(A)
Streets and rights-of-way.
(1)
General. All streets shall be designed and installed in accordance with the requirements of this Chapter 16 and shall be designed to allow the safe passage of moving traffic. A subdivision shall be designed so as to accommodate the extension of existing and planned streets in the Village and shall recognize the connectivity of any neighborhood surrounding the proposed subdivision.
(2)
Private streets. No subdivision shall contemplate or allow for
a private street, unless:
(a)
A variation is granted, allowing for one or more private streets within the subdivision, in accordance with Article 9 of this Chapter 16; and
(b)
The applicant executes and records, against all lots fronting
on the private street, a declaration, in a form acceptable to the
Village Attorney, disclosing that the street is private and will not
be maintained by the Village.
(3)
Right-of-way widths.
(a)
Major streets shall be not less than 40 feet in width from curb
to curb, and shall be located on rights-of-way not less than 80 feet
in width.
(b)
Minor streets shall be not less than 27 feet in width from curb
to curb, and shall be located on rights-of-way not less than 66 feet
in width.
(c)
Alleys shall be not less than 20 feet in width.
(4)
Cul-de-sac streets. All culs-de-sac shall terminate in a circular
right-of-way with a minimum pavement diameter of 60 feet, and shall
not be located more than 300 feet from the nearest street intersecting
with the street terminating in the cul-de-sac.
(5)
Pavements. No street shall be paved unless provisions are made
for the concurrent installation of curbs, gutters, and storm sewers
herein required.
(6)
Intersection design and improvement. Intersections shall be
designed and constructed in accordance with Village Engineer specifications.
(7)
Street signs. Metallic street name signs shall be erected on
metallic posts at each intersection. The type of sign, its location,
and its erection shall be determined by the Village Engineer. Signage
shall be of the same type as currently required to be installed in
other areas of the Village.
(8)
Streetlights. Standard streetlights shall be installed; provided,
however, that the applicant may request use of an ornamental or decorative
streetlight other than the standard streetlights approved for installation
by the Village and by the applicable electric utility. Such ornamental
or decorative streetlighting system shall be approved by the Village
Engineer. The maintenance, repair, and replacement of such ornamental
or decorative streetlighting system shall be the sole responsibility
of a homeowners' association or other private entity pursuant
to a declaration of covenants required as part of the subdivision
approval. Electrical energy charges for such lights placed in the
public right-of-way shall be the responsibility of the Village. The
use of LED or other environmentally friendly streetlights, when physically
feasible and economically practicable, is encouraged.
(9)
Traffic study. The Village may require the submission of a traffic
study by a qualified traffic engineer addressing the design and installation
of adequate and safe capacity and adequate traffic control devices
on the streets adjacent to and within the proposed subdivision.
(10)
Construction standards. All streets and rights-of-way shall
be constructed in accordance with the applicable standards set forth,
and with the materials identified, in the Village's Engineering
Guide.
(B)
Sidewalks. Sidewalks shall be located one foot off the property line,
shall be five feet wide, and shall be constructed of concrete. Sidewalks
shall be provided on both sides of all streets throughout a subdivision;
provided, however, that the Board of Trustees may, in its discretion,
allow the installation of a sidewalk on only one side of a cul-de-sac
street or on only one side of any street in a residential district.
(C)
Water systems. The water system of the Village shall be extended
to serve all lots within a subdivision in accordance with Village
Engineer specifications, as well as to accommodate extension to or
connection with current or future water facilities on adjoining properties.
All newly constructed water mains shall be of the following minimum
diameters:
(D)
Fire hydrants. Fire hydrants shall be installed throughout the entire
subdivision at a distance not more than 300 feet (including streets)
from each lot and in specific locations approved by the Village Engineer.
(E)
Sanitary sewer systems. Sanitary sewer systems shall be installed
to serve all lots within a subdivision in accordance with Village
Engineer specifications.
(F)
Stormwater facilities.
(1)
Separate storm sewer system. A storm sewer system shall be constructed
throughout the entire subdivision which shall be separate and independent
of the sanitary sewer system and which shall provide an efficient
outlet for stormwater after collection thereof; provided, however,
that no storm sewer system shall be required if the Village Engineer
determines, in his or her sole discretion, that it is infeasible to
construct such a system. Storm sewers shall be installed and constructed
on both sides of a street, or on one side of the street with services
stubbed to the other side, and no street shall be paved unless provision
is made for the concurrent installation and construction of storm
sewers for the full length of the street pavement. Only storm sewers
located within the public right-of-way or within an easement in favor
of the Village shall be public storm sewers.
(2)
Private storm sewers. In the event the Village Engineer shall
determine that storm drainage to a public storm sewer is required
for a privately maintained street because of the topography of the
land in and around the parcel being subdivided, private storm sewers
shall be installed within the subdivision pursuant to plans approved
by the Village.
(3)
Private maintenance of stormwater detention areas. Stormwater detention areas (including basins and below-ground detention structures) required to comply with the Village's stormwater management ordinance, as set forth in Chapter 12, Article 6, of this Code, will be sited in common areas specifically set aside for such use. The responsibility for operation and maintenance of the detention area shall be that of a homeowners' association or other private entity pursuant to a declaration of covenants required as part of the subdivision approval.
(A)
(B)
Improvement plan for guaranteed improvements.
(1)
Filing. Upon receiving notification of the Village Engineer's determination that the proposed subdivision includes guaranteed improvements, the applicant shall submit a detailed plan containing grading, utility, geometric, stormwater management, traffic impact studies and erosion control plans and specifications ("guaranteed improvement plan"), which plan shall comply with all applicable codes and ordinances, including, without limitation, Section 16-6-1 of this Code. Profiles shall be drawn to a horizontal scale of not more than one inch equals 40 feet and vertical scale of not less than one inch equals four feet, which plans and profiles shall be prepared by an engineer licensed by the State of Illinois in accord with all applicable codes and ordinances of the Village.
(2)
Review. The Village Engineer shall review the guaranteed improvement plan for the installation, construction and design of all guaranteed improvements. Guaranteed improvements shall be subject to the Village Engineer's review and approval, and shall include, without limitation, street pavements, curbs, gutters, sidewalks and pathways, fire hydrants, water mains, sanitary sewers, storm sewers and stormwater storage facilities, streetlights and other guaranteed improvements detailing the existing center-line elevations of all streets and alleys in the proposed subdivision and the center-line elevations of proposed pavements. No engineering, drainage, and grading plan shall be deemed approved unless the certificate of the Village Engineer is reflected thereon, certifying that the guaranteed improvements described thereon in the applicant's statement and that the plan meets the minimum requirements of this Chapter 16 and all other applicable ordinances of the Village, which certificate shall include the Village Engineer's estimate of the cost of such improvements, as well as the costs of engineering and inspection.
(3)
Elevations. All elevations depicted on the guaranteed improvement
plan shall refer to USGS datum.
(C)
Performance security for guaranteed improvements.
(1)
General requirement. The applicant shall submit to the Village a performance security for all guaranteed improvements contemplated or required for the subdivision in accordance with the requirements of this Section 16-6-2, which shall be for the purpose of ensuring the construction of all of the guaranteed improvements in accordance with the guaranteed improvement plan and all applicable requirements of law.
(2)
Amount of performance security. Prior to the issuance of any
building permit or commencement of any construction on the property,
the applicant shall deliver to the Village a performance security
in the amount of 110% of: (a) the Village Engineer's estimate
of the costs for constructing and installing all of the guaranteed
improvements; or (b) the actual cost as shown by all contracts for
construction and installation of all of the guaranteed improvements,
whichever is greater.
(3)
Form of performance security. The performance security required by this Section 16-6-2(C) shall be in the form of either: (a) an irrevocable letter of credit, issued by a financial institution, and in a form, acceptable to the Village Attorney; or (b) a substantially similar form of performance security, acceptable in substance and form to the Village Attorney.
(4)
Terms of performance security. The performance security shall remain in effect at all times until all of the guaranteed improvements have been approved by the Village Engineer and the public improvements have been accepted by the Village pursuant to Section 16-6-3(B) of this Code. If the guaranteed improvements have not been completed and accepted or approved by the Village by the date that is 30 days prior to the date on which the performance security by its terms is to expire, then the applicant shall deliver on or before such date replacement security which by its terms shall extend through the date the guaranteed improvements are accepted or approved by the Village. If the applicant fails to so deliver such performance security, then the Village shall have the right at such time, and without prior notice to the applicant, to draw down the full amount of the existing performance security.
(5)
Draw on performance security. If the applicant fails or refuses
to complete the construction of any of the guaranteed improvements
covered by the performance security, or fails to correct any defect
or deficiency in such improvements upon request by the Village, or
in any other manner fails or refuses to meet fully the obligations
under the performance security, or the applicable development agreement,
then the Village may, in its sole and absolute discretion, draw on
or retain all or any part of the performance security.
(6)
Partial reduction of performance security. The applicant may make a written request to the Village Engineer to partially reduce the amount of the approved performance security. The Village Engineer shall be authorized, in his or her sole discretion, to approve a partial reduction in the amount of the performance security, provided that the guaranteed improvements for which the reduction is sought have been completed, inspected, and approved by the Village Engineer. In no event shall the amount of the performance security be reduced to a level that: (a) would not allow the Village to complete the installation of the guaranteed improvements required for the subdivision, in the absolute opinions of the Village Engineer and Village Manager; or (b) is less than the guaranty security required by Section 16-6-3(C) of this Code.
(7)
Release of performance security. Following the Village Engineer's certification that all guaranteed improvements included in the security have been completed to the satisfaction of the Village Engineer, and the Village's acceptance of all public improvements in accordance with all requirements of Section 16-6-3(B) of this Code, including, without limitation, the delivery of satisfactory guaranty security for all public improvements, the Village Manager shall release the performance security.
(D)
Inspection of guaranteed improvements. The guaranteed improvements
shall not be deemed completed until the Village Engineer, or the Village's
appointed inspector, has inspected the guaranteed improvements, determined
that the approved engineering plans have been satisfactorily implemented,
and has issued a written declaration of completion to the applicant.
Upon written request from the applicant, and promptly thereafter,
at a time mutually agreeable to the applicant and the Village Engineer
or its appointed inspector, the Village Engineer or its appointed
inspector shall inspect the guaranteed improvements and report its
findings as to acceptability and completeness to the applicant. The
Village Engineer shall prepare a punch list of items, if any, to be
performed or corrected and shall fix a time within which the applicant
shall perform or correct the items listed thereon. Following the applicant's
performance or correction of the items on the punch list, the Village
Engineer or its appointed inspector shall make another review of the
guaranteed improvements, and shall either issue a written declaration
declaring the guaranteed improvements to be complete, or present another
punch list to the applicant.
(B)
Dedication and acceptance of public improvements. The acceptance of the public improvements shall be made only by the adoption of a resolution by the Board of Trustees of the Village after there has been filed with the Village Manager a certification by the Village Engineer stating that: (1) the public improvements have been completed and the public improvements are in all respects in satisfactory condition for acceptance; (2) two sets of as-built plans of the public improvements constructed have been received by the Village Engineer; (3) satisfactory guaranty security for the public improvements has been delivered to the Village in accordance with Section 16-6-3(C) of this Code; and (4) all surveying monuments have been placed in accordance with Section 16-5-9 of this Code, and after the applicant has paid to the Village all monies due and owing by the applicant to the Village. Further, the Village shall have no obligation to accept the public improvements if the applicant has failed in any respect to comply strictly with this Chapter 16. Prior to acceptance of the public improvements, the applicant shall, at the applicant's sole cost and expense, remove, discharge, or otherwise dispose of any and all liens and other encumbrances on the public improvements. The applicant shall convey and transfer title to the public improvements by bill of sale to the Village. The applicant shall deliver such documents to the Village, together with any other documents deemed necessary by the Village Attorney, including, without limitation, nonexclusive easements on, over, and across the property to enable the Village to access the public improvements. All such documents shall be acceptable to the Village Attorney in form and substance.
(C)
Guaranty security for public improvements. The applicant shall provide
to the Village guaranty security, in an amount equal to 10% of the
actual cost of construction of all the public improvements, the form
and substance of which shall be acceptable to the Village Attorney.
The guaranty security shall insure the Village against any defects
in the work performed and materials used in the construction of the
public improvements for two years after the Village's acceptance
of the public improvements. Such security, as approved by the Village
Attorney, shall be delivered to the Village prior to acceptance of
the public improvements. In the event that any public improvement
is repaired or replaced within two years of the date of the acceptance
by the Village of the public improvement, the term of the guaranty
security for the repaired or replaced public improvement shall be
extended for two years from the date of repair or replacement.
(D)
Minimum required public improvements. No building permit for any
habitable structure on any lot or site within a subdivision shall
be issued until all required public improvements have been completed
pursuant to the final engineering plans. To the extent this requirement
is modified by an agreement duly approved by the Board of Trustees,
and notwithstanding anything contrary in such agreement if approved
after the effective date of this provision, no building permit for
any habitable structure on any lot or site within a subdivision shall
be issued until after such site or lot is served by public water and
sewer and a street improved at least through binder course.
