CHAPTER 34 

 

SUBDIVISION CODE 

 

ARTICLE I 

 

GENERAL PROVISIONS 

 

 

 34-1-1 TITLE. These regulations shall be known as and may be referred to 
as the Subdivision Code. 

 

 

 34-1-2 PURPOSE. In accordance with State law (Ill. Comp. Stats., Chap. 
65, Secs. 5/11-12-5, 5/11-12-8 -- 5/11-12-12; Chap. 765, Sec. 205/1 et seq.) this Code 
regulates the subdivision and development of land in order to implement the 
Comprehensive Plan and Official Map duly adopted by the City. Thus this Code assists in 
achieving the following specific objectives: 

 (A) to preserve, protect, and promote the public health, safety, and 
welfare; 

 (B) to provide a pleasant living environment by furthering the orderly and 
efficient layout and use of land and by facilitating aesthetic urban design; 

 (C) to establish accurate legal records, to avoid development in wetland 
areas, and to avoid legal and other problems by requiring that subdivided land be properly 
monumented and recorded; 

 (D) to conserve and increase the value of land, improvements, and 
buildings throughout the City; 

 (E) to preserve the natural beauty and topography of the City to the 
maximum feasible extent, including preservation of such features as stands of trees, 
streams, significant archaeological sites, and historical landmarks; 

 (F) to provide adequate light, air, and privacy for all residents of new 
developments by preventing undue concentration of population; 

 (G) to protect against injury or damage caused by fire, pollution, flooding, 
storm water runoff, or erosion and sedimentation; 

 (H) to provide safe and convenient access to new developments and to 
avoid traffic congestion and unnecessary public expenditures by requiring the proper 
location, design, and construction of streets and sidewalks; 

 (I) to provide an environment whereby the cost of installing and 
maintaining adequate water mains, sanitary sewers, storm water sewers, and other utilities 
and services can be kept at a minimum; and 

 (J) to ensure that adequate parks, schools, and similar facilities can be 
made available to serve the residents. 


 34-1-3 JURISDICTION. The provisions of this Code shall apply to all 
Planned Developments whether Residential, Commercial, or otherwise in nature, and to 
any other developments whether a Plat is required or not under the law, statutes, 
ordinances or regulations of the governmental body or agency having jurisdiction or 
control, and regardless of whether the same is labeled a subdivision or not, it being the 
intent of this Code to apply to all types of development, both within the City and to areas 
lying within one and one-half (1.5) miles of the corporate limits of the City. 

 

 

 34-1-4 INSTANCES WHEN PLATS WILL NOT BE REQUIRED. The 
provision of these regulations do not apply and no plat is required in any of the following 
instances: 

 (A) the division or subdivision of land into parcels or tracts of five (5) 
acres or more in size which does not involve any new streets or easements of access or 
special utility easements; 

 (B) the division of lots or blocks of less than one (1) acre in any recorded 
subdivision which does not involve any new streets or easements of access or special 
utility easements; 

 (C) the sale or exchange of parcels of land between owners of adjoining 
and contiguous land; 

 (D) the conveyance of parcels of land or interests therein for use as a 
right-of-way for railroads or other public utility facilities and other pipelines which does not 
involve any new streets or easements of access or special utility easements; 

 (E) the conveyance of land for highway or other public purposes or 
grants or conveyance relating to the dedication of land for public use or instruments 
relating to the vacation of land impressed with a public use; 

 (F) conveyance made to correct description in prior conveyances; 

 (G) the sale or exchange of parcels or tracts of land following the division 
into no more than two (2) parts of a particular parcel or tract of land recorded on or before 
July 17, 1959 and not involving any new streets or easements of access or add special 
utility easements; 

 (H) the conveyance of land owned by a railroad or other public utility 
which does not involve any new streets or easements of access or special utility 
easements; 

 (I) the sale of a single lot of less than five (5) acres from a larger tract 
when a survey is made by a registered surveyor; provided, however, that this exemption 
shall not apply to the sale of any subsequent lots from the same larger tract of land, as 
determined by the dimensions and configuration of the larger tract existing as of October 
1, 1973. 

 

 

 34-1-5 INTERPRETATION. Every provision of this Code shall be construed 
liberally in favor of the City, and every regulation set forth herein shall be 


considered the minimum requirement for the promotion of the public health, safety, and 
welfare. 

 (A) More Restrictive Requirements Apply. Whenever the 
requirements of this Code differ from those of any statute, lawfully adopted ordinance or 
regulation, easement, covenant, or deed restriction, the more stringent requirement shall 
prevail. Thus, in accordance with State law whenever this Code imposes higher standards 
than the County Subdivision Code, said higher standards shall supersede the County 
regulations in the unincorporated territory located within the City's subdivision jurisdiction. 
(See 65 ILCS Sec. 5/11-12-11) 

 

 

 34-1-6 DISCLAIMER OF LIABILITY. 

 (A) Except as may be provided otherwise by statute or ordinance, no 
officer, council member, agent, or employee of the City shall render himself personally 
liable for any damage that may accrue to persons or property as a result of any act 
required or permitted in the discharge of his duties under this Code. (See "Local 
Governmental and Governmental Employees Tort Immunity Act," Ill. Comp. Stats., 
Chap. 745, Secs. 10/1-101.) 

 (B) Any suit brought against any officer, council member, agent, or 
employee of the City, as a result of any act required or permitted in the discharge of his 
duties under this Code, shall be defended by the City Attorney until the final determination 
of the legal proceedings. 

 

 

 34-1-7 REVIEW AND EXPIRATION. This Code shall be reviewed by the 
Plan Commission every ten (10) years for necessary amendments. 


ARTICLE II 

 

DEFINITIONS 

 

 

 34-2-1 INTERPRETATION OF TERMS. In construing the intended meaning 
of terminology used in this Code, the following rules shall be observed: 

 (A) Unless the context clearly indicates otherwise, words and phrases 
shall have the meanings respectively ascribed to them in Section 34-2-2; terms not 
defined in Section 34-2-2 shall have the meanings respectively ascribed to them in the 
City's Zoning Code; if any term is not defined either in Section 34-2-2 or in the Zoning 
Code, said term shall have its standard English dictionary meaning. 

 (B) Words denoting the masculine gender shall be deemed to include the 
feminine and neuter genders. 

 (C) Words used in the present tense shall include the future tense. 

 (D) Words used in the singular number shall include the plural number, 
and vice versa. 

 (E) The word "shall" is mandatory; the word "may" is discretionary. 

 (F) Captions (i.e., titles of sections, subsections, etc.) are intended 
merely to facilitate general reference and in no way limit the substantive application of the 
provisions set forth thereunder. 

 (G) References to sections shall be deemed to include all subsections 
within that section; but a reference to a particular subsection designates only that 
subsection. 

 (H) A general term that follows or is followed by enumerations of specific 
terms shall not be limited to the enumerated class unless expressly limited. 

 

 

 34-2-2 SELECTED DEFINITIONS. 

 

Administrator: The official appointed by the Mayor and the City Council to administer the 
Subdivision and Development Code. 

 

Alley: A public right-of-way which affords a secondary means of vehicular access to the 
side or rear of premises that front on a nearby street, and which may be used for utility 
purposes. 

 

Amendment: A change in the provisions of this code, properly effected in accordance with 
State law and the procedures set forth herein. 

 

Area, Building: The total of areas taken on a horizontal plane at the main grade level of 
the principal building and all accessory buildings exclusive of unenclosed patios, terraces, 
and steps. 


Area, Gross: The entire area within the lot lines of the property proposed for 
subdivision/development, including any areas to be dedicated/reserved for street and alley 
rights-of-way and for public uses. 

 

Area, Net: The entire area within the boundary lines of the territory proposed for 
subdivision, less the area to be dedicated for street and alley rights-of-way and public use. 

 

Arterial Street: A street designed or utilized primarily for high vehicular speeds or for 
heavy volumes of traffic on a continuous route with intersections at grade, and on which 
traffic control devices are used to expedite the safe movement of through traffic. 

 

Barrier (Natural or Artificial): Any street, highway, river, pond, canal, railroad, levee, 
embankment, or screening by a fence or hedge. 

 

Block: An area of land entirely bounded by streets, highways, barriers, or rights-of-ways 
(except alleys, pedestrian ways, or exterior boundaries of a subdivision unless exterior 
boundary is a street, highway, or R.O.W.) or bounded by a combination of streets, public 
parks, cemeteries, railroad rights-of-way, waterways, or corporate boundary lines. 

 

Building: Any structure, whether temporary, semi-permanent, or permanent, designed or 
intended for the support, enclosure, shelter or protection of persons or property. 

 

Building Line: See Setback Line. 

 

Catch Basin: A receptacle, located where a street gutter opens into a storm sewer, 
designed to retain matter that would not easily pass through the storm sewer. 

 

Centerline: 

 (A) the centerline of any right-of-way having a uniform width; 

 (B) the original centerline, where a right-of-way has been widened 
irregularly; 

 (C) the new centerline, whenever a road has been relocated. 

 

Centerline Offset: The distance between the centerline of two roughly parallel streets, 
measured along the third street with which both said "parallel" streets intersect. 

 

Cluster Development: A subdivision planned and constructed so as to group housing 
units into relatively dense patterns while providing a unified network of open space and 
wooded areas, and meeting the requirements of the Subdivision Code and the Zoning 
Code. 


Collector Street: A street which carries or is proposed to carry intermediate volumes of 
traffic from local streets to arterial streets and which may or may not be continuous. 

 

Common Land: That land set aside for open space or recreational use for the owners of 
the lots of a subdivision, which land is conveyed by the developer in fee simple absolute 
title by warranty to trustees whose trust indenture shall provide that said common land be 
used for the sole benefit, use and enjoyment of the lot owners present and future. No lot 
owner shall have the right to convey his interest in the common land except as an incident 
of the ownership of a regularly platted lot. 

 

Comprehensive Plan: The plan or any portion thereof adopted by the City Council to 
guide and coordinate the physical and economic development of the City. The City's 
Comprehensive Plan may include, but is not limited to, plans and programs regarding the 
location, character, and extent of highways, bridges, public buildings or uses, utilities, 
schools, residential, commercial, or industrial land uses, parks, drainage facilities, etc. 

 

Cross-slope: The degree of inclination measured across a right-of-way rather than in the 
direction traffic moves on said right-of-way. 

 

Cul-de-Sac: A short minor local street having only one outlet for vehicular traffic and 
having the other end permanently terminated by a turn-around for vehicles; the term may 
also be used to refer solely to said turn-around. 

 

Curb and Gutter, Integral: The rim forming the edge of a street plus the channel for 
leading off surface water, constructed of concrete as a single facility. 

 

Dedicate: To transfer the ownership of a right-of-way, parcel of land, or improvement to 
the City or other appropriate government entity without compensation. 

 

Density, Gross: The total number of dwelling units divided by the total project area, 
expressed as gross dwelling units per acre. 

 

Density, Net: The total number of dwelling units divided by the net acreage. See 
definition of Area, Net. 

 

Design: The arrangement of uses on the land and the arrangement of easements, lots 
and rights-of-way, including specifications of materials, alignment, grade and width of 
these elements. 

 

Develop: To erect any structure or to install any improvements on a tract of land, or to 
undertake any activity (such as grading) in preparation therefor. 

 

Dimensions: Refers to both lot depth and lot width. 


District, Zoning: A portion of the territory of the City wherein certain uniform requirements 
or various combinations thereof apply to structures, lots, and uses under the terms of the 
City's Zoning Code. 

 

Drainageway: A watercourse, gully, dry stream, creek, or ditch which carries storm water 
runoff or which is fed by street or building gutters or by storm water sewers, or which 
serves the purpose of draining water from the lands adjacent to such watercourse, gully, 
dry stream, creek, or ditch. 

 

Easement: A grant by the property owner to the public, a corporation, or a person of the 
use of land for limited and specifically named purpose. 

 

Escrow Deposit: A deposit in cash or other approved securities to assure the completion 
of improvements within a subdivision. 

 

Filing Date: The date that the applicant has filed the last item of required data or 
information with the City Clerk and has paid the necessary fees for review by the Plan 
Commission. 

 

Flood Hazard Area: All land subject to periodic inundation from overflow of natural 
waterways. 

 

Frontage: The lineal extent of the front (street-side) of a lot. 

 

Frontage Road: A minor street fronting on an arterial street or highway (usually a limited 
access highway), used for access to abutting lots. 

 

Grade: The degree of inclination of the site or right-of-way, expressed as a percentage. 
Synonym for "slope." 

 

Hillside Area: An area with an average slope of twenty percent (20%) or more. 

 

Improvement: Refers to site grading, street work and utilities (including water, sewer, 
electric, gas, storm water, telephone and cable television) to be installed or agreed to be 
installed by the subdivider on land to be used for public or private streets, and easements 
or other purposes as are necessary for the general use of lot owners in the subdivision. 
Including the furnishing of all materials, equipment, work and services such as 
engineering, staking and supervision, necessary to construct all the improvements 
required in Article V of the Code or any other improvements that may be provided by the 
subdivider. All of such materials, equipment and services shall be provided at the 
subdivider's cost and expense, although he may enter into a contract with individuals and 
firms to complete such improvements, and the improvements shall be subject to the final 
approval of the Plan Commission and the City Council. 


Improvement Plans: The engineering plans showing types of materials and construction 
details for earth moving and for the structures and facilities to be installed both in, or in 
conjunction with, a subdivision. Plans must include drainage, streets, alleys and utility 
locations to be installed in or in conjunction with a subdivision - also, include overall 
drainage plan and its effect on contiguous land and source of effluent or discharge. 

 

Inlet: A receptacle, located where surface and/or groundwater can run to by gravity to be 
received by the storm sewer. 

 

Intersection: The point at which two or more public rights-of-way (generally streets) meet. 

 

Land Use Plan: The comprehensive long-range plan for the desirable use of land, the 
purpose of such plan being, among other things, to serve as a guide to the zoning and 
progressive subdividing and use of undeveloped land. 

 

Local Street: A street serving limited amounts of residential traffic, and for access to 
abutting property, and on which the speed limit is low and the traffic volume minimal. 

 

Lot: A tract of land intended as a unit for the purpose (whether immediate or future) of 
development or transfer of ownership. A "lot" may or may not coincide with a "lot of 
record." 

 

Lot Area: The area of a horizontal plane bounded by the front, side, and rear lines of a lot, 
exclusive of any land designated for street right-of-way. 

 

Lot, Butt: A lot at the end of a block and located between two (2) corner lots. 

 

Lot, Corner: A lot having at least two (2) adjacent sides that abut for their full length 
upon streets. Both such side lines shall be deemed front lot lines. 

 

Lot Depth: The mean horizontal distance between the front end and the rear lot lines 
measured in the general direction of the side lot lines. 

 

Lot, Interior: A lot whose side lines do not abut any street. 

 

Lot Line, Front: The line separating the lot from the street. On a corner lot, the front lot 
line shall be the frontage having the least dimension. 

 

Lot Line, Rear: The rear lot line is the lot line most nearly parallel to and most remote 
from the front lot line. 


Lot Line, Side: Any lot line other than front or rear lot line. A corner side lot line 
separating a lot from a street is called a street side lot line. A side lot line separating a lot 
from another lot or lots is called an interior side lot line. 

 

Lot of Record: An area of land designated as a lot on a plat of subdivision recorded with 
the County Recorder of Deeds in accordance with State law. 

 

Lot, Through: A lot having a part of approximately parallel lot lines that abut two (2) 
approximately parallel streets. Both such lot lines shall be deemed front lot lines. 

 

Lot Width: The mean horizontal width of the lot measured at right angle to the general 
direction of the side lot lines. 

 

Maintenance Bond: A surety bond, posted by the developer and approved by the City, 
guaranteeing the satisfactory condition of installed improvements for the one-year period 
following their dedication. 

 

Master Development Plan: A combination of maps, drawings, site plans, charts and 
supportive narrative material that portrays total development to be achieved in the overall 
project area; which provides sufficient detailed information to both illustrate and describe 
the intended character and configuration of development to be accomplished. 

 

Metes and Bounds: A description of real property which is not described by reference to 
a lot or block shown on a map, but is described by starting at a known point and 
description of the lines forming the boundaries of the property or delineates a fractional 
portion of a section, lot or area by describing lines or portions thereof. 

 

Official Map: A graphic statement of the existing and proposed capital improvements 
planned by the City which require the acquisition of land--such as streets, drainage 
systems, parks, etc. 

 

Owner: A person having sufficient proprietary interest in the land sought to be subdivided 
to commence and maintain proceedings to subdivide the same under these regulations. 

 

Parking Lane: An auxiliary lane of a street and primarily used for vehicular parking. 

 

Pedestrian Way: A right-of-way dedicated to public use which cuts across a block to 
facilitate safe pedestrian access to adjacent streets and properties. 

 

Performance Bond: A surety bond posted by the developer and approved by the City, 
guaranteeing the installation of required improvements within, or in conjunction with, a 
subdivision. 


Person: Any agent, individual, firm, association, partnership, corporation, syndicate or 
trust. 

 

Plan Commission: The Plan Commission of the City. 

 

Planned Unit Development (PUD): A planned unit development is a comprehensively 
planned development containing residential, commercial, industrial, or other land uses on 
an area of land under continuing unified control. A planned unit development may contain 
a single type of land use or combination of land uses provided that such development is 
reviewed, evaluated and approved by the City and satisfies the requirements contained 
herein. 

 

Plans: All of the drawings including plats, cross-sections, profiles, working details and 
specifications, which the subdivider prepares or has prepared to show the character, 
extent and details of improvements required in this Code and which plans shall conform to 
any requirements of the Plan Commission as to scale and details for submittal to the 
approval officials of the City for consideration, approval or disapproval. 

 

Plat, Final: The final engineering and architectural maps, drawings, and supporting 
material indicating the subdivider's plan of the subdivision which, if approved, may be filed 
with the County Recorder of Deeds. 

 

Plat, Preliminary: Preliminary engineering and architectural maps, drawings, and 
supportive material indicating the proposed layout of a subdivision. 

 

Project Area: That territory intended to be subdivided or developed, and portrayed and 
defined in the preliminary and final plats. 

 

Reserve: To set aside a parcel of land in anticipation of its acquisition by the City or other 
appropriate government entity for public purposes. 

 

Reserve Strip: A narrow strip of land between a public street and adjacent lots which is 
designated on a recorded subdivision plat or property deed as land over which vehicular 
travel is not permitted. 

 

Re-subdivision: See Subdivision. 

 

Retention Area: An area of land designed to capture water runoff from a developed 
parcel and release it at a specified rate of flow as determined by engineering studies (See 
Section 5-16.4). 

 

Reverse Curve: A curve in a street heading in approximately the opposite direction from 
the curve immediately preceding it so as to form an S-shape. 


Right-of-Way, Public: A strip of land which the owner/subdivider has dedicated to the 
City or other appropriate government entity for streets, alleys, and other public 
improvements; sometimes abbreviated as r.o.w. 

 

Roadbed: The graded portion of a street upon which the base course, surface course, 
shoulders and median are constructed. 

 

Roadway: The entire improved portion of the street, including shoulders, parking lanes, 
travel way, curbs and gutter. 

 

Setback Line: A line that is usually parallel to the front, side or rear lot line establishing the 
minimum space to be provided as the front, side or rear yard. 

 

Sidewalk: A pedestrian way constructed in compliance with the standards of this Code, 
generally abutting or near the curb line of the street. 

 

Slope: The degree of inclination of site or right-of-way expressed as a percentage. 
Synonym for "grade." 

 

Soil and Water Conservation District: The County Soil and Water Conservation District. 

 

Street: A public or private way for motor vehicle travel. The term "street" includes a 
highway, thoroughfare, parkway, through way, road, pike, avenue, boulevard, lane, place, 
drive, court and similar designations, but excludes an alley or a way for pedestrian or 
bicycle use only. 

 

Street, Area Service Highway: Area service highways interconnect collectors and land 
access streets with the principal system and vice versa, brings all developed areas within 
a reasonable distance of principal streets, connects and provides direct access to major 
traffic generators, provides secondary service to smaller communities, may provide access 
to abutting property, and have a medium volume design capacity and travel speeds. 

 

Street, Cul-de-Sac: A short, land-access street, having only one (1) end open for 
vehicular traffic, and the other permanently terminated by a turn-around for vehicles. 

 

Street, Dead-End: Land access streets similar to cul-de-sacs, except that they provide no 
turn-around circle at their closed end, and are not permitted in any proposed subdivision. 

 

Street, Land Access: Land access streets provide access to abutting properties, have a 
relatively short travel distance, and have a low volume design capacity and travel speeds. 


Street, Looped: Land access streets having two (2) open ends, each end generally 
connecting with the same street, no other streets intersecting between its ends, and 
property fronts on both sides of the street. 

 

Street, Marginal Access or Service Road: A land access street parallel and adjacent to 
area service highways providing access to abutting properties. 

 

Structure: Anything constructed or erected which requires permanent or temporary 
location on or in the ground, or is attached to something having a fixed location on or in the 
ground. All buildings are structures but not all structures are buildings (e.g., a fence). 

 

Stub or Butt Street: A street that is temporarily terminated, but that is planned for future 
continuation. 

 

Subdivider: Any person, firm, partnership, association, corporation, estate or other group 
or combination acting as a unit, dividing or proposing to divide land in a manner that 
constitutes a subdivision as defined in this Article. 

 

Subdivision: (1) The division of land into two or more lots or parcels for the purpose of 
either immediate or future sale, rental or building development or use(s) other than 
agricultural use or production. (2) Establishment or dedication of a public street or alley 
through a tract of land regardless of size. The term "subdivision" shall also include all 
re-subdivisions of land or lots. 

 

Subdivision, Minor: A division of land into two (2), but not more than four (4) lots, all of 
which front upon an existing street, not involving new streets or other rights-of-way, 
easements, improvements, or other provisions for public areas and facilities. 

 

Topography: The relief features or surface configuration of an area of land. 

 

Travelway: That portion of a street used for the movement of vehicles, exclusive of 
shoulders and auxiliary lanes. 

 

Vacate: To terminate the legal existence of right-of-way or subdivision, and to so note on 
the final plat recorded with the County Recorder of Deeds. 

 

Variance, Subdivision: A relaxation in the strict application of the design and 
improvement standards set forth in this Code. 

 

Yard, Front: A yard extending across the full width of the lot, the depth of which is set forth 
in the Zoning Code. 


Yard, Rear: A yard extending across the full width of the lot between the nearest rear main 
building and the rear lot lines. The depth of the required rear yard shall be measured 
horizontally from the nearest part of the main building toward the nearest point of the rear 
lot lines. 

 

Yard, Side: A yard between a main building and the side lot line, extending from the front 
yard or front lot lines, where no front yard is required, to the rear yard. The width of the 
required side yard shall be measured horizontally from the nearest point of the side lot line 
toward the nearest part of the main building. 

 

Zoning Code: The Zoning Code of the City. 


ARTICLE III 

 

PLATS AND PLANS 

 

DIVISION I - PRELIMINARY PLATS 

 

 

 34-3-1 GENERAL PROCEDURE. Before preparing a proposed plat for an 
area, the owner, developer, or their representatives should have a pre-application meeting 
with the Plan Commission and/or the City Planner to determine applicable ordinance 
regulations and standards which must be complied with. After the pre-application 
meeting(s), the subdivider should then prepare the preliminary plat. As defined in the 
Subdivision Code, the preliminary plat must contain a substantial amount of data, and will 
thus be incomplete and cannot be considered as filed until all required data are submitted. 
The preliminary plat is received with filing fees by the City Clerk's office, who, in turn, will 
forward the same to the Plan Commission for their review. Following its review (as well as 
comments from other appropriate agencies when required), the Plan Commission 
forwards its recommendation(s) to the City Council, who then either approve, disapprove, 
or approve with modifications the preliminary plat. 

 

 

 34-3-2 FILING PROCEDURE. Except as specifically provided otherwise 
below, every person who proposes to subdivide any land located within the subdivision 
jurisdiction of this municipality shall file six (6) copies of the preliminary plat of said 
subdivision with the City Clerk. 

 He shall also file one (1) copy of the preliminary plat and supporting data with the 
appropriate Soil and Water Conservation District. Said district shall have not more than 
thirty (30) days to submit any comments it might wish to make to the Administrator. (See 
70 ILCS Sec. 405/22.02A) 

 Whenever a large tract is to be developed in stages and only a portion of that tract 
is to be submitted for final plat approval, nonetheless, a Master Development Plan of the 
entire tract shall be submitted. 

 All preliminary plats shall be reviewed and acted upon in accordance with Illinois 
Compiled Statutes, Chapter 65, Section 5/11-12-8 and the provisions of the subsections 
below. 

 

EXCEPTION: The provision of this section shall not apply to: 

 (A) minor subdivisions as defined at Section 34-2-2; or 

 (B) land that is specifically exempted from the Illinois Plats Act as now or 
hereafter amended. (See 765 ILCS Sec. 205/1(B)). 


 34-3-3 INFORMATION REQUIRED. Every preliminary plat shall be 
prepared by an Illinois Registered Land Surveyor at any scale from one inch equals 
twenty feet (1" = 20') through one inch equals one hundred feet (1" = 100') provided 
the resultant drawing does not exceed thirty-six (36) inches square. Each preliminary 
plat shall indicate on its face the following information: 

 (A) small key map showing the relation of the proposed subdivision to 
section or U.S. Survey lines and to platted subdivisions and dedicated roads within three 
hundred (300) feet of the proposed subdivision; 

 (B) names and addresses of the owner, subdivider (if not the owner), and 
registered professional engineer; 

 (C) proposed name of the subdivision; 

 (D) zoning district classification of the tract to be subdivided, and of the 
adjacent land; 

 (E) north arrow, graphic scale, and date of map; 

 (F) the gross and net acreage area of the proposed subdivision, the 
acreage of streets, and of any areas reserved for the common use of the property owners 
within the subdivision and/or for public use; 

 (G) all lot lines adjacent to and abutting the subdivision; 

 (H) tract boundary lines showing dimensions, bearings, angles, and 
references to known land lines; 

 (I) topography of the tract to be subdivided as indicated by two- (2) foot 
contour data for land having slopes of zero-four percent (0-4%), five- (5) foot contour 
data for land having slopes between four-twelve percent (4-12%), and ten- (10) foot 
contour data for land having slopes of twelve percent (12%) or more; 

 (J) any proposed alteration, adjustment or change in the elevation or 
topography of any area; 

 (K) locations of such features as bodies of water, ponding areas, natural 
drainageways, railroads, cemeteries, bridges, parks, schools, etc.; 

 (L) streets and rights-of-way on and adjoining the site of the proposed 
subdivision; showing the names and including street right-of-way and paving widths; 
approximate gradients; types and widths of pavement, curbs, sidewalks, crosswalks, 
planting strips and other pertinent data, including classification of all existing or proposed 
streets as to function as collector, major, minor or county road; 

 (M) a copy of the results of any tests made to ascertain subsurface rock 
and soil conditions and the water table; 

 (N) locations, widths, and purposes of all existing and proposed 
easements; 

 (O) a copy of the description of all proposed deed restrictions and 
covenants; 

 (P) location and size of existing and proposed sanitary and storm sewers; 

 (Q) locations, types, and approximate sizes of all other existing and 
proposed utilities; 

 (R) building setback or front yard lines and dimensions; 


 (S) locations, dimensions, and areas of all parcels to be reserved or 
dedicated for schools, parks/playgrounds, and other public purposes; and 

 (T) locations, dimensions, and areas of all proposed or existing lots 
within the subdivision; 

 (U) information as defined in Section 34-3-4(A). 

 

 

 34-3-4 PLAN COMMISSION ACTION. The Plan Commission shall either 
approve or disapprove the application for preliminary plat approval within sixty (60) days 
from the date of said application or the filing of the last item of required supporting data, 
whichever date is later, unless the Plan Commission and the subdivider mutually agree to 
extend this time limit. If the Plan Commission disapproves the preliminary plat, they shall 
furnish to the applicant within the sixty (60) day period a written statement specifying the 
aspects in which the proposed plat fails to conform to this Code and/or the Official Map. If 
the Plan Commission approved the preliminary plat, they shall inform the City Council that 
action can be taken at the next regularly scheduled City Council meeting. 

 (A) Notice of Meeting. The Plan Commission shall give notice of its 
consideration of any preliminary plat and allow the opportunity to be heard to the following 
person(s) or groups during its preliminary review time span: 

(1) Any person requesting notification of the meeting. 

(2) Any property owner whose property is contiguous to the 
property, including property across the streets, railroads, 
creeks, and similar barriers; said information shall be provided 
by the applicant to the City Clerk's office when filing the plat. 

(3) Any governmental or taxing body which requests notification of 
the meeting. 

 

 

 34-3-5 REVIEW BY CITY COUNCIL; TIME CONSTRAINTS. The City 
Council shall review the preliminary plat, along with the Plan Commission 
recommendations and approve, disapprove or approve subject to certain conditions and/or 
modifications said preliminary plat within thirty (30) days after its next regularly scheduled 
meeting following receipt of the written Plan Commission recommendations, unless 
variances from Zoning Code requirements are needed, in which case, the City Council's 
thirty (30) days commence the day after the Council of Appeals hearing is held, as 
required by the Zoning Code. 

 If the City Council rejects the preliminary plat, their resolution shall specify the 
aspects in which the plat fails to comply with this Code and/or the Official Map. The City 
Clerk shall attach a certified copy of the Council's resolution of approval or disapproval to 
the preliminary plat. One copy of the resolution and plat shall be retained by the Clerk, 
one copy shall be filed with the Administrator, and one copy shall be sent to the subdivider 
by return receipt mail. 


 34-3-6 RIGHTS AND PRIVILEGES OF SUBDIVIDER. Preliminary plat 
approval shall confer the following rights and privileges upon the subdivider: 

 (A) That the preliminary plat will remain in effect for a one (1) year period 
from the day the City Council approves the same. The applicant may, during this period, 
submit all or part or parts of said preliminary plat for final approval. In the event that the 
subdivision is being developed in stages, the applicant may, by written mutual agreement 
with the City Council, have final approval of the last part of the plat delayed for a period not 
to exceed five (5) years from the date of the preliminary plat approval. Any part of a 
subdivision which is being developed in stages shall contain a tract of land at least one (1) 
block in area or five (5) gross acres. 

 (B) That the general terms and conditions under which the preliminary 
plat approval was granted will not be changed for final approval. 

 (C) The applicant may also proceed with any detailed improvement plans 
required for all facilities or utilities intended to be provided. Actual construction of such 
facilities and improvements may commence prior to final plat approval if the detailed 
improvement plans have been recommended by the City Engineer and approved by the 
City Council, provided that such facilities and improvements will be inspected throughout 
their construction, and final plat approval will be contingent in part upon acceptable 
compliance to City improvement and facilities standards. If the applicant does not submit 
the improvement plans prior to the submission of the final plat, then he shall submit the 
improvement plans to the City Clerk's office at the time that the final plat is submitted. 

 

 

 34-3-7 RESERVED. 

 

 

 

 

DIVISION II - IMPROVEMENT PLANS 

 

 

 34-3-8 SUBMISSION OF PLANS. After the City Council has approved the 
preliminary plat, but prior to submission of the final plat, the developer shall furnish six (6) 
copies of the plans and specifications for all improvements to be installed within or in 
conjunction with the proposed development to the City Clerk, pay all associated filing fees 
before review by the City Engineer. These plans and specifications shall be signed and 
sealed by the registered professional engineer responsible for their preparation. Until the 
City Engineer certifies in writing that the proposed improvements conform to generally 
accepted engineering practices and to the standards in this Code: 

 (A) the Administrator shall not issue any building permit to allow 
construction of said improvements; and 

 (B) the City Council shall not act upon the application for final plat 
approval. 


 34-3-9 INFORMATION REQUIRED. Improvement plans shall consist of 
black or blue line prints not larger than thirty-six (36) inches square. These plans and 
the related specifications shall provide all of the following information: 

 (A) topography of the tract, both before and after development at the 
same scale as the approved preliminary plat; 

 (B) existing and proposed elevations along the centerline of all streets; 

 (C) radii of all curves and lengths of tangents on all streets; 

 (D) locations and typical cross-section of street pavements including 
curbs/gutters, catch basins, and inlets; 

 (E) locations and typical cross-section of sidewalks and driveway aprons; 

 (F) locations, sizes, and invert elevations of all existing and proposed 
sanitary sewers, storm sewers, and fire hydrants, showing connections to any existing or 
proposed utility systems; 

 (G) locations and sizes of all water, gas, electric, and other utilities; 

 (H) locations of street lighting standards and street signs; 

 (I) one or more bench marks, when requested by Engineer, in or near 
the subdivision, to which the subdivision is referenced; the identity and elevation shall be 
based on sea level datum; 

 (J) all proposed measures to control erosion and sedimentation; 

 (K) high water elevations of all lakes/streams adjoining or within the tract; 

 (L) such other information as the City Engineer may reasonably require 
to perform his duties under this section; and 

 (M) existing and proposed survey monuments on street plans or on the 
proposed final plat as required by this Code. 

 

 

 34-3-10 INSPECTIONS REQUIRED. The subdivider/developer shall notify 
the Administrator and the Building Commissioner of both the start and completion of 
construction. 

 (A) The Building Commissioner shall inspect said improvements while 
they are under construction. If he or his designated deputy determines that they are being 
built in violation of this Code, he shall request that the Administrator promptly issue a stop 
order. 

 (B) The Building Commissioner and City Engineer shall inspect 
improvements upon their completion. This municipality shall not accept any completed 
improvement until the Building Commissioner and Engineer have stated in writing that it 
complies with this Code. 

 

 

 34-3-11 FILING "AS-BUILT" RECORDS. 

 (A) The subdivider/developer shall file with the Administrator a set of 
reproducible cloth- or polyester-base film positive showing the as-built details and any 


deviations from the approved plans upon the completion of improvements, or when fifty 
percent (50%) of the building permits have been issued in a given plat. 

 (B) The subdivider/developer shall pay the costs to add water, sewer, 
street, and stormwater improvements to the overall City map(s); 

 (C) If the Administrator finds the as-built to be unacceptable, building 
permits shall be discontinued until such time as the information is acceptable. 

 

 

 34-3-12 RESERVED. 

 

 

 

 

DIVISION III 

 

ASSURANCE FOR COMPLETION OF 

REQUIRED IMPROVEMENTS 

 

 

 34-3-13 APPROVAL OF FINAL PLAT - IMPROVEMENTS. The City Council 
shall not approve any final plat of subdivision (and, hence, said final plat shall not be 
entitled to recording) until: 

 (A) all improvements required in the improvement plan have been 
completed by the subdivider/developer at his expense, inspected by the Building 
Commissioner and Engineer, and dedicated to this municipality or other appropriate entity; 
or 

 (B) in accordance with the subsections below, the subdivider/ developer 
has provided this municipality with legal assurance to guarantee the satisfactory 
completion and dedication of all required improvements. 

 

 

 34-3-14 FORMS OF ASSURANCE. At the option of the City Council, the 
required legal assurance may be either a performance bond or an escrow deposit. Every 
performance bond shall be reviewed by the City Attorney, and posted with the City Clerk. 
Any funds to be held in escrow shall be deposited with the City Clerk. 

 

 

 34-3-15 AMOUNT OF BOND OR DEPOSIT. The amount of the performance 
bond or escrow deposit shall be equal to the City Engineer's opinion of probable costs of 
constructing the uncompleted portion of the required improvements plus all required 
inspection fees. Any escrow deposit may be in the form of: 

 (A) cash; 


 (B) an irrevocable letter of credit or commitment from a lending institution 
guaranteeing to this municipality the availability of the escrow funds from time to time upon 
demand; or 

 (C) certificates of deposit, treasury bills, or other readily negotiable 
instruments approved by the City Clerk, and made payable to this municipality. 

 

 

 34-3-16 ELIGIBLE SURETIES. No person shall be eligible to act as surety 
unless he has been approved by the City Clerk. The Clerk shall conduct or cause to be 
conducted spot audits of all sureties. Any surety who fails to perform shall be ineligible for 
two (2) years thereafter to act as surety for any subdivision improvement within this 
municipality's jurisdiction. 

 

 

 34-3-17 TERM OF ASSURANCE, EXTENSION. The initial term of any 
performance bond or escrow agreement shall not exceed two (2) years. If all the required 
improvements have not been completed by the end of the two-year period, the Plan 
Commission, with the advice and consent of the City Council, may either extend said 
bond/escrow agreement for one (1) year only, or may proceed as per Section 34-3-19. 

 

 

 34-3-18 RELEASE OF BOND/ESCROW DEPOSIT. 

 (A) The City Clerk may release up to ninety percent (90%) of the 
amount of the performance bond/escrow deposit upon receipt of written authorization from 
the Building Commissioner. The amount which the Building Commissioner authorizes to 
be released shall be equal to the value of improvements actually completed in accordance 
with approved plans. 

 (B) The balance of the amount of the performance bond/escrow deposit 
shall not be released by the City Clerk until: 

(1) the Building Commissioner has certified to the Administrator in 
writing that all required improvements have been satisfactorily 
completed; and 

(2) said improvements have been accepted by and dedicated to 
this City or other appropriate entity. 

 

 

 34-3-19 FAILURE TO COMPLETE IMPROVEMENTS. If all the required 
improvements have not been completed by the end of the two-year period (or three-year 
period, in the case of an extension), the Administrator, with the assistance of the City 
Attorney, may: 

 (A) require the surety to perform on the bond, and to pay to this 
municipality an equal amount to the cost of completing the required improvements or the 
amount of the bond not theretofore released, whichever is less; or 


 (B) order the City Clerk to retain all escrow funds needed to complete the 
required improvements, and to return the balance (if any) of such funds to the 
subdivider/developer; or 

 (C) require the subdivider/developer to submit a new performance 
bond/escrow deposit in an amount sufficient to cover any increase in the cost of 
constructing the required improvements. 

 

 

 34-3-20 - 34-3-21 RESERVED. 

 

 

 

 

DIVISION IV - FINAL PLATS 

 

 

 34-3-22 CITY COUNCIL APPROVAL. The City Council shall not approve 
any final plat unless they determine that it is in compliance with all pertinent requirements 
of this Code including those set forth in the subsections below. 

 

 

 34-3-23 FILING, TIME LIMITS. The subdivider of every subdivision -- 
whether major or minor but excluding land specifically exempted from the Illinois Plats Act 
as now or hereafter amended (Ill. Comp. Stats., Chap. 765, Sec. 205/1(b)) -- who desires 
final plat approval shall file six (6) copies of the final plat and supporting data with the City 
Clerk and pay all associated filing fees not later than one (1) year after preliminary plat 
approval has been granted. However, with the consent of the City Council, the subdivider 
may delay application for final approval of part(s) of the tract shown on the preliminary plat 
for successive one-year periods. No subdivision plat or re-plat shall be filed for record or 
recorded in the office of the County Recorder of Deeds, unless and until the approval of 
the City is endorsed thereon. No lot shall be sold for such subdivision plat or re-plat until it 
has been approved by the City Council and filed for record in the office of the County 
Recorder of Deeds as required by the State Statutes. 

 For official filings, the subdivider shall file the approved final plat with the County 
Recorder of Deeds within sixty (60) days after the City Council has approved the same 
and the Mayor has affixed his signature thereto. One (1) copy of the final plat shall be 
given to the City Clerk's office by the subdivider bearing the official stamp of the County 
Recorder attesting its recording within twenty (20) days of such action. 

 

 

 34-3-24 INFORMATION REQUIRED. Every final plat shall be prepared by a 
registered Illinois land surveyor on new linen tracing cloth- or polyester-base film with 
waterproof black ink at a scale not greater than one hundred (100) feet equals one (1) 


inch, provided that the resultant drawing shall not exceed thirty-six (36) inches square. 
The final plat and supporting data shall portray/provide all of the following information: 

 (A) north arrow, graphic scale, and date; 

 (B) name of subdivider, subdivision, identification of the portion of the 
Public Lands Survey in which the subdivision is located; 

 (C) accurate metes and bounds or other adequate legal description of the 
tract, and the included area of the subdivision to the nearest one-hundredth (1/100) of an 
acre; 

 (D) accurate boundary lines, with dimensions and bearings or angles 
which provide a survey of the tract, closing with an error of closure of not more than one 
(1) foot in ten thousand (10,000) feet; 

 (E) all dimensions shall be shown in feet and decimals of a foot; 

 (F) reference to recorded plats of adjoining platted land within three 
hundred (300) feet, by record name, plat book, and page number; 

 (G) accurate locations of all existing streets intersecting the boundaries of 
the subdivision; 

 (H) right-of-way lines of all streets, other rights-of-way, easements, and 
lot lines with accurate dimensions, angles, or bearings and curve data, including radii, arcs 
or chords, points of tangency, and central angles; 

 (I) name and right-of-way width of every proposed street; 

 (J) purpose of any existing or proposed easement(s); 

 (K) number of each lot, lot dimensions, and (in a separate list) lot areas; 

 (L) purpose(s) for which sites, other than private lots, are reserved; 

 (M) building or setback lines with accurate dimensions; 

 (N) restrictions of all types which will run with the land, and become 
covenants in the deeds of lots; 

 (O) certification of dedication of all public areas; 

 (P) accurate distances and directions to the nearest established official 
monument; reference corners shall be accurately described on the final plat; 

 (Q) reference to known and permanent monuments and bench marks 
from which future surveys may be made together with elevations of any bench marks; and 
the Surveyor must, at the time of making his survey, establish permanent monuments (set 
in such a manner that they will not be moved by frost) which mark the external boundaries 
of the tract to be divided or subdivided and must designate upon the plat the locations 
where they may be found; 

 (R) location, type, material and size of all monuments and lot markers. 

 

 

 34-3-25 CERTIFICATES REQUIRED. As required by State law (Ill. Comp. 
Stats., Chap. 765, Sec. 205/2; Chap. 65, Sec. 5/11-12-8), the following certificates shall 
be executed on the final plat: 


(A) 

OWNER'S CERTIFICATE 

 

We, , the Owners of (description) , have caused 
the said tract to be surveyed and subdivided in the manner shown, and said subdivision is 
to be hereinafter known as . All rights-of-way and easements shown 
hereon are hereby dedicated to the use of the public forever including the release and 
waiver of the right of homestead under the Homestead Exemption laws of the State of 
Illinois. 

 

Dated this day of , 20 . 

 

 (Seal) 

 

 (Seal) 

 

(B) 

NOTARY PUBLIC'S CERTIFICATE 

 

State of Illinois ) 

 ) SS 

County of Greene ) 

 

I, , a Notary Public in and for the County aforesaid, do hereby certify that 
(owners) are personally known to me to be the same persons 
whose names are subscribed to the foregoing instrument, and that they appeared before 
me this day in person and acknowledged that they signed and sealed the same as their 
free and voluntary act for the uses and purposes therein set forth, including the release of 
waiver of the right of homestead. 

 

Given under my hand and Notarial Seal this day of , 20 . 

 

 

 Notary Public 

 

(C) 

SURVEYOR'S CERTIFICATE 

 

I, , an Illinois Registered Land Surveyor, do hereby certify that 
this plat is a correct representation of a survey made under my direct supervision at the 
request of for the purpose of subdividing the tract into lots as shown. 

 


 

 Land Surveyor 

 

 

 Illinois Registration Number 

 

 

 Date 

 

(D) 

COUNTY CLERK'S CERTIFICATE 

 

I, , County Clerk of Greene County, Illinois, do hereby certify that I 
find no unpaid or forfeited taxes against any of the real estate included within this plat. 

 

 

 County Clerk 

 

 

 Date 

 

(E) 

CERTIFICATE OF CITY COUNCIL 

 

I, , Mayor of the City, do hereby certify that the plat shown 
herein was duly presented to the City Council and approved at a meeting of same held on 
(date) . 

 

 

 Mayor 

 

 

 City Clerk 

 

(F) 

FLOOD HAZARD CERTIFICATE 

 

We, the undersigned, do hereby certify that no part of this plat to be recorded, is situated 
within five hundred (500) feet of any surface drain or watercourse serving a tributary area 
of six hundred forty (640) acres or more, or, if this plat is within five 


hundred (500) feet of any surface drain or watercourse, we hereby certify that this plat 
has been reviewed by the Illinois Department of Transportation Division of Water 
Resources and their report is on file with the County Recorder of Deeds. 

 

 By: 

 Owner(s) 

 By: 

 Illinois Land Surveyor 

 

 Registration Number 

 

 Date 

 

 

 34-3-26 ADMINISTRATIVE REVIEW, ADVISORY REPORT. Within thirty 
(30) days from the date of application for Final Plat approval, the Building Commissioner 
and the Administrator shall review said Final Plat (and supporting data), and shall each 
advise the City Council in writing whether it substantially conforms to the approved 
preliminary plat and improvement plans. A copy of their Advisory Report shall be 
forwarded to the Plan Commission. The Plan Commission may prepare an addendum to 
said report (should they so desire), and forward same to the City Council. 

 

 

 34-3-27 ACTION BY CITY COUNCIL. The City Council shall either approve 
or disapprove the application for Final Plat approval by resolution within sixty (60) days 
from the date of said application or the filing of the last item of required supporting data, 
whichever date is later, unless the Council and the subdivider mutually agree to extend 
this time limit. The City Council shall not approve any Final Plat unless: 

 (A) the final plat substantially conforms to the approved preliminary plat; 
and 

 (B) the final plat manifests substantial compliance with the design and 
improvements standards of this Code, Zoning Code, and the Official Map; and 

 (C) to the Council's knowledge and belief, the final plat complies with all 
pertinent requirements of State law; and 

 (D) either of the following has been met: 

(1) all required improvements have been completed, inspected, 
accepted, and dedicated; or 

(2) the subdivider/developer has posted a performance bond or 
deposited funds in escrow to guarantee the satisfactory 
completion and dedication of all required improvements. 

 If the City Council disapproves the Final Plat, their resolution shall specify the 
aspects in which the Plat fails to meet the above conditions for approval. 


 The City Clerk shall attach a certified copy of the Council's resolution of approval or 
disapproval to the Final Plat. One copy of the resolution and plat shall be retained by the 
Clerk, one copy shall be filed with the Administrator, and one copy shall be given to the 
subdivider. 

 

 

 34-3-28 CHANGES IN APPROVED FINAL PLATS. Once a Final Plat is 
approved by the City Council, it shall not thereafter be modified; provided, however, that 
minor changes may be made upon written application to the Administrator. Major changes 
require the filing of a new Final Plat and complete re-review. 

 

 

 34-3-29 - 34-3-34 RESERVED. 

 

 

 

 

DIVISION V - MAINTENANCE OF IMPROVEMENTS 

 

 

 34-3-35 SUBDIVIDER’S RESPONSIBILITIES. The subdivider/developer 
shall maintain all the improvements in the subdivision until they have been accepted by 
and dedicated to the City or other appropriate entity. 

 

 

 34-3-36 MAINTENANCE BOND. Prior to dedication, the subdivider/ 
developer shall post a maintenance bond with the City Clerk in the form approved by the 
City Attorney. Said bond shall be in the amount determined by the Building Commissioner 
to be sufficient to guarantee the satisfactory condition of the required improvements for a 
period of two (2) years from the date of their acceptance and dedication. If at any time 
during the two-year period the improvements are found to be defective, they shall be 
repaired/replaced at the subdivider/developer's expense. If the subdivider/developer fails 
or refuses to pay such costs within ninety (90) days after demand is made upon him by 
the Building Commissioner, the City shall use the maintenance bond to make the 
necessary repairs/replacement. If the cost of repairs/replacement exceeds the bond 
amount, the subdivider/developer shall be liable for the excess. At the end of the two-year 
period, the maintenance bond shall be released. 


DIVISION VI - VACATION OF PLATS 

 

 

 34-3-37 VACATION OF PLATS. In accordance with State law (Ill. Comp. 
Stats., Chap. 765, Secs. 205/6, 205/7, and 205/8), any plat or part thereof may be 
vacated by the owner of the tract, at any time before the sale of any lot therein, by a 
written vacation instrument to which a copy of the plat is attached. If there are public 
service facilities in any street, other public way, or easement shown on said plat, the 
instrument shall reserve to the City or other public entity or public utility owning such 
facilities the property, rights-of-way, and easements necessary for continuing public 
service by means of those facilities and for maintaining or reconstructing the same. The 
vacation instrument shall be approved by the Council in the same manner as plats of 
subdivision and shall also be approved by the County Superintendent of Highways, the 
Highway Commissioner of the appropriate township, the District Engineer of the State 
Department of Transportation, and the public utilities. In the case of the platted tracts 
wherein any lots have been sold, the written vacation instrument must also be signed by 
all the owners of lots in said tracts. 


ARTICLE IV 

 

ADMINISTRATIVE PROCEDURES 

 

 

 34-4-1 ENFORCEMENT OFFICER, DUTIES. The Enforcement Officer, 
referred to herein as the Administrator, is hereby authorized and directed to administer and 
enforce the provisions of this Code. This broad responsibility encompasses, but is not 
limited to, the following specific duties. 

 (A) to review and forward preliminary plats to the Plan Commission 
(See Art. III; Div. I); 

 (B) to transmit improvements plans to the City Engineer for his review 
(See Art. III; Div. II); 

 (C) to review and forward final plats to the City Council (See Sec. 34-3-
23); 

 (D) to issue stop orders as necessary when the Building Commissioner 
or City Engineer determines that approved improvements are being constructed in 
violation of this Code (See Sec. 34-3-10); 

 (E) to pursue actions authorized at Section 34-3-19 when a developer 
fails to complete required improvements; 

 (F) to evaluate and pass upon proposed changes in approved final plats 
(See Sec. 34-3-28); 

 (G) to review and forward applications for subdivision variances to the 
Plan Commission (See Sec. 34-4-2); 

 (H) to maintain up-to-date records of matters pertaining to this Code 
including, but not limited to, preliminary plats, as-built records of completed improvements 
(See Sec. 34-3-11), final plats, variances, and amendments; and 

 (I) to provide information to subdividers/developers and to the general 
public on matters related to this Code. 

 

 

 34-4-2 SUBDIVISION VARIANCES. Any subdivider/developer desiring a 
variance from the requirements of this Code shall file a written application therefor with the 
Administrator at the same time that he files his preliminary plat. The application shall fully 
explain the grounds for the variance request, and specify the section(s) of this Code which, 
if strictly applied, would cause great practical difficulties or hardship. The Administrator 
shall prepare an advisory report on every variance application and submit it, together with 
the completed application, to the Plan Commission. 

 

 

 34-4-3 REVIEW BY PLAN COMMISSION. The Plan Commission shall 
review the variance application and the Administrator's comments, perform on-site review 
when appropriate, and submit their advisory report to the City Council together 


with their recommendation on preliminary plat approval (See Sec. 34-3-2). The Plan 
Commission's advisory report shall be responsive to all the variances standards set forth 
in Section 34-4-4. 

 

 

 34-4-4 ACTION BY CITY COUNCIL, VARIANCE STANDARDS. At the 
same meeting at which they take action on the application for preliminary plat approval 
(See Sec. 34-3-3), the City Council shall decide by resolution whether to grant or deny the 
requested subdivision variance. A copy of their decision, clearly stating their reasons 
therefor and the exact terms of any variance granted, shall be attached to both the 
preliminary and final plats. The City Council shall not grant any subdivision variance 
unless, based upon the information presented to them, they determine that: 

 (A) the proposed variance is consistent with the general purposes of this 
Code (See Sec. 34-1-1); and 

 (B) strict application of the subdivision requirements (See Article V) 
would result in great practical difficulties or hardship to the applicant, not a mere 
inconvenience; and 

 (C) the proposed variance is the minimum deviation from the subdivision 
requirements that will alleviate the difficulties/hardship; and 

 (D) the plight of the applicant is due to peculiar circumstances not of his 
own making; and 

 (E) the peculiar circumstances creating the variance request are not 
applicable to other tracts and, therefore, that a variance would be a more appropriate 
remedy than a code amendment; and 

 (F) the variance, if granted, will not materially frustrate implementation of 
the municipal comprehensive plan including the Official Map. 

 

 

 34-4-5 AMENDMENTS. Amendments to this Code may be proposed by the 
Administrator, any member of the City Council, any Plan Commission member, or any 
party in interest. Every amendment proposal shall be filed on a prescribed form in the 
Administrator's office. The Administrator shall promptly transmit each proposal, together 
with any comments or recommendations he may wish to make, to the Plan Commission 
for a public hearing. 

 (A) Public Hearing, Notice. The Plan Commission shall hold a public 
hearing on every amendment proposal within a reasonable time after said proposal is 
submitted to them. At the hearing any interested party may appear and testify, either in 
person or by duly authorized agent or attorney. Notice indicating the time, date, and place 
of the hearing, and the nature of the proposed amendment shall be given not more than 
thirty (30) nor less than fifteen (15) days before the hearing by publication in a 
newspaper of general circulation within this municipality. 

 (B) Advisory Report, Action By City Council. Within a reasonable 
time after the public hearing, the Plan Commission shall submit an advisory report to the 
City Council. The City Council shall act on the proposed amendment at their next regularly 


scheduled meeting following submission of this report. Without another public hearing, the 
City Council may either pass or reject the proposed amendment or may refer it back to the 
Plan Commission for further consideration. 

 

 

 34-4-6 SCHEDULE OF FEES. 

 (A) The review for the preliminary plat shall be Fifty Dollars ($50.00), 
plus Five Dollars ($5.00) per lot. 

 (B) The final plat fee shall be Fifty Dollars ($50.00) if no variation from 
the preliminary plat, otherwise Fifty Dollars ($50.00), plus Five Dollars ($5.00) per lot 
whenever Plan Commission review is required. 

 (C) Improvement Plan review and inspection fee shall be one percent 
(1%) of the total opinion of probable cost for all improvements as determined by the City 
Engineer or by the total of all certified contracts for all work related to improvements. 

 

 

 34-4-7 FEES: TIME OF PAYMENT. All fees listed in Section 34-4-6 shall 
be paid by the subdivider/developer or the applicant to the City Clerk's office at the time of 
submission of documents. 


ARTICLE V 

 

DESIGN AND IMPROVEMENT STANDARDS 

 

DIVISION I - GENERALLY 

 

 

 34-5-1 APPLICABILITY OF ARTICLE. No land within the subdivision and 
development jurisdiction of this municipality shall be subdivided or developed except in 
compliance with the regulations of this Article and the applicable provisions of State law. 
(See Ill. Comp. Stats., Chap. 65, Sec. 5/11-12-8; Chap. 765, Secs. 205/1 et seq.) No lot 
in any subdivision shall be conveyed until: 

 (A) the final plat of said subdivision has been approved by the City 
Council and recorded in the office of the County Recorder of Deeds; and 

 (B) the portion of said subdivision in which the lot is located has been 
improved in accordance with the requirements of this Article or until a performance bond or 
other security has been posted to assure the completion of such improvements. 

 The Building Commissioner shall not issue a building permit for any lot conveyed in 
violation of this section. 

 

 

 34-5-2 SUITABILITY FOR DEVELOPMENT GENERALLY. Land that is 
unsuitable for development due to flooding, poor drainage, rough topography, adverse soil 
conditions, or other features which will be harmful to the health, safety, and general 
welfare of the inhabitants of the development and/or its surrounding areas shall not be 
subdivided or developed unless the subdivider/developer formulates adequate 
plans/methods to solve the problems caused by the adverse land conditions. 

 

 

 34-5-3 RESERVED. 

 

 

DIVISION II - LOT REQUIREMENTS 

 

 

 34-5-4 CONFORMITY WITH ZONING. All lots in a subdivision shall 
conform to the minimum lot area and dimensions requirements of the zoning district in 
which said subdivision is located; land that is under water or reserved for street 
improvements shall not be counted to satisfy these minimum requirements. Every corner 
and through lot shall be large enough to permit compliance with the district's front setback 
requirements on every side of the lot that faces a street. All lot remnants shall be added to 
adjacent lots to avoid the creation of unbuildable parcels. All lots shall contain adequate 
space for required off-street parking and loading. 


 34-5-5 ACCESS AND RELATIONSHIP TO STREET. Land shall be 
subdivided in such a way that each lot abuts a street meeting the requirements of Section 
34-5-7. All side lot lines shall be at right angles to straight street right-of-way lines or radial 
to curved street right-of-way lines except where a deviation from this rule will provide a 
better street and lot design. 

 

 

 34-5-6 REFERENCE MONUMENTS. Stone or reinforced concrete 
reference monuments, set in the ground in such a manner that they will not be moved by 
frost, shall be placed in the field in accordance with the Plats Act, as now or hereafter 
amended. (Ill. Comp. Stats., Chap. 765, Sec. 205/1.) All block corners shall be thirty-
six (36) inches permanent concrete post monuments and four (4) inches in diameter. All 
lot corners shall be marked by one-half (0.5) inch iron pins not less than thirty (30) 
inches long. These pins shall be driven into the ground deep enough that they do not 
protrude above the ground surface more than one-half (0.5) inch. 

 

 

 

 

DIVISION III - STREET DESIGN STANDARDS 

 

 

 34-5-7 PLAN INTEGRATION. All streets shall be properly integrated with 
the existing and proposed street system indicated in the municipal comprehensive plan, 
and shall meet the specifications set forth in Table 5-A. 

 

 

 34-5-8 RIGHT-OF-WAY AND PAVEMENT WIDTHS. Every right-of-way 
established for subdivision purposes is to be separate and distinct from the lots or parcels 
adjoining such right-of-way and not included within the dimensions or areas of such lots or 
parcels. All rights-of-way shall be dedicated to the public by the developer. 

 The minimum pavement widths shall be as noted in Table 5-A. 

 

 

 34-5-9 TOPOGRAPHICAL CONSIDERATIONS. Grades of street shall 
conform as closely as possible to the natural topography, but shall not exceed the 
maximum grade nor be less than the minimum grade indicated in the Table of Street 
Design Specifications. All streets shall be arranged so that as many as possible of the 
building sites are at or above street grade. 

 

 

 34-5-10 THROUGH TRAFFIC DISCOURAGED. Marginal access and local 
streets shall be laid out so as to discourage use by through traffic. The rigid rectangular 
gridiron street pattern shall be avoided, and the use of curvilinear streets, 


cul-de-sacs, or U-shaped streets shall be encouraged to effect a more desirable street 
layout. 

 

 

 34-5-11 LIMITED ACCESS TO ARTERIALS. Where a development abuts or 
contains an existing or proposed arterial street, the Plan Commission may recommend to 
the City Council that access to said arterial street be limited by one of the following means: 

 (A) by subdividing lots so they back onto the arterial street and front onto 
a parallel local street (double frontage lots), coupled with the installation of screening in a 
reserve (access-restricting) strip along the rear lot lines of such lots; 

 (B) a series of cul-de-sacs, U-shaped streets, or short loops entered from 
and generally at right angles to the arterial street, with the rear lot lines of the lots at the 
termini of such streets backing onto the arterial street; or 

 (C) a frontage road separated from the arterial street by a planting strip, 
but having access thereto at suitable points. 

 

 

 34-5-12 DEAD-END STREETS. 

 (A) Temporary Stub Streets. Streets shall be so arranged to provide for 
the continuation of principal streets between adjacent properties when such continuation is 
necessary for convenient movement of traffic, effective fire and police protection, and 
efficient provision of utilities, and where such continuation comports with the City's Official 
Map. If the adjacent property is undeveloped and the street must dead-end temporarily, 
the right-of-way shall be extended to the property line, and no strip that would prevent 
connections with future streets shall be reserved. A temporary turnabout shall be provided 
at the terminus of any temporary dead-end street. 

 (B) Permanent Dead-End Streets. For greater convenience to traffic 
and more effective police and fire protection, permanent dead-end streets shall be limited 
to five hundred (500) feet in length. 

 The terminus of a permanent dead-end street shall not be closer than fifty (50) feet 
to the boundary of an adjacent tract. A cul-de-sac turnaround, having a minimum 
right-of-way radius of fifty (50) feet and a minimum pavement radius of forty-two (42) 
feet, shall be provided at the end of every permanent dead-end street. 

 

 

 34-5-13 INTERSECTIONS. 

 (A) Only Two Streets. Not more than two (2) streets shall intersect at 
any one point. 

 (B) Right Angles. Streets shall be laid out so as to intersect as nearly 
as possible at right angles; in no case shall two (2) streets intersect at an angle of less 
than seventy-five (75) degrees. An oblique street shall be curved approaching an 
intersection and shall be approximately at right angles with said intersection for at least 
one hundred (100) feet therefrom. 


 (C) Proper Alignment. Proposed new intersections along one side of an 
existing street shall, whenever practicable, coincide with any existing intersections on the 
opposite side of such street. Street jogs with centerline offsets of less than one hundred 
twenty-five (125') feet shall not be permitted, except where the intersected street has 
divided lanes without median breaks at either intersection. Intersections involving collector 
or arterial streets shall be at least eight hundred (800) feet apart. 

 (D) Curb Radii. To permit safe vehicular movements at corners, the 
minimum curb radius at the intersection of two streets shall be twenty (20) feet, and the 
minimum radius at the back of the curb shall be thirty-two (32) feet. 

 (E) Flat Grade. Intersections shall be designed with a flat grade 
wherever practical. In hilly terrain, an area having not greater than a three percent (3%) 
slope for a distance of fifty (50) feet from the nearest right-of-way line of the intersecting 
street shall be provided at the approach to an intersection. 

 (F) Maximum Cross-Slope. The cross-slopes on all streets, including 
intersections, shall not exceed three percent (3%). 

 (G) Adequate Sight-Lines. Where any street intersection will involve 
earth banks or existing vegetation on the triangular area shown in Figure 1, the developer 
shall cut such ground and/or vegetation (including trees) in connection with the grading of 
the public right-of-way to the extent necessary to provide an adequate sight distance. 

 

 

 34-5-14 REVERSE CURVES. A tangent at least one hundred (100) feet 
long shall be introduced between reverse curves on local collector and collector streets 
(see Figure 2). 

 

 

 34-5-15 IMPROVEMENTS TO EXISTING STREETS. Whenever any 
development abuts an existing street that is narrower than the standards indicated in the 
Table of Street Design Specifications, the subdivider shall dedicate sufficient right-of-way 
on the side abutting the development to permit compliance with those standards. The 
developer shall improve said street to the standards imposed at Section 34-5-21 et seq., 
and pay one-half the cost of said improvements. 

 

 

 34-5-16 WHEN EXCESS RIGHT-OF-WAY REQUIRED. Right-of-way width 
in excess of the standards set forth in the Table of Street Design Specifications shall be 
required where: 

 (A) due to topography, additional width is necessary to provide adequate 
earth slopes; or 

 (B) due to the location of railroad tracks, additional width is needed to 
construct overpasses, underpasses, and approaches thereto. 

 

 34-5-17 - 34-5-19 RESERVED. 


DIVISION IV - STREET IMPROVEMENT STANDARDS 

 

 

 34-5-20 DEVELOPER’S EXPENSE. All streets and alleys shall be improved 
solely at the expense of the developer in accordance with the requirements set forth 
herein. All streets shall be graded as hereinafter provided: 

 (A) All new streets, which are created and dedicated for use within a 
subdivision shall be graded, drained and surfaced in accordance with the minimum 
requirements hereinbelow set forth and in a manner which will provide complete and 
adequate drainage of all the streets, alleys, and public grounds which may be necessary in 
order to provide adequate and satisfactory drainage along the side of any existing public 
street which lies adjacent to the subdivision. 

 In general, all such new streets within the subdivision and all work to be undertaken 
thereon shall be designed and constructed according to IDOT Roads and Bridges 
Standard Specifications as the same are in effect at the time the Preliminary Plat and 
plans for such improvement work are submitted for approval. 

 (B) Grading Roadway and Side Slopes. The roadway shall be 
considered to be that part of the improvement which lies between the right-of-way lines. 

 (C) Street Construction Standards. All streets within the jurisdictional 
authority of the Municipality other than state highways shall be improved with pavements 
bounded by integral concrete curbs and gutter, in accordance with the following criteria. 

(1) Collector street pavements shall be provided with a bituminous 
surface of one and one-half (1 1/2) inches of bituminous 
concrete binder and one and one-half (1 1/2) inches of 
bituminous concrete surface Class 1 placed upon a crush 
stone base course of CA #6 having a minimum thickness of 
six (6) inches compacted. The center forty (40) feet of the 
base course shall have a crown of three (3) inches. 

(2) Local street pavements shall be provided with a CA #6 
crushed stone base course, having a minimum thickness of 
seven (7) inches compacted. An A-2 surface treatment shall 
be applied in accordance with the IDOT Roads and Bridges 
Standard Specifications. 

(3) The crushed stone base course shall be permitted to remain 
throughout one winter season before the bituminous surface is 
placed thereon. Following inspection of the base and subbase 
as to compaction and thickness of the base by the 
administrative officer, he may, by authority in writing to the 
subdivider, waive the winter season waiting period. 
Compaction based on percent of optimum density. 


(4) The subdivider shall be required to improve arterial streets 
only to the width required by the current and immediate needs 
of his subdivision consistent to the standards and 
specifications herein contained. 

 (D) Alleys. Alleys where permitted or required, shall be constructed as 
specified for local streets. 

 (E) Utility Lines. Underground utilities in streets or rights-of-way or in 
easements shall be installed prior to the construction of such streets and/or alleys. 
Wherever possible, utilities will be placed in rear lot easements with street placement 
permitted in only the most unusual circumstances. 

 

 

 34-5-21 CURB AND GUTTER. All streets, except alleys and collector 
commercial, local commercial, arterial or industrial, shall be constructed with Portland 
cement concrete vertical curb and gutter and/or V-type gutter in accordance with the 
dimensions and specifications shown, therefor, in the Appendices. Only vertical curb and 
gutter shall be constructed in Industrial Streets. The materials and construction methods 
for curb and/or gutter shall conform with IDOT Roads and Bridges Standard 
Specifications. 

 

 

 34-5-22 MAINTENANCE RESPONSIBILITY. Subsequent to completion of 
street construction by the subdivider, the City Engineer shall make a final inspection of all 
streets to ascertain the acceptability of structural condition, earth slopes, drainage 
structures, etc. If said inspection indicates no deficient items, the City shall take formal 
action to accept the completed streets for maintenance based upon the Engineer’s 
recommendation. 

 Should any item need correction or repair, the subdivider will be notified in writing of 
each deficiency. No street(s) will be accepted in a subdivision until all streets comply with 
the City’s requirements to the satisfaction of the City Engineer. In addition, the developer 
will be required to provide a guarantee in the form of a Surety Bond in the amount of Ten 
Thousand Dollars ($10,000.00) for a period of two (2) years. 

 

 

 34-5-23 - 34-5-24 RESERVED. 

 

 

DIVISION V - BLOCKS 

 

 

 34-5-25 BLOCK WIDTH. Blocks shall be sufficiently wide to accommodate 
two (2) tiers of lots having the minimum depth required by the zoning district regulations; 
provided, that this requirement may be waived in blocks adjacent to local collector or 
collector streets, railroads, or watercourses. 


 34-5-26 BLOCK LENGTH. No block shall be longer than one thousand four 
hundred (1,400) feet nor shorter than five hundred (500) feet. Wherever practicable, 
blocks along collector streets shall not be less than one thousand (1,000) feet in length. 

 

 

 34-5-27 CROSSWALKS. Crosswalks, not less than ten (10) feet wide, may 
be required through the center of blocks more than one thousand (1,000) feet long where 
necessary to provide circulation or access to schools, playgrounds, shopping centers, 
transportation, or other community facilities. 

 

 

 34-5-28 RESERVED. 

 

 

 

 

DIVISION VI - SIDEWALKS 

 

 

 34-5-29 REQUIRED. Sidewalks shall be required: 

 (A) on the recommendation of the Plan Commission that, sidewalks are 
needed to ensure public safety; 

 (B) along collector streets, near schools, and in shopping areas and 
similar public places. 

 These requirements shall not be waived unless the Plan Commission advises the 
City Council that, in the area in question, sidewalks are not needed to ensure public safety, 
and/or that topographical conditions make the installation of sidewalks impractical. 

 All sidewalks constructed within the municipality shall meet IDOT Roads and 
Bridges Standard Specifications. 

 

 

 34-5-30 SIDEWALK CONSTRUCTION STANDARDS. 

 (A) Relationship to Curb. The street-side edge of every sidewalk shall 
either abut the curb or be located at least six (6) feet from the curb to allow sufficient 
space for tree planting. 

 (B) Width. Residential sidewalks shall be at least four (4) feet wide. 
Non-residential sidewalks shall be at least five (5) feet wide. 

 (C) Thickness of Concrete. All sidewalks shall be constructed of 
concrete at least four (4) inches thick, except that across driveways the thickness shall be 
increased to six (6) inches and/or number six (6) reinforcing mesh shall be used. 

 (D) Grade. No sidewalk shall be constructed at a grade steeper than six 
percent (6%). 


 (E) Ramps at Intersections. When sidewalks are required curbs shall 
be cut and sidewalks shall be ramped at all intersections so as to enhance the mobility of 
handicapped individuals. 

 

 

 34-5-31 RESERVED. 

 

 

DIVISION VII - STREETLIGHTS 

 

 

 34-5-32 INTERSECTION LIGHTING. Streetlights shall be provided at each 
intersection of streets (or alleys) within a subdivision and at each cul-de-sac, but in no 
event shall there be less than one streetlight per four hundred (400) feet (or portion 
thereof) of street frontage between intersections, or between a street intersection and the 
terminus of a dead-end street. Additionally, in multi-family dwelling subdivisions, lighting 
shall be provided within parking areas at a minimum rate of one light per twenty-five (25) 
parking spaces or any fraction thereof. 

 

 

 34-5-33 STREETLIGHT SYSTEM STANDARDS. The design and installation 
of the streetlight system in every subdivision shall be reviewed by the Building 
Commissioner and the appropriate electric utility company. 

 The lighting intensity of each streetlight shall be equivalent, at a minimum, to a 175 
watt lamp or 6800 mercury luminary lamp. Each streetlight standard (post) shall be at 
least sixteen (16) feet high. 

 

 

 34-5-34 RESERVED. 

 

 

DIVISION VIII - STREET NAME SIGNS 

 

 

 34-5-35 SPECIFICATIONS. Street name signs of the size, height, and type 
approved by Building Commissioner shall be supplied and placed by the developer at all 
intersections within or abutting any subdivision. Street names shall be sufficiently different 
in sound and spelling from other street names in this municipality so as to avoid confusion. 
The City Clerk shall maintain a list of existing street names for reference. A street which is 
planned as a continuation of an existing street shall bear the same name. 

 

 

 34-5-36 RESERVED. 


DIVISION IX - UTILITIES 

 

 

 34-5-37 UTILITY LOCATION AND EASEMENTS REQUIRED. At locations 
within the subdivision where utilities and drainage facilities are not to be constructed within 
public rights-of-way, the subdivider shall make provision for easements for such 
installations. Preliminary plats shall be submitted to the electric, gas, and telephone 
companies for their input regarding utility easements. 

 

 

 34-5-38 UTILITY EASEMENTS. Utility easements, not less than twenty (20) 
feet wide for sanitary sewers and water mains and not less than fifteen (15) feet wide for 
gas, electric, telephone, and cable television, shall be provided where necessary. 
Normally, in the case of abutting lots, an equal amount should be taken from each lot. 
Property owners may (at their own risk) plant shrubbery or hedges or install fences on the 
easement areas. Utilities (private and public), however, in order to have access for repair 
shall have the election to destroy said improvements and restore the area only by grading 
and seeding, or to have alternate access through the owner's property. 

 

 

 34-5-39 DRAINAGE EASEMENTS. Adequate easements for storm water 
drainage shall be established along any natural drainage channel and in such other 
locations as may be necessary to provide satisfactory disposal of storm water from streets, 
alleys, and all other portions of the subdivision. The location and minimum widths of such 
easements shall be approved by the City Engineer. 

 

 

 34-5-40 MAINTENANCE EASEMENTS. Maintenance easements of not less 
than five (5) feet in width shall be provided along all rear and side lot lines. 

 

 

 34-5-41 RESERVED. 

 

 

 

 

DIVISION X - WATER FACILITIES 

 

 

 34-5-42 POTABLE WATER REQUIRED. An adequate supply of potable 
water shall be provided to every platted lot in accordance with Illinois Department of Public 
Health regulations and the Illinois Environmental Protection Agency regulations. If the 
public water system is reasonably accessible, each lot shall be properly connected thereto 
at the property line. All water distribution lines shall be at least six (6) 


inches in diameter and shall conform to the latest edition of Standard Specifications for 
Water and Sewer Construction in Illinois and in accordance with all City administrative 
regulations. 

 The developer shall provide at his expense a minimum of one (1) water main tap 
per lot and shall be responsible for having a curb box installed in accordance with City 
administrative regulations. 

 

 

 34-5-43 FIRE HYDRANTS. Fire hydrants of the type approved by the Water 
and Sewer Superintendent shall be installed in every subdivision as part of the water 
distribution system. The distance from any lot to a hydrant, measured along the centerline 
of the public right-of-way, shall not be greater than four hundred (400) feet. 

 

 

 34-5-44 RESERVED. 

 

 

 

 

DIVISION XI - SANITARY SEWERS 

 

 

 34-5-45 COMPLIANCE WITH REGULATIONS. All proposed sanitary sewer 
facilities shall comply with the regulations of the Illinois Department of Public Health and 
the Illinois Environmental Protection Agency, and shall be approved by the City Council. 
All water and sewer lines shall be constructed as per Standard Specifications for Water 
and Sewers Mains, State of Illinois, 4th Edition, or as amended. 

 

 

 34-5-46 WHEN PUBLIC SYSTEM PLANNED. In areas where the public 
sanitary sewerage system is not reasonably accessible but where plans for the installation 
of said system have been approved by the Illinois Environmental Protection Agency, 
sanitary sewers shall be provided in accordance with such plans and temporarily capped. 
To serve the subdivision until the time when connection to the public system becomes 
practicable, an approved private central sewage disposal system shall be installed, or 
individual sewage disposal systems may be used. 

 

 

 34-5-47 ALTERNATE METHODS OF DISPOSAL. In the event it is not 
possible, or feasible, for the subdivider to extend the public sewer system into the 
proposed subdivision, for whatever reason, the subdivider has the right to petition the City 
to install an alternative method of sewage disposal. Any such petition shall be 


considered on an individual basis with each case standing on its own merit. No 
subdivision shall be approved without the City's approval of the method of sewage 
disposal: 

 (A) Private Central Sewage Systems. Upon specific approval of the 
City Council, the subdivider may install a private central sewage system. The City shall 
reserve the right to review and approve/reject the detailed plans for such a system. 
Approval of the plans by the City shall in no way be construed as acceptance of the design 
or operation or maintenance responsibility for said installation. Such installation shall be 
designed and constructed in accordance with the rules and regulations of the Illinois 
Environmental Protection Agency, and the Illinois Department of Public Health. The 
subdivider shall assume perpetual operational and maintenance responsibilities for such 
installation unless arrangements to the contrary are provided for in a formal written 
agreement between home owners and the subdivider. Failure of the subdivider to 
discharge his operational/maintenance responsibilities may result in a fine of Seven 
Hundred Fifty Dollars ($750) per day for each day a deficiency exists and shall apply to 
the subdivider, his heirs, successors, or assigns. 

 (B) Individual Disposal Systems. Upon written approval of the City 
Council, the subdivider may install individual sewage disposal systems providing the lot 
size is in excess of twenty thousand (20,000) s.f. If such installations are permitted, they 
shall be designed and installed in accordance with the applicable provisions of the 
requirements and regulations of the "Private Sewage Disposal Licensing Act and 
Code" of the Illinois Department of Public Health. 

 

 

 34-5-48 RESERVED. 

 

 

 

 

DIVISION XII - DRAINAGE AND STORM SEWERS 

 

 

 34-5-49 PURPOSE AND INTENT. It is the policy of the City to protect and 
promote the public health, safety and general welfare. The criteria for storm water 
detention will reduce the possibility of damage to public and private property, will reduce 
the erosion on land and creek channels, will assist in the attainment and maintenance of 
water quality standards, and will preserve and enhance the environmental quality of the 
watercourses in the City. This criteria provides uniform procedures for designing and 
checking the design of storm drainage detention systems. 


 The Plan Commission shall not recommend the approval of any plat unless, after 
consultation with the City Engineer, they determine that the proposed provisions for storm 
water drainage are adequate. Drainage improvements in the subdivision shall be 
coordinated with existing and planned drainage improvements elsewhere so as to form an 
integrated municipal system. The storm water drainage system shall be separate and 
independent of the sanitary sewer system. 

 

 

 34-5-50 SPECIAL DEFINITIONS. 

 (A) Development. Any activity, including subdivisions, that alters the 
surface of the land to create additional impervious surfaces including, but not limited to, 
pavement, buildings, and structures except: 

(1) Additions to, improvements and repair of existing single-family 
and duplex dwellings. 

(2) Construction of any buildings, structures, and/or appurtenant 
service roads, drives, and walks on a site having previously 
provided storm water control as part of a larger unit of 
development consistent with the original development plan. 

(3) Remodeling, repair, replacement, and improvements to any 
existing structure or facility and appurtenances that does not 
increase the impervious area on the site in excess of ten 
percent (10%) or add one acre of impervious area. 

(4) Construction of any one new single-family or duplex dwelling 
unit, irrespective of the site area on which the same may be 
situated. 

 (B) Emergency Spillway. A device or devices used to discharge water 
under conditions of inflow that exceed the design inflow. The emergency spillway 
functions primarily to prevent damage to the detention facility that would permit the sudden 
release of impounded water. It shall be designed to handle the runoff from a 100-year 
storm. 

 (C) Freeboard. The difference in elevation between the top of a 
structure such as a dam or open channel and the maximum design water surface 
elevation or high water mark and is an allowance against overtopping by waves or other 
transient disturbances. 

 (D) Principal Spillway. A device such as an inlet, pipe, weir, etc., to 
discharge water during operation of the facility under the conditions of a fifteen (15) year 
or less return frequency of the existing conditions, before the proposed development. 

 (E) Private Detention Facility. Any detention facility located on and 
controlling discharge from a site wholly owned and controlled by one owner and not 
platted for future subdivision of ownership. Also, all facilities incorporating detention 
storage of storm water in or on any of the following: 


(1) Roofs of buildings or structures also used for other purposes. 

(2) Paved or surfaced areas also used for other purposes. 

(3) Enclosed underground pipes or structures on private property 
when the surface is used for other purposes. 

 (F) Public Detention Facility. Any detention facility controlling 
discharge from a tributary area owned by more than one owner and/or platted for future 
subdivision of ownership, except as defined as a private detention facility herein. 

 (G) Rational Method. An empirical formula for calculating peak rates of 
runoff resulting from rainfall. 

 (H) Illinois Procedures and Standards for Urban Soil Erosion and 
Sedimentation Control Manual, March 1982 (IPSUSESCM). 

 (I) Tributary Area. All land draining to the point of consideration, 
regardless of ownership. 

 

 

 34-5-51 RESERVED. 

 

 

 

 

DIVISION XIII – GUIDELINES FOR DETENTION STORAGE 

 

 

 34-5-52 APPLICABILITY. This Code shall apply to all development within 
the limits of the City. Residential developments having a total area of less than five (5) 
acres, and commercial or industrial developments having a total area of less than two (2) 
acres, may be given a waiver by the City in accordance with Section 34-4-4 of this Code, 
subject to the following conditions. 

 (A) The City retains the right to require detention storage in all cases in 
which the proposed development will generate excess runoff that adversely affects the 
carrying capacity of the receiving watercourse. 

 (B) Developments less than two (2) acres with less than thirty percent 
(30%) of the area paved and developments generating less than one cubic foot per 
second (CFS)/acre increased runoff shall not be required to provide detention storage, 
unless conditions (A) is applicable. 

 (C) This Code shall apply for all newly platted areas and new 
developments proposed after the date of passage of this Code. All development that have 
an approved preliminary plan by the Plan Commission at the time of the approval of this 
Code will not have to conform to this Code. 

 

 

 34-5-53 AFFIDAVIT OF DISCLOSURE OF PROPERTY INTEREST. The 
effective acreage for a site is not limited to a fractional part of the total. If a project is 


developed in phases or small plats, the total acreage of the project site must be 
considered. At the time the owner of any development submits a preliminary plat or 
preliminary plan, he shall also identify to the City all contiguous property or property in the 
watershed that he has interest in. 

 

 

 34-5-54 METHOD OF EVALUATION. The storage capacity and discharge 
rate shall be based upon the calculated volume and peak flow of the storm water runoff, 
respectively. The calculations for sites having an area of one hundred (100) acres or less 
shall be made using either the Illinois Urban Manual: Section 4 – Standards or the Rational 
Method. If the site is larger than one hundred (100) acres then the Engineer shall use 
the Illinois Urban Manual: Section 4 - Standards or if another method is desired to be 
used, the Engineer shall submit a proposed method of evaluation for the calculations for 
review and approval. The permitted discharge rate of storm water runoff shall be 
determined by calculating the rate of runoff for the site's pre- and post-development 
conditions. The Engineer shall determine the most critical storm looking at three different 
time periods: 1) the time of concentration, 2) a one hour storm and 3) a 24-hour storm. 

 

 

 34-5-55 DETENTION OF DIFFERENTIAL RUNOFF. All new developments 
shall provide a storm water system that insures that the rate of flow of storm water runoff 
discharged from the site after development does not exceed the rate of flow of storm water 
runoff discharged from the site before development of a 25-year storm, unless given a 
waiver by the City in accordance with Section 34-4-4 of this Code. Data shall be 
submitted for the 15-, 25-, and 100-year frequency storm. 

 

 

 34-5-56 FLOWS FROM UPSTREAM AREAS. Flows from upstream areas 
outside the site should be based upon the assumption that those areas are fully developed 
under forecast land use patterns. The required storage volume will be based upon the site 
only, with flows from upstream areas being by-passed or discharged via overflow spillways 
or other devices for the 100-year storm. 

 

 

 34-5-57 FACILITIES IN FLOODPLAINS. If detention storage is provided 
within a floodplain, only the net increase in storage volume above that which naturally 
existed on the floodplain shall be credited to the development. No credit will be granted for 
volumes below the elevation of the base flood at that location unless compensatory 
storage is also provided. Where encroachments in the existing floodplain fill the valley 
storage areas, an equal amount of detention volume shall be provided. 


 34-5-58 LAND CREDIT FOR DETENTION FACILITIES. The number of 
units/lots shall be based on the total area of the tract to be developed. All areas to be 
used as detention facilities shall be included in this total area. 

 

 

 34-5-59 RESERVED. 

 

 

 

 

DIVISION XIV - DESIGN CRITERIA 

 

 

 34-5-60 GENERAL REQUIREMENTS. The design shall be accomplished 
under the direction of a Registered Professional Engineer. The design shall also be based 
on land use in the tributary area as zoned, actually developed, or indicated by an adopted 
future land use plan, whichever basis produces the greatest runoff. 

 

 

 34-5-61 OTHER REFERENCES. Other agencies have criteria and 
regulations pertaining to drainage systems which may complement this criteria. When 
conflicts are encountered the most rigorous criteria shall govern. 

 (A) Federal Insurance Agency. Floodplain Regulations and 
Implementing Ordinances Adopted by Municipalities: Drainage systems designed within 
the limits of the designated 100-year floodplain on the principal stream shall be designed 
to convey the flood as defined by applicable published floodplain information studies. For 
areas located in FIA Zone "A" outside the detailed study area, the developer shall prepare 
studies and calculations establishing the floodplain, elevation and width. These 
calculations shall be submitted to the reviewing agency for approval. 

 (B) Illinois Environmental Protection Agency – Urban Manual – “A 
Technical Manual Designed for Urban Ecosystem Protection & Enforcement”. 

 

 

 34-5-62 STORM WATER RUNOFF. The design criteria used in determining 
the amount of runoff shall be the same as set out in Section 34-5-49 of this Code. 

 

 

 34-5-63 HYDRAULIC CONSIDERATIONS FOR DETENTION STORAGE. 

 (A) Principal Spillways. Shall be designed to meet the following 
requirements: 

(1) The principal spillway shall be designed to function without 
requiring attendance or operation of any kind or requiring use 
of equipment or tools. 


(2) All discharge from the detention facility when inflow is equal to 
or less than the 100-year inflow shall be via the principal 
spillway(s). 

(3) The design shall allow for discharge of at least eighty percent 
(80%) of the detention storage volume within twenty-four (24) 
hours after the peak or center of mass of the inflow has 
entered the detention basin. On basins less than one 
hundred (100) acres, this shall not apply. 

(4) The design discharge rate via the spillway shall continuously 
increase with increasing head and shall have hydraulic 
characteristics similar to weirs, orifices or pipes. 

 (B) Emergency Spillways. The emergency spillway shall be provided to 
pass a 100-year storm without damaging any property and, where applicable, designed to 
Illinois Department of Water Resources Dam Safety Requirements. 

 (C) Outlet Works. Shall have an outlet works consisting of valves, 
gates, pipes, and other devices as necessary to completely drain the facility in seventy-
two (72) hours or less when required for maintenance or inspection on normally wet 
basins. 

 (D) Sediment Storage. Shall be designed to provide for five (5) years 
of sediment accumulation calculated by using Figure 1. All other detention facilities shall 
provide storage for two (2) years of sediment accumulation by using Figure 1, except for 
those using roofs of buildings, paved parking areas or other facilities designed to preclude 
the deposition or accumulation of sediment. Sediment storage volume shall be in addition 
to the volume required for temporary storage of storm water to properly size the detention 
facility on normally wet basins. 

 (E) Erosion Control. Principal spillways and outlet works shall be 
designed to prevent erosion and if necessary equipped with energy dissipating devices to 
slow the water to normal velocity as called out in the IPSUSESC Manual. Special 
measures shall be taken by the developer to not permit sediment from filling the proposed 
detention basin during all construction of the proposed development. 

 (F) Public Detention Facilities. The owner shall dedicate the detention 
facility and easements as set forth upon completion of the one-year warranty period and 
approval by the City Engineer, except: 

(1) When multipurpose wet facilities are planned or are suitable 
for use for private aquatic recreation or for aesthetic 
enhancement of the owner's property. 

(2) When multipurpose dry facilities incorporate surface 
recreational improvements. 

 (G) Private Detention Facilities. Shall be designed requiring the same 
criteria as the public detention facilities. 

 The amount of easement shall be equal to the land occupied by the facility plus a 
twenty (20) foot wide strip around the perimeter of the highest elevation attained by the 
design storage volume, plus an excess easement twenty (20) feet in width between the 
facility and public street. This easement shall be shown as common ground or be 


dedicated to the trustees of the subdivision or owner of the property for the purpose of 
maintenance of the storm water detention facility. 

 A plan for perpetual maintenance and designating responsibility for the 
maintenance shall be provided for its continuing performance to the standards established 
by this criteria. 

 

 

 34-5-64 RESERVED. 

 

 

 

 

DIVISION XV - PLAN REQUIREMENTS 

 

 

 34-5-65 PLAN REQUIREMENTS. The plan requirements shall be: 

 (A) Elevation-area-capacity curves for the storage facility including 
notation of the storage volumes allocated to runoff, and permanent residual water storage 
for other uses (wet basins only). 

 (B) Inflow hydrographs (detention volumes for rational method) for the 
15-, 25-, and 100-year recurrence interval design storms. 

 (C) Stage-discharge rating curves for each spillway and for combined 
spillway discharges. 

 (D) Routing curves for the 15-year and all greater criteria recurrence 
interval design storms with time plotted as the abscissa and the following plotted as 
ordinates (this item is not required for the rational method): 

(1) Cumulative inflow volume. 

(2) Cumulative discharge. 

(3) Stage elevation. 

 

 

 34-5-66 CONSTRUCTION ALTERNATIVES. 

 (A) A developer shall build, as part of his development, a detention basin 
as required by this Code, unless the following sections apply. 

 (B) Developers of adjacent tracts may combine to build one detention site 
large enough to meet the requirements of all the tracts of land with approval of the City. 
The basin shall be located in the same drainage basin. 

 (C) On-site detention will be required whenever increased runoff from the 
proposed development creates a hazard down stream as determined by the City 
Engineer. 

 

 

 34-5-67 RESERVED. 


DIVISION XVI - INSPECTION, MAINTENANCE AND 

ACCEPTANCE BY CITY 

 

 

 34-5-68 INSPECTION. The developer shall inspect or cause to be inspected, 
all storm water detention systems constructed within the City. Through such inspection 
reports the City Engineer shall ensure that the facilities under construction are being 
constructed in accordance with the approved plans for such development. 

 

 

 34-5-69 MAINTENANCE. Each owner of the property being developed has 
the responsibility and duty to properly operate and maintain any storm water management 
system which has not been accepted for maintenance by the City. The responsibility of 
maintenance of the system and subdivision projects shall remain with the developer until 
such time as the storm water management system escrow for such development has been 
released at the end of the one-year warranty period. Upon release of escrow, the 
maintenance responsibility shall be vested in the trustees of the subdivision by virtue of a 
trust indenture. Indenture of trusts shall clearly indicate resident responsibility for 
maintenance. All such privately owned maintained systems shall be subject to periodic 
inspections by the City Engineer or its representative. After an inspection by the City 
Engineer, he determines whether or not the conditions of the privately owned storm water 
detention system are safe and correct. Any cost incurred by the City, as a result of the 
City Engineer's actions, shall be attest against the owner(s) of the system. 

 

 

 34-5-70 ACCEPTANCE. Upon acceptance by the City Council, the storm 
water detention system may be dedicated to the City for perpetual maintenance. Any such 
system shall include adequate perpetual access and sufficient area for maintenance by 
the City personnel and vehicles. 

 

 

 34-5-71 RESERVED. 

 

 

 

 

DIVISION XVII - PENALTIES FOR VIOLATION 

 

 

 34-5-72 GENERAL. Violation of the provisions of this Code or failure to 
comply with any of its requirements, including conditions and safeguards established shall 
constitute a misdemeanor. Each day such violation continues shall be considered a 
separate offense. 


 34-5-73 CORRECTIVE ACTIONS. Nothing herein contained shall prevent 
the City from taking such other lawful actions as is necessary to forbid or remedy any 
violations. All such costs connected therewith shall accrue to the person or persons 
responsible. 

 

 

 34-5-74 PENALTY. Any person who violates this Code shall be subject to the 
penalty in Section 1-1-20 in the Revised Code.