Title XV
LAND USAGE
Chapters:
150 Subdivision and Platting
151 Zoning Code
152 Development in Floodplain Areas
153 Adult Uses
154 Wireless Communications Towers
155 Fences
156 Building Code
Chapter 150
SUBDIVISION AND PLATTING*
------------
Prior ordinance history: Ords. 76-001, 79-002, 81-009 and 89-007. The table entitled "Subdivision Review Procedure" contained in Ord. 96-006 is set out at the end of this chapter as Appendix A-4.
------------
Sections:
ARTICLE I. GENERAL PROVISIONS
150.001 Title.
150.002 Jurisdiction.
150.003 Purpose.
150.004 Severability.
150.005 Plat; when required.
150.006 Definitions.
150.007 Duties of zoning administrator.
ARTICLE II. LOCATION AND SKETCH MAPS
150.008 Purpose.
150.009 Submission requirements.
150.010 Subdivision site suitability.
150.011 Location and sketch maps review process.
150.012 Validity of location and sketch maps approval.
ARTICLE III. PRELIMINARY PLAN
150.013 Purpose.
150.014 Submission requirements.
150.015 Preliminary plan review process.
150.016 Commission action.
150.017 Village board action.
150.018 Validity of preliminary plan; Reaffirmation of preliminary plan.
ARTICLE IV. CONSTRUCTION PLANS
150.019 Purpose.
150.020 Construction plans in the event there is more than one final plat.
150.021 Submission requirements.
150.022 Construction plan review process.
ARTICLE V. CONSTRUCTION AND BONDING OF PUBLIC IMPROVEMENTS
150.023 Effect of approval plans.
150.024 Notification of construction.
150.025 Review and inspection fees.
150.026 Inspection of construction.
150.027 Security for public improvements.
150.028 Partial reduction of security.
150.029 Length security in effect; forfeiture.
150.030 Approval of public improvements.
ARTICLE VI. FINAL PLAT
150.031 Purpose.
150.032 Submission requirements.
150.033 Final plat review process.
150.034 Submission of final plat to village board.
150.035 Village board approval.
150.036 Recording the final plat.
150.037 Acceptance of public improvements.
150.038 Effect of final acceptance.
ARTICLE VII. DESIGN STANDARDS AND SPECIFICATIONS FOR REQUIRED PUBLIC IMPROVEMENTS
150.039 State specifications.
150.040 Right-of-way streets.
150.041 Street design.
150.042 Lot and block design.
150.043 Erosion and sediment control.
150.044 Utility easements; location of utilities.
150.045 Surface water drainage.
150.046 Backfill over underground utilities.
150.047 Sidewalks.
150.048 Sewage disposal.
150.049 Water supply.
150.050 Electric distribution.
150.051 Street lighting.
150.052 Public areas and open space.
ARTICLE VIII. MINOR SUBDIVISION
150.053 Purpose.
150.054 Location map.
150.055 Final plat submission requirements.
150.056 Review process.
150.057 Submission of minor subdivision plat to the village board.
150.058 Village board approval.
150.059 Recording the minor subdivision plat.
150.060 Limitations on minor subdivisions.
ARTICLE IX. LARGE SCALE DEVELOPMENTS
150.061 Purpose.
150.062 Submission requirements.
150.063 Standards and requirements.
150.064 Review process.
150.065 Commission action.
150.066 Review by the village board.
150.067 Construction plans.
150.068 Construction and securities.
ARTICLE X. TRACT SURVEY
150.069 Purpose.
150.070 Submission requirements.
150.071 Review process.
150.072 Recording the tract survey.
ARTICLE XI. VARIATIONS; REVIEW OF ADVERSE DECISION PENALTY; EFFECTIVE DATE; PUBLICATION
150.073 Variance of subdivision requirements.
150.074 Review of adverse commission decision.
150.075 Extensions of time.
150.076 Penalty.
ARTICLE I. 150.001 Title.
This chapter may be cited as "The 1996 Land Subdivision Ordinance of the Village of Riverton, Illinois."
(Ord. 96-006, passed 2-5-96).
150.002 Jurisdiction.
(A) The subdivision jurisdiction of the Village of Riverton shall include all land within the corporate limits of the village. If a comprehensive plan is adopted, the subdivision jurisdiction shall be extended to include all unincorporated land within one and one-half miles of the corporate limits of the village.
(B) When the one and one-half mile subdivision jurisdiction of the village and that of another municipality overlap, a contractual agreement between the village and the other municipality may be established which designates subdivision jurisdiction boundaries in the overlap area. In the absence of such an agreement, the jurisdiction shall extend to a median line equidistant from the village's boundary and the boundary of the other municipality nearest to the boundary of the village at any given point on the line.
(Ord. 96-006, passed 2-5-96).
150.003 Purpose.
It is the purpose of this chapter to promote growth and development and to regulate and control the division of land within the subdivision approval jurisdiction of the village in order (1) to provide for the legal and orderly division of land by requiring proper description, monumentation and recording of subdivided land and (2) to promote growth of the community which protects the public health and safety and provides essential public services to existing and future residents. The goals of this chapter shall be to promote:
(A) Conformance with the Riverton Comprehensive Plan, if adopted;
(B) Provision of adequate public services including public water and sewer, electricity, and police and fire protection to land to be developed;
(C) Prevention of leap frog and scattered development;
(D) Protection of the area's public water supply;
(E) Prevention of development on unsuitable land;
(F) Provision of safe and efficient street network;
(G) Prevention of agricultural/residential conflicts;
(H) Conservation and protection of natural resources;
(I) Prevention of inappropriate development in or filling of the one hundred year floodplain;
(J) Establishment of lots that are of a practical size and shape;
(K) Enhancement and preservation of aesthetic qualities.
(Ord. 96-006, passed 2-5-96).
150.004 Severability.
If any section, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the chapter shall not be affected by that decision.
(Ord. 96-006, passed 2-5-96).
150.005 Plat; when required.
It shall be unlawful for a subdivider of land within the subdivision jurisdiction of the village to subdivide land into lots, blocks, streets, alleys, or public open space unless by plat in accordance with the laws of the state of Illinois and the provisions of this chapter. It shall be unlawful to divide land without obtaining tract survey approval, when required.
(A) The provisions of this chapter shall not apply, except as noted with respect to tract surveys, and no plat is required in any of the following instances (Plats Act, 765 ILCS 205/0.01 et seq.):
(1) The division or subdivision of land into parcels or tracts of five acres or more in size which does not involve any new streets or easements of access;
(2) The division of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access;
(3) The sale or exchange of parcels of land between owners of adjoining and contiguous land except where the transfer results in the creation of another buildable lot;
(4) The conveyance of parcels of land or interests therein for the use as a right-of-way for railroads or other public utility facilities and other pipelines which does not involve any new streets or easements of access;
(5) The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access;
(6) The conveyance of land owned 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;
(7) Conveyances made to correct descriptions in prior conveyances;
(8) The sale or exchange of parcels or tracts of land following the division into no more than two parts of a particular parcel or tract of land existing on July 17, 1959 and not involving any new streets or easements of access. If a division is made prior to October 1, 1973, for which an exemption is claimed pursuant to subsection (A)(8) of this section, and the division results in one part being greater than five acres and the other part being less than five acres, then the subsequent division of the part greater than five acres shall qualify for the exemption set forth in subsection (A)(9) of this section. If a division is made on or after October 1, 1973, for which an exemption is claimed pursuant to subsection (A)(8) of this section and the division results in one part being greater than five acres and the other part being less than five acres, then the subsequent division of the part greater than five acres shall not qualify for the exemption set forth in subsection (A)(9) of this section;
(9) The sale of a single lot less than five acres from a tract of five acres or larger when a survey is made by a registered surveyor; provided, however, that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions and configuration of the larger tract on October 1, 1973, and provided that this exemption does not invalidate any other local requirements applicable to the subdivision of the land;
(10) The division of a lot of record as of January 1, 1996, if the new lots created by such division, together with any structures existing as of the date of the division, meet all requirements of the zoning ordinance for the Village of Riverton with respect to the zoning district in which such new lots are located, and not involving any new streets or easements of access. Provided, however, that this exemption shall not apply to the further division of any lots created thereby.
(B) A tract survey shall be required for a division or subdivision of land for which no plat is required under subsection (A) of this section. All tract surveys shall be approved and recorded in accordance with Sections 150.060 through 150.063 of this chapter.
(Ord. 96-006, passed 2-5-96).
150.006 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"Alley" means a public way used primarily as a service access to the rear or side of a property which abuts on a street.
"Arterial roadway network plan" means the portion of the comprehensive plan, if adopted, providing and planning for the present and future system of streets for the village.
"As-built plans" means final plans showing any changes from the construction plans, indicating in detail how the project was constructed. Such plans show all public facilities as built on the surface and underground, both on public property and on easements and also indicate all private utility locations that are known. Details shown include: sanitary and storm sewers, manholes, invert grades, bench marks, location of sanitary sewer laterals, street inlets, hydrants, general flow of surface water, and grades for drainage swales on the lot. The "as-built plans" carry the seal of a registered professional engineer certifying that construction was completed in conformance with the plans and specifications.
"Block" means a tract of land bounded by streets, or by a combination of streets, parks, railroad rights-of-way or bodies of water.
"Collector streets" means streets penetrating neighborhoods collecting traffic from local streets and channeling it into the arterial street system. A minor amount of through traffic may be expected, but collector streets primarily provide land access service and carry local traffic movements within residential neighborhoods and commercial and industrial areas.
"Construction plans" means the drawings prepared in the manner and containing the data, documents and information required by Article IV, "Construction Plans."
"Covenants" means a private agreement written into the deed in which property owners of the development promise to do or refrain from doing certain acts.
"Cul-de-sac" means a permanent street with a single access point that ends in a turnaround and cannot be further extended without taking property not dedicated as a street. A cul-de-sac begins at its point of intersection with a street with multiple access.
"Dedicate" means to transfer ownership of land, either fee simple or a partial interest, for a public use, and for a public body to accept it for that public use.
"Drainage course" means a natural watercourse, swale, depression or ditch for the drainage of surface waters and stormwaters.
"Easement" means a liberty, privilege or advantage which a party or the general public may have regarding the land of another. The remainder of the rights in the land remain in the hands of the owner who retains the legal title.
"Existing township highway" means any public road in the township which is owned and maintained by the township.
"Final plat" means the drawing of a subdivision prepared in the manner and containing the data, documents and information required by this chapter showing lots of record and which is to be recorded.
"Flag lot" means a lot located behind another lot or parcel with access to a public street only by a narrow strip of land extending from the buildable area of the lot to the street.
"IDOT" means the Illinois Department of Transportation.
"IEPA" means the Illinois Environmental Protection Agency.
"Large scale development" means a form of land subdivision which involves the construction of a multifamily or commercial building on a lot or parcel of land one acre or more in size or two or more principal multifamily or commercial buildings on a lot or parcel of land of any size served by an internal street and utility distribution.
"Local streets" means streets not classified in a higher system which primarily provide direct access to abutting land and access to higher types of roadways. They offer the lowest level of mobility being the narrowest and shortest streets in the street system. Service to through traffic is deliberately discouraged.
"Location map" means a preliminary drawing or map of a proposed subdivision containing the data and information required by this chapter.
"Lot" means the tract within a subdivision marked by the subdivider as a numbered tract to be offered as a unit of land for sale or transfer of ownership.
"Major arterial streets and roadways" means the highest traffic volume corridors serving major activity centers and the longest trip desires. Service to abutting land is subordinate to the provision of travel service to major traffic movements. They are normally spaced on a one mile grid pattern and may include expressways.
"Minor arterial streets and highways" means streets and roadways which interconnect with and augment the major arterial street system and provide service trips of moderate length at a somewhat lower level of travel mobility than major arterials. Minor arterials place more emphasis on land access and distribute travel to geographic areas smaller than those identified with major arterials.
"Minor subdivision" means the creation of a total of up to four lots (counting the original tract from which the lots are created) which front along a public road.
"Official plan" or "comprehensive plan" means the Riverton, Illinois, comprehensive plan, if adopted.
"Owner" means any or all persons, entities, trusts, or corporation holding legal title to the land to be subdivided. If the owner is a trust, all beneficiaries shall be listed as owners. If the owner is a corporation, all principals and officers shall be listed as owners.
"Pavement width" means the distance from the edge of the pavement to the edge of the pavement but not including curb and gutter.
"Planned unit development" means a form of land subdivision that allows the development of ten or more acres of land with variations of some of the restrictions of standard zoning and subdivision regulations.
"Planning commission" or "commission" means the Riverton Planning Commission.
"Plat" means the action of officially subdividing land or the final plat which is approved by the village and recorded.
"Plats officer" means the executive director of the Springfield-Sangamon County regional planning commission or duly authorized representative.
"Preliminary plan" means a plan of proposed subdivision or greater area prepared in the manner and containing the data, documents and information required by this chapter.
"Principal building" means a building in which the principal use of the lot on which it is located is conducted.
"Private street" means a purported street, way or strip of land reserved for the use of a limited number of persons or purposes and which is not a publicly dedicated street.
"Public crosswalk" means a ten-foot right-of-way through the interior of a block in which a sidewalk meeting the construction standards of this chapter is built.
"Public improvement" means any street, sanitary sewer, storm sewer, drainage way, water main, sidewalk, parkway or other facility which the village or other governmental unit owns, maintains and operates.
"Public street" means a street owned and maintained by a governmental body.
"Record" means to file a final plat approved by the village with the Sangamon County recorder of deeds.
"Right-of-Way" means a strip of land which has been dedicated in fee simple to a public body for streets, alleys and other public improvements as determined by the public body.
"Sanitary sewer" means a constructed conduit connected with the sewer system that is designed to carry liquids and solids other than stormwater to the Springfield Metro Sanitary District sanitary sewer treatment plants.
"Service access street" means a street parallel to and adjacent to a major arterial which provides access from the arterial to abutting properties.
"Setback" means the minimum horizontal distance required between the building and the lot line adjoining the street right-of-way.
"Shall" means something is mandatory; "may" means something is discretionary.
"Sketch plan" means a general layout of a proposed subdivision prepared in the manner and containing the information required by this chapter.
"Storm sewer" means a constructed conduit for carrying stormwater to a drainage course.
"Stormwater" means water from roof downspouts, basement footing perimeter drains and yard drains as well as surface runoff.
"Stub street" means a street which is intended to be extended but which temporarily ends.
"Subdivider" means any or all owners, agents or persons controlling land who commence proceedings under this chapter by submitting location and sketch maps to the planning commission office or by making land improvements in the form of buildings, drives and utilities, but not necessarily involving the actual division of land.
"Subdivision of land" means the (1) division of land into two or more parts, any of which is less than five acres in size (see Section 150.005(A) for exemptions), (2) dedication of streets or easements of access, or (3) creation of a planned unit development. In the event a subdivision is a planned unit development, the standards and regulations of this chapter shall govern.
"Superintendent of highways" means the Sangamon County superintendent of highways.
"Surety" means a bonding agency that is financially qualified to do business in the state of Illinois.
"Through lot" means any lot which is not a corner lot and which adjoins two streets that are parallel or within forty-five degrees of being parallel to each other.
"Township highway commissioner" means the township highway commissioner for the township in which the subdivision is located.
"Tract survey" means a land survey, made by an Illinois Professional Land Surveyor, complying with the requirements of Section 1 of "An Act to revise the law in relation to plats" (765 ILCS 205/0.01) as now or hereafter amended, and Section 35 of the "Revenue Act of 1939" (35 ILCS 205/35) as now or hereafter amended.
"Traffic control device" means any sign, signal marking or device placed on or adjacent to a street or highway by authority of the Village of Riverton, the state of Illinois Department of Transportation or the Sangamon County superintendent of highways.
"Village" means the village of Riverton, Illinois.
"Village clerk" means the village clerk of the Village of Riverton, Illinois.
"Village's consulting engineer" means the professional engineer appointed or designated by the village board of trustees.
"Water department" means the water department of the Village of Riverton.
"Zoning administrator" means the zoning administrator of the Village of Riverton.
(Ord. 96-006, passed 2-5-96).
150.007 Duties of zoning administrator.
The zoning administrator of the Village of Riverton shall be the staff person primarily responsible for administering this chapter. The zoning administrator shall (1) accept all plats and other documents for filing with the village; (2) insure that the proper number of plats and other documents as required by this chapter are filed by the subdivider; (3) insure the timely and proper dissemination of all plats and other documents to interested parties; (4) perform whatever staff work is required by the planning commission; (5) assure collection of all fees required by this chapter; (6) pay all such fees over to the general fund of the village; and (7) insure, prior to the approval and signing of any final plat, that all necessary fees have been paid by the subdivider. In addition to these general duties, the zoning administrator shall have all other duties required by this chapter.
(Ord. 96-006, passed 2-5-96).
ARTICLE II. 150.008 Purpose.
The purpose of the location and sketch maps is to determine the suitability of the site for subdividing and subsequent development. Suitability shall be measured by the conformance with the comprehensive plan, effect on natural resources and natural systems, ability to provide adequate essential services to the site and conformance with the goals of this chapter set forth in Section 150.003.
(Ord. 96-006, passed 2-5-96).
150.009 Submission requirements.
Information filed with the planning commission shall be of sufficient detail so that the commission can determine whether and how essential services will be provided and if the site is suitable.
(A) Location Map. The location map shall consist of data added to an existing base map of a suitable scale, covering an area of at least one mile radius from the tract proposed for development. The location map shall show the following information:
(1) North point, scale and date;
(2) Outline of the entire area owned or controlled by the subdivider with approximate boundary dimensions and total acreage;
(3) Existing streets and roads expected to serve the area to be subdivided;
(4) Existing utility lines expected to serve the area to be subdivided.
(B) Sketch Map. The sketch map shall show the general layout and character of the proposed development. The scale shall be no more than one hundred feet to the inch. Exact dimensions or engineering plans are not required. The sketch map shall show the following information:
(1) North point, scale and date;
(2) Area to be subdivided with general dimensions;
(3) Proposed street network and alignments with existing streets;
(4) General lot layout;
(5) Potential open space– public parks, existing waterways, drainage or retention areas, etc.;
(6) Outstanding or unusual natural features and vegetation.
(C) Additional Information. In addition to the information required below, any other information necessary for the planning commission to determine site suitability or adequacy of mitigating factors as outlined in Section 150.010 shall be submitted:
(1) Title of the proposed subdivision;
(2) Names, addresses and phone numbers of the owner, subdivider, engineer and land surveyor. A contact person should be designated;
(3) Proposed use and approximate number of housing units;
(4) Existing and proposed zoning;
(5) Method of sewage disposal;
(6) Method of water supply;
(7) Electric service provider;
(8) Fire protection district;
(9) School district.
(Ord. 96-006, passed 2-5-96).
150.010 Subdivision site suitability.
(A) Essential Utilities and Public Services. Land proposed to be subdivided shall have essential utilities and public services available within a reasonable distance and time period. Land to which these essential utilities and services will not be so provided shall be deemed unsuitable for subdividing. Essential utilities and services and criteria for determining if they can adequately be provided shall include the following:
(1) Sewage disposal:
(a) Sanitary sewer service provided by the Village of Riverton shall be the preferred method of sewage disposal. If sanitary sewer service is currently available to the land proposed to be subdivided, it shall be the sewage disposal method used.
(b) If sanitary sewer service is not currently available but the land is within the ultimate service area as identified in the village's facility plan and the village determines that sewer service will be available within a reasonable period, the land may be deemed suitable for subdividing if:
1. Sanitary sewers will be installed by the subdivider for service to each building site, and
2. IEPA-permitted on-site sewage disposal facilities can and will be provided,
(c) If the land cannot be served with sanitary trunk sewers within a reasonable period, or if the land is not within the ultimate service area as identified in the village's facility plan and therefore shall be unsuitable for subdividing unless it can be shown that adequate private sewage systems can be provided;
(2) Water supply:
(a) An IEPA approved public water supply shall be the preferred method of water supply,
(b) Private wells may be permitted for developments outside the village if the developer can demonstrate that it is not feasible to extend water mains to the land proposed to be subdivided. As a minimum guideline, the extension of one hundred twenty degrees +/- of water main per lot of the preliminary plan shall be deemed feasible. This distance shall be measured between the nearest suitable public water main and the proposed development. Mains within the development shall not count toward this extension footage;
(3) Fire protection:
Land proposed to be subdivided shall meet the following conditions in order to be deemed suitable for subdividing:
(a) Land shall be within a fire protection district, if possible,
(b) There shall be a public road providing adequate access for emergency vehicles to the site. Roadways shall have an all weather driving surface (minimum oil and chip) with twenty feet of unobstructed width. Where a bridge is required to be used as a part of the most direct fire truck access route, it shall have a minimum vertical clearance of thirteen feet, six inches and be constructed and maintained to carry the live loads imposed by fire trucks, and
(c) There shall be a system of water mains or other source of water adequate for fire fighting purposes. Specific fire flows shall be determined by the Riverton fire protection district using a standard published by the insurance service office entitled "Guide for Determination of Required Fire Flow,"
A full sprinkler system installed with adequate water available as determined by the National Fire Protection Association Standards 13 or 13D depending on the occupancy of the building shall also satisfy this requirement;
(4) Streets:
The suitability of existing streets for access to the proposed subdivision and/or for incorporation into the proposed subdivision's street system shall also be considered. A street shall be considered suitable if:
(a) The street is constructed of all weather material (concrete, asphalt, oil mat),
(b) The paved area is at least twenty feet wide with a road bed twenty-four feet wide, and
(c) The street has good drainage,
If only a portion of the criteria set forth in subsection (A)(4) of this section is met, the village's consulting engineer, a representative of the Riverton fire protection district, and a representative of the planning commission shall make the recommendation as to whether the street is suitable for the proposed development or what improvements must be undertaken to make it suitable;
(5) Police protection:
In determining the suitability of land for subdivision purposes, the distance that police would have to travel to respond to a call for service shall be considered.
(B) Other Requirements. Land proposed to be subdivided shall meet the following retirements:
(1) Site must be in conformance with the Riverton Comprehensive Plan, if adopted;
(2) Development must not be located in a one hundred year floodplain or flood prone area;
(3) Development must not be located in any environmentally sensitive area including sites near the Village of Riverton water supply wells, unless the subdivider can show that environmental concerns can be mitigated;
(4) Site must be of a shape, size and terrain so that usable lots and streets in conformance with this chapter can and will be created;
(5) Development must not have a major conflict with existing use of adjacent property (wastewater treatment plants, power plants, major industrial plants, landfills, certain agricultural uses, etc.) unless it is shown that factors which cause the conflict can and will be mitigated;
(6) Development must not cause major off-site impacts and problems relating to, but not limited to, streets, drainage water system, parks. If it is determined by the planning commission that major off-site impacts will result, the subdivider must agree to mitigate the portion of the impact caused by the subdivision;
(7) When soils in the area to be developed have severe limitations for building site development or sanitary facilities as determined by the USDA Soil Conservation Service, the subdivider shall submit information indicating how these limitations will be addressed.
(Ord. 96-006, passed 2-5-96).
150.011 Location and sketch maps review process.
(A) The subdivider shall submit twelve prints of the location and sketch maps and supporting data to the zoning administrator. The subdivision will be reviewed according to the filing deadline and review schedule established by the planning commission.
(B) The zoning administrator shall retain one print on file and distribute the location map and sketch maps and support data as follows:
Two prints to the planning commission;
One print to the village superintendent of public works;
One print to the village's consulting engineer;
One print to the village clerk;
One print to the Riverton fire protection district;
One print to the Sangamon County superintendent of highways, if applicable;
One print to Sangamon County Soil and Water Conservation District;
One print to the appropriate township highway commissioner or IDOT, if applicable; and
One print to the appropriate school district.
(C) The entities listed in subsection (B) of this section shall transmit any comments on suitability of the site in writing to the planning commission within seven calendar days of receipt.
(D) The planning commission shall make a recommendation to the village board with respect to the suitability of the site and the proposed layout no later than thirty days after the plan was filed with the village clerk. Lack of action within the allotted time period shall constitute a negative recommendation to the village board.
(E) After receiving the planning commission's recommendation, the village board shall, at its next regularly scheduled board meeting, approve or disapprove teria outlined in Section 150.010.
(Ord. 96-006, passed 2-5-96).
150.012 Validity of location and sketch maps approval.
The location and sketch maps shall be valid for a period of one year after village board approval. If a preliminary plan has not been submitted within the one-year period, approval of the location and sketch maps shall expire. If interest is renewed in subdividing the site at a later time, the entire location and sketch maps review process and submission requirements shall be repeated.
(Ord. 96-006, passed 2-5-96).
ARTICLE III. 150.013 Purpose.
The preliminary plan is intended to provide a detailed layout of the proposed subdivision showing the location of public improvements, lots, drainage and open space areas.
(Ord. 96-006, passed 2-5-96).
150.014 Submission requirements.
(A) The preliminary plan shall show all required information required on plan sheets no larger than twenty-four by thirty-six inches with matching lines if two or more sheets are necessary. The scale shall be no more than one hundred feet to the inch. All dimensions shall be to the nearest foot.
The preliminary plan shall be consistent with the current zoning district classification of the property.
(B) Information to be shown on the plan sheets shall include:
(1) The title under which the proposed subdivision is to be recorded; the names and addresses of the engineer, registered land surveyor, subdivider and owner of the tract with the name and address of the contact person with whom any notice is to be sent;
(2) North point, scale and date of preparation and any revisions;
(3) A notation stating "Preliminary Plan– Not to be recorded by Recorder of Deeds";
(4) Total acreage;
(5) Location of all present property lines and section lines;
(6) The location of all streets, watercourses, and other existing features within the area to be subdivided and within two hundred feet of the site;
(7) Location and dimensions of existing buildings and their proposed disposition;
(8) The existing utilities, drainage courses and culverts including the location and size of water mains and sewer outlets within the area to be subdivided and on the adjacent land;
(9) Contours referring to the United States Geological Survey datum with intervals of two feet or less unless a greater interval is required because of terrain;
(10) The elevation of the one-hundred-year floodplain if any portion of the land to be subdivided would be submerged by the flood. Adequate buildable area must be provided above the elevation of the one-hundred-year floodplain;
(11) Lot numbers;
(12) Proposed location of sewer mains (may be shown on a supplemental sheet);
(13) The proposed storm drainage system including preliminary drainage computations when detention or retention is likely to be needed (may be shown on a supplemental sheet). An assessment of long-term erosion, sedimentation and runoff changes caused by the subdivision should be included;
(14) Proposed location of water mains and fire hydrants;
(15) Location and width to the nearest foot of all proposed streets, alleys and their associated rights-of-way;
(16) Location and width to the nearest foot of lots;
(17) Location and width to the nearest foot of all utility easements. The subdivider shall determine the correct location of all easements to be shown on the preliminary plan from the utility companies;
(18) The location of areas to be reserved for public use;
(19) The minimum setback requirements for the appropriate zoning district;
(20) Proposed staging of final plats if more than one final plat will be submitted based on traffic, utilities and other factors which would determine the sequence of development with the lease impact on existing residents of the village;
(21) Draft of subdivision covenants relating to the requirements of this chapter;
(22) If subdivision road access is to a state, county, or township road, written approval of the access by the Illinois Department of Transportation, county highway department or township road commissioner.
GENERAL PROVISIONS
LOCATION AND SKETCH MAPS
PRELIMINARY PLAN
| By: ____ | |
| Date: ____ |
(B) Recommendation of Disapproval. If the planning commission finds that the preliminary plan does not comply with the requirements of this chapter, it shall inform the subdivider of its recommendation of disapproval at the meeting when a vote is taken, followed within seven calendar days by a written recommendation of disapproval stating the noncompliance found. Unless the subdivider indicates its desire to amend the preliminary plan in accordance with subsection (C) of this section, either verbally at the planning commission meeting (which shall be reflected in the minutes) or in writing within seven calendar days of receipt of the written recommendation, then three prints of the proposed preliminary plan with the written findings of the planning commission recommending disapproval shall be submitted to the village board, together with minutes of all meetings at which the preliminary plan was considered. The chairman shall indicate the planning commission's recommendation of disapproval on the plan in substantially the following language.
The Planning Commission of the Village of Riverton recommends that this preliminary plan of subdivision be disapproved.
| By: ____ | |
| Date: ____ |
(C) If the subdivider desires to amend the preliminary plan prior to its being considered by the village board, the subdivider shall submit twelve prints of the amended plan to the zoning administrator, which shall be reviewed according to the filing deadline and review schedule established by the planning commission. No filing fee shall be necessary if the amended preliminary plan is filed within two calendar months of the date the planning commission recommends disapproval. The zoning administrator shall transmit copies of the amended plan as described in Section 150.015, and review or proceed as indicated in that section.
| ____ | |
| Village President | |
| Attest: | |
| ____ | |
| Village Clerk |
(Ord. 96-006, passed 2-5-96).
150.018 Validity of preliminary plan; Reaffirmation of preliminary plan.
(A) The preliminary plan shall be valid for a period of three years after village board approval. If the final plat has not been submitted to the planning commission within said three-year period, or if submitted, no final plat is approved, the preliminary plan shall expire.
(B) If the subdivider has not submitted a final plat within three years after preliminary plan approval, but wishes to avoid expiration of the plan, the subdivider shall seek reaffirmation of the plan by submitting thirteen prints to the village clerk for review according to the review schedule established by the planning commission in accordance with Sections 150.015 through 150.017 no later than thirty-five months after the initial village board approval. If the subdivider has submitted a final plat within said three-year period, but it is not approved during or after said three-year period, the subdivider may avoid expiration of the preliminary plan by making the same preliminary plan reaffirmation submission described above, provided that if the disapproval of the final plat occurs during or after the thirty-fifth month, the submission required shall be made within one month of such disapproval. In such event, the review process in Sections 150.015 through 150.017 shall be followed.
(C) Where reaffirmation of the preliminary plan is sought the planning commission shall recommend, and the village board shall require, any changes in the plan it deems necessary to meet the requirements of this chapter. If the subdivider has not resubmitted the preliminary plan with the required changes to the village board within thirty days after the village board meeting requiring changes, or if the resubmitted plan is disapproved, the plan shall expire at that time or at the end of any appeal process provided for in this chapter, whichever is later.
(D) A preliminary plan may be reaffirmed one time. If a final plat has not been submitted to the planning commission within three years from the date of the reaffirmation, or if submitted, is not approved, the plan shall expire.
(E) Final plat approval shall extend the validity of the preliminary plan for three years from the date of final plat approval, provided that the planning commission may require any changes necessary to meet the requirements of this chapter, and in such an event, the provisions of subsection (C) of this section with respect to resubmission shall apply. The preliminary plan may be reaffirmed one time after each final plat approval. If another final plat has not been resubmitted within three years from the date of the reaffirmation, the preliminary plan shall expire. In the event a preliminary plan expires, a subdivider wishing to proceed with subdivision of the land involved must resubmit a location and sketch map for review and proceed as in the case of an original submittal.
(Ord. 96-006, passed 2-5-96).
ARTICLE IV. 150.019 Purpose.
Construction plans are intended to show the design of public improvements for the subdivision so that a determination can be made as to whether village standards are met and whether the improvements are compatible with existing public improvements.
(Ord. 96-006, passed 2-5-96).
150.020 Construction plans in the event there is more than one final plat.
Notwithstanding anything else in this chapter to the contrary, whenever the subdivider anticipates more than one final plat arising from an approved preliminary plan, the subdivider shall submit, along with the construction plans for any final plat, the drainage and detention plans for each watershed that is affected by the construction of the final plat. If a watershed is partially affected by any final plat, then the subdivider shall submit drainage and detention plans for the entire watershed irrespective of whether the watershed is located partially outside the plat. No final plat shall be approved until all construction work is completed, or security is given for construction of drainage and detention works for all watersheds affected by the final plat. Until all drainage works for the entire subdivision are built, provisions shall be made in the construction plans if necessary for temporary detention works for each plat as each plat is built.
(Ord. 96-006, passed 2-5-96).
150.021 Submission requirements.
Construction plans shall be submitted on sheets not larger than twenty-four by thirty-six inches and to a scale of not more than one hundred feet to the inch. Construction plans shall include the following information:
(A) Cover sheet showing the location of the development; scales and symbols that are used; index to sheets; summary of quantities; appropriate place for approval of the village's consulting engineer; and the signature and seal of a registered professional engineer;
(B) North arrow and bench marks with their elevations noted. Bench marks shall be referenced to mean sea level datum as determined by the United States Geological Survey;
(C) Plan sheets showing the locations of all existing streets, right-of-way lines, sanitary sewers, storm sewers, sidewalks, drainage ditches, easements, rear lot drainage, direction of storm drainage flow, survey monuments, water mains, fire hydrants, and any other appurtenance or structure that might influence design considerations;
(D) Profile sheets indicating the existing ground line and proposed grades and elevations for all proposed streets, sanitary sewers, drainage structures, drainage ditches, and rear lot drainage. Elevations shall be referenced to the United States Geological Survey datum;
(E) Typical sections showing the right-of-way lines, proposed pavement widths, pavement thickness, base thickness, sub-base thickness, subgrade, crown, curbs and gutters, sidewalks and design data when required;
(F) Detail sheets showing the details of manholes, inlets, catch basins, curbs and gutters, drainage structures and any other structure or appurtenance to be constructed, or reference made to the Standard Specifications for Road and Bridge Construction in Illinois or Highway Standards published by the Illinois Department of Transportation;
(G) Design computations for storm sewer design, for special structures and pavement designs when required and for anticipated fire flow;
(H) Detailed description of erosion control measures to be taken during construction;
(I) Proof of application for an access permit from the county highway department when access to a county highway is involved, of IDOT when access to a state highway is involved;
(J) Proof of application for a 404 permit if any dredging, riprapping, fill work or similar activities will be conducted in or around streams;
(K) Other specific additional information may be requested by the village's consulting engineer;
(L) Permits for sanitary sewer and water main construction, if required.
(Ord. 96-006, passed 2-5-96).
150.022 Construction plan review process.
(A) After receiving approval of the preliminary plan, the subdivider shall submit three sets of construction plans to the zoning administrator who shall retain one set on file and distribute the remaining as follows:
(1) One set to the village's consulting engineer;
(2) One set to the county superintendent of highways when the subdivision is located outside the corporate limits of Riverton; and
(B) Construction plans shall be submitted a minimum of thirty calendar days before the final plat is to be submitted for review.
(C) The village's consulting engineer shall complete his or her review within thirty calendar days after all items of information required by Section 150.021 have been submitted in writing.
(D) Within thirty calendar days after complete submission, the village's consulting engineer shall notify the subdivider's engineer of approval of the plans or of any required changes unless the review time is extended for no more than fourteen calendar days by the village's consulting engineer in a letter to the subdivider's engineer listing reasons for the extension. If plans must be resubmitted, the village's consulting engineer shall also inform the engineer of the number of sets of plans to be submitted.
(E) When construction plans are resubmitted with the required changes, they shall be re-reviewed within fourteen calendar days unless the review time is again extended by the village's consulting engineer in the manner set forth in subsection (D) of this section.
(F) The village's consulting engineer shall notify the subdivider's engineer and the zoning administrator of the approval of the construction plans. Construction plans shall not be approved until proof of acquisition of a county access permit or 404 permit, if applicable, is submitted. The zoning administrator shall also send a notice of the approval to the:
Planning commission;
County or township superintendent of highways, if applicable;
Other utility companies involved.
(Ord. 96-006, passed 2-5-96).
ARTICLE V. 150.023 Effect of approval plans.
Approval of the construction plans shall give the subdivider the right to begin construction of the subdivision improvements. Construction must be started within one year of approval of the construction plans. If construction is not started within the year, reapproval by the village's consulting engineer shall be required before construction is started.
(Ord. 96-006, passed 2-5-96).
150.024 Notification of construction.
The village's consulting engineer shall be notified at least twenty-four hours before construction begins. Construction shall begin only after approval of construction plans and payment of the review and inspection fee as set forth in Section 150.025 of this chapter. Whenever construction stops for twenty-four hours or longer, the village's consulting engineer shall be notified twenty-four hours before construction begins again.
(Ord. 96-006, passed 2-5-96).
150.025 Review and inspection fees.
Before starting construction of any public improvements, the subdivider shall be assessed and shall deposit with the zoning administrator for the Village of Riverton an amount equal to seven-tenths of one percent of the estimated construction cost (including but not limited to grading, drainage, roadway, sidewalk, sewer, waterline and other improvements which are to be dedicated to public use or which benefit the subdivision generally) as approved by the village consulting engineer. The zoning administrator shall cause such funds to be deposited in the general fund of the village.
The foregoing fee is intended to reimburse the village for charges of the village consulting engineer in connection with the review and inspection of the preliminary and final plats and the construction of the public improvements. In the event that the engineering expenses incurred by the village are in excess of the amount initially paid by the subdivider, the village shall bill the subdivider for the difference, and such amount shall be paid by the subdivider prior to acceptance by the village of the final plat. However, the subdivider shall not be entitled to any refund in the event the fees actually charged to the village by the village consulting engineer is less than 0.7 percent of the estimated construction costs.
(Ord. 96-006, passed 2-5-96).
150.026 Inspection of construction.
(A) Presence of Subdivider's Observer. The subdivider's engineer shall have a full-time, qualified resident observer present on the construction site for the following:
(1) Approval of the subgrade prior to paving; and
(2) Continuous observation of all phases of the paving operation, construction of sanitary sewer mains and appurtenances and construction of storm sewer and appurtenances and construction of water mains.
(B) Presence of Subdivider's Contractor Superintendent. The subdivider's contractor shall have a superintendent on the job site at all times while construction is in progress. The superintendent shall be responsible for the entire construction procedure. In his absence, the superintendent shall indicate to the subdivider's observer, the person temporarily responsible for the conduct of the work.
(C) Inspection by Village's Consulting Engineer. All required improvements to be installed under the provisions of this chapter shall be checked during the course of construction by the village's consulting engineer. The cost of any reinspection of any required improvement found to be faulty or not in accordance with the approved plans and specification shall be paid by the subdivider to the village. The testing of any concrete, asphalt, soil, other materials or workmanship shall be done at the direction of the village and at the expense of the subdivider.
(Ord. 96-006, passed 2-5-96).
150.027 Security for public improvements.
If construction has not been completed and approved by the village consulting engineer before the final plat is submitted to the village board, security in the amount equal to one hundred twenty-five percent of the estimated construction costs (including but not limited to grading, drainage, roadway, sidewalk, sewer, waterline and other improvements which are to be dedicated to public use or which benefit the subdivision generally) of the public improvements shall be filed with the zoning administrator in order to insure completion of the public improvements as required by this chapter within a reasonable length of time without cost to the village. The form and sufficiency of security shall be subject to the approval of the village attorney and the village's consulting engineer. Security may be in the form of a bond issued by a commercial surety licensed to do business in the state of Illinois, or it may be in the form of an irrevocable letter of credit issued by an Illinois or national bank of at least one year in duration, which provides for automatic annual renewals thereof unless at least sixty days prior to the expiration of its term or any renewal thereof, written notice of nonrenewal is sent by certified mail to the village.
The bond or letter of credit shall by its terms secure payment of not only the construction of the public improvements but also of any additional review and inspection fees charged by the village engineer and imposed by the village pursuant to Section 150.025 of this chapter.
(Ord. 96-006, passed 2-5-96).
150.028 Partial reduction of security.
(A) If at the time a final plat is submitted for approval or at any time thereafter, the subdivider has already constructed a portion of the public improvements therein, the subdivider may request that the security for the subdivision be based on the estimated cost of the unconstructed portion, plus ten percent of the estimated cost of the improvements constructed to date. This basis for establishing the amount of the security shall be used only if the village's consulting engineer has inspected the completed portion of the public works and certified that the works have been constructed in accordance with the approved construction plans.
(B) No partial bond reduction shall be construed as final acceptance by the village of any portion of the public improvements; all public improvements constructed by the subdivider are subject to reinspection and reevaluation at any time prior to final acceptance thereof in accordance with Section 150.030 of this chapter, and the subdivider has a continuing obligation until final acceptance to construct all public improvements to the standards of this chapter and the construction plans. In no event prior to final acceptance shall the security for public improvements be reduced to an amount less than twelve and one-half percent of the initial estimated construction costs of all public works to be constructed for the final plat.
(Ord. 96-006, passed 2-5-96).
150.029 Length security in effect; forfeiture.
The security shall remain in effect until it is released by the village board upon final acceptance of the public improvements. All public improvements must be completed within two years from the date when the security was approved. If public improvements have not been completed within said two years, the subdivider shall forfeit the security in the amount necessary for the village to carry out the construction or repairs so that the public improvements meet the standards of this chapter, plus administrative costs involved.
(Ord. 96-006, passed 2-5-96).
150.030 Approval of public improvements.
After the village's consulting engineer informs the village that the following conditions have been met, the public improvements shall be accepted by the village:
(A) The village's consulting engineer has inspected the construction and all necessary repairs and corrections and certifies that the public improvements required by this chapter have been constructed.
(B) "As-built plans" have been prepared by the subdivider's engineer and delivered to the village's consulting engineer.
(C) The village's consulting engineer has received a signed statement of a registered professional engineer stating that the public improvements have been observed during construction and installed to the specifications shown on the construction plans.
(D) The improvements, such as drainage swales and the like, which are not to be dedicated to public use but which benefit the subdivision generally, have been built to specification shown in the construction plans.
(Ord. 96-006, passed 2-5-96).
ARTICLE VI. 150.031 Purpose.
The final plat is intended to provide the accurate location of lots, monuments and property dedicated to public use.
CONSTRUCTION PLANS
CONSTRUCTION AND BONDING OF PUBLIC IMPROVEMENTS
FINAL PLAT
| By: | ____ Chairman |
| Dated: | ____ Riverton Planning Commission |
(D) The planning commission shall transmit the endorsed original plat and two prints to the zoning administrator for immediate reference to the village board. One print of the endorsed final plat shall remain on file with the planning commission.
(Ord. 96-006, passed 2-5-96).
150.034 Submission of final plat to village board.
(A) Upon receipt of the endorsed original final plat and two prints, the zoning administrator shall retain one print on file and shall deliver one print to the village's consulting engineer.
(B) The zoning administrator shall deliver the original final plat to the village board at its next regular session after receiving the documents from the planning commission, along with the applicable minutes of the planning commission and any reports or other written documents generated by the planning commission with respect to the final plat.
(C) The final plat shall remain pending on the agenda of the village board and shall not be approved by the village board until the following have been received:
(1) Written certification from the village's consulting engineer that the public improvements required by this chapter have been approved as described in Section 150.030 or, in lieu of construction, a security has been provided as described in Section 150.027;
(2) A certificate provided by the subdivider from the Sangamon County clerk indicating that payment of taxes is not delinquent.
(D) If the requirements of this section have not been met within two years from the final plat approval by the planning commission, the existing final plat shall expire and must be resubmitted and reviewed as a new final plat.
(Ord. 96-006, passed 2-5-96).
150.035 Village board approval.
When the requirements of Section 150.032 have been met, the village board may by resolution approve the final plat, accept the security, if any, and authorize the village president to sign the plat for and in the name of the Village of Riverton, with the village clerk attesting to it. The village clerk shall retain one print on file.
(Ord. 96-006, passed 2-5-96).
150.036 Recording the final plat.
When the final plat has been approved by the village board and signed by the village president and clerk, the original tracing shall be recorded by the subdivider in the office of the recorder of deeds of Sangamon County, Illinois. If the final plat is not recorded within two years after approval by the village board, the plat must be resubmitted to the planning commission to determine if any changes in the final plat are needed to meet the requirements of this chapter. No title to any lots shall be conveyed until the original tracing is recorded.
(Ord. 96-006, passed 2-5-96).
150.037 Acceptance of public improvements.
(A) After the village's consulting engineer has approved the public improvements as described in Section 150.030, the village's consulting engineer shall issue a letter to the subdivider and the village board stating that the public improvements meet the village's standards.
(B) Upon receipt of the letter from the village's consulting engineer the subdivider shall execute and deliver to the village a dedication and bill of sale for public improvements in the form exemplified by Appendix A-1 set out at the end of this chapter. Upon receipt of the document the village board shall by resolution accept the dedication and bill of sale and shall record the dedication and resolution with the recorder of deeds of Sangamon County, Illinois.
(C) In areas within the village's subdivision but outside the village's corporate limits, the village's consulting engineer and county superintendent of highways and Springfield Metro Sanitary District, if appropriate shall jointly determine whether the standards of this chapter have been met. If met, the village's consulting engineer shall so indicate in a letter to the subdivider and the village board, and the subdivider shall execute the dedication and bill of sale exemplified by Appendix A-1 set out at the end of this chapter, modified as necessary to indicate dedication to the county or township of the roads, to the Springfield Metro Sanitary District of the sanitary sewers, and to the appropriate governmental entity of the water system. The county superintendent of highways shall indicate in a letter to the village's consulting engineer approval of the streets to Sangamon county standards which shall constitute acceptance of the streets by the appropriate township highway commissioner; the executive director of the Springfield Metro Sanitary District shall indicate in a letter to the village's consulting engineer approval of applicable sanitary sewer facilities, but acceptance of the dedication by the Springfield Metro Sanitary District shall be by ordinance. Upon receipt of satisfactory evidence that the public improvements are accepted, the dedication shall be recorded by the village.
(D) Upon recordation of the dedication and bill of sale and resolution of acceptance, the village shall release the security.
(Ord. 96-006, passed 2-5-96).
150.038 Effect of final acceptance.
The final acceptance by the village of public improvements and recordation thereof shall constitute acceptance by the village of title to and maintenance responsibilities for the public improvements. Any contractor's warranties in effect with respect to the public improvements shall be deemed assigned by the subdivider to the village upon acceptance by the village. No acceptance by the village of public improvements shall be deemed to be acceptance by the village of maintenance responsibility with respect to drainage swales or common areas within the subdivision.
(Ord. 96-006, passed 2-5-96).
ARTICLE VII. 150.039 State specifications.
Unless stated otherwise in this chapter, all construction of public improvements shall be performed in accordance with the latest revised edition of the state of Illinois Standard Specifications for Road and Bridge Construction adopted by the Illinois Department of Transportation and the Standards Specifications for Water and Sewer Main Construction in Illinois. If an engineering design or construction situation arises not covered by the above cited standard specifications or in the following sections, the decision of the village's consulting engineer shall be followed.
DESIGN STANDARDS AND SPECIFICATIONS FOR REQUIRED PUBLIC IMPROVEMENTS
| (1) Major arterial | 110– 210 feet R-O-W |
| (2) Minor arterial | 80– 100 feet R-O-W |
| (3) Collector street | 60 feet R-O-W |
| (4) Local street | 50 feet R-O-W |
| (5) Alley | 20 feet R-O-W |
| (6) Existing township highway | 80 feet R-O-W |
(B) Additional rights-of-way may be required for drainage, slope, maintenance or other reasons not directly related to street classification.
(C) For subdivisions that adjoin existing streets, additional rights-of-way shall be dedicated, as needed, to meet the above requirements. This shall be done as follows:
(1) The entire additional right-of-way shall be provided when the subdivision is located on both sides of the existing street.
(2) One-half of the required right-of-way shall be provided when the subdivision is located on only one side of the existing street. However, in no case shall the resulting right-of-way width be less than fifty feet.
| Type of Street | Pavement Width |
| (edge of pavement to edge of pavement) | |
| Type of Street | Pavement Width (edge of pavement to edge of pavement) |
| Major Arterial | 40 feet minimum and as required by IDOT |
| Minor Arterial | 32 feet minimum |
| Collector Street | 27 feet minimum |
| Local Street | 27 feet minimum |
The minimum pavement width shall be twenty-seven feet from the edge of pavement to edge of pavement, not including the curb and gutter. Different widths may be used depending on the anticipated traffic volumes and parking demand. These widths of pavement shall be determined by the planning commission and the village's consulting engineer in consultation with the engineer for the subdivider. If a pavement width narrower than the above stated minimum results from this consultation, the subdivider shall install "No Parking" signs at his expense.
(E) Curb and Gutter.
(1) The standard curb and gutter required adjacent to flexible pavement shall be a mountable type constructed portland cement concrete with the following dimensions: twenty-four inches wide, eight inches thick on the front face (pavement side), ten inches thick on the back face, seven inches thick at center line (flow line), and a ten inch radius in the flow line. The curb and gutter adjacent to concrete pavement, if poured monolithically, may be limited to the thickness of the pavement.
(2) In subdivisions proposed to have streets with an anticipated daily traffic volume of two thousand five hundred or more, a barrier type curb and gutter similar to Type B6.18 as described in the state of Illinois, Department of Transportation Highway Standards shall be used. Other locations where a barrier type curb and gutter are required shall be determined by the engineer for the subdivision and the village's consulting engineer.
(F) Pavement Crown. The minimum crown used on all pavements shall be one quarter inch per foot measured from the edge of the pavement to the center line of the street.
(G) Cul-De-Sac Streets. Local streets that are also cul-de-sac streets shall be no more than six hundred feet long unless necessitated by topography in which case they shall be no longer than one thousand feet unless provision is made for an interim turnaround with a radius sufficient to accommodate emergency vehicles and/or a median entrance (see subsection I of this section). A turnaround shall be provided at the enclosed end having an outside roadway diameter of at least eighty-six feet edge-to-edge of pavement and a street right-of-way diameter of one hundred ten feet. No obstructions shall be permitted in the cul-de-sac turnaround.
(H) Stub Streets. Access shall be provided to adjoining property not yet subdivided. Proposed streets shall be extended by dedication to the boundary of such unsubdivided property. At the end of all temporary stub streets, a barricade meeting the provisions of the Illinois Manual on Uniform Traffic Control Devices shall be installed by the subdivider. Stub streets in excess of two hundred fifty feet shall be provided with a temporary cul-de-sac with an outside roadway diameter of at least ninety feet. The type of construction shall be determined by the village's consulting engineer. The subdivider shall dedicate a temporary easement to the appropriate street authority in the amount needed in excess of the normally required right-of-way for the temporary turnaround. When the street is extended in the future, the extra turnaround pavement shall be removed and curb and gutters and sidewalks constructed by the subdivider developing the adjacent property.
(I) Multiple Access. Any area of development containing seventy or more single-family lots (or equivalent population) shall be served by two functioning points of access. Where higher densities of development are proposed, a divided type entrance roadway may suffice with a median of adequate width to ensure continued emergency access lanes on one side. Depending on location and height of nearby poles or trees, the required median width shall range between twelve and thirty feet. This type of roadway construction is intended to accommodate higher density developments and not to lengthen the overall length of a cul-de-sac.
(J) Restriction of Access. When a subdivision or a portion of it adjoins a major or minor arterial, no lot shall have direct access to the arterial. The lot shall have adequate depth for screen planting on the portion of the lot contiguous to the major or minor arterial.
(K) Street Names and Street Signs.
(1) A proposed street that is in alignment with and/or joins an existing named street shall bear the name of the existing street. In no case shall the proposed name of a street duplicate the name of an existing street within the plat jurisdiction of this chapter. The use of the suffix "street," "avenue," "boulevard," "driveway," "place," "court" or similar description shall not be a distinction sufficient to constitute compliance with this requirement.
(2) Street names signs shall be erected at all intersections within the village's jurisdiction at the expense of the subdivider and shall be subject to the specifications of the Illinois Manual on Uniform Traffic Control Devices.
(L) Private Streets. There shall be no private streets platted in any subdivision. Every subdivision lot shall be served from a publicly dedicated street.
(M) Alleys. Alleys are not recommended in residential subdivisions unless deemed necessary by the planning commission.
(N) Ramps. Where sidewalks cross a barrier type curb and gutter as described in subsection (G) of this section, ramps shall be constructed to accommodate the handicapped. These ramps shall be constructed to IDOT standards. Inlets for storm drainage shall not be located so that a pedestrian way will be interrupted by the inlet grates. Other locations where these ramps are required shall be determined by the village's consulting engineer.
(O) Typical Street Section.
GRAPHIC UNAVAILABLE: Click here
(P) Medians and Islands. Where medians or islands are proposed they shall be constructed with barrier curbing. All medians and islands shall be the responsibility of the subdivider and/or a subdivision association to maintain. No sign may be installed in the median which blocks the sight distance at the intersection. If such a sign is to be installed, detailed plans for the sign shall be submitted with the construction plans for approval. In no case shall an island or median contain any other sign or structure except as may be placed for traffic control under the direction of the village's consulting engineer.
The subdivider or subdivision association may landscape medians or islands. Ground cover may not exceed a maximum height of twelve inches. Any additional living plant material must be maintained to allow visibility across, over or through medians and islands at a height of three to ten feet above the adjacent roadway pavements.
(Ord. 96-006, passed 2-5-96).
150.042 Lot and block design.
(A) Size of lots. Minimum lot sizes shall be the minimum for the applicable zoning district of Chatham or Sangamon County, except when a private sewage disposal system is necessary. When a private sewage disposal system will be used for any length of time, lots shall be a minimum of twenty thousand square feet.
(B) Lot Arrangement.
(1) Side lot lines shall be at right angles to straight street lines or substantially radial to curved street lines. However, for purposes of solar orientation, side lot lines need not be at right angles to straight street lines or radial to curved street lines provided that side lot lines run within twenty degrees east or west from due north to due south. If side lot lines are being varied for solar orientation, layout and building setbacks shall also be oriented with their long axis running from east to west, with a possible variation of twenty degrees to the southwest or twenty degrees to the southeast.
(2) Each lot shall front upon a public street.
(3) Flag lots shall be permitted only if the planning commission determines that no public health and safety problems or additional costs or difficulties providing municipal services will result.
(4) Through lots shall be permitted only when access is prohibited to one street as described in Section 150.041(J).
(5) All lots must contain sufficient buildable area.
(C) Sizes of Blocks. Blocks shall not be less than four hundred feet, nor more than twelve hundred feet, in length measured along the greatest dimension of the enclosed block area. In blocks over eight hundred feet in length, the planning commission may require one or more public crosswalks with a right-of-way of not less than ten feet in width to extend entirely across the block at locations deemed necessary at intervals not closer than four hundred feet.
(D) Survey Monuments. All survey monuments shall be located and be made of the appropriate material as required by state law.
(E) Lot Grading.
(1) Trees that cannot be saved, stumps, boulders and similar items shall be removed.
(2) All grading in the subdivision shall be related to the topography of the surrounding area. All street embankments shall be raised at least one and one-half feet above the high water elevation.
(3) All building lots shall be graded or have natural slopes that will properly allow surface drainage to flow away from the principal structures to be located on the lot.
(4) Grading in the subdivision shall provide alternate drainage ways for the purpose of carrying water away from homes and preventing damage during periods of heavy rainfall.
(Ord. 96-006, passed 2-5-96).
150.043 Erosion and sediment control.
(A) During construction of public improvements, measures shall be taken to control erosion and sedimentation to insure that sediment will not be transported from the site by a storm event of two-year frequency or less. The erosion and sediment control plan shall include measures to stabilize and protect disturbed areas, keep runoff velocities low, retain sediment on site and protect disturbed areas from runoff. The location, type and configuration of controls such as swales, berms, dams, sediment basins and release mechanisms shall be included with the construction plans.
(B) Temporary or permanent soil stabilization measures, whichever is applicable, shall be applied within fifteen days after final grading to all areas where the soil has been disturbed or the vegetative cover removed. Seeding mixtures and rates, types of sod, method of seed bed preparation, expected seeding dates, type and rate of lime and fertilizer application and kind and quantity of mulch for temporary or permanent vegetative control measures shall be included with the construction plans.
(C) An IEPA Stormwater permit shall be obtained by the subdivider as required by law.
(Ord. 96-006, passed 2-5-96).
150.044 Utility easements; Location of utilities.
(A) Utility Easements.
(1) Utility easements shall be provided along front, rear or side lot lines for the purpose of erecting and maintaining one or more of the following facilities: storm sewers, sanitary sewers, surface drainage, gas mains, underground electric lines, telephone lines, cable TV and such other utilities reasonably required for an urban structure.
(2) Easements shall be a minimum of fifteen feet in width. A utility may be located in the street right-of-way if the respective company so desires and appropriate permits have been obtained.
(3) Alternate locations for various utilities shall be decided upon by the appropriate utility companies, subject to the approval of the village's consulting engineer. In no case shall streets, permanent buildings, or other man-made improvements that obstruct surface drainage be placed on rear or side lot easements.
(4) It is the responsibility of the subdivider to notify all utility companies in writing when the land to be developed has been graded in accordance with the construction plans and is ready for installation of a given utility.
(B) Location of Utilities.
(1) Utilities (sewers, electric, water and gas), whenever possible, shall be located in the public right-of-way or front lot easement in the following manner: water and electric lines shall be located on the south and east sides; sanitary sewer and gas lines shall be located on the north and west sides. In some cases, however, electric lines may also be located on the north and west sides.
GRAPHIC UNAVAILABLE: Click here
(2) The placement of storm sewers or electric lines in the rear of a lot is not acceptable unless circumstances determined by the village's consulting engineer require their placement in the rear, in which case the following easement diagrams indicate placement:
(a) Ten-Foot Easements. When an easement will not include sanitary sewer or surface drainage systems, a ten-foot easement width shall be sufficient and the utilities shall be located as follows:
GRAPHIC UNAVAILABLE: Click here
(b) Fifteen-Foot Easements. When an easement will include either a sanitary sewer system or a surface drainage system, but not both systems, a fifteen-foot easement shall be required and the utilities shall be located as follows:
GRAPHIC UNAVAILABLE: Click here
(c) Twenty-Foot Easements. When a utility easement will include both a sanitary sewer system and a surface drainage system, a twenty-foot easement shall be required and the utilities shall be located as follows:
GRAPHIC UNAVAILABLE: Click here
When sanitary or storm sewers are located in the rear of a lot, a ten-foot easement in the side yard shall be required from the street right-of-way to each manhole or inlet.
(Ord. 96-006, passed 2-5-96).
150.045 Surface water drainage.
(A) All subdivisions shall be developed with adequate surface drainage. Surface water drainage improvements shall consist of storm sewers and/or open channels, inlets, catch basins, and manholes designed and constructed to conform with standards established by the village's consulting engineer and shall adequately drain the area being developed, including drainage from other areas which naturally drain through the areas being developed. Inlets and/or catch basins shall be spaced so that water will not flow overland more than five hundred feet and shall be located so that in no case will water be required to flow across a street. Water shall not be retained outside the center ten feet of drainage– utility easement. Inlets covered by a metal grate shall have a grate of a type that will not be hazardous to a bicyclist.
(B) If, as the result of subdivision development, surface water is deposited in existing roadside ditches in quantities exceeding their capacity, the developer shall improve the ditches and replace culverts as needed to handle the flow.
(C) Unless engineering evidence is presented to the village's consulting engineer warranting exceptions, storm sewers which will drain twenty acres or less for residential development shall be designed and constructed to meet the following criteria:
Major and minor arterials– ten-year storm frequency; All other areas– five-year storm frequency.
(D) It shall be the responsibility of the subdivider to provide grade control for rear lot drainage to each lot owner. Swales are not public works which shall be dedicated to and accepted by the village; nevertheless, no construction surety shall be fully released until the village's consulting engineer has approved the swales in the subdivision. The village's consulting engineer will not approve any swale until adequate turf and/or grass has been established at the elevations set forth in the construction plans. Upon approval by the village's consulting engineer, it shall be the lot owner's responsibility to maintain the drainage course and to keep it free from features that restrict natural drainage. All swales less than one percent in grade shall have either of the following: (1) An eight-inch minimum underdrain pipe that allows water seepage as indicated on the drawing entitled "Detail of Yard Under-drain" set out at the end of this chapter as Appendix A-2; or (2) a portland cement concrete swale, five inches thick, as indicated on the drawing entitled "Paved Ditch Detail" set out at the end of this chapter as Appendix A-3.
End sections shall employ a grated cover to keep animals or children from trying to enter the system.
(E) The controlled release and storage of excess stormwater runoff shall be required in combination for all of the areas indicated on the preliminary plan.
(1) The controlled release of stormwater runoff shall not exceed the release or discharge rate which existed at the site prior to development. This rate shall be known as the predeveloped discharge rate. In the case of multiple discharge locations, no location shall discharge at a rate higher than the predeveloped discharge rate for that location under any set of conditions. The controlled release rate in any case shall not exceed the rated capacity of the existing natural downstream outlet channel or storm sewer system as determined by the village's consulting engineer. The rate at which stormwater runoff is transported into a designated storage area may be as determined by the design engineer and is unrestricted.
(2) A natural or surface channel system shall be designed with adequate capacity to convey the stormwater runoff from all tributary upstream areas through the development. This bypass channel shall be designed to carry the peak rate of runoff from a fifty-year storm assuming all storm sewers are blocked and that the upstream areas are fully developed and have been saturated with antecedent rainfall. No habitable structures shall be constructed within this channel, however, streets and parking or playground areas and utility easements shall be considered compatible primary uses.
(3) Stormwater runoff capacity of detention facilities and discharge rates from such facilities shall be calculated by analyzing volume and rate of runoff during pre- and post-development conditions for the ten-year and the one-hundred-year recurrence intervals.
Storage capacity and discharge rates shall be based on the maximum calculated volume and peak flow of stormwaters, respectively.
Storage facilities shall be designed using the Soil Conservation Service (SCS) method of calculating runoff discharge rate and total volume of storage. The rational method of calculating runoff may be used for subdivisions less than twenty acres.
The storage volume shall be provided for the fully developed watershed that is tributary to the area designated for detention purposes. The control structure for discharge shall maintain the release rate at or below the rate established in subsection (E)(1) of this section for all rainfall events of one-hundred year or less frequency.
(4) Detention reservoirs or any bottom stormwater storage areas shall be designed to serve a secondary purpose for recreation, open space or other types of uses that will not be adversely affected by occasional or intermittent flooding. A method of carrying the low flow through these areas shall be provided in addition to a system of drains, and both shall be provided with a positive gravity outlet to a natural channel or other storm sewer facility with adequate capacity. The combination of storage of the water from a one-hundred-year storm and the design release rate shall not result in a storage duration in excess of seventy-two hours. Maximum depths of planned stormwater storage shall not exceed four feet unless the existing natural ground contours and other conditions lend themselves to greater storage depth, which shall be approved by the village's consulting engineer. Minimum grades for turf areas shall be 0.6 percent and maximum slopes shall be ten percent. Storage area side slopes shall be kept as close to the natural land contours as practical and a ten percent slope or less shall be used whenever possible. If slopes greater than ten percent are necessary to meet storage requirements or area restrictions, approval shall be obtained from the village's consulting engineer, and suitable erosion control shall be provided in addition to the protection required to insure public health and safety.
Outlet control structures shall be designed as simply as possible and shall require little or no maintenance and/or attention for proper operation. Each stormwater storage area shall be provided with a method of emergency overflow in the event that a storm in excess of the one-hundred-year return frequency storm occurs. The emergency overflow facility shall be designed to function without maintenance and/or attention and shall become part of the natural or surface channel system described in subsection (E)(2) of this section. Hydraulic calculations shall be submitted to substantiate all design features. Both outlet control structures and emergency overflow facilities shall be designed and constructed to fully protect the public health and safety. Stormwater runoff velocities shall be kept to a minimum and turbulent conditions at an outfall control structure will not be permitted without complete protection for the public safety. The use of restrictive fences shall be kept to a minimum and shall be used only as a last resort when no other method is feasible.
(5) Retention reservoir or wet bottom stormwater storage areas shall be designed with all of the items required for detention reservoir storage areas except that a low flow conduit and a system of drains with a positive gravity outlet shall not be required. However, the following additional conditions shall be complied with:
(a) Water surface area shall not exceed one-tenth of the tributary drainage area.
(b) Shoreline protection shall be provided to prevent erosion from wave action.
(c) Minimum normal water depth shall be four feet. If fish are to be used to keep the pond clean, a minimum of one-fourth of the pond area shall be a minimum of ten feet deep.
(d) Facilities shall be available, if possible, to allow the pond level to be lowered by gravity flow for cleaning purposes and shoreline maintenance.
(e) Control structures for stormwater release shall be designed to operate at full capacity with only a minor increase in the water surface water level. Hydraulic calculations shall be submitted to substantiate all design features.
(f) Aeration facilities to prevent pond stagnation shall be provided, if necessary. Design calculations to substantiate the effectiveness of these aeration facilities shall be submitted with construction plans. Agreement for the perpetual operation and maintenance of aeration facilities shall be prepared to the satisfaction of the village's consulting engineer and planning commission.
(6) Where developments form only a portion of the watershed or contain portions of several watersheds, the requirements for providing storage shall be based upon that proportion of the area being developed as compared to the total watershed tributary to the storage area. Compensating storage will be acceptable whenever it is justified and feasible. As a watershed is developed with a series of stormwater storage facilities, due consideration will be given for calculations of the allowable release rate and capacity of the natural or surface channel system as described in Section 150.045(E)(2).
(7) Where development of a property presents the threat of flooding or damage by flash flood runoff to downstream residents, the facilities for stormwater runoff control shall be constructed prior to any earthmoving or drainage construction on the project site.
(8) The construction of the stormwater control systems shall be accomplished as part of the cost of land development. If the amount of storage capacity can be increased to provide certain benefits to the surrounding properties, negotiations for public participation in the cost of such development may be feasible.
(9) The ability to retain and maximize the groundwater recharge capacity of the area being developed is encouraged. Design of the stormwater runoff control system as provided in Section 150.045(E)(4) shall give due consideration to providing groundwater recharge to compensate for the reduction in the percolation that occurs when the ground surface is paved and/or roofed over. The use of natural gravel deposits for the lower portions of storm runoff storage areas, the flattening of drainage slopes and the retention of existing topography are samples of possible recharge methods.
(10) During the construction phase of land development, facilities shall be provided by appropriate stockpile design, to prevent the erosion and washing away of the earth. Silting of downstream areas shall be prevented through the strategic use of silting basins, sodding of runoff channels, and by limiting the period of time during which the earth is stripped of vegetation.
(11) Final engineering plans shall show complete details for all items covered in this section. Plans, specifications and all calculations for stormwater runoff control and storm sewers shall be submitted for review and approval as part of the construction plan submittal or as part of the site plan submittal for large scale developments.
(Ord. 96-006, passed 2-5-96).
150.046 Backfill over underground utilities.
(A) Where an underground utility is to be placed in an area which has a permanent type street or sidewalk surface, or upon which such a surface is to be constructed within a period of one year, the backfill above the utility or in case of sewers, above the top of the granular cradle, to the level of the bottom of the permanent type pavement shall be made. This material will be in all areas where utility trenches cross the pavement subgrade except in areas which will be lime treated or areas where rock will be used to stabilize the subgrade. The backfill shall be IDOT CA-6 or CA-7 crushed stone. Boiler slag will not be permitted.
(B) As an alternate, the use of "flowable fill" will be permitted. This mix shall consist of a lean concrete mix with no less than fifty pounds of cement per cubic yard, two hundred to six hundred pounds of fly ash, two thousand to three thousand pounds of fine aggregate and thirty-five to sixty-five gallons of water. Minimum twenty-eight-day compressive strength shall not be less than one hundred fifty psi.
(C) In areas not now subject to vehicular traffic, nor in the opinion of the village's consulting engineer likely to be within a period of one year, backfill may be made with selected excavation material which is free from clods and stones, provided such trench backfill is adequately jetted from the bottom up completely filling the trench immediately after backfilling.
(Ord. 96-006, passed 2-5-96).
150.047 Sidewalks.
Concrete sidewalks at least four feet wide and four inches thick shall be constructed on both sides of each street at least four and one-half feet from and at least four inches above the backs of the curbs. Sidewalks shall be located one foot inside the street right-of-way. Sidewalks shall be constructed along all streets bordering the subdivision. All sidewalks along arterials and minor arterials shall be five feet wide. All walks at corner lots shall be extended out to gutter(s) either by a common extension at the center or continue at right angles to the gutter.
(Ord. 96-006, passed 2-5-96).
150.048 Sewage disposal.
(A) Sanitary Sewers. When a subdivision is located within the service area of a public sanitary sewerage system, sanitary sewers shall be constructed throughout the entire subdivision in such a manner as to serve adequately each building lot.
(1) Public sanitary sewers shall be located in the north or west boulevard (between curb and sidewalk) within the street right-of-way or in a fifteen-foot easement behind the sidewalk within the house setback area. Parallel sewer lines along the street may be used. Sanitary sewers shall not be located in the rear yard.
(2) Under no circumstance shall the entrance of stormwater or groundwater to the sanitary sewers be permitted.
(3) All sanitary sewer collections and disposal systems shall comply with the ordinances of the Village of Riverton and the requirements of the Illinois Environmental Protection Agency.
Acceptable sanitary pipe materials shall be acceptable to the village consulting engineer and shall consist of:
(1) PVC composite sewer pipe conforming to ASTM D 2680 with solvent weld or gasketed joints; or
(2) Polyvinyl chloride (PVC) sewer pipe conforming to ASTM D 3034, type PSM for sizes four inches to fifteen inches and ASTM F-679 for sizes eighteen inches to twenty-seven inches. Minimum acceptable SDR shall be 35; or
(3) PVC corrugated sewer pipe with a smooth interior. This pipe shall conform to the requirements of ASTM Standard F-794 and Uni-bell Uni-P-9. Pipe shall be made of PVC material having a cell classification of 124-54-B as defined in ASTM D 1784. Pipe stiffness at five percent deflection shall be 46 psi for all sizes (eight inches to thirty inches) when tested in accordance with ASTM 2412. PVC pipe meeting ASTM F-942 is not acceptable.
NOTE: All sanitary laterals will be marked by using a two-inch by four-inch (painted orange) board four feet above the ground to denote location of service lines.
(B) Private Sewage Disposal Systems. Where no public sanitary sewerage system is available (see Section 150.010(A)(1)), individual sanitary disposal systems shall be installed to service individual dwelling units according to conditions set forth in Section 150.010. These sanitary disposal systems shall be installed in accordance with the latest revised edition of the Illinois Private Sewage Disposal Licensing Act and private sewage disposal code promulgated by the Illinois Department of Public Health and the applicable ordinance of the Village of Riverton. Sufficient area shall be provided to accommodate two seepage fields.
(Ord. 96-006, passed 2-5-96).
150.049 Water supply.
(A) Public Water Supply.
(1) Water mains not less than six inches in diameter shall be constructed throughout the entire subdivision. Larger diameter pipes may be required by the village to provide for future transmission needs, in which case, the village shall pay any additional costs.
(2) Every water supply system shall be designed in such a manner as to provide an area fire flow meeting the requirements established by the Riverton fire protection district. Water mains larger than six inches in diameter shall be installed at the subdivider's expense if needed to provide the area fire flow required by the insurance services office guild for determination of required fire flow. A minimum of one thousand gallons per minute with a residual pressure of twenty pounds per square inch shall be required. Fire hydrants with shut-off valves at each hydrant shall be installed throughout the entire system at maximum intervals of four hundred feet or less. All fire hydrants shall be three nozzle hydrants with threads as specified by the Riverton fire protection district and shall have flow characteristics similar to those of a five and a quarter inch hydrant valve.
(B) Private Water Supply. When a public water supply is not feasible and the subdivision is outside the corporate limits of Riverton, a private well may be used. Wells shall be constructed according to the Illinois Water Well Pump Installation Code.
(Ord. 96-006, passed 2-5-96).
150.050 Electric distribution.
The underground electric distribution system shall be installed on utility easements along front lot lines. Transformers shall normally be placed on every other lot line with secondary conductors and distribution pedestals installed on the opposite side of the street. In some instances, transformers may be installed on both sides of the street. All primary and secondary cables shall be in conduit.
(Ord. 96-006, passed 2-5-96).
150.051 Street lighting.
Street lights shall be installed along public streets in the village by the subdivider.
(Ord. 96-006, passed 2-5-96).
150.052 Public areas and open space.
(A) Due consideration shall be given to the allocation of areas suitably located and of adequate size for playgrounds and parks for local or neighborhood use as well as public service areas.
(B) When a proposed school, neighborhood park, electric substation, water storage tank, recreation area, or public access to water frontage shown in the official plan, if adopted, is located in whole or part in a proposed subdivision, the village board may require, as a condition of final plat approval, that such space within the subdivision be reserved and not developed for a period not to exceed one year from the date of such final plat approval. Within the one-year period, the appropriate public agency may acquire the reserved property in the manner provided by law. If the reserved site is not acquired and no legal action is filed within the one-year period, the reservation shall become void and the site previously reserved may then be used for other purposes.
(Ord. 96-006, passed 2-5-96).
ARTICLE VIII. 150.053 Purpose.
(A) A minor subdivision is the creation of a total of up to four lots (counting the original tract from which the lots are created) which front along a public road.
(B) The minor subdivision is designed to allow the sale of said lots without the delay and expense of the conventional subdivision process.
(Ord. 96-006, passed 2-5-96).
150.054 Location map.
(A) Location Map Submission Requirements. The location map shall consist of data added to an existing base map of a suitable scale covering an area of at least a one-mile radius from the tract proposed for development. The location map shall show the following information:
(1) Title of proposed subdivision;
(2) North point, scale and date;
(3) Names, addresses and phone numbers of the owner, subdivider, engineer and registered land surveyor with the name and address of the contact person to whom any notice is to be sent;
(4) Outline of the entire area owned or controlled by the subdivider with approximate boundary dimensions and total acreage;
(5) Existing streets and roads expected to serve the area to be subdivided;
(6) Existing utility lines expected to serve the area to be subdivided;
(7) Existing and proposed zoning;
(8) Method of sewage disposal;
(9) Method of water supply;
(10) Electric service provider;
(11) Fire protection district;
(12) School district.
(B) Location Map Review Process.
(1) The subdivider shall submit ten prints of the location map to the zoning administrator according to the filing deadline and review schedule established by the planning commission.
(2) The zoning administrator shall retain one print and distribute the remainder as follows:
Two prints to the planning commission;
One print to the superintendent of public works;
One print to the village's consulting engineer;
One print to the village clerk;
One print to the Riverton fire protection district;
One print to the Sangamon County superintendent of highways or IDOT, if applicable;
One print to the appropriate township highway commissioner, if applicable;
One print to the Sangamon County Soil and Water Conservation District; and
One print to the appropriate school district.
(3) The entities listed in subsection (B)(2) of this section shall transmit their comments on suitability of the site in writing to the planning commission within one week of receipt.
(4) The planning commission shall review the suitability of the site based on comments received and the suitability criteria outlined in Section 150.010. The planning commission shall either approve or disapprove the location map based on the suitability of the site within thirty days after the plan was filed. If the location map is disapproved, the owners shall be informed in writing of the noncompliance found. The commission's decision may be appealed to the village board as described in Section 150.074.
MINOR SUBDIVISION
| By: | ____ Chairman |
| Dated: | ____ Riverton Planning Commission |
(D) The planning commission shall transmit the endorsed original plat and two prints to the zoning administrator for immediate reference to the village board. One print of the endorsed minor subdivision plat shall remain on file in the planning commission office.
(Ord. 96-006, passed 2-5-96).
150.057 Submission of minor subdivision plat to the village board.
(A) Upon receipt of the endorsed original minor subdivision plat and two prints, the zoning administrator shall retain one print on file and shall deliver one print to the village's consulting engineer.
(B) The zoning administrator shall deliver the original minor subdivision plat to the village board at its next regular session after receiving the documents from the planning commission.
(C) The minor subdivision plat shall remain pending on the agenda of the village board and shall not be approved by the village board until the following have been received:
(1) Written certification from the village's consulting engineer that the plat has been reviewed and any required public improvements have been approved as described in Section 150.030 or, in lieu of construction, a security has been provided as described in Section 150.027;
(2) A certificate provided by the subdivider from the Sangamon County clerk indicating that payment of taxes is not delinquent.
(D) If the requirements of this section have not been met within two years from planning commission approval, the existing approvals and recommendations shall expire and the plat must be resubmitted and reviewed as a new minor subdivision.
(Ord. 96-006, passed 2-5-96).
150.058 Village board approval.
When the requirements of Section 150.057 have been met, the village board may by resolution approve the minor subdivision plat and authorize the village president to sign the plat for and in the name of the Village of Riverton, with the village clerk attesting to it. The village clerk shall retain one print on file.
(Ord. 96-006, passed 2-5-96).
150.059 Recording the minor subdivision plat.
(A) When the minor subdivision plat has been approved by the village board and signed by the village president and village clerk, the original tracing shall be recorded by the subdivider in the office of the recorder of deeds of Sangamon County, Illinois.
(B) If the minor subdivision plat is not recorded within two years after approval by the village board, the plat must be resubmitted to the planning commission to determine if any changes in the plat are needed to meet the requirements of this chapter. No title to any lots shall be conveyed until the original tracing is recorded.
(Ord. 96-006, passed 2-5-96).
150.060 Limitations on minor subdivision.
Only one minor subdivision shall be allowed for any parcel of record existing December 18, 1973. If three lots have been created from a parcel of record after said date, all additional divisions at a later time shall follow conventional subdividing procedures.
(Ord. 96-006, passed 2-5-96).
ARTICLE IX. 150.061 Purpose.
The large scale development site plan is intended to provide a detailed layout of buildings, utilities, other improvements and construction details to insure that village public health and safety standards and subdivision and zoning requirements are met.
The permitted uses and densities and other requirements of the site's existing zoning district shall be met. However, yard and other bulk requirements can be varied within the site if more than one building is proposed.
LARGE SCALE DEVELOPMENTS
| Front yard: | 30 feet |
| Side yard: | 20 feet each |
| Rear yard: | 20 feet |
(2) For all commercial and industrial districts:
| Front yard: | 20 feet |
| Side yard: | 15 feet each |
| Rear yard: | 15 feet |
Yard area shall be open area and not be used for parking.
When a commercial or industrial development abuts or adjoins a residential district on a side or rear yard, an additional ten feet shall be required for each yard that abuts or adjoins a residential district. The proposed commercial or industrial development shall be screened on each side abutting or adjoining a residential district by a wall, opaque fence or densely planted compact hedge not less than five feet in height.
For all developments the front yard shall be that area fronting a public street and which contains the main entrance to the main building or development. Only one front yard shall be required for each development.
(B) Pavement Widths. Streets and drives within the development shall be of sufficient width to accommodate unimpeded movement of fire vehicles. Pavement width shall vary depending upon parking along the street and direction of vehicle movement.
(C) Sidewalks. Sidewalks shall provide pedestrian movement within the development and to existing public streets or sidewalks. Sidewalks shall also be constructed along streets adjoining the development. Sidewalks shall be a minimum of four feet wide, four inches thick and be constructed of portland cement concrete.
| By:____ | |
| Date:____ |
The prints so endorsed shall be forwarded by the zoning administrator to the village board for further disposition, along with minutes of the meeting at which the plans were approved.
(B) Recommendation of Disapproval. If the planning commission does not make the findings in subsection (A) of this section, it shall inform the developer of its findings in writing and state the noncompliance found, and shall endorse three copies of the site plan with its recommendation of disapproval, and shall forward the plans to the village board for further disposition, along with minutes of the meeting at which the plans were disapproved.
If the developer desires to amend the disapproved large scale plans prior to consideration by the village board, the developer shall submit twelve prints of the amended plan to the zoning administrator, which shall be reviewed according to the filing deadline and review schedule established by the planning commission. No filing fee shall be necessary. The zoning administrator shall transmit copies of the amended plan as described in Section 150.064 and review will proceed as indicated in said section.
(Ord. 96-006, passed 2-5-96).
150.066 Review by the village board.
The large scale development plans shall be reviewed by the village board as soon as practicable after review by the planning commission. The developer may appear and be heard at the village board meeting at which the large scale development plan is considered. The village board shall approve or disapprove the plan by ordinance or resolution; and the president shall endorse the large scale development plan in the same manner as prescribed herein for subdivision preliminary plans. Approved plans shall expire, if not completed in the same manner as set forth herein for final subdivision plats.
(Ord. 96-006, passed 2-5-96).
150.067 Construction plans.
The developer shall submit construction plans for private drives, streets, sidewalks, grading, drainage and utilities to the village's consulting engineer for review in the same manner and for the same review and inspection fees as prescribed herein for subdivision plats.
(Ord. 96-006, passed 2-5-96).
150.068 Construction and securities.
No building permits shall be issued for any structure or mobile homes unless the large scale development plan has been approved by the village board and construction work either has been installed according to the approved construction plans or a security provided in the same manner as set forth in this chapter for final plats of subdivision. Security for completion of private drives, streets, grading and drainage shall not be required for purely residential developments containing less than eight living units. However, utilities and other facilities serving a public function must be built or security provided.
(Ord. 96-006, passed 2-5-96).
ARTICLE X. 150.069 Purpose.
(A) Tract survey approval shall be required as set forth in Section 150.005.
(B) Tract survey approval is designed to insure that all divisions of land comply with the State Plats Act, this chapter and the appropriate zoning ordinances.
(Ord. 96-006, passed 2-5-96).
150.070 Submission requirements.
When a tract survey is required by this chapter, the following shall be submitted:
(A) Land survey;
(B) Certification by a professional Illinois Land Surveyor, together with the surveyor's seal, attesting to the accuracy of the survey.
TRACT SURVEY
| County of Sangamon | ) |
| ) SS. | |
| State of Illinois | ) |
| I, Sangamon County Plats Officer, do hereby approve this tract survey this ________ day of ________, 19________. | |
| ____ | |
| Sangamon County Plats Officer | |
(C) The plats officer shall keep one copy and transmit four copies of the approved tract survey to the owner for recording.
(Ord. 96-006, passed 2-5-96).
150.072 Recording the tract survey.
After the tract survey has been approved, the original shall be recorded in the office of the recorder of deeds of Sangamon County, Illinois. If the tract survey is not recorded within one hundred eighty days of plats officer approval, the approval shall be null and void.
(Ord. 96-006, passed 2-5-96).
ARTICLE XI. 150.073 Variance of subdivision requirements.
(A) A subdivider may retest a variance of the retirements of this chapter. Application for a variance shall be made in writing and submitted with the location and sketch maps unless the need is not then evident. Variance applications shall clearly state the provisions to be varied and the reasons why the variance is needed. In all cases, variance requests shall be made no later than the time the preliminary plan is reviewed by the planning commission.
(B) If, as a result of changes imposed by the planning commission at its preliminary plan review meeting, the subdivider desires a variance, it may be retested orally at that meeting.
(C) The planning commission shall recommend approval or disapproval of the requested variance by the village board. Along with its recommendation the planning commission shall transmit findings to the village board as to whether the retested variance complies with the following requirements:
(1) The intent of this chapter is maintained;
(2) Extraordinary circumstances of topography, land ownership, adjacent development or other circumstances not provided for in the chapter exist;
(3) The extraordinary circumstances will result in a hardship, not merely an inconvenience;
(4) The circumstances upon which the request for variance is based are not common to most other tracts of land;
(5) The circumstances upon which the request for variance is based are not the result of the subdivider's affirmative act or failure to act; and
(6) The purpose of a variation is not based exclusively on the desire to eliminate development costs at the expense of the public improvement standards as outlined in this chapter.
(D) When the village board considers the preliminary plan it shall consider the requested variance. The village board may, if it finds that the requirements of subsection (C) of this section are met, approve the plan with the requested variation; or it may require conditions to the variation if it believes the conditions are in the public interest; or it may in its discretion deny the variation and insist on the literal application of this chapter.
(Ord. 96-006, passed 2-5-96).
150.074 Review of adverse commission decision.
If a minor subdivision location map is disapproved by the planning commission, the subdivider may file a petition within thirty days of the planning commission's decision with the village clerk asking for review of the commission's decision by the village board. The petition shall point out those parts of the commission's decision to which the subdivider objects. A public hearing shall be conducted by the village board after a one week's notice has been mailed by the village clerk to the subdivider. During the hearing, the village board shall review the sufficiency or the propriety of the plan in light of the planning commission's decision. Upon conclusion of the hearing, the village board may affirm or modify the decision of the planning commission or approve the location map or site plan.
VARIATIONS; REVIEW OF ADVERSE DECISION PENALTY; EFFECTIVE DATE; PUBLICATION
| ____ | |
| Authorized Signature |
SUBSCRIBED AND ACKNOWLEDGED before me this ________ day of ________, 19________
| ____ | |
| Notary Public |
APPENDIX A-2
GRAPHIC UNAVAILABLE: Click here
APPENDIX A-3
GRAPHIC UNAVAILABLE: Click here
APPENDIX A-4
GRAPHIC UNAVAILABLE: Click here
Chapter 151
ZONING CODE
Sections:
151.001 Short title.
151.002 Purpose.
151.003 Definitions.
General Regulations
151.005 Establishment of districts.
151.006 Boundaries of districts.
151.007 Application of regulations.
151.008 Continuance of nonconforming uses.
151.009 Off-street parking.
151.010 Off-street loading.
151.011 Obstructions of vision at intersections prohibited.
151.012 Easements for utilities.
Agricultural District (AG)
151.015 Preamble.
151.016 Uses permitted.
151.017 Special uses.
151.018 Required lot area and lot width.
151.019 Height regulation.
151.020 Required yards.
151.021 Off-street parking.
Residential Districts (R-1, R-2 and R-3)
151.025 Preamble.
151.026 Uses permitted in R-1 district.
151.027 Uses permitted in R-2 district.
151.027(a) Uses permitted in R-3 district.
151.028 Special uses in R-1, R-2 and R-3 districts.
151.029 Required lot area and lot widths in residential districts.
151.030 Building height regulation.
151.031 Yards required.
151.032 Off-street parking.
Commercial Districts (C-1 and C-2)
151.035 Preamble; purpose.
151.036 Uses permitted in C-1 district.
151.037 Uses permitted in C-2 district.
151.037A Special uses in C-2 district.
151.038 Required lot area and lot width.
151.039 Building height regulation.
151.040 Yards required.
151.041 Off-street parking and loading.
Industrial Districts (I-1 and I-2)
151.045 Preamble; purpose.
151.046 Uses permitted in I-1 district.
151.047 Uses permitted in I-2 district.
151.048 Required lot area and lot width.
151.049 Building height regulation.
151.050 Yards required.
151.051 Off-street parking and loading.
Exceptions and Modification
151.055 Lot of record.
151.056 Exceptions to yard requirements.
151.057 Exceptions to height limits.
Administration
151.060 Zoning certificates.
151.061 Duties of the zoning administrator.
151.062 Planning commission.
151.063 Planning commission procedures and rules.
151.064 Procedures for zoning amendments.
151.065 Procedures for initial zoning pursuant to annexation agreement.
151.066 Special uses.
151.067 Zoning board of appeals.
151.068 Procedures of the zoning board of appeals.
151.069 Appeals procedures.
151.070 Variations.
151.071 Fees for variances, appeals and amendments.
151.072 Violation, penalty and enforcement.
151.073 Nuisances.
151.001 Short title.
An ordinance to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified uses, hereafter erected or altered within the corporate limits of the village, and all property located within an area of one and one-half miles of such corporate limits, in all directions; to regulate and determine the area of yards, courts and other open spaces within the surrounding of such buildings; to regulate and limit of intensity of the use of lot areas; to establish the boundaries of districts for the said purposes within such corporate limits and one and one-half miles beyond the corporate limits of the said village in all directions, and prescribing penalties for the violation of its provisions.
(Ord. 176A, passed 2-6-68).
151.002 Purpose.
Be it ordained by the president and board of trustees of the village, That:
Whereas, the village board has determined and deems it necessary to provide adequate light, air, safety from fire, and other danger, to conserve the value of land and buildings throughout the village and an area of one and one-half miles beyond the corporate limits of the village, in all directions, and to promote the public health, safety, comfort, morals and welfare. The objectives of this zoning ordinance are as follows:
(A) To establish, regulate and limit the building, or set-back lines on or along any street, traffic-way, drive or parkway.
(B) To regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential and other uses.
(C) To regulate and limit the intensity of the use of lot areas and to regulate and determine the area of open spaces, within and surrounding such buildings.
(D) To divide the village and an area of one and one-half miles beyond the corporate limits of said village in all directions into districts of such number, shape, area, and of such different classes according to the use of land and buildings, intensity of the use of lot areas, area of open spaces, or other classifications as may be deemed best suited to carry out the purposes of this chapter.
(E) To prohibit uses, buildings or structures incompatible with the character of such districts.
(F) To prevent additions to and alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed under this chapter.
| AG district | Agricultural |
| R-1 district | Single-family residential |
| R-2 district | Single- and two-family residential |
| R-3 district | Single-, two- and multifamily residential |
| C-1 district | General retail |
| C-2 district | Service retail |
| I-1 district | Light industrial |
| I-2 district | Heavy industrial |
(Ord. 176A, passed 2-6-68; Amending Ord. 93-038, passed 11-12-93).
151.006 Boundaries of districts.
Unless otherwise indicated on the zoning districts maps, the boundary lines of the districts follow lot lines, centerlines of streets,alleys or railroad rights-of-way, or such centeriines, extended, centerlines of creeks or the corporate limit line as existing at the time of adoption of this chapter.
(Ord. 176A, passed 2-6-68).
151.7 Application of regulations.
No building or land shall hereafter be used and no building or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations for the district in which it is located.
(A) Zoning of annexed areas. All territory which may hereafter be annexed to the village shall from time of annexation be considered as being in the R-l district until and unless otherwise designated by zoning ordinance amendment as specified in the procedure in Sections 151.070 to 151.072, inclusive.
(Ord. 176A, passed 2-6-68; Amending Ord. 96-036, passed 12-2-96).
151.8 Continuance of nonconforming uses.
Any lawful use of land or structure existing on February 6th, 1968, or any two-family dwelling use of land or structure in an R-l zone existing on October 1st, 1993, or any other lawful use of land or st ructure existing as of the date of any other amendment to this chapter but rendered unlawful by such amendment, may be continued with the following limitations:
(A) Nonconforming use not to expand. Any structure containing a nonconforming use may not be expanded or substantially remodeled. The board of appeals may approve any remodeling and incidental repairs which do not tend to prolong the life of the nonconforming use.
(B) Nonconforming use to rebuild. Any structure containing a nonconforming use, which has been damaged to any extent, may be repaired or reconstructed in conformity with this chapter.
(C) No nonconforming use shall be reestablished after having been intentionally discontinued. Vacating of premises or building or nonoperative status shall be evidence of a discontinued use.
(D) Nonconforming uses not to be substituted. No nonconforming use may be substituted for any other nonconforming use. No nonconforming use may be substituted for a conforming use.
(Ord. 176A, passed 2-6-68; Amending Ord. 74-012, passed 7-2-74; Amending Ord. 93-038, passed 11-12-93). Penalty, see Section 151.062.
151.009 Off-street parking.
(A) Hard-surfaced off-street automobile parking shall be provided on any lot on which any of the following uses are hereafter established; such space shall be provided with vehicular access to a street or alley, except the parking and loading space requirements of this section shall not apply to the general retail district (C-1); provided that parking and loading facilities, if voluntarily established, shall comply with the minimum standards and specifications of this section. For purposes of computing gross off-street parking area required, the ratio of 250 square feet per parking space shall be used. Following are minimum requirements for specific uses:
(1) Dwelling-one space for each dwelling unit.
(2) Boarding and rooming houses-one space for each two rooms occupied by boarders or roomers.
(3) Tourist accommodations-one space for each room offered for tourist accommodations.
(4) Hospitals and other institutions for care and treatment-one space for each four beds, plus one space for each staff and visiting doctor, plus one space for each three employees.
(5) Theater, auditorium, including school auditorium, church, or other place of public assembly-one space for each 8 seats available at maximum capacity.
(6) Wholesale, storage, and manufacturing establishments-one space for each five employees.
(7) Retail establishments-one space for each four hundred square feet of gross floor area.
(8) Office uses-one space for each three hundred square feet of gross floor area.
(B) If off-street parking space for non-residential uses as required above cannot be provided on the same lot on which the principal use is conducted, the zoning enforcing officer may permit such space to be provided if such space is within two hundred feet of any entrance to such principal use. Such off-street parking space shall thereafter be deemed to be required open space associated with this permitted use and shall not be reduced nor encroached upon in any manner.
(Ord. 176A, passed 2-6-68) Penalty, see Section 151.062.
151.010 Off-street loading.
Every building or structure used for other than residential uses and constructed after the adoption of this chapter shall provide adequate space for loading and unloading of vehicles off the street or alley.
(Ord. 176A, passed 2-6-68) Penalty, see Section 151.062.
151.011 Obstructions to vision at intersections prohibited.
On any corner lot in all districts, except the C-1 general retail district, no fence, structure or planting which interferes with traffic visibility across the corner shall be erected or maintained within thirty-five feet of the point of intersection of the right-of-way lines extended.
(Ord. 176A, passed 2-6-68) Penalty, see Section 151.062.
151.012 Easements for utilities.
(A) No permanent structures, fences, nor any permanent planting of shrubberies nor trees shall be placed on the easements for utilities on any lot, site or other premises within the village.
(B) Should any such permanent structures, fences, shrubberies or trees be placed on the easements for utilities of the village, the village may, by injunctive action, cause them to be removed at the owner's expense, and impose the penalties set forth in Section 151.062 of the village code of ordinances on the owner of the premises.
(Ord. 84-010, passed 6-19-84).
151.015 Preamble.
The purpose of the agricultural district is to encourage the preservation of proper setting for and pleasant approaches to the village; to provide an area for agricultural pursuits protected from infringements of unguided urban development; to create and preserve a setting for rural small estate residential development; to conserve areas physically unsuitable for intensive development; and to provide in the area immediately surrounding the village, an environment capable of accommodating future expansion of the village in an orderly and efficient manner.
(Ord. 176A, passed 2-6-68).
151.016 Uses permitted.
(A) Agricultural uses, commercial grain storage.
(B) One- and two-family residential dwellings accessory to bona fide agricultural uses, home occupations.
(C) Community buildings, utility and service system buildings and lands including but not limited to wastewater treatment facilities and related works, libraries and museums, picnic grounds, religious, educational or charitable institutions.
(D) Unlighted signs notifying the sale, rental or lease or land or sale or farm goods on the premises on which the sign is maintained having not over fifty square feet of sign area; signs announcing meeting time and place of civic organizations.
(Ord. 176A, passed 2-6-68; Amending Ord. 93-004, passed 4-14-93) Penalty, see Section 151.062.
151.017 Special uses.
The following uses are permitted as special uses when authorized by the president and board of trustees after a public hearing and recommendation by the board of appeals.
Such special use shall be subject to the following requirements and any other requirements of the board of appeals feels necessary to further the purpose of the agricultural district as stated in the preamble.
(A) Outdoor advertising structures, providing they are not closer than three hundred feet to the nearest highway right-of-way or five hundred feet to the nearest residential or public or semi-public property, and that permits are issued for not longer than five years.
(B) Uses of land including quarrying and mining of natural resources, sanitary land fill and other types of land fill, refuse disposal and dumps.
(C) Cemeteries.
(Ord. 176A, passed 2-6-68). Penalty, see Section 151.062.
151.018 Required lot area and lot width.
Each dwelling shall be located on a lot having an area of not less than one acre and a lot width of not less than one hundred fifty feet.
(Ord. 176A, passed 2-6-68) Penalty, see Section 151.062.
151.019 Height regulation.
No residential dwelling shall exceed two stories or thirty feet in height.
(Ord. 176A, passed 2-6-68) Penalty, see Section 151.062.
151.020 Required yards.
All structures shall have the following minimum yard spaces:
(A) Front yard– fifty feet.
(B) Side yard– each not less than fifteen feet.
(C) Rear yard– each not less than thirty feet.
(D) Corner lots shall provide the minimum front yards requirements on each street side of the lot.
(Ord. 176A, passed 2-6-68). Penalty, see Section 151.062.
151.021 Off-street parking.
There shall be provided in the AG district off-street parking in accordance with Section 151.009.
151.025 Preamble.
The purpose of the residential districts is to provide an area for residential uses and those public and semi-public uses normally considered an integral part of the residential neighborhood they serve.
(Ord. 176A, passed 2-6-68).
151.026 Uses permitted in R-1 district.
(A) Single-family residential dwellings and home occupations.
(B) Light agricultural uses including nurseries and the raising of home gardens, but not to include livestock and field corn.
(C) Churches, schools, libraries, parks, playgrounds.
(D) Accessory buildings and uses.
(E) Unlighted real estate and nonconforming business use signs, and public building or church-sign or bulletin boards pertaining to the property on which they are placed and not having over twelve feet of sign area.
(Ord. 176A, passed 2-6-68; Amending Ord. 93-038, passed 11-12-93) Penalty, see Section 151.062
151.027 Uses permitted in R-2 district.
(A) Any use permitted in the R-1 district.
(B) Two-family dwellings.
(Ord. 176A, passed 2-6-68; Amending Ord. 93-038, passed 11-12-93) Penalty, see Section 151.062
151.027(a) Uses permitted in R-3 district.
(a) Any use permitted in the R-2 district.
(b) Multiple family dwellings.
(Ord. 93-038, passed 11-12-93) Penalty, see Section 151.062
151.028 Special uses in R-1, R-2 and R-3 districts.
The following uses are permitted as special uses in the R-1, R-2 and R-3 districts when authorized by the board of trustees after a public hearing and recommendation by the board of appeals. Such special use shall be subject to the following requirements that the board of appeals feels necessary to further the purpose of the residential districts as stated in the preamble.
(A) Planned residential development under single ownership providing such development is fifteen acres or more. Such planned developments may vary the specific dwelling type requirements; yard, height, or area per dwelling requirements; providing, however, that the total number of dwelling units to be accommodated is not greater than would be otherwise allowed under normal development and this chapter.
(B) Individual mobile homes of a temporary nature providing that (1) such mobile home shall not be established for longer than eighteen months; (2) such mobile home shall meet the single-family dwelling requirements for lot area and yards for the particular residential district in which it is located; and (3) that such mobile home will not in its proposed location impair public health, safety, comfort, morals, or welfare of the community.
(C) Trailer parks with permanent accommodations for mobile homes providing that (1) such trailer park will have permanent accommodations for a minimum of five trailers; (2) trailer accommodations will include for each trailer individual underground sewer and water connections, concrete trailer platform, hard surface drives to be shared by not more than two trailers leading directly to a public improved street; (3) the plan of development will provide a minimum of one thousand two hundred fifty square feet per trailer space; and (4) the trailer spaces will not be located any closer to the bounding property lines of the park than the appropriate yard requirements for the district would allow. A certificate of compliance shall be required for each individual trailer to be located in the park prior to occupancy as provided in this chapter.
(D) Cemeteries, clubs, hospitals, lodges, sanitariums, rest homes, art galleries, community centers, public services and utility buildings.
(Ord. 176A, passed 2-6-68; Amending Ord. 93-038, passed 11-12-93) Penalty, see Section 151.062.
151.029 Required area and lot widths in residential districts.
In the R-1 district:
AGRICULTURAL DISTRICT (AG)
RESIDENTIAL DISTRICTS (R-1, R-2 AND R-3)
| Min. lot area per family (square feet) | Min. lot width per structure at front of bldg. line (feet) | |
| Single-family dwelling: | ||
| With public water and public sewer | 6,000 | 50 |
| With public water supply or sewer | 10,000 | 80 |
| With neither public water supply nor sewer | 20,000 | 100 |
| In the R-2 district: | ||
| One-family dwelling | Same as in the R-1 district | |
| Two-family dwelling | ||
| With public water and public sewer | 4,500 | 75 |
| With public water or public sewer | 7,500 | 100 |
| With neither public water nor sewer | 15,000 | 125 |
| In the R-3 district: | ||
| Single-family dwelling | 6,000 | 50 |
| Two-family dwelling | 3,000 | 50 |
| Multiple-family dwelling | 2,500 | 50 |
| Roominghouse or lodginghouse | 1,500 | 50 |
(Ord. 176A, passed 2-6-68; Amending Ord. 93-038 passed 11-12-93) Penalty, see Section 151.062.
151.030 Building height regulation.
No building shall exceed two stories or thirty feet in height, unless each side yard is increased over the required minimum by five feet for every five feet, or fraction thereof, of additional height over thirty feet. In no case shall the building height exceed fifty feet.
(Ord. No. 176A, passed 2-6-68) Penalty, see Section 151.062.
151.031 Yards Required.
All structures to be constructed, altered or moved in the R-1, R-2 and R-3 districts shall provide yards of the following minimum depths:
(A) Front yard– twenty-five feet minimum.
(B) Side yard– five feet minimum.
(C) Rear yard– twenty feet or 20% of the lot depth whichever is greater.
(D) Yards of corner lots– corner lots shall provide a front yard on each street side, not, however, to reduce the buildable width of the lot below thirty-two feet.
(Ord. 176A, passed 2-6-68; Amending Ord. 93-038, passed 11-12-93) Penalty, see Section 151.062.
151.032 Off-street parking.
There shall be provided in the R-1, R-2 and R-3 districts adequate off-street parking in accordance with the schedule in Section 151.009.
(Ord. 176A, passed 2-6-68; Amending Ord. 93-038, passed 11-12-93) Penalty, see Section 151.062.
151.035 Preamble; purpose.
(A) The purpose of the C-1 general retail district is to provide for a wide range of retail facilities and services of such a nature as to be fully compatible in the proximity they must enjoy in the central business district.
(B) The purpose of the C-2 service retail district is to provide for those retail businesses and services which require a location other than in the central business district being either highway oriented, requiring larger tracts of land not normally available in the central business district, or to provide local neighborhood retail shopping facilities to that residential area immediately adjacent.
(Ord. 176A, passed 2-6-68).
151.036 Uses permitted in C-1 district.
(A) Any use permitted in a residential district.
(B) Major retail outlets: Furniture, department, clothing, shoe and variety stores; hardware, appliance, paint and wallpaper stores.
(C) Food, drug, and beverage: Grocery stores, supermarkets, meat markets, drug stores, bakery in conjunction with retail sales, restaurants, tea rooms, taverns and liquor stores.
(D) Specialty shops: Gift shops, magazine, book and stationery outlets, florist shops, camera and photography shops, sporting goods.
(E) Service and recreation: Laundromat, dry cleaning and laundry pick-up stations, barber and beauty shops, shoe repair and tailor shops, mortuaries, printing shop with not more than ten full-time regular employees, places of amusement and assembly.
(F) Business and professional offices: Medical and dental offices and clinics, law offices, insurance and real estate offices, banks, finance, and utility companies.
(G) Automotive and related uses: New and used car sales, service, and repair, gasoline filling stations, motorcycle and bicycle shops, cab and bus stands and depots.
(H) Accessory uses or buildings.
(I) Business and advertising signs pertaining to the business on the property on which the sign is located providing that (1) illumination of all signs shall be diffused or indirect and shall be arranged so as not to reflect direct rays of light into adjacent residential districts or into the public way, and (2) that any sign located in the direct line of vision of any traffic control signal shall not have flashing intermittent red, green or amber illumination.
(Ord. 176A, passed 2-6-68) Penalty, see Section 151.062.
151.037 Uses permitted in C-2 district.
(A) Any use permitted in the residential districts.
(B) Any use permitted in the C-1 general retail district.
(C) Building trades or equipment: Building, concrete, electrical, masonry, sheet metal, plumbing and heating shops, building material establishments (providing no assembly, construction, millwork, or concrete block manufacture is done on premises).
(D) Vehicle drive-in and heavy vehicle service: Drive-in theaters, drive-in restaurants and refreshment stands; express, cartage, and trucking facilities; large item machinery or bulk sales and storage not including outdoor unfenced storage.
(E) Heavy service and processing facilities: Laundry and dry cleaning plants; linens, towel, diaper and similar supply services; animal pounds, kennels, and veterinary establishments; frozen food lockers; seed and food processing plants; dairies.
(F) Accessory uses or buildings.
(G) Business and advertising signs pertaining to the business on the property on which the sign is located providing that (1) illumination of all signs shall be diffused or indirect and shall be arranged so as not to reflect direct rays of light into adjacent residential districts or into the public way, and (2) that any sign located in the direct line of vision of any traffic control signal shall not have flashing intermittent red, green or amber illumination.
(Ord. 176A, passed 2-6-68) Penalty, see Section 151.062.
151.037A Special uses in C-2 district.
The following use is permitted in the C-2 district as a special use, after compliance with the special use procedures in Section 151.066:
(A) Mini warehouses.
(Ord. 2003-029, passed 10-6-03).
151.038 Required lot area and lot width.
(A) Each residential use to be accommodated in the C-1 and C-2 commercial districts shall meet the minimum lot area and minimum lot width requirements of the R-2 residential district.
(B) Each business use to be accommodated in the C-1 and C-2 commercial districts shall provide a minimum lot area of two thousand five hundred square feet; no minimum lot width is required for business uses.
(Ord. 176A, passed 2-6-68) Penalty, see Section 151.062.
151.039 Building height regulation.
(A) In the C-1 general retail district no building shall exceed three stories or forty-five feet.
(B) In the C-2 service retail district no building shall exceed two stories or thirty feet.
(Ord. 176A, passed 2-6-68) Penalty, see Section 151.062.
151.040 Yards required.
All buildings to be constructed, altered or moved in the commercial districts shall meet the following minimum requirements.
(A) Yards required in the C-1 general retail district:
Front yard– no minimum yard required.
Side yard– no minimum yard required except lots adjoining a residential district shall provide a side yard on that adjoining side equal to that required in the adjoining residential district.
Rear yard– twenty feet. Where a rear lot line abuts an alley, one-half of the width of such alley may be considered in meeting the rear yard requirements.
(B) Yards required in the C-2 service retail district:
Front yard– fifteen feet.
Side yard– ten feet.
Rear yard– twenty feet. Where a rear lot line abuts an alley, one-half of the width of such alley may be considered in meeting the rear yard requirements.
(Ord. 176A, passed 2-6-68) Penalty, see Section 151.062.
151.041 Off-street parking and loading.
There shall be provided in the C-1 and C-2 commercial districts off-street parking and loading in accordance with the exceptions and requirements of Sections 151.009 and 151.010.
(Ord. 176A, passed 2-6-68) Penalty, see Section 151.062.
151.045 Preamble; purpose.
(A) The purpose of the I-1 light industrial district is to provide for commercial uses, storage, and those manufacturing uses not normally creating a nuisance discernible beyond its property.
(B) The purpose of the I-2 heavy industrial district is to provide for industrial uses not allowed in any other district, providing that, within this district, uses of a hazardous nature or those producing extensive smoke or odor shall not be located so that the general hazard or nuisance affects a large segment of the community.
(Ord. 176A, passed 2-6-68).
151.046 Uses permitted in I-1 district.
(A) Any use permitted in the C-I and C-2 commercial districts except residential uses.
(B) Warehousing and storage: Indoor and outdoor storage of goods and materials including warehousing, pole yards, building material storage, and trucking storage.
(C) Manufacturing: Manufacture or processing of small items including gloves, footwear, bathing caps, shoes, boots, boxes and cartons, hardware, toys, electric batteries, motors, or generators; textile products manufacture; glass, cement and stone products manufacture; furniture manufacture; food manufacture or processing including hatcheries, canning, freezing, storage, and bottling.
(D) Other manufacturing uses of a light nature, free from any objectionable odors, fumes, dirt, vibration, or noise detectable at the lot line. Such uses shall not be established without an application for a permit which shall be accompanied by a certification by a registered engineer or architect indicating that every reasonable provision will be taken to eliminate or minimize gas fumes, odors, dirt vibration, or noise. In the event of the denial of such permit, an applicant shall have a right of appeal to the zoning board of appeals, in accordance with Section 151.065 to 151.068, inclusive.
(E) Adult Uses, pursuant to a permit granted in accordance with Chapter 153 of this Code of Ordinances.
(Ord. 176A, passed 2-6-68; Ord. 2001-014, passed 8/6/01) Penalty, see Section 151.062
151.047 Uses permitted in I-2 district.
All uses not otherwise prohibited by law except residential uses; provided, however, that the following uses will be permitted as special uses in the 1-2 district when authorized by the board of trustees after public hearing and recommendation by the board of appeals. Bag cleaning, boiler and tank works; central mixing plant for cement, mortar, plaster or paving materials; coke oven, curing, tanning and storage of raw hides and skins; distillation of bones, coal, wood or tar; fat rendering; forge plant; foundry or metal fabrication plant; gasoline or oil storage above ground in excess of 500 gallons; slaughter house or stockyards; smelting plant; and the manufacture of acetylene, acid, alcohol or alcoholic beverages; ammonia, bleaching powder, chemicals, brick, pottery, terra-cotta or tile; candles; disinfectants; dye-stuffs; fertilizers; linseed oil, paint, oil, turpentine, varnish, soap and tar products, or any other use which, in the opinion of the board of appeals would emit detrimental or obnoxious noise, vibration, smoke, odors, dust or other objectionable conditions beyond the confines of its property. The board of appeals shall recommend board of trustees approval if it determines that the proposed use will not extend its detrimental or obnoxious effects beyond the limits of the heavy industrial district in which it is located. Such special uses shall be subject to any requirements of the board of appeals feel necessary to further the purpose of the industrial district as stated in the preamble.
Salvage and wrecking operations, if located not less than 200 feet from any R-district, provided all operations are conducted within an area enclosed on all sides with a tight painted fence not less than 8 feet high and provided further that such operation shall not be visible from the nearest street or highway.
(Ord. 176A, passed 2-6-68) Penalty, see Section 151.062
151.048 Required lot area and lot width.
Each use to be established in the I-1 or the I-2 district shall provide a minimum lot area of 5,000 square feet and a minimum lot width of 50 feet.
(Ord. 176A, passed 2-6-68) Penalty, see Section 51.062
151.049 Building height regulation.
No building in the I-1 or I-2 district shall exceed 50 feet in height.
(Ord. 176A, passed 2-6-68) Penalty, see Section 151.062
151.050 Yards required.
All structures to be constructed, altered, or moved, in the I-1 and I-2 districts shall provide yards of the following minimum depths:
(A) Front yard– 25 feet.
(B) Side yard– 10 feet except where a side yard abuts a residential district in which case a side yard of 25 feet shall be provided.
(C) Rear yard– 25 feet.
(Ord. 176A, passed 2-6-68) Penalty, see Section 151.062
151.051 Off-street parking and loading.
There shall be provided in the I-1 and 1-2 districts adequate off-street parking and loading in accordance with the schedule in Sections 151.009 and 151.010.
(Ord. 176A, passed 2-6-68) Penalty, see Section 151.062
151.055 Lot of record.
When a lot which is an official lot of record at the time of adoption of this chapter does not comply with the area, yard, or other requirements of this chapter, an application may be submitted to the board of appeals for a variance from the terms of this chapter in accordance with the procedure outlined in Sections 151.065 to 151.068, inclusive, but that the charges and fees normally required for variances shall not apply to unimproved lots of record. Such a lot may be used as a building site provided, however, that the yard and other requirements of the district are complied with as closely as possible in the opinion of the board of appeals.
(Ord. 176A, passed 2-6-68)
151.056 Exceptions to yard requirements.
(A) Allowable Projections of Residential Structures Into Yards. Architectural features of residential buildings such as window sills, cornices, roof overhangs may project into the required yard provided such projection is not more than four feet and does not reach closer than four feet to any lot line.
(B) Allowable Projections of Business Structures Over Sidewalk. Signs, awnings, canopies, marquees, are permitted to overhang the sidewalk in the C-1 general retail district only, providing that overhanging signs are a minimum of eight feet above the sidewalk at any point and that all other structures are a minimum of six feet eight inches above the sidewalk at any point.
(C) Allowable Projections of Accessory Building Into Rear Yard. One-story accessory buildings may project into rear yards abutting on an alley or easement providing such projection extends not closer than five feet to the rear lot line and two feet to a side lot line.
(Ord. 176A, passed 2-6-68).
151.057 Exceptions to height limits.
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, and domes not intended for human occupance; monuments, water towers, transmission towers, chimneys, smoke stacks, derricks, conveyors, flag poles, radio towers, masts, and aerials.
(Ord. 176A, passed 2-6-68).
151.060 Zoning certificates.
No permit pertaining to the use of land or building shall be issued unless the zoning administrator has certified, after examination, that it complies with all provisions of this chapter.
(Ord. 96-010, passed 4-1-96).
151.061 Duties of the zoning administrator.
(A) Appointment. There is hereby created the office of zoning administrator of the Village of Riverton. The zoning administrator of the Village of Riverton shall be appointed by the village president with the advice and consent of the village board and at a salary of fifty dollars per meeting of the zoning board of appeals or planning commission. The zoning administrator shall have a one-year term or until his or her successor is appointed and has qualified. The zoning administrator may be an employee of the village, but shall not be an elected official nor a member of the zoning board of appeals or planning commission.
(B) Duties. In enforcing and administering this chapter, the zoning administrator shall:
(1) Issue all certificates and make and maintain records thereof;
(2) Conduct or cause to be conducted inspections of buildings, structures, and uses of land to determine compliance with the terms of this chapter;
(3) Maintain permanent and current records of the chapter, including but not limited to, all maps, amendments and special uses, variations, appeals, and applications there for;
(4) Receive, file and forward to the zoning board of appeals and planning commission, and village board all applications for appeals, variations, special uses, amendments and other matters on which such boards and commission are required to act under this chapter or under the sub- division ordinance;
(5) Provide such clerical and technical assistance as may be required by the zoning board of appeals and planning commission in the exercise of their duties;
(6) Be mindful of the requirements of this chapter while administering other ordinances pertaining to buildings, subdivisions and the like;
(7) Assist applicants with drafting of newspaper notices required by this chapter;
(8) Turn over to the office manager all application and other fees received by the zoning administrator.
(Ord. 96-010, passed 4-1-96).
151.062 Planning commission.
(A) There is hereby established a commission known as the planning commission of the Village of Riverton. The planning commission shall consist of seven members who shall be qualified as officers of the village. They shall be the same persons who comprise the zoning board of appeals.
(B) Jurisdiction and Duties. The planning commission is hereby vested with the following powers and duties in the administration of this chapter:
(1) To meet at least once per calendar quarter;
(2) To post or publish notices of public hearing, and to hold such hearings as requested by the applicable statutes of the State of Illinois, pertaining to proposed amendments to the regulations imposed and the districts created by this chapter, pertaining to initial zoning of property upon annexation or in accordance with annexation agreements, and to proposed special uses, as established in this chapter;
(3) To make written reports and recommendations to the village board on any such proposed amendments, zoning upon annexation, or proposed special uses;
(4) To initiate, direct, and review, from time to time, studies of the provisions of this chapter and to make reports of its recommendations to the village board;
(5) To hear and decide all matters which it is required to act upon under this chapter;
(6) If requested by the village board, to prepare a comprehensive plan.
The jurisdiction of the planning commission is not limited to zoning; for example, the planning commission has other duties under the village subdivision ordinance.
(7) To conduct hearings on Adult Use permits in accordance with Chapter 153 of this code of ordinances.
(Ord. 96-010, passed 4-1-96; Ord. 2001-014, passed 8/6/01).
151.063 Planning commission procedures and rules.
(A) All meetings requested of the planning commission shall be held at the call of the chairman, and at such other times as the commission may determine. All testimony by witnesses at any hearing provided for in this chapter shall, at the option of the chairman, be given under oath. The chairman, or in the chairman's absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall comply with the Open Meetings Act. The planning commission shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the planning commission shall immediately be filed in the office of the village clerk and shall be a public record.
(B) The concurring vote of a majority of a quorum of the planning commission, is necessary to decide in favor of the applicant any matter under this chapter, or to recommend any amendment or special use to the village board.
(C) The planning commission may have rules of procedure which shall be approved from time to time by the village board.
(Ord. 96-010, passed 4-1-96).
151.064 Procedures for zoning amendments.
(A) Authority. The regulations imposed and the districts created under the authority of this chapter may be amended from time to time by ordinance. An amendment shall be granted or denied by the village board only after proper notice and a public hearing before the planning commission and a report of its findings and recommendations has been submitted to the village board.
(B) Initiation. Amendments may be proposed by the village board, or by a resident or owner of property in the Village of Riverton.
(C) Processing. A petition for an amendment shall be filed with the zoning administrator in a form attached to the ordinance codified in this section as Appendix A and on file in the office of the village clerk. Such petition shall be forwarded from the zoning administrator to the planning commission with a request to hold a public hearing. Notice shall be given of the petition, the relief requested therein, the name of petitioner and the time and place of the hearing (1) by publishing a notice thereof at least once in one or more newspapers in general circulation within the Village of Riverton not more than thirty nor less than fifteen days prior to the hearing, and (2) by giving a written notice by first class mail at least fifteen days before the hearing to the owners of the properties located adjacent to the location for which the amendment is requested. Failure to comply with step subsection (C)(2) of this section will not void an amendment.
(D) Conduct of Planning Commission Hearing and Report. The planning commission shall conduct a public hearing in accordance with Section 151.063 above. At the hearing, the planning commission shall take testimony as necessary and shall consider as a minimum the following questions, and answer each question in the affirmative or negative, with comments as appropriate:
(1) Will the proposed change be consistent with existing commitments and/or planned public improvements?
(2) Will the proposed change be beneficial to the neighborhood and its need for development or redevelopment?
(3) Have major land use changes occurred, and/or have major changes in the condition of the buildings and structures occurred that affect the original zoning of the subject area?
(4) Will the proposed change encourage nearby development without the need for additional zoning amendments?
(5) Will existing servicing utilities and streets have adequate carrying capacity to accommodate the proposed change?
(6) Will the proposed change have an effect on vehicular and pedestrian traffic?
(7) Will the proposed change impact living conditions in the vicinity by changing environmental factors such as sunlight, air and water quality or noise?
(8) If a comprehensive plan has been adopted, is the proposed change consistent therewith?
The planning commission shall prepare and transmit to the village board a written recommendation regarding the proposed amendment, along with a copy of its minutes.
(E) Action by the Village Board. The village board, after receiving the report of the planning commission and without further public hearing, except for any new matter not presented to the planning commission and which the village board deems relevant, may grant by ordinance any proposed amendment or may refer it back to the recommending body for further consideration. A failure to pass an ordinance shall be deemed a denial of the petition. Any written protest against any proposed amendment of the regulations or districts may be signed and acknowledged by the owners of twenty percent of the frontage proposed to be altered, or by the owners of twenty percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent of the frontage directly opposite the frontage proposed to be altered. If such written protest in such manner is filed with the clerk of the village and the applicant and the applicant's attorney five days prior to public hearing, the amendment shall not be passed except by a favorable vote of two-thirds of the village board then holding office.
(Ord. 96-010, passed 4-1– 96).
151.065 Procedures for initial zoning pursuant to annexation agreement.
Whenever a proposed annexation agreement containing provisions for zoning is filed with the village, the proposed agreement shall serve as the petition for amendment; hearing shall be conducted in accordance with Section 151.064. In the event a proposed annexation agreement requests variations of the provisions of the zoning ordinance, the planning commission shall consider the variations requested along with the other zoning issues. The notices required by Section 151.064 shall include a notice of the requested variation.
(Ord. 96-010, passed 4-1-96).
151.066 Special uses.
(A) Purpose. The development and execution of the zoning ordinance is based upon the division of the village into districts, within any one of which the use of land, buildings, and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon public need for the particular use of the particular location. Such special uses fall into two categories:
(1) Uses operated by a public agency or publicly-regulated utilities, or uses traditionally affected with a public interest.
(2) Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(B) Initiation. A written petition for a special use may be made by any person, firm, or corporation who is the owner of real estate for which such special use is sought, requesting or intending to request application for a special use.
(C) Processing. A petition for a special use in the form attached to the ordinance codified in this section as Exhibit B shall be filed with the zoning administrator. Such petition shall be forwarded by the zoning administrator to the planning commission with a request to hold a public hearing. Notice shall be given of the petition, the relief requested therein, the name of the petitioner and the time and place of the hearing (1) by publishing a notice thereof at least once in one or more newspapers in general circulation within the Village of Riverton not more than thirty days nor less than fifteen days prior to the hearing, and (2) by mailing a written notice before the hearing to the owners of the properties located adjacent to the location for which the special use is requested. Failure to comply with subsection (C)(2) of this section shall not void the special use.
The planning commission shall make a finding on the request and shall submit a recommendation to the village board for decision.
(D) Findings. Before any special use shall be recommended to the village board, the planning commission shall make written findings certifying that the special use:
(1) Is proposed to be operated, designed, and located so that the public health, safety and welfare will be protected; and
(2) Will not cause substantial injury to the value of other property in the vicinity in which it is located.
(E) Decisions. The village board, after receiving the finding and recommendation and minutes of the planning commission and without further public hearing, may grant or deny the proposed special use by ordinance or may refer it back to the planning commission for further consideration
(Ord. 96-010, passed 4-1-96).
151.067 Zoning board of appeals.
(A) Creation. A zoning board of appeals is hereby created for the Village of Riverton, Illinois. The board of appeals shall consist of seven members who shall serve for a term of five years, provided that the members first appointed after the enactment of the ordinance codified in this section shall serve terms as follows: One shall serve a term of one year; one for two years; one for three years; one for four years; one for five years; one for six years; and one for seven years; the successor to each member so appointed to serve a term of five years. One of the members so appointed shall be named as chairman at the time of his appointment. The terms of the members shall commence on the date of their appointment. The amount of compensation, if any, shall be thirty-five dollars per meeting, either of the zoning board of appeals or of the planning commission. The members shall be subject to removal by the president and board of trustees of the village for good cause after public hearing. Members of the zoning board of appeals shall have the powers and duties assigned to the zoning board of appeals by statute and ordinance.
(B) Membership. All appointments to the zoning board of appeals shall be made by the village president subject to approval of the village board. One of the members so appointed shall be named as chairman by the village president with approval of the village board at the time of his or her appointment. Vacancies shall be filled as soon as possible for the unexpired term of any members whose place has become vacant. In the event that the office of chair- man is vacated for any reason, the village president with approval of the village board shall immediately appoint, at his option, either one of the remaining members of the board, or any member who is appointed to fill such vacancy on the board as the new chairman.
(C) Jurisdiction and Authority. The zoning board of appeals is hereby vested with the powers as granted by the statutes of the State of Illinois and this chapter as follows:
(1) To hear and recommend appeals from any order, requirement, decision, or determination made by the zoning administrator pertaining to conformance with requirements of this chapter;
(2) To hear and recommend variations from the terms provided in this chapter in the manner and subject to the standards set forth in this section;
(3) To hear and decide all other matters upon which it is required to pass under this chapter.
(Ord. 96-010, passed 4-1-96; Ord. 2003-012, passed 5-05-03).
151 068 Procedures of the zoning board of appeals.
All meetings requested of the zoning board of appeals shall be held at the call of their chairman, and at such other times as the board may determine. All testimony by witnesses at any hearing provided for in this chapter shall, at the option of the chairman, be given under oath. The chairman, or in the chairman's absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall comply with the Open Meetings Act. The zoning board of appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of other official actions Every, rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the zoning board of appeals shall immediately be filed in the office of the village clerk and shall be a public record.
The concurring vote of four members of the zoning board of appeals is necessary to reverse or affirm, wholly or partly, any order, requirement, decision, or determination made by the zoning administrator, or to decide in favor of the applicant any matter under this chapter.
(Ord. 96-010, passed 4-1-96).
151.069 Appeals procedures.
(A) Initiation. An appeal may be taken to the zoning board of appeals by any person, firm, or corporation or by any office, department board, bureau, or commission, aggrieved by an administrative order, requirement, decision, or determination under this chapter by the zoning administrator or other authorized official of the Village of Riverton.
(B) Processing. An appeal shall be filed with the zoning administrator, who shall forward such petition with all exhibits and papers constituting the record upon which the action was taken to the zoning board of appeals for processing in accordance with the applicable statutes of the State of Illinois. The board of appeals shall within thirty days fix a time for the hearing of the appeal and give due notice thereof to the parties and decide the appeal. Upon the heating, any party may appear in person or by agent or by attorney.
(C) Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals, after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In this event, the proceedings shall not be stayed, or otherwise than by a restraining order which may be granted by the board of appeals or by a circuit court on application and on notice to the officer from whom the appeal is taken, and on due cause shown.
(Ord. 96-010, passed 4– 1-96).
151.070 Variations.
(A) Initiation. A written petition for a variance in the form attached to the ordinance codified in this section as Appendix ]D may be made by any person, firm or corporation which is the owner of real estate for which such variation is sought.
(B) Processing. A petition for a variance shall be filed with the zoning administrator Such petition shall be forwarded to the zoning board of appeals with a request to hold a public hearing Notice shall be given of the petition, the relief requested therein, the name of the petitioner, and the time and place of the hearing (1) by publishing a notice thereof at least once in one or more newspapers in general circulation within the Village of Riverton not more than thirty nor less than fifteen days prior to the hearing, and (2) by giving a written notice by mail before the hearing to the owners of the properties located adjacent to the location for which the variation is requested. Failure to comply with subsection (B)(2) of this section will not void the proposed variance.
(C) Standards.
(1) The zoning board of appeals shall not recommend variance of the provisions of this chapter as authorized in this section unless it shall have made findings based upon the evidence presented to it that all of the following conditions apply:
(a) That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;
(b) That the plight of the owner is due to unique circumstances; and
(c) That the variance, if granted, will not alter the essential character of the locality.
(2) The zoning board of appeals, in making the foregoing determination may take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:
(a) That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of regulation were to be carried out;
(b) That the conditions upon which the petition for variance is based would not be applicable generally to other property within the same zoning classification;
(c) That the purpose of the variance is not based exclusively upon a desire to make more money out of the property;
(d) That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;
(e) That the granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; or
(f) That the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood.
(3) The zoning board of appeals may require such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variance upon other property in the neighborhood, and to implement the general purpose and intent of this chapter.
(D) Authorized Variations. Variations from the regulations of this chapter may be recommended by the zoning board of appeals only in accordance with the standards set forth in this section and only in the following instances:
(1) To permit a height greater than allowed;
(2) To permit a yard less than the yard required by the applicable regulation;
(3) To permit the use of a lot located in a residence district having insufficient area and width for a single-family dwelling, provided such lot is of record on the effective date of the ordinance codified in this section;
(4) To permit the use of any lot not covered above, for a use otherwise prohibited solely because of insufficient area of the lot;
(5) To permit the same off-street parking spaces to qualify as required spaces for two or more uses, provided that the maximum use of such facility by each user does not take place during the same hours of the same days of the week;
(6) To reduce the applicable off-street parking or loading requirements;
(7) To authorize a use of land where an amendment to the village zoning district classification causes practical difficulties or hardships;
(8) To vary requirements for fences.
(9) To vary setback requirements, in an area permitting duplex structures, to allow a duplex structure to be situated on more than one separately platted lot, but subject to the following conditions:
(a) The duplex structure will be bisected by the lot line, and each dwelling unit will be located exclusively on one lot, except for a party wall which is bisected by the lot line;
(b) A party wall agreement or other appropriate covenant will be recorded with the Recorder of Deeds of Sangamon County with respect to both lots, which will provide for the perpetual maintenance of the party wall and reconstruction of the structure in event of fire or casualty;
(c) The variance will cease to exist if a structure containing one or more dwelling units, other than a duplex structure bisected by the lot line and meeting the requirements of this section, is constructed on either or both lots; and
(d) The duplex structure would otherwise meet the minimum lot area requirement and all other requirements of this chapter, including setback requirements, if the two lots on which it is located, taken together, were considered a single lot;
(e) If a lot is divided, a tract survey is prepared, approved and recorded in accordance with the subdivision regulations of the village.
(E) Decisions.
(1) The zoning board of appeals at the conclusion of the public hearing promptly thereafter shall submit a report of its findings and recommendations on each petition to the village board.
(2) The village board, after receiving the report of the zoning board of appeals and without further public hearing, except for any new matter not presented to the zoning board of appeals and which the village board deems relevant, may grant or deny by majority vote and proposed variation or may refer it back to the recommending body for further consideration.
(Ord. 96-010, passed 4– 1– 96; Ord. 2003– 028, passed 10– 6– 03).
151.071 Fees for variances, appeals and amendments.
Any application for a variance or appeal filed by or on behalf of the owner or owners of the property affected shall be accompanied by a fee of two hundred dollars.
Any application for an amendment or special use filed by or on behalf of the owner or owners of the property affected shall be accompanied by a fee of two hundred dollars.
Any application for any action, filed by an officer, board or commission of the Village of Riverton, Illinois, not on behalf of any specific private interest, shall not be accompanied by any fee.
(Ord. 96-010, passed 4-1-96).
151.072 Violation, penalty and enforcement.
Any person, firm, or corporation, who violates, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, be fined not less than fifty dollars nor more than five hundred dollars for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. The zoning administrator is hereby designated and authorized to enforce this chapter.
(Ord. 96-010, passed 4-1-96).
151.073 Nuisances.
Every structure and lot which is in violation of this chapter is hereby declared a nuisance. The village may apply to a court of competent jurisdiction for equitable relief to restrain, enjoin or abate any such nuisance.
(Ord. 96-010, passed 4-1-96).
Chapter 152 Sections:
152.001 Purpose.
152.002 Definitions.
152.003 Base flood elevation.
152.004 Duties of the zoning administrator.
152.005 Development permit.
152.006 Preventing increased flood heights and resulting damages.
152.007 Protecting buildings.
152.008 Subdivision requirements.
152.009 Public health and other standards.
152.010 Carrying capacity and notification.
152.011 Variances.
152.012 Disclaimer of liability.
152.013 Penalty.
152.014 Abrogation and greater restrictions.
152.015 Severability. Prior ordinance history: Ord. 2004-010.
152.001 Purpose.
This chapter is enacted pursuant to the police powers granted to this village by the Illinois Municipal Code (65 ILCS 5/1-2-1, 5/11-12-12, 5/11-30-2, 5/11-30-8 and 5/11-31-2) in order to accomplish the following purposes:
(A) To prevent unwise developments from increasing flood or drainage hazards to others;
(B) Protect new buildings and major improvements to buildings from flood damage;
(C) To promote and protect the public health, safety, and general welfare of the citizens from the hazards of flooding;
(D) To lessen the burden on the taxpayer for flood control, repairs to public facilities and utilities, and flood rescue and relief operations;
(E) Maintain property values and a stable tax base by minimizing the potential for creating blight areas;
(F) Make federally subsidized flood insurance available; and
(G) To preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.
(Ord. 2007-018, passed 6-4-07).
152.002 Definitions.
For the purposes of this chapter, the following definitions are adopted:
"Base flood" means the flood having a one-percent probability of being equaled or exceeded in any given year. The base flood is also known as the one hundred-year flood. The base flood elevation at any location is as defined in Section 152.003 of this chapter.
"Base flood elevation (BFE)" means the elevation in relation to mean sea level of the crest of the base flood.
"Basement" means that portion of a building having its floor sub-grade (below ground level) on all sides.
"Building" means a walled and roofed structure, including gas or liquid storage tank, that is principally above ground, including manufactured homes, prefabricated buildings and gas or liquid storage tanks. The term also includes recreational vehicles and travel trailers installed on a site for more than one hundred eighty days per year.
"Critical facility" means any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to these critical facilities can impact the delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk.
Examples of critical facilities where flood protection should be required include: emergency services facilities (such as fire and police stations), schools, hospitals, retirement homes and senior care facilities, major roads and bridges, critical utility sites (telephone switching stations or electrical transformers, and hazardous material storage facilities (chemicals, petrochemicals, hazardous or toxic substances).
"Development" means any man-made change to real estate including, but not necessarily limited to:
(1) Demolition, construction, reconstruction, repair, placement of a building, or any structural alteration to a building;
(2) Substantial improvement of an existing building;
(3) Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than one hundred eighty days per year;
(4) Installation of utilities, construction of roads, bridges, culverts or similar projects;
(5) Construction or erection of levees, dams, walls or fences;
(6) Drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface;
(7) Storage of materials including the placement of gas and liquid storage tanks, and channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters.
"Development" does not include routine maintenance of existing buildings and facilities, resurfacing roads, or gardening, plowing, and similar practices that do not involve filing, grading, or construction of levees.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
"Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
"FEMA" means Federal Emergency Management Agency.
"Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.
"Flood fringe" means that portion of the floodplain outside of the regulatory floodway.
"Flood insurance rate map" means a map prepared by the Federal Emergency Management Agency that depicts the floodplain or special flood hazard area (SFHA) within a community. This map includes insurance rate zones and may or may not depict floodways and show base flood elevations.
"Flood insurance study" means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
"Flood protection elevation (FPE)" means the elevation of the base flood plus one foot of freeboard at any given location in the floodplain.
"Floodplain" and "special flood hazard area (SFHA)." These two terms are synonymous. Those lands within the jurisdiction of the Village of Riverton the extraterritorial jurisdiction of the Village of Riverton or that may be annexed into the Village of Riverton that are subject to inundation by the base flood. The floodplains of the Village of Riverton are generally identified as such on panel number 260F of the countywide flood insurance rate map of Sangamon County prepared by the Federal Emergency Management Agency and dated 2007. Floodplain also includes those areas of known flooding as identified by the community.
The floodplains of those parts of unincorporated Sangamon County that are within the extraterritorial jurisdiction of the Village of Riverton or that may be annexed into the Village of Riverton are generally identified as such on the flood insurance rate map prepared for Sangamon County by the Federal Emergency Management Agency and dated 2007.
"Floodproofing" means any combination of structural or nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate, property and their contents.
"Floodproofing certificate" means a form published by the Federal Emergency Management Agency that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.
"Floodway" means that portion of the floodplain required to store and convey the base flood. The floodway for the floodplains of the Village of Riverton shall be as delineated on the countywide flood insurance rate map of Sangamon County prepared by FEMA and dated 2007. The floodways for each of the remaining floodplains of the Village of Riverton shall be according to the best data available from the federal, state, or other sources.
"Freeboard" means an increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, future watershed development, unknown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams.
"Historic structure" means any structure that is:
(1) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
(3) Individually listed on the state inventory of historic places by the Illinois Historic Preservation Agency.
(4) Individually listed on a local inventory of historic places that has been certified by the Illinois Historic Preservation Agency.
"IDNR/OWR" means Illinois Department of Natural Resources/Office of Water Resources.
"Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor. Provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of Section 152.007 of this chapter.
"Manufactured home" means a structure transportable in one or more sections, that is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more lots for rent or sale.
"New construction" means structures for which the start of construction commenced or after the effective date of floodplain management regulations adopted by a community and includes any subsequent improvements of such structures.
"New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community.
"NFIP" means National Flood Insurance Program.
"Recreational vehicle or travel trailer" means a vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less in size;
(3) Designed to be self-propelled or permanently towable by a light duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.
"Repetitive loss" means flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds twenty-five percent of the market value of the structure before the damage occurred.
"SFHA." See definition of "floodplain."
"Start of construction" includes substantial improvement and means the date the building permit was issued. This, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement, was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation or placement of a manufactured home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building whether or not that alteration affects the external dimensions of the building.
"Structure." See definition of "building."
"Substantial damage" means damage of any origin sustained by a structure whereby the cumulative percentage of damage during the life of the building equals or exceeds fifty percent of the market value of the structure before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination. The term includes "Repetitive Loss Buildings" (see definition).
"Substantial improvement" means any reconstruction, rehabilitation, addition or improvement of a structure taking place during the life of the building in which the cumulative percentage of improvements:
(1) Equals or exceeds fifty percent of the market value of the structure before the improvement or repair is started; or
(2) Increases the floor area by more than twenty percent.
"Substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures which have incurred repetitive loss or substantial damage, regardless of the actual repair work done.
The term does not include:
(1) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
(2) Any alteration of a structure listed on the National Register of Historic Places or the Illinois Register of Historic Places.
"Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the required federal, state, and/or local permits and elevation certification is presumed to be in violation until such time as the documentation is provided.
(Ord. 2007-018, passed 6-4-07).
152.003 Base flood elevation.
This chapter's protection standard is the base flood. The best available base flood data are listed below. Whenever a party disagrees with the best available data, the party shall finance the detailed engineering study needed to replace the existing data with better data and submit it to the FEMA and IDNR/OWR for approval prior to any development of the site.
(A) The base flood elevation for the floodplains of applicable rivers, creeks and streams shall be as delineated on the one hundred-year flood profiles in the countywide flood insurance study of Sangamon County prepared by the Federal Emergency Management Agency in 2007.
(B) The base flood elevation for each floodplain delineated as an "AH Zone" or "AO Zone" shall be that elevation (or depth) delineated on the countywide flood insurance rate map of Sangamon County, Illinois.
(C) The base flood elevation for each of the remaining floodplains delineated as an "A Zone" on the countywide flood insurance rate map of Sangamon County shall be according to the best data available from federal, state or sources. Should no other data exist, an engineering study must be financed by the applicant to determine base flood elevations.
(D) The base flood elevation for the floodplains of those parts of unincorporated Sangamon County that are within the extraterritorial jurisdiction of the Village of Riverton or that may be annexed into the Village of Riverton shall be as delineated on the one hundred-year flood profiles in the flood insurance study of Sangamon County prepared by the Federal Emergency Management Agency and dated 2007.
(Ord. 2007-018, passed 6-4-07).
152.004 Duties of the zoning administrator.
The zoning administrator shall be responsible for the general administration of this chapter and ensure that all development activities within the floodplains under the jurisdiction of the Village of Riverton meet the requirements of this chapter. Specifically, the zoning administrator shall:
(A) Process development permits in accordance with Section 152.005;
(B) Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of Section 152.006;
(C) Ensure that the building protection requirements for all buildings subject to Section 152.007 are met and maintain a record of the "as-built" elevation of the lowest floor (including basement) or floodproof certificate;
(D) Assure that all subdivisions and annexations meet the requirements of Section 152.008;
(E) Ensure that water supply and waste disposal systems meet the public health standards of Section 152.009;
(F) If a variance is requested, ensure that the requirements of Section 152.011 are met and maintain documentation of any variances granted;
(G) Inspect all development projects and take any and all penalty actions outlined in Section 152.013 as a necessary to ensure compliance with this chapter;
(H) Assure that applicants are aware of and obtain any and all other required local, state, and federal permits;
(I) Notify IDNR/OWR and any neighboring communities prior to any alteration or relocation of a watercourse;
(J) Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques;
(K) Cooperate with state and federal floodplain management agencies to coordinate base flood data and to improve the administration of this chapter;
(L) Maintain for public inspection base flood data, floodplain maps, copies of state and federal permits, and documentation of compliance for development activities subject to this chapter;
(M) Perform site inspections to ensure compliance with this chapter and make substantial damage determinations for structures within the floodplain; and
(N) Maintain the accuracy of floodplain maps including notifying IDNR/OWR and/or submitting information to FEMA within six months whenever a modification of the floodplain may change the base flood elevation or result in a change to the floodplain map.
(Ord. 2007-018, passed 6-4-07).
152.005 Development permit.
No person, firm, corporation, or governmental body not exempted by law shall commence any development in the floodplain without first obtaining a development permit from the zoning administrator. The zoning administrator shall not issue a development permit if the proposed development does not meet the requirements of this chapter.
(A) The application for development permit shall be accompanied by:
(1) Drawings of the site, drawn to scale showing property line dimensions;
(2) Existing grade elevations and all changes in grade resulting from excavation or filling;
(3) The location and dimensions of all buildings and additions to buildings;
(4) The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of Section 152.007 of this chapter; and
(5) Cost of project or improvements as estimated by a licensed engineer or architect. A signed estimate by a contractor may also meet this requirement.
(B) Upon receipt of an application for a development permit, the zoning administrator shall compare the elevation of the site to the base flood elevation. Any development located on land that can be shown by the base flood elevation. Any development located on land that can be shown by survey data to be higher than the current base flood elevation and which has not been filled after the date of the site's first flood insurance rate map is not in the floodplain and therefore not subject to the requirements of this chapter. Conversely, any development located on land shown to be below the base flood elevation and hydraulically connected, but not shown on the current flood insurance rate map, is subject to the provisions of this chapter.
The zoning administrator shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first flood insurance rate map identification.
The zoning administrator shall be responsible for obtaining from the applicant copies of all other federal, state, and local permits, approvals or permit-not-required letters that may be required for this type of activity. The zoning administrator shall not issue a permit unless all other federal, state, and local permits have been obtained.
(Ord. 2007-018, passed 6-4-07).
152.006 Preventing increased flood heights and resulting damages.
Within any floodway identified on the countywide flood insurance rate map, and within all other floodplains where a floodway has not been delineated, the following standards shall apply:
(A) Except as provided in subsection B of this section, no development shall be allowed which, acting in combination with existing and anticipated development will cause any increase in flood heights or velocities or threat to public health and safety. The following specific development activities shall be considered as meeting this requirement:
(1) Bridge and culvert crossings of streams in rural areas meeting the following conditions of the Illinois Department of Natural Resources, Office of Water Resources Statewide Permit Number 2:
(a) The crossing will not result in an increase in water surface profile elevation in excess of one foot;
(b) The crossing will not result in an increase in water surface profile elevation in excess of one-half foot at a point one thousand feet upstream of the proposed structure;
(c) There are no buildings in the area impacted by the increases in water surface profile;
(d) The proposed bridge or culvert crossing will not involve straightening, enlarging, or relocating the existing channel;
(e) The design must be certified by a licensed professional engineer in the State of Illinois and the designs must meet the conditions of an IDNR/OWR permit; and
(f) The design must be certified by a second licensed professional engineer.
(2) Barge fleeting facilities meeting the following conditions of IDNR/OWR Statewide Permit Number 3:
(a) The permit is only applicable when deadmen, pier cells, or other similar anchorage devices have been permitted by the U.S. Army Corps of Engineers.
(3) Aerial utility crossings meeting the following conditions of IDNR/OWR Statewide Permit Number 4:
(a) The utility line must be constructed above the existing one hundred-year flood elevation or attached to an existing bridge;
(b) A utility line attached to an existing bridge shall be constructed above the low cord elevation of the bridge;
(c) No supporting towers or poles shall be located in a river, lake or stream;
(d) Supporting towers including foundation and poles shall be designed and located so as to not cause an obstruction of flood flows by trapping debris;
(e) All disturbed areas shall be returned to preconstruction grades and revegetated; and
(f) All Illinois Commerce Commission, National Electrical Safety Code, and federal requirements must be met.
(4) Minor boat docks meeting the following conditions of IDNR/OWR Statewide Permit Number 5:
(a) The boat dock must not extend more than fifty feet into a waterway and no more than one-quarter of the width of the waterway and shall not extend beyond the navigational limited established by the IDNR and Corps of Engineers;
(b) The width of the boat dock shall not be more than ten feet;
(c) For L-shaped or T-shaped docks, the length of that portion parallel to the shoreline must not exceed fifty percent of the landowner's shoreline frontage nor fifty feet;
(d) Docks must be aligned so as not to cross the projection of property lines into the waterway or come within ten feet of the projected property line;
(e) Dock posts must be marked by reflective devices;
(f) The boat dock must be securely anchored to prevent detachment during times of high wind or water;
(g) Metal drums or containers may not be used as buoyancy units unless they are filled with floatation foam. Containers which previously stored pesticides, herbicides, or any other toxic chemicals are not permissible;
(h) This permit does not authorize any other related construction activity such as shore protection or fill;
(i) Nonfloating boat docks must be constructed in a manner which will minimize obstruction to flow; and
(j) At any future date, the permittee must agree to make necessary modifications to the dock as determined by the IDNR or Corp of Engineers.
(5) Minor, nonobstructive activities meeting the following conditions of IDNR/OWR Statewide Permit Number 6:
(a) The following activities (not involving fill or positive change in grade) are covered by this permit:
1. The construction of underground utility lines, wells, or septic tanks not crossing a lake or stream;
2. The construction of light poles, sign posts, and similar structures;
3. The construction of sidewalks, driveways, athletic fields (excluding fences), patios, and similar structures;
4. The construction of properly anchored, unwalled, open structures such as playground equipment, pavilions, and carports;
5. The placement of properly anchored buildings not exceeding seventy square feet in size, nor ten square feet in any dimension. Only one such building on a property is authorized by this statewide permit; and
6. The raising of existing buildings, provided no changes are made to the outside dimensions of the building and the placement of fill is not involved.
(6) Outfall structures and drainage ditch outlets meeting the following conditions of IDNR/OWR Statewide Permit Number 7:
(a) Any outfall structure, including any headwall or end-section, shall not extend riverward or lakeward of the existing adjacent natural bank slope or adjacent bank protection;
(b) The velocity of the discharge shall not exceed the scour velocity of the channel soil, unless channel erosion would be prevented by the use of riprap or other design measures;
(c) Outlets from drainage ditches shall not be opened to a stream until the ditch is vegetated or otherwise stabilized to minimize stream sedimentation; and
(d) Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including the stream banks, shall be restored to their original contours and seeded or otherwise stabilized upon completion of construction.
(7) Underground pipeline and utility crossings meeting the conditions of IDNR/OWR Statewide Permit Number 8:
(a) In all cases, the crossing shall be placed beneath the bed of the river, lake or stream and, unless the crossing is encased in concrete or entrenched in bedrock, a minimum of three feet of cover shall be provided. The river, lake or stream bed shall be returned to its original condition;
(b) Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including stream banks, shall be restored to their original contours and seeded or otherwise stabilized upon completion of construction;
(c) Any utility crossing carrying material which may cause water pollution, as defined by the Environmental Protection Act (415 ILCS 5), shall be provided with shut-off valves on each side of the body of water to be crossed; and
(d) If blasting is to be utilized in the construction of the crossing, the permittee shall notify the IDNR/OWR at least ten days prior to the blasting date to allow monitoring of any related fish kills.
(8) Bank stabilization projects meeting the conditions of IDNR/OWR Statewide Permit Number 9:
(a) Only the following materials may be utilized in urban areas: stone and concrete riprap, steel sheet piling, cellular blocks, fabric-formed concrete, gabion baskets, rock and wire mattresses, sand/cement-filled bags, geotechnical fabric materials, natural vegetation and treated timber. Urban areas are defined as: areas of the state where residential, commercial, or industrial development currently exists or, based on land use plans or controls, is expected to occur within ten years. (The department should be consulted if there is a question of whether or not an area is considered urban).
(b) In addition to the materials listed in subsection (A)(8)(a) of this section, other materials (e.g., tire revetments) may be utilized in rural areas provided all other conditions of this permit are met.
(c) The following materials shall not be used in any case: auto bodies, garbage of debris, scrap lumber, metal refuse, roofing materials, asphalt or other bituminous materials, or any material which would cause water pollution as defined by the Environmental Protections Act (415 ILCS 5).
(d) The affected length of shoreline, stream bank, or channel to be protected shall not exceed, either singularly or cumulatively, one thousand feet.
(e) All material utilized shall be properly sized or anchored to resist anticipated forces of current and wave action.
(f) Materials shall be placed in a way which would not cause erosion or the accumulation of debris on properties adjacent to or opposite the project.
(g) Materials shall not be placed higher than the existing top of the bank.
(h) Materials shall be placed so that the modified bank full-width and cross-sectional area of the channel will conform to or be no more restrictive than that of the natural channel upstream and downstream of the site.
For projects involving continuous placement of riprap along the bank, toe of the bank or other similar applications, in no case shall the cross-sectional area of the natural channel be reduced by more than ten percent nor the volume of material placed exceed two cubic yards per lineal foot of the stream bank or shoreline. The bank may be graded to obtain a flatter slope and to lessen the quantity of material required.
(i) If broken concrete is used, all protruding materials such as reinforcing rods shall be cut flush with the surface of the concrete and removed from the construction area.
(j) Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed areas shall be seeded or otherwise stabilized upon completion of construction.
(k) In the case of seawalls and gabion structures on lakes, the structure shall be constructed at or landward of the water line as determined by the normal pool elevation, unless:
1. It is constructed in alignment with an existing seawall(s) or gabion structure(s); and
2. The volume of material placed, including the structure, would not exceed two cubic yards per lineal foot.
(l) Excess material excavated during the construction of the bank or shoreline protection shall be placed in accordance with local, state, and federal laws and rules, shall not be placed in a floodway.
(9) Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR Statewide Permit Number 10:
(a) The accessory structure or building addition must comply with the requirements of the local floodplain chapter;
(b) The principle structure to which the project is being added must have been in existence on the effective date of this permit (July 25, 1988);
(c) The accessory structure or addition must not exceed five hundred square feet in size and must not deflect floodwaters onto another property, and
(d) Must not involve the placement of any fill material;
(e) No construction shall be undertaken in, or within fifty feet of the bank of the stream channel;
(f) The accessory structure or addition must be properly anchored to prevent its movement during flood conditions;
(g) Only one accessory structure or addition to an existing structure shall be authorized by this permit; plans for any subsequent addition must be submitted to IDNR/OWR for review; and
(h) Disturbances of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas shall be seeded or otherwise stabilized upon completion of construction.
(10) Minor maintenance dredging activities meeting the following conditions of IDNR/OWR Statewide Permit Number 11:
(a) The affected length of the stream shall not either singularly or cumulatively exceed one thousand feet;
(b) The project shall not include the construction of any new channel; all work must be confined to the existing channel or to reestablishing flows in the natural stream channel;
(c) The cross-sectional area of the dredged channel shall conform to that of the natural channel upstream and down stream of the site;
(d) Dredged or spoil material shall not be disposed of in a wetland and shall be either:
1. Removed from the floodway,
2. Used to stabilize an existing bank provided no materials would be placed higher than the existing top of bank and provided the cross-sectional area of the natural channel would not be reduced by more than ten percent, nor the volume of material placed exceed two cubic yards per lineal foot of stream bank,
3. Used to fill an existing washed out or scoured floodplain area such that the average natural floodplain elevation is not increased,
4. Used to stabilize and existing levee provided the height of the levee would not be increased nor its alignment changed,
5. Placed in a disposal site previously approved by the department in accordance with the conditions of the approval, or
6. Used for beach nourishment, provided the material meets all applicable water quality standards;
(e) Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including the stream banks, shall be seeded or otherwise stabilized upon completion of construction.
(11) Bridge and culvert replacement structures and bridge widening meeting the following conditions of IDNR/OWR Statewide Permit Number 12:
(a) A licensed professional engineer shall determine and document that the existing structure has not been the cause of demonstrable flood damage. Such documentation shall include, at a minimum, confirmation that:
1. No buildings or structures have been impacted by the backwater induced by the existing structure; and
2. There is no record of complaints of flood damages associated with the existing structure.
(b) A licensed professional engineer shall determine that the new structure will provide the same or greater effective waterway opening as the existing structure. For bridge widening projects the existing piers and the proposed pier extensions must be in line with the direction of the approaching flow upstream of the bridge.
(c) The project shall not include any appreciable raising of the approach roads. (This condition does not apply if all points on the approaches exist at an elevation equal to or higher than the one hundred-year frequency flood headwater elevation as determined by a FEMA flood insurance study completed or approved by IDNR/OWR).
(d) The project shall not involve the straightening, enlargement or relocation of the existing channel of the river or stream except as permitted by the department's Statewide Permit Number 9 (Minor Shoreline, channel and Streambank Protection Activities) or Statewide Permit Number 11 (Minor Maintenance Dredging Activities).
(e) The permittee shall maintain records of projects authorized by this permit necessary to document compliance with the above conditions.
(12) Temporary construction activities meeting the following conditions of IDNR/OWR statewide Permit Number 13:
(a) No temporary construction activity shall be commenced until the individual permittee determines that the permanent structure (if any) for which the work is being performed has received all required federal, state and local authorizations.
(b) The term "temporary" shall mean not more than one construction season. All temporary construction materials must be removed from the stream and floodway within one year of their placement and the area returned to the conditions existing prior to the beginning of construction. Any desired subsequent or repetitive material placement shall not occur without the review and approval of the IDNR/OWR.
(c) The temporary project shall be constructed such that it will not cause erosion or damage due to increases in water surface profiles to adjacent properties. For locations where there are structures in the upstream floodplain, the temporary project shall be constructed such that all water surface profile increases, due to the temporary project, are contained within the channel banks.
(d) This permit does not authorize the placement or construction of any solid embankment or wall such as a dam, roadway, levee, or dike across any channel or floodway.
(e) No temporary structure shall be placed within any river or stream channel until a licensed professional engineer determines and documents that the temporary structure will meet the requirements of Special Condition Number 3 of this statewide permit. Such documentation shall include, at a minimum, confirmation that no buildings or structures will be impacted by the backwater induced by the temporary structure.
(f) The permittee shall maintain records of projects authorized by this permit necessary to document compliance with the above condition.
(g) Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed areas shall be seeded or otherwise stabilized upon completion of the removal of the temporary construction.
(h) Materials used for the project shall not cause water pollution as defined by the Environmental Protection Act (415 ILCS 5).
(13) Any development determined by IDNR/OWR to be located entirely within a flood fringe area shall be exempt from State Floodway permit requirements.
(B) Other development activities not listed in subsection A of this section may be permitted only if:
(1) Permit has been issued for the work by IDNR/OWR (or written documentation is provided that an IDNR/OWR permit is not required); or
(2) Sufficient data has been provided to FEMA when necessary, and approval obtained from FEMA for a revision of the regulatory map and base flood elevation.
(Ord. 2007-018, passed 6-4-07).
152.007 Protecting buildings.
(A) In addition to the damage prevention requirements of Section 152.006 of this chapter, all buildings located in the floodplain shall be protected from flood damage below the flood protection elevation. This building protection requirement applies to the following situations:
(1) Construction or placement of a new building or alteration or addition to an existing building valued at more than one thousand dollars or seventy square feet;
(2) Substantial improvements or structural alterations made to an existing building that increase the floor area by more than twenty percent or equal or exceed the market value by fifty percent. Alteration shall be figured cumulatively during the life of the building. If substantially improved, the existing structure and the addition must meet the flood protection standards of this section;
(3) Repairs made to a substantially damaged building. These repairs shall be figured cumulatively during the life of the building. If substantially damaged the entire structure must meet the flood protection standards of this section;
(4) Installing a manufactured home on a new site or a new manufactured home on an existing site. (The building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage);
(5) Installing a travel trailer or recreational vehicle on a site for more than one hundred eighty days per year; and
(6) Repetitive loss to an existing building as defined in Section 152.002.
(B) Residential or nonresidential buildings can meet the building protection requirements by one of the following methods:
(1) The building may be constructed on permanent land fill in accordance with the following:
(a) The lowest floor (including basement) shall be at or above the flood protection elevation;
(b) The fill shall be placed in layers no greater than six inches before compaction and should extend at least ten feet beyond the foundation before sloping below the flood protection elevation;
(c) The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or other structural measure;
(d) The fill shall be composed of rock or soil and not incorporated debris or refuse material; and
(e) Shall not adversely affect the flow of surface drainage from or onto neighboring properties and when necessary stormwater management techniques such as swales or basins shall be incorporated.
(2) The building may be elevated on solid walls in accordance with the following:
(a) The building or improvements shall be elevated on stilts, piles, walls, crawlspace, or other foundation that is permanently open to floodwaters;
(b) The lowest floor and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection elevation;
(c) If walls are used, all enclosed areas below the flood protection elevation shall address hydrostatic pressures by allowing the automatic entry and exit of floodwaters. Designs must either be certified by a licensed professional engineer or by having a minimum of one permanent opening on each wall no more than one foot above grade with a minimum of two openings. The openings shall provide a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the base flood elevation; and
(d) The foundation and supporting members shall be anchored, designed, and certified so as to minimize exposure to hydrodynamic forces such as current, waves, ice, and floating debris.
1. All structural components below the flood protection elevation shall be constructed of materials resistant to flood damage.
2. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other service facilities may be located below the flood protection elevation provided they are waterproofed.
3. The area below the flood protection elevation shall be used solely for parking or building access and not later modified or occupied as habitable space; or
4. In lieu of the above criteria, the design methods to comply with these requirements may be certified by a licensed professional engineer or architect.
(3) The building may be constructed with a crawlspace located below the flood protection elevation provided that the following conditions are met:
(a) The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(b) Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. A minimum of one opening on each wall having a total net area of not less than one square inch per one square foot of enclosed area. The openings shall be no more than one foot above grade;
(c) The interior grade of the crawlspace below the flood protection elevation must not be more than two feet below the lowest adjacent exterior grade;
(d) The interior height of the crawlspace measured from the interior grade of the crawl to the top of the foundations wall must not exceed four feet at any point;
(e) An adequate drainage system must be installed to remove floodwaters from the interior area of the crawlspace within a reasonable period of time after a flood event;
(f) Portions of the building below the flood protection elevation must be constructed with materials resistant to flood damage; and
(g) Utility systems within the crawlspace must be elevated above the flood protection elevation.
(C) Nonresidential buildings may be structurally dry floodproofed (in lieu of elevation) provided a licensed professional engineer or architect certifies that:
(1) Below the flood protection elevation the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood;
(2) The building design accounts for flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and the impact from debris and ice;
(3) Floodproofing measures will be incorporated into the building design and operable without human intervention and without an outside source of electricity; and
(4) Levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this subsection.
(D) Manufactured homes or travel trailers to be permanently installed on-site shall be:
(1) Elevated to or above the flood protection elevation in accordance with subsection B of this section; and
(2) Anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the rules and regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to 77 Ill. Adm. Code Section 870.
(E) Travel trailers and recreational vehicles on-site for more than one hundred eighty days per year shall meet the elevation requirements of subsection D of this section unless the following conditions are met:
(1) The vehicle must be either self-propelled or towable by a light duty truck;
(2) The hitch must remain on the vehicle at all times;
(3) The vehicle must not be attached to external structures such as decks and porches;
(4) The vehicle must be designed solely for recreation, camping, travel, or seasonal use rather than as a permanent dwelling;
(5) The vehicles largest horizontal projections must be no larger than four hundred square feet;
(6) The vehicle's wheels must remain on axles and inflated;
(7) Air conditioning units must be attached to the frame so as to be safe for movement of the floodplain;
(8) Propane tanks as well as electrical and sewage connections must be quick-disconnect and above the one hundred-year flood elevation;
(9) The vehicle must be licensed and titled as a recreational vehicle or park model; and
(10) Must either:
(a) Entirely be supported by jacks, or
(b) Have a hitch jack permanently mounted, have the tires touching the ground and be supported by block in a manner that will allow the block to be easily removed by used of the hitch jack.
(F) Garages, sheds or other minor accessory structures constructed ancillary to an existing residential use may be permitted provided the following conditions are met:
(1) The garage of shed must be nonhabitable;
(2) The garage or shed must be used only for the storage of vehicles and tools and cannot be modified later into another use;
(3) The garage or shed must be located outside of the floodway or have the appropriate state and/or federal permits;
(4) The garage or shed must be on a single-family lot and be accessory to an existing principle structure on the same lot;
(5) Below the base flood elevation, the garage or shed must be built of materials not susceptible to flood damage;
(6) All utilities, plumbing, heating, air conditioning and electrical must be elevated above the flood protection elevation;
(7) The garage or shed must have at least one permanent opening on each wall not more than one foot above grade with one square inch of opening for every one square foot of floor area;
(8) The garage or shed must be less than ten thousand dollars in market value or replacement cost whichever is greater or less than five hundred square feet;
(9) The structure shall be anchored to resist floatation and overturning;
(10) All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be stored above the flood protection elevation; and
(11) The lowest floor elevation should be documented and the owner advised of the flood insurance implications.
(Ord. 2007-018, passed 6-4-07).
152.008 Subdivision requirements.
The Village of Riverton shall take into account hazards, to the extent that they are known, in all official actions related to land management use and development.
(A) New subdivisions, manufactured home parks, annexation agreements, planned unit developments, and additions to manufactured home parks and subdivisions shall meet the damage prevention and building protections standards of Sections 152.006 and 152.007 of this chapter. Any proposal for such development shall include the following data:
(1) The base flood elevation and the boundary of the floodplain, where the base flood elevation is not available from an existing study, the applicant shall be responsible for calculating the base flood elevation;
(2) The boundary of the floodway when applicable; and
(3) A signed statement by a registered professional engineer that the proposed plat or plan accounts for changes in the drainage of surface waters in accordance with the Plat Act (765 ILCS 205/2).
Streets, blocks lots, parks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams and channels. Wherever possible, the floodplains shall be included within parks or other public grounds.
(Ord. 2007-018, passed 6-4-07).
152.009 Public health and other standards.
(A) Public health standards must be met for all floodplain development. In addition to the requirements of Sections 152.006 and 152.007 of this chapter the following standards apply:
(1) No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of Section 152.007 of this chapter;
(2) Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage;
(3) Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters;
(4) New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other aboveground openings located below the flood protection elevation shall be watertight; and
(5) Construction of new or substantially improved critical facilities shall be located outside the limits of the floodplain. Construction of new critical facilities shall be permissible within the floodplain if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor (including basement) elevated or structurally dry floodproofed to the five hundred-year flood frequency elevation or three feet above the level of the one hundred-year flood frequency elevation whichever is greater. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities.
(B) All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages.
(Ord. 2007-018, passed 6-4-07).
152.010 Carrying capacity and notification.
For all projects involving channel modification, fill, or stream maintenance (including levees), the flood-carrying capacity of the watercourse shall be maintained.
In addition, the Village of Riverton shall notify adjacent communities in writing thirty days prior to the issuance of a permit for the alteration or relocation of the watercourse.
(Ord. 2007-018, passed 6-4-07).
152.011 Variances.
Whenever the standards of this chapter place undue hardship on a specific development proposal, the applicant may apply to the village for a variance. The zoning board of appeals shall review the applicant's request for a variance and shall submit its recommendation to the village board. The village board may attach such conditions to granting of a variance as it deems necessary to further the intent of this chapter.
(A) No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:
(1) The development activity cannot be located outside the floodplain;
(2) An exceptional hardship would result if the variance were not granted;
(3) The relief requested is the minimum necessary;
(4) There will be no additional threat to public health, safety or creation of a nuisance;
(5) There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities;
(6) The applicant's circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and
(7) All other state and federal permits have been obtained.
(B) The zoning board of appeals shall notify an applicant in writing that a variance from the requirements of the building protections standards of Section 152.007 that would lessen the degree of protection to a building will:
(1) Result in increased premium rates for flood insurance up to twenty-five dollars per one hundred dollars of insurance coverage;
(2) Increase the risk to life and property; and
(3) Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.
(C) Variances to the building protection requirements of Section 152.007 of this chapter which are requested in connection with reconstruction, repair, or alteration of a historic site or historic structure as defined in "Historic Structures," may be granted using criteria more permissive than the requirements of Sections 152.006 and 152.007 of this chapter subject to the conditions that:
(1) The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure; and
(2) The repair or rehabilitation will not result in the structure being removed as a certified historic structure.
(Ord. 2007-018, passed 6-4-07).
152.012 Disclaimer of liability.
The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes. This chapter does not imply that development either inside or outside of the floodplain will be free from flooding or damage. This chapter does not create liability on the part of the Village of Riverton or any officer or employee thereof for any flood damage that results from proper reliance on this chapter or any administrative decision made lawfully thereunder.
(Ord. 2007-018, passed 6-4-07).
152.013 Penalty.
Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this chapter. Upon due investigation, the zoning board of appeals may determine that a violation of the minimum standards of this chapter exists. The zoning board of appeals shall notify the owner in writing of such violation.
(A) If such owner fails after ten days' notice to correct the violation:
(1) The Village of Riverton shall make application to the circuit court for an injunction requiring conformance with this chapter or make such other order as the court deems necessary to secure compliance with the chapter;
(2) Any person who violates this chapter shall upon conviction thereof be fined not less than fifty dollars or more than seven hundred fifty dollars for each offense;
(3) A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues; and
(4) The Village of Riverton shall record a notice of violation on the title of the property.
(B) The zoning board of appeals shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended.
The zoning board of appeals is authorized to issue an order requiring the suspension of the subject development. The stop-work order shall be in writing, indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop-work order. The stop-work order constitutes a suspension of the permit.
No site development permit shall be permanently suspended or revoked until a hearing is held by the zoning board of appeals. Written notice of such hearing shall be served on the permittee and shall state:
(1) The grounds for the complaint, reasons for suspension or revocation; and
(2) The time and place of the hearing.
At such hearing, the permittee shall be given an opportunity to present evidence on their behalf. At the conclusion of the hearing, the zoning board of appeals shall determine whether the permit shall be suspended or revoked.
(C) Nothing herein shall prevent the Village of Riverton from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.
(Ord. 2007-018, passed 6-4-07).
152.014 Abrogation and greater restrictions.
This chapter repeals and replaces other chapters adopted by the Village of Riverton to fulfill the requirements of the National Flood Insurance Program. However, this chapter does not repeal the original resolution or chapter adopted to achieve eligibility in the program. Nor does this chapter repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this chapter and other chapter easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(Ord. 2007-018, passed 6-4-07).
152.015 Severability.
The provisions and sections of this chapter shall be deemed separable and the invalidity of any portion of this chapter shall not affect the validity of the remainder.
(Ord. 2007-018, passed 6-4-07).
CHAPTER 153 Sections:
153.001 Definitions.
153.002 Liquor sale and consumption prohibited.
153.003 Location.
153.004 Criminal background requirement.
153.005 Permit review.
153.006 Action by chief of police.
153.007 Action by corporate authorities.
153.008 Exterior display.
153.009 Existing adult uses.
153.010 Permit renewal.
153.011 Offenses.
153.012 Penalties.
153.013 Enlargement or change in nature of use.
153.014 Guide to interpretation.
153.015 Severability. Prior Ord. History: 84-014
153.001 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively prescribed to them by this section:
(A) "Adult bookstore" means an establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities," or "specified anatomical areas;" or an establishment with a segment or section devoted to the sale or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.
(B) "Adult club" means a public or private establishment, a primary purpose of which is to provide members or guests with a venue to perform "specified sexual activities" with other members or guests.
(C) "Adult entertainment cabaret" means a public or private establishment which (i) features topless dancers, strippers, "go-go" dancers, male or female impersonators, lingerie or bathing suit fashion shows; (ii) not infrequently features entertainers who display "specified anatomical areas"; or (iii) features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or features entertainers who engage in, or are engaged in explicit simulation of, "specified sexual activities".
(D) "Adult motion picture theater" means a building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
(E) "Adult novelty store" means an establishment having a substantial or significant portion of its sales or stock in trade consisting of toys, devices, clothing "novelties", lotion and other items distinguished or characterized by their emphasis on or use for "specialized sexual activities" or "specified anatomical areas" or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.
(F) "Adult entertainment facility" as defined by Section 11-5-1.5 of the Illinois Municipal Code, "a striptease club or a pornographic movie theatre whose business is the commercial sale, dissemination, or distribution of sexually explicit material, shows or other exhibitions or an adult book store or adult video store whose primary business is the commercial sale, dissemination, or distribution of sexually explicit material, shows or other exhibitions."
(G) "Adult use" means adult bookstores, adult motion picture theaters, adult entertainment cabarets, adult entertainment facilities, adult novelty stores, adult clubs, and other similar uses of property within the village.
(H) "Specified sexual activities" means: (i) human genitals in the state of sexual stimulation or arousal; (ii) acts of human masturbation, sexual intercourse or sodomy; and (iii) fondling or other erotic touching of human genitals, pubic region, buttock or female breasts; and excretory functions as part of or in connection with any of the foregoing activities.
(I) "Specified anatomical areas" means: (a) less than completely and opaquely covered: (i) human genitals, (ii) pubic region, (iii) buttock, (iv) female breasts below a point immediately above the top of the areola; and (b) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Ord. 2001-014, passed 8/6/01).
153.002 Liquor sale and consumption prohibited.
No liquor license shall be issued and no liquor shall be sold or consumed on the premises of any adult use.
(Ord. 2001-014, passed 8/6/01).
153.003 Location.
Adult uses are permitted only in areas zoned I-1 or 1-2, or AG under the Zoning Chapter of this Code of Ordinances, provided:
(1) No structure containing an adult use, and no sign advertising its location or existence, shall be located within three hundred feet of the property line of any property which is zoned residential or used for residences, churches, schools, parks or another adult use.
(2) In accordance with Section 11-5-1.5 of the Illinois Municipal Code, no adult entertainment facility shall be located within one thousand feet of the property boundaries of any school, day care center, cemetery, public park, forest preserve, public housing, and place of religious worship;
(3) No adult use shall be located in a building in which there is an establishment selling alcoholic liquors.
(Ord. 2001-014, passed 8/6/01).
153.004 Criminal background requirement.
No permit shall be issued to a person who has been convicted of any felony or misdemeanor involving prostitution, obscenity or other offense of a sexual nature, or to a business entity, any manager or owner of five percent or more of the interest of which has been convicted of such a crime.
(Ord. 2001-014, passed 8/6/01).
153.005 Permit review.
Permits for constructing or occupying an adult use shall be issued only after the following review process. The applicant shall apply to the zoning administrator for the permit; the application shall be accompanied by a three hundred fifty dollar application fee. The application shall be on a form substantially in the form attached hereto as Appendix A.
The zoning administrator shall provide a copy of the application to the chief of police, and shall process the portion of the application marked "For zoning administrator's review" and shall forward the application to the plan commission for review. Within sixty days of filing, the plan commission shall conduct a review of the application for conformance with the zoning subdivision, and adult use chapters of the Village code of ordinances. The plan commission shall render a recommendation to the village board as to whether the proposed adult use conforms with all village ordinances, and may recommend conditions on the development and operation of the adult use related to site plan, floor plan, construction materials, lighting, parking and circulation, ingress and egress, landscaping and screening, and signage in order to assure that the design and operation of the adult use is in conformance with all village ordinances and is compatible with surrounding uses.
(Ord. 2001-014, passed 8/6/01).
153.006 Action by chief of police.
The chief of police shall run a criminal background check on all persons disclosed by the application to have a five percent or greater ownership interest in the permit application, in order to verify that no such persons have been convicted of the crimes of prostitution, obscenity, or other crimes of a sexual nature. The chief of police shall report his findings to the village board.
(Ord. 2001-014, passed 8/6/01).
153.007 Action by corporate authorities.
Within thirty days of receipt of the plan commission's recommendation, the village board shall, by resolution, duly made, seconded, passed, and signed by the village president, grant or deny the permit. The village board's action shall specify the location, by legal description and common address, of the adult use, and shall specify the nature of the adult use permitted. The village board may place conditions on the adult use. The village board's determination is a final agency action subject to administrative review.
(Ord. 2001-014, passed 8/6/01).
153.008 Exterior display.
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
(Ord. 2001-014, passed 8/6/01).
153.009 Existing adult uses.
Any adult use which existed lawfully, but which became nonconforming upon the adoption of this ordinance, may be continued as hereinafter provided:
(a) Upon written notice from the village to the owners or interests therein that any building, structure, lot or regulated use is nonconforming under the provisions of the Zoning Ordinance as amended, the owners or interests therein shall, within two months from the date of such notice, apply to the village clerk for a certificate of nonconformance.
(b) Failure to apply for a certificate of nonconformance within two months of the notice provided in Section (a) above will require the amortization of the nonconformance within six months of the notice provided for in Section (a).
(c) Nonconformances that have applied for certificate of nonconformance from the village clerk shall be discontinued within one year of the notice provided in Section (a) above.
(Ord. 2001-014, passed 8/6/01).
153.010 Permit renewal.
(A) Except as set forth in subsection (B) of this section, a permit granted pursuant to this ordinance is valid until December 31 of the year in which it is granted. During the month of December of each year, each licensee shall apply for a permit renewal, using the permit renewal application set forth as Appendix B to this ordinance. A renewal permit, when granted, shall be valid until December 31 of the following year. The annual permit renewal fee shall be fifty dollars.
(B) Upon any change in ownership of greater than five percent of a corporate or LLC licensee, the licensee shall apply for a permit renewal, using application set forth in Appendix B to this ordinance. The renewal permit shall be valid until December 31 of the year in which it was issued.
(C) The chief of police shall run a criminal background check on all persons disclosed by a renewal application under either subsection (A) or (B) to have a five percent or greater ownership interest in the applicant, in order to verify that no such persons have been convicted of the crimes of prostitution, obscenity, or other crimes of a sexual nature. The chief of police shall report his findings to the village president. Renewal permits shall be granted by the village president unless the village president finds that the applicant is in violation of this chapter or any other provision of the Village of Riverton Code of ordinances, or of the conditions of the original permit. Any denial of a renewal permit application is subject to administrative review.
(Ord. 2001-014, passed 8/6/01).
153.011 Offenses.
(A) No natural person, and no legal person such as a corporation, limited liability company, or other business entity shall own, manage, or operate an adult use within the corporate limits of the village without a permit from the village obtained in accordance with this chapter.
(B) No natural person, and no legal person such as a corporation, limited liability company, or other business entity shall provide false information on an application for an adult use permit.
(C) No natural person, and no legal person such as a corporation, limited liability company, or other business entity shall own, manage or operate an adult use within the corporate limits of the village except in conformance with this chapter.
(Ord. 2001-014, passed 8/6/01).
153.012 Penalties.
Natural and legal persons found guilty of violating this chapter shall, upon conviction thereof, be subject to a fine of not less than two hundred fifty or more than seven hundred fifty dollars. Each day a violation occurs shall be deemed a separate offense. Where a corporation, limited liability company or other legal person owns or operates an adult use, all officers, directors, managers and employees who knowingly participated in management decisions shall be liable to the same extent as the legal person.
(Ord. 2001-014, passed 8/6/01).
153.013 Enlargement or change in nature of use.
An adult use permit is specific to a location and to a use. No adult use may be enlarged, nor the nature of the adult use changed, without the owner and manager thereof securing a new permit.
(Ord. 2001-014, passed 8/6/01).
153.014 Guide to interpretation.
Nothing in this chapter shall be construed as permitting or endorsing any activity or use which violates state or federal law, including but not limited to laws pertaining to obscenity, prostitution, and solicitation.
(Ord. 2001-014, passed 8/6/01).
153.015 Severability.
The provisions of this chapter are severable. If any provision of this chapter, or if Section 11-5-1.5 of the Illinois Municipal Code is invalidated by a court of law, then the offending section of this chapter, shall be severed and the remainder of the chapter shall be enforced to the full extent possible.
(Ord. 2001-014, passed 8/6/01)
Chapter 154 Sections:
154.001 Purpose.
154.002 Relationship to zoning ordinance.
154.003 Definitions.
154.004 Applicability.
154.005 General requirements.
154.006 Permitted uses.
154.007 Administratively approved uses.
154.008 Special use permits.
154.009 Buildings or other equipment storage.
154.010 Removal of abandoned antennas and towers.
154.011 Nonconforming uses.
154.012 Special procedures for special use determinations.
154.013 Severability.
154.001 Purpose.
The purpose of this chapter is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this chapter are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in non-residential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Village of Riverton shall give due consideration to its comprehensive plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
(Ord. 99-005, passed 3-1-99).
154.002 Relationship to zoning ordinance.
This chapter is closely related to and shall be interpreted together with the zoning chapter, Chapter 151, of the Village of Riverton Code of Ordinances. All terms contained in this chapter shall have the same meanings as when used in Chapter 151, unless the context clearly indicates otherwise. However, in the event of any conflict between this chapter and Chapter 151, this chapter shall control.
(Ord. 99-005, passed 3-1-99).
154.003 Definitions.
As used in this chapter, the following terms shall have the meanings set forth below:
"Alternative tower structure" means man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
"Antenna" means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
"Backhaul network" means the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
"FAA" means the Federal Aviation Administration.
"FCC" means the Federal Communications Commission.
"Height" means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
"Preexisting towers and preexisting antennas" means any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of the ordinance codified in this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
"Village" refers to the Village of Riverton.
"Zoning chapter" refers to Chapter 151 of the Code of Ordinances of the Village of Riverton.
(Ord. 99-005, passed 3-1-99).
154.004 Applicability.
(A) New Towers and Antennas. All new towers or antennas in Village of Riverton shall be subject to these regulations, except as provided in subsections (B) through (D), inclusive, of this section.
(B) Amateur Radio Station Operators/Receive Only Antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under seventy feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.
(C) Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of Sections 154.005(F) and (G) of this chapter.
(D) AM Array. For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
(Ord. 99-005, passed 3-1-99).
154.005 General requirements.
(A) Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses under the zoning chapter. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(B) Lot Size. For purposes of determining whether the installation of a tower or antenna complies with zoning district regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(C) Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the zoning administrator an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Village of Riverton or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The zoning administrator may share such information with other applicants applying for administrative approvals or special use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of Village of Riverton, provided, however that the zoning administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(D) Aesthetics. Towers and antennas shall meet the following requirements:
(1) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.
(3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(E) Lighting. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(F) State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(G) Building Codes– Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Village of Riverton concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(H) Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities.
(I) Franchises. Owners and/or operators of towers or antennas shall certify, that all franchises required by law for the construction and/or operation of a wireless communication system in Village of Riverton have been obtained and shall file a copy of all required franchises with the zoning administrator.
(J) Public Notice. For purposes of this chapter, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Table 2 of Section 154.008(B)(5)(b) of this chapter, in addition to any notice otherwise required by the zoning ordinance.
(K) Signs. No signs shall be allowed on an antenna or tower.
(L) Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Section 154.009 of this chapter.
(M) Multiple Antenna/Tower Plan. Village of Riverton encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
(Ord. 99-005, passed 3-1-99).
154.006 Permitted uses.
(A) General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit.
(B) Permitted Uses. The following uses are specifically permitted:
(1) Antennas or towers located on property owned, leased, or otherwise controlled by Village of Riverton, provided a license or lease authorizing such antenna or tower has been approved by Village of Riverton.
COMMERCIAL DISTRICTS (C-1 AND C-2)
INDUSTRIAL DISTRICTS (I-1 AND I-2)
EXCEPTIONS AND MODIFICATIONS
ADMINISTRATION
DEVELOPMENT IN FLOODPLAIN AREAS
ADULT USES
WIRELESS COMMUNICATIONS TOWERS
| Off-Site Use/ Designated Area | Separation Distance |
| Single-family or duplex residential units1 | 200 feet or 300% height of tower whichever is greatest |
| Vacant single-family duplex residentially zoned or land which is either platted or has preliminary subdivision plan approval which is not expired. | 200 feet or 300% height of tower2 |
| Vacant unplatted residentially zoned lands3 | 100 feet or 100% height of tower whichever is greater |
| Existing multi-family residential units greater than duplex units | 100 feet or 100% height of tower whichever is greatest |
| Non-residentially zoned lands or non-residential uses | None; only setbacks apply |
| Notes: | |
| 1 Includes modular homes and mobile homes used for living purposes. | |
| 2 Separation measured from base of tower to closest building setback line. | |
| 3 Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex. | |
(b) Separation Distances Between Towers.
1. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distance (listed in linear feet) shall be shown in Table 2 of this section.
Table 2
EXISTING TOWERS– TYPES
| Lattice | Guyed | Monopole 75 Ft. in Height or Greater | Monopole Less Than 75 Ft. in Height | |
| Lattice | 5,000 | 5,000 | 1,500 | 750 |
| Guyed | 500 | 500 | 1,500 | 750 |
| Monopole 75 ft. in height or greater | 1,500 | 1,500 | 1,500 | 750 |
| Monopole less than 75 ft. in height | 750 | 750 | 750 | 750 |
(6) Security Fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the planning commission may waive such requirements, as it deems appropriate.
(7) Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the planning commission may waive such requirements if the goals of this chapter would be better served thereby.
(a) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(b) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
(c) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(Ord. 99-005, passed 3-1-99).
154.009 Buildings or other equipment storage.
(A) Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(1) The cabinet or structure shall not contain more than two hundred twenty-five square feet of gross floor area or be more than fifteen feet in height. In addition, for buildings and structures which are less than sixty-five feet in height, the related unmanned equipment structure, if over one hundred fifty square feet of gross floor area or eight feet in height, shall be located on the ground and shall not be located on the roof of the structure.
(2) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than ten percent of the roof area.
(3) Equipment storage buildings or cabinets shall comply with all applicable building codes.
(B) Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(1) In residential districts, the equipment cabinet or structure may be located:
(a) In a front or side yard provided the cabinet or structure is no greater than three feet in height or sixteen square feet of gross floor area and the cabinet/ structure is located a minimum of fifteen feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least forty-two to forty-eight inches and a planted height of at least thirty-six inches.
(b) In a rear yard, provided the cabinet or structure is no greater than five feet in height or twenty-five square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight (8) feet and a planted height of at least thirty-six inches.
(2) In commercial or industrial districts the equipment cabinet or structure shall be no greater than five feet in height or twenty-five square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least thirty-six inches.
(C) Antennas Located on Towers. The related unmanned equipment structure shall not contain more than two hundred twenty-five square feet of gross floor area or be more than fifteen feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
(D) Modification of Building Size Requirements. The requirements of subsections (A) through (C) of this section may be modified by the zoning administrator in the case of administratively approved uses or by the planning commission in the case of uses permitted by special use to encourage collocation.
(Ord. 99-005, passed 3-1-99).
154.010 Removal of abandoned antennas and towers.
Any antenna or tower that is not operated for a continuous period of twelve months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety days of receipt of notice from the Village of Riverton notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety day shall be grounds to remove the tower or antenna at the owners expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(Ord. 99-005, passed 3-1-99).
154.011 Nonconforming uses.
(A) No Expansion of Nonconforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure.
(B) Preexisting Towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.
(C) Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding Section 154.010 of this chapter, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in Section 154.008(B)(4) and (B)(5) of this chapter. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Section 154.010 of this chapter.
(Ord. 99-005, passed 3-1-99).
154.012 Special procedures for special use determinations.
The procedures for special uses shall be the same as in the zoning chapter with respect to a public hearing and approval of the special use by ordinance of the corporate authorities. However, the following requirements, peculiar to the Telecommunications Act, shall apply:
(A) If the applicant shows that the antenna tower and the equipment to be installed thereon meet all requirements of the FCC, the planning commission shall disallow and disregard evidence regarding the environmental effects (including interference) of radio frequency emissions, and the village board shall disregard any such evidence in making its final determination.
(B) All findings of the planning commission shall be in writing and shall be based on substantial evidence.
(C) Since the Telecommunications Act requires a written record, there shall be a certified shorthand reporter present at any public hearing, and a written transcript shall be prepared of any public hearing.
(D) The village board shall not take final action on a special use permit application until all fees required to be paid, including reimbursement of the cost of an engineering review, have been paid.
(Ord. 99-005, passed 3-1-99).
154.013 Severability.
The various parts, sections and clauses of this chapter are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the chapter shall not be affected thereby.
(Ord. 99-005, passed 3-1-99).
Chapter 155 Sections:
155.001 Requirements in residential districts.
155.002 Requirements in commercial and industrial districts.
155.003 Permits.
155.004 Variances.
155.005 Recreational purpose fences.
155.006 Swimming pool fences.
155.007 Violation of chapter prohibited.
155.008 Penalties.
155.009 Nuisance declared.
155.010 Grandfather clause– Grace period for certain fences.
155.001 Requirements in residential districts.
All fences within residential zoning districts shall comply with the following specifications:
(A) A fence located in a required front yard shall be at least fifty percent open, and no fence in a required front yard may exceed four feet in height measured from ground level. A clearance of three inches shall be allowed for installation purposes and shall not count in determining the height of a fence. No privacy fence may be located in the front of a residence on the same zoning lot.
(B) A privacy fence located on the side street of a corner lot shall be restricted to the same setback requirements as a building or structure.
(C) No fence may exceed eight feet in height above ground level.
(D) No fence may be constructed from barbed wire, metal spikes, or any other sharp pointed materials. All chain link fences shall be installed with the knuckle portion of the fence up and with the barb portion of the fence at or near the ground. No fence may be electrified.
(E) No fence may be located so as to hinder access to any easement or right-of-way for a public or village-owned utility, including but not limited to gas, water, sewer, telephone, electric and cable television.
(F) A through lot shall be considered as having two front yards for fence purposes. One front yard is the yard in front of the residence located on the through lot. The other front yard shall be the area lying between the street located to the rear of the residence on the through lot, and a line which is the average setback from such street for all residences facing such street for the block. The rear yard of a through lot shall be all the area between the two front yards.
(G) Support poles on privacy fences shall be so placed as to be hidden from view from adjoining lots.
(Ord. 2000-30, passed 7-17-00).
155.002 Requirements in commercial and industrial districts.
All fences within commercial and industrial zoning districts shall comply with the following specifications:
(A) A fence erected in a required front yard shall be at least fifty percent open.
(B) A privacy fence erected on the side street of a corner lot shall be restricted to the same setback requirements as a building or structure.
(C) No fence may exceed a height of eight feet above ground level. A clearance of three inches shall be allowed for installation purposes and shall not count in determining the height of a fence.
(D) No fence may be constructed with barbed wire, metal spikes, or any other sharp pointed materials unless the sharp pointed materials are erected at least six feet above ground level, but not higher than eight feet above ground level. All chain link fences shall be installed with the barbed portion of a fence at or near the ground unless it is installed at least six feet above ground level. No fence may be electrified.
(E) No fence may be so located as to hinder access to any easement or right-of-way for a public or village-owned utility, including but not limited to gas, water, sewer, telephone, electric and cable television.
(F) Support poles on privacy fences shall be hidden from view from adjoining lots.
(Ord. 2000-30, passed 7-17-00).
155.003 Permits.
(A) No fence may be erected unless a fence permit is obtained from the office of the zoning administrator at a cost of ten dollars. The application for permit shall be signed by all owners of record of the property on which the fence is to be erected. No work shall start until the permit has been obtained. A contractor or owner starting work prior to applying for and receiving said permit shall subject to a twenty-five dollar fine. This fine may be in addition to, and not in lieu of, any additional fines or penalties that are provided for in this chapter.
(B) A fence permit is null and void after one year from the date of issuance if the fence authorized by the permit has not been completed.
(C) The zoning administrator may order work to stop on the construction of any fence as to which no permit has been obtained.
FENCES
| USE | MAXIMUM HEIGHT (Feet) |
| Tennis court (public or private) | 12 |
| Baseball diamond backstop (public or private) | 16 |
| Swimming pools (public) | 8 |
| Elementary, middle or high schools (Public or private) | 8 |
155.006 Swimming pool fences.
The provisions of this chapter shall not apply to swimming pool fences, which are regulated by Chapter 114 of this code.
(Ord. 2000-30, passed 7-17-00).
155.007 Violation of chapter prohibited.
No person, firm or corporation shall own, construct or maintain any fence in violation of this chapter. No person, firm or corporation shall fail or refuse to comply with a stop work order issued by the zoning administrator pursuant to this chapter. All owners of record of property on which a fence is constructed or maintained, and all persons who control such property, are responsible for compliance of such fence with this chapter.
(Ord. 2000-30, passed 7-17-00).
155.008 Penalties.
Any person violating any provision of this chapter shall upon conviction thereof be subject to a fine of not less than one hundred dollars nor more than seven hundred fifty dollars. Each day a fence in violation of this chapter continues in existence shall be deemed a separate violation.
(Ord. 2000-30, passed 7-17-00).
155.009 Nuisance declared.
Any fence constructed or maintained in violation of this chapter is hereby declared a nuisance. The corporate authorities of the village may, in their discretion, apply to an appropriate court for an order abating any such nuisance, in addition to any other remedies available to the village under this chapter or at law or in equity.
(Ord. 2000-30, passed 7-17-00).
155.010 Grandfather clause– Grace period for certain fences.
(A) Except as stated in subsection (B) of this section, no fence lawfully existing as of the effective date of the ordinance codified in this chapter and not within an easement owned by the village or within an easement dedicated to the public use shall be rendered illegal solely because of this chapter. However, no fence which does not conform to this chapter shall be enlarged or heightened; nor shall such a fence, if removed, be replaced; nor shall such a fence, if damaged to an extent greater than fifty percent of its full replacement value, be reconstructed.
(B) All fences in the village which violate Sections 155.001(D) and 155.002(D) shall be brought into compliance therewith, or removed, within ninety days of the effective date of the ordinance codified in this chapter.
(C) A fence which is located within a public or utility right-of-way shall be removed within fourteen days of request by the village. This provision is not a limitation on the authority of the village to remove such a fence in its sole discretion.
(Ord. 2000-30, passed 7-17-00).
Chapter 156 Sections:
156.001 Adoption of international building code.
156.002 Adoption of one- and two-family dwelling code.
156.003 Exceptions to adoption by reference.
156.004 Maintenance of records by clerk.
156.005 Creation of office to enforce code.
156.006 Appeals from decisions of the building code administrator.
156.007 Inspection and enforcement.
156.008 Building permits.
156.009 Inspections and certificates of occupancy.
156.010 Penalties.
156.011 Stop work orders.
156.012 Resolution of conflicts among codes.
156.013 Grandfather clause.
156.001 Adoption of international building code.
(A) Pursuant to Section 1-3-1 of the Illinois Municipal Code, the 2006 edition of the International Building Codes as published by the International Code Council, ("the IBC") is hereby adopted as the Building Code of the Village of Riverton. The IBC shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, use, location, occupancy, and maintenance of all buildings and structures, other than one- and two-family dwellings, and shall apply to existing or proposed building and structures, except if such matters are otherwise provided for in the ordinance codified in this chapter or in other ordinances or statutes or rules or regulations of the Village of Riverton, Illinois.
(Ord. 2007-016, passed 5-21-07).
156.002 Adoption of one- and two-family dwelling code.
Pursuant to Section 1-3-1 of the Illinois Municipal Code, the 2006 edition of the International Residential Code for One and Two Family Dwellings as published by the International Code Council, (the "IRC") is hereby adopted by reference as the One and Two Family Dwelling Code of the Village of Riverton. The IRC shall control all matters concerning construction, prefabrication, alteration, repair, use, occupancy, and maintenance of detached one- or two-family dwellings and one-family townhouses not more than three stories in height, and their accessory structures.
(Ord. 2007-016, passed 5-21-07).
156.003 Exceptions to adoption by reference.
Certain sections of the codes adopted by reference in this chapter are shall be of no force and effect, as follows:
(A) Any provision of the codes pertaining to penalties for violation thereof.
(B) Any section of the codes pertaining to construction inspection and inspection fees.
(C) Any section of the codes pertaining to appeals.
(D) Any provision of any of the above codes, other than the Illinois Plumbing Code, relating to plumbing. It is the intent of this chapter that the State of Illinois Plumbing Code shall control all matters relating to plumbing.
(Ord. 2007-016, passed 5-21-07).
156.004 Maintenance of records by clerk.
The village clerk shall place on file three copies of each of the IBC and IRC and shall keep such copies in the office of the clerk and shall make such codes available for public use, inspection and examination.
(Ord. 2007-016, passed 5-21-07).
156.005 Creation of office to enforce code.
There is hereby created the office of building code administrator. The building code administrator shall have the powers and duties of the code official as defined in the IBC and IRC, and may have other duties prescribed by the village board not related to his duties as building code administrator. The building code administrator shall be an officer of the village appointed by the village president with the advice and consent of the board of trustees for an indefinite term not to exceed the term of office of the village president who appointed him.
(Ord. 2007-016, passed 5-21-07).
156.006 Appeals from decisions of the building code administrator.
(A) General. The provisions of this section shall govern appeals of the decisions of the building code administrator.
(B) Application for Appeal. The Riverton zoning board of appeals shall function as the board of appeals for appeals of the building code administrator. Any person shall have the right to appeal to the zoning board of appeals from a decision of the building code administrator refusing to grant a modification to the provisions of the IBC or IRC covering the manner of construction or materials to be used in the erection, alteration, or repair of a building or structure, or electrical plumbing mechanical or other equipment therein, or the refusal to grant a building permit or a certificate of use and occupancy, or the improper issuance of a stop work order. An application for appeal shall be based upon the claim that the true intent of the IBC and IRC or the rules legally adopted thereunder have been incorrectly interpreted, that the provisions of the IBC and IRC do not fully apply, or an equivalent form of construction can be used.
(C) Procedure of the Board. The board shall adopt and make available to the public through the secretary, procedures under which a hearing shall be conducted. The procedure shall not require compliance with strict rules of evidence but shall mandate that only relevant information be received. The procedure shall require that no board member shall be qualified to hear any case in which he or she has a financial interest or in which he or she is related by blood or marriage to the appellant.
(D) Postponed Hearing. When a quorum are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request postponement of the hearing.
(E) Board Decision. The board may modify or reverse the decision of the building code administrator only by a concurring vote of a majority of its members holding office. The decision of the board shall be in writing. Certified copies of the decision shall be furnished to the appellant and the code administrator. The code administrator shall take immediate action in accordance with the decision.
(F) Administrative Review. Decisions of the board of appeals shall be reviewable by the circuit court of the Seventh Judicial Circuit, Sangamon County, Illinois, in accordance with provisions of the Illinois Code of Civil Procedure relating to administrative review.
BUILDING CODE
| Type of Construction | Fee |
| 1. New residential structure | $ 50.00 |
| 2. New commercial, industrial or other structure other than a residential structure | 100.00 |
| 3. Alteration of a residential structure | 25.00 |
| 4. Alteration of a commercial, industrial or other structure other than a residential structure | 50.00 |
| 5. Addition of a deck, porch or patio or a shed with 65 square feet or greater floor area | 10.00 |
| 6. Construction of a fence, swimming pool or satellite dish | 10.00 |
| 7. Other | 10.00 |
(Ord. 2007-016, passed 5-21-07).
156.009 Inspections and certificates of occupancy.
(A) Normally, the building code administrator shall not inspect work, other than conducting a site or stakeout inspection. However, the building code administrator may in his or her discretion conduct any other inspection authorized by the IBC or IRC with or without notice to the permit holder. It is the responsibility of the permit holder to schedule the site or stakeout inspection with the building code administrator.
(B) A landowner may request a certificate of occupancy. Two types of certificates of occupancy are hereby established:
(1) A zoning certificate of occupancy, pursuant to which the building inspector certifies that the use or proposed use of land or a structure is in accordance with the regulations which pertain to the zoning district in which the land is located;
(2) A zoning and building certificate of occupancy, pursuant to which, in addition to the certification in subsection (B)(1), the building inspector certifies that a structure is in accordance with the Village's Building Code and other applicable codes.
(C) Any landowner may apply for a zoning certificate of occupancy. The application shall be on a form specified by the building inspector and shall be accompanied by:
(1) A twenty-five dollar fee payable to the Village of Riverton;
(2) A sworn statement of the landowner stating the use or proposed use of the land; and
(3) A drawing to scale of the land and all structures and uses thereon, including data relating to setbacks from the property lines.
(D) Any landowner may apply for a zoning and building certificate of occupancy. The application shall be on a form specified by the building inspector and shall be accompanied by:
(1) A fifty dollar fee payable to the Village of Riverton;
(2) A sworn statement of the landowner stating the use or proposed use of the land;
(3) A drawing to scale of the land and all structures and uses thereon, including data relating to setbacks from the property lines, and:
(4) (a) In the case of a one- or two-family dwelling, a certificate from a person licensed pursuant to the Home Inspector License Act, 225 ILCS 441/1-1 et seq., that such person has determined after inspection that all structures thereon are built in accordance with the Village's Building Code and all applicable fire, plumbing and electrical codes; or
(b) In the case of a multifamily or commercial building, a certificate from a licensed architect that the architect has determined after a review of the plans and an inspection that all structures thereon are designed and built in accordance with the village's building code and all applicable fire, plumbing and electrical codes.
The building inspector may rely on the certifications of the licensed home inspector or architect without further investigation.
E. The building inspector shall examine the application, and if the application meets the requirements of this section and the use or proposed use of land or a structure is in accordance with the regulations which pertain to the zoning district in which the land is located, shall issue the certificate to the applicant within three working days of receipt of the application.
F. Denials of an application for a certificate of occupancy may be appealed to the zoning board of appeals.
G. No certificate of occupancy is required as a legal prerequisite for any person to own or occupy land or operate any use thereon.
(Ord. 2007-016, passed 5-21-07; Ord. No. 2009-002, § 1, passed 2-16-09).
156.010 Penalties.
(A) Any person who shall violate the provisions of this chapter, the IRC or the IVC, shall, upon conviction, be subject to a penalty not less than seventy-five dollars per day nor more than seven hundred fifty dollars per day. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition to this penalty, the village may utilize other statutory or common law remedies deemed appropriate by a court of law, including but not limited to injunctive relief, preliminary injunctive relief, and obtaining a temporary restraining order.
(B) The building code administrator may in his discretion compromise minor violations of this chapter where the offender: (1) promptly corrects the condition constituting the violation; (2) pays a fine of twenty-five dollars; and (3) pays the cost of a reinspection fee as set forth in Appendix A.
(C) Any structure, or any part thereof, constructed or maintained not in accordance with this chapter is hereby declared a nuisance, subject to abatement in accordance with law.
(Ord. 2007-016, passed 5-21-07).
156.011 Stop work orders.
Upon notice from the building code administrator that work on any building or structure or any construction work is being prosecuted contract to the provisions of the IBC or IRC or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing, shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; it shall state the conditions under which work will be permitted to resume. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be deemed in violation of this section. A separate offense shall be deemed committed on each day during on or which the violation occurs or continues. In addition to this penalty, the village may utilize other statutory or common law remedies, including but not limited to, injunctive, preliminary injunctive, and temporary restraining order relief, deemed appropriate by a court of law.