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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLOCK. A tract or parcel of land bounded by public streets or lands, streams, railroads, unplatted lands, or a combination thereof.
BUILDING LINE. A line parallel or nearly parallel, to either the street line or the lot line not abutting the street and at a specified distance from the street or lot line which marks the minimum distance from either line that a building may be erected. In the case of a cul-de-sac, the BUILDING LINE shall be measured around the curvature of the street line.
BUILDING OFFICIAL. The person or persons designated by the governing body to administer this chapter, whether such person or persons by entitled Building Official, Building Inspector, Administrative Official, or Zoning Administrator.
COMMON OPEN SPACE. The undivided land in a subdivision which may be jointly owned by all property owners of the subdivision, for the benefit of the owners of the individual building sites of said development.
COMMON SEWER SYSTEM. A sanitary sewage system in public ownership which provides for the collection and treatment of domestic effluent in a central sewage treatment plant which meets the minimum requirements of the State Department of Environmental Quality for primary and secondary sewage treatment and which does not include individual septic tanks or portable sewage treatment facilities.
COMMON WATER SYSTEM. A water system which provides for the supply, storage, and distribution of potable water on an uninterrupted basis which is in public ownership.
COMPREHENSIVE PLAN. The long range development plan adopted by the Board of Trustees.
COVENANT. Written promise or pledge.
CULVERT. A transverse drain that channels water under a bridge, street, or driveway.
EASEMENT. A grant by property owner to the public, a corporation, or persons of the use of a tract of land for a specific purpose.
ENGINEER. One, licensed by the state, designated by the Board of Trustees to act for the village.
FRONTAGE. The length of the property abutting on one side of a street measured along the dividing line between the property and the street.
GREEN AREA. See COMMON OPEN SPACE.
IMPROVEMENT. Street pavement or resurfacing, curbs, gutter, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open spaces, and parking required by this chapter and fronting upon a street.
LOT, CORNER. A lot abutting upon two or more streets at their intersection.
LOT, INTERIOR. A lot other than a corner lot which has frontage on one street only.
LOT, THROUGH. A lot other than a corner lot fronting on more than one street.
LOT OF RECORD. A tract of land described as an integral portion of a subdivision plat which is properly recorded in the office of the County Clerk.
MONUMENTS. Permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners, and points of change in street alignment.
OUT LOT. Property shown on a subdivision plat outside of the boundaries of the land which is developed and which is to be excluded from the development of the subdivision.
PARKING SPACE, OFF-STREET. An area, enclosed or unenclosed, sufficient in size to store one automobile, together with a driveway connecting the parking space with a street or alley and permitting ingress and egress.
PEDESTRIAN WAYS. A tract of land dedicated to public use, which cuts across a block to facilitate pedestrian access to adjoining streets and properties.
PLANNED DEVELOPMENT. Special development of certain tracts of land, planned and designed as a unit for one or more land uses under rules and procedures contained in this chapter.
PLANNING AREA. The statutory zoning jurisdiction of the village.
PLANNING COMMISSION. The appointed planning body designated by the Board of Trustees.
PLAT. Map, drawing, or chart upon which the developer’s plan of subdivision (preliminary) is presented to the Board of Trustees for approval and, after such approval, to the appropriate County Clerk for recording.
PLOT. A parcel of ground.
PUBLIC WAY. An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk, or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features such as grade separation, landscaped areas, viaducts, and bridges.
SETBACK LINE. A line, as shown on a record plat or otherwise established by the Board of Trustees, beyond which no part of a main exterior wall of a building or structure may project.
SEWERS, ON-SITE. A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
STREET. A public or private thoroughfare including avenues, which affords principle means of access to abutting property.
SUBDIVIDER. The owners, developers, or agents of persons or corporations affecting subdivision.
SUBDIVISION. The division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership, building development, or, if a new street is involved, any division of a parcel of land. The term includes resubdivision, and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
SURVEYOR. Any person registered in the state to practice surveying.
THOROUGHFARE, STREET, or ROAD. The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows.
(1) ALLEY. A dedicated public right-of-way, other than a street, which provides only a secondary means of access to abutting property.
(2) ARTERIAL STREET. A street which provides for through traffic movement between and around streets with direct access to abutting property, subject to necessary control of entrances, exits, and curbs use.
(3) COLLECTOR STREET. A street which provides for traffic movement between arterials and local streets, with direct access to abutting property.
(4) CUL-DE-SAC. A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
(5) DEAD-END STREET. A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(6) LOCAL STREET. A street which provides direct access to abutting land and local traffic movement, whether in business, industrial, or residential land.
(7) MARGINAL ACCESS STREET. A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. (Also called “frontage street” or “service road”).
VICINITY MAP. A drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the village, in order to better locate and orient the area in question.
WALKWAY. See SIDEWALK.
ZONE or DISTRICT. A section of the zoning area for which uniform regulations governing the use, height, area, size and intensity of the use of buildings, land, and open spaces about buildings, are established.
(Ord. passed 8- -2010)
(A) Plat submission requirements. The subdivider shall submit to the Village Clerk 11 copies of the preliminary plat and supplemental material specified, with written application for conditional approval, at least ten days prior to the regular meeting of the Planning Commission at which the request will be heard.
(B) Fees. Fees are set by the Board of Trustees.
(C) Scale and preliminary plat contents. Preliminary plats shall be a scale of one inch to 100 feet, or 1" = 200' if 75% of the lots are one acre or larger, and shall be prepared with the following information:
(1) Name, location, acreage, owner, and designer of subdivision with legal description as shown by land records;
(2) Present zoning;
(3) Date, north point, and graphic scale;
(4) Location of property lines, roads, existing utilities with size of lines, and other underground installations and easement;
(5) Names of adjoining properties or subdivisions;
(6) Proposed utility system, including water, sewer, and paving;
(7) Dimensions, lot lines, except that in industrial type subdivisions, lot lines may be excluded;
(8) Location of proposed drainage;
(9) Contours at five feet intervals at 1" = 200' scale;
(10) Proposed improvements and grading concepts;
(11) Location of existing buildings; and
(12) Proposed easements, dedications, and reservations of land required.
(D) Notification of improvement schedule. Subdivider shall indicate by a letter when improvements as required will be provided; any proposed restrictive covenants for the land involved shall accompany the letter.
(E) Notification of County Planning Commission. The village shall notify the County Planning Commission of any proposed subdivision plat and provide the Commission with all available materials on the proposed plat, when such proposed plat lies partially or totally within the extraterritorial subdivision jurisdiction being exercised by that municipality in such county. The Commission shall be given four weeks to officially comment on the appropriateness of the design and improvements proposed in the plat. The review period shall run concurrently with subdivision review activities of the village after the Commission receives all available material for a proposed subdivision plat.
(F) Notification of school board. At least ten days prior to the Planning Commission meeting at which the preliminary plat is to be considered for approval, the Planning Commission shall submit a copy of the proposal to the school board of each school district which the proposed development affects, and shall notify the school board of the meeting date. Copies of the plat may be submitted to any other agency which may be affected.
(G) Approval or rejection. After review of the preliminary plat and negotiations with the subdivider, the Planning Commission shall reject or conditionally approve the preliminary plat, within 30 days after the official meeting at which the plat was considered.
(H) Recording of action. The action of the Planning Commission shall be noted on three copies of the preliminary plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider, one copy relayed to the Board of Trustees, and one copy retained by the Planning Commission.
(I) Approval is conditional. Approval of a preliminary plat shall not constitute approval of the final plat; it shall be deemed an expression of approval or conditional approval of the submitted plat, as a guide for the preparation of the final plat, which will be subject to further consideration by the Planning Commission and the Board of Trustees. Any conditional approval of the preliminary plat shall be effective for a period of one year unless an extension is granted by the Planning Commission.
(J) Installation of improvements for final plat approval. Following approval of the preliminary plat, the subdivider shall:
(1) Agree to install the required improvements;
(2) Sign an agreement, which shall be entered into only at the option of the village, thereby guaranteeing the installation of improvements; or
(3) Furnish a bond or enter into an escrow or security agreement approved by the Village Attorney in an amount sufficient to guarantee the installation of the required improvements.
(K) Final plat submission requirements. Final plats, showing entire concept, shall be submitted to the Village Clerk within one year of approval of the preliminary plat, unless an extension is granted by the Planning Commission. The final plat shall conform to the preliminary plat as approved and to the requirements of all applicable ordinances and state statutes; and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of this chapter.
(L) Scale and final plat contents. One original and two Mylar copies of the final plat and other exhibits required for approval shall be submitted. The final plat shall be drawn in ink on Mylar and shall be at a scale of one-inch to 100 feet or larger. The final plat shall show the following:
(1) Date, title, name, and location of subdivision;
(2) Streets and street names, lots, setback lines, lot numbers, and the like, except that in industrial type subdivision lot designation may be excluded;
(3) Graphic scale and north arrow;
(4) Monuments (ferrous) one-inch diameter, maximum, 30 inches length minimum;
(5) Dimensions, angles and bearings, and complete legal description of the property;
(6) Sufficient survey data to reproduce any line on the ground;
(7) Names of adjoining subdivisions;
(8) Location and dimensions of any easements;
(9) Purpose for which sites are dedicated or reserved, and the transfer of ownership of the same;
(10) Certification by surveyor as to accuracy of survey and plat;
(11) Certification signed and acknowledged by all parties holding title or having any title interest in the land subdivided and consenting to the preparation and recording of the plat as submitted;
(12) Certification recording the approval by the Planning Commission; and
(13) Certification recording the approval by the Board of Trustees and the acceptance of any dedications.
(M) Supplementary data required. The final plat shall be accompanied by construction plans of all required public improvements, approved by an engineer.
(N) Professional assistance. The Board of Trustees or the Planning Commission may request such professional assistance as it deems necessary to properly evaluate the plats submitted.
(O) Planning Commission recommendations. The Planning Commission shall reject or approve the final plat and have prepared a recommendation to the Board of Trustees recommending rejection or approval. All reasons for recommending rejection shall be clearly stated. Notification of approval or rejection by the Planning Commission or Board of Trustees shall be given the subdivider within 60 days after submission of the final plat to the Planning Commission.
(P) Administrative subdivision. In the event that a proposed subdivision does not involve the platting and dedication of streets, extension of utility systems, change in subdivision class and type, change in zoning district, change in surface drainage, and will not result in the creation of more than three lots of record, the subdivider may apply for administrative subdivision under the provisions of this section. The utilization of the administrative subdivision does not relieve the subdivider of its obligation to comply with §§ 152.07 and 152.08. The necessity of establishing and dedicating easements for utilities shall not bar the utilization of the administrative subdivision. The procedure for such application will be as follows.
(1) Application will be made to the Board of Trustees and the Board of Trustees may act or may at their option refer the application to the Planning Commission. In the event it is referred to the Planning Commission, the procedures outlined under the final plat provisions shall be followed.
(2) The subdivider shall submit an original and 11 copies of the plat. The original shall be drawn in ink on tracing cloth, Mylar, or similar material, and shall be at a scale of 1" to 100' or larger. The plat shall contain the following:
(a) Date, title, name, and location of the subdivision;
(b) Names and locations of abutting streets and lots identifying street names and lot and block numbers;
(c) Identification of the new lot and block numbers and set back lines;
(d) Graphic scale and true north point;
(e) Monuments;
(f) Dimensions, angles, and bearings and complete legal description of the property;
(g) Sufficient engineering data to reproduce any line on the ground;
(h) Location, dimensions, and purposes of any existing easements;
(i) Certification by surveyor or engineer certifying to the accuracy of the survey and plat; and
(j) Certification signed and acknowledged by all parties holding title or having any title interest in the land subdivided and consenting to the preparation and recording of the plat as submitted.
(3) The plat shall be accompanied by:
(a) Protective covenants in form for recording if such are desired by the subdivider;
(b) For subdivisions adjoining or touching the boundaries of the village corporate limits, a tract or area for which annexation proceedings have village commenced; and an approved subdivision which touches or adjoins the village corporate limits, a petition signed by the owner or owners requesting annexation to the village; and
(c) Utility easements signed by the owner or owners to permit all lots created access to all utilities available in the village, including, but not limited to, sanitary sewer, storm sewer, water, electrical, telephone, and cable television.
(Ord. passed 8- -2010)
(A) Streets. The arrangements, character, extent, width, grade, and location of all streets shall conform to the Comprehensive Development Plan and shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.
(B) Street extension. The street layout of the proposed subdivision shall provide for the continuation of appropriate projection of streets and alleys already existing in areas being subdivided. Where, at the determination of the Board of Trustees, it is desirable to provide street access to adjoining properties, proposed streets shall be extended by dedication to the boundaries of such properties. Where the Board of Trustees deems it necessary, such dead-end streets shall be provided with a temporary turnaround having a radius of at least 60 feet. The street system for the proposed subdivision shall provide for extending existing streets at the same or greater width, but in no case shall a street extension be of less width than the minimum width required in these regulations for a street in its category.
(C) Dedication of right-of-way for new streets. The dedication of right-of-way for new streets measured from lot line to lot line shall be as shown on the Comprehensive Development Plan. All streets classified as arterial streets by the Comprehensive Development Plan shall have all points of access approved by the Board of Trustees. Marginal access streets may be required by the Board of Trustees for subdivisions fronting on arterial streets.
(D) Dedication of right-of-way for existing streets. Subdivisions platted along existing streets shall dedicate additional right-of-way if necessary to meet the minimum street width requirements set forth in this chapter. The entire minimum right-of-way width shall be dedicated where the subdivision is on both sides of an existing street. When the subdivision is located on only one side of an existing street, one-half of the required right-of-way width, measured from the centerline of the existing roadway, shall be dedicated. Dedication of one-half of the right-of-way form proposed streets along the boundaries of land proposed for subdivision shall be prohibited.
(E) Intersections. Streets shall intersect as nearly as possible at an angle of 90 degrees, and no intersection shall be at any angle of less than 60 degrees. Street curb intersections shall be rounded by radii of at least 20 feet. When the smallest angle of street intersection is less than 75 degrees, the Board of Trustees may require curb radii of greater length. Wherever necessary to permit the construction of a curb having a desirable radius without reducing the sidewalk at a street corner to less than normal width, the property line at such street corner shall be rounded or otherwise set back sufficiently to permit such curb construction. No lot or other parcel of land which abuts on and has access to either a collector or a minor street shall have a service drive, curb cut, or other means of access to an arterial street within 50 feet of the right-of-way of any street which intersects such arterial street on the side on which such lot or parcel is located.
(F) Widths, grades, and sight distance requirements.
(1) Right-of-way widths, pavements widths, grades, and sight distance requirements shall be as follows.
Type | Right-of-Way | Pavement | Grade | Minimum Sight Distance on Curves |
Type | Right-of-Way | Pavement | Grade | Minimum Sight Distance on Curves |
Alleys | 20' | 20' residential | No maximum | None |
20' commercial | No maximum | None | ||
Arterial street | *100' | 46' | 8% | 400' |
Collector streets | *70' | 44' | 10% | 300' |
Cul-de-sac streets | 100' | 40' | 10% average | 200' |
Local streets | 60' | 22' w/ 6' shoulders | 10% average | 300' |
Marginal access streets | 60' | 22' w/ 6' shoulders | 10% | 300' |
*Streets in these classifications shall be designed and graded to the full right-of-way widths stated | ||||
(2) The horizontal alignment on all streets except in unusual cases as determined by the Planning Commission shall as follows.
Street Type | Radii of Horizontal Curves (Minimum Feet) |
Arterial | 700 |
Collector | 300 |
Local | 100 |
(G) Marginal access streets.
(1) Where a subdivision abuts or contains an existing or proposed arterial street, the village may require access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.
(2) Where the proposed subdivision abuts upon or contains an existing or proposed arterial street or highway or which traffic volumes and vehicular speeds warrant special safety considerations, the village may require that marginal access streets be provided in order that no lots front on such existing or proposed arterial street or highway.
(3) Where a subdivision borders on or contains a railway right-of-way or limited access highway right-of-way, the village may require a street approximately parallel to and on each side of such right-of-way, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
(H) Street jogs. Street jogs with center line off-sets of less than 125 feet shall be prohibited. Cul-de-sacs, minor terminal, or dead-end streets or courts which are designed so as to have one end permanently closed shall not be longer than 500 feet and shall be provided at the closed end with a turnaround having a radius at the outside of the right-of-way of at least 100 feet.
(I) Street names. Proposed streets which are in alignment with other already existing and named streets shall bear the names of such existing streets. The name of a proposed street which is not in alignment with an existing street shall not duplicate the name of any existing street, irrespective of the use of the suffix street, avenue, boulevard, drive, place, court, lane, road, pike, highway, parkway, or similar suffix. Whenever a street alignment changes direction more than 45 degrees without a return to the original alignment within a distance of 500 feet, then the name of the street shall be changed at the point of curvature. Whenever a cul-de-sac street serves not more than three lots, the name of the intersecting street shall apply to the cul-de-sac. To avoid duplication and confusion, the proposed names of all streets shall be approved by the designated Village Engineer prior to such names being assigned or used.
(J) Private streets and reserve strips. There shall be no private streets platted within a subdivision. There shall be no reserve strips in a subdivision except where their control is definitely vested in the village or county under conditions approved by the Board of Trustees as authorized herein.
(K) Grading specifications. All streets, roads, and alleys shall be graded to their full widths by the subdivider, so that street pavements and sidewalks can be constructed on the same level plane. Deviation from this standard due to special topographical conditions will be allowed only with the approval of the Board of Trustees. Before grading is started, the entire right-of-way area shall be first cleared of all tree stumps, roots, brush, and other objectionable materials and of all trees not intended for preservation. The subgrade shall be properly shaped, rolled, and uniformly compacted to conform to the accepted cross-section and grades. In cuts and fills, all tree stumps, boulders, organic material, soft clay, spongy material, and other objectionable materials shall be removed to a depth of at least two feet below the graded surface. This objectionable matter, as well as similar matter from cuts, shall be removed from the right-of-way area and disposed of in such a manner that it will not become incorporated in fills or hinder proper operation of the drainage system.
(L) Minimum pavement widths. Pavement widths shall be measured between curb backs.
(M) Street surfacing. The streets in the proposed subdivision shall be paved, including curbs and gutters, and street surfacing shall be of concrete or any other suitable surface as recommended by the designated Village Engineer and approved by the Board of Trustees. Requirements for paving, including curb and gutter, may be waived at the request of the subdivider. Streets in such subdivision shall have a crushed rock or gravel surface which meets the specifications of the village.
(N) Curb and gutter. Curb and gutter shall be provided as required by the Village Engineer. In areas of notable flash flooding or heavy rain run-off, curbs shall be required on all streets designed for areas where the existing or anticipated residential density of the areas surrounding the proposed subdivision equals or exceeds three dwelling units per net acre. In commercial developments, or where other similar intensive urban uses exist or are anticipated, curbs shall be required. Where curbs exist on abutting properties, their extension shall be required throughout the proposed subdivision. All curb and gutter shall be constructed in conformance with the minimum standards of the village and as approved by the Village Engineer.
(O) Blocks. Except in unusual circumstances, the maximum length of blocks shall be 1,320 feet.
(P) Street name signs. Street name signs, of a type in use throughout the village, shall be erected by the subdivider at all intersections.
(Q) Alleys.
(1) Alleys shall be provided to give access to the rear of all lots used for commercial and industrial purposes. Minimum width of an alley shall be 16 feet. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.
(2) Dead-end alleys shall be avoided where possible, but if unavoidable, shall be provided with adequate facilities at the dead-end, as determined by the Board of Trustees. Alleys need not be provided in residential areas where the subdivider produces evidence of easements which are satisfactory to the Board of Trustees.
(R) Sidewalks. Sidewalks shall be provided as required by village ordinances and shall be constructed of Portland cement concrete or other acceptable materials as approved by the Board of Trustees. Sidewalk thickness shall be not less than four inches and sidewalk width not less than four feet.
(S) Driveways. Driveways shall have a maximum grade of 10%. Driveways and curb cuts shall be located not less than three feet from the side lot lines. Curb cuts for straight curbs and the flare for rolled curbs shall be three feet wider than the driveway pavement on each side.
(T) Street and walkway lighting. The streetlights shall be installed by the village. Such lights shall be located at each street and walkway entrance to the subdivision. In addition, whenever the distance between two adjacent streets or walkway lights would exceed 300 feet, then additional street lights shall be installed in such manner that proper light intensity shall be provided and maintained. New subdivision street and walkway lighting may be installed with all associated wiring underground or overhead, as required by the village.
(Ord. passed 8- -2010)
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