A.
Utility easements. The Village Board, on the recommendation
of other appropriate departments, utilities and agencies serving the
Village, shall require utility easements for poles, wires, conduits,
storm and sanitary sewers, gas, water and force mains or other utility
lines. It is the intent of this chapter to protect all established
easements so as to assure proper grade, assure maintenance of the
established grade, prohibit construction of permanent fences or retaining
walls over underground installation and prevent the planting of trees
in the easement area.
B.
Drainage easements. Where a subdivision is traversed
by a watercourse, drainage way, channel or stream:
(1)
There shall be provided a stormwater easement or drainage
right-of-way conforming substantially to the lines of such watercourse
and such further width or construction, or both, as will be adequate
for the purpose and as may be necessary to comply with this section;
or
(2)
The watercourse, drainageway, channel or stream may
be relocated in such a manner that the maintenance of adequate drainage
will be assured and the same provided with a stormwater easement or
drainage right-of-way conforming to the lines of the relocated watercourse,
and such further width or construction, or both, as will be adequate
for the purpose and may be necessary to comply with this section.
(3)
Wherever possible, it is desirable that drainage be
maintained by an open channel with landscaped banks and adequate width
for maximum potential volume of flow. In all cases, such watercourse
shall be of a minimum width established at the high water mark or,
in the absence of such specification, not less than 30 feet.
C.
Easement locations and configurations. Electric, telephone
and cable television utility easements shall be at least 12 feet wide.
Such easements should preferably be located along rear lot lines.
Evidence shall be furnished the Village Board and Plan Commission
that easements and any easement provisions to be incorporated in the
plat or in deeds have been reviewed by the individual utility companies
or the organization responsible for furnishing the services involved.
Underground pipeline easements shall be at least 20 feet in width
for a single pipeline, with at least an additional 10 feet in width
being added for each additional pipeline within the easement. All
easements dedicated on final plats or certified survey maps for poles,
cables or conduits for electricity, telephone or other private utility
lines shall be noted thereon as "Utility Easement." All easements
for storm and sanitary sewers, water and force mains, pedestrian walks
and other public purposes shall be noted thereon as "Public Easement
for" followed by reference to the use or uses for which they are intended.
D.
Deed restrictions for easements. Deed restrictions
shall accompany each final plat or certified survey map and shall
be filed in the Register of Deeds office. Such deed restrictions shall
state that the elevation of such easements as graded by the subdivider
may not be altered thereafter by him or any subsequent landowner.
A.
Dedication of lands for playgrounds, parks, public
lands.
(1)
The subdivider shall designate on every new preliminary
plat an area of land suitable for playground or park, and shall dedicate
said lands to the public at the rate of one acre for each 26 proposed
dwelling units, or where a combination of residential uses is intended,
the minimum dedication shall be the sum obtained by adding 10% of
the acreage intended for single-family and two-family dwellings and
15% of the acreage intended for multifamily dwellings, whichever is
greater. Where a definite commitment is made to the Village by the
developer with respect to those portions of the total acreage intended
for single-family, duplex and multifamily dwellings, the dedication
shall be based upon the maximum dedications which the zoning classification
of the parcel will permit.
(2)
Site reservations required.
(a)
Where the area proposed to be divided contains
a park, playground or other public area which is shown upon the Comprehensive
or Master Plan of the Village, such area shall either be dedicated
to the proper public agency or, at the Village Board's determination,
it shall be reserved for acquisition thereby within a three-year period
by purchase or other means. If the land is not acquired during this
period, it shall be released to the subdivider.
(b)
Whenever any river, stream or important surface-drainage
course is located in the area being divided, the subdivider of land
shall provide an easement along each side of the river, stream or
drainage course for the purpose of widening, deepening, relocating,
improving or protecting the river, stream or drainage course for drainage
and other uses. Along the floodway to Black Earth Creek a fifty-foot-wide
buffer area shall be provided on which surface alteration or building
is prohibited. Building setbacks shall begin at the edge of the buffer
farthest from the floodway.
B.
C.
Suitability of lands. The Plan Commission and Village
Board shall have sole authority to determine the suitability and adequacy
of park lands proposed for dedication. Drainageways, stormwater management
facilities, wetlands or areas reserved for streets shall not be considered
as satisfying park land dedication requirements.
D.
Access to dedicated land. All dedicated land shall
have frontage on a public street and shall have unrestricted public
access.
E.
Utility extensions. The subdivider shall install or
provide for installation of water and sanitary sewer mains to the
farthest property line of all dedicated land where such services are
to be provided to the adjacent properties.
