G-708 - 12/10/2002 - SUBDIVISION REGS - OrdinancesORDINANCE 2002- SD- RR- EX -1 -G- 708
AN ORDINANCE AMENDING TITLE 14,
SUBDIVISION REGULATIONS,
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
WHEREAS, the Village of Oak Brook has heretofore filed an application for a comprehensive
amendment to the Subdivision Ordinance, and
WHEREAS, a public hearing on such application has been conducted by the Plan Commission of
the Village of Oak Brook on April 15 and May 20, 2002, pursuant to due and appropriate legal notice, and
WHEREAS, the Plan Commission has submitted its report on the proposed comprehensive
amendment to the President and Board of Trustees; and
WHEREAS, the Plan Commission has recommended that the Village Board approve the
proposed comprehensive amendment; and
WHEREAS, the President and Board of Trustees deem the passage of this ordinance to be in the
best interest and in furtherance of the general welfare of the Village of Oak Brook
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows
Section 1 That the provisions of the preamble hereinabove set forth are hereby adopted as
though fully set forth herein.
Section 2 That Title 14 of the Code of Ordinances of the Village of Oak Brook entitled,
"Subdivision Regulations" is amended to read as set forth in the attached exhibit labeled Exhibit A and
incorporated herein by reference
Section 3- That this ordinance shall be in full force and effect from and after its passage,
approval and publication as required by law
Section 4. That the Village Clerk is hereby authorized and directed to publish this ordinance in
pamphlet form in the manner provided by law
PASSED THIS 10th day of December, 2002
Ayes Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino
Nays
None
Absent None
Abstain
APPROVED THIS 1 01-h day of December, 2002
� R
p, yATTEST 1
i lage Clerk
CC,
ed as to form
Village Attorney
Ordinance 2002- SD- RR- EX1 -G- 708
Amending Title 14, Subdivision
Regulations, Page 2
jb 0 vd-g4Z.-
Village President
Published in Pamphlet Form.
12 -12 -2002
(Date)
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CHAPTER 1
GENERAL SUBDIVISION PROVISIONS
14 -1 -1 SHORT TITLE:
This Title shall be known and may be cited as the SUBDIVISION REGULATIONS OF OAK
BROOK, ILLINOIS. (Ord. G-140,11-9-1971)
14 -1 -2: PURPOSE, SCOPE AND JURISDICTION:
A Purpose:
1. The purpose of these Regulations is to set forth rules, regulations and standards to
guide the subdivision of land in order to promote the public health, safety,
convenience and general welfare within the jurisdiction of the Village.
Regulations should be administered to ensure orderly growth and development,
the conservation, protection and proper use of land and adequate provisions for
traffic circulation, utilities and services.
2. An additional purpose of these Regulations is to set forth, so far as applicable,
rules, regulations and standards to guide the development of parcels of land for
which a development plan has been approved under Title 13, Chapter 10, Article
C of the zoning regulations of the Village.
B. Scope And Jurisdiction: Because each new subdivision accepted by the Village becomes
a permanent unit in the basic physical structure of the future community, and to which the
future community will, of necessity, be forced to adhere, all subdivisions hereafter
planned within the incorporated limits of the Village, and within the area of planning
jurisdiction as established by statute up to one and one -half (1 1/2) miles beyond, shall, in
all respects, be in full compliance with the Regulations. These Regulations are designed
to provide for the orderly and harmonious development of the Village, for the
coordination of streets within new subdivisions with other existing or planned streets, to
secure a uniform system of utilities and services and to otherwise promote realization of
the Official Plan. (Ord. G -140, 11 -9 -1971; Ord. G -238, 9 -26 -1978)
14 -1 -3 • GENERAL REGULATIONS:
A Subdivision Regulations Complied With: No land shall, after the adoption of these
Subdivision Regulation, be subdivided without complying with these Regulations
B. Lots Recorded Before Sale: No lot, tract, or parcel of land within any such proposed
subdivision (smaller than the entire tract) shall be offered for sale or be sold until such
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subdivision plans have been properly reviewed and officially approved by the Village
Board and a final plat recorded.
C. Issuance Of Building Permits: No building permit shall be issued for any building or
other structure on a lot, tract or parcel of land which does not meet applicable provisions
of this Title.
D. Prerequisites To Improvements: No improvements, such as sidewalks, water supply,
storm water drainage, sewerage facilities, gas service, electric service or lighting,
grading, paving or surfacing of any street, shall be made within any such proposed
subdivision by any owner or owners or his or their agent, or by any public utility
corporation at the request of such owner or owners or by his or their agent until the plat
for the subdivision and also the plans for the improvements have been properly reviewed
by the Village Engineer, and officially approved by the Village Board and the final plat
recorded.
E. Construction In Phases: Where a tract of land is proposed to be subdivided in several
stages over a period of years, and the subdivider requests approval in parts, he shall, at
the time of submission of the first part, submit a detailed plan of the entire tract to be
eventually developed, with appropriate sectioning to demonstrate to the Oak Brook
Village Plan Commission that the total design as proposed for the entire subdivision is
acceptable under the terms of these standards. The Plan Commission and Village Board
may give preliminary approval to the overall plan and final approval on the parts as
submitted from time to time.
F. Minimum Requirements: The provisions of this Title shall be the minimum requirements
necessary in the subdivision of land. (Ord. G -140, 11 -9 -1971)
14 -1 -4: ASSESSMENT PLAT PROCEDURES:
A. Purpose: The purpose of this Section is to provide a method and procedures for the
platting of property into lots not involving a subdivision, as defined in Section 14 -2 -2 of
this Title.
B. Jurisdiction: The provisions of this Section shall not be utilized to evade the intent and
purpose of the subdivision regulations of this Title, but are applicable only to the platting
of single lots legally created prior to November 9, 1971, or the consolidation of such lots.
Nothing contained herein shall otherwise permit the subdivision of property under the
jurisdiction of this Title from being so subdivided except in accordance with the terms of
this Title. No assessment plat shall be recorded in the office of the Recorder of Deeds for
DuPage County, Illinois, until such assessment plat has been properly reviewed and
officially approved by the Village President and Board of Trustees.
C. Definitions:
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ASSESSMENT PLAT: A plat of property prepared in accordance with the Plat Actl,
which describes property as a single lot other than by a metes and bounds description and
as referred to in 35 Illinois Compiled Statutes 205/35, which plat does not involve a
subdivision as defined in Section 14 -2 -2 of this Title.
LEGALLY CREATED LOT: A lot created pursuant to the provisions of the Illinois Plat
Act or created pursuant to an exception thereto.
D. Procedures:
1. The owner shall file an application for approval of the assessment plat with the
Village Clerk. Such application shall be accompanied by the original ink tracing
on linen or mylar, eighteen (1 S) prints of the assessment plat, or such other
number as the Village Clerk may designate by administrative order, and four (4)
copies of all required supporting data, drawings and documents.
2. Within sixty (60) days from the date the application for approval of the
assessment plat and all supporting documents were filed with the Village Clerk,
the Village President and Board of Trustees shall approve such plat provided that
it complies with all applicable requirements of the Village. Upon approval of an
assessment plat, the Village Clerk shall certify such approval and affix the
corporate seal of the Village on the assessment plat.
3. Upon approval by the Village President and Board of Trustees, the Village Clerk
shall have the plat as approved by the Village President and Board of Trustees
recorded and on its return to the Village have one mylar or equal transparency
made and deliver a copy of the assessment plat or transparency to the owner. The
cost of recording and the transparency shall be paid by the owner.
4. On recording, one copy of the recorded plat and one set of supporting data shall
be retained in the Village Clerk's files, two (2) sets retained by the Village
Engineer and one approved set returned to the owner.
E. Assessment Plat Requirements: The requirements for an assessment plat shall be the
same as those established for a final plat of subdivision as detailed in subsections 14-4 -
2A through D, inclusive, of this Title. In addition to all of the requirements herein
contained, the assessment plat shall clearly delineate any dedications or grants of
easement to the Village as required by the Village President and Board of Trustees
including, but not limited to, public bicycle and pedestrian path easements, dedication for
roadways, and easements for public utilities and shall depict all other existing easements
or dedications.
F. Fees: Fees for assessment plats shall be as found in Chapter 14 of Title 1 of the Code.
(Ord. G -259, 12 -11 -1979)
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14 -2 -1: RULES:
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CHAPTER 2
DEFINITIONS
The language set forth in the text of these Regulations shall be interpreted in accordance with the
following rules of construction:
A. The singular number includes the plural and the plural the singular.
B. The present tense includes the past and future tenses and the future the present.
C. The word "shall" is mandatory, while the word "may" is permissive.
D. The masculine gender includes the feminine and neuter.
E. Whenever a word or term defined hereinafter appears in the text of these Regulations, its
meaning should be construed as set forth in the definition thereof, and any word
appearing in parentheses directly after a word herein defined should be construed in the
same sense as that word. (Ord. G -140, 11 -9 -1971)
14 -2 -2: DEFINITIONS:
The following are definitions of terms used in these Regulations:
ALLEY: A right of way which affords a secondary means of access to properties abutting upon
a street.
BLOCK: A tract of land bounded by streets or by a combination of one or more streets and other
lines of demarcation.
BUILDING SETBACK LINE: A line within a lot or other parcel of land so designated on the
plat, which denotes the area between such line and the adjacent street right -of -way line, where an
enclosed building and other structures are prohibited, except those structures that are permitted
by Zoning Ordinance regulations.
COLLECTOR STREET: A street which carries traffic from minor streets, and serves as a
principal traffic way within or between various districts.
CUL -DE -SAC: A local street with only one outlet.
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DEVELOPMENT PLAN: A proposal for the development of a parcel of land zoned ORA3
under the Zoning Ordinance of the Village2 containing a statement setting forth the information
specified in subsection 13- 10C -6C1 of this Code and a plat setting forth graphically the
information specified in subsection 13 -1 OC -6C2 of this Code.
DIRECTOR OF COMMUNITY DEVELOPMENT: The Director of Community Development
of the Village of Oak Brook, Illinois, or his duly authorized representative as approved and
designated by the Village Manager.
EASEMENT AREA: A designated parcel of land on, over or under which a liberty, privilege, or
advantage for use of land (dedicated and distinct from ownership of the land), is granted either to
the public, a particular person or firm, or a combination of both.
FINAL PLAT: The final map or plan of a subdivision presented to the Village for approval and
which, if approved, will be recorded in the office of Recorder of Deeds of DuPage County.
FRONTAGE ROAD: A local or collector street which is parallel to, adjacent to and separated
from the main traveled pavement surface of a thoroughfare.
HALF STREET: A street where less than the ultimate total required right -of -way width has
been dedicated along one or more exterior property lines of a subdivision.
HOUSE SERVICES: The portions of piping running from a utility service main to serve
individual parcels of property and for the purpose of these Regulations shall include sewer and
w ater services.
INIPROVEvIENT PLAN: A plat setting forth graphically the location and layout of all or a part
of the proposed land improvements and buildings to be constructed on a parcel of land zoned
ORA3 and for which a development plan has been approved, together with such additional
information as may be required under the provisions of this Title.
LAND IMPROVEMENT: Any and all sanitary sewerage systems, water distribution systems,
storm drainage systems, public utility systems, sidewalk systems, street systems, street lighting
systems, pedestrianways. sediment and erosion control measures, grading plan, off - street parking
areas and other improvements which the Village of Oak Brook may require under these
Regulations.
LOT: A designated parcel of land in a subdivision or assessment plat.
LOT, THROUGH: A lot which has a pair of opposite lot lines along two (2) substantially
parallel streets and which is not a corner lot.
LOT, FLAG OR NTERIOR: A parcel of land which fronts on a street only by virtue of an
unbuildable area which provides access to the buildable portion of said parcel of land.
LOCAL STREET: A street of limited continuity used primarily for access to abutting properties
and to serve local needs of a neighborhood.
NO VEHICULAR ACCESS AREA: That portion of a through lot along its side and /or rear lot
line abutting a street through which motorized vehicular access is not permitted and no
driveways shall be permitted.
OFFICIAL PLAN: Refers to the composite of the functional and geographic elements of the
Comprehensive Village Plan, or any segment thereof, in the form of plans, maps, charts, text of
reports, the official map and the current Zoning Ordinance as adopted by the Village of Oak
Brook.
OWNER OR SUBDIVIDER: Shall include any person, group of persons, firm, association,
partnership, private corporation, public or quasi - public corporation, institution, or a combination
of anv of them, or other legal entity having sufficient proprietary interest in the land sought to be
subdivided or divided, to commence and maintain proceedings under the provisions of these
standards.
PARKWAY: That part of a public way between the paved roadway portion and right of way
line, in the case of a public right of way, or in the case of a private street, the easement line.
PEDESTRIANWAY: A right- of -,,vay across or within a block and designated for pedestrian use.
PLAN COi✓IiVIISSION: The Oak Brook Plan Commission-.
PRELITINARY PLAT: A tentative map or plan of a proposed subdivision indicating a
proposed layout submitted to the Village for its consideration.
PUBLIC WAY: Public rights of «ay, public street areas by common usage, public bicycle or
pedestrian paths, or access easement areas granted to the Village.
RIGHT OF WAY: A strip of land dedicated to the public for access purposes including, but not
limited to, streets. alleys and pedestrianways and may include surface access for vehicles or
pedestrians, overhead access, when permitted, for certain public utilities and underground access
for sewers and public utilities.
ROADWAY: The improved portion of the street available for vehicular traffic.
SIDEWALK: That portion of a street right of way or pedestrianway intended for pedestrian use
only.
STREET: A permanent public or private right of way which affords a primary means of access
to abutting propterty.
STREET WIDTH: The shortest distance between the right -of -way lines of a given street.
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SUBDIVIDER: Any owner commencing proceedings under these regulations
SUBDIVISION: The division of any tract or parcel of land into two (2) or more lots or parcels,
or consolidation of two (2) or more parcels, or any division of land when a new street or
easement for access is involved. The division or subdivision of land into parcels or tracts of five
(5) acres or more in size and not involving any new streets, easements of access, or the sale or
exchange of existing lots, parcels or tracts of land with no change in their boundaries shall not be
termed to be a subdivision. The term "subdivision" includes "resubdivision" and, where it is
appropriate to the context, relates to the process of subdividing or to the land subdivided.
SUBDIVISION DESIGN STANDARDS: The basic land - planning requirements established by
this Title for the preparation of plats and installation of required improvements.
SUBDIVISION GATEWAY: A structure, guardhouse, monument or landscaping arranged in
such a fashion as to identify a subdivision and provide an entranceway for the subdivision.
THOROUGHFARE: A street with a high degree of continuity and serving as a principal
trafficway between the various areas of Oak Brook and its environs. Those streets shown in the
Oak Brook Transportation Plan Phase II Report dated January 1971, Figure 1, Functional
Classification and designated as "Expressway ", "Major Arterial" and "Minor Arterial" shall be
considered as thoroughfares for application of this Title, plus such additional streets as may in
the future be designated by resolution of the Village Board.
VILLAGE BOARD: The President and Board of Trustees of the Village of Oak Brook, Illinois.
VILLAGE CLERK: The Village Clerk of the Village of Oak Brook, Illinois.
VILLAGE ENGINEER: The Village Engineer of the Village of Oak Brook, Illinois, or his duly
authorized representative as approved and designated by the Village Manager.
VILLAGE MANAGER: The Village Manager of the Village of Oak Brook, Illinois, or his duly
authorized representative as approved by Village President with the advice and consent of the
Board of Trustees.
WATERCOURSE: Any stream, creek, brook, branch, natural or artificial depressions, slough,
gulch, wetlands, reservoir, lake, pond or natural or manmade drainageway in or into which storm
water runoff and floodwaters flow either regularly or intermittently.
(Ord. G -140, 11 -9 -1971; Ord. G -208, 1 -25 -1977; Ord. G -223, 9 -27 -1977; Ord. G-2-38, 9 -26-
1978; Ord. G -652, 12 -14 -1999)
CHAPTER 3
PRELIMINARY PLAT PROCEDURES AND REQUIREMENTS
VA
14 -3 -1: PLATS REQUIRED:
A. Plats Prerequisite To Subdividing Lands: Before subdividing any tract or parcel of land in
the Village and the unincorporated areas within one and one -half (1 1/2) miles of the
Village limits, an owner or subdivider shall submit a preliminary plat and a final plat to
be acted upon by the Village authorities in accordance with the following requirements.
Prior to preparation of preliminary plat drawings, it is suggested that the subdivider
consult with the Plan Commission and other Village officials to determine conformity to
the official plan, zoning ordinance and compliance with this and other applicable Village
ordinances.
B. Subdivisions Of Not More than Five Lots:
1 When an application for approval of a subdivision plat containing not more than
five (5) lots and located within the Village limits is submitted, and is accompanied
by an affidavit that such plat comprises the entire contiguous undeveloped land
area in which the applicant has any interest, the Village Clerk shall refer such plat
to the Village Board and if, upon its consideration thereof and after receiving a
report from the Plan Commission which includes a finding that the plat contains
the entire contiguous undeveloped land in which the applicant has any interest, it
finds that the intent and purpose of this Title is not violated, the Village Board
may appro,, a such plat without further procedure.
2. The plat of such a subdivision submitted by the subdivider for approval shall meet
all requirements for a final plat as required by these Regulations. (Ord. G -140, 11-
9 -1971)
14 -3 -2: PRELINI NARY PLAT PROCEDURES:
Except as provided in subsection 14 -3 -1 B of this Chapter, applications for preliminary plat
approvals are subject to the following procedures:
A. The owner or subdivider shall file an application for approval of the preliminary plat with
the Village Clerk. Eighteen (18) copies of the preliminary plat, or such other number as
the Village Clerk may designate by administrative order, and the required filing fee shall
accompany the application.
B. The Village Clerk shall refer all copies of the preliminary plat to the Plan Commission,
and one copy to the Village Engineer, at least fourteen (14) days in advance of the next
meeting of the Plan Commission.
C. The Plan Commission shall notify the owner or subdivider as to the time and place of the
Plan Commission meeting at which he will be afforded an opportunity of being heard.
The Village Engineer shall furnish the Plan Commission a report on his review of the
preliminary plat.
D. The Plan Commission shall approve or disapprove the application for preliminary plat
approval within ninety (90) days from the date of filing the application or the filing by the
applicant of the last item of required supporting data, whichever date is later, unless such
time is extended by mutual consent.
E. When the preliminary plat has been acted upon by the Plan Commission, it shall be
referred to the Village Board. If the Plan Commission approves the plat it shall so
indicate on the plat, and if it disapproves such plat it shall furnish the Village Board and
the applicant a written statement setting forth the reason for disapproval and specifying
with particularity the aspects in which the proposed plat fails to conform to these
standards and official plan. The Village Board shall accept or reject said plat within
thirty (30) days after its regular stated meeting following the action of the Plan
Commission, unless such time is extended by mutual consent.
F. Upon approval of the preliminary plat by the Village Board, the following notice of
approval shall be placed upon the prints thereof, and required signatures affixed:
NOTICE OF APPROVAL OF PRELIMINARY PLAT
Notice is hereby given that the preliminary plat of the subdivision
shomm hereon has received approval by the Village Board of the
Village of Oak Brook, Illinois, and upon compliance by the
subdivider with the following requirements or qualifications, the
Village Board will receive the final plat for consideration, if
submitted by the subdivider within one year in such form as
required by the subdivision regulations ordinance.
The Village Board of the Village of Oak Brook, Illinois
Date
By
President
Attest
Village Clerk
G. The four (4) approved prints of such preliminary plat shall be distributed by the Village
Clerk as follows:
1. One print to the Director of Community Development;
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2. One print to the Village Engineer;
3. One print shall be retained by the Village Clerk for filing; and
4. One print shall be returned to the subdivider.
H. Approval of the preliminary plat by the Plan Commission and Village Board shall be
conditioned upon stipulations as set forth in subsection 14 -3 -2F of this Chapter. (Ord. G-
140, 11 -9 -1971)
14 -3 -3: PRELIMINARY PLAT REQUIREMENTS:
A. Identification And Description:
1. Proposed name of subdivision not duplicating name of any plat heretofore
recorded in DuPage County, Illinois.
2. Location by section, township and range, and by other legal description necessary
to clearly locate and describe the subdivision area.
3. A scale drawing prepared and certified by a registered surveyor showing the
topography, the boundary lines and the area being subdivided drawn to a scale not
smaller than one hundred feet to one inch (1' = 100').
4. Names and addresses of the owner and subdivider having control of the tract and
the surveyor who prepared the plat.
5. North -point (true north).
6. Date of survey and preparation.
B. Existing Conditions:
1. Boundary lines of proposed subdivision in accordance with subsection A3 of this
Section.
2. Total acreage of subdivision.
3. Existing zoning districts in proposed subdivision and adjacent tracts.
4. Location, widths, and names of all existing or previously platted streets or other
rights of way showing type of improvement (if any), railroad and utility rights of
way, parks and other public open spaces, permanent buildings and structures,
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easements, and section and corporate lines within the tract and to a distance of at
least two hundred feet (200') beyond the tract.
5. Location and size of existing sewers, water mains, culverts or other underground
facilities within the tract and to a distance of at least two hundred feet (200')
beyond the tract; also indicating such data as grades, invert elevations and
locations of catchbasins, manholes and hydrants.
6. Location map, drawn to a scale of not less than one inch equals one thousand feet
(1" = 1,000'), showing boundary lines of adjoining unsubdivided or subdivided
land within an area bounded by nearest arterial streets or other natural boundaries,
but not less than one -half (1/2) mile beyond the subdivision boundaries in
subdivisions located beyond the Village limits, identifying type of use and
ownership of surrounding land and showing alignments of existing streets.
7. Topographic data including existing contours at vertical intervals of not more than
two feet (2'), except in unusual topographical conditions such vertical intervals
may be required to be altered as determined by the Village Engineer.
Topographic data shall refer to the United States Geological Survey datum. The
location of watercourses, marshes and other significant features. Soil - boring data
and seepage tests may be required at locations and depths as determined by the
Village Engineer.
S. Locations of or reference to locations of existing monuments or survey markers
used in preparation of survey and grade elevation of each monument and marker.
C. Proposed Subdivision Design Features:
1. The proposed subdivision layout shall be in substantial accord with the Official
Plan as amended from time to time.
2. Layout of streets showing right -of -way widths and street names and showing
proposed through streets extended to boundaries of subdivision. Street names
shall not duplicate the name of an y street heretofore used in the Village or its
environs unless the street is an extension of or in line with an already named
street, in which event that name shall be used.
3. Location and width of alleys, pedestrianways and easements.
4. Layout, numbers, typical dimensions of blocks and lots to the nearest foot and
areas of all lots.
5. Building setback lines, indicating dimensions.
6. The proposed Village of Oak Brook zoning districts for subdivisions to be
annexed.
7. Areas, other than those listed in subsections C2, C3 and C4 of this Section, if any,
intended to be dedicated or reserved for nonresidential purposes, indicating in
each the approximate acreage and proposed use. Such areas shall be designated
by letter or number.
8. Proposed location of sewers, water mains, storm drains and detention facilities,
and proposed method of sewage disposal and water supply.
9. No land which is subject to periodic flooding which lies in flood plain areas as
designated in Title 9 of the Code or which contains inadequate drainage facilities
will be approved for occupancy in a subdivision, unless the subdivider agrees to
make all necessary improvements and agrees to all required covenants which will,
in the opinion of the Village Engineer, Plan Commission and Board of Trustees
make such land safe for occupancy, and provide necessary safeguards for adjacent
property which would be affected by the filling, grading, drainage or other
chances being permitted or required for this subdivision.
10. The proposed location and design of any subdivision gateway.
D. Information Required For Subdivision Involving A Flood Plain: Accompanying the
preliminary plat of each proposed subdivision which involves any portion of a flood plain
as described w ithin Title 9 of the Code, there shall be furnished the information and data
as required within said Title 9. (Ord. G -140, 11 -9 -1971; Ord. G -208, 1 -25 -1977; Ord. G-
223, 9 -27 -1977)
CHAPTER 4
Fh1AL PLAT PROCEDURES AND REQUIREMENTS
14 -4 -1: FINAL PLAT PROCEDURES:
A. Within one year after approval of the preliminary plat by the Village President and Board
of Trustees, the owner or subdivider shall file an application for approval of the final plat
with the Village Clerk. Such application shall be accompanied by the original final plat
inked tracing on linen or mylar, eighteen (18) prints of the final plat or such other number
as the Village Clerk may designate by administrative order, and four (4) copies of all
required supporting data, drawings and documents. The final plat shall retain the design
characteristics of the approved preliminary plat, except that the Village President and
Board of Trustees may require such changes or revisions as are deemed necessary in the
interest and needs of the community in keeping with the provisions of this Title. The
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Village President and Board of Trustees shall refer the application for approval of the
final plat to the Plan Commission for its recommendations and report relative to design
characteristics of the final plat. Preliminary plat approval shall expire unless the final
plat is submitted within one year of the date of the preliminary plat approval unless an
extension of time is granted by the Village Board.
B. In case application for approval of a final plat is made for a part or parts of an approved
preliminary plat, the Village Board may extend the time for application of approval of
final plats for other parts of the approved preliminary plat until later date or dates beyond
the foregoing one -year period.
C. Within sixty (60) days from the date of filing the last required document or other paper or
within sixty (60) days from the date the application for approval of the final plat was filed
with the Village Clerk, whichever date is later, the Village President and Village Board
shall by resolution approve or disapprove such plat. Upon the adoption of the resolution
approving a final plat, the Village Clerk shall certify such approval and affix the
corporate seal of the Village on the final plat.
D. Upon approval by the Village President and Board of Trustees, and receipt of any
remaining required documents, the Village Clerk shall have the plat in final form as
approved by the Village President and Board of Trustees recorded and, on its return to the
Village, have one m)-far or equal transparency made and deliver the plat or transparency
to the subdivider at his option. The cost of recording and the transparency shall be paid
by the subdivider.
E. On recording, one copy of the recorded plat and one set of supporting data shall be
retained in the Village Clerk's files, two (2) sets by the Village Engineer and one
approved set returned to the subdivider. (Ord. G -140, 11 -9 -1971)
14 -4 -2: FINAL PLAT REQUIREMENTS:
A. General: The final plat shall be drawn with black waterproof drawing ink on transparent
linen tracing cloth, or equal, in a manner that clear and legible transparent or contact
prints can be made.
B. Identification And Description:
1. Proposed naive of subdivision.
2. A frill and detailed description of the land embraced in the plat, showing the
township and ranee in which such land is situated, and the sections and parts of
sections platted, and in the case of replatting or resubdividing, a description of the
part of, and the name of, the original plat which is replatted or resubdivided,
containing the name of the town, city, village or addition platted, the name of the
proprietor required to sign the plat and the surveyor making it. If there is any
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excepted parcel within the plat boundary it must be accurately described by
metes, bounds and courses.
3. Scale of plat, one inch equals one hundred feet (1 " = 100') or other scale approved
by the Village Engineer.
4. North point (indicating true north).
5. Date of preparation.
C. Delineation Of Final Plat:
1. Boundary of the plat based on an accurate traverse, with all angular and linear
dimensions shown.
2. All blocks, lots, streets, alleys, crosswalks, easements and setback lines within or
adjacent to the plat, all of which shall have all angular and linear dimensions
given and all radii, internal angles, bearings, points of curvature, tangents and
lengths of all curves so that no dimensions or data are missing which are required
for the future relocation of any of the corners or boundaries of blocks, lots, streets,
etc., as listed above. All dimensions shall be given to the nearest hundredth of a
foot.
3. True angles and distances to the nearest established official monuments, not less
than three (3) of which shall be accurately described on the plat.
4. Municipal, township or section lines accurately tied to the lines of the subdivision
by distances and angles.
5. Block and lot numbers of all blocks and lots. Names of all existing streets and all
streets in the subdivision.
6. Accurate outlines, legal descriptions of any areas to be dedicated or reserved for
public use or for the exclusive use of property owners within the subdivision.
7. Location of all iron stakes and all permanent monuments required by this chapter.
8. Any protective covenants.
9. Statements covering easement provisions.
10. All other information required by state statutes.
14
i
1 R
In addition to all other requirements herein contained, there shall be submitted with the
final plat a document over the signature of the engineer or surveyor, who prepared such
plat, indicating the total square footage of each lot shown on the plat.
D. Certificates: The following certificates shall be on the final plat when submitted:
1. Owner's.
2. Owner's notary.
3. Surveyor.
4. County Clerk's certificate on unpaid taxes.
5. Plat certification by County Board of Supervisors if outside the village.
6. Sanitary district certificate on unpaid assessments (where applicable).
7. Village engineer.
8. Village treasurer.
9. Plan commission.
10. Village board.
11. Recorder.
12. Drainage (where applicable).
13. Highway department (where applicable).
14. Health department (where applicable).
The application for approval of the final plat shall not be deemed completed until all
certificates, other than the village certificates, have been duly executed.
Note: Except as otherwise required by statute, certification on final plats of subdivisions
located in the unincorporated areas within one and one -half (11/2) miles beyond the
village limits shall be those required by the DuPage County subdivision regulations;
except when the Oak Brook subdivision regulations are more restrictive, the applicable
certification contained herein shall also be required.
E. Supporting Documents: The final plat shall be accompanied by the following supporting
documents when submitted:
15
1. Complete plans, specifications and cost estimates of the improvements to be
installed, prepared by a registered professional engineer and based upon the
conditions of approval of the preliminary plans and specifications. Such plans
and specifications shall be approved by the village engineer and other public
officials having jurisdiction and such approval certified on the final plat.
2. Complete plans and specifications of any subdivision gateway prepared by a
registered professional architect and based upon the conditions of approval of the
preliminary plans and specifications. The applicant will have obtained approval
from all governmental agencies having jurisdiction over or rights in the property
on which such subdivision gateway is proposed to be located, other than the
Village, prior to submission of said final plat to the Plan Commission. Plans and
specifications shall be approved by the Village Engineer, Director of Community
Development and other public officials having jurisdiction and such approval
certified on the final plat. (Ord. G -140, 11 -9 -1971; Ord. G -208, 1 -25 -1977; Ord.
G -425, 1 -24 -1939)
14 -4 -3: Construction of Land Improvements:
All land improvements shall be completed by the subdivider in a good and workmanlike manner
in conformance with Village ordinances and standards and in accordance with plans and
specifications approved by the Village Engineer and all obligations of the subdivider shall be
accomplished within three (3) years following the date of the Subdivision Improvement
Agreement unless otherwise modified by the Village Board.
14 -4 -4: Agreements and Performance Guarantee.
A. Subdivision Improvement Agreement: Any owner or subdivider filing an application for
approval of a final plat shall submit a signed Subdivision Improvement Agreement
listing. at a minimum:
1. The land improvements the subdivider proposes to make at his expense; and
2. The time of completion of said land improvements; and
3. That the contractors engaged by the subdivider to construct the land
improvements are to be approved by the Village Engineer and that they are
required to submit evidence of insurance meeting Village requirements; and
4. The method of payment for the land improvements; and
5. That the subdivider post a subdivision security for the construction of the land
improvements and also that the subdivider be responsible for repairs and
corrections which may be required due to failures or faulty construction for one
R
year beyond final acceptance of such land improvements by the Village Board
(maintenance security); and
6. That the one year maintenance security shall be in the amount of fifteen percent
(15 %) of the subdivision security; and
7. These land improvements shall be completed by the subdivider in a good and
workmanlike manner in conformance with Village ordinances and standards and
in accordance with plans and specifications approved by the Village Engineer
within three (3) years following the date of the Subdivision Improvement
Agreement unless otherwise modified by the Village Board; and
3. That all plan review and inspection fees have been paid; and
9. That the following shall be filed with the Village Engineer prior to acceptance of
the land improvements by the Village Board:
a. The original mylar tracings or mylar copies of the improvements drawings
corrected to show all actual as -built improvements; and
b. Electronic files in an electronic format as specified by the Village
depicting the corrected improvement drawings.
Said documents shall be in a form acceptable to the Village Engineer; and
10. A fully executed copy of an agreement between the subdivider and the registered
professional engineer representing the subdivider providing for the design, layout
and inspection of the construction of all land improvements, hydrant benchmark
listing, record drawing generation, and certification after completion.
11. A fully executed copy of an agreement between the subdivider and the registered
land surveyor providing for the surveying services required within Section 14-6 -
3.J of these Regulations.
B. Subdivision Security: As security for the performance by the subdivider of the
subdivider's obligations to complete the installation, construction or maintenance of land
improvements required by these Regulations or to otherwise faithfully perform the
subdivider's undertakings pursuant to these Regulations or a Subdivision Improvement
Agreement, the subdivider shall, prior to recording of the final plat, post a subdivision
security with the Village Clerk. The subdivider shall bear the full cost of securing and
maintaining; said subdivision security. The subdivision security shall include:
1. A schedule, agreed upon by the subdivider and the Village Engineer, for the
completion of the construction of any land improvements required by these
Regulations and/or a Subdivision Improvement Agreement; and
17
2. An irrevocable letter of credit, or such other adequate security as the Village
Engineer may approve, in an amount equal to not less than 110 percent (110 %) of
the estimated probable cost of the following:
a. Construction of any land improvements required by these Regulations
and/or a Subdivision Improvement Agreement; and
b. Providing the necessary record drawings, and
C. Providing the necessary engineering and surveying services that are required
for the above items a. and b.,
which estimated probable cost shall be agreed upon by the subdivider and the
Village Engineer; and
3. A statement signed by the subdivider granting the Village Engineer the right to draw
on the security and the right to enter the development site to complete required work
in the event that work is not completed according to the work schedule and to
prepare the necessary record drawings; and
4. A statement signed by the subdivider that the subdivider shall indemnify the Village
for any additional costs incurred attributable to concurrent activities of or conflicts
between the subdivider's contractor and the Village's remedial contractor at the site.
The subdivision security required by this Section 14 -4 -4 shall be maintained by the
subdivider and shall be held in escrow by the Village until the conditions set forth in this
Title or other applicable provision are satisfied.
Upon completion of major portions of the land improvements, as determined by the
Village Engineer, the Village Board may reduce the amount of that portion of the
subdivision security covering such land improvements completed, but such reduction
shall not be more that an amount equal to 85 percent (85 %) of their portion of the
subdivision security.
After approval of record drawings, a final inspection by the Village Engineer determines
that all work has been completed, and all obligations of the subdivider have been
accomplished, not more than 85 percent (85 %) of the subdivision security may be released.
A minimum of 15 percent (15 %) of the subdivision security shall be retained providing for
the subdivider to be responsible for repairs and corrections which may be required due to
failures or faulty construction for a period of time not to exceed:
1. One year after acceptance of the land improvements by the Village Board, if the
development involves no wetland mitigation; or
18
2. Five years after acceptance of the land improvements, if the development involves
wetland mitigation.
C. Letters of Credit:
1. Letters of credit posted pursuant to these Regulations shall be in a form
satisfactory to the Village.
2. Each letter of credit shall be from an institution:
a. Acceptable to the Village; and
b. Having capital resources of at least ten million dollars ($10,000,000), or
such other amount acceptable to the Village; and
C. With an office in the Chicago Metropolitan Area; and
d. Insured by the Federal Deposit Insurance Corporation.
3. Each letter of credit shall, at a minimum, provide:
a. That it shall not be canceled without the prior written consent of the
Village Engineer; and
b. That it shall not require the consent of the subdivider prior to any draw on it
by the Village Engineer; and
C. That the letter of credit provider shall provide not less than forty-five (45)
days written notice prior to the expiration of the letter of credit to the Village
Engineer. Notwithstanding the expiration date stated on the letter of credit,
the letter of credit shall not expire without said forty -five (45) day written
notice; and
d. That, if at any time it will expire within 45 or any lesser number of days, and
if it has not been renewed, and if any applicable obligation of the developer
for which its security remains uncompleted or is unsatisfactory, then the
Village Engineer may, without notice and without being required to take any
further action of any nature whatsoever, call and draw down the letter of
credit and thereafter either hold all proceeds as security for the satisfactory
completion of all such obligations or employ the proceeds to complete all
such obligations and reimburse the Village for any and all costs and
expenses, including legal fees and administrative costs, incurred by the
Village, as the Village Engineer shall determine; and
19
e. That, if at any time the Village Engineer determines that the funds
remaining in the letter of credit are not, or may not be, sufficient to pay in
full the remaining unpaid cost of all land improvements, sediment and
erosion control measures, record drawings, or engineering and surveying
services, then, within ten (10) days following a demand by the Village
Engineer, the developer shall increase the amount of the letter of credit to
an amount determined by the Village Engineer to be sufficient to pay such
unpaid costs. Failure to so increase the amount of the security shall be
grounds for the Village Engineer to draw down the entire remaining
balance of the letter of credit; and
f. Acknowledgement before a notary public; and,
g. Penal sum in accordance with Section 14- 4 -3.B; and
h. Expiration date (four (4) years from the date of the Subdivision
Improvement Agreement); and
i. Description of land improvements to be constructed; and
j. For the record drawings and engineering and surveying services; and
k. For repairs and corrections which may be required due to failures or faulty
construction; and
1. Such other provisions as may be required by the project.
4. If at any time the Village Engineer determines that the institution issuing the letter of
credit is Mthout capital resources of at least $10,000,000, is unable to meet any
federal or state requirement for reserves, is insolvent, is in danger of becoming any
of the foregoing, or is otherwise in danger of being unable to honor such letter of
credit at any time during its term, or if the Village Engineer otherwise reasonably
deems the institution to be insecure, then the Village Engineer shall have the right to
demand that the developer provide a replacement letter of credit from an institution
satisfactory to the Village Engineer. Such replacement letter of credit shall be
deposited with the Village Engineer not later than ten (10) days following such
demand. Upon such deposit, the Village Engineer shall surrender the original letter
of credit to the developer.
5. If the developer fails or refuses to meet fully any of its obligations under these
Regulations, then the Village Engineer may, in his or her discretion, draw on and
retain all or any of the fluids remaining in the letter of credit. The Village Engineer
thereafter shall have the right to take any action he or she deems reasonable and
appropriate to mitigate the effects of such failure or refusal, and to reimburse the
Village from the proceeds of the letter of credit for all of the Village's costs and
20
expenses, including legal fees and administrative expenses, resulting from or
incurred as a result of the subdivider's failure or refusal to fully meet its obligations
under these Regulations. If the funds remaining in the letter of credit are insufficient
to repay fully the Village for all such costs and expenses, and to maintain a cash
reserve equal to the required letter of credit during the entire time such letter of
credit should have been maintained by the subdivider, then the subdivider shall,
upon demand of the Village Engineer therefor, immediately deposit with the Village
Engineer such additional funds as the Village Engineer determines are necessary to
fully repay such costs and expenses and to establish such cash reserve.
14 -4 -5: Village Clerk Approval of Final Plat.
The Village Clerk shall not certify the approval of the Village Board on the final plat until the
required plan review and inspection fees have been paid, the improvement plans and
specifications have been approved by the Village Engineer, the Subdivision Improvement
Agreement is approved, the required subdivision security has been filed, and written evidence
from any governmental agencies, if other than the Village, filed showing their willingness,
ability and agreement to accept and maintain all applicable dedicated areas or improvements.
14 -4 -6: VILLAGE ENGINEER'S SERVICES AND FEES:
The Village Engineer shall review the improvement plans and specifications, confer with the
subdivider's engineers and make periodic inspection during construction of all required land
improvements to assure compliance with the requirements of this Title. The fee for this work will
be paid by the owner or subdivider in accordance with the resume of fees as otherwise
established by separate ordinance by the Village. The fees shall be due and payable following
approval of the final plat and prior to recording of the final plat. (Ord. G -140, 11 -9 -1971; Ord.
G -289, 3 -24 -1981)
14 -4 -7: SCHOOL CONTRIBUTIONS:
In the case of the subdivision of land into two (2) or more lots or upon approval of a planned unit
development for residential purposes and as a condition of approval of a final plat of subdivision,
each owner or subdivider thereof will be required to dedicate land for school purposes to serve
the immediate and future needs of the residents of the subdivision for school facilities, or in lieu
of actual land dedication, a cash contribution, or a combination of land and cash, all in
accordance with the following criteria and formula; provided, that any lot already improved with
a single - family dwelling after a subdivision or resubdivision of land shall not be subject to these
criteria and formula:
A. Requirement And Population Ratio: The number of students to be generated by a
subdivision shall bear directly upon the amount of land required to be dedicated for
school sites. This land dedication requirement shall be determined by obtaining the ratio
of.
21
1. The estimated number of children to be generated in each school classification by
the subdivision over
2 The maximum recommended number of students to be served in each school
classification as stated herein, and then applying that ratio to 3)
3. The minimum recommended number of acres for a school site for each school
classification as stated herein.
The product thereof shall be the number of acres of land deemed needed for school site
purposes to serve the needs of the children in each school classification generated by the
subdivision.
B. School Classifications
And Size Of School Site:
For purposes of this Title, school
classifications and the
size of school sites within
the Village shall be determined in
accordance with the following
criteria:
Minimum Number
Maximum Number
Of Acres Of
School
Of Students For
Land For Each
Classification
Each Such School
School Site Of
By Grades
Classification
Such Classification
Elementary Schools,
Grades Kindergarten
through 5
600
11
Junior High Schools,
Grades 6 through 8
900
19
High Schools, Grades
9 through 12
2,300
48
C. Location Sites: The standards adopted by the affected school district shall be used as a
guideline in locating sites.
D. Criteria For Requiring Cash Contribution In Lieu Of Land Dedication: When a
subdivision is small and the resulting acreage too small to be practical, or when the
available land is inappropriate for school site purposes, or when the owner or subdivider
shall otherwise agree with an involved school district or other such public body with
jurisdiction, the Village shall require or permit the owner or subdivider to make a cash
contribution in lieu of the required land dedication under this Title. Such cash
contributions shall be paid to the appropriate school district or other public body having
jurisdiction over schools in the area in which the particular subdivision is located, to be
held in trust by such school district or public body solely for use in the acquisition of land
22
for facilities, or the construction of new facilities, or the addition to existing facilities, to
serve the immediate or future school needs of the residents of the subdivision, or for the
improvement of any existing school site that already serves such needs, except that when
an owner or subdivider shall otherwise reach agreement with an involved district as
hereinbefore referred to, then any cash contributions shall be paid and used as provided in
said agreement. In the event any portion of a cash contribution made under the
provisions of this Title is not expended for the purposes expressed in this Title within ten
(10) years from the date of payment, it shall be refunded to such owner or subdivider who
made the contribution; provided, however, that all earnings on investment of such funds
during said period shall accrue to and become the property of the particular school district
or public body. A condition to the payment of such cash contributions shall be the
execution by the receiving body and the delivery thereof to the Village of an agreement
in form acceptable to the Village, whereby said receiving body shall defend, save and
hold the Village and its officers, agents and employees harmless from and against all loss,
expense and liability arising out of the payment of such cash contributions and the
intended use thereof under the provisions of this Title.
E. Fair Market Value: Cash contributions in lieu of land shall be based on the fair market
ti clue of the land, improved as specified herein, that otherwise would have been dedicated
for school purposes under the provisions of this Title. The owner or subdivider shall
submit to the Village a current written appraisal prepared by a qualified appraiser
showing fair market value of such improved land. Thereupon, the Village shall make a
determination, which shall be final, of such value. In making this final determination, the
Village shall take into account the information submitted by the owner or subdivider and
such other information as it shall deem pertinent and advisable, including such
information as may be submitted by the affected school district.
F. Criteria For Requiring Both Dedication Of Land And Cash Contribution: It is recognized
that there are occasions in the development of subdivisions when a combination of land
dedication and, partly in lieu thereof, a cash contribution both, shall be necessary and
advisable. These occasions include:
1. When only a portion of the land to be subdivided is proposed as the location of a
school site, that portion of the land within the subdivision situated in the proposed
location shall be dedicated in the manner herein provided, and a cash contribution
in lieu thereof shall be required for any additional land that would have been
required to be dedicated in accord with the provisions of this Title; or
2. When a major portion of the school site has already been acquired and only a
small portion of land is needed to complete the site, such remaining portion shall
be required by dedication, and a cash contribution in lieu thereof for the balance
shall also be required.
G. Student Generation:
23
1. The number of students generated by a residential unit in a subdivision shall be
periodically determined by the Village. In making this determination, the Village
shall take into account the average number of elementary and secondary school
students historically generated by the various residential developments in the
Village for a period of at least five (5) prior years, and such other information as
the Village deems pertinent, including such information as is available from
sources such as the Illinois School Consulting Service, Naperville, Illinois, and
that which may be submitted by the affected school district.
2. The number of students to be generated by each residential unit to be constructed
in the subdivision shall also be determined by the Village and shall be done at the
time of final plat approval and shall be based on the number of lots contained in
the subdivision. The owner or subdivider may file a written objection to the
determinations of the Village made in the manner described above in which event
the owner or subdivider of the subdivision shall submit his own demographic
study showing the student population to be generated by the subdivision.
Thereupon, the Village shall make a determination of the same, which
determination shall be final.
3. It is to be recognized that population densities, student generation figures, age
distribution and local conditions change over the years and the specific formula
for the dedication of land, or in lieu thereof a cash contribution, as herein
provided, is subject to periodic review, as herein contemplated or otherwise, and
amendment as necessary.
4. The number of elementary school children (kindergarten through grade 5) per
residential unit to be utilized shall be 0.35; the number of junior high school
children (grades 6 through 8) per residential unit to be utilized for the same period
shall be 0.30; and the number of secondary school children (grades 9 through 12)
per residential unit to be utilized for the same period shall be 0.30.
H. Topography Of Sites: The slope, topography and geology of a dedicated site as well as
its surroundings must be suitable for its intended purpose.
I. Improved Sites: All sites shall be dedicated fully improved in the mariner prescribed
under the ordinances, rules and regulations of the Village as applicable to the location of
the site, or acceptable provision made therefor. (Ord. G -140, 11 -9 -1971; Ord. G -226, 2-
14 -1978; Ord. G -515, 7 -27 -1993)
J. Any dedication and contributions required by this Section 14 -4 -7 shall also be required as
a condition to the annexation of any land to the Village ad provisions therefore shall be
incorporated in any pre - annexation agreement governing such land.
14 -4 -6: RECORDING OF FINAL PLATS:
24
Upon approval of a final plat of subdivision by resolution of the corporate authorities, as
provided in subsection 14-4-IC of this Chapter, the subdivider shall within six (6) months
thereof submit to the Village the plat and all other documentation required pursuant to said
resolution and this Title. Failure to comply with this provision shall render such approved final
plat as null and void, unless an extension is granted by the Village. (Ord. G -140, 11 -9 -1971;
Ord. G -324, 6 -8 -1982)
CHAPTER 5
ORA3 DISTRICT IMPROVEMENTS
14 -5 -1: GENERAL REQUIREMENTS:
Before commencing development of any tract or parcel of land in an ORA3 District, the owner
shall submit an improvement plan to be acted upon by the Village authorities in accordance with
the requirements set forth in this Chapter. (Ord. G -238, 9 -26 -1978)
14 -5 -2: IMPROVEMENT PLAN PROCEDURES:
A. Subsequent to the approval of an ORA3 District development plan for a tract or parcel of
land in accordance with Title 13, Chapter 10, Article C of the Zoning Ordinance, and
prior to applying for building or other permits, the owner shall file with the Village Clerk,
together with the required filing fee, an application for approval of an improvement plan
for all or a portion of the proposed development. The development may be divided into
several improvement phases and shall be so divided if the time for full implementation
thereof is expected to exceed four (4) years. No work shall be included in an
improvement plan unless it can, under normal circumstances, be completed within four
(4) years and completion within such period is planned. Applications shall be
accompanied by an original inked tracing on linen or mylar, eighteen (18) prints of the
proposed improvement plan, or such other number as the Village Clerk may designate by
administrative order, and four (4) copies of all required supporting data, drawings and
documents. The proposed improvement plan shall be consistent with the approved
development plan. The Village Board shall refer the application for approval of ,the
proposed improvement plan to the Plan Commission for its recommendations and report.
B. The Village Clerk shall refer seventeen (17) copies of the proposed improvement plan to
the Plan Commission, and one copy to the Village Engineer at least twenty -one (21) days
in advance of the next meeting of the Plan Commission.
C. The Plan Commission shall notify the owner as to the time and place of the Plan
Commission meeting at which he will be afforded an opportunity of being heard. The
Village Engineer shall furnish the Plan Commission a report on his review of the
proposed improvement plan.
25
D. The Plan Commission shall recommend approval or disapproval of the improvement plan
within ninety (90) days from the date of filing the application or the filing by the
applicant of the last item of required supporting data, whichever date is later, unless such
time is extended by mutual consent.
E. When the proposed improvement plan has been acted upon by the Plan Commission, it
shall be referred to the Village Board. If the Plan Commission recommends approval of
the plan, it shall so indicate on the plan; and if it recommends disapproval of the plan, it
shall furnish the Village Board and the applicant a written statement setting forth the
reason for disapproval and specifying, with particularity, the aspects in which the
proposed plan fails to conform to these standards and the approved development plan.
The Village Board shall approve or disapprove said plan within thirty (30) days after its
first regular meeting following the action of the Plan Commission.
F. Recommendation for approval of the proposed improvement plan by the Plan
Commission, and approval by the Village Board, may be conditioned upon compliance
with such stipulations as they may deem necessary and proper.
G. Upon approval of the improvement plan in final form by the Village Board, and the
receipt of any remaining required documents, the Village Clerk shall certify such
approval on the plan and have one mylar or equal transparency made and deliver the plan
or transparency to the owner at his option. The cost of the transparency shall be paid by
the owner.
H. On certification, one copy of the approved improvement plan, together with one set of
supporting data, shall be retained in the Village Clerk's files, two (2) complete sets
retained by the Village Engineer and one complete set returned to the owner. (Ord. G-
238, 9 -26 -1978)
14 -5 -3: IMPROVEMENT PLAN REQUIREMENTS:
A. General: The improvement plan shall be drawn with black waterproof drawing ink on
transparent linen tracing cloth, or equal, in such a manner that clear and legible
transparent or contact prints can be made.
B. Identification And Description: The improvement plan shall include:
1. Location by section, township and range and by other legal description necessary
to clearly locate and describe the entire tract described in the approved
development plan which includes the area to be improved.
2. A scale drawing prepared and certified by a registered surveyor showing the
topography, the boundary lines and the area of the tract as a whole and of the part
26
thereof to be improved drawn to a scale not smaller than one hundred feet to one
inch 0" = 100').
3. Names and addresses of the owner of the tract and of the surveyor who prepared
the plat.
4. North point (true north).
5. Date of survey and preparation.
C. Existing Conditions:
1. The improvement plan shall include:
a. Boundary lines of the entire tract of land included in the approved
development plan.
b. Total acreage of the tract.
C. Existing zoning classifications of adjacent tracts.
d. Boundary lines of each part of the tract showing those areas reserved for
open space and those reserved for buildings and parking under the
approved development plan.
e. Location, widths and names of all existing or previously approved streets
or other rights of way showing type of improvement (if any), utility rights
of way, parks and other public open spaces, permanent buildings and
structures, easements and section and corporate lines within the tract and
to a distance of at least two hundred feet (200') beyond the tract.
f. Location map, drawn to a scale of not less than one inch equals one
thousand feet (1" = 1,000'), showing boundary lines of adjoining
unsubdivided or subdivided land within an area bounded by the nearest
arterial streets or other natural boundaries, identifying the type of use and
ownership of such surrounding land and showing the alignments of all
existing streets and boundaries.
g. Location and size of existing sewers, water mains, culverts and other
underground facilities within the tract and to a distance of at least two
hundred feet (200') beyond the tract, also indicating such data as grades,
invert elevations and locations of catch basins, manholes and hydrants.
h. Topographic data including existing contours at vertical intervals of not
more than two feet (2'), except in unusual topographical conditions such
27
vertical intervals may be required to be altered as determined by the
Village Engineer. Topographic data shall refer to the United States
Geological Survey Datum and shall show the location of watercourses,
marshes and other significant features. Soil boring data and seepage tests
may be required at locations and depths as determined by the Village
Engineer.
i. Locations of, or reference to, locations of existing monuments or survey
markers used in preparation of survey and grade elevations of each
monument and marker.
2. The improvement plan shall be accompanied by:
a. A copy of the approved development plan and each prior approved
improvement plan for the tract, all certified by the Village Clerk.
b. As -built drawings for all land improvements on the tract completed
pursuant to prior approved improvement plans.
C. When the proposed improvement plan contains less than the entire tract
included in the development plan, the improvement plan shall also be
accompanied by preliminary drawings indicating any proposed extension
of land improvements in areas of the development plan not yet included in
an approved improvement plan.
d. When an improvement plan or plans have previously been approved for
the tract or any part thereof, the application shall show:
(1) All improvements approved in earlier improvement plans.
(2) The extent to which those improvements have been completed.
(3) A summary of floor area ratio, open space, structure heights and
off - street parking for each such phase.
D. Proposed Improvement Design Features: The proposed improvement plan shall:
1. Be in substantial accord with the approved development plan.
2. Indicate the layout of private streets showing proposed pavement widths and
street names. Street names shall not duplicate the name of any street heretofore
used in the Village or its environs unless it is an extension of, or in line with, an
already named street, in which event that name shall be used.
28
.e
3. Indicate the location and width of bicycle and bridle paths, pedestrianways and
easements.
4. Indicate the exact location, heights and square footage of floor area of proposed
buildings and parking areas.
5. Indicate building setback lines, where applicable, indicating dimensions.
6. Indicate the proposed location of sewers, water mains, storm drains and
detention facilities, and proposed methods of sewage disposal and water supply.
7. No land which is subject to periodic flooding, which lies in flood plain areas as
designated in Title 9 of the Code, or which contains inadequate drainage facilities,
will be approved for occupancy in an improvement plan; unless the owner agrees
to make all necessary improvements and agrees to all required covenants which
will, in the opinion of the Village Engineer, Plan Commission and Village Board,
make such Iand safe for occupancy and provide necessary safeguards for adjacent
property which would be affected by the filling, grading, drainage or other
changes being permitted or required for this improvement.
S. All streets (private or public) and easements within or adjacent to the property
included in the plan shall have all angular and linear dimensions given and all
radii, internal angles, bearings, points of curvature, tangents and lengths of all
curves reflected so that no dimensions or data are missing which may be required
for the future relocation of any of the corners or boundaries of streets and
easements. All dimensions shall be given to the nearest hundredth of a foot.
9. Accurate outlines and legal descriptions of any areas to be dedicated or reserved
for public use within the tract.
10. The proposed location of any entrance structures and landscaping intended to
identify the development and provide an entranceway or entranceways to the
development.
11. The general design and development standards of Chapter 6 of this Title shall
govern all ORA3 development, except for the following parts: subsections 14-6 -
3A2, E, F and H of this Title, all of which are waived.
E. Information Required For Development Involving A Flood Plain: Accompanying the
first improvement plan for each development which involves any portion of a flood
plain as described within Title 9 of the Code, there shall be furnished the information
and data as required within said Title 9.
F. Supporting Documents: The improvement plan shall be accompanied by the following
supporting documents when submitted:
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1. Final plans, specifications and cost estimates prepared by a registered professional
engineer for all planned land improvements including a detailed grading plan.
The Village Engineer and other public officials having jurisdiction shall approve
such plans and specifications provided that they comply with all applicable
requirements of the Village, and such approval shall be certified on the
improvement plan.
2. Complete plans and specifications of any development gateway prepared by a
registered professional architect, and based upon the conditions of approval of
the development plan. The applicant will have obtained approval from all
governmental agencies having jurisdiction over, or rights in, the property on
which such gateway is proposed to be located, other than the Village of Oak
Brook, prior to submission of said improvement plan to the Plan Commission.
Plans and specifications shall be approved by the Village Engineer, Director of
Community Development and other public officials having jurisdiction provided
that they comply with all applicable requirements of the Village, and such
approval certified on the improvement plan.
3. A draft of all necessary or advisable covenants and easements acceptable in form
and substance to the Village Board.
4. An Improvement Plan Agreement signed by the owner listing the following:
a. The land improvements the owner proposes to construct at his expense,
the time of their completion and the method of payment for such
construction.
b. The amount, method and time of payment of any agreed reimbursement by
the owner to the Village for such improvements necessitated by the
development to be constructed by the Village.
C. Additional requirements:
(1) The method of selection of contractors to be engaged by the owner,
provision for the Village Engineer's review and approval of said
contractors, provision requiring that the improvements be
completed in accordance with plans and specifications approved by
the Village Engineer within four (4) years following the approval
of the improvement plan by the Village Board, and provision
requiring them to submit evidence of insurance covering their
employees.
(2) That all inspection fees are paid.
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(3) That one set of specifications and the original tracings or mylar
copies of the improvement drawings, corrected to show all actual
as -built improvements, shall be filed with the Village Engineer
prior to acceptance of the improvements by the Village Board.
d. Standard documents to be filed shall include two (2) signed copies of an
agreement between the owner and the registered professional engineer
representing the owner providing for the design, layout and inspection of
the construction of all improvements to be constructed by the owner,
hydrant benchmark listing, record drawing generation, certification after
completion, and a statement and bond in the amount of fifteen percent
(15 %) of the cost of the public improvements to be constructed by the
owner, providing for the owner to be responsible for repairs and
corrections which may be required due to failures or because of, or on
account of, faulty construction for one year beyond final acceptance of
such improvements by the Village Board.
5. A detailed landscaping plan as required under the provisions of the Zoning
Ordinance to be approved by the Village Board.
G. Completion Bond: A completion bond shall be posted by the owner with the Village
Clerk prior to the Village Clerk's certification of the approval of the improvement plan.
Such completion bond shall be in a penal sum sufficient to cover the cost of the public
improvements to be constructed by the owner and executed by a surety acceptable to the
Village Board, or in lieu of bond, a deposit of cash, or other security or undertaking
acceptable to the Village Board. If a completion bond or other guarantee is posted, there
should be a good and sufficient surety thereon, approved as to form by the Village
Attorney and conditioned upon the installation of said public improvements, and payment
of inspection fees, within four (4) years following the approval of the improvement plan.
If cash or other security is deposited, it may be used to defray the cost of making such
improvements as provided in an agreement between the Village and the owner accepting
a said deposit as complying herewith. Such agreement shall provide that no payments shall
be made from the cash or other security deposited without the joint consent of the Village
Engineer and the owner. Any unused balance will be returned to the depositor after
acceptance of the public improvements by the Village. There shall be no reduction of
that portion of the bond or other guarantee or deposit applying to a particular
improvement unless, and until, that improvement is complete and accepted or approved
by the Village Board; except that upon the completion of major portions of the work, as
determined by the Village Engineer, the Village Board may reduce the amount of that
portion of the bond or other guarantee or deposit covering such public improvements
completed, but such reduction shall not be more than an amount equal to ninety percent
(90 %) of the estimated cost. The completion bond shall be acknowledged before a notary
public by the principal and surety, and shall include the following provisions:
1. A penal sum in accordance with the foregoing provisions of this subsection.
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2. Irrevocably bind the principal, surety, their heirs, executors, administrators or
assigns, jointly and severally.
3. Completion date of public improvements to be constructed by the owner.
4. Description of public improvements to be constructed by the owner.
5. Provide for construction of the improvements in a good and workmanlike manner
in conformance with the ordinances and standards of the Village and in
accordance with the approved plans and specifications.
6. Provide for repairs and corrections which may be required due to failures or faulty
construction.
7. Payment of all inspection fees.
3. Such other provisions as may be required by the Village.
In addition to these requirements in this subsection G, security requirements of Title 9 of
the Code shall also apply.
1 1. Village Clerk Certificate: The Village Clerk shall not certify the approval of the Village
Board on the improvement plan until the required bond or deposit has been filed, and
,,witten evidence from an y governmental agencies, if other than the Village, filed showing
their willinaness, ability and agreement to accept and maintain all applicable dedicated
areas or improvements.
I. Village Engineer's Services And Fees:
1. The Village Engineer shall review the land improvement plans and specifications,
confer with the owner's engineers and make periodic inspections during
construction of all required land improvements to assure compliance with the
requirements of this Title. The fee for this work will be paid by the owner in
accordance with Sections 1 -14-1 E3 and 1 -14 -1 E4 of the Code. The fee shall be
due and payable following approval of the improvement plan and prior to
certification of the plan by the Village Clerk.
2. Upon completion of the land improvements, the owner's registered professional
engineer responsible for the improvement plans shall file the as -built mylar
tracings of the improvement drawings with the Village Engineer and shall file a
certificate with the Village Clerk stating all construction has been completed in
accordance with the plans and specifications and meets the requirements of
applicable Village ordinances. As -built drawings shall also include the
requirements of Section 14 -6 -3B4 of the Code. Upon satisfactory completion of
32
the work and receipt of these, the Village Engineer shall submit a statement to the
Village Board recommending acceptance of said improvements by the Village.
Upon receipt of this statement and acceptance of the improvements by the Village
Board, the improvements shall be considered complete and the improvement
bonds or deposits released, as applicable.
J. Definition: For purposes of subsections F4d and G of this Section, the term "public
improvement" shall mean land improvements that are to be owned and maintained by the
Village or other governmental body, after completion of construction, and in addition,
other land improvements that are privately owned which, if not completed, may adversely
affect other properties, such as but not limited to on -site storm water detention ponds, and
bicycle pathways. (Ord. G -140, 11 -9 -1971; Ord. G -238, 9 -26 -1978; Ord. G -289, 3 -24-
1981)
K. Any improvements to be constructed shall also be governed by Title 9 of the Code as
they relate to stormwater facilities. In case of conflict between this Chapter 5 and Title 9,
Title 9 shall govern.
CHAPTER 6
GENERAL DESIGN AND DEVELOPMENT STANDARDS
14 -6 -1: CONFORMANCE REQUIRED:
All subdivision plans shall conform to design standards that will encourage good development
patterns and adhere to the goals and standards which are generally exhibited in the official plan.
The streets, drainage, rights of way, school sites, public parks, playgrounds and other public
facilities that are shown on the officially adopted comprehensive plan and/or official map shall
be considered in the subdivision plat. Every subdivision approved shall be in harmony with all
applicable sections of the Zoning Ordinance of the Village including any amendments. (Ord. G-
1407 11 -9 -1971)
14 -6 -2: DESIGN STANDARDS:
A. Block Layout:
1. In determining the shape and size of blocks, existing topographic features, basic
street system and traffic plan, areas designated for public and other nonresidential
land use, and the minimum lot areas and dimensions required by the Village
Zoning Ordinance for the applicable zoning area shall be considered.
2. In residential subdivisions, the maximum length of blocks shall be two thousand
six hundred forty (2,640) lineal feet. No blocks shall be less than nine hundred
33
(900) lineal feet in length unless approved by the Plan Commission. In
nonresidential subdivisions, maximum length of blocks shall be as approved by
the Plan Commission.
Where a subdivision borders upon or is traversed by a thoroughfare and frontage access is
necessary, frontage roads (on one or both sides of such thoroughfare) shall be provided as
needed.
B. Lot Design Standards:
I. Lots shall abut on a street. Flag or interior lots shall not be permitted unless after
review by the Village Engineer, Plan Commission, and Board of Trustees, a
determination is made that the land in question cannot be reasonably developed in
any other way. When a flag or interior lot is permitted, the arch of any such lot
which is used for access shall not be construed as the front yard of said lot nor
shall the access area be used to satisfy any other yard, setback or minimum lot
area requirement as set forth in the zoning ordinance, and said access area shall be
a minimum of twenty feet (20') in width except when the Plan Commission may
deem additional width to be necessary.
2. Side lines of lots should be approximately at right angles to straight streets and on
radial lines on curved streets. Very irregular lots should be avoided.
3. Through lots should be avoided except that in Residential districts along
thoroughfares, lots shall face on the interior street with a no vehicular access area
along such thoroughfares. Through lots in all ORA (including 0) and all
Business districts shall meet such special access requirements as the Village
Board on recommendation of the Plan Commission may require.
4. Minimum lot areas, dimensions and setback lines shall conform to the provisions
of the Zoning Ordinance for the district in which the subdivision is located within
the corporate limits of the Village. Lot sizes in those areas outside the corporate
limits shall be in conformance with the applicable ordinances regulating lot sizes
outside the corporate boundaries. Where a water supply system or a sanitary
sewer system is not available, the minimum lot area shall meet the requirements
set forth in subsection 14 -6 -3B3 of this Chapter.
5. Wherever retail stores are to be located, it is recommended that a unit shopping
center based on sound development standards be designed in contrast to the
platting of lots for individual commercial use.
6. Corner residential lots shall be of sufficient width to permit appropriate setbacks
from both streets.
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7. Lots abutting upon watercourses, drainageways, channels or streams shall have an
additional depth or width as required by the Plan Commission if necessary to
provide adequate acceptable building sites.
8. Where a subdivision is traversed by a natural watercourse, there shall be provided
a drainage easement, granted to the Village of Oak Brook if within the Village or
to the County of DuPage if outside the Village conforming substantially with the
flood plain areas bordering such watercourse. The flood plain areas shall be as
determined by the Village Engineer in accordance with Title 9 of the Code. Such
easement shall include access for the purpose of maintenance of such
watercourse.
C. Public Use Areas: When an area of land for public use (in addition to streets, alleys,
pedestrianways and utility easements) shall be required by the Plan Commission to be
located in whole or in part in a subdivision, the subdivider shall designate on the
preliminary plat and final plat that such land is reserved for public use.
D. Topography:
1. In the subdivision of any lands, due regard shall be shown for all natural features
such as large trees, watercourses, topography and other elements which, if
preserved, would add attractiveness to the proposed development.
2. Consideration should be given to varying the building setback lines for a
subdivision in order to retain large trees, use existing topography, and add
variety of appearance.
3. Land that is subject to periodic flooding cannot be developed unless it complies
with the standards established in subsection 14 -3 -3C9 of this Title.
4. No construction shall take place within the areas subject to flooding as depicted
upon the flood hazard maps, except where appropriate exhibits and documents are
prepared and approved for use in the flood plain in accordance with Title 9 of the
Code. (Ord. G -140, 11 -9 -1971; Ord. G -425, 1 -24 -1989)
14 -6 -3: LAND IMPROVEMENT STANDARDS:
The following improvements and standards for those improvements are hereby required for all
subdivisions in the planning jurisdiction area of the Village:
A. Streets: A paved street system designed and constructed in accordance with Village
standards shall be installed to serve all lots in the subdivision.
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1. Comply With Official Plan: Street layout shall be in accordance with the official
plan of the Village and environs, or Federal, State or County authorities having
jurisdiction, whichever has the greater requirements.
2. Width: Minimum right -of -way and pavement widths shall be as follows:
*Additional width may be required by the Village Board on recommendation of the Plan
Commission if deemed necessary to carry projected traffic loads when recommended by the
Village Engineer and applicable County and State agencies.
a. Half Streets: Half streets shall be prohibited except where essential to the
reasonable development of the subdivision in conformity with the other
requirements of these regulations and where the Village Board finds it will
be practicable to require the dedication of the other half when the
adjoining property is subdivided.
Wherever an existing or dedicated half street is adjacent to a tract being
subdivided, the other half of the street shall be platted within such tract.
b. Pavement Widths: Pavement widths given are face -to -face of curbs.
C. Roadway Pavements: Roadway pavements in cul -de -sacs shall have a
minimum diameter, measured from faces of the outside curb or outside
edges of roadway pavement of one hundred twenty feet (120'). Roadway
pavements in T -type or other variations of the circular -type terminus may
3 6
Thoroughfares
Collector
Local
Frontage Roads
Streets
Streets
ROW WIDTH
100'
80'
65'
40' residential
50' nonresidential
Residential
2 @ 24'*
32'
27'
27'
Alternate
Pavement
2 @ 20
Width
2 @ 24'*
40'*
32'
32'
Nonresidential
Alternate
2 P, 20'
Separate turn lanes
required for all left
turn movements
Median Strip
18' recommended
Optional (10'
Optional
10' minimum
min. if used)
(10' min. if
8' min. P turn lanes)
used)
*Additional width may be required by the Village Board on recommendation of the Plan
Commission if deemed necessary to carry projected traffic loads when recommended by the
Village Engineer and applicable County and State agencies.
a. Half Streets: Half streets shall be prohibited except where essential to the
reasonable development of the subdivision in conformity with the other
requirements of these regulations and where the Village Board finds it will
be practicable to require the dedication of the other half when the
adjoining property is subdivided.
Wherever an existing or dedicated half street is adjacent to a tract being
subdivided, the other half of the street shall be platted within such tract.
b. Pavement Widths: Pavement widths given are face -to -face of curbs.
C. Roadway Pavements: Roadway pavements in cul -de -sacs shall have a
minimum diameter, measured from faces of the outside curb or outside
edges of roadway pavement of one hundred twenty feet (120'). Roadway
pavements in T -type or other variations of the circular -type terminus may
3 6
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be as approved by the Village Board on recommendation of the Plan
Commission on a temporary basis.
3. Curbs And Gutters: Curbs and gutters shall be required and installed in
accordance with the Village standards and specifications in all subdivisions,
provided that this requirement may be waived by the Village Board for good
cause shown by the owner. The Plan Commission, when making its
recommendations to the Village Board, shall state whether or not in its opinion
such requirement should be waived.
4. Street Gradients:
Minimum all streets 0.5%
Maximum minor residential 9.0%
Maximum all other 5.0%
5. Alignment Of Minor Streets: Minor streets should be so aligned that their use by
through traffic will be discouraged.
6. Street Jogs: Street jogs with center line offsets of less than one hundred twenty
five feet (125') shall not be permitted.
7. Intersections: All street intersections should be at or near right angles avoiding
acute angles.
An intersection of more than two (2) streets shall be avoided unless specific
conditions of design preclude a different layout.
8. Residential Alleys: Alleys are not permitted in any residentially zoned areas.
B. Water Distribution System: A water distribution system designed and constructed in
accordance with Village standards and requirements shall be installed to serve all
properties within the subdivision and shall include water mains, fittings, fire hydrants
with auxiliary valves, valves and valve vaults and water service lines to property line for
each lot.
1. System layout shall conform with the long range water plans of the Village of
Oak Brook. All mains shall be a minimum of six inch (6 ") diameter.
2. Fire hydrants with auxiliary valves and valve boxes shall be installed at intervals
not to exceed three hundred feet (300') and not less than four feet (4') from the
edge of street pavement.
3. Upon satisfactory construction and adjustment of all proposed fire hydrants, the
developer shall have a registered land surveyor ascertain and list the elevation of
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either the arrow on the hydrant bonnet or the letters "WE" on the bonnet flange
of each fire hydrant. These elevations shall be based on USGS datum as currently
used within the Village of Oak Brook as determined by the Village Engineer.
Said list shall be certified as correct by the registered land surveyor and submitted
to the Village Engineer prior to the acceptance of the land improvements by the
Village.
C. Sanitary Sewer System: Sanitary sewer lines including house service sewer stubs to the
property line for each lot shall be installed to adequately service all property in the
subdivision.
1. Sanitary sewer layout shall conform to the long range sanitary sewer plans of the
Village.
2. Design and construction of sanitary sewers shall conform to the design criteria
adopted by the Illinois Environmental Protection Agency.
3. All sanitary sewers will be checked on completion by closed circuit TV in
accordance with the requirements of the Village Engineer. Complete written
reports will be submitted to the Village Engineer for permanent records. This
work will be the responsibility of and at the expense of the developer. Records
shall include complete sets of photographs, sewer size, type, location, location of
any faults, unsatisfactory joints and grade, all services, etc.
D. Storm Drainage System: Storm Water drainage systems shall be designed and
constructed to service the entire subdivision to carry off eater from all sump pumps,
inlets, catch basins, or open drainageways, and be connected with an adequate outfall.
The storm drainage system shall be separate and independent of the sanitary sewer
system. It shall consist of sewers, manholes, inlets, catch basins and other necessary
facilities to adequately drain the subdivision, protect roadway pavements, and prevent
standing water except in designed retention basins.
1. Storm sewer system shall conform to the long range needs of the Village. The
storm sewer system shall be designed and installed to meet the requirements for
seN,rer construction of the Village.
2. The amount of runoff from the proposed improvement shall not exceed the
existing capacity of downstream outfall or the increased capacity of downstream
outfall as improved.
3. All runoff in excess of that amount carried by the downstream outfall shall be
stored safely without damage to public or private property.
4. Storm water drainage and detention systems shall meet the requirements of Title 9
of the Code.
38
E. Sidewalks: Paved sidewalks shall be installed on both sides of each street, provided that
this requirement may be waived by the Village Board for good cause shown by the
owner. The Plan Commission, when making its recommendations to the Village Board,
shall state whether or not in its opinion such requirement should be waived.
Sidewalks shall have a minimum width of five feet (5') and be constructed in accordance
with standard requirements of the Village.
F. Street Lighting System: A street lighting system shall be installed on all streets within
the subdivision, designed and constructed in accordance with the lighting standards as
adopted by the Village, unless waived by the Village Board for residential subdivisions.
The Plan Commission, when making its recommendations to the Village Board, shall
state whether or not in its opinion such requirements should be waived or modified.
G. Public Utilities:
1. All utility distribution lines, including, but not limited to, telephone, electric and
gas service in the subdivision, shall be placed underground.
2. Underground telephone, electric and gas service shall be placed within easements
or dedicated public ways in a manner which will not conflict with other
underground services. All transformer boxes and service posts shall be located so
as not to be unsightly or hazardous to the public.
H. Signs: Street signs shall be furnished and erected to identify every street within the
subdivision and shall be so designed and constructed as to conform with Village
standards6.
I. Grading, Landscaping, and Sediment and Erosion Control:
1. A grading, landscaping, and sediment and erosion control plan shall be submitted
for all property within the subdivision. Except for the traveled portions of areas
designated as rights of way or as bicycle and pedestrian pathways, all areas shall
be graded, seeded and planted in accordance with the approved grading,
landscaping, and sediment and erosion control plan. Such plan shall conform to
the standards set forth in Title 9 of this Code.
2. Street trees should be provided by the subdivider along all streets where trees do
not exist. Trees should be of approved species at least two and one -half inch (2
1/2 ") caliper, spaced not more than forty feet (40') apart, and planted in
accordance with Village standards.
3. Median strips shall be planted with trees and shrubs in accordance with a
landscaping plan approved by the Village Board and Village Engineer.
39
xl
•
4. The shoreline of all lakes shall be protected by use of a nonerodible material or
appropriate bioengineering technique.
J. Monuments And Markers:
1. Permanent monuments consisting of steel pipes or bars not less than three -
quarters of an inch (3/4 ") in diameter and thirty six inches (36 ") long incased in
concrete at least four inches (4 ") in diameter and thirty six inches (36 ") long shall
be located at the four (4) extreme corners of the subdivision.
2. Markers consisting of steel pipe or bars not less than three - quarters of an inch
(3/4 ") in diameter and thirty inches (30 ") long shall be located as follows:
a. At all points where lot lines intersect street right -of -way lines.
b. At all angles in the lot property lines and at the beginning and end of all
curves in the property lines.
C. At all other lot corners.
d. In the case of a private street without a dedicated right of way, at all points
where lot lines intersect street easement lines or an offset from street
easement lines of a dimension approved by the Village Engineer and
specified on the final plat.
3. Monuments and markers should be provided by the subdivider and so placed that
the center point should coincide with the intersection of lines to be marked and
the top level with the surface of the surrounding ground after final grading.
K. Easements: Utility distribution or transmission installations serving the subdivision, and
storm water drainageways shall be located in easements as designated on the subdivision
plat of record. Such easements shall be located along the rear lot lines or side lot lines.
They shall occupy not less than the rear ten feet (10') of lot depth on each lot and not less
than six feet (6) adjacent to side lot lines. Additional easements at other locations on the
lot or additional widths may be required for specific conditions by the Village Engineer.
L. Subdivision Gateways:
1. May be located in the right of way of a street providing access to a subdivision
(hereinafter referred to as an "access street ") and on the right of way of the
collector street into which such street connects, provided that the subdivision
gateway does not extend more than sixty feet (60') from the center line of the
access street at the point where said center line intersects right of way of said
collector street and that said subdivision gateway is located on the right of way
40
between the roadway and the subdivision. The subdivision gateway may be
located on the access street right of way provided it conforms to all applicable
ordinances, rules and regulations of the Village.
2. Must be located twelve feet (12') or more from the back of the curb or edge of the
pavement, if there is no curb, of the above described streets, except that portions
thereof not more than forty two inches (42 ") above the ground may be located not
less than seven feet (7') from the back of the curb or edge of the pavement, if there
is no curb, of the above described street.
3. Must be three feet (3') or more from the nearest lot line of the nearest buildable
lot.
4. Structures shall be not more than fifteen feet (15') in height.
5. Shall provide an acceptable sight distance and safe pathway for pedestrian and
bicycle access as determined by the Village Engineer. Such pathways shall be at
least six feet (6) wide on one or both sides of the above described street.
6. May be located on a median in the access street provided the portion on such
median is not more than forty two inches (42 ") above the ground.
7. May have lettering not exceeding twelve inches (12 ") in height attached thereto
identifying the subdivision, excluding the subdivision logo.
8. May include guardhouses and bays if such structures are not located in a right of
way and provide adequate stacking of vehicles, screening and adequate sight -
distance as determined by the Village Engineer.
9. Must be maintained by the developer or successor homeowners pursuant to
covenants running with the land acceptable to the Village Board. The developer
or homeowners shall be responsible for all costs or increases in costs, incurred by
public utilities or public bodies in carrying out their public duties, if such costs, or
increases in costs, result from the existence of said subdivision gateway.
10. May be removed by the Village at the developers' or homeowners' expense upon
thirty (30) days' notice if said subdivision gateway is not being maintained to the
satisfaction of the Village Board. The cost of such removal shall constitute a lien
against the land in the subdivision for the benefit of the Village.
11. If illuminated, should be illuminated so that passing traffic can readily identify
these entrances as an aid in judging turning movements, as opposed to high
intensity lighting.
41
M. Flood Control: The following rules shall govern the design of land improvements with
respect to floodplains:
1. General: All proposed subdivision and other developments, within the flood
plain, shall be reviewed to assure that the proposed developments are consistent
with the need to minimize flood damage, that all public utilities and facilities
(such as sewer, gas, electrical, and water systems) are located and constructed to
minimize or eliminate flood damage and that adequate drainage is provided.
2. Design: Streets, blocks, depths of lots, parks and other public grounds shall be
located and laid out in such a manner as to preserve and utilize natural streams,
channels and detention basins. Whenever possible, the larger streams and flood
plains shall be included within parks or other public grounds.
3. The requirements of Title 9 of the Code as they relate to development within
floodplains shall be followed.
4. Street Pavements: The crown of street pavements hereafter constructed in flood
plains shall not be lower than the established base flood elevation plus one foot
(1') in the case of collector or higher classification streets and plus zero feet (0') in
the case of local streets.
5. Rear Lot Lines: Whenever the plans call for the passage of floodwaters, surface
runoff, or excess storm water along rear lot lines, the grading of all such lots shall
be prescribed and established as part of the subdivision plat. Within these
floodwav areas so designated for the passage of such waters, no structure or
fences may be erected, no shrubbery or trees may be planted, and no changes may
be made to the prescribed grades and contours of the specified floodx -ater or
stormwater runoff channels.
6. Manholes: All sanitary sewer manholes constructed in a flood plain must have a
rim elevation of a minimum of three feet (3') above the base flood elevation or
shall have waterproof covers.
7. Water Supply And Sanitary Sewer Systems: The design of water supply and
sanitary sewer systems to be located in the flood plain shall minimize or eliminate
the discharges from the system into the floodwaters and the infiltration of
floodwaters into the system. On -site waste disposal systems shall be located so as
to avoid impairment of them or contamination from them during or subsequent to
the 100 -year flood. (Ord. G -140, 11 -9 -1971; Ord. G -208, 1 -25 -1977; Ord. G -223,
9 -27 -1977; Ord. G -300, 7 -28 -1981; Ord. G -303, 9 -8 -1981; Ord. G -425. 1 -24-
1989)
14 -6 -4: RECORD DRAWINGS, ENGINEER'S CERTIFICATION, SURVEYOR'S
CERTIFICATION, AND ACCEPTANCE OF IMPROVEMENTS:
42
A. Record Drawings: Upon completion of the land improvements, the subdivider's
registered professional engineer responsible for the improvement plans shall take the
original mylar improvement plans or mylar copies and correct them to show all actual as-
built improvements, shall create electronic files in an electronic format as specified by the
Village depicting the corrected improvement drawings, and shall supply them to the
Village Engineer.
B. Engineer's Certification: Upon completion of the land improvements, the subdivider's
registered professional engineer responsible for the improvement plans shall file a
certificate with the Village Engineer stating that all construction has been completed in
accordance with the plans and specifications approved by the Village and meets the
requirements set forth by the Village.
C. Surveyor's Certification: Upon completion of the land improvements, the subdivider's
surveyor responsible for the required surveying services shall file a certificate with the
Village Engineer stating that all requirements of Section 14 -6 -3J have been completed.
D. Acceptance of Improvements: Upon completion of all required land improvements as
determined by the Village Engineer and submission of
1. Evidence of payment in full for all work acceptable to the Village Attorney; and
2. Mylar record drawings and electronic record drawings; and
3. The engineer's certification; and
4. The surveyor's certification; and
5. The hydrant benchmark listing,
the Village Engineer shall submit a statement to the Village Board indicating the
satisfactory completion of the subdivider's obligations and recommending acceptance of
said improvements by the Village. Upon receipt of this statement and acceptance by the
Village Board, the improvements shall be considered complete and the subdivision
security reduced to fifteen percent (15 %) of its original amount and remain in force for
one (1) year as a maintenance security to insure that the subdivider repairs and corrects
any land improvement failures or faulty construction.
CHAPTER 7
ADMINISTRATION AND ENFORCEMENT
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14 -7 -1: COMPLIANCE WITH REGULATIONS:
A. Subdivision Regulations: No plat of any subdivision shall be recorded in the Recorder's
Office of DuPage County or have any validity until it shall have been approved in the
manner prescribed in these Regulations.
B. Building Codes And Other Applicable Ordinances: No permit shall be issued by any
official for the construction of any building, structure or improvement to land or any lot:
1. Within a subdivision, as defined herein, prior to recording of the final plat
therefor; or
2. Within a tract for which an improvement plan is required, prior to certification of
the approval of the improvement plan by the Village Clerk pursuant to Section
14 -5 -2G.
C. Occupancy Permits: No occupancy permit shall be granted by any official for the use of
any structure within a subdivision approved for platting or replatting until required utility
facilities have been installed and made ready to service the property; and provided further
that roadways providing access to the subject lot or lots have been constructed or are in
the course of construction and are suitable for vehicular traffic. (Ord. G -140, 11 -9 -1971;
Ord. G -238, 9 -26 -1978)
14 -7 -2: PLAT FEES:
A. Preliminary Plat Filing: Fees for preliminary plats shall be as stated in Chapter 14 of
Titel 1 of the Code.
B. Final Plat Filing: Fees for final plats shall be as stated in Chapter 14 of Title 1 of the
Code.
C. Final Plat Recording: The subdivider shall pay the Village the recording fees and the
cost of printing any required copies.
D. Engineering Review And Inspection: Fees for in review and inspection of improvements
shall be as stated in Chapter 14 of Title 1 of the Code. (Ord. G -140, 11 -9 -1971; Ord. G-
289, 3 -24 -1981)
14 -7 -3: RECORD OF PLATS:
All of such plats of subdivisions, after the same have been submitted, approved and recorded as
provided by statute and in these Regulations, shall be filed and kept by the Village Clerk among
the records of the Village. (Ord. G -140, 11 -9 -1971)
14 -7 -4: VARIATIONS AND AMENDMENTS:
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A. Variations: The Plan Commission may recommend variations from the requirements of
this Title in specific cases which, in its opinion, are in harmony with the intent and
purpose of the Official Plan of the Village and in harmony with the spirit and intent of
these Regulations. Such recommendations shall be communicated to the corporate
authorities and, where the land affected lies outside the corporate limits, to the
appropriate governing authorities of DuPage County. The Village President and Board of
Trustees may approve variations from these requirements for subdivisions within the
Village limits or for those where the land affected lies within one and one -half (1 1 /2)
miles of the limits of the Village, when, in its opinion, such variations will not be
contrary to the purpose or intent of the Official Plan and the spirit and intent of this Title.
B. Amendments: These Regulations may be amended by the Village Board from time to
time. The Plan Commission shall hold a public hearing, due notice of which shall be
given, on proposed amendments. Upon completion of the public hearing, the Plan
Commission shall make written recommendation to the President and Board of Trustees
for the Board's consideration. (Ord. G -140, 11 -9 -1971)
14 -7 -5: CERTIFICATES:
The certificates required for the various procedures contained in this Title are those certain
certificates on file in the office of the Village Clerk and by this reference made a part of this Title
as if incorporated in full herein. (Ord. G -140, 11 -9 -1971; 2000 Code)
14 -7 -6: VIOLATION; PENALTY:
Anyone violating any of the provisions of this Title shall, upon conviction, be fined as prescribed
in the general penalty in Section 1 -3 -1 of this Code for each violation, and each day that such
violations continues shall be deemed to be a separate offense. (Ord. G -140, 11 -9 -1971)
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