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VILLAGE OF COLFAX, ILLINOIS

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Back To Board Minutes Listing Chapter 22 | Saturday, March 21, 2009
CHAPTER 22 SUBDVISIONS
22. 01 SUBDIVISION CONTROL. For the purpose of the present and future development of the Village of Colfax, and for the promotion of the public health, and the safety, comfort, morals and welfare of persons living within the territory governed, the provisions and regulations hereinafter contained which shall govern the subdividing and platting of lands lying within the corporate limits of the Village of Colfax as now or hereafter existing or within the area of jurisdiction of the Colfax Village Board as now or hereafter established under the provisions of the statutes of the State of Illinois, are hereby adopted as part of the Official Plan of the Village of Colfax.
For the purpose of this chapter, the word "subdivision" shall mean the dividing of a tract of land into two or more lots, tracts or sites for the pur pose, either immediate or future, of sale or building development, or a re subdivision for any such purpose.
22. 02 PLAT INVALID WITHOUT APPROVAL. After passage of this code no plat of any subdivision shall be valid nor entitled to record unless and until the same has been approved by the Board of Trustees in accordance with the procedure hereinafter provided, and no plat of a subdivision shall be approved without compliance with the standards of design and improvements required as hereinafter set forth.
22. 03 STANDARDS OF DESIGN AND REQUIRED IMPROVEMENTS. The
following requirements are hereby adopted as the minimum standards of de sign of a subdivision and of improvements required to be constructed or in stalled therein.
22. 04 STANDARDS OF DESIGN. The following standards of design shall be followed in any subdivision:
(a) Streets A public Street or streets shall be provided to afford con venient access to all property within the subdivision. No private street or thoroughfare shall be permitted.
The proposed street system shall extend existing adjoining streets un less the extension thereof would not be practical.
Where, in the opinion of the Village Board, it is desirable to provide for street access to adjoining property, the proposed streets shall be extended by dedication to the boundary of such property.

Subdivisions 22. 04
(b) Alleys. Alleys shall be provided at the rear of all lots or tracts intended for business, commercial or industrial use, and multiple family building use, but shall not be provided in residential blocks except where the subdivider produces evidence satisfactory to the Village Board of the need for alleys.
(c) Street Widths. The minimum width of right of way of a street, alley or thoroughfare, measured between the lines of the property abutting upon the right of way, shall not be less than the following:
1. Major streets, being those to be used primarily for fast or heavy traffic, and shown on the Major Thoroughfare Plan, and streets through business areas, 80 - 100 feet as required.
2. Residential streets, 60 feet.
3. Cul-de-sacs, which are permanent dead end streets, with per manent turnaround having an inside diameter of not less than 50 feet.
4. Alleys, to serve business areas, 24 feet.
5. Alleys, to serve residential blocki, 20 feet.
In the case of the extension of an existing adjoining right of way having a width less than the minimum requirement, the Village Board may approve the extension thereof at the same width.
The entire right of way shall be provided where any part of the sub division is on both sides of the right of way.
When the subdivision is located on only one side of an existing right of way, which is less than the required width, the subdivider shall dedicate additional right of way to meet the requirement, but not exceeding one-half of the total required width.
In case where topography or other conditions make the dedication of a street or part thereof of the required minimum width impractical, the Village Board may modify the above requirements.
(d) Street Grades. Grades of major streets shall not exceed 7 percent. Grades of other streets shall not exceed 10 percent.
(e) Curves in Streets. Curves in streets shall be permitted, provided no curve shall be smaller than that approved by traffic engineers as reason ably safe for traffic at the particular location of the curve.

Subdivisions 22. 04
(f) Street Jogs. Street jogs with centerline offsets of less than 125 feet shall not be permitted if the same can be reasonably avoided.
(g) Street Names. Proposed streets which are obviously in alignment or continuation of existing streets already named, shall bear the name of such existing streets. In no case shall the name for proposed streets duplicate existing street names, irrespective of the use of the suffix street, avenue, road, boulevard, drive, place or court, or an abbreviation thereof.
(h) Blocks. Blocks shall not be less than 400 feet and not more than 800 feet in length, except as the Village Board considers necessary to secure efficient use of land or desired features of the street pattern.
In blocks 600 feet or more in length the Village Board may require a public cross walk for pedestrian travel of not less than 5 feet in width to extend entirely across the block at the location deemed necessary.
Blocks shall be wide enough to allow two tiers of lots, except where fronting on major streets or prevented by topographical conditions or size of the property, in which case the Village Board will approve a single tier of lots.
(i) Lots. Insofar as practical, side lot lines shall be at right angles to straight street lines or radial curved street lines.
Residential lots not served by a public sewerage system and public water supply system, shall not be less than 75 feet wide at the building setback line, not less than one quarter acre in area; provided a greater area may be required for such lots if, in the opinion of the McLean County Health Department there are factors of drainage, soil condition or other conditions which cause potential health problems. The Village Board may require that data from percolation and other tests be submitted as a basis for passing upon proposed subdivisions dependent upon septic tanks as a means of sewerage disposal or private source of water supply.
The size of lots or tracts laid out and intended for business use shall be adequate to provide for off-street service and parking facilities required by the type of use and development contemplated.
(j) Easements. Where no alleys are provided, there shall be dedicated easements of not less than 6 feet in width for poles, wires, condutts, storm and sanitary sewer, gas, water or other utility pipes or lines, along the rear of each lot, and along the side lot lines where necessary. The ease ments shall be so laid out that a proper continuity may be had for such utilities from lot to lot and from block to block. No buildings shall be con structed upon the easements.

(k) Public Lands. Whenever a proposed subdivision has an area of 6 acres or more (exclusive of public streets and thoroughfares), the sub divider may be required to dedicate a reasonable area therein for public use for park, playground, recreational or other similar public purposes, which area so dedicated shall be in addition to all dedications for public streets and thoroughfares. In determining the area to be so dedicated as public grounds the Village Board shall give due consideration to the present and anticipated density of population within such subdivision and to the present and future prospective public requirements for such public grounds; provided, that no subdivider shall be required to dedicate as public grounds for the aforesaid purpose more than 5 percent of the total area of any sub division, exclusive of public streets and ways contained within such sub division.
(1) Natural Features. In all subdivisions due regard shall be given to the preservation of natural features such as large trees, water courses, historical and similar community assets, which, if preserved, will add at tractiveness and value to the property.
22. 05 REQUIRED IMPROVEMENTS. The following improvements are required in any subdivision:
(a) Storm Drains. An adequate system of storm water drainage may be required to be constructed and installed, consisting of pipes, tiles, man holes, inlets and other necessary facilities that will adequately drain the sub division and protect roadway pavements, and will prevent the accumulation of storm water at any place under normal conditions. Open ditches shall be avoided if possible. Such drainage sys tern shall be subject to approval by the Engineer of the village.
(b) Sanitary Sewers. When located within the service area of a public sanitary sewerage system, sanitary sewer mains shailbe constructed throughout the entire subdivision in such manner as to serve adequately all lots and tracts with connection to such public system.
Where lots cannot economically or for other reasons be connected with a public sewerage system, provisions must be made for sanitary sewerage facilities approved by the McLean County Health Department.
(c) Water Supply. When located within the service area of a public water supply system, water mains not less than 4 inches in diameter shall be constructed throughout the entire subdivision in such manner as to serve adequately all lots and tracts with connection to such public system, to gether with shut-off valves and fire hydrants; fire hydrants shall be installed throughout entire water system at intervals of not exceeding 400 feet. All fire hydrants shall have a 7 inch barrel and shall be provided with two 2-1/2 inch hose connections and one steamer connection.
Where lots cannot economically or for other reasons be connected with a public water supply system, provision must be made for a water supply suitable for domestic use approved by the McLean County Health Department.
(d) House Services. House services shall be constructed to connect with the utility service mains constructed within any street or thoroughfare, to serve each adjoining lot, tract or building site; such house services shall extend from the main to a point at least 8 feet beyond the outside curb lines of the proposed roadway pavement in the street, and at least one foot beyond the outside lines of proposed alley pavement.
All such house services connected with utility mains constructed within any street or thoroughfare, shall be located at the approximate center line of each lot, and no deviation shall be made from this requirement except upon prior approval by the Engineer of the village.
Upon completion of the construction in place of all such house service connections with utility mains, an accurate map or maps showing the exact location of all such mains, together with manholes, shut off valvesand bther similar facilities being a part thereof, by distances in feet from street lines, and of all such house service connections in distances in feet from the side lot lines, approved by the Engineer of the village, shall be filed in the office of the Village Clerk.
(e) Street Pavement. All streets within the subdivision shall be improved with a durable hard surface roadway. The pavement shall be equal to or superior to a pavement consisting of a base course of crushed stone or gravel of a total thickness of not less than 7 inches when thoroughly com pacted. The materials used and the method of construction shall be in com pliance with the specifications approved by the Division of Highways of the State of Illinois for the type of pavement designated as Glass A-3 in said specifications, and shall be sufficient, in the opinion of the Engineer of the village, to withstand the traffic that the roadways will presumably be sub jected to.
The minimum width of the paved roadway, back to back of curb, shall be as follows:
1. On residential streets, not less than 25 feet;
2. On major streets, not less than 30 feet;
3. On streets through business areas, not less than 50 feet.

Before any paving work is commenced all street grading shall be properly completed as shown on grading plan submitted with Final Plat of subdivision.
After grading of the streets is completed and approved, and before the base course of the roadway pavement is laid, all of the underground work, such as sewer, water and gas mains, house service connections therewith, and any underground conduits for electric and telephone lines, shall be completely installed in place and approved.
The surface course of the roadway pavement shall not be laid until the backfilling of all trenches dug for the installation of the aforementioned utility services have completely settled, or compacted to the satisfaction of the En gineer of the village.
Before the surface course of the roadway pavement is laid all depres sions in the base course shall be properly filled and brought to the required grade so as to create a level surface.
(1) Alley Pavement. All alleys shall be improved with a roadway con sisting of not less than 5 inches when thoroughly compacted or crushed stone or gravel, of the following widths:
1. Through residence blocks, not less than 12 feet;
2. Through business areas, not less than 16 feet.
(g) Curb and Gutter. The Village Board may require a suitable curb and gutter to be constructed along the outside lines of all street pavements. The type of curb and gutter shall be subject to the approval of the Village Board and Engineer of the village.
(h) Sidewalks. If the property subdivided is located within the corpor ate limits of the village, or immediately adjacent thereto, sidewalks may be required by the Village Board if in their opinion sidewalks are essential or advisable by reason of existing sidewalks on adjoining streets.
Sidewalks, whether required or optional, shall be constructed in ac cordance with the specifications approved and used by the village for side walk construction.
(i) Street Lighting. Street lighting shall be provided throughout the subdivision by the subdivider, and shall be installed subject to the approval of the Village Board.

(j) Street Signs. An appropriate street sign shall be erected at each street intersection within the subdivision. The type of sign and the location thereof shall be subject to the approval and direction of the Village Board.
(k) Trees. If any trees are proposed to be planted on any part of the subdivision devoted to public use, the species of trees and the location there of shall be subject to the approval and direction of the Village Board.
(1) Inspection. All public improvements to be made under the provisions of this chapter shall be inspected during the course of construction by the En gineer of the village or other competent person appointed by the Village Board. The compensation for such inspection and other costs incurred in connection with such inspection shall be paid by the subdivider to the village. The final completion of all such improvements shall be subject to the approval thereof by the Engineer of the village.
22. 06 VARIANCE IN STANDARDS. Where the subdivider can show that a provision of the Standards of Design or Required Improvements as set forth in Section 22. 04 or 22. 05 would cause unnecessary hardship if strictly ad hered to, and where, because of topographical or other conditions peculiar to the site or surrounding condition, and in the opinion of the Village Board a departure may be made without destroying the intent of such provisions, the Village Board may approve a variance. Any variance approved shall be stated in writing in the minutes of the Village Board with the reasoning set forth upon which the variance was considered justified.
22. 07 PROCEDURE FOR APPROVAL OF SUBDIVISION. The steps and proceedings hereinafter set forth are adopted as the procedure to be followed for the approval of a subdivision of lands.
22. 08 TENTATIVE PLAT AND PLAN. (a) Contents When any owner of land lying within the corporate limits of the village desires to subdivide such lands, the owner shall submit to the Village Board a Tentative flat, with two prints or copies thereof drawn to a scale of not less than 100 feet to the inch, with supporting sheets which shall constitute a part thereof, showing the proposed plan of subdivision. Such plat shall show and give the foilowing information insofar as possible:
1. The boundaries of the proposed subdivision and the distances between corners; the total acreage contained therein;
2. The name of the proposed subdivision; the name of the engineer who prepared the Plat;

3. The location of existing corporate boundary lines at or near the proposed subdivision;
4. The character of the lands immediately adjoining the proposed subdivision, showing the subdivision thereof, if subdivided, and the location and dimensions of public streets, alleys, public utility easements, street pavements, sanitary sewer mains, storm water mains, water supply mains, if any, adjoining the proposed subdivision;
5. The then zoning classification under the Village of Colfax or McLean County Zoning Ordinance;
6. The location within the proposed subdivision, of any existing public streets, alleys, public utility easements, street pavement, sanitary sewer mains, storm sewer mains, water supply mains, water courses, bridges, culverts and similar facilities; the location of existing buildings. if any;
7. The names, locations, widths and other dimensions of proposed streets, alleys, easements, parks, playgrounds and other open spaces pro posed to be dedicated for public use;
8. The blocks and lots into which the project is proposed to be sub divided, with the dimensions thereof;
9. Contours at vertical intervals of not more than one foot, except when specifically not required by the Village Board;
10. A general description of the type, kind, character and extent of required improvements proposed to be constructed or installed;
11. Summary of all restrictions intended to be imposed by the Final Flat or by deeds of conveyance as to the use of all property within the subdivision, including area of buildings for residence use, if any;
12. Such other information or data that the Village Board may require for the full and complete consideration of the proposed plan of subdivision.
(b) Village Board Action on Tentative Flat The Village Board shall after receiving the Tentative Flat consider the proposed plan of subdivision as represented by such Plat, and shall thereupon approve or disapprove the same. If the proposed plan of subdivision is not satisfactory as pre sented, the Village Board may permit the subdivider to make the changes and additions required by the Village Board to meet the requirements of this chapter.

(c) Disapproval of Tentative Plat. If the proposed plan of subdivision as shown by the said Tentative Plat is finally disapproved, the Original Flat shall be returned by the Village Board to the subdivider, with a written statement of the reasons for such disapproval.
(d) Approval of Tentative Flat If the proposed plan of subdivision as shown by the Tentative Plat is finally approved, the Original Flat and one print or copy of the Flat shaU be endorsed by the Village Board as follows:
"The proposed plan of subdivision as shown on this Flat and accom panying documents, has received tentative approval by the Village Board of the Village of Colfax, and said Village Board is now ready to receive the Final Flat for consideration.
Dated..............................................
VILLAGE BOARD OF THE VILLAGE OF COLFAX
By..................................................
President"
The original of the Tentative Flat, so endorsed, shall remain on file with the Village Board, and a copy of the Flat so endorsed shall be returned to the subdivider.
22. 09 FINAL PLAT. (a) Submission of Final Flat After approval by the Village Board of the TentativiPlat the subdivider shall, within 4 months thereafter, submit to the Village Board a Final Flat of the subdivision, in final form for recording, which shall be in strict accordance with the tenta tive Plat as approved by the Village Board, together with two prints or copies. Provided, if desired by the subdivider, the Final Flat may consti tute only that portion of the approved Tentative Flat which he proposes to record and develop at the time, and provided further, that such portion con forms in all respects to all matters and things included in the Tentative Flat and plan insofar as they appertain to the portion of the entire subdivi sion which is desired to be developed at that time.
(b) Contents. Final Flat shall be drawn in black ink on tracing cloth
to a scale of not less than 100 feet to one inch. It shall specifically show the following:
1. The name or names of the owners of the property;
2. The name of the registered land surveyor who prepared the Flat and date thereof;

3. The legal description of the property subdivided;
4. Boundary of the Flat, based on accurate traverse, with angular and linear dimensions;
5. Location of all permanent monuments;
6. All other measurements, dimensions, data and certificates required by Section 1, Chapter 109 Plats, of the statutes of the State of Illinois;
7. On any such Plat showing a tract or tracts dedicated for park, playground or similar public use, if such tract or tracts are not located within the corporate limits of the Village of Colfa.x, the certificate of dedica tion shall provide that the future official act of annexation of such tract or tracts to the village shall constitute a transfer of the title to such tract or tracts to the village for such public use.
(c) Supporting Documents with Final Flat The following supporting documents and data, in triplicate, shall be submitted to the Village Board with the Final Flat:
1. Grading plan and profiles showing the existing line elevations of all streets and alleys in the subdivision and the center line elevations of pave ments to be constructed. Elevations shall be referred to some permanent bench mark. Profiles shall be drawn to a horizontal scale of 50 feet to one inch and vertical scale of 5 feet to one inch;
2. A detailed statement by the subdivider setting forth the nature, kind, character and extent of all the improvements that will be constructed in the subdivision, together with complete plans, profiles and specifications clearly describing the same, with agreement to construct the same in ac cordance therewith, at his own expense, within the time limit fixed by the Village Board;
3. A statement by a competent engineer giving an estimate of the total cost of the construction or installation of all such improvements, in cluding the cost of engineering and inspection;
4. A certificate by the Engineer of the village certifying that the improvements described in the subdivider's statement and as shown by the plans, profiles and specifications, meet the minimum requirements of this chapter that the estimate of cost of construction and installation in his opinion is substantially correct;
5. A duly executed completion bond by the subdivider, with corporate surety, to be approved by the Village Board, to be filed with the Village Clerk, in an amount equal to the estimate of the costs of construction of all said improvements, certified by the Village Attorney as good. valid and enforceable by the village, securing the satisfactory completion of all said improvements in accordance with the description, plans, pro files and specifications submitted by the subdivider and approved by the Village Board.
(d) Approval of Final Flat by Village Board. When and if the Village Board is satisfied with the Final Flat so approved, and upon payment by the subdivider to the Clerk of the estimated cost of recording, he shall record the Flat in the office of the Recorder of McLean County, Illinois. The sup porting documents transmitted with the Final Plat to the Village Board shall be filed in the office of the Village Clerk. The print or copy of the Final Flat, with copy of the approval thereof by the Village Board, and one copy of all supporting documents, shall be delivered to the subdivider.
22.10 SUITABILITY OF LAND FOR SUBDIVIDING. Lands subject to flooding, and land deemed to be topographically unsuitable shpuld not be subdivided for residential purposes, nor for such other uses as may increase danger to health, life or property, or aggravate erosion or flood hazard.
The Village Board shall not approve the subdivision of land if upon adequate investigation conducted by the Village Board and the opinion of the En gineer of the village, it has been determined by the Village Board that in the best interest of the public the site is not suitable for subdivision and de velopment of the kind proposed.
22.11 ACCEPTANCE OF STREETS, ETC. BY THE VILLAGE. If any Flat of subdivision contaitts public streets or thoroughfares which are there in dedicated as such, whether located within the corporate limits of the Village of Colfax or outside thereof, or contains existing streets outside of the corporate limits, the approval of the Flat by the Village Board, or the subsequent annexation of the property to the village, shall not constitute an acceptance by the village of such streets or thoroughfares, nor of the improve ments constructed or installed thereon or therein, irrespective of any act or acts by an officer, agent, or employee of the village with respect to such streets or improvements. The acceptance of such streets or thoroughfares shall be made only by the adoption of a resolution by the Village Board after there has been filed with the Village Clerk a certificate by the Engineer of the village certifying that all improvements required to be constructed or in stalled in or upon such streets or thoroughfares in connection with the ap proval of the Flat of subdivision by the Village Board, have been fully completed and the construction or installation thereof has been approved by him.

No permanent connection shall be made or maintained with the sanitary or storm sewer or water supply systems of the village to serve property within the subdivision until the certificate by the Engineer of the village as hereinabove provided has been filed, and not until any money owing to the village for permit fees for the connections with said systems or any Qf them have been paid.
22. 12 DIVISION OF LANDS WITHOUT PLATTING UNLAWFUL. After
the effective date of this code no lot or tract of land located within the vil lage and which contains an area of more than one-half acre, shall be divided or re-divided in any manner into two or more lesser tracts for building site purposes, without subdividing or re-subdividing and platting such tract in the manner provided by the statutes of the State of Illinois.
22. 13 APPROVAL OF SUBDIVISION OF SMALL TRACTS. When there is presented to the Board of Trustees for approval a Plat of subdivision or re-subdivision of a small tract of land, if the Board, after consideration thereof, is of the opinion that the intent and purpose of the provisions of this chapter are not violated by such Plat, and the construction of the improve ments herein required cannot be reasonably enforced, the Board may waive the application or enforcement of the provisions of this chapter and approve such Plat without requiring further procedure.
22. 14 ENFORCEMENT OF REGULATIONS. The zoning enforcing offi cer shall be the enforcing officer of this chapter and it shall be his duty to enforce the provisions hereof. The enforcing officer may call upon any de partment or official of the village to furnish him with such information and assistance as he may deem necessary for the observance or enforcement of this chapter, and it shall be the duty of such department or officer to furnish such information and assistance whenever required.

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