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(A) The developer must post a subdivision warranty with the Road District Commissioner after final acceptance of the public improvements. The warranty amount must equal at least 10% of the initial subdivision guarantee for the improvements. Subdivision warranties must be in the format provided in the Will County Developers’ Handbook.
(B) The subdivision warranty must cover a period of at least two years.
(C) Subdivision warranties must be in the form of cash escrow, a letter of credit from a local bank or local savings and loan association, or other financial security approved by the county and applicable road authority.
(D) Subdivision warranties are not required for improvements not contained in and specified under the original subdivision guarantee.
(E) The subdivision warranty may be used to replace any faulty materials or workmanship and warrant the integrity of the improvements during the life of the warranty.
(F) At least 18 months after final acceptance of the improvements, the developer must request an inspection of the improvements by the Chief Subdivision Engineer and Road District Commissioner. Before release of the warranty, the developer must perform any warranted work. The work must be completed and inspected by Chief Subdivision Engineer and Road District Commissioner at least 30 days before the warranty expires.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
(A) Before starting any work covered by approved improvement plans and construction specifications, written authorization to start the work must be obtained from the Chief Subdivision Engineer. The written authorization must be in the form of a site development permit (application form available from Chief Subdivision Engineer) for the subdivision.
(B) The site development permit must cover required public improvements, including right-of-way, drainage improvements, floodplain/wetland requirements and the like.
(C) The site development fee must be calculated based on the area within the right-of-way, the portion of the subdivision to be utilized for stormwater management purposes, 100-year overflow routes and any floodplain/wetland area to be enhanced as a part of the subdivision.
(D) Authorization to begin work will be given upon receipt of all necessary permits from other regulatory agencies, including all culvert permits required when proposed new or changed subdivision streets intersect any existing street.
(E) The Chief Subdivision Engineer and the appropriate Road District Commissioner must be notified three working days before any work commences so that appropriate inspectors may be present.
(F) Inspection fees for public improvements must be paid by the developer before construction of the improvements commence.
(G) Any work without proper inspection will not be acknowledged.
(H) No funds may be released from the subdivision guarantee unless the improvements covered by the subdivision guarantee have been inspected by the Chief Subdivision Engineer and the Road District Commissioner.
(I) During the course of construction, inspection of the work must be made by the design engineer employed by the developer to ensure compliance with the approved improvements plans and construction specifications.
(J) The design engineer must provide weekly field reports to the Chief Subdivision Engineer in a form as provided in the Will County Developers’ Handbook. These inspection reports must be signed and sealed by a registered professional engineer. The Chief Subdivision Engineer is authorized to issue a stop work order if weekly field reports are not submitted. Any delegation of construction observation duties must be approved by the Chief Subdivision Engineer.
(K) Construction of all improvements (with the exception of the final surface course of asphalt on dedicated streets) required by this chapter must be completed within two years of the date of final plat approval unless good cause can be shown for granting an extension of time.
Commentary:
Phasing of large subdivisions is encouraged so that projects can be completed within two years. Completion of a subdivision includes required sidewalks.
Phasing of large subdivisions is encouraged so that projects can be completed within two years. Completion of a subdivision includes required sidewalks.
(L) Building permits may not be issued until all required improvements are completed and operable, with the exception of the final surface course of bituminous asphalt if a two-layer construction is used. The final surface course of asphalt must be completed before acceptance of the subdivision.
(M) Until final acceptance of improvements by the Road District Commissioner, the developer is solely responsible for:
(1) Maintaining all improvements;
(2) Keeping all public ways, sewers and drains free from soil, debris and trash;
(3) Installing and maintaining appropriate erosion control measures; and
(4) Providing for snow removal on all streets within the subdivision.
(N) The developer is required to provide snow removal on all streets within the subdivision until acceptance of improvements by the Road District Commissioner. However, if the developer does not promptly remove snow, the Road District Commissioner may clear the snow and submit the invoice for this work to the developer for payment. If the developer does not pay this invoice, the subdivision guarantee may be utilized to pay the costs.
(O) The final lift of bituminous asphalt (surface) must be installed within three years from the date final plat approval or when individual buildings are completed on 80% of the lots in the subdivision, whichever comes first. When the lift of asphalt is placed before 80% of the lots are built out, the subdivision warranty will not expire until two years after the completion of 80% of the lots.
(P) Material testing for all public improvements must comply with State Department of Transportation Standard Specifications for Road and Bridge Construction. Load tickets and core samples may be required by the Chief Subdivision Engineer and/or the Road District Commissioner.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
(A) Establishment. If a property owners association is assigned responsibility for the maintenance and control of streets, drainage easements/facilities, open space, recreational facilities or other common areas and facilities within a subdivision, that association must have legal authority to maintain and exercise control over the common areas and facilities, including the power to compel contributions from residents or property owners to cover their proportionate share of the costs associated with the maintenance of the common areas and facilities.
(B) Documentation.
(1) Documents providing for the establishment of a property owners association must be submitted to the Chief Subdivision Engineer before approval and recordation of a final plat. The documents establishing the association must be in a form as provided in the Will County Developers’ Handbook.
(2) The county’s review is limited to ensuring that the property owners association has clear legal authority to maintain and exercise control over the common areas and facilities, including the power to compel contributions from residents and property owners to cover their proportionate share of the costs associated with the maintenance of the common areas and facilities.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
GENERAL DESIGN STANDARDS AND GUIDELINES
Subdivisions must be designed and laid out in accordance with:
(A) All applicable county ordinances, including this chapter;
(B) The County Land Resource Management Plan and its functional elements;
(C) The County Zoning Ordinance; and
(D) Applicable laws, rules and regulations of the state and its duly constituted agencies; and
(E) When a subdivision lies within one and one-half miles of the corporate limits of a municipality having a comprehensive plan, the subdivision must also comply with all applicable ordinances of the subject municipality.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
(A) Subdivisions should be designed to create an integrated system of lots, streets, trails and infrastructure that provides for efficient movement of people, bicycles and automobiles within the subdivision and to and from adjacent developments.
(B) Subdivisions should provide for the efficient movement of through traffic by providing a completely interconnected hierarchy of streets in order to avoid isolation of residential areas and over-reliance on federal, state and county roadways.
(C) All subdivisions should be designed to provide safe and attractive pedestrian routes to nearby commercial centers, as well as nearby public/civic, employment and recreation uses.
(D) Street layouts should be uncomplicated, so that emergency services, public services and visitors can find their way to their intended destinations.
(E) Subdivision designs must avoid the proliferation of private streets and driveways with access onto major streets.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
(A) Subdivision perimeter areas should include adequate landscaping and buffering to protect future residents of the subdivision and adjacent developments from adverse impacts caused by significant differences in use, development intensity or building height.
(B) Lot and street designs should be designed to avoid extended distances of back yard frontage on major streets. When back yard frontages cannot be avoided, the Plat Committee is authorized to require additional lot depth, additional landscaping, fences, walls or any combination of the techniques to help reduce the negative visual and noise-related impacts associated with the platting patterns.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
(A) Open spaces should be integrated into and throughout subdivisions, should be connected with one another and with open spaces in adjacent developments, and should include trails that connect to pedestrian routes in the subdivision and to regional trail systems.
(B) Open spaces anticipated for use as active or developed parks should be located on relatively flat, well-drained terrain.
(C) Open spaces not anticipated for use as active or developed parks should be located on prominent high points with significant views, or along significant and interesting geological features or wooded areas or along significant drainages.
(D) Open spaces that are anticipated to serve as trail corridors (pedestrian, bicycle or equestrian) should be continuous with anticipated trail corridors on adjacent properties.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
(A) Lands subject to flooding, high water table, excessive erosion and subsidence because of soil types or groups, water courses and other drainageways, steep slopes or other natural hazards may not be platted for residential or other uses in a way as to present a danger to life or property, or to the public health, safety or general welfare.
(B) The recommendations of the Will County Soil Manual must be followed with respect to the land plan and construction details of proposed subdivisions.
(C) Soil borings must be made to confirm the soils map information included in the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) Soil Survey of the county. Representative soil borings must be taken to a depth at least five feet below the lowest proposed foundation, two feet below the lowest proposed sewer or the point of refusal. At least one boring must be made per ten acres or more if necessary to confirm the soil survey.
(D) Two copies of a soils report prepared by a qualified soil professional must be submitted with the preliminary plat. The report must include, at a minimum, soil classifications, water level observations, blows per foot and an assessment of the suitability of existing soils for the proposed development. For developments in which rain gardens, bio-infiltration, bio-swales or other groundwater infiltration best management practices (BMPs) are proposed, permeability data is also required.
(E) Developments in which structures will be constructed within, or adjacent to floodplains, or areas prone to flooding, must comply with the requirements of Federal Emergency Management Agency (FEMA) Technical Bulletin 10-01, Ensuring That Structures Built on Fill In or Near Special Flood Hazard Areas Are Reasonably Safe From Flooding.
(F) The developer shall be required to provide and install emergency warning sirens in subdivisions when deemed necessary following the guidelines as set forth by the County Emergency Management Agency.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009) Penalty, see § 154.999
(A) Subdivisions should be designed and laid out in a manner that creates the least damage to the natural environment, avoids to the maximum extent feasible, significant natural resources such as prime agricultural lands, wooded areas and wetlands.
(B) Subdivisions should be designed to preserve and enhance woodlands, water bodies, streams, rivers, hillsides and other natural resources that exist on a site.
(C) Subdivisions should be designed to preserve cultural and historic resources.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
Where a proposed park, playground, school or other public use shown on an official map of the county, local park district, forest preserve district of the county, or of a municipality within the county is located in whole or in part in a subdivision, appropriate public agencies and governing bodies must be given an opportunity to negotiate the acquisition of property for the use for one year from the date of recording of the final plat.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
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