§ 2.13. SUBDIVISION

Latest version.

Intent and Purpose

The intent and purpose of this Subdivision Ordinance is to provide for the health, safety and welfare of the general public, by providing for the harmonious development of Peoria and its environs, for the coordination of streets within subdivisions with other existing or planned streets or with other features, for adequate open spaces for traffic, schools, recreation and air, for adequate storm water drainage and sewage disposal, for the efficient and economical maintenance of streets, and for the development of public grounds.

This ordinance is also intended to further the City of Peoria's objectives of being a sustainable community, as indicated by the Comprehensive Plan, including infrastructure which is connected and accessible for pedestrians and vehicles.

A subdivision review is required for any division of land where one or more lots are created.

Jurisdiction

This ordinance shall apply to all land located within the City of Peoria, and within the area set forth and described as being contiguous or adjacent to said city within one and one-half miles from the city limits, but outside said city.

2.13.1

Applicability

This section shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of this development code.

2.13.2

Exemptions

This section shall not apply in the following instances or transactions. However, a survey plat made by an Illinois Registered Surveyor shall be filed for the plat officer's review and approval for conformance to this development code, other pertinent regulations and adopted plans (see 1.6) for paragraphs A through F and a subdivision plat for G, H, and I.

The division of lots or blocks of less than one acre in any recorded subdivision which does not involve the need for any new streets or easements of access.

The sale or exchange of parcels of land between owners of adjoining and contiguous land which does not create an additional lot.

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 pipe lines which does not involve any new streets or easements of access.

The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access.

The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use.

Conveyances made to correct descriptions in prior conveyances.

The division of land which is zoned for a shopping center for the purpose of transferring ownership and/or creating multiple owners of an original parcel within an approved site plan and where cross access and parking easements are maintained perpetually by recorded documents. A division per this section shall be for the transfer of ownership only and shall not require changes in setbacks, lot size and other requirements, nor shall the lot so created be considered a buildable parcel by itself.

The division of a parcel containing existing buildings on commercial or industrial zoned property into zero lot line parcels containing portions of such buildings for the purpose of transfer of ownership where the property will perpetually share parking and access easements as evidenced by recorded documents. A division per this section shall be for the transfer of ownership only and shall not require changes in setbacks, lot size and other requirements, nor shall the lot so created be considered a buildable parcel by itself.

The division of land which is part of an approved Planned Unit Development. A division per this section must be in conformance with the approved Planned Unit Development.

2.13.3

Sale of Land in a Subdivision

No owner or agent of the owner of any land shall transfer or sell any land by reference to, exhibition of, or by the use of the plan or plat of a subdivision before such plan or plat has been approved and recorded in the manner prescribed in this development code. Any sale or transfer contrary to the provisions of this section is voidable within 90 days at the option of the buyer. The description of such lot or parcel by metes and bounds in the instrument of transfer or other documents used in the process of selling or transferring shall not exempt the transaction from the provisions of this development code.

No interest in any real property in any subdivision or development shall be assigned, transferred or conveyed by the subdivider or developer to any other person until such time as the sanitary sewer, storm sewer or drainage system, water lines, curb and gutter and road base as required by this appendix is installed in accordance with approved construction plans, excepting assignments, transfers or conveyances for the purpose of obtaining a mortgage or loan on the subdivision or development or to another developer who accepts first developer's obligations.

No final plat of any subdivision shall be accepted by the City of Peoria without the following covenant: "No deed will be delivered or title transferred or sale completed on any lot in this subdivision, except to another developer who accepts first developer's obligations, until such time as the sanitary sewer and storm sewer, if any, curb and gutter, and road base is installed, in accordance with construction plans submitted for this subdivision and approved by the City.

2.13.4

Permits

The Director of Community Development shall not issue building or repair permits for any structure on a lot in a subdivision for which a plat has not been approved and recorded in the manner prescribed herein.

2.13.5

Public Improvements

The City hereby defines its policy to be that the City will withhold all public improvements of whatsoever nature, including the maintenance of streets and the furnishing of sewerage facilities and water service from all subdivisions which have not been approved, and from all areas dedicated to the public which have not been accepted by the City Council.

2.13.6

Revision of Plat after Approval

No changes, erasures, modifications or revisions shall be made in any plat of a subdivision after approval has been given by the Planning and Zoning Commission and City Council, and endorsed in writing on the plat, unless the said plat is first resubmitted to the Planning and Zoning Commission.

2.13.7

General Design Standards

In addition to the requirements established here and any other applicable requirements, all subdivision plats shall comply with the following laws, ordinances, and regulations:

The City of Peoria Municipal Code, Building and Housing Codes, Regulating Plans for Form Districts in 6.0, and all other applicable ordinances of the City of Peoria.

The City of Peoria Transportation Plan and the Public Works Master Bicycle Plan.

The requirements of the Peoria Fire department and utilities serving the subject property.

All subdivision plats shall conform to the principles of the City of Peoria Comprehensive Plan.

Land on which the Director, Planning and Zoning Commission, or City Council finds evidence of hazards such as, but not limited to, flooding, improper drainage, steep slopes, (30%+), contamination, or other features which will be harmful to the health, safety and/or welfare of the present or future inhabitants of the subdivision or its environs shall not be approved for subdividing until an engineering design that sufficiently mitigates the potential harm has been submitted by the applicant and approved by the City Engineer.

When land is subdivided into blocks, lots, or tract larger than necessary to accommodate the proposed uses, a provision for potential future resubdivision and development shall be taken into account. Provisions shall be made for future utilities and the subdivision arrangement shall be such that the location and opening of future streets is in conformance with the Street Plan.

2.13.8

Residential Subdivision Standards

In addition to the standards in this Ordinance, which are appropriate to the planning of all subdivision, blocks in residential development shall have sufficient length and width, and appropriate shape to allow the ultimate design of lots suited for the planned land use, the requirements of the Unified Development Code, and traffic and safety controls consistent with the Public Works requirements. The following design standards apply:

Residential local street block lengths shall be a minimum of 250 feet and a maximum of 1,000 feet in length between street center lines except when constrained by exceptional topography or other limiting factors.

Any block over 700 feet must provide for an improved pedestrian through-walkway (five-foot sidewalk) as close to the center of the block as possible. This walkway must be dedicated to the public use.

The size, shape, and orientation of the lots shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

Corner lots shall have extra width to accommodate appropriate building setbacks and driveway spacing to the intersection.

Side lot lines shall be as near as possible at right angles to straight street lines or radial to curved street lines.

Double frontage or through lots shall not be permitted, except in case of primary or secondary arterials.

Streets shall conform to the Thoroughfare Plan and Public Works requirements and shall be fully constructed to the subdivision boundary unless otherwise specified by the City Engineer.

2.13.9

Non-Residential Subdivision Standards

In addition to the standards in this Ordinance, which are appropriate to the planning of all subdivision, the subdivider shall demonstrate to the satisfaction of the Director, or Planning and Zoning Commission, or City Council that the street and block pattern proposed is specifically adapted to the uses anticipated and takes into account other uses in the vicinity. The following design standards apply:

Proposed blocks, lots, and tracts shall be suitable in area and dimension to the type(s) of development anticipated.

Streets shall conform to the Thoroughfare Plan and Public Works requirements and shall be fully constructed to the subdivision boundary unless otherwise specified by the City Engineer.

Where necessary as determined by the City Traffic Engineer and Fire Department, subdivisions shall specifically designate all areas proposed for service and emergency vehicle circulation.

2.13.10

Easements

Utility. Except where dedicated right-of-way or alleys are provided for this purpose, utility easements shall be shown on the final plat. No permanent structure or improvements with exception of those constructed to serve the purpose for which the easement was established shall be erected on said easement unless the holder of said easement agrees in writing to allow a structure or improvement to be placed upon such easement provided, further, that the holder may impose such restrictions or requirements as he, she, or it deems necessary to protect the use for which said easement is granted. Any such written agreement shall be filed with the city engineer and the recorder of deeds with regard to the particular parcel involved.

Drainage. Where subdivisions abut or include a creek or tributaries thereto, an easement shall be dedicated to the City or County of Peoria for drainage and future improvements of such watercourse. The easement shall have sufficient width as determined by the city engineer and county superintendent of highways if appropriate. An easement for access to the creek or tributaries easement shall be provided. No building will be allowed within this easement. The requirements stated in this section or the acceptance of an easement provided for herein shall not make the City or County of Peoria liable for maintenance of the creek or for damage which may occur due to the presence of the creek.

2.13.11

Utilities

All utilities will be placed underground except in a designated flood-prone area. Utilities in designated flood prone areas shall be protected from flood damage.

When located within the service area of a public sanitary sewerage district, sanitary sewers shall be constructed through the entire subdivision in such manner as to adequately serve all lots with connection to such public system in accordance with state law.

Where a lot, platted prior to the date of this ordinance, cannot be connected with a public sewerage system, provisions must be made for sanitary sewerage facilities consisting of a central treatment plant or, in the case of a single-family dwelling only, individual disposal device. Any lot platted within the corporate boundaries or the one and one-half-mile extraterritorial jurisdiction from the date of the adoption of this ordinance must be served with a connection to a public sanitary sewer system.

All proposed sewage disposal systems shall comply with the ordinances of the City of Peoria and the Greater Peoria Sanitary and Sewage District and with the regulations of the State of Illinois and governing bodies of the City of Peoria, and County of Peoria.

Before the final plat is approved there shall be a maintenance contract with either the city or sanitary district for the maintenance of treatment facilities and the distribution system.

2.13.12

Stream Buffer

All subdivisions which contain or are adjacent to wetlands, rivers, streams, lakes and ponds shall be protected from damaging modifications and adverse changes in runoff quality and quantity associated with land developments as set forth in the 8.6.

2.13.13

Streets, Sidewalks, Access & Connectivity Standards

Purpose

This Section is intended to ensure that the local street system is well-designed with regard to safety, efficiency, and convenience for pedestrian, bicycle, automobile, and other transportation modes.

General Standards

The subdivision design shall conform to the pattern of streets designated in the Thoroughfare Plan or any portion thereof and to any future street rights-of-way designated by the City Engineer.

All public rights-of-way and streets, and private street designs and construction standards, shall meet the minimum specification of the Public Works requirements or as determined and approved by the City Engineer.

The circulation pattern for the subdivision shall be designed to take advantage of the topography of the site, should function in a logical manner, and should be designed to accommodate the circulation demands of the proposed development based on the proposed land uses and external demands to be placed on the land. The circulation system should also take into account, when appropriate, various modes of transportation. Access must be adequate for service and emergency vehicles as determined by the City Traffic Engineer and Fire Department.

The street and transportation system of any proposed development shall be designed in conformance with the City's Complete Streets Policy, which is intended to serve all modes of transportation that will use the system (including, but not limited to cars, trucks, buses, bicycles, pedestrians and emergency vehicles). The system shall provide more than one direct connection to and between local destinations such as parks, schools, and shopping. Streets must provide connections within the subdivision and to adjoining subdivisions to blend developments together and to disperse traffic.

All developments shall have sidewalks on both sides of the streets. Alternative sidewalk/walkway systems to the standard system may be considered at the time of development review and approval. In addition, sidewalks shall also be required around the perimeter and interior to commercial developments, where appropriate, to provide pedestrian connectivity.

Every subdivision lot shall have frontage on a publicly dedicated street or on an approved private street. All lots shall be developable and capable of being built upon.

Relation to Adjoining Street System

Subdivision design should promote pedestrian and street connectivity, and consider adjacent land lot patterns and topography to further sustain any future land development including the following provisions:

The arrangement of streets and sidewalks in new subdivisions or development shall make provisions for the continuance of the existing streets and sidewalks in adjoining areas. If the existing streets and sidewalks are dedicated, the streets and sidewalks in new subdivisions or development shall be dedicated if a continuance of development beyond the new subdivision or development is feasible.

Where adjoining areas are not subdivided, the arrangement of streets and sidewalks in new subdivisions or development shall make provision for proper projection of dedicated streets and sidewalks to the boundaries of the tract proposed to be subdivided or developed.

More than one point of access to address emergency vehicles.

Streets

All streets within a subdivision shall be constructed in accordance with the specifications of the City of Peoria.

Local Street Widths and Right-of-Way

The width of a local street shall be 28 feet from back of curb to back of curb. Such street shall be placed within a right-of-way width of 60 feet.

All non-local street widths shall be determined on a case by case basis upon approval by the City of Peoria Public Works Department.

C-2.13.13-01.png

Additional Width on Existing Streets

Subdivisions that adjoin existing streets shall dedicate additional right-of-way, if necessary, to meet the minimum street standard requirements set forth in this section as follows:

The entire additional right-of-way shall be provided, where the subdivision is on both sides of the existing street.

When the subdivision is located on only one side of an existing street one-half of the required additional right-of-way shall be provided.

Cul-de-Sacs

Within the Heart of Peoria area, no cul-de-sacs shall be platted after the effective date of this development code.

Local residential streets and private streets on which lots or development front that are also dead-end streets shall be no more than four hundred (400) feet long off secondary thoroughfares and no more than four hundred (400) feet long off collector streets and local residential streets unless necessitated greater by topography. They shall be provided at the closed end with a turn-around having an outside roadway diameter of at least eighty (80) feet (paving width) and a street right-of-way diameter of one hundred (100) feet.

Minor residential streets on which lots front that are temporarily to be dead-end streets and are of a length greater than one hundred fifty (150) feet shall be provided with a temporary turn-around meeting one of the following requirements:

If adjacent land is owned by the developer and said developer will place a restriction on the land that will reserve said land for the purpose of providing a temporary turn-around, the developer can meet this requirement by reserving a turn-around area of one hundred (100) feet in diameter immediately adjacent to the end of platted street and will install thereon a roadway with a diameter of eighty (80) feet constructed with a base course of thoroughly compacted gravel or crushed stone of a thickness of not less than six (6) inches.

The developer may, at his option, provide on one of the last lots fronting on the temporarily dead-ended street a restriction providing that a parcel of land with a minimum width of twenty (20) feet and a minimum depth of twenty-five (25) feet abutting the temporarily dead-ended street, shall be used as a temporary turn-around and on said land so restricted, the developer shall install over its entire area a four (4) inch concrete driveway accessible from a driveway approach installed to city standard specifications. When the temporarily dead-ended street shall be extended, any restrictions placed on the land for the purpose of meeting this requirement shall be automatically released by notation on the final plat and the removal of the temporary turn-around installation, if necessitated, shall be the responsibility of the land owner at the time the temporarily dead-ended street is extended.

Reserve Strips

There shall be no reserve strips controlling access to streets within any subdivision.

Private Streets

Private streets may be permitted in subdivisions in isolated cases in which there would be no interference with adjoining circulation patterns and would not harm adjacent property owners. All private streets in subdivisions shall meet City standards and will be subject to the City Engineer's approval and on-site inspection. A maintenance agreement must be submitted and approved by the City Council before final approval may be given. Private streets are allowed within an apartment development. The method for maintaining such private streets shall be approved by the City Council before final approval will be given.

Street Jogs

Street jogs with centerline offsets of less than 150 feet shall not be allowed.

Intersections

Street intersections shall be as nearly at right angles as possible, and no intersection shall be at an angle of less than 80 degrees.

Restriction of Access

When a subdivision or portion of a subdivision adjoins a primary or secondary arterial, no lot shall have direct access to the primary or secondary arterial. Such lots shall be provided with frontage on a marginal direct access thereto. Said lots shall be provided with frontage on a marginal access street or street other than primary or secondary arterials.

10.

Street Names

General

A proposed street which is in alignment with or joins an existing and named street shall bear the name of the existing street. In no case shall the proposed name of the street duplicate the name of an existing street within the area covered by this development code, subdivision code, zoning code. The use of the suffix "street," "avenue," "boulevard," "drive," "way," "place," or "court" or similar description shall not be distinction sufficient to constitute compliance with this section. The proper name or names of a street shall not be more than ten letter characters and/or letter spaces combined in length.

Honorary Street Name Signs

Whenever the City Council decides to honor a person, group or to designate by naming a street or other public way, the street or public way shall retain its official name and its legal status, and a suitable sign or signs may be installed at the location designated by proper ordinance indicating the name in conformity with the provisions of this development code.

Any request for a temporary honorary street name sign shall be approved by the district councilperson of the district in which the name or such other public way is located and shall be submitted to the Director of Public Works for necessary action and standardization.

The cost of placement and maintenance or replacement of such signs, if approved by the district councilperson shall be entirely the responsibility of the requesting individual, who shall be charged for such costs by the Department of Finance. Such charges shall not be subject to waiver.

11.

Street Lights

Street lighting is not required for residential subdivisions however, the developer may elect to install street lighting. Such lighting must meet the City of Peoria installation standards.

12.

Street Trees

Street trees are required in all subdivisions placed within a 10-foot wide parkway at a 60-foot maximum spacing and with at least one tree per lot and two trees per corner lot. The building permit shall include a $150 fee per tree on the property frontage. The City of Peoria will plant the trees as blocks are developed.

2.13.14

Drainage Plan

Prior to approval by the City of construction plans for public improvements, the applicant shall prepare a drainage plan of the area covered by the subdivision plat. The drainage plan shall indicate the proposed method of disposing of storm water from said area. This drainage plan may be submitted in conjunction with or as a part of the plat and topographical study required by state statute. A copy of the plan shall be submitted to the City Engineer. The plan shall indicate the manner in which stormwater runoff is to flow from back lot line locations to the proposed pavement or storm sewer system or existing approved watercourse. No structures or hard surface areas in a subdivision shall be built in a manner to interfere with the proper performance of the approved drainage system.

2.13.15

Perpetual Maintenance of Common Property

The perpetual maintenance of any common areas shall be provided for by a legal entity. Prior to the final approval of the development, the Planning and Zoning Commission must approve the method of perpetual maintenance selected by the developer. No change shall be made in the approved method by the developer until approved by the Planning and Zoning Commission.

Homeowners' Association

If a homeowners' association is formed, the articles must minimally contain the following provisions:

Legal description which geographically defines the area controlled by the homeowners' association and the property which is to be owned by the homeowners' association.

That all owners of property located within the development shall automatically become members of the homeowners' association. Provision shall be made for the timing of the transfer of control from the developer to the homeowners' association.

That no open space within the development shall be converted to other uses.

Single Ownership

In the event that the entire development is to remain under a single ownership, the applicant shall then file a deed restriction between the owner and the City of Peoria with the County Recorder of Deeds providing for a legal entity to be responsible for the maintenance of all common property.

Trust or Other

In the event a trust or other legal entity is used for the maintenance of the common property, said trust shall be legally bound to maintain common property for the benefit of the residents.

2.13.16

Installation of Required Improvements

Required Improvements

The subdivider of a proposed subdivision shall install, or provide for the installation of, the following improvements and facilities (City standards and material specifications for required improvements may be found in the City standard specifications manual for the City of Peoria on file in the City Clerk's office. Additional information may be acquired from the Engineering Department):

Streets

Grading

All grading within the right-of-way shall be completed to the lines and grades as shown on the grading plan and as approved by the City Engineer.

Backfill

All trenches within two feet of the construction area shall be backfilled in accordance with City specifications.

Street Surfacing

All street pavements shall be surfaced and have a base provided in accordance with pavement design selections as provided in the standard specifications manual.

Before any pavement is laid on any streets in the subdivision, all sanitary sewer services and other utilities shall be stubbed in to the property line on all lots having frontage on said streets.

Curb and Gutters

Curb and gutters are to be constructed in accordance with the standard specifications of the City of Peoria.

Sidewalks

Concrete sidewalks of at least five feet in width, four inches thick and six inches thick at driveways shall be constructed on both sides of each street 12 inches from the right-of-way.

Sidewalks shall be installed in accordance with the "Standard Specifications" of the City and shall be installed after a permit has been procured from the City and shall be inspected by the city when installed. Within one year after construction is completed on 70% of a block in the subdivision, the applicant shall install all required sidewalks on the block.

Alternative sidewalk/walkway systems shall be constructed in accordance with the standards specified and accepted by the City at the time of plat or development approval.

Driveways

Driveway approaches shall be constructed according to the driveway standards of the City of Peoria.

Surface Water Drainage

Surface water drainage shall be provided by storm sewers or drainage courses adequate to drain surface water from the development and protect roadway pavements. Existing water courses shall be maintained and no development is permitted which would restrict the flow in such a watercourse. All stormwater systems should be designed in accordance with criteria contained in the surface and storm drainage design standards of the City of Peoria.

Water Supply

If the subdivision is to be developed with a public or community water system, water mains shall be installed in a manner that meets the requirements of the Fire Department and has been approved by said Fire Department and City Council.

Street Name Signs

All street name signs shall be installed by the City of Peoria Public Works Department per the City street sign standard or as approved by the Director of Public Works. The applicant shall pay a fee to the City for furnishing and installing the street name signs.

The total costs for the installation shall be $200.00 per intersection, which includes the current rates in effect for all labor, equipment and material for the sign installation. These costs will be adjusted three percent each year and rounded to the nearest dollar commencing January 1, 1999. The fee shall be paid in full prior to release of the final plat for recording. All street name signs shall be installed within 30 days of the issuance of the first building permit within a subdivision.

Survey Monuments

All subdivision boundary corners, street intersection corners, points of tangency and points of curvature of all curved lines, points at which street lines intersect the boundary lines of the subdivision, all lot corners and any intermediate points including brow markers as required by the City Engineer shall be marked with a permanent survey monument which shall consist of a steel or iron rod or pipe at least one-half inch in diameter and at least two feet in length. Such monuments, as near as possible, shall be placed so as to be below or flush with the established finished grade. All section and quarter-section corners shall be marked with a concrete monument, and a brass plaque following the specifications of the Illinois Department of Transportation Highway Standard Type Two.

It shall be the responsibility of the applicant to provide to the initial purchaser of each and every lot in the subdivision a recorded copy of the final plat of said subdivision (by a registered land surveyor) showing the location of all survey monuments on all lot corners and intermediate points pertaining to the individual lot and indicating that they are in place.

2.13.17

Types of Subdivisions

Major Subdivision

The purpose of a major subdivision is to provide a process for administrative approval of division of land which is:

In conformity with the Comprehensive Plan and Unified Development Code of the City or County of Peoria, whichever is applicable.

The subdivision otherwise conforms to all other applicable regulations.

There are no waivers of subdivision ordinance regulations.

The character of design is compatible with adjacent development and community policies.

The plat is in conformance with the criteria of 2.13.7.

Minor Subdivision

The purpose of a minor subdivision is to provide a process for administrative approval of a division of land into five (5) or fewer lots:

Which does not require, under these regulations, the design or construction of any public improvements, provided that if all required public improvements are in existence but do not meet current design standards, the city engineer may approve a waiver of the design standards;

Which is in conformity with the comprehensive plan, subdivision ordinance and zoning ordinance of the city;

Which is otherwise in conformity with all applicable laws and regulations unless previously waived by the entity with jurisdiction; and

Which is located within the city or is otherwise under an annexation agreement which requires future annexation to the City of Peoria.

Standard Subdivision

The purpose of a standard subdivision is to provide a process for divisions of land which are not minor or major subdivisions.

Survey plats for less than one acre

The following survey plat made by an Illinois Registered Surveyor shall be filed for the plat officer's review and is subject to 2.13.4 and 2.13.7.A:

The division of lots or blocks of less than one (1) acre in any recorded subdivision which does not involve the need for any new streets or easements of access.

Subdivision of land within one and one half mile extra-territorial jurisdiction

Subdivision plats for land within the one and one-half mile extraterritorial jurisdiction may be reviewed through the administrative subdivision approval process, provided the following:

All subdivisions of land within the one and one-half mile extraterritorial jurisdiction must be served with a connection to a public sanitary sewer system unless:

The resulting division creates lots 40 acres in size or larger; or

If the resulting division creates a lot less than 40 acres in size and the property cannot connect to a public sanitary sewer system, an Annexation Agreement must be approved by the City. An Annexation Agreement is subject to review by the City Planning and Zoning Commission and approval of the City Council.

Such subdivision of land under paragraph 2.13.17.E.1.b above, which creates lots less than 40 acres in size and cannot connect to a public sanitary sewer system, shall be limited to:

One division of land into no more than two lots; and

No further division of either of the newly created lots or development of any new dwelling units on either of the newly created lots; and

Any further division or development of either lot shall be prohibited without adherence to the requirements of the City of Peoria Subdivision Ordinance and other applicable City Codes.

2.13.18

Preliminary Plat

The purpose of the Preliminary plat is to allow for Staff review of the proposed subdivision to determine whether it will meet the design standards contained within this Subdivision Ordinance, to determine the issues to be addressed, and to give interested parties an opportunity to examine and comment on the proposed subdivision.

2.13.19

Final Plat

The purpose of the final plat is to review the proposed subdivision for proper final engineering and subdivision design, to provide for dedication of lands required for public use and for the construction of public improvements, and for conformance with the approved preliminary plat.

2.13.20

Survey Plat

The purpose of the survey plat is to review conveyances between adjacent properties, to review subdivisions of less than 1 acre in size.

2.13.21

Review Procedures

Case Type	Description	Notification Requirements	Approval Authority	Appeal Authority
Preliminary Plat, Minor Subdivision	• Less than 5 lots • No new streets • Conforms to all regulations • No waivers	No notification required	Director	Zoning Board of Appeals
Final Plat, Minor Subdivision		No notification required	Director	Zoning Board of Appeals
Preliminary Plat, Major Subdivision	• Conforms to all regulations • No waivers • May include new streets	Neighbors within 250 feet of the property	Director	Zoning Board of Appeals
Final Plat, Major Subdivision		Neighbors within 250 feet of the property	Director	Zoning Board of Appeals
Preliminary Plat, Standard Subdivision	• Plats which do not meet the definition of major or minor subdivisions.	Neighbors within 250 feet of the property	Planning & Zoning Commission and City Council	City Council
Final Plat, Standard Subdivision		Neighbors within 250 feet of the property	Director	Zoning Board of Appeals
Survey Plat	• A plat to divide land of less than one acre in size • No new streets or easements of access • A plat for sale of land to adjoining land	No notification required	Director	Zoning Board of Appeals
Plat within one and one-half mile extra-territorial jurisdiction	• A plat to divide land located outside of City limits and within 1.5 miles.	No notification required	Director	Zoning Board of Appeals

2.13.22

Pre-application Conference

Pre-application conference between the developer and the Director of Community Development shall be scheduled upon submittal of an application form to the Director of Community Development. No plans are needed, but the developer shall present the general concept to be pursued, the size of the project, and its location. The Director of Community Development shall inform the developer of the entire review process required by this development code and the type of information required to complete each step of review. The pre-application conference may be extended as necessary.

2.13.23

Certificates

The City shall maintain forms for any required certificates and acknowledgements to appear on preliminary plans and final plans and plats.

2.13.24

Subdivision Within a Form District

The subdivision of land within a Form District shall follow the proposed street and block layout illustrated in the adopted regulating plan.

2.13.25

Sketch Plan

Application

Prior to the filing of a preliminary plat, the subdivider shall submit to the Director of Community Development material relating to the proposed subdivision in order to avail themselves of the advice and assistance of materials that shall be submitted and the process of review that will be utilized for the particular project that is proposed. The process and materials required for submittal for a development type not specifically listed in this development code will be identified at this stage. The Director of Community Development will make known its comments within one week to the subdivider. This may include information relative to the site and conditions of the site, number and size of lots proposed, etc. Submitted material should include:

Sketch Plan

The sketch plan shall show in simple form: proposed layout of streets, lots, and other features in relation to existing conditions. The sketch plan discussion does not require formal application, fee or filing of the plat.

General Subdivision Information

General subdivision information should describe or outline the existing condition of the site and the proposed development as necessary to supplement the drawing listed above. This information may include data on existing covenants, land characteristics, and available community facilities; and information describing the subdivision proposal, such as number of residential lots, typical lot width and depth, proposed covenants (if any), street layout, existing zoning, and surrounding land use.

Lots to be Used for Duplex Development

The developer of a proposed subdivision will work with the Director of Community Development in locating lots that are to be used for duplexes (two-family dwellings). These lots will be stated as such on both the preliminary and final plats.

2.13.26

Preliminary Plat for Major, Minor, and Standard Subdivisions

Filing of Preliminary Plat

The subdivider shall file with the Community Development Director two copies of a preliminary plat for reference to the Planning and Zoning Commission, and other officials as provided in this section. A letter shall be filed with the preliminary plat that states the ownership, the engineer, availability of water and sanitary sewer, requested variances, and other information pertaining to the commission's consideration.

Contents of Preliminary Plat

The preliminary plat shall contain the following information:

Description

Name of proposed subdivision.

Name and address of subdivider and owner.

Name of engineer and registered land surveyor.

Scale (1" = 100'), north point and date of preparation.

Location sketch map showing relationship of the subdivision site to the surrounding area.

Existing Conditions

Topography by contours at vertical intervals of two feet or less except when a greater interval is required because of terrain.

Acreage to be subdivided.

The location of all present property lines, section lines, streets, buildings, water courses, and other existing features within the area being subdivided.

Existing outlets, drainage courses, one-hundred year floodplain boundary, and culverts within the tract or on streets immediately abutting.

Proposed Conditions

Location, width and names of all proposed streets, sidewalks, and walkways.

Layout and scale dimensions of all lots, including minimum front and rear yard setback lines, and lot numbering.

Draft of proposed protective covenants (if any) to be imposed.

Areas proposed to be conveyed, dedicated, reserved or used for parks, scenic ways, walkways, playgrounds, schools, public buildings and similar semi-public uses, and whether such areas are to be public or private.

Designation of any lots to be used for duplex development.

Certificates

Required certificates and acknowledgements shall be provided in a form acceptable to the City.

2.13.27

Final Plat for Major, Minor, and Standard Subdivision

Filing of Final Plat

The subdivider shall file with the Community Development Director the original and 3 copies of the final plat and one copy of area calculations, boundary closures, required easement and any other pertinent information within 12 months after the date the preliminary plat was approved. The Community Development Director shall transmit the final plat if it is substantially in conformance with the preliminary plat as determined by the Community Development Director and Planning and Zoning Commission chairman to the City Council, together with its report and recommendations thereon within 30 days after receipt of such plat. If such final plat is determined not to be in conformance with said preliminary plat, the final plat will be sent to the Planning and Zoning Commission for review.

Contents of Final Plat

The final plat shall contain the following information:

Description

Name of proposed subdivision.

Scale (1" = 100'), north point and date of preparation.

Correct legal description of property involved.

Existing Conditions

Acreage to be subdivided.

The location of all present property lines, section lines, and streets that are to remain the same within the area being subdivided.

Proposed Conditions

Location, width and names of all proposed streets, sidewalks, and walkways.

All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision, lots, streets, easements and other areas for public or private use. (Linear dimensions are to be given to the nearest 1/100th of a foot.)

Location of all survey monuments and their descriptions. Location by three witnesses of any city or Greater Peoria Sanitary District benchmarks of horizontal or vertical control monuments. Location and ties with bearing distances to the nearest plat corners from any existing quarter or section corner.

Layout and scale dimensions of all lots, including minimum front and rear yard setback lines and lot numbering.

Designation of any lots to be used for duplex development.

Additional Information

Line of departure of one street from another.

Names and widths of adjoining streets.

Radii, arcs or chord, points of tangency and central angles for all curvilinear streets and radii for rounded corners. Also, the location of PT and PC from the nearest lot line.

Evidence of closure (one to 5,000 feet), together with the method of computing the area contained within the subdivision boundaries and the error factor.

One-hundred year floodplain boundary and base flood elevations (BFE) as determined by the Zoning Administrator or City Engineer. When requested, BFE must be provided at every other lot line or every 150 lineal feet, whichever is closer.

One reproducibile (mylar) copy of the final plat.

Certificates

Required certificates and acknowledgements shall be provided in a form acceptable to the City.

2.13.28

Construction Plans

Submittal of Construction Plans

Upon approval of the preliminary plat, the applicant shall have prepared by or under the supervision of an engineer, engineering drawings for the proposed required improvements containing the data and information specified in 2.13. Such drawings shall be certified by an engineer, and shall be submitted in triplicate to the City Engineer.

Content of Construction Plans

Engineering drawings for required improvements shall contain the following minimum information (additional information may be requested by the Director of Public Works):

Plans, details, specifications and cost estimates for roadway and sidewalk construction, including plans, profile indicating existing topography and elevation (using city USGS datum) including curb and sidewalk elevation, intersection control elevation and paving geometrics for each street with a typical cross section of the roadway. The profiles of grade lines (both property and centerlines) shall be shown to a scale of one inch equals 50 feet horizontal, and one inch equals five feet vertical; or to a scale approved by the City Engineer. This information shall be shown on standard plan and profile sheets unless otherwise requested by the City Engineer.

Plans shall include right-of-way line, property lines, centerline of both proposed and existing streets, and survey plat lines.

Details, profiles, specifications and cost estimates of proposed storm drainage improvements with calculations.

Plans, profiles, details, specifications and cost estimates of proposed water supply facilities.

Plans and specifications of proposed subsurface facilities for the sanitary sewage facilities.

When unusual site or construction conditions exist, the City Engineer may request such additional plans, specifications, and drawings as may be necessary for an adequate review of the improvements to be installed.

Topography shall be shown by two foot contour increments.

One set reproducible (Mylar or linen) copy of approved construction plans.

Review of Construction Plans

The City Engineer shall review the plans to determine whether the proposed construction plans comply with 2.13. Where such drawings are consistent and so comply, the developer will submit to the City Engineer the original drawings and one set of reproducible mylar for signature and the developer shall return the original set of approved plans. In the event that the drawings do not conform or comply, the developer shall have the drawings corrected.

Construction of Improvements

No improvements shall be constructed nor shall any preliminary work be done on publicly dedicated streets until such time as a preliminary plat and the construction plans have been approved and there shall have been compliance with all of the requirements relating to the appropriate surety requirements.

All construction shall be in accordance with the general laws and construction procedures of the City. All contracts for construction of proposed public improvements and of private streets will be prepared or approved by the applicant's engineer. The applicant shall provide an engineer who shall be responsible for inspecting all phases of the construction to insure compliance with the general laws and construction procedures of the City. Barricades, signs, lights, and maintenance will be required of the contractor at the construction site. The applicant's engineer shall provide an acceptable certificate stating that the private streets are built to City standards before the City Engineer approves them.

Inspection and Security Requirements

Surety Requirements

The applicant shall furnish surety to the City when he develops within the boundaries of the City. The surety shall take any of three separate forms:

The applicant may elect to complete all public improvements before the City records the plat and before the sale of any lot.

The applicant may elect to provide an acceptable insurance or bonding company performance bond equivalent to 100% of the total estimated costs of all improvements required by this development code. At the option of the applicant, separate bonds may be furnished for sidewalk construction and other public improvements.

The applicant may elect to provide an escrow agreement established in favor of the City within the City limits with an acceptable bank or trust institution pursuant to an acceptable trust agreement in an amount equivalent to 100% of the estimated cost of construction of all improvements. The applicant shall have the option of having a proportionate amount of the account released upon acceptance of each stage of construction of the improvements. Acceptance and release of funds as herein provided shall in no way affect the contractual obligations between the applicant, contractor, subcontractor, or any other party regarding any responsibility for the quality of work performed.

The surety shall serve to assure the warranties of the applicant that the improvements will be constructed pursuant to the following:

The final plat approved by the City Council,

The construction plans approved by the City Engineer,

The standards set forth in 2.13 Subdivisions, and

The design standards promulgated by the City Engineer and such exceptions from the standards as may be approved by the City Manager.

The surety shall remain in full force and effect until written acceptance of the improvements by the City Manager. Such acceptance will not be given until receipt of an acceptable certificate by the applicant's engineer and final inspection by the City. The final inspection shall be conducted after receipt of the certificate of the applicant's engineer. A guarantee bond may be required at the City Engineer's option.

On-Site Inspection and Fee

Required on-site inspection will be provided by the City at various critical points of construction. An inspection fee of $15.00 per lineal foot shall be charged to the developer.

2.13.29

Major and Minor Subdivision Approval Process

Intent

The intent of the administrative approved subdivision is to provide an alternative process to review and approve certain subdivision plats and eliminate the requirement that all subdivision plats be reviewed by the Planning and Zoning Commission and approved by the City Council under the following circumstances:

The subdivision is in conformity with the adopted plans (see 1.6) and this development code.

The subdivision otherwise conforms to all other applicable regulations.

There are no waivers of 2.13.

The character of design is compatible with adjacent development and community policies.

Administrative Subdivision Application

Application, documents and fees for administrative subdivision approval shall conform to requirements for subdivision plat review and approval. Additional submittals as required by the administrative subdivision review process shall also be submitted.

Administrative Rules

The Director of Community Development is authorized to issue, amend, and withdraw administrative rules that implement, interpret and clarify the requirements of this development code. Persons shall comply with these administrative rules to the same extent that they are required to comply with the sections of this development code that the administrative rules implement, interpret and clarify.

Subsidiary Drainage Plat

The owner shall submit with the preliminary subdivision plat a "subsidiary drainage plat" in accordance with the Plat Act, 765 ILCS 205/0.01 et seq., as amended from time to time, unless the City certifies that a subsidiary drainage plat is not required.

Distribution and Review

The Director of Community Development shall distribute copies of the preliminary plat to the appropriate City governmental agencies, District Council member of the district in which the plat falls and others as per departmental procedures for administrative approval of plats.

Final plats shall be reviewed and approved by the Director of Community Development for conformance with an approved preliminary plat and construction plans approved by the City Engineer.

Approval

Time

The Director of Community Development shall approve or disapprove the preliminary subdivision plat within 30 working days, or such extended period as may be required for approval by other entities, of the receipt of a complete application for subdivision approval and all required fees. If it is not approved within this time period, unless the applicant requests that action be delayed, the subdivision shall be deemed to have been disapproved. If a subdivision is not approved, the Director of Community Development shall notify the owner in writing within seven days of denial.

Approval

When the Director of Community Development finds that the preliminary and/or final subdivision plat meets the criteria for approval and the fees have been paid, then the Director of Community Development shall approve the preliminary and/or final subdivision plat. The signature of the Director of Community Development on such plats shall be evidence of these approvals.

Certificates

Required certificates and acknowledgements shall be provided in a form acceptable to the City.

Length of Time Approval Valid

Administratively approved preliminary plats shall be in effect for one year from the date of such approval. Unless the subdivision final plat has been recorded within 90 days of final written approval of such final plat with the Peoria County Recorder of Deeds, the approval shall be null and void.

2.13.30

Standard Subdivision Approval Process

Distribution and Review

The Community Development Director shall distribute copies of the preliminary plat to the appropriate City governmental agencies and districts. All adjoining property owners will be notified of preliminary plat hearing ten days in advance. The Community Development Director shall review the preliminary plat and make recommendations thereon to the Planning and Zoning Commission.

Failure of Planning and Zoning Commission to Act

If the Planning and Zoning Commission fails to approve or disapprove a preliminary plat within 30 days after the date such plat is submitted to it or from the date the subdivider has submitted the last item of required data, whichever date is later, then such preliminary plat shall be deemed to have been approved.

Effect of Approval

Approval of the preliminary plat, including required modifications, indicates that if the final plat is substantially in conformance with the preliminary plat, the final plat will be approved.

Such approval shall be effective for no more than 12 months from the date preliminary approval was granted, unless, upon application from the subdivider, the Community Development director grants an extension of time beyond this period. If a final plat has not been submitted within this allotted time period, the preliminary plat must be resubmitted to the Planning and Zoning Commission as if such plat had never been approved.

Notification of Action

The Planning and Zoning Commission shall give notice to the subdivider of its actions in the following manner:

If approved with modifications or disapproved, the Community Development Director shall attach to the plat a statement of the reasons for such action and shall mark a copy of the plat in red accordingly and return it to the subdivider.

If approved, the Community Development Director and the Planning and Zoning Commission chairman shall affix their signatures to the plat on the proper certificate, and the Planning and Zoning Commission shall submit said plat to the City Council and the City Council shall accept or reject said plat within 30 days after its next regular meeting following the action of the Planning and Zoning Commission. Preliminary approval shall not qualify a plat for recording.

If the preliminary plat is approved by the City Council, the City Clerk shall attach a certified copy of the resolution of approval to a copy of the plat. If the proposed plat is not approved, the resolution shall state the reasons for disapproval, specifying with particularity the aspects in which the proposed plat fails to conform to the requirements of development code.

2.13.31

Disapproval of Major, Minor and Standard Subdivision Preliminary Plat

The preliminary plat may be disapproved by the City Staff, Planning and Zoning Commission and/or City Council because the plat:

Fosters excessive population density; or

Fosters inefficient use of land area; or

The character of design in not compatible with adjacent development; or

The design is a substantial departure from the aesthetic standards of the community; or

Adequate infrastructure both within and supportive to the subject property is not in place or has not been provided for; or

The plat does not conform with the requirements of 2.13 Subdivisions

No application for a preliminary plat which had been denied wholly by the city council or through the administrative subdivision approval process, shall be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds of new evidence or if proof of significant change of conditions are found to be valid by the community development administrator.

Unless the subdivision final plat has been recorded within ninety (90) days of final written approval of such final plat with the Peoria County Recorder of Deeds, the approval shall be null and void.

2.13.32

Appeals

Any appeal of the administrator's decision may be forwarded to the City of Peoria Zoning Board of Appeals to confirm or reverse that decision as outlined in 2.7.

2.13.33

Recording of Plat

No plat of any subdivision confirmed by this development code shall be entitled to record in the County Clerk's offices, or for any validity until it shall have been approved in the manner prescribed in this development code.

It is the responsibility of the applicant to record the final plat and provide to the Department a copy of the fully executed final plat.

2.13.34

Significant Changes

If there are significant changes on the proposed final plat from the previously approved preliminary plat, a new preliminary plat shall be submitted in accordance with the provisions of the Subdivision Ordinance. Significant changes include, but are not limited to, modifications of street patterns, drainage ways, design elements, lot layout or an increase in the number of lots proposed.

The Director shall have discretion in accordance with the criteria and standards in the Subdivision Ordinance to decide whether changes on the proposed final plat from either the preliminary plat are significant enough to require the submittal of a new preliminary plat. Any appeal of the Director's decision regarding the significance of the changes will be to the Zoning Board of Appeals.

2.13.35

Development Fees

Purpose

For the purpose of providing recreational and elementary educational facilities to serve future residential areas, a fee per dwelling unit will be levied or a donation of land of a comparable value will be required if same is indicated on an applicable adopted plan (see 1.6) or any eligible agency involved.

Applicability and Jurisdiction

This section and all its requirements and provisions shall apply to all developments if residential in nature.

Land Donation

If a site for recreational and/or educational facility is indicated on an applicable adopted plan (see 1.6) or any eligible agency involved on any land included within the proposed development, then the applicant shall donate the land required in an amount equal to the monetary value of the fees that would be collected if no site were shown on any applicable adopted plan.

If there is any question as to the location and/or configuration of the site, the agency involved shall make the determination.

If there is a dispute as to the value of the land to be donated then the applicant and the City of Peoria shall each select a qualified land appraiser and they shall determine the value. If they cannot compromise the issue then they shall select a third appraiser who shall determine the value.

Required Fees

If no recreational or educational site is shown on any agency's official plan nor that of a City of Peoria adopted plan (see 1.6) then a fee shall be levied according to the following chart:

Type of Unit	Recreation Fee	Education Fee	Total
Single-family detached	$50.00	$500.00	$550.00
Single-family attached	$40.00	$250.00	$290.00
Apartment	$30.00	$100.00	$130.00

Records

Records shall be maintained so as to record land donations versus fees due. If land donations are made then the amount of fees due shall be reduced by an amount equal to the monetary value of the land donated. Said value shall be determined above.

Collection of Fee

The required fee shall be due and collectible at the time when application is made for building permits.

Establishment of Acquisition/Development Fund

All such fees collected shall be deposited in a separate account not to be commingled with any other monies. That account shall be used solely for the purpose of defraying the cost of acquisition land and/or site development for recreational and educational purposes which may be reasonably required by the development and which is designated for such purpose on an applicable adopted plan (see1.6) or official plan for any eligible agency.

Administration of Fund

All monies received shall be deposited in a separate fund to be administered by the City treasurer. Investments may be made in the manner of and subject to the limitations of other City funds.

An accurate accounting as to the source of all monies collected shall be maintained so a determination can be made as to the jurisdiction in which the money was collected in order to determine the eligible agency at the time of the requested withdrawal.

Limitations and Exceptions

All monies in the fund shall be used for recreational and educational site acquisition and/or development and, as near as possible, acquisitions and/or development shall reflect site needs in the general area in which the fees were collected.

Withdrawals from Fund

Eligible agencies shall be entitled to request a withdrawal of the fees collected within their respective jurisdictions when they have submitted evidence that they have acquired a site. The withdrawal shall not be greater than an amount equal to the acquisition and/or development cost. The funds applied for shall be used only for acquisition and/or development of sites designated on a plan officially approved and adopted by the City Council and recorded in the office of the Recorder of Deeds of Peoria County. The City Council shall determine whether the conditions of this development code have been complied with and what monies shall be withdrawn.

Monies not withdrawn shall remain in the fund and shall remain accounted to the jurisdiction from which they were collected.

If for any reason an agency becomes ineligible for a period of two years any fees collected within its jurisdiction shall be distributed equally and credited to the accounts of those agencies eligible at that time.

2.13.36

Modifications (Waivers)

Applications Required

Application for any modification shall be submitted in writing by the applicant at the time when the preliminary plat is filed for the consideration of the Planning and Zoning Commission. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner.

Modifications

The Planning and Zoning Commission and City Council may authorize a modification from these regulations when, in their opinions, undue hardship may result from strict compliance. In granting any modification the commission shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, the Commission shall take into account the nature of the proposed subdivision and the existing use of land in the vicinity, the number of persons to reside, or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No modifications shall be granted unless the Commission finds:

That there are special circumstances or conditions affecting said property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his land.

That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

That the granting of the modification will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.

( Ord. No. 17505 , § 1(Exh. A), 9-26-17; Ord. No. 17575 , § 1(Exh. A), 5-8-18)

                    
                        var val = document.getElementById('citecontent').innerHTML;
                        art.dialog.defaults.title = window.location.href;
                        art.dialog.data('cite', val);
                        art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
                        art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');