*Note: See Section 162.00 for dedication of school sites or in-lieu payments.

This chapter shall be herein cited and referred to as the city of Wilmington land subdivision ordinance. (Ord. 1190, passed 10-4-94)

It is the purpose of these regulations to establish minimum requirements for the subdivision of land within the corporate limits of the city of Wilmington and within the subdivision review and regulatory jurisdiction of the city, in order to protect, safeguard, and promote the public health, safety, convenience and welfare of the community. In addition to establishing minimum requirements, these regulations attempt to assist land developers and public officials in processing subdivisions. These regulations are designed to:
(A) Facilitate the orderly growth and development of the city by providing suitable residential, commercial and industrial development.
(B) Provide adequate traffic circulation through street systems with consideration to major thoroughfares, adjoining subdivisions and public facilities.
(C) Achieve individual property lots of maximum utility and livability.
(D) Insure adequate provisions for water drainage, sanitary sewer and water facilities, utilities and other health-related requirements.
(E) Provide adequate park and recreational areas, school sites and other public facilities.
(F) Facilitate the subdivision of large tracts into smaller parcels of land.
These regulations are also formulated to aid in the enforcement of development standards as provided in various city ordinances including, but not restricted to, the building code, zoning ordinance, and the comprehensive plan of the city. (Ord. 1190, passed 10-4-94)

The rules and regulations governing plats and subdivisions of land contained herein shall apply to all land within both the corporate limits of the city of Wilmington and unincorporated area within one and one-half miles, the extent of jurisdiction hereunder shall be as determined and agreed upon between Wilmington and the other municipalities concerned, and in the absence of such agreement, as may be determined according to law. The provisions of this chapter shall also apply to all planned unit developments whether residential, commercial or otherwise in nature, and to any other developments whether a subdivision is required or not under the law, statutes, ordinances or regulations of the governmental body or agency having jurisdiction or control, and regardless of whether the same is labeled a subdivision or not, it being the intent of this chapter to apply to all types of development, both within the city of Wilmington and areas lying within one and one-half miles of the corporate limits of the city of Wilmington, Will County, Illinois. (Ord. 1190, passed 10-4-94)

As used in this chapter:
“Block.” A tract of land bounded by streets, or by a combination of streets and public parks, railroad rights-of-way, or other similar natural boundaries. A block may be located in part beyond the boundary lines of the corporate limits of the city.
“Building commissioner” or “building inspector.” The building inspector of the city or his duly authorized representative.
“Building setback line.” A line within a lot or other parcel of land, which denotes the area between such line and the adjacent street right-of-way line or lot line where a building and other obstructions are prohibited, except those obstructions that are permitted by zoning ordinance regulations.
“City engineer.” A trained, licensed, and registered Illinois professional civil engineer hired by the city as a consultant or as an employee, to advise and represent the city in engineering matters.
“Comprehensive plan.” The composite of the functional and geographic elements of the comprehensive plan of the city and environs or any segment thereof, in the form of plans, maps, charts, text of reports, implementing ordinances and the official map.
“Conceptual drawing.” A preliminary sketch of a proposed development intended for feasibility study purposes only. The conceptual drawing shall include street and lot configurations, estimated minimum and maximum lot size, public land dedications, adjoining property, land use information and major natural features including floodplain and floodway.
“Contour map.” A map on which irregularities of the land surface are shown by lines connecting points of equal elevations.
“County subdivision engineer.” The Will County subdivision engineer and his staff.
“Cul-de-sac.” A local street with a single outlet.
“Developer.” Any person, firm, business, trust, corporation or other entity engaged in subdividing, developing or otherwise improving land.
“Double frontage lot.” A lot which has a pair of opposite lot lines along two substantially parallel streets.
“Easement.” Land set aside over or under which a right, privilege use or advantage in land is dedicated and is distinct from ownership of the land and is granted either to the public, a particular person or a combination of both.
“Final plat.” A map of all or part of the subdivision prepared and certified by a registered Illinois land surveyor and certified by a registered Illinois engineer in accordance with the requirements of the applicable provisions of the Illinois Revised Statutes as amended and other applicable governmental regulations including this chapter and suitable for recordation by the county recorder of deeds.
“Frontage road.” A minor street which is parallel to and either adjacent to or within the right-of-way of a thoroughfare.
“Half street.” A street of less than the total required width along one or more property lines of a subdivision.
“Land improvement.” Any sanitary sewer system, storm sewer system, water supply and distribution system, roadway, side-strip, sidewalk, pedestrian way, no-access strip, off-street parking area, lot grading or other improvement which the city may require under this chapter.
“Local street.” Roads primarily serving to provide access to abutting property and connect with minor collector and/or major thoroughfares discouraging through traffic.
“Lot.” A portion of a subdivision or other parcel of land intended for transfer of ownership or for building development.
“Lot consolidation.” The merger of separate parcels, tracts of land or lots into a single parcel, lot or tract of land.
“Major collector street.” All secondary thoroughfares shown on the major thoroughfare plan. Major collector streets serve to collect and distribute medium volume traffic between major thoroughfares and minor collector streets and include section line roads.
“Major thoroughfare.” All state and U.S. designated highways connecting between designated highway and freeway interchanges and other heavily traveled streets described in the major transportation plan as primary thoroughfares.
“Master plan.” The official city comprehensive plan depicting among other things, land uses, major water and sanitary sewer mains and major drainageways, highways, roadways, primary and secondary thoroughfares and parkways of the city and environs, described in the master plan.
“Minor collector street.” Streets used to collect and distribute medium volume traffic between minor thoroughfares, major collectors, local streets and abutting property.
“N.G.V.D.” National Geodetic Vertical Datum.
“No-access strip.” A land area at least 12 feet wide along the rear lot line of a double-frontage lot and abutting a thoroughfare within which no vehicular driveway shall be permitted.
“Official map.” The official map of Wilmington, Illinois.
“Open space.” Any space or area of land or water essentially unimproved or otherwise devoid of buildings or other structures and paved areas and set aside, dedicated, designated or reserved for public or private use or enjoyment of owners and occupants of land adjoining or neighboring such open space.
“Owner” or “subdivider.” Any person, firm, association, partnership, private corporation, public or quasi-public corporation, or a combination of any of them, or other legal entity having sufficient proprietary interest in the land sought to be subdivided or divided to commence and maintain proceedings under the provisions of this chapter.
“Pedestrian way.” A right-of-way across or within a block designated for pedestrian use.
“Planned unit development (P.U.D.).” A residential, commercial, industrial or mixed-use development which complies with the appropriate zoning classification (i.e., residential, business, industrial) for the property which allows greater design flexibility but requires more precise controls than provided for in other zoning classifications.
“Planning commission.” The planning commission of Wilmington, Illinois.
“Plat.” A map showing divisions of land and property.
“Preliminary plat.” A preliminary map prepared by a registered Illinois land surveyor and a registered Illinois engineer showing the proposed layout of a subdivision in sufficient detail to allow review by the platting authority and other interested agencies and meeting the requirements of these and other applicable regulations.
“Roadway.” That portion of the street designated for vehicular use.
“Service drive.” A passage or way affording generally a secondary means of vehicular access to abutting properties and not intended for general traffic circulation.
“Side-strip.” The unpaved strip of land within a street right-of-way and parallel to the roadway.
“Sidewalk.” That portion of the street right-of-way or other area designated for pedestrian use.
“Street.” A private or public right-of-way which affords pedestrians and vehicles primary access to abutting properties. No name or designation shall be material to this definition.
“Street width.” The shortest distance between the right-of-way lines of a given street.
“Subdivision.” (1) A described tract of land which is to be or has been divided into two or more parcels of land; (2) any division of land which creates a lot for transfer of ownership and/or building development where a new street is involved; or (3) the dedication of streets, ways or other areas for the use of the public. (Division of a tract into lots of five or more acres shall not be deemed a subdivision, if the division does not require a new street. Additionally, no division of a tract shall be deemed a subdivision if it merely transfers ownership to adjacent property owners without creating additional lots.) The division of a tract, parcel or lot into parcels or lots all of which resultant parcels or lots exceed five acres and if a new street is not involved, or the division of land for the purpose of transfer of ownership to adjoining property owners and such division does not create an additional lot or lots, provided that a contract for sale requiring conformity with this chapter may be entered into, shall not be deemed to be a subdivision. A certified plat survey, when required by the city council, shall be in conformance with applicable provisions of this chapter and shall be required for the division of land when a new lot is created for the purpose of transfer of ownership and/or building development and a new street is not involved. The term “subdivision” includes “resubdivision” and, where it is appropriate to the context, relates to the process of subdividing or to the land subdivided.
“Subdivision design standards.” The basic land-planning principles established as guides for the preparation of preliminary plats.
“Utilities.” Overhead and/or underground gas, electrical, telephone, cable television, water, sanitary sewer and storm sewer transmission or distribution systems.
“Will County engineer.” The individual appointed by Will County, Illinois to supervise the county roadway system. (Ord. 1190, passed 10-4-94)

No developer shall proceed with any construction or development work on the site of a proposed subdivision, including grading, until all required governmental permits have been issued and the developer has otherwise fully complied with all requisite city ordinances and regulations. (Ord. 1190, passed 10-4-94; Am. Ord. 06-04-04-02, passed 4-4-06)

In planning and developing a subdivision, the subdivider or his agent shall comply with accepted engineering and land planning practices for the design and layout of subdivisions, the rules and regulations concerning required improvements and the procedure set forth in this chapter. (Ord. 1190, passed 10-4-94)

(A) Stage A—Preliminary consultation:
(1) The subdivider submits a letter of intent to the technical review committee (TRC) and meets informally with the TRC at the next available meeting to discuss his conceptual drawing and proposed improvements. The TRC shall consist of the city administrator, the city engineer and all department heads. The TRC will help the subdivider assess the reasonableness of the proposed plan. The subdivider should provide the TRC with 12 copies of the conceptual drawing.
(2) The planning commission reviews the conceptual drawing. The plan commission advises the subdivider as to the apparent adequacy of the proposed plan but does not vote to approve or reject the plan.
(3) The city council reviews the conceptual drawing. The city council advises the subdivider as to the apparent adequacy of the proposed plan but does not vote to approve or reject the plan.
(4) If the conceptual drawing is determined to be a minor subdivision, as defined in Section 152.11 of this chapter, the subdivider may skip the Stage B—preliminary plat phase and move to Stage C—final plat.
(B) Stage B—Preliminary plat:
(1) The subdivider prepares a preliminary plat, including preliminary engineering plans and specifications, and intended dedication or reservation of public lands, and files an application and six copies of the preliminary plat with the planning commission.
(2) The planning commission obtains the required recommendations from the city engineer and other city officers and then, after applying the provisions of this chapter, approves the preliminary plat, or approves the preliminary plat subject to modification, or rejects the preliminary plat. Findings are reported to the subdivider in writing.
(3) When the preliminary plat meets the requirements of this chapter, as determined by the planning commission, it is recommended for approval, and referred to the city council for approval. Upon approval by the city council, the subdivider may prepare the final plat.
(C) Stage C—Final plat:
(1) Within six months of the date of the city council approval of the preliminary plat, the subdivider prepares and submits to the city clerk six copies of the final plat incorporating all required modifications to the preliminary plat together with final engineering plans and specifications. The city clerk immediately transmits the final plat to the planning commission and together with the final engineering plans and specifications to the city engineer for their review and recommendations. The final plat shall not be approved by the planning commission or city council before the city engineer has submitted recommendations regarding the final engineering plans.
(2) The planning commission determines whether or not the final plat is in conformance with the approved preliminary plat and forwards the final plat, with its recommendation, to the city council.
(3) The city of Wilmington approves or rejects the final plat within 60 days of submission by the planning commission.
(4) Upon receipt of a certified copy of the approved final plat, the city clerk, at the expense of the subdivider, records a copy of the approved plat with the recorder of deeds of Will County. After proper recording of the plat of subdivision, the developer may proceed to develop and sell the lots of this subdivision. (Ord. 1190, passed 10-4-94; Am. Ord. 1377, passed 6-19-01; Am. Ord. 06-04-04-02, passed 4-4-06)

(A) Any subdivision containing not more than four lots fronting on an existing street nor involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements (and not adversely affecting the remainder of the parcel or adjoining property) and not in conflict with any provision or portion of the comprehensive plan, zoning ordinance or these regulations. Minor subdivisions may skip “Stage B--Preliminary Plat” of this chapter. (Ord. 1376, passed 6-19-01)

Applications for approval of a preliminary plat of subdivision must be submitted, in writing, at least six weeks prior to the next regularly scheduled planning commission meeting which will review the plat. A copy of the application is set out at the end of this chapter as Exhibit A. The city clerk will review the submission for completeness. Incomplete applications will not be accepted. Complete applications must include the following:
(A) Developer reimbursement agreement. A written agreement as shown in Exhibit B, set out at the end of this chapter, signed by the property owner and developer agreeing to fully reimburse the city for all fees, costs and expenses directly or indirectly incurred by the city including review of preliminary and final plats by city staff, the city engineer, attorney and planning consultant and inspecting improvements by the city staff and city engineer as they are installed. In addition, the property owner and developer shall deposit $3,000 to be retained by the city to assure prompt payment for fees required under the reimbursement agreement. If the developer fails to pay, these funds may be applied to pay fees.
(B) Preliminary plat submittal.
(1) Six copies of a preliminary plat drawing prepared and certified by a registered Illinois engineer and land surveyor.
(2) If a revised preliminary plat is necessary after planning commission review, six copies of the revised plat must be submitted to the planning commission no later than the Thursday before the regular city council meeting during which the preliminary plat is scheduled for approval together with an additional $100.
(3) Any unused funds will be refunded and the developer will be billed for any excess costs incurred over and above the deposit.
(C) Soil report. At 400-foot intervals along proposed roadway center lines an independent soil investigation report for the site and a current report concerning the subject property prepared by Will-South Cook Soil and Water Conservation.
(D) Floodplain data. Accompanying the preliminary plans of each proposed subdivision which involves any portion of a base flood area as described by the official FEMA map for this city or the county of Will, there shall be furnished the following information and data:
(1) Contour map. A topographic map at a minimum scale of one inch equals 100 feet with one-foot interval contours of the land to be subdivided and such adjoining land whose topography may affect the layout or drainage of the subdivision. On such a map, there shall be shown the following:
(a) The location of streams and other floodwater runoff channels, their normal channels, the extent of floodplains at 100-year flood elevations and limits, including floodway data for that portion of a subdivision or development which is in the base flood area, all properly identified.
(b) The normal shoreline of lakes, ponds, wetlands and detention basins, their floodplains and lines of inflow and outflow, if any.
(c) Storm, sanitary and combined sewers and any sewer outfalls.
(d) Septic tank systems and outlets, if any.
(e) Seeps, springs, flowing and other wells.
(f) Location of existing structures.
(2) Channel profiles. Profile drawings with a minimum horizontal scale of one inch equals 60 feet and a minimum vertical scale of one inch equals 10 feet of each stream channel, pond and basin showing elevations of the following:
(a) The stream bed.
(b) Channel banks, if any.
(c) Waterway openings of existing culverts and bridges within or near the tract.
(d) Size and elevations of sewer and drain outlets into the stream channel or basin.
(e) The base flood elevations.
(E) Development report. All subdivisions should have a development report which is a narrative statement describing the existing features of the site and the engineering impact of the development of the site.
(F) Utilities letter. The developer shall submit to the city a letter from each company providing public utilities (including electricity, gas, telephone, and cable television) to the development. The letter shall be addressed to the city and shall assure the city that the utility company currently has adequate capacity and means of transmission available to serve the proposed development. The letter shall also assure the city that such capacity and means of transmission will be in existence when the development is completed. The letter shall also state whether the proposed utility easements and the preliminary plat are adequate for the specific utilities’ purposes or whether the same should be modified or changed.
The developer shall also provide written certification to the city that he will install adequate central sewer and water facilities on the site, unless the city affirmatively waives such requirements in writing. Where the city makes such a waiver of central water and sewer facilities, then the developer shall provide written assurance to the city regarding the site’s suitability for individual wells and septic systems or any other substitute approved by the city council.
(G) Public improvement dedication agreement. The owner and/or developer of the proposed subdivision shall execute with the city a written agreement providing for the dedication of public improvements to the city. The agreement shall provide that upon completion of installation and construction of all public improvements to be located within the proposed subdivision (including all pumping, storage, transmission and distribution facilities for water and sewer, as well as any other utility facilities), the owner and/or developer shall dedicate such public improvements to the city executing any and all instruments specified by the city. However, no such instrument shall be executed without prior acceptance and approval of the public improvements by the city.
(H) Public utility capacity. Whenever a subdivision is to be served by central sewer and water facilities, the developer shall obtain a letter from the city engineer certifying that there is sufficient sewer and water capacity to meet all current and prospective requirements. The letter shall also certify that the developer will provide adequate mains, lines, and storage capacity. The letter shall not be construed as a reservation of utility capacity.
(I) Septic or mechanical systems. In subdivisions to be served by septic systems as opposed to central sewage treatment, written approval by the Will County health department and/or other applicable governmental agencies for the installation of septic systems on each lot shall be provided.
(J) Vicinity sketch. Vicinity sketch at a readable scale drawn on or accompanying the preliminary plat. This sketch shall show all existing subdivisions and the street and track lines of acreage parcels of land within 200 feet to the plat boundaries together with the name of record owners of all such unplatted parcels contiguous to the proposed subdivision. It shall also show the streets and alleys in neighboring subdivisions or unplatted property within 750 feet of the plat boundaries. (Ord. 1190, passed 10-4-94)

Any preliminary plat shall be prepared at a horizontal scale which shall be 100 feet or less to the inch and at a minimum shall display or including the following:
(A) The proposed name of the subdivision and names of all streets within the subdivision. No subdivision or street name shall duplicate the name of any other subdivision in Will County.
(B) The names and addresses of the owner of record, the subdivider and registered Illinois engineer and land surveyor of the subdivider.
(C) The names of the adjacent subdivisions and the names of record owners of abutting parcels of unplatted land.
(D) The boundary lines, accurate in scale, of the tract to be subdivided and its legal description.
(E) The location, widths and names of all existing or platted streets or other public ways within the tract and of other important features such as but not restricted to the following: existing permanent buildings, watercourses, lowlands, woodlands, limits of floodplain, wooded areas, railroad lines, corporation lines, township lines.
(F) The location and dimensions of existing sewers, water mains, culverts and other underground structures and field tiles within the tract and immediately adjacent thereto with pipe sizes and grades indicated. If water mains and sewers are not on or adjacent to the parcel, the plat shall indicate the direction of, distance to and size of the nearest usable facility.
(G) Contours for the tract to be subdivided with intervals of one foot referenced to National Geodetic Vertical Datum (N.G.V.D.) datum.
(H) A topographic map indicating all existing trees to be preserved and trees to be removed together with the location of trees to be planted by the subdivider as herein required.
(I) The layout, classification, names and widths of all proposed streets, alleys and easements; the location and approximate sizes of culverts, storm drains and other drainage structures; locations of proposed detention/retention areas; location and size of sanitary sewers and water mains; the layout and dimensions of proposed lots. Proposed street names shall not duplicate any existing street names within the area of jurisdiction of these regulations, except that extensions of existing streets may use the name of the existing street. Letters shall not be used in place of street names. A discontinuous section of a street shall be named the same as the street of which it is likely to become an extension.
(J) Lots shall be numbered consecutively throughout the entire preliminary plat. A notation on each lot stating the gross number of square feet contained within the boundaries of the lot.
(K) Zoning boundary lines and city limit lines, if any, along with proposed uses of property and proposed setback lines. Zoning classifications of the parcel and of all adjacent parcels shall be indicated.
(L) All parcels of land intended to be dedicated or temporarily reserved for public use or to be reserved in the deeds for the common use of property owners in the subdivision, with the purpose, conditions or limitations of such reservation indicated.
(M) A north point, legend and title.
(N) Locations of any proposed subdivision entrance signs.
(O) Any other information required by law, regulation or policy.
(P) The preliminary plat shall bear the following certificates for execution by the planning commission showing its recommendation for approval thereof and for execution by the mayor and the city clerk showing approval by the city council:

(1) The Preliminary Plat is recommended by the City of Wilmington Planning Commission for approval this ______ day of __________, 20___ .

(2) This Preliminary Plat was approved by the City of Wilmington City Council at a meeting held on the _______ day of _______________, 20___ .

______________________________

City _______________________

ATTEST: ___________________

(Ord. 1190, passed 10-4-94)

At the time of submittal of the preliminary plat, the city shall receive a preliminary plat filing fee in the sum of $100 plus $10 per acre or fraction thereof. (Ord. 1190, passed 10-4-94)

Approval of the preliminary plat shall be for the term of six months from the date of approval thereof by the city council and the same shall automatically terminate. Upon written application by the owner/subdivider prior to the expiration of the original six-month term of preliminary plat approval and for good cause shown, the city of Wilmington may extend the term of the preliminary plat for one additional period not to exceed six months from the original expiration date. (Ord. 1190, passed 10-4-94)

Six copies of the final plat of subdivision meeting the following requirements shall be submitted to the city:
(A) Prepared and certified by a registered Illinois Land Surveyor.
(B) The original, drawn on mylar with waterproof, nonfading black ink; and a scale of not less than 100 feet to the inch, which scale must be graphically indicated on the plat.
(C) Contain all boundary lines with lengths of courses to hundredths of a foot and bearing to half minutes with the boundaries determined by an accurate field survey which shall be balanced and closed with an error of closure not to exceed one to 10,000.
(D) Contain an accurate legal description of the parcel.
(E) Show the exact location and width along the property line of all existing recorded roads and streets intersecting or paralleling within 200 feet of the boundaries of the tract.
(F) Show true courses and bearings to at least three established survey or other official monuments, one of which monuments must be a section corner, which shall be located or accurately described on the plat. Any corporation lines shall be accurately described, monument-marked and located on the plat.
(G) Show the accurate location and material of all permanent reference monuments used for the plat.
(H) Illustrate the exact subdivision layout, including:
(1) Street lines--their names, bearings, angles of intersection and widths, including widths along the line of any obliquely intersecting street.
(2) The length of all arcs, radii, points of curvature, tangent and chord length and bearings.
(3) All easements and rights-of-way, with description and limitations.
(4) All lot lines with dimensions in feet and hundredths, and with bearings to minutes if other than right angles to the street lines. Monument markers required for all lot corners.
(I) Show consecutively numbered lots and blocks as portrayed on the preliminary plat and street addresses.
(J) Accurately portray all property which is dedicated for public use, and all property reserved for the common use of the property owners in the subdivision, with the purpose indicated thereon. All lands dedicated to public use other than streets or roads shall be marked “Dedicated to the Public.” Streets and roads not dedicated shall be marked “Private Street.”
(K) Show all utility, drainage, access, or no access and other easements.
(L) If the subdivision is traversed by a water course, channel, stream or creek, the proper or present location of such water course, channel, stream or creek must be indicated. In the event the subdivision borders or includes water in which the United States or the state of Illinois has any property rights or other interest, approval by the appropriate governmental entities shall be obtained before presentation of the plat to the planning commission. In addition, any land lying within a special flood hazard area as identified by the Federal Emergency Management Agency must be so labeled. If any subdivision accesses a county, state or township highway, the approval by the appropriate governmental entity shall be required before presentation of the plat to the plan commission.
(M) Building setback lines must be shown.
(N) Name of subdivision must be clearly shown.
(O) The names and locations of adjoining subdivisions and location and ownership of adjoining unsubdivided property must be included.
(P) The names and addresses of the owner of record, the subdivider, the registered Illinois land surveyor and engineer must be indicated.
(Q) Include the north point and date of plat preparation and date(s) of any revisions.
(R) For those subdivisions within the corporate limits, include a statement that all public improvements including, but not limited to, streets, lighting, storm sewers, sanitary sewers, water mains and right-of-way are dedicated to the city of Wilmington.
(S) Certificates required to be attached to the final plat shall include and be in the form as provided by this chapter.
(T) Provide an independent table indicating all lot areas in square feet.
(U) All plat letters shall not be less than Leroy lettering template 100 or equivalent.
(V) Provide by independent documents all protective and restrictive covenants, if any.
(W) Provide all such other information as may from time to time be required by statute or other governmental regulations. (Ord. 1190, passed 10-4-94)

At the time of final plat submittal, six copies of the engineering plans, data and drawings, including drainage profile study, grading plan, cross-sections, and details and calculations and other supporting data for all improvements as may be reasonably required by the city engineer for his review and shall be provided to the planning commission. (Ord. 1190, passed 10-4-94)

A letter from the developer or its engineer to the planning commission shall be submitted detailing any and all variations of the proposed final plat and engineering data from the approved preliminary plat and engineering. (Ord. 1190, passed 10-4-94)

Prior to city council approval, an estimate from the developer’s engineer of all costs of all public improvements for the subdivision shall be submitted to the city engineer for his review and determination of required security. (Ord. 1190, passed 10-4-94)

Following preliminary plat approval, but in no event later than the time of final plat submittal, the developer shall submit an executed and effective irrevocable letter of credit from a federally insured bank, acceptable to the city and authorized to transact business in the state of Illinois. The letter of credit shall be in the amount of 125% of the total costs of all the subdivision improvements, as determined by the city engineer, together with all of the required contributions, dedications and city fees, costs and expenses through the completion of the subdivision and approval by the city council and shall run for a period of two years from the date of final acceptance of such total subdivision improvements.
As the required public improvements are partially completed, the letter of credit may be reduced in the following manner:
(A) From time to time during the course of construction, but not more than once each month, the developer may request the city engineer to inspect the construction work completed to that date, and the city engineer shall use his or her best efforts to make such inspection within seven days after the request.
(B) The request to inspect shall be accompanied by a certification prepared by the developer’s engineer which identifies the work completed to the date of the request and since the developer’s engineer’s last certification, provides an estimate of the dollar value of such work and states that the work has been completed in a good and workmanlike manner and in compliance with the city’s ordinances and all approved plans and specifications.
(C) The request for inspection shall also be accompanied by a certification from the developer’s engineer which provides an estimate of the cost to complete the remaining balance of the improvements, with the estimated dollar value of the improvements completed and the estimated cost to complete the remaining improvements on a form and in a manner reasonably acceptable to the city engineer.
(D) The request for inspection shall further be accompanied by a sworn contractor’s statement and appropriate lien waivers showing that all work in place and for which a reduction in the security is requested has been fully paid for or that all mechanic’s or other liens have been waived.
(E) Upon receipt of the required documentation, and with the assistance of the director of public works and any other relevant city employees, the city engineer shall inspect the completed work and certify to the city and to the financial institution issuing any commitment of funds the dollar value of the work completed to the date of the request for inspection and since the last city engineer’s certification, provided the city engineer finds that the work has been completed in a good and workmanlike manner and in compliance with the city’s ordinances and all approved plans and specifications, that no mechanic’s or other liens will attach to the subject property or to any property of the city as a result of the installation of the improvements and that the developer’s engineer’s estimates of the dollar value of the work completed and the cost to complete the remaining improvements are reasonable. Based upon these findings, the city engineer may recommend a reduction in the security by an amount not in excess of 85% of the value certified by the city engineer of the completed work, so long as the balance remaining in the security is at least equal to 125% of the cost to complete the remaining improvements, plus retentions for completed work and engineering, inspection and testing fees for the engineers of the developer and the city to inspect the improvements remaining to be completed.
(F) The engineer’s recommendation is reviewed by the finance and building committee, which then recommends whether the city council should grant or deny the developer’s request.
(G) The city council votes upon the recommendation of the finance and building committee.
(H) Once all improvements have been installed, the remainder of the letter of credit, representing 15% of the value of the completed work, shall be released, as provided in Section 152.95(D) of this chapter. (Ord. 1190, passed 10-4-94; Am. Ord. 06-04-04-02, passed 4-4-06)

The following certifications shall be on the final plat:
(A) Survey certification. Certification by the developer’s land surveyor on the plat to the effect that he has fully complied with the requirements of this chapter and the subdivision laws of the state of Illinois in surveying, dividing and mapping the land; that the plat is a correct representation of all the exterior boundaries of the land surveyed and the subdivision of it; that the plat represents a survey made by him and that all monuments indicated thereon actually exist and their location, size and material are correctly shown.
(B) Owner’s certification. An independent certificate of ownership and authorization to subdivide made under oath with respect to the property, the names, addresses and amounts of all:
(1) Lienholders.
(2) Mortgagors.
(3) Trustees.
(4) Partners.
(5) Corporate officers, if a corporation.
(6) Beneficial owners of land trusts, if the property is held in trust, as certified by the land trustee.
(C) Treasurer’s certification. A certificate, issued by the Will County treasurer’s office, stating that there are no unpaid taxes or special assessments on any of the property included in the plat.
(D) Engineer’s certificate. A certificate signed by an Illinois Registered Professional Engineer, that the development plans and specifications conform with all state and city requirements including those for drainage of surface waters in accordance with the Illinois Plat Act. (Ord. 1190, passed 10-4-94)

At time of final plat submittal, the city shall receive a final plat filing fee in the sum of $100 plus $10 per acre or fraction thereof:
(A) For commercial or industrial subdivision, $75 per acre or fraction thereof.
(B) For residential subdivision, $10 per proposed dwelling unit. (Ord. 1190, passed 10-4-94)

(A) Lot grading and foundation elevation plan. Following preliminary plat approval, but in no event later than the time of final plat submittal, the developer shall file a lot grading and foundation elevation plan.
(1) Such plan shall show, at each lot corner, the proposed N.G.V.D. elevation for that point. Arrows drawn along all lot lines shall show the direction of drainage flow. The top of the foundation shall be shown by an N.G.V.D. elevation. The foundation elevation shall be noted inside the symbol for the structure location on the lot. Where there is more than one foundation level for the structure, the elevation for the lowest foundation level shall be shown. The foundation elevation shall be such that the lot drainage is designed to run away from the top of the foundation. In the event that conditions dictate that some parts of the lot be higher than the structure foundation, the grading plan will show specific drainage configurations for the lot specifying that all drainage is directed away from the foundation. Lot elevations shall be a minimum of 1% grade if one lot is surface drained. Where two or more lots cross a surface, the drainage pattern shall have a minimum of 1 1/2% grade. The high water level of detention ponds shall be set as though the design high water level for the pond were a floodplain base flood elevation. The grading plan shall be at a minimum scale of one inch equals 50 feet, but shall not exceed a scale of one inch equals 20 feet.
(2) Such plan shall also provide for the adequate control of erosion and sedimentation and conform to the requirements of the city stormwater management regulations. The plan shall show proposed temporary and permanent control practices and measures which will be implemented during all phases of development, including clearing, grading, and construction operations. The developer shall not be relieved from providing additional or revised erosion and sedimentation control during construction, as the city may deem necessary during construction.
(B) Mass grading permit. Once the lot grading and foundation elevation plan has been approved by the city engineer and a letter of credit has been submitted pursuant to Section 152.44 of this chapter, the developer may obtain a permit to begin mass grading. All mass grading shall be performed at the developer’s own risk, with the letter of credit guaranteeing acceptable grading of the site.
(C) Schedule. Mass grading must be completed prior to issuance of any building permits. Rough grading must be completed prior to the submission of any top of foundation surveys. Final grading and landscaping must be completed prior to issuance of any occupancy permits; provided, however, that a temporary occupancy permit may be issued pursuant to Section 157.08 of this title. (Ord. 1190, passed 10-4-94; Am. Ord. 06-04-04-02, passed 4-4-06)

Construction plans for improvements to be installed shall be first approved by the city engineer. All construction plans must be approved concurrent with final plat approval by the city council prior to construction of any improvement. Construction plans shall include:
(A) The plan and profile for each proposed street.
(B) Typical cross-section of each proposed street, showing the width of pavement and the location and width of sidewalks.
(C) The plans and profiles of proposed sanitary sewers and stormwater sewers.
(D) In lieu of central sanitary sewer or storm sewers and if previously approved in conjunction with the preliminary plat, the alternate method of sanitary or stormwater disposal.
(E) A final overall grading and drainage plan providing for adequate disposition of natural and stormwater. All storm sewers, structures, ditches, watercourses, and limits of any floodplains shall be shown. Elevations for all rear lot swales shall be noted and graded to provide adequate drainage from all lots. The grading plan shall also show any proposed mass grading or regrading of lots which is proposed for the development. The approximate locations of all buildings shall be indicated along with proposed approximate elevations of the proposed average ground elevation at the sides of the buildings and swale elevations between the buildings along the side lot lines. The intent of these elevations shall be to provide positive drainage away from all buildings and to avoid concentration of stormwater drainage from each lot to adjacent lots.
(F) In addition, the grading plan must show:
(1) Each lot should have at least six proposed grade points as follows:
(a) Each lot corner.
(b) Side yard breakpoints and/or for side yard swales with no breakpoint within the foundation area (30 to 70 feet from the front lot line), a spot grade point on the side lot line 50 feet back of the front lot line. Side yard break points shall be dimensioned from the nearest lot corner. The foundation area spot grade shall be a minimum of six inches below the building pad elevation.
(c) Where the back yard slopes towards the house, a spot grade with drainage arrows shall be provided to show how runoff is to be directed around the house.
(2) Street curb lines should be shown.
(3) Top of curb grades should be provided for each lot line extended.
(4) Roadway centerline grades should be shown at each station.
(5) All storm sewers with inlet rim grades should be shown.
(6) Common address number for each lot.
(7) All drainage easements, floodway limits, floodplain limits.
(G) A soil erosion control plan providing for the adequate control of erosion and sedimentation. The plan shall show proposed temporary and permanent control practices and measures which will be implemented during all phases of development including clearing, grading, and construction operations. The plan shall comply with the state of Illinois, NPDE’s Permit R100000. The developer shall not be relieved from providing additional or revised erosion and sedimentation control during construction as may become necessary as determined by the city during construction.
(H) Plan and details of stormwater detention facilities and structures.
(I) Locations and details of street lighting facilities. (Ord. 1190, passed 10-4-94)

At the time of final plat submittal, the developer shall submit a construction schedule showing by number of days after final plat approval by the city council the completion schedule of the following items:
(A) Mass grading, if not already completed;
(B) Street construction;
(C) Sanitary storm sewer, waterline installation;
(D) Installation of fire hydrants;
(E) Installation of curbs and gutters;
(F) Installation of street lights;
(G) Completion of final subdivision grading;
(H) Installation of all other utilities, including, but not limited to, telephone, electric, natural gas and cable T.V.;
(I) Installation of bituminous binder course;
(J) Anticipated date for request of issuance of first building permits. (Ord. 1190, passed 10-4-94; Am. Ord. 06-04-04-02, passed 4-4-06)

The city engineer will review the final plat drawing, engineering data, specifications and drawings, lot grading plans, foundation elevation plans and supporting documents and will, within two weeks of receipt of same, render a written report to the planning commission who will forward copies of the report to the subdivider and the city council. All variations from the preliminary plat will be noted. The city engineer will state that he finds the data, as submitted, to be either:
(A) Satisfactory in which case the report will:
(1) Address any acceptable variances from the preliminary plat.
(2) State that the technical details have been reviewed and found satisfactory.
(3) List any and all permits which the developer must obtain including from the Will County health department, Illinois Environmental Protection Agency, Illinois Department of Transportation, Will County highway department, township highway commissioner, or other agencies as may be necessary.
(B) Unsatisfactory; in which case the report will include the reasons why it is unsatisfactory. Recommendations regarding minor changes which, if made would render the proposed plat satisfactory, shall be included. Unacceptable variations from the preliminary plat will be noted. The city engineer is not expected to redesign the subdivision. (Ord. 1190, passed 10-4-94)

The planning commission will review the final plat drawing, engineering specifications and drawings and the city engineer’s report and will, within four weeks render a written report to the city council. The report will address any and all variations from the preliminary plat and include the planning commission’s opinion regarding the acceptability of the variations and the plat’s conformity with the city’s comprehensive plan, zoning ordinance, subdivision ordinance, other applicable ordinances and good planning principles, noting any variations therefrom. The report will state that the planning commission finds the final plat, as submitted to be:
(A) Satisfactory.
(B) Unsatisfactory; in which case the report will include reasons why the plat is unsatisfactory. If minor changes will result in a satisfactory plat, these will be recommended. (Ord. 1190, passed 10-4-94)

The city attorney will review the final plat to determine whether it complies with all city, township, and county ordinances and statutes of the State of Illinois and shall also determine whether the required performance and maintenance bonds and/or letters of credit have been provided. The attorney will render a written report to the city council within two weeks of receipt of the final plat drawing and copies will be distributed as provided herein. The report will state that the attorney finds the final plat, as submitted, to be:
(A) Satisfactory.
(B) Unsatisfactory; in which case the report will include reasons why the plat is unsatisfactory. If minor changes will result in a satisfactory plat, these will be recommended. (Ord. 1190, passed 10-4-94)

The city council will, during a regularly scheduled public meeting, consider the final plat and the recommendation of the planning commission. The chairman of the planning commission, in his or her role as trustee, shall at the appropriate time, move to approve or disapprove the final plat as presented. Once the motion is seconded and after discussion, the city council will, by roll call vote, approve or disapprove the final plat as presented.
(A) Approval. After submittal and approval of a letter of credit by the city, the original (mylar) will be signed by the chairman of the planning commission, the mayor of the city of Wilmington and the city clerk. Such approval shall not constitute acceptance, by the city, of any public improvements whether completed or planned. Such action shall be accomplished separately in accordance with this chapter. Upon the city council approval of the final plat, compliance with all city requirements, recording of the final plat, and filing of a copy of the final plat with the city, construction of improvement may begin.
(B) Nonapproval. If the city council votes not to approve a final plat, the city will notify the subdivider, in writing, of the disapproval. Such notification may include reasons and, if appropriate, recommendations. The subdivider may abandon the plat or make amendments to it. An amended plat must be submitted and reviewed in the same manner as the original plat and in accordance with this chapter, except that documents submitted with the original that apply equally to the amended plat need not be resubmitted. Action on the amended plat shall be in accordance with this chapter. (Ord. 1190, passed 10-4-94; Am. Ord. 1223, passed 4-16-96)

In the event that any developer or subdivider requests any modifications of a previously approved final plat of subdivision, the developer shall, as a condition to planning commission and city council consideration of the proposed modifications submit to the city:
(A) The final plat as originally approved.
(B) “Record” drawings showing the existing condition of all areas within the subdivision affected by such requested amendments as certified by the developer’s engineer.
(C) The plat of the subdivision or unit thereof previously approved as requested to be amended by the developer. Revisions of any amendments to a final plat shall be in conformance with the final plat revision provisions of this chapter.
(D) Any other materials that the city requests. (Ord. 1190, passed 10-4-94)

Except for roadway pavement, final surface course, sidewalks and parkway trees, all other residential subdivision required public improvements shall be fully constructed and completed within one year from the date of approval of the final plat of subdivision. Sidewalks and parkway trees for each lot shall be installed in conjunction with each lot development. Notwithstanding the foregoing, all sidewalks and parkway trees shall be installed before the final road surface course. The final road surface course shall be installed not later than after residential construction is fully completed on 75% of the lots or three years from final plat approval, whichever shall occur first. (Ord. 1190, passed 10-4-94)

In the event that all public improvements and all other contributions required are not fully completed or made within the time limitations for residential subdivisions as provided in Section 152.55 or within two years of the date of approval of the final plat of subdivision for any commercial or industrial subdivisions or earlier in the event the city council determines after notice to the developer that conditions exist in the status of such public improvements which are detrimental to the health, safety and welfare of the residents of the city of Wilmington, the board shall review the status of the subdivision and the installation of the public improvements.
After such review, the developer shall have a period of 45 days to complete the public improvements or offer an explanation of the failure to complete them which satisfies the city council. Thereafter, if completion of satisfactory explanation is not forthcoming, the city shall pursue any and all remedies deemed appropriate by the city council. These remedies include but are not limited to forfeiture of the subdivision letter of credit, after which the city may complete the subdivisions with such funds. (Ord. 1190, passed 10-4-94)

The subdivision layout shall conform to the comprehensive plan of the city:
(A) Whenever a tract to be subdivided embraces any part of a major thoroughfare or major collector street, so designated on said plan, such part of such public way shall be platted by the subdivider at the location and of the width indicated on the plan.
(B) Where a proposed park, playground, school site or other public area shown on any park and playground plan or the master plan is located in whole or in part within the proposed subdivision, such proposed public ground or park, if not dedicated to the city, board of education or county, shall be reserved for acquisition by the city, board of education or county within a period of one year following the date of approval.
(C) Allowance for open space within the proposed subdivision.
(D) The street layout of the subdivision shall be in general conformity with a plan for the most advantageous development of adjoining areas and the entire neighborhood.
(1) Where appropriate to the design, proposed streets shall be continuous and in alignment with existing planned or platted streets with which they are to connect.
(2) Unless the city determines to the contrary, proposed streets shall be extended to the boundary lines of the tract to be subdivided.
(3) Cul-de-sac (dead-end) streets shall not exceed 500 feet in length.
(E) Proposed streets shall intersect one another as nearly at right angles as topography and other limiting factors of good design permit.
(F) Wherever a common law dedicated or platted half-width street or alley exists adjacent to the tract to be subdivided, such street or alley must be constructed and completed within the full width and in conformance with city ordinances.
(G) All utilities including those on the perimeter of the development must be installed underground. Prior to installation of public utilities, the developer’s engineer shall certify that all public utility easements are to final rough grade and are suitable and ready for installation at all the utilities. After installation of utilities, the easement areas shall be restored to final rough grade and seeded with grass as soon as practicable.
(H) Easements for open drainage channels shall be 30 feet wide from the top of the channel bank. The minimum width of easements for sanitary and storm sewers shall be as follows:
(1) Pipe of 24 inches or less--10 feet.
(2) Pipe in excess of 24 inches--the pipe diameter rounded to the nearest foot plus 10 feet.
(I) Lands abutting railroads, major thoroughfares and major collector streets contemplated for residential development may be platted if appropriate when interference with traffic on such streets as well as the accident hazard can be minimized. This may be accomplished in the city’s sole discretion considering topography and other physical conditions, the character of existing and contemplated developments and these additional factors:
(1) The lots abutting such trafficways shall be at least 10 feet greater in depth than otherwise required.
(2) No lot shall front on a major thoroughfare or major collector street. Lots may front on a parallel local street where the front of the lot faces such local street. All such lots shall have a depth of 150 feet between the major street and the local street. No residential driveways shall connect with any major street.
(3) Protective screening. Protective screen planting, berming and/or fencing may be required to secure a reasonably effective physical barrier between residential properties and adjoining uses, railroads, and major streets in order to minimize adverse sight and sound conditions. The screen planting or fencing shall be in accordance with the requirements of the city.
(J) Blocks shall have sufficient width to provide for two tiers of lots of appropriate depth.
(1) The lengths of blocks shall be such as, in the opinion of the city council, are appropriate for the locality and the type of development contemplated, but shall not exceed 1,500 feet where the average size of lots does not exceed two acres in area.
(2) The number of intersecting streets with a major street shall be held to a minimum. Whenever practicable, blocks along such major streets shall not be less than 1,200 feet in length.
(K) At minimum, the rear 10 feet of all lots shall be reserved as a public utility easement. Easements shall be not less than 10 feet where electric, gas, cable television and telephone lines are to be accommodated and not less than 20 feet if sewer or water lines are to be accommodated or five times the size of the greatest line size, whichever is greater.
(L) Lots.
(1) The size, shape and orientation of lots shall be appropriate for the location of the proposed subdivision and for the type of development contemplated, provided that no residential lot shall contain less than the minimum square footage as required by city of Wilmington zoning ordinance.
(2) Excessive depth in relation to width shall be avoided, with a 2 to 1 ratio as a general guideline.
(3) Every lot shall abut a street and shall conform to minimum required zoning width at the minimum building setback line.
(4) Lots for single-family residential purposes shall meet the city zoning ordinance requirements, except that the cul-de-sac lots may be 75% of the normal lot width requirement at the street right-of-way line.
(5) Double-frontage lots shall not be platted, except as permitted in subsection (I)(2) of this section.
(6) Side lot lines shall be approximately at right angles to the right-of-way of the street on which the lot abuts.
(7) Corner residential lots shall be larger than interior lots to provide for a 30-foot corner side or front yard abutting the street in lieu of the normal required side yard.
(8) Residential lots abutting on major streets shall have a minimum setback distance of at least 10 feet greater than otherwise required for the yard abutting the thoroughfare or major street. (Ord. 1190, passed 10-4-94)

(A) The city of Wilmington and the Wilmington park district recognize the need for open space and recreational areas for the health and welfare of the citizens of Wilmington. Therefore, as a condition of approval for final plat of subdivision or for a final plat of a planned unit development, each subdivider or developer shall be required to pay a cash contribution for park land acquisition. To serve the immediate and future needs of the development seeking final plat approval, the amount of the required contribution must bear directly on the ultimate density of the proposed development. However, the city of Wilmington and the Wilmington park district further realize that prohibitive development costs could impair the future growth and development of the city of Wilmington. Therefore, the cash contribution required of the subdivider or developer shall be set at a nominal amount as stated herein. This amount does not reflect the true cost to cover the park land acquisition that the new development will ultimately necessitate but instead will act to defray a portion of the cost of park land acquisition.
(B) Amount of cash contribution. As a condition of approval of a final plat of subdivision, or of a final plat of a planned unit development, each subdivider or developer will be required to pay the city a cash contribution for park land acquisition to serve the immediate and future needs of the residents of the development. The amount of the cash contribution shall be $300 for each detached single-family residential lot or parcel. For multiple-family residential property, the cash contribution shall be $150 for each unit, a unit defined as space intended or designed as a dwelling for one family (e.g., for a four-unit apartment building, the contribution is $600). It is recognized that local conditions change over the years and the cash contribution provided in the foregoing is subject to periodic review and amendment, if necessary.
(C) Time of payment. The cash contributions required by this chapter shall be payable directly to the city, in one lump sum at the time of final plat approval. The money received will be set aside for appropriate use in connection with the Wilmington park district.
(D) Payment of cash contribution. Contributions received by the city pursuant to this chapter may be used as new park land is acquired. No party shall have any claim or right to a refund of cash contributions paid pursuant to this chapter.
(E) Prerequisite to annexation agreement. The cash contributions required by this chapter shall be a matter of policy of the city and provisions therefor shall be incorporated into any annexation agreement governing such land.
(F) Method of payment. The cash contributions required herein shall be made by certified check payable to the city of Wilmington and shall be deposited with the city clerk.
(G) Severability and validity. If any provision of this chapter, or the application thereof to any person or circumstances, is declared invalid by a court of competent jurisdiction, such partial invalidity shall not affect other provisions or applications of this chapter, which can be given effect without the invalid provisions or application thereof, and to this extent the provisions of this chapter are declared to be severable.
(H) Hold harmless. The Wilmington park district by accepting contributions pursuant to the terms herein agrees to save and hold harmless the city from and against any and all claims and demands for refunds of such monies and any and all damages occasioned by the requirement of the same, and further from defending any litigation commenced by any person seeking to declare any part of this chapter unconstitutional. (Ord. 1190, passed 10-4-94)

(A) Applicability. All subdivisions, approved after March 21, 2006, must donate land for park sites, cash in lieu of land or both in accordance with the provisions of this section. Subdivisions approved prior to March 20, 2006, are subject only to the provisions of Section 152.60 of this chapter.
(B) Letter of credit. To guarantee the dedication of park land or the contribution of cash in lieu thereof, the subdivider or developer must submit an irrevocable letter of credit in a form and from a financial institution that are both acceptable to the city. This letter of credit shall be in the amount of one hundred twenty-five percent (125%) of the cash contribution that would be required under subsection (F) of this section.
(C) Projected population calculations. For purposes of determining the amount of land or cash contributions in lieu of land that will be required of new residential development, its projected population density shall be calculated in accordance with the table following this subsection (“Table 1”), which is generally indicative of current and short-range projected trends in family size by age groups. It is recognized that population density may change over the years, and this table is subject to periodic review and amendment if necessary.

Source: Illinois School Consulting Service/Ehlers & Associates, Inc., Naperville, Illinois, 1996.

(D) Environmental audit. Prior to the conveyance of land to the city, the city shall be furnished with an environmental audit prepared by an environmental consultant acceptable to it, verifying that there are no “hazardous substances” (as hereinafter defined) on or under the property to be conveyed. The term “hazardous substance” includes without limitation:
(1) Those substances included in the definitions of “hazardous substances,” “extremely hazardous substances,” “hazardous materials,” “toxic substances,” “toxic chemicals,” “toxic wastes,” “hazardous chemicals,” “hazardous wastes,” or “solid waste” in CERCLA/SARA (42 U.S.C. 9601 et seq.), HMTA (49 U.S.C. 5101 et seq.), OSHA (29 U.S.C. 651 et seq.), RCRA/HSWA (42 U.S.C. 321 et seq.) and TSCA (15 U.S.C. 2601 et seq.), as amended and as they may be amended in the future, and in the regulations promulgated pursuant to said laws;
(2) Those substances included in the definitions of “hazardous substance,” “hazardous waste” or “potentially infectious medical waste” in the IEPA (415 ILCS 5/1 et seq.) and in the regulations promulgated pursuant to said Act or other Illinois laws pertaining thereto;
(3) Those substances listed in the United States Department of Transportation Table (49 CFR 172.101 and amendments thereto) or by the Environmental Protection Agency (or any successor agency) as hazardous substances (40 CFR 302 and amendments thereto);
(4) Such other substances, materials and wastes which are or become regulated under applicable local, state or federal law, or the United States government, or which are classified as hazardous or toxic under federal, state or local laws, ordinances or regulations;
(5) Any material waste or substance which is: (a) asbestos, (b) polychlorinated biphenols, (c) designated as a “hazardous substance” pursuant to Section 311 of the Clean Water Act (33 U.S.C. 1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. 1317), (d) explosive, or (e) radioactive.
(E) Criteria for land dedication. The land for park dedication must be suitable for the purpose(s) for which it is intended. Land set aside by subdividers or developers for parks, recreation and conservation/open-space purposes shall not be what has been left over after residential, commercial and industrial development has been designated. In fulfilling the requirements of this section, due regard should be shown for all natural features, such as large trees, watercourses, historic sites and similar assets, which if preserved will add attractiveness and value to the proposed development.
(1) The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication. Ten (10) acres of land per one thousand (1,000) of ultimate population shall be dedicated as park area.
(2) “Park area” shall be defined as land specifically adapted and planned for a wide range of activity, including, but not limited to, group games, physical education, sports and athletics. Park area shall not include land subject to flooding or that is otherwise unsuitable, as determined by the city, for reasons, including, but not limited to, topographical, subsoil or other conditions for building construction or recreational areas.
(a) Park area shall not include easements or water management areas, which shall be defined as those properties set aside as retention, detention or wetland, or easements; provided, however, that, although the city shall have no obligation to accept the donation of said parcels, it may determine on a case-by-case basis whether or not any easement or water management area should be accepted as part of the required park area.
(b) When subdividers or developers provide private recreation areas and facilities, including, but not limited to, private “swimming clubs,” it may have the effect of reducing the demand for local park areas.
(i) Such private areas and facilities are generally difficult or impossible to develop and maintain because ownership usually is surrendered to the adjacent owners or a homeowners’ association, which might not have the personnel or the financial resources for maintenance and improvement. Nevertheless, there may be instances in which the public is better served by providing for private recreation areas and facilities in lieu of public ones.
(ii) Credit for private recreation areas and facilities may be allowed only where the city has made a determination that private recreational areas, in lieu of or in conjunction with publicly dedicated recreational areas, will, by reason of the type of development, better serve the interests of the public than where wholly public dedications are required.
(iii) Where allowed, a substitution of private open space for dedicated park area will imply a substantially higher degree of improvement and the installation of recreational facilities, including equipment, by the subdivider or developer as part of his or her obligation. No credit shall be given for private recreation areas which do not meet the standards set forth in this section for park areas.
(iv) Detailed plans of such areas, including specifications of facilities to be installed, must be approved by the city. Before any credit is given for private recreation areas, the subdivider or developer must guarantee that these private recreation areas will be permanently maintained for such use by the execution of the appropriate legal documents.
(v) When an adjustment for private recreation areas is warranted, it will be necessary to compute the total park area dedication that would have been required from the subdivision or planned unit development, and then subtract the credit to be given for such private areas, as determined by the city.
(3) All park areas shall be fully improved by the subdivider or developer prior to dedication. Required improvements include, but are not limited to, electricity, gas, water and sewer service, streets, sidewalks, enclosed drainage, curbs and gutters installed in compliance with ordinances of the city. Each park area shall be located on and have direct access to a fully improved street. Monuments shall be established prior to dedication in conformity with the provisions set forth in Section 152.94 of this title.
(4) Each park area shall have sufficient level ground, uninterrupted by streams and drainage ditches, to permit its development for sports fields or other recreational areas and shall be landscaped according to plans approved by the city.
(a) Slope.
(I) Park area slopes should not vary greatly in appearance from existing and adjacent slopes.
(II) Optimum slopes range from two percent (2%) minimum to five percent (5%) maximum. No less than two percent (2%) slope is acceptable under any circumstances.
(III) Maximum allowable slope is ten percent (10%), except under special conditions where greater slopes are desirable to enhance recreation and leisure utilization.
(b) Grading.
(I) Rough grading shall be completed at time of rough grading of adjacent contiguous areas.
(II) Grading shall comply with plans approved by the city.
(III) Subgrade shall be graded and compacted so it will parallel finished grade.
(IV) On-site drainage patterns shall be designed and constructed to ensure flow toward swales and drainage away from active recreation areas and existing and proposed structures.
(c) Soils.
(I) Soils shall not differ from those occurring naturally.
(II) Soils shall not offer any restriction to proposed recreation and leisure utilization.
(III) Topsoil shall be spread evenly and lightly compacted to a minimum depth of six inches (6") over the entire site.
(IV) Topsoil will be good, friable soil, with good tillage, and shall be without any admixture of subsoil, gravel, stones, refuse, sand or other subsurface elements.
(V) Topsoil shall not be placed in a muddy or frozen condition.
(VI) Topsoil shall contain no toxic substances which may be harmful to plant growth.
(VII) Topsoil shall be spread no later than the placement of topsoil on the first lot adjacent to the park site.
(d) Seeding.
(I) All proposed park areas shall be seeded and an acceptable stand of grass established prior to dedication of the area to the city.
(II) Seeding shall utilize groundcovers and grasses approved by the city.
(III) Seeding should be completed during desirable fall and spring planting times, dependent upon recommended seed planting specification for seed.
(IV) Seeding should be done on moderately dry soil on a seedbed which will easily accept and nurture germination of seeds.
(V) The subdivider or developer shall be responsible for making necessary reparation to the site caused by erosion. Reparations shall be completed prior to acceptance by the city.
(5) Land for park dedication shall be conveyed upon the acceptance of all public improvements or at such other time designated by the city.
(6) Real estate taxes incurred but not yet due at the time of conveyance shall be paid by the subdivider or developer when the same shall become due.
(7) Each deed or other instrument conveying land to the city shall be accompanied by the following:
(a) A written commitment issued by a title insurer licensed to do business in Illinois to insure the city’s title to such real estate in an amount equal to its value computed pursuant to subsection (F) of this section, subject only to then current real estate taxes, covenants, conditions and restrictions which do not prohibit the use of the subject real estate for park use, utility easements located within twenty (20) feet of the boundary lines of the subject real estate, feeders, laterals and underground pipe or other conduit, drainage ditches and acts done or suffered by or judgments against the city.
(b) A boundary line survey completed within ninety (90) days prior to closing certified to the city by a licensed Illinois land surveyor to be in compliance with the Illinois Land Survey Standards.
(c) Except in instances where the real estate to be conveyed is a lot in a recorded subdivision, an assessment plat and tax division petition in form acceptable to the appropriate county authorities so that the land to be conveyed can be assigned its own permanent real estate index number for exemption purposes.
(d) Sufficient guarantees of the payment of real estate taxes that have been incurred up to the time of conveyance but have not yet become due.
(F) Criteria for requiring cash contributions in lieu of land dedications.
(1) Whenever the land dedication required by this section is determined by the city to be unsuitable on the basis of: (a) size, (b) usefulness for park, recreation or conservation/open-space purposes, or (c) inability to meet requirements of subsection (E) of this section, the city shall require the subdivider or developer to pay a cash contribution in lieu of, or in combination with, a land dedication.
(2) The cash contributions in lieu of land dedication shall be calculated at the rate of $105,000 per acre of land that would otherwise have been dedicated. This figure was calculated by adding the fair market value of an unimproved acre of land in the city of Wilmington to the estimated costs of fully improving such an acre as set forth in subsection (E) of this section. It is recognized that land values may change over the years, and this figure is subject to periodic review and amendment if necessary. In addition, a subdivider or developer may contest this figure by submitting: (a) an appraisal from a real estate appraiser licensed in the state of Illinois or other evidence to the city showing the fair market value of an acre of land in the area of its development, and (b) a good-faith estimate of the costs it would incur in fully improving an acre of its development as set forth in subsection (E) of this section. The city shall make a final determination of the fair market value per acre of such land based upon information submitted by the subdivider or developer and other sources which may be secured by or submitted to the city.
(3) The cash contributions required by this section shall be payable directly to the city in one lump sum at the time of final plat approval.
(4) In addition to the land and cash donations provided for herein, additional cash contributions as negotiated by and between the subdivider or developer and the city may be required to provide for services between the time of occupancy and the receipt of tax revenue from the property.
(5) The cash contributions collected by the city pursuant to this section shall only be used for the purchase of land for park areas or for capital improvements to new or existing park areas. Capital improvements may include, but shall not be limited to, any of the following:
(a) The development of parking lots, sidewalks, traffic signals, arterial streets, collector streets, internal roadways, playgrounds, recreation grounds, athletic fields and connections with sewer, water and electrical lines;
(b) The construction of buildings and additions to existing buildings;
(c) The purchase of any material, goods or equipment necessary for development or construction.
(6) The city shall turn over to the Wilmington park district all dollars actually collected under this section on a quarterly basis.
(G) Annexation. The land and/or cash donations required by this section shall also be required as a condition precedent to the annexation of any land to the city and provisions therefor shall be incorporated in any annexation or pre-annexation agreements governing such land; provided, however, that the city may negotiate for the donation of more than ten (10) acres of land per one thousand (1,000) of ultimate population or its cash equivalent.
(H) Right to vary requirements. Notwithstanding any of the foregoing provisions, the city reserves the right to vary any and all requirements on a case-by-case basis as it deems necessary to serve the citizens of the city.
(I) Wilmington park district. While the ultimate decision as to the final location of any park site or the acceptance of a cash contribution in lieu thereof must be reserved to the city, the city recognizes that the ultimate responsibility for development and maintenance of recreation land and facilities lies with the Wilmington park district. The city shall provide the park district with copies of all preliminary plats submitted to the city and request that the park district submit its comments to the city. (Ord. 06-03-21-07, passed 3-21-06; Am. Ord. 06-06-20-02, passed 6-20-06)

(A) Amount of cash contribution. As a condition of approval of a final plat of subdivision, or of a final plat of a planned unit development, each subdivider or developer will be required to pay a cash contribution for library purposes to serve the immediate and future needs of the residents of the development. The amount of the cash contribution shall be $65 for each detached single-family residential lot or parcel. For multiple-family residential property, the cash contribution shall be $30 for each unit, a unit defined as space intended or designed as a dwelling for one family (e.g., for a four-unit apartment building, the contribution is $120).
It is recognized that local conditions change over the years and the cash contribution provided in the foregoing is subject to periodic review and amendment, if necessary.
(B) Time of payment. The cash contributions required by this chapter shall be payable directly to the city in one lump sum at the time of final plat approval. The money received will be set aside and thereafter distributed to the library.
(C) Payment of cash contribution to library. Contributions received by the library pursuant to this chapter may be used as the library deems appropriate. No party shall have any claim or right to a refund of cash contributions paid pursuant to this chapter.
(D) Prerequisite to annexation agreement. The cash contributions required by this chapter shall be a matter of policy of the city and provisions therefore shall be incorporated into any annexation agreement governing such land.
(E) Method of payment. The cash contributions required herein shall be made by certified check payable to the city of Wilmington and shall be deposited with the city clerk.
(F) Severability and validity. If any provision of this chapter, or the application thereof to any person or circumstances, is declared invalid by a court of competent jurisdiction, such partial invalidity shall not affect other provisions or applications of this chapter, which can be given effect without the invalid provisions or application thereof, and to this extent the provisions of this chapter are declared to be severable.
(G) Hold harmless. The Wilmington library district by accepting contributions pursuant to the terms herein agrees to save and hold harmless the city from and against any and all claims and demands for refunds of such monies and any and all damages occasioned by the requirement of the same, and further from defending any litigation commenced by any person seeking to declare any part of this chapter unconstitutional. (Ord. 1190, passed 10-4-94)

All roadways, sidewalks and other surface improvements shall be constructed in accordance with the then current editions of the Illinois Department of Transportation’s “Standard Specifications for Road and Bridge Construction,” and “Highway Design Manual” and the requirements of this chapter, whichever are more restrictive. (Ord. 1190, passed 10-4-94)

Whenever it is deemed to be in the best interest of the city, the city may require certain improvements be made of a greater size than is necessary to serve that particular subdivision. Such improvements may include but are not limited to: sewer and water pumps, mains, lines, storage or distribution facilities, streets and roadways, and public utility facilities. (Ord. 1190, passed 10-4-94)

(A) The minimum grades of streets shall be not less than 0.5% nor exceed the following except where topography necessitates:
(1) Major streets: 4%.
(2) Collector streets: 6%.
(3) Local streets and service drives: 7%.
(4) Pedestrian ways or crosswalks: built pursuant to federal and state of Illinois standards and for handicap access.
(B) All changes in street grades in excess of 1% shall be connected by vertical curves. Minimum length in feet of these curves shall provide a sight distance of not less than 300 feet, measured from an eye level four feet high, with a clear view of an obstacle not over two feet high. The minimum length of a vertical curve shall be as required by the city engineer but not less than 100 feet.
(C) The radii of curvature on the center line shall not be less than the following:
(1) Major thoroughfares: 400 feet.
(2) Collector streets: 300 feet.
(3) Local streets and service drives: 150 feet. (Ord. 1190, passed 10-4-94)

(A) Street curb intersections shall be rounded by radii of at least 20 feet where local streets intersect with other local streets in residential districts, and shall be at least 25 feet at any intersection with any other street of higher classification.
(B) The above minimum radii shall be increased when the smallest angle of intersection is less than 60 degrees. (Ord. 1190, passed 10-4-94)

(A) Major thoroughfares shall be no less than 120 feet with median and not less than 100 feet where there is to be no median.
(B) Collector streets shall be not less than 80 feet wide.
(C) Local streets shall be not less than 66 feet wide.
(D) All cul-de-sac streets shall terminate in a circular turnaround having a minimum right-of-way diameter of 120 feet, and shall be constructed in accordance with the typical cross-sections set forth in Diagram 152.74, following this section, and other provisions of this code. (Ord. 1190, passed 10-4-94; Am. Ord. 1223, passed 4-16-96)

Minimum pavement width shall be 31 feet between the back of each curb for local streets and 40 feet between the back of each curb on collector streets. Pavement widths for major thoroughfares shall be determined by the city. The pavement of a turning circle at the end of a dead-end street shall have a minimum outside diameter of 90 feet measured between the back of curb. All streets shall be constructed in conformance with the typical street sections as shown in Diagram 152.74, above, and Diagram 152.75, following this section, and all other applicable provisions of the city subdivision regulations. (Ord. 1190, passed 10-4-94; Am. Ord. 1223, passed 4-16-96)

Curbs and gutters are required on all streets. Local and minor residential collector streets shall have city standard mountable curbs. All other curbs shall be IDOT standard barrier curbs B6.18 or wider. All curbs shall be handicap accessible at sidewalk intersections. (Ord. 1190, passed 10-4-94)

The design and construction of streets in the city shall be, at minimum, in accordance with the state of Illinois Department of Transportation Standard Specifications for Road and Bridge Construction and the Illinois Department of Transportation Division of Highways Design Manual hereafter collectively called IDOT Design. These are minimum requirements, and if soil or other conditions warrant, then the requirements may be more restrictive. However, in any case the design structural number as defined in the IDOT Design shall not be less than two before the surface course is constructed in the case of flexible pavements.
(A) Major thoroughfare streets shall be designed as Class I streets as defined in the IDOT Design.
(B) All other streets shall be designed as Class II streets as defined in the IDOT Design.
(1) Flexible pavement.
(a) The minimum final compacted thickness of the aggregate base course for flexible pavement shall be as follows:
1. Local streets: IDOT structural number of 1.5 but not less than 11 inches.
2. Major and minor collector streets: IDOT structural number of 1.5 but not less than 11 inches.
3. Streets in commercial or industrially zoned districts: IDOT structural number of 1.9 but not less than 15 inches.
(2) Portland cement pavement (P.C.C. pavement). P.C.C. pavement: Portland cement concrete pavement will also be permitted for roadway pavements. P.C.C. pavement shall be designed in accordance with the Illinois Department of Transportation Standard Specifications Design Manual. Minimum thickness of P.C.C. pavements shall be six inches.
(C) The bituminous pavement shall consist of both a bituminous concrete binder course and a bituminous concrete surface course, Class I. The minimum final compacted thickness of each course shall be as follows:
(1) Binder course--1 1/2 inches.
(2) Surface course--1 1/2 inches.
(D) Prerequisite to street construction. Before the base course of the roadway pavement is laid, all of the underground work such as sewer, water and gas mains, house service connections therewith, and any underground conduits or wires for electric or telephone shall be completely installed in place and the installation approved by the city engineer. The roadway pavement shall not be laid until the backfilling of all trenches dug for the installation of the aforementioned utility services has been completely settled or compacted to the satisfaction of the city.
(E) Prerequisite to building construction. For flexible pavement streets the bituminous binder course shall be in place prior to the opening of the street to traffic and commencement of construction of any buildings in the subdivision.
(F) Prerequisite for final surface course. Before the surface course of the roadway pavement is laid all depressions in the binder course shall be properly filled and brought to the required grade so as to create a level surface.
The final surface course shall not be installed until the binder course has been in place for one winter season and the requirements of Section 152-55 are met.
(G) Testing. The city reserves the right to require that borings be taken and other tests performed by the developer. (Ord. 1190, passed 10-4-94)

Sidewalks shall be constructed on both sides of every street, including cul-de-sac streets. Sidewalks shall be five feet wide on all streets. All sidewalks shall be handicap accessible per ADA requirements. All sidewalks shall conform with the typical street sections in Diagram 152.75. (Ord. 1190, passed 10-4-94; Am. Ord. 1223, passed 4-16-96)

(A) At the developer’s sole expense, the developer shall install, a complete street lighting system in all subdivisions, in conformance with plans approved by the city. The developer shall dedicate the street lighting system to the city of Wilmington. Upon acceptance of the dedication, the city will own, operate and maintain the lighting system.
(B) In addition to other costs, the developer shall pay all costs of energy and maintenance of the lighting system until it is accepted by the city.
(C) Streetlight poles and fixtures shall be of a type approved by the city.
(D) Streetlights shall be installed at all street intersections, at the end of cul-de-sac streets, and at a maximum spacing of 300 feet between lights, or every third house, whichever distance is less.
(E) Streetlight locations shall be shown on the construction plans and are subject to review and approval by the city engineer. The construction plans shall also show the type of luminaries and poles to be installed.
(F) Unless otherwise required by the city, streetlights shall be 400-watt, high-pressure sodium vapor lamps on six-foot-long bracket arms, mounted on 25-foot-high concrete poles. (Ord. 1190, passed 10-4-94; Am. Ord. 1261, passed 9-16-97)

(A) Tree preservation.
(1) The intent of this section is to avoid the unthinking clearing of a site simply to make it easier to install other improvements, as well as to conserve as much of the rural or wooded atmosphere of the city as possible.
(2) The location and type of all trees larger than six inches in diameter, as measured 12 inches above ground level, shall be noted on the grading plan. Trees to be saved, transplanted or moved shall be sown either directly on the grading plan or on an overlay. The city engineer may require changes to the grading plan or to the preliminary plans if, in his or her opinion, an essentially equivalent scheme employing tree walls or other such modifications may save desirable existing trees or other features.
(3) Trees to be preserved shall be determined upon the recommendation of the city planner based upon tree size, tree species, extent of existing tree mass, benefit to proposed development and visual quality benefit to the city.
(4) Trees to be saved that are badly damaged or destroyed by construction activities shall be replaced by three-inch diameter minimum trees on an inch-for-inch basis upon recommendation of the city planner and approval by the planning commission.
(B) Trees shall be installed and preserved, as required under city ordinances. (Ord. 1190, passed 10-4-94; Am. Ord. 06-04-04-02, passed 4-4-06)

The subdivider shall bear the cost of furnishing and installing standardized street and regulatory signs as determined by the city. The city shall install and maintain these signs. (Ord. 1190, passed 10-4-94)

(A) Only Clow Medallion hydrants shall be installed. Each hydrant shall have a washed gravel base covered by a membrane and shall be equipped with a five-inch permanent adapter.
(B) Manholes shall be chimney-sealed, with membranes on seams.
(C) Only gate valves shall be installed. All valves shall be placed in vaults.
(D) Only pressure taps shall be installed.
(E) Catch basins, including, but not limited to, settling catch basins, shall be installed where appropriate, as determined by the public works director.
(F) All plastic services shall have a tracer line installed. (Ord. 06-04-04-02, passed 4-4-06)

At least two business days prior to starting any of the work covered by the plans approved as above, the developer shall arrange with the city engineer for inspection of the work and public improvements in the development, to insure compliance. Failure to timely notify the city engineer may result in work stoppage, dismantling or uncovering of installations. Prior to any work on the site, the developer shall designate, in writing to the city and the city engineer, the name, address, home, office pager and cellular telephone number of at least two field representatives, one of whom must be readily available whenever construction and/or testing is taking place. (Ord. 1190, passed 10-4-94)

(A) No building permits will be issued by the city until all curbs, gutters, functioning water and sewer lines, mass grading and the street bituminous binder course have been completed, certified as correctly installed and in conformance with the subdivision plans and specifications by the developer’s engineer and inspected and approved by the city. The issuance of building permits does not constitute acceptance of any public improvements by the city.
(B) No occupancy permits will be issued by the city until all utilities and underground improvements have been completed, certified as correctly installed and in conformance with the subdivision plans and specifications by the developer’s engineer and inspected and approved by the city. The issuance of occupancy permits does not constitute acceptance of any public improvements by the city. No occupancy permits shall be issued by the city until operating permits for water and sewer have been approved and issued by the Illinois Environmental Protection Agency. (Ord. 1190, passed 10-4-94; Am. Ord. 06-04-04-02, passed 4-4-06)

Prior to acceptance of any dedication, the developer shall provide the city with one reproducible sepia copy and five prints of record drawings including location and depth of all water mains and storm and sanitary sewers and location of water and sewer services tied to fire hydrants and downstream manholes. (Ord. 1190, passed 10-4-94)

(A) As a condition to subdividing and/or developing land in the city of Wilmington, the developer specifically agrees and warrants to the city that all work shall specifically conform to the final plat of subdivision and supporting documents submitted to and approved by the city of Wilmington.
(B) Warranty period. That the developer specifically warrants all public improvements dedicated to and accepted by the city of Wilmington for a period of two years after city acceptance of the dedication of all public improvements. The developer specifically warrants to the city all materials were of highest grade and quality and that all of such improvements were correctly and completely installed in conformance with the approved final subdivision plat, supporting final plat documents and city standards. The developer agrees that during the two-year warranty period, it will correct all defects or deficiencies in such public improvements as determined solely by the city.
(C) Warranty security. As additional security and as a condition for the city’s acceptance of the dedication of all public improvements, the developer shall post an irrevocable letter of credit with a minimum of a two-year term with an institution or company in a form solely acceptable to the city in the amount of 15% of the cost of all such public improvements. This letter of credit may be called upon by the city as an additional remedy in the event the subdivider fails to fully perform warranty work required under this chapter. (Ord. 1190, passed 10-4-94)

Permanent metal monuments consisting of bars not less than one-half inch in diameter and 36 inches in length, encased on a concrete cylinder at least four inches in diameter and 36 inches in depth shall be located in the ground at all angles in the boundaries of the land platted; at all intersections of the lines of streets and/or alleys, and at all the lines of streets and alleys with the boundaries of the plat. (Ord. 1190, passed 10-4-94)

(A) Unless expressly requested otherwise, upon completion and full approval by the city of the public improvements required by this chapter, the owner/subdivider shall cause all right, title and interest in said improvements, including, but not limited to, water and sanitary sewer mains, streets, street lighting, parkways, storm sewers and, if requested by the city, stormwater management facilities, to be dedicated to the city by proper instruments to be approved by the city attorney. All dedications shall be at no expense to the city.
(B) Upon installation of all required improvements, the developer must arrange an inspection of the improvements by the public works director, water department director and city engineer. If, at the time of the inspection, items are found that are not completed or acceptable, the city engineer shall prepare a punch list of corrections which must be completed by the developer prior to acceptance. City personnel shall monitor the completion of the punch list, and the city engineer shall submit a written recommendation to the finance and building committee after all improvements have been satisfactorily completed. The city engineer’s recommendation shall be reviewed by the finance and building committee, which shall then recommend whether the city council should accept the improvements. The city council must pass a written resolution before any improvements dedicated can be officially accepted into the city.
(C) Prior to acceptance of the dedication of public improvements, all required record drawings must be submitted to the city by the developer and approved. If any improvements were installed at any location other than that depicted on the record drawings, the developer must submit “as built” drawings illustrating where such improvements were actually installed.
(D) The developer must perform all repairs to the improvements which become necessary during the two-year period following acceptance. At the end of this period, the letter of credit may be released as follows:
(1) The developer must arrange an inspection of the improvements by the public works director, water department director and city engineer.
(2) If, at the time of the inspection, any improvements are in need of repair, the city engineer shall prepare a punch list of repairs which must be completed by the developer prior to releasing the letter of credit.
(3) City personnel shall monitor the completion of the punch list, and the city engineer shall submit a written recommendation to the finance and building committee after all repairs have been satisfactorily completed.
(4) The city engineer’s recommendation shall be reviewed by the finance and building committee, which shall then recommend whether the city council should release the letter of credit.
(5) The city council must pass a written resolution before the letter of credit may be released. (Ord. 1190, passed 10-4-94; Am. Ord. 06-04-04-02, passed 4-4-06)

All sanitary sewers, storm sewers, and water mains shall be constructed in accordance with the then-current edition of “Standard Specifications for Water and Sewer Main Construction in Illinois” and the requirements of this chapter, whichever are more restrictive. (Ord. 1190, passed 10-4-94)

Whenever it is deemed to be in the best interest of the city, the city may require certain improvements be made of a greater size than is necessary to serve that particular subdivision. Such improvements may include but are not limited to: sewer and water pumps, mains, lines, storage or distribution facilities, streets and roadways, and public utility facilities. (Ord. 1190, passed 10-4-94)

(A) City utilities. Water, sanitary sewers, and storm drains and lines shall be located within the street right-of-way in locations approved by the city engineer.
(B) Underground franchise utilities. Underground conduits for electric, cable T.V., gas or telephone lines shall be located in easements reviewed and approved by the public works director along front, rear or side lot lines, with the right of the utilities and services concerned to install, lay, construct, renew, operate and maintain conduits, cables and pipes with all necessary normal equipment or appurtenances for the purpose of providing the subdivision with adequate service. No permanent buildings shall be placed on an easement provided for utilities. Prior to final plat approval, all utilities must indicate that the size and location of the easement shown on the plat is satisfactory for their purposes. (Ord. 1190, passed 10-4-94; Am. Ord. 06-04-04-02, passed 4-4-06)

Water supply and water distribution facilities shall be designed in accordance with the requirements of the State of Illinois Environmental Protection Agency to provide adequate flow for fire and domestic needs. The water system shall be designed to provide for reasonable expansion and extension of the system. The minimum size water main shall be six-inch internal diameter. Larger water mains will be required where necessary for fire flow or for continuity of the system. All water mains shall be sized to meet the fire protection requirements of the then-current edition of Fire Rating Manual or as otherwise required by the city. The sizing of the water mains shall be subject to approval of the city. No valves shall be located in sidewalk or driveway approach. All Buffalo boxes have to be within the parkway and not greater than eight feet off the lot line. (Ord. 1190, passed 10-4-94)

Every subdivision shall be provided with a stormwater or surface drainage system adequate to facilitate a 10-year flood in the area, being platted and in conformance with a master storm drainage plan of the watershed of which it is a part. All subdivisions should comply with the city’s stormwater management ordinance and floodplain ordinance together with other regulations and policy as applicable.
Drainage swales shall have a minimum bottom width of two feet and the side slopes shall not exceed a slope of greater than 3 to 1.
Immediately prior to the final inspection of the public improvements and before their acceptance by the city, all storm sewers, manholes, inlets and catch basins in the entire system shall be cleaned of all debris and the complete system shall be thoroughly flushed out.
A storm sewer service line shall be provided for each lot within the subdivision. All residential stormwater sump discharge lines shall be attached to this line. The mainline storm sewers shall be not less than 12 inches in diameter and adequately sized to accept the stormwater discharge from these services in addition to the 10-year design storm.
All existing field tiles must be identified in the preliminary plat and the development grading plan. (Ord. 1190, passed 10-4-94; Am. Ord. 1223, passed 4-16-96)

Where a public sanitary sewer main is within 5,280 feet of the subdivision and is reasonably accessible, the city council, on recommendation of the planning commission, shall require that a complete sanitary sewer system be provided for the subdivision. This system shall be connected to the public sanitary sewer main and include service connections for each lot at the lot line. Where the city council, on recommendation of the planning commission, determines that a public sanitary main is not reasonably accessible, proper provisions shall be made for the disposal of sanitary wastes by the following method:
In the case of a subdivision in which the minimum size of the net lot is 43,560 square feet, private restrictions shall be filed with the final or record plat and incorporated in each deed calling for the installation of each lot of an individual sewage disposal system meeting fully the requirements of the officials having jurisdiction, including the County of Will and the Will County health department. No individual sewage system shall be installed on a lot of less than 43,560 square feet. (Ord. 1190, passed 10-4-94)

No manholes shall be located in a sidewalk and no manhole or storm sewer inlets shall be located in a crosswalk or sidewalk and should be avoided in the driveway approach. (Ord. 1190, passed 10-4-94)

In any case where the subdivider can show that by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of this chapter would cause undue hardship, the planning commission may recommend a variance to the city of Wilmington. The city of Wilmington may vary such requirements to the extent deemed just and proper, so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public good and without impairing the intent and purpose of these regulations or the desirable general development of the neighborhood and the community in accordance with the master plan and the zoning ordinance. Any variance thus granted by the city of Wilmington shall be in writing, filed with the records of the subdivision in the office of the planning commission, and shall set forth the final basis on which it was granted. (Ord. 1190, passed 10-4-94)

The standards and requirements of these regulations may be modified by the planning commission in the case of a plan and program for a complete community or a planned unit development which in the judgment of the planning commission will provide adequate public spaces and improvements for traffic circulation, recreation, light, air, and the service needs of the area when fully developed and populated.
Such plan and program shall include such legal provisions as will assure achievement of the plan as finally approved by the planning commission.
Procedure for submitting, processing and disposition of proposals for planned unit developments shall be in accordance with applicable plans and city ordinances and shall proceed any rezoning seeking P.U.D. (Ord. 1190, passed 10-4-94)

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 1190, passed 10-4-94; Ord. 1574, passed 7-15-03)

To the City of Wilmington, City Council and Mayor:

_________________________________ hereinafter referred to as “Developer” hereby applies for consideration and approval of its Preliminary Plat of subdivision in accordance with the Wilmington Ordinance.

1. Developer is/is not the owner of record of the land sought to be subdivided.

2. The subdivision name is ____________________________________________________________________.

3. The attached plat is a complete and accurate depiction of the land sought to be subdivided.

4. Developer holds the land by virtue of the deed recorded in the office of the Will County Recorder dated ____________________.

5. The land sought to be subdivided totals ______________ acres.

6. There are no encumbrances, liens, covenants or other restrictions upon the land except for the following:

7. The land encompasses the following zoning districts, as shown on the attached plat:

8. The proposed subdivision complies with the Wilmington Zoning Ordinance.

9. There are no existing buildings or structures on the land which are not shown on the map.

10. Developer promises to provide the City of Wilmington with a complete and accurate list of the names and addresses of every contractor and subcontractor at least three (3) weeks before beginning any construction.

11. Developer warrants that he has, within the documents attached hereto and made a part hereof, satisfied all requirements of the City of Wilmington Subdivision Ordinance.