As used in this chapter, the following terms shall have the
meanings indicated:
DEVELOPER
A person, firm, corporation, partnership, association, or
other entity having any legal, equitable, or beneficial interest in
the land sought to be subdivided or developed. For purposes of this
chapter, the terms "developer" and "subdivider" are interchangeable.
MAJOR STREET
A street of considerable continuity which serves or is intended
to serve as a major traffic artery connecting various sections of
the Village of Sidney.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
MINOR STREET
A street of limited continuity used primarily for access
to abutting properties and local needs of a neighborhood.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
MONUMENT
A physical structure which marks the location of a corner
or other survey point as required by provisions contained herein.
PLANNED UNIT DEVELOPMENT (PUD)
An area for which a unitary site plan has been prepared,
establishing at least, but not necessarily limited to, the following:
land uses, open space allocations, on-site circulation for both pedestrians,
bicycles, and automobiles, parking, setbacks, housing densities, building
spacings, land coverage, landscaping requirements, building heights,
accessory uses, and architectural treatments. A PUD must be designed
and developed in according to the Village's prevailing zoning ordinance.
SUBDIVISION
The dividing of a tract of land into two or more lots, parcels,
or tracts for the purpose of either immediate or future sale or building
development, including a resubdivision of any lots or blocks of more
than one acre in a recorded subdivision.
This 2007 Subdivision Ordinance, as hereafter amended, shall apply to all subdivisions of land as defined in §
210-1 hereof within the corporate limits of the Village of Sidney, Illinois, and subdivisions located outside of the Village's corporate limits but within 1 1/2 miles of the Village corporate limits after the effective date of this chapter, and all such subdivisions must comply with the requirements of this chapter.
The following shall be the minimum requirements for streets,
alleys, and walks in any new subdivision within the Village:
A. Location of streets and walks.
(1) Each lot or parcel of ground within a new subdivision shall be adjacent
to a public street.
(2) The street system in each new subdivision shall continue and extend
existing connecting streets in adjoining subdivisions, except minor
streets across a major intervening street where such continuation
or extension is not necessary to protect the interests of the public.
(3) The street system in each subdivision shall be extended and dedicated
to any adjacent unsubdivided property except in those instances in
which the adjacent property is not capable of being subdivided.
(4) No street shall be located less than 310 feet nor more than 1,000
feet from any parallel street measured at the center line of the streets,
except in those instances in which the topography of the land being
subdivided or the physical situation of that land, in the opinion
of the Sidney Village Engineer, makes such a street arrangement impractical.
(5) Whenever two parallel streets are located more than 750 feet apart,
a public walk having a right-of-way of not less than 10 feet in width
shall be provided for pedestrian travel to schools, playgrounds, shopping
centers, and other community facilities. Each such public walk shall
be located approximately equidistant between the two public streets.
(6) No private streets are permitted.
(7) Sidewalks.
(a)
Sidewalks shall be constructed on both sides of every street
and shall run to the back of curb at each corner lot.
(b)
All sidewalks along streets shall be installed in public rights-of-way.
The back of the sidewalk shall be approximately one foot inside the
right-of-way line unless, for good cause, a variance in location is
approved by the Village Board.
(c)
All sidewalks shall be not less than four feet in width, except
as follows: Sidewalks along major streets and commercial areas shall
be not less than five feet in width.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(d)
Sidewalks shall be constructed of not less than 5 1/2 inches
in thickness of Portland cement concrete. Said concrete shall have
a compressive strength of 4,000 psi at 28 days and shall contain air
entraining agent (4% to 6%) which shall be field-verified for content.
Said concrete shall include No. 4 (1/2-inch) rebar on four-inch centers.
(e)
Sidewalks shall receive curing compound in accordance with Illinois
Department of Transportation standard specifications after placement.
A minimum of two inches of compacted sand shall be provided subgrade
under all sidewalks.
(f)
All sidewalks abutting streets shall be ramped to meet Americans
with Disabilities Act (ADA) regulations. Sidewalks shall have a nonslip
surface with a light broom finish; 3/4-inch-thick bituminous fiberboard
expansion joints every 50 feet of length are required. All contraction
joints shall be hand tooled, not sawed, at five-foot intervals. All
edges shall be edged with an edging tool.
B. Design of streets.
(1) Proposed layout of streets within the development shall be consistent
with the Village's Street System Master Plan, as shown in Exhibit
A, incorporated herein by reference. Where major or collector streets are shown in said map,
streets shall be located in accordance with this plan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2) The minimum width of right-of-way for streets shall be as follows:
(a)
Major streets, which are those streets used primarily for through
traffic, including those designated as such by the corporate authorities
of the Village of Sidney, shall conform to the specifications shown
in the current Highway Standards and/or Design Manual, both published
by the Illinois Department of Transportation, and as the same may
be hereafter amended, but under no condition will the right-of-way
be less than 80 feet. These current Highway Standards and Design Manual
and any revisions or amendments which may from time to time be made
are hereby adopted and made part of this section to the same extent
and with the same legal effect as if fully set forth herein.
(b)
All other streets, including those designated by the corporate
authorities of the Village of Sidney as secondary or non-major streets,
shall be platted to a width of not less than 60 feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3) Whenever a street in a new subdivision is a continuation of an existing street in an adjoining subdivision and the right-of-way of the existing street is less than the applicable width prescribed in Subsection
B(2), then these new regulations shall apply.
(4) Whenever a street in a new subdivision is a permanent street and
is not and cannot be continued to another street, the street shall
be considered and treated as a cul-de-sac.
(5) In each instance in which the subdivider owns the land on both sides
of a proposed street, the entire right-of-way for the street shall
be dedicated by the subdivider.
(6) When a new subdivision adjoins a dedicated half-street in an existing
subdivision, the subdivider shall dedicate the remainder of the street.
(7) In those instances in which the owner or owners of a new subdivision own the land on only one side of an existing street, the right-of-way of which is narrower than that required by Subsection
B(2), the subdivider shall dedicate additional right-of-way of sufficient width to make that portion of the right-of-way lying between the center line of the existing right-of-way and the outside edge of the additional right-of-way at least equal to one-half the required right-of-way width.
(8) Major streets shall be designed with curves having a center-line
radius of not less than 500 feet, except where a lesser radius is
deemed safe and adequate to serve the public needs. All other streets
shall be designed with curves having a center-line radius of not less
than 150 feet, except where a lesser radius is deemed safe and adequate
to serve the public needs. No streets shall be laid out with jogs
having center-line offsets of less than 125 feet. Surface grading
at street intersections shall be such as to ensure that a sight distance
of not less than 100 feet will exist along intersecting streets.
(9) Streets intersecting any street or highway shall do so at as near
a 90° angle as possible, but in no event at an angle of less than
60°. Intersections shall be designed with twenty-five-foot minimum
radius turnouts.
(10)
Where a subdivision abuts or contains an existing or proposed
major street, the Planning Commission may require marginal access
streets, reverse-frontage lots with screened plantings, rear service
alleys, or other such treatments as may be necessary to provide separation
of through and local traffic.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(11)
All streets intersecting a collector street or access highway
shall have a tangent section of at least 50 feet measured from the
right-of-way line of the collector street or access highway. No such
tangent will be required when the center line of the intersecting
street has a curve radius greater than 1,000 feet.
(12)
The intersection of subdivision streets with any existing highway
shall be designed as specified by the agency having maintenance authority
for said highway. The developer shall obtain all permits for such
construction from the applicable state, county, or township authority.
(13)
Culs-de-sac shall have a maximum length of 600 feet measured
from the center line of the intersecting street to the center of the
turnaround, unless, in the opinion of the Sidney Village Engineer,
the topography of the land being subdivided or the physical situation
of that land makes such a restriction impractical.
C. Location and design of alleys.
(1) Alleys may be provided for lots or parcels of ground intended for
business, commercial, industrial, and multiple-family residential
uses.
(2) No alleys shall be provided for lots intended for one- and two-family
residential uses.
(3) The minimum width of right-of-way for alleys shall be as follows:
(a)
Alleys to serve business, commercial, or industrial uses: 24
feet.
(b)
Alleys to serve multiple-family residential area only: 20 feet.
(4) No dead-end alleys are permitted.
(5) No private alleys are permitted.
D. Names of streets and alleys.
(1) Proposed streets which are obviously in alignment with or continuations
of existing streets already named shall bear the same name as existing
streets. In no case shall the name of a proposed new street duplicate
the name of an existing street in the Village of Sidney.
(2) The Village of Sidney retains the right to reject street names proposed
by the developer, for any reason, and to propose alternative street
names in lieu of the developer's proposed names.
E. Construction of streets, alleys, and walks.
(1) The grades of major streets shall not be steeper than 5.0% and no
tangent street grade shall be less than 0.4%.
(2) Street improvements shall be bounded by curbs, gutters, or combination
curbs and gutters as shown in Figure 1,
attached to this chapter,
which is incorporated herein by reference.
(3) The minimum width of improved areas of streets shall be as follows:
(a)
Major streets: 24 feet edge to edge of surfacing, as shown in
Figure 1, or 38 feet back of curb to back of curb, as per Figure 1.
(b)
All other streets: 20 feet edge to edge of surfacing as shown
in Figure 1 or 28 feet back of curb to back of curb, as per Figure
1.
(c)
Permanent turnarounds at the end of the cul-de-sac. The outside
diameter of the surface area of the turnaround shall be not less than
100 feet.
(4) The minimum width of improved areas of alleys shall be as follows:
(a)
Alleys to serve business, commercial and industrial areas or
uses: 20 feet.
(b)
Alleys to serve multiple-family areas or uses: 16 feet.
(5) Pavements for all developments which, upon final dedication will
be served by and/or discharge directly to or will be tributary to
a publicly owned wastewater treatment works, as defined by 35 Ill.
Adm. Code § 301.365, and/or a publicly owned sanitary sewer
as defined by 35 Ill. Adm. Code § 301.375 shall be constructed
with either Portland cement concrete or bituminous concrete (i.e.,
asphalt) in accordance with the existing Standard Specifications for
Road and Bridge Construction as issued by the Illinois Department
of Transportation. Portland cement concrete (PCC) pavements in residential
areas shall be unreinforced and not less than eight inches in thickness.
PCC pavements shall be placed on not less than three inches of compacted
CA-6 subbase. Bituminous concrete pavements shall be three inches
of bituminous concrete laid in two courses over a minimum of 10 inches
of compacted IDOT-approved crushed stone coarse aggregate base material,
Gradation CA-6 or CA-10. Crushed stone base material shall be within
3% of optimum moisture and shall be compacted in twelve-inch maximum
lift thicknesses, to not less than 95% density and in accordance with
ASTM D1557, Modified Proctor. Alley pavements to serve business, commercial
and industrial areas shall conform to these major street pavement
requirements.
(6) Pavements for all developments which, upon final dedication, are
intended to be served by private sewage disposal systems as defined
by 77 Ill. Adm. Code § 905.30 shall be constructed using
a minimum of 10 inches of IDOT-approved compacted crushed stone coarse
aggregate base course material, Gradation CA-6 or CA-10, with an A-3
oil and chip surface treatment (as defined by IDOT Standard Specifications
for Road and Bridge Construction) and five-foot-wide shoulder as shown
in Figure 1. Crushed stone base material shall be within 3% of optimum
moisture and shall be compacted in twelve-inch maximum lift thicknesses,
to not less than 95% density and in accordance with ASTM D1557, Modified
Proctor. The developer shall construct streets in accordance with
the cross section shown in Figure 2, attached hereto and incorporated
herein by reference. After completion of pavement construction, the final,
top layer of stone shall be rolled with a mechanized asphalt roller.
(7) All curbed corners shall have a radius of not less than 25 feet,
and at intersections involving major streets such radius shall be
not less than 30 feet.
(8) The subdivider shall notify the Village Clerk in advance of the date
construction of the required improvements will begin.
(9) No plat of any subdivision shall be finally approved by the Village
Board of Trustees until:
(a)
A copy of the plans and specifications for the required street,
alley, and public walk improvements, including street drainage, has
been filed with and approved by the Village Board of Trustees. The
plan and specifications shall meet the minimum design standards that
are acceptable to the Village Engineer.
(b)
The improvements (including the street drainage) have actually been constructed in accordance with such plans and specifications or a construction performance bond payable to the Village in a penal sum equal to 120% of the estimated cost of such public improvements, as approved by the Village Engineer, in a form acceptable to the Village and secured by a bank letter of credit or other security acceptable to the Village Attorney and the Village Trustees, and a maintenance bond, also secured by a bank letter of credit or other security acceptable to the Village Attorney and Village Trustees, in an amount equal to 25% of the public improvement cost estimate, conditioned upon the construction of the improvements in full conformity with the plans and specifications within two years from the date thereof, and as to the maintenance bond, conditioned upon the satisfactory performance and condition of said improvements for one year after the Village's conditional acceptance of such improvements. Any bond so given to guarantee the construction of any such improvement may be released by the President and Board of Trustees only after receiving a written statement from the Village Clerk that the improvement has been constructed and that the certificate of a State of Illinois registered professional engineer as required in Subsection
E(9)(c) has been received.
(c)
A certificate of a State of Illinois registered professional engineer employed by the subdivider must be filed with the Village Clerk certifying that the required improvements were inspected during the actual construction by said registered professional engineer or a competent person acting under his or her direction and that such improvements have been constructed in accordance with the aforesaid plans and specifications; or, in the event the subdivider files a bond as provided in the preceding Subsection
E(9)(b), such bond contains an additional provision guaranteeing such inspection during construction as required herein and the furnishing of the aforesaid certificate of the registered professional engineer upon completion of the construction of the required improvements.
(d)
In the event the engineer employed by the subdivider is discharged
before completion of the required improvements, an amendment to the
existing bond naming the new State of Illinois registered professional
engineer shall be filed with the Village and approved before proceeding
any further with the construction of the required improvements.
(e)
The construction performance bond form, the maintenance bond
form, both with corporate surety, or secured by a bank letter of credit
or other security approved by the Village Attorney, shall be substantially
in the form attached as Exhibit B, attached hereto and incorporated
herein by reference.
F. Street signs, traffic signs, and pavement markings.
(1) A four-way metal street name sign shall be erected at each street
intersection. Such signs shall conform to the specifications established
by the Village.
(2) The subdivider shall erect within the development the necessary traffic
signage, including stop signs, directional signs, speed limit signs,
etc., which shall be in conformance with the Federal Highway Administration's
Manual on Uniform Traffic Control Devices (MUTCD) and current IDOT
standards.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3) Where applicable, the subdivider shall apply within the development
the necessary pavement markings, including pavement edge lines, center
lines, and directional arrows. Pavement markings shall conform with
the Federal Highway Administration's Manual on Uniform Traffic Control
Devices (MUTCD) and current IDOT standards.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G. Monuments. All lot corners shall be monumented by at least a 1/2-inch-diameter
round or 1/2-inch-square iron rod or a 1/2-inch iron pipe at least
30 inches long, set on the lot corner. All lot corners that may have
been disturbed or lost during the construction of the streets and
sewers shall be replaced at the expense of the subdivider. All block
corners, beginning and ending of all curves on curved streets, or
angle points in streets shall be monumented with a permanent monument
set in a concrete post, the concrete post having a minimum length
of 36 inches and a minimum cross section of a four-inch circle. This
monument shall be set sufficiently below the surface of the ground
to make its disturbance unlikely.
H. Streetlights.
(1) Electrical work for all streetlighting shall comply with the National
Electrical Code. Cabling shall be direct burial type. However, cabling
at street crossings shall be in galvanized rigid steel conduit.
(2) Streetlights shall be provided at all street intersections and at
intervals not greater than 300 feet apart.
(3) Streetlighting shall consist of complete installation of pulse-start
metal halide decorative post top type luminaires. Lamps shall have
a 150-watt fixture. Support poles shall be architectural aluminum,
with black exterior coating. Lamp and post units shall be Holophane
Utility Series, Utility Arlington lamp on a Plymouth-style post or
Village-approved equivalents. Lamps shall be controlled by integral
photocells.
Whenever the tract to be subdivided is of such unusual size
or shape or is surrounded by such development or unusual conditions
that the strict enforcement of the regulations would entail practical
difficulties or unnecessary hardships, the Village Board, by resolution,
after report by the Planning Commission, may vary or modify them in
such a way that the subdivider is allowed to develop his property
in a reasonable manner, but at the same time, the public welfare and
interests of the Village and county are protected and the general
intent and spirit of the regulations are preserved.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. The fees payable to the Village in conjunction with the submission of an initial preliminary plat and other required documents, the submission of a request for a waiver of the applicability of the requirements of this chapter for a proposed subdivision within 1 1/2 miles of the corporate limits of the Village of Sidney or submission of a proposed annexation agreement under this chapter are set forth in Chapter
130, Fees, of the Village Code.
B. The applicant must also pay a fee for the Village's out-of-pocket
costs for public hearings, public meetings, engineering fees, attorney
fees and other out-of-pocket costs incident to the Village's processing
of such subdivision plat, subdivision waiver or annexation agreement.
This fee shall be estimated by the Village Clerk in consultation with
the Village President, Village Engineer, and Village Attorney, and
paid with the initial application or request. If such costs exceed
the fee paid, the applicant shall pay such excess. If the fee paid
exceeds such costs, the Village shall refund such excess.
The President and Board of Trustees may, in their discretion,
waive, defer or vary requirements of this chapter in a particular
case for a particular subdivision, after consideration thereof by
the Village Planning Commission, if it determines that such waiver,
variance or deferral is consistent with the objectives of this chapter
and is not contrary to the public interest, provided that a subdivider
shall submit any requests for such waivers, variances or deferrals
from the requirements of this chapter with his other required subdivision
proposal submittals.