shape, size and terrain so that usable lots and streets in conformance with this title can and will be created.
5. Development must not have a major conflict with existing use of adjacent property (wastewater treatment plants, power plants, major industrial plants, landfills, certain agricultural uses, etc.) unless it is shown that factors which cause the conflict can and will be mitigated.
6. Development must not cause major off-site impacts and problems relating to, but not limited to, streets, drainage water system, parks. If it is determined by the Plan Commission that major off-site impacts will result, the subdivider must agree to mitigate the portion of the impact caused by the subdivision.
7. When soils in the area to be developed have severe limitations for building site development or sanitary facilities as determined by the USDA Soil Conservation Service, the subdivider shall submit information indicating how these limitations will be addressed.
8. For industrial projects, developer must submit a noise study and a certification by a registered professional engineer with demonstrated competence in acoustical engineering, that the project as designed will meet all Illinois EPA noise regulations, including but not limited to the Sound Emission Standards established in title 35, part 901 of the Illinois Administrative Code. (Ord. 17-14, 8-14-2017)
Notes
| 1 | 1. See title 11, chapter 1 of this Code. |