A. Conformance To Applicable Rules And Regulations: The design of a subdivision and improvements shall conform to the comprehensive plan (as amended from time to time), the official village map, village ordinances (including, but not limited to, zoning, floodplain, subdivision control, stormwater, sewer, water, public ways and properties, and annexation ordinances), fire protection district ordinances of the Winfield fire protection district (or Carol Stream fire district, as applicable), planning and development policies, and all applicable rules, regulations, specifications and standards of the village of Winfield, DuPage County and the state of Illinois and other duly constituted agencies. No deviation from the approved plans and specifications and parties involved (developers, engineers, planners, etc.) will be made without prior approval of the village of Winfield.
B. Undevelopable Land: Land which the planning commission finds to be unsuitable for subdivision or development due to flooding, wetlands, improper drainage, steep slopes, rock formations, adverse earth formations or topography including topographical limitations which prevent the subject property from reaching the sanitary sewer, utility easements, or other features which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas, shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the planning commission, upon recommendation of the village engineer, or upon recommendation of other governmental authority to solve the problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve such a danger.
Developer interest in land must be clarified in writing to the village board and plan commission. Only the titleholder to the subject parcel may pursue conceptual plan review, final plan review, preliminary or final plat. A speculative developer must verify to the village attorney their contractual relationship, and must obtain cosignature of titleholder prior to initiating.
C. Preservation Of Natural Features:
1. General: Due regard shall be given to the preservation of natural features within a proposed development, such as large trees, watercourses, wetlands, historical and similar community assets, which, if preserved, will add attractiveness and value to the property. The developer shall take every precaution required to preserve said natural features in the planning and construction of said development.
2. Preservation Of Existing Trees: The petitioner shall not remove trees from the subject property during the annexation or subdivision approval process. When parcels proposed for development include trees measuring six inches (6") in caliper or larger, a tree preservation and protection plan shall be prepared and submitted to the village for review and approval (by the village administrator), and shall include the following:
a. Show the location, size, condition and species of all existing trees within the construction zone and within thirty feet (30') of proposed construction, which are six inches (6") in caliper or larger.
b. Identify all existing trees, six inches (6") in caliper or larger, proposed to be removed. Any tree within fifteen feet (15') of trench or building pad will be assumed as unsalvageable due to construction anticipated root and canopy disturbance.
c. Identify the means and methods to be used for protecting and preserving trees designated to be saved.
d. All planned unit developments and special uses shall conform to the village's tree preservation ordinance (section 10-2-15 of this code).
3. Evaluation Of Existing Trees And Tree Protection:
a. The ability to save existing trees on the site shall be evaluated by the developer and the village to determine which trees shall be saved, and which trees may be removed due to one or more of the following conditions:
(1) Provide essential grade changes;
(2) Provide for surface water drainage and utility installations;
(3) Locate proposed structure(s) without causing unreasonable economic hardship;
(4) Observe good forestry practices, i.e., the number of healthy trees that the parcel will support;
(5) Pose a safety hazard to pedestrian or vehicular traffic, or threaten to cause disruption of public services;
(6) Pose a safety hazard to buildings, both existing and proposed;
(7) Are diseased or weakened by age, storm, fire or other injury;
(8) Are willows, silver maples, cottonwoods, box elders, or other fast growing softwood trees determined by the village to be short lived or of poor quality.
b. All existing trees determined to be saved shall be identified on the preservation and protection plan and shall be preserved and protected during the development.
4. Tree Replacement: In the event that a tree identified for preservation is destroyed or damaged during construction, such tree shall be replaced with a tree that is at least the same size caliper as the tree removed, or be replaced with smaller trees, each with a minimum caliper of three inches (3"), as measured twelve inches (12") above grade, which add up to the caliper of the original tree. Any tree removal which occurs within one year prior to application for annexation shall also be subject to provisions for like replacement, as outlined above.
5. Other Tree Preservation Requirements:
a. Approval of a development plan shall be withheld until all of the information required by this section has been submitted, and the evaluation of existing trees on the subject property has been completed by the village or a certified arborist.
b. The village shall, at its discretion, have the right to retain a professional arborist to review tree preservation plans and to submit a written report to the village. All expenses incurred by the village for the use of the tree consultant shall be reimbursed by the developer.
c. Fencing shall be provided around all existing trees. The village shall have the right to inspect the subject property at any time during the construction process, in order to verify that the developer and contractor have protected trees in accordance with the approved tree preservation plan.
d. Any person, private or public company failing to adhere to the provisions of the approved tree preservation plan shall be subject to a fine of fifty dollars ($50.00) per inch caliper, but not less than five hundred dollars ($500.00) per tree which has been cut down, and termination of all construction activity, until such time as all provisions of this chapter have been met to the satisfaction of the village.
D. Parking: Any off street parking improvements required to be constructed as part of the proposed subdivision improvements shall be in accordance with the requirements of the zoning ordinance of the village of Winfield. Depth and width of all lots shall be adequate to provide off street parking and loading spaces as required by the zoning ordinance.
E. Boundary, Lot, And Right Of Way Line Monumentation:
1. Permanent monuments shall be placed at the corners or changes in bearing of the exterior boundary, at the points of curvature or points of tangency of streets, at a minimum of two (2) points, preferably along the rear lot line, of all blocks, and at such other points as shall be required to enable ready establishment of lines within the subdivision. Developers shall follow the terms of the Illinois plat act, 765 Illinois Compiled Statutes 205/0.01 through 205/56, inclusive.
Permanent monuments shall be of concrete having a six inch (6") minimum diameter with one no. 4 vertical bar in its center, and be at least forty two inches (42") in length. Monuments shall be set flush with adjacent ground.
2. Iron pipe markers not less than three-fourths inch (3/4") in diameter and twenty four inches (24") in length shall be set at all lot corners and all other required points not marked by permanent monuments. The iron pipes shall be set flush with the finished ground elevation.
3. After construction of all improvements and before any sale or final acceptance by the village, the subdivider shall replace or verify the existence of all monuments and markers, and "red top" stake with 1x3s at all lot corners.
4. If property corners fall within an interference, the interfering structure shall be "scribed" to permanently establish the property corner. (Ord. 2015-02-05, 2-5-2015)