These regulations shall be known and may be cited and referred to as the “Subdivision Regulations for the Village of South Jacksonville, Illinois” and may be referred to herein as “this chapter” or “chapter”.

(Ord. 889, passed 8-4-2005)

These regulations are hereby made a part of the Official Comprehensive Plan of the village.

(Ord. 889, passed 8-4-2005)

These regulations are adopted for the following purposes:

(A)   To ensure sound, harmonious subdivision development and community growth, and to safeguard the interest of the home owner, the subdivider, the investor, and the village;

(B)   To provide permanent assets to the locality and to the village;

(C)   To prevent scattered development beyond existing public utilities and prevent excessive development cost;

(D)   To assure the development of land for the highest possible use with all the necessary protection against deterioration and obsolescence; and

(E)   To provide common grounds of understanding and a sound working relationship between the village and the developer.

(Ord. 889, passed 8-4-2005)

(A)   No person shall subdivide any tract of land which is located within the village or in any unincorporated area which is located entirely or in part within one and one-half miles of the nearest limits of the village except in conformity with the provisions of this section.

(B)   The subdivision plans and plats, proposed improvement to be installed, and all procedures relating thereto, shall in all respects be in full compliance with the regulations herein.

(C)   All subdivisions requiring proposed streets shall have street configurations as indicated on the Village Comprehensive Plan adopted March 6, 2003.

(Ord. 889, passed 8-4-2005)

(A)   Wherever any subdivision of land shall hereafter be laid out within the incorporated limits of the village or within contiguous territory not more than one and one-half miles beyond the incorporated boundary of the village, the subdivider thereof or his or her agent, shall submit preliminary and final subdivision plats and plans to the Plan Commission. Said plats and plans of proposed improvements, and all procedure relating thereto, shall in all respects be in full compliance with these regulations.

(B)   Until plats and plans for the subdivision are approved:

(1)   No land shall be subdivided, nor any street laid out, nor any improvements made to the natural land;

(2)   No lot, tract, or parcel of land within any subdivision shall be offered for sale nor shall any sale, contract for sale, or option be made or given; and

(3)   No improvements, such as sidewalks, water supply, stormwater drainage, sanitary sewerage facilities, gas service, electric service or lighting, grading, paving or surfacing of streets, shall hereafter be made by any owner or owners or his, her, or their agent, or by any public service corporation at the request of such owner or owners or his, her, or their agent.

(C)   All lands offered to the village for use as streets, highways, alleys, schools, parks, playgrounds, and other public uses, shall be referred to the Plan Commission for review and recommendation before being accepted by the Village Board or by any other governing authority of the village.

(D)   Where a tract of land proposed for subdivision is part of a larger, logical subdivision unit in relation to the village as a whole, the Plan Commission may, before approval, cause to be prepared a plan for the entire area or neighborhood; such plan to be used by the Plan Commission as an aid in judging the proposed plat. The Village Engineer shall cooperate with the Plan Commission in the preparation of this plan and shall furnish such surveys and data as may be necessary.

(E)   Whenever an area is subdivided into lots of 30,000 square feet or more and there are indications that such lots will eventually be re-subdivided into smaller building lots, consideration shall be given to the street and lot arrangement of the original subdivision so that additional minor streets can be located which will permit a logical arrangement of smaller lots.

(F)   (1)   In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements.

(2)   Where the conditions imposed by any provision of these regulations upon the use of land are either more restrictive or less restrictive than comparable conditions imposed by any other provision of these regulations or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements, shall govern.

(3)   These regulations are not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of these regulations are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, then the requirements of these regulations shall govern.

(4)   If any section, subsection, sentence, clause, phrase, or portion of these regulations are for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

(Ord. 889, passed 8-4-2005)

(A)   In the construction of these regulations, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise.

(B)   (1)   Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.

(2)   The word “shall” is mandatory and not discretionary.

(3)   The word “may” is permissive.

(4)   The word “lot” shall include the words “plot”, “piece”, and “parcel”.

(5)   The phrase “used for” shall include the phrases “arranged for”, “designed for”, “intended for”, “maintained for”, and “occupied for”.

(C)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALLEY. A public right-of-way primarily for vehicular traffic along the side or in the rear of properties, which affords only a secondary means of access to abutting properties.

AMERICAN DISABILITIES ACT. The rules and policies providing for handicapped accessibility, and the like.

BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways, or corporate boundary lines of the village.

BUILDING. Any structure designed, built, or intended for the shelter, enclosure, or protection of persons, animals, chattels, or movable property of any kind.

BUILDING SETBACK LINE. A line within a lot or other parcel of land, so designated on the plats of the proposed subdivision, between which and the adjacent boundary of the street upon which the lot abuts, the erection of a building is prohibited.

COMMISSION. Whenever the words “Commission”, “Plan Commission”, or “Village Plan Commission” are used in these regulations, they shall mean the PLAN COMMISSION of the Village of South Jacksonville, Illinois.

CROSSWALK. A public right-of-way of land located across a block to provide pedestrian access to adjacent streets or areas.

CUL-DE-SAC. A minor street having one open end and being permanently terminated by a vehicle turnaround.

DEVELOPMENT PLANS. Documents including the preliminary plat (general plan) and construction plans and specifications by which streets and utilities are to be constructed.

EASEMENT. A grant by a property owner for the use of a strip of land by the general public, a corporation, or a certain person or persons for a specific purpose or purposes.

ENDANGERED SPECIES. Flora and fauna species listed as threatened or endangered with the state.

GENERAL COMPREHENSIVE DEVELOPMENT PLAN. The general comprehensive street, roadway, utility, and zoning plan.

IEPA. The Illinois Environmental Protection Agency refers to that agency of the State of Illinois which establishes guidelines, specifications, and procedures, and permits the installation of water and sewer facilities.

LOT. A portion of a subdivision or other parcel of land intended for transfer of ownership or for building development.

MINIMUM SUBDIVISION REQUIREMENTS. The minimum requirements for the development of a subdivision within the jurisdictional area of the Village of South Jacksonville. The village may stipulate and require facilities exceeding the minimum requirements.

NATIONAL FLOOD INSURANCE. The program of rules and policies of the Federal Emergency Management Agency, which establishes the boundaries of floodways.

PARKWAY. A route intended to be used primarily by passenger vehicles which may have a varying width of right-of-way and which right-of-way is or is intended to be developed with a park-like character.

PLAT. A plan, map, drawing, or chart on which the subdivided plan of the subdivision is presented and which he or she submits for approval and intends to record in final form.

PLAT, FINAL. The drawings and documents presented for final approval and as described in § 153.022. The FINAL PLAT shall meet the requirements of Ill. Rev. Stat. Ch. 109, and amendments thereto.

PLAT, PRELIMINARY (GENERAL PLAN). The drawings, special provisions, and documents presented for conditional approval and as described in § 153.021, and the general comprehensive development plans, meeting the requirements of §§ 153.035 through 153.042.

RIGHT-OF-WAY. The land, rights, or other property necessary for roadways and their appurtenances.

ROADWAY. The paved area for vehicular traffic existing on a street right-of-way and not the street right-of-way width.

STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. These are standard specifications and amendments thereto adopted by the Illinois Department of Transportation/Division of Highways referencing construction procedures, construction materials, and construction equipment which shall be complied with during the construction of streets and public utilities.

STANDARD SPECIFICATIONS FOR WATER AND SEWER MAIN CONSTRUCTION IN ILLINOIS. These standard specifications and supplements thereto reference the construction procedures and construction materials which shall be used during the installation of water or sewer utilities.

STREET. An area which primarily serves or is intended to serve as a vehicular and pedestrian access to abutting lands or to other streets. The word STREET refers to the width of the street right-of-way or easement, whether public or private, and shall not be considered as the width of the roadway or paving or other improvement on the street right-of-way.

STREET, APPROVED. Any street, whether public or private, meeting standards and specifications of the Village of South Jacksonville.

STREET, COLLECTOR. A street which is used to carry traffic from minor streets to primary and secondary streets. COLLECTOR STREETS serve local vehicles with a specific destination in mind. Traffic accesses COLLECTOR STREETS from local residential minor streets. A COLLECTOR STREET is a street of considerable continuity which serves or is intended to serve as a major traffic artery between the various sections of the South Jacksonville area, and complies with the planned continuity as indicated on the general comprehensive development plan.

STREET, INDUSTRIAL/COMMERCIAL. A street which serves or is intended to service as access for an industrial park or commercial and warehousing area which will have regular vehicular traffic up to and including 80,000 pound gross vehicular weight (80,000 # G.W.).

STREET, MAJOR. See PRIMARY STREET.

STREET, MARGINAL ACCESS. A minor street which is parallel and adjacent to primary streets and expressways, and which provides access to abutting properties and protection to local traffic from fast, through-moving traffic on the primary streets and expressways.

STREET, MINOR. A street intended primarily as access to abutting properties. MINOR STREETS may be considered as local residential streets and should have a minimum of two moving traffic lanes allowing parking on one side of the street. The minimum street width shall be 30 feet from face to face of curb.

STREET, PRIMARY. A street of considerable continuity which serves or is intended to serve as a major traffic artery between the various sections of the South Jacksonville area, as shown on the general comprehensive development plan. PRIMARY STREETS shall be adequate to accommodate through traffic as well as local traffic needs. THROUGH TRAFFIC is considered to be traffic which originates outside the village corporate limits and is traveling to a destination within or outside of the village corporate limits. PRIMARY/ARTERIAL STREETS shall have a minimum width of 44 feet face-to-face of curbs.

STREET, PRIVATE. Any street which is under the jurisdiction of an individual, corporation, or trustee, or any street which is privately owned or established.

STREET, PUBLIC. All primary, secondary, collector, and minor streets which are shown on the subdivision plat and are to be dedicated for public use.

STREET, SECONDARY. A street which carries traffic from minor and collector streets to the primary street system, and designated as SECONDARY STREETS on the general development plan.

SUBDIVIDER. The person or persons responsible for preparing and recording the plats of the subdivision and for carrying out all appropriate requirements outlined in these regulations.

SUBDIVISION. As defined by 765 ILCS 205/1 – Plat Act, the division of land into two or more parts, any of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership or building development, including all public streets, alleys, ways for public service facilities, parks, playgrounds, school grounds, or other public grounds, and all the tracts, parcels, lots, or blocks, in numbering all such lots, blocks, or parcels by progressive numbers, giving their precise dimensions, provided, however, that the following shall not be considered a subdivision and shall be exempt from the requirements of these regulations:

(a)   The division or subdivision of land into parcels or tracts of five acres or more in size, which does not involve any new streets or easements of access;

(b)   The division of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access;

(c)   The sale or exchange of parcels of land between owners of adjoining and contiguous land;

(d)   The conveyance of parcels of land or interest therein for use as right-of-way for railroads or other public utility facilities which does not involve any new streets or easements of access;

(e)   The conveyance of land owned by a railroad or a public utility which does not involve any new streets or easements of access;

(f)   The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed for public use;

(g)   Conveyances made to correct descriptions in prior conveyances; and

(h)   The sale or exchange of parcels or tracts of land existing on May 5, 1960, into no more than two parts and not involving any new streets or easements of access.

(Ord. 889, passed 8-4-2005)

Where the Plan Commission finds that extraordinary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variation will not have the effect of nullifying the intent and purpose of the general development plan of the village or these regulations.

(Ord. 889, passed 8-4-2005)

   (A)   All public improvements proposed to be made under the provisions of these regulations shall be inspected during the course of construction by the Village Engineer or a duly designated deputy.

   (B)   All fees and costs connected with such inspection and in reviewing the plans and specifications for such improvements shall be paid by the subdivider.

(Ord. 889, passed 8-4-2005)

   (A)   No building permit shall be issued providing for the improvement of any lot in said subdivision until there has been filed with the Building Commissioner a certified copy of said plat of subdivision as recorded or registered in the office of the Recorder of Deeds or Registrar of Titles, as the case may be.

   (B)   No building permit shall be issued for the improvement of any lot until the plans and specifications for the public improvements have been approved by and filed with the President and Board of Trustees, nor until cash or a surety bond as provided by these regulations has been posted with the village.

(Ord. 889, passed 8-4-2005)

   (A)   Previous to the filing of an application for conditional approval of the preliminary plat (general or preliminary subdivision plan), the subdivider shall submit to the Plan Commission plans and data as specified in §§ 153.070 through 153.072. This step does not require formal application, fee, or filing of plat with the Plan Commission.

   (B)   Within 30 days, the Plan Commission shall inform the subdivider that the plans and data as submitted or as modified do or do not meet the objectives of these regulations. When the Plan Commission finds the plans and data do not meet the objectives of these regulations, it shall express its reasons therefor.

   (C)   No plat will be approved for a subdivision which is subject to periodic flooding or which contains poor drainage facilities and which would make adequate drainage of the lots and the streets impossible. However, if the subdivider agrees to make improvements which will, in the opinion of the village, make the area completely safe for occupancy, existing and future, and provide adequate lot and street drainage, the preliminary plat of the subdivision may be approved.

   (D)   The topographical and profile studies to be submitted with the subdivision plat shall have on their face the signed statement of a registered professional engineer, and the owner of the land or his or her duly authorized attorney, to the effect that to the best of their knowledge and belief, the drainage of surface waters will not be changed by the construction of such subdivision or any part thereof, or, that if such surface water drainage will be changed, reasonable provision has been made for collection and diversion of such surface waters into public areas, or drains which the subdivider has a right to use, and that such surface waters will be planned for in accordance with generally accepted engineering practices so as to reduce the likelihood of damage to the adjoining property because of the construction of the subdivision.

   (E)   If the land being subdivided is located within a special flood hazard area as identified by the Federal Emergency Management Agency or situated within 500 feet of any surface drain or watercourse serving a tributary area of 640 acres or more, no map, plat, or subdivision of lands shall be approved until reviewed by the Department of Transportation, either independently or in cooperation with federal, state, or local agencies, for the purpose of determining, for the protection of persons and property, the flood hazards involved, and a report thereon filed by the Department with the County Recorder.

(Ord. 889, passed 8-4-2005)

   (A)   On reaching conclusions informally as recommended in § 153.020 above regarding his or her general program and objectives, the subdivider shall cause to be prepared a preliminary plat, together with improvement plans and other supplementary material as specified in §§ 153.070 through 153.072.

   (B)   Ten copies of the preliminary plat and supplementary material specified shall be submitted to the Plan Commission with written application for conditional approval at least 20 days prior to the meeting at which it is to be considered.

   (C)   At the time of filing an application for conditional approval of the preliminary plat, the application shall be accompanied by a check or money order to the Village Clerk in the amount of $200 for one to ten lots; and $50 for each additional five lots or fraction thereof to cover the cost of reviewing and verifying the proposed plat. The Village Clerk shall surrender the collected fee to the Village Treasurer for deposit in the General Fund of the village.

   (D)   Following review of the preliminary plat and other material submitted for conformity thereof to these regulations and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him or her, the Plan Commission shall, within 30 days, act thereon as submitted or modified, and if approved, the Plan Commission shall express its approval as conditional approval and state the conditions of such approval, if any, or if disapproved, shall express its disapproval and its reasons therefor.

   (E)   The action of the Plan Commission shall be noted on three copies of the preliminary plat and supporting documentation, referenced and attached to any conditions determined. One copy shall be returned to the subdivider, one retained by the Plan Commission, and one kept on file at Village Hall.

      (1)   After conditional approval of a preliminary plat by the Plan Commission, the same shall be submitted to the Village Board for approval.

      (2)   Within 30 days after application for approval of the preliminary plat, the Village Board shall approve or disapprove it. If the Village Board approves the preliminary plat, it shall notify the Plan Commission of such approval. If the Village Board disapproves the preliminary plat, it shall set forth its reasons and additional requirements in writing and provide the applicant and the Plan Commission with a copy of the same. The applicant and the Plan Commission shall then take such additional proceedings as may be necessary to comply with the requirements and reasons of the Village Board.

   (F)   Conditional approval of a preliminary plat shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat, which will be submitted for approval of the Plan Commission and for recording upon fulfillment of the requirements of these regulations and the conditions of the conditional approval, if any.

(Ord. 889, passed 8-4-2005)

   (A)   The final plat shall conform substantially to the preliminary plat as approved, and, if desired by the subdivider, it may constitute only that portion of the approved preliminary plat which he or she proposed to record and develop at the time, provided, however, that such potion conforms to all requirements of these regulations.

   (B)   Application for approval of the final plat shall be submitted in writing to the Plan Commission at least 20 days prior to the meeting at which it is to be considered.

   (C)   Ten copies of the final plat and other exhibits required for approval shall be prepared as specified in §§ 153.070 through 153.072, and shall be submitted to the Plan Commission within six months after approval of the preliminary plat; otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the Plan Commission.

   (D)   The final plat submitted to the Plan Commission for approval shall be accompanied by a notice from the Board of Trustees of the village stating that there has been filed with and approved by that Board, one of the following:

      (1)   A certificate by the subdivision developer’s engineer that all improvements and installations to the subdivision that will be dedicated for public use have been made or installed in accordance with the subdivision regulations and specifications;

      (2)   A bond which shall:

         (a)   Run to the President and Board of Trustees of the village;

         (b)   Be in an amount determined by the President and Board of Trustees to be sufficient in amount to complete the improvements and installations in compliance with these regulations;

         (c)   Be with surety by a company entered and licensed to do business in the state and/or other security acceptable to the Board; and

         (d)   Specify the time for the completion of the improvements and installations.

      (3)   Within 30 days after application for approval of the final plat, the Plan Commission shall approve or disapprove it. If the Plan Commission approves, it shall affix its seal upon the plat together with the certifying signature of its President and Secretary. If it disapproves, it shall set forth its reasons in its own records and provide the applicant with a copy.

   (E)   (1)   After approval of the final plat by the Plan Commission and the fulfillment of the requirements of these regulations, one tracing of the final plat of the subdivision, drawn in ink not to exceed 24 inches by 36 inches in size, as well as an electronic copy in an acceptable CAD format, shall be submitted to the Village Board for approval.

      (2)   Action must be taken by the Village Board within 30 days after the final plat has been submitted for approval.

      (3)   Upon approval of the Village Board, the developer shall record the plat with the Recorder or Registrar of Titles of the county within four months. If not recorded within this time, the approval shall be null and void. Immediately after recording, the original or a duly certified copy shall be filed with the Village Clerk.

(Ord. 889, passed 8-4-2005)

The subdivision of land, including the arrangement, character, extent, width, grade, and location of all expressways, streets, alleys, crosswalks, easements, sites for parks, playgrounds and schools, or other land to be dedicated for public use, shall conform to the general development plan of the village as approved by the Plan Commission and adopted by the Village Board and other responsible governmental bodies of the village, as a part of the official plan of the village.

(Ord. 889, passed 8-4-2005)

(A)   All streets shall be considered in their relation to existing and planned streets, to topographical conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets.

(B)   Where such is not shown in the general development plan, the arrangement of streets in a subdivision shall either:

(1)   Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or

(2)   Conform to a plan for the area or neighborhood approved or adopted by the Plan Commission to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable.

(C)   Minor streets shall be so laid out that their use by through traffic will be discouraged.

(D)   Where a subdivision abuts or contains an existing or proposed expressway or primary street, as shown on the general development plan, the Plan Commission may require marginal access streets, reverse frontage with screen planting contained in a nonaccess reservation, at least ten feet wide, along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic.

(E)   Where a subdivision borders on or contains a railroad or expressway, the Plan Commission may require a street approximately parallel to and on each side of such railroad or expressway, at a distance suitable for the appropriate use of the intervening land, as for park purposes in residential districts, or for commercial or industrial purposes in appropriate districts. Such distances shall also be determined with regard for the requirements of approach grades and future grade separations.

(F)   Reserve strips controlling access to streets or alleys shall be prohibited.

(G)   All street intersections and confluences should encourage safe traffic flow.

(H)   Street jogs with centerline offsets of less than 125 feet shall be avoided.

(I)   Tangents shall be introduced between reverse curves on all streets (see Table of Minimum Standards).

(J)   When connecting street lines deflect from each other at any one point by more than one degree, they shall be connected by a curve with a radius adequate to ensure clear sight distances (see Table of Minimum Standards).

(K)   Streets shall be laid out so as to intersect as nearly as possible at right angles and no street shall intersect any other street at less than 70 degrees.

(L)   Property lines at street intersections shall be rounded with a radius as specified in the Table of Minimum Standards. The Plan Commission may permit comparable fillets or chords in place of rounded corners.

(M)   Street right-of-way widths shall be as shown in the general development plan and where not shown therein shall be as specified in the Table of Minimum Standards.

(N)   Half streets shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations; and where the Plan Commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted within such tract.

(O)   Dead-end streets (cul-de-sacs) designed to be so permanently, shall not be longer than 1,200 feet from the intersection of the origin through the center of the circle to the end of the right-of-way, and shall be provided at the closed end with a turnaround having an outside pavement diameter of at least 80 feet, and a street property line diameter of at least 100 feet.

(P)   No street names shall be used which will duplicate or be confused with the names of existing streets. Existing street names shall be projected wherever possible. Street names shall be subject to the approval of the Plan Commission.

(Q)   (1)   The full width of the right-of-way shall be graded to the required cross section.

(2)   All unsuitable sub-base or sub-grade material shall be removed and shall be replaced with stable, compacted material in conformance with generally acceptable engineering and construction practices.

(3)   The centerline grade shall not be less than 0.5% and shall not exceed 3% for collector and primary streets, nor 8% for any local and cul-de-sac streets.

(4)   Vertical curves shall be used whenever a change in centerline gradient occurs except where the algebraic difference in the gradient is 0.5% or less. The length of the vertical curve shall be in accordance with the minimum standards for street design.

(5)   All pavement thicknesses and materials, including surface/binder base courses, and sub-base courses, shall be designed in accordance with Illinois Department of Transportation’s Bureau of Local Roads and Streets Manual and all subsequent revisions thereto as published by the division of Highways of the State Department of Transportation. The minimum thicknesses for streets shall be in accordance with the minimum standards for street design. Design data shall be submitted to the village together with copies of soil test reports as necessary at the time of the plan submittal.

(6)   Pavements for local residential and cul-de-sac streets, collector/primary or industrial/commercial streets shall be constructed with the following materials.

(a)   Local residential/cul-de-sac streets.

1. Rigid pavements shall be constructed to the following minimum requirements: compacted subgrade with a four-inch aggregate sub-base, type B, and a Portland cement concrete pavement having a minimum nominal thickness of six inches and shall be constructed of PCC concrete which shall have a minimum 14-day compressive strength of 3,500 pounds per square inch and shall not contain less than six bags of cement per cubic yard of concrete, and shall contain no less than 3% nor more than 6% entrained air. Slump shall not be less than two inches, nor more than four inches. IDOT-approved mix for concrete shall be used throughout; or
2. Flexible pavements shall be constructed to the following minimum requirements: the six inch aggregate base course, Type A, shall be constructed of IDOT-approved CA-6 materials on a compacted subgrade. The bituminous concrete binder course shall have a nominal thickness of one and one-half inches and shall meet the mix design approved by IDOT superpave requirements. The bituminous concrete surface course shall be constructed to a nominal thickness of one and one-half inches and the materials and mix design shall comply with the IDOT-approved superpave requirements.

(b)   Collector/primary streets.

1. Rigid pavements shall be constructed to the following minimum requirements: compacted subgrade with four-inch aggregate sub-base, type B, and a Portland cement concrete pavement having a minimum nominal thickness of eight inches and shall be constructed of PCC concrete which shall have a minimum 14-day compressive strength of 3,500 pounds per square inch and shall not contain less than six bags of cement per cubic yard of concrete, and shall contain not less than 3% nor more than 6% entrained air. Slump shall not be less than two inches nor more than four inches IDOT-approved mix for concrete shall be used throughout; or
2. Flexible pavements shall be constructed to the following minimum requirements: the eight-inch aggregate base course, Type A, shall be constructed of IDOT-approved CA-6 materials on a compacted subgrade. The bituminous concrete binder course shall have a nominal thickness of two and one-half inches and shall meet the mix design approved by IDOT superpave requirements. The bituminous concrete surface course shall be constructed to a nominal thickness of one and one-half inches and the materials and mix design shall comply with the IDOT-approved superpave requirements.

(c)   Industrial or commercial streets. The minimum composition and thickness of materials for industrial/commercial streets shall be as determined by an IDOT-approved procedure for pavement design of an 80,000 pound truck route with the minimum nominal requirements as follows:

1. Rigid pavements shall be constructed to the following minimum requirements: compacted subgrade with a four-inch aggregate sub-base, type B, with a Portland cement concrete pavement having a minimum nominal thickness of ten inches and shall be constructed of PCC concrete which shall have a minimum 14-day compressive strength of 3,500 pounds per square inch and shall not contain less than six bags of cement per cubic yard of concrete, and shall contain not less than 3% nor more than 6% entrained air. Slump shall not be less than two inches nor more than four inches IDOT-approved mix for concrete shall be used throughout; or
2. Flexible pavements shall be constructed to the following minimum requirements: the four-inch aggregate sub-base, Type B, shall be constructed of IDOT-approved materials on a compacted subgrade. The total depth bituminous concrete base binder and surface shall have a minimum nominal thickness of 12 inches and shall meet the mix design approved by IDOT superpave requirements.

(7)   Curbs and gutters shall be constructed on all streets and shall be a combination (integral) concrete curb and gutter. Materials shall meet the requirements and mix design for concrete as determined by IDOT. The curbs shall not be less than 18 inches in overall width, have a minimum six inches height, and shall have a minimum thickness of nine inches. Depression of the six inch curb height at proposed entrances will be allowed.

(8)   (a)   The subdivider shall construct sidewalks four inches thick and shall have a minimum width of four feet wide of Portland cement as per village specifications along all street segments unless otherwise specifically required or allowed by the Board of the village.

(b)   Wider than standard sidewalks may be required by the village in the absence of a boulevard in the vicinity of schools, commercial areas, and other places of public assembly; and the village may require the construction of sidewalks in locations other than required under the preceding provisions of these regulations if such walks are necessary, in the opinion of the Plan Commission, for safe and adequate pedestrian circulation.

(9)   (a)   Driveways shall be constructed of either PCC concrete having a nominal thickness of six inches constructed on a compacted subgrade or bituminous concrete over a compacted aggregate base having thickness of two inches and six inches respectively on a compacted subgrade.

(b)   Forming and curing of PCC concrete for sidewalks and driveways shall be in conformance with the applicable portions of the Standard Specifications for Road and Bridge Construction.

(c)   Slip forming of sidewalks will not be allowed.

(R)   Street grades shall provide proper relation between the street and the first floor elevation of the houses or buildings and to permit convenient and economical access to and drainage of the lots.

(S)   Table of minimum standards.

   (A)   Alleys shall be provided in commercial, business, and industrial districts, except that the Plan Commission may waive this requirement where other definite and assured provision is made for service access, such as off-street loading, unloading, and parking consistent with and adequate for the uses proposed.

   (B)   Alleys in residential areas shall not be permitted, except where deemed necessary, and on the recommendation of the Plan Commission.

   (C)   The width of an alley shall be 20 feet in residential areas and 30 feet in commercial, business, and industrial districts.

   (D)   Alley intersections and sharp changes in alignment shall be avoided, but, where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.

   (E)   Dead-end alleys shall be avoided where possible, but, if unavoidable, shall be provided with adequate turnaround facilities at the dead-end, as determined by the Plan Commission.

(Ord. 889, passed 8-4-2005)

   (A)   Easements centered on interior side, rear, or side lot lines shall be provided for utilities where necessary and shall be at least ten feet wide.

   (B)   A ten-foot easement around the perimeter of a subdivision as well as a 15-foot easement adjacent to both sides of street rights-of-way shall be provided for utility placement.

   (C)   Easements shall be designed to provide continuity from block to block.

   (D)   Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose and as determined by the Plan Commission. Parallel streets or parkways may be required in connection therewith.

(Ord. 889, passed 8-4-2005)

   (A)   The lengths, widths, and shapes of blocks shall be determined with due regard to:

      (1)   Provision of adequate building sites suitable to the special needs of the type of use contemplated;

      (2)   Zoning requirements as to lot sizes and dimensions within the corporate limits of the village;

      (3)   Needs for convenient access, circulation, control, and safety of street traffic; and

      (4)   Limitations and opportunities of topography.

   (B)   Block lengths shall not exceed 1,800 feet, nor be less than 600 feet.

   (C)   Pedestrian crosswalks, not less than ten feet wide, shall be required where deemed necessary by the Plan Commission to provide pedestrian circulation, or access to schools, playgrounds, shopping centers, transportation, and other community facilities.

   (D)   Blocks or portions thereof, intended for commercial and industrial use shall be designated as such, and the plan shall show adequate off-street areas to provide for parking, loading docks, and such other facilities.

(Ord. 889, passed 8-4-2005)

   (A)   The lot size, width, depth, shape, and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

   (B)   Lot dimension and areas shall conform to the requirements of Chapter 154 of this code where applicable, but in no case shall a lot for residential purposes in a new subdivision be less than 75 feet wide at the building line, nor less than 8,500 square feet in area. However:

      (1)   Residential lots, where not served by public sanitary sewers and water supply, shall not be less than 100 feet wide nor less than 20,000 square feet in area. Where either public sanitary sewers or water supply is provided, each lot may be 10,000 square feet in area with a width of not less than 80 feet;

      (2)   Where unusual soil conditions or other physical factors exist which may impair the health and safety of the residents of the neighborhood in which a subdivision may be located, upon recommendation of the State Department of Public Health, the Plan Commission may increase lot area requirements as may be necessary;

      (3)   Lots abutting a water course, drainage way, channel, or stream shall have additional minimum width or depth as required to provide an adequate building site and afford the minimum usable area required in these regulations or Chapter 154 of this code for front, rear, and side yards; and

      (4)   Depth and width of lots or properties reserved or laid out for commercial, business, and industrial purposes shall be adequate to provide for the off-street service and parking facilities.

   (C)   Corner lots for residential use shall have extra width to permit appropriate building setback from and orientation to both streets.

   (D)   All lots shall abut on a publicly dedicated public street.

   (E)   Double frontage and reverse frontage lots should be avoided except where essential to provide separation of residential development from expressways or primary streets, or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten feet, and across which there shall be no right of access, shall be provided along the line of lots abutting such expressways and primary streets or other disadvantageous use.

   (F)   Side lot lines shall be substantial at right angles or radial to street lines.

(Ord. 889, passed 8-4-2005)

   (A)   Except for the following, building setback lines in residential areas of new subdivisions shall conform to the provisions of Chapter 154 of this code, except that in no case shall the building setback line be less than 25 feet from the front property line.

   (B)   Corner lots shall maintain not less than the minimum front yard building setback lines on both streets.

(Ord. 889, passed 8-4-2005)

   (A)   Where a proposed park, playground, school, or other public use area included within the duly adopted official comprehensive village plan for the village and shown on the development plans made a part thereof, is located in whole or in part in an area being subdivided, the subdivider shall dedicate such lands to the proper public agency or agencies as a part of the final subdivision plat, provided, however, that in no case shall the amount of required public areas to be dedicated, in addition to public streets and alleys, exceed 10% of the total gross acreage owned or controlled by one developer. Where such area for park, school, or other public use exceeds 10% of the total gross area owned or controlled by one developer, that part of such lands in excess of 10% of the total gross area shall also be shown on all subdivision plans and plats; and the acquisition of such additional area needed for parks, playgrounds, schools, or other public uses, other than streets and alleys, shall be secured by the proper governing bodies, or arrangements made for the acquisition of the area from the subdivider at the cost of unimproved land, within a period not to exceed three years from the date of approval of the preliminary plan.

   (B)   Where less than 10% or none of the total gross area being subdivided is proposed for parks, schools, or other public use areas under the official comprehensive village plan, the subdivider shall dedicate such areas as required and, in addition, pay to the proper governing body as determined by the Plan Commission, a sum of money, so that either or both the dedication and the payment equal 10% of the appraised value of the land before it is subdivided. Sums so received by the proper governing body shall be placed in a special fund and used by the governing body solely for purchase of land for parks, schools, and other public uses in accordance with the official comprehensive village plan, and other receipt of the recommendations of the Plan Commission. The value of the subject land shall be established by negotiation, and if negotiations fail, by appraisal made by three qualified appraisers (one of whom shall be appointed by the Plan Commission, one of whom shall be appointed by the subdivider, and one of whom shall be mutually agreed upon by the two appraisers named above). The subdivider may contract with the proper governing body on an installment method of payment based on the sale of lots.

(Ord. 889, passed 8-4-2005)

Before a subdivision shall be approved, the Village Engineer shall certify that the improvements described in the subdivided plans and specifications, together with agreements, meet the minimum requirements of all ordinances of the village and that they comply with §§ 153.056 and 153.057.

(Ord. 889, passed 8-4-2005)

   (A)   Monuments shall be placed at all corners and angle points of the outside boundary but no further than one-quarter mile apart. The monuments shall be of concrete, not less than six inches in diameter and 36 inches deep with a copper dowel three inches long cast in place. Iron pipe or steel bars not less than one-half inch in diameter and 24 inches long shall be set at the intersection of street centerlines and at all centers of lots not marked by monuments.

   (B)   The monuments and bars shall be set level with the finished grade.

(Ord. 889, passed 8-4-2005)

   (A)   Utility and street improvements shall be provided in each new subdivision in accordance with the standards and requirements schedule described hereinafter.

   (B)   The standards and specifications for each general type of utility shall be as follows.

      (1)   Sanitary sewers shall be constructed in accordance with the applicable portions of the Standard Specifications for Water and Sewer Main Construction in Illinois and the applicable portions of the Standard Specifications for Road and Bridge Construction.

      (2)   Sanitary sewers and sanitary sewer services shall be installed to serve all properties in the subdivision. The collector sanitary sewers shall have a minimum internal diameter of eight inches. Sanitary sewer services shall have a minimum internal diameter of four inches in residential subdivisions and six inches in commercial/industrial subdivisions.

      (3)   Manholes for sanitary sewer shall have a maximum spacing of 300 feet and shall be constructed at all locations of alignment changes or at all sewer intersection points. Irons and lids for manholes shall be of a heavy-weight casting.

      (4)   All sanitary sewer trenches constructed within the street area shall be backfilled with fine aggregate (sand) and consolidated to 95% of the standard proctor density at optimum moisture. Sanitary sewer services constructed outside of the street area and within the street right-of-way shall be backfilled with approved backfill material and shall be consolidated to 95% of the standard proctor density.

      (5)   Storm sewers shall be constructed throughout the entire subdivision to carry off surface water from all inlets and catch basins and shall be connected to an adequate outfall sewer system. Intercepting storm sewer water structures shall be provided at points specified by the village. The stormwater drainage system shall be separate and independent of the sanitary sewer system. Storm sewers shall be constructed of reinforced concrete pipe or PVC pipe materials conforming to IDOT standard specifications. Other materials for storm sewer construction may be used in special cases upon approval of the Village Board. All existing storm drain tiles shall be connected to storm sewers or shall be restored to operating conditions.

      (6)   Storm sewer capacity shall be determined with the use of the rational formula. The intensity (I Factor) used shall be a rainfall frequency of not less than ten years. The runoff coefficient (C Factor) shall be determined by the character of the land to be drained and shall conform to accepted standard engineering practices. Street grades and lot and block drainage shall be established so as to assure positive drainage, as approved by the developer’s engineer.

      (7)   Manholes for storm sewers shall have a maximum spacing of 300 feet and shall be constructed at all locations of alignment changes or at all sewer intersection points.

      (8)   Frames and grates for manholes, catch basins, and inlets and valve vaults shall be of a heavy weight casting.

   (C)   Water mains shall be of a minimum of six-inch internal diameter and shall meet the AWWA specifications for the water main materials and mechanical joint fittings.

      (1)   The minimum depth of water main from the top of the pipe material to the finished grade shall be five feet. Hydrants shall be furnished with two, two-and-one-half-inch hose nozzle connections, and one, six-inch steamer nozzle connections. Threads on the nozzles, caps, and operating nuts shall be standard with the existing village hydrants. Hydrants shall have a six-inch pipe connection, a five-inch valve opening, and shall be equipped with auxiliary valves.

      (2)   Hydrant style and manufacturer shall be approved by the Village Water Department. Hydrants shall be installed at locations providing a maximum spacing of 300 feet.

   (D)   All water services shall be constructed of the Type K copper pipe, having a minimum internal diameter of three-quarters of an inch. Such services shall be equipped with an approved corporation cock, curb stops, and other necessary fittings in accordance with current village standards.

   (E)   All trenches caused by the construction of sewers, water mains, water service pipes, and in excavations around catch basins, manholes, inlets, and other appurtenances which occur within the limits of the existing proposed pavements, sidewalks, and curbs and gutters, shall be backfilled with trench backfill.

      (1)   Trench backfill shall consist of sand, pit-run gravel or crushed stone and shall be compacted in place to 95% of maximum density at optimum moisture as determined by the standard proctor test.

      (2)   Trench backfill may be compacted and consolidated by one, or a combination of, the following methods.

         (a)   Method 1. The material shall be deposited in uniform layers not exceeding twelve inches thick (loose measure), and each layer shall be compacted by ramming or tamping with tools, either by hand or mechanical.

         (b)   Method 2. The material shall be deposited in uniform layers not exceeding 12 inches thick (loose material), and each layer shall be either inundated or deposited in water.

         (c)   Method 3. The trench shall be backfilled with loose material, and settlement secured by introducing water through holes jetted into the backfill to a point approximately two feet above the top of the pipe. The holes shall be spaced no farther than six feet apart.

      (3)   The water shall be injected at a pressure just sufficient to sink the holes at a moderate rate of speed. The pressure shall be such that the water will not cut cavities in the backfill material nor overflow the surface. If water does overflow the surface, it shall be drained into the jetted holes by means of shallow trenches. Water shall be injected as long as it will be absorbed by the backfill material and until samples taken from test holes in the trench show satisfactory moisture content.

   (F)   (1)   The lighting plans shall be a part of the construction plans and shall be indicated on the development plans.

      (2)   All work must meet the approval of the village. The village may designate larger lamps, higher poles, ornamental poles and fixtures, or vary the spacing as deemed necessary to meet any special conditions of the subdivision. Installation shall be made in conformance with the local codes, the National Electric Code, and in good and workmanlike manner.

   (G)   (1)   All work must meet the approval of the village and be certified as being properly constructed.

      (2)   The developer is required to ensure compliance with all ordinances, laws, statutes, and codes applicable to the construction of utility items.

      (3)   It shall be the developer’s responsibility to obtain and pay for all required applications and permits for the installation of utilities.

   (H)   All plans and specifications for utility and street improvements shall be prepared by and certified by a state registered professional engineer.

(Ord. 889, passed 8-4-2005)

   (A)   General subdivision information shall describe or outline the existing conditions of the site and the proposed development as necessary to supplement the drawings required below. This information may include data on existing covenants, land characteristics, and available community facilities and utilities; and information describing the subdivision proposal such as number of residential lots, typical lot width and depth, price range, business areas, school, playground, park areas, and other public areas, proposed protective covenants, and proposed utilities and street improvements.

   (B)   Sketch plan on topographic survey shall show in simple sketch form the proposed layout of streets, lots, and other features in relation to existing conditions. The sketch plan may be a freehand pencil sketch made directly on a print of the topographic survey. The sketch plan shall include the existing topographic data listed in § 153.071(A).

   (C)   Sketch plans shall not be deemed sufficient for Plan Commission review or approval. The Plan Commission shall give no approval of sketch plans.

(Ord. 889, passed 8-4-2005)

   (A)   Topographic data required as a basis for the preliminary plot, in division (B) below, shall include existing conditions as follows except when otherwise specified by the Plan Commission:

      (1)   Boundary lines: bearings and distances;

      (2)   Easements: location, width, and purpose;

      (3)   Streets on and adjacent to the tract: name and right-of-way width and location; type, width, and elevation of surfacing; any legally established centerline elevations; walks, curbs, gutters, culverts, and the like;

      (4)   Utilities on and adjacent to the tract: location, size, and invert elevation of sanitary, storm, and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone poles, and street lights; if water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to, and size of nearest ones, showing invert elevation of sewers;

      (5)   Ground elevations on the tract, based on the village datum plane: for land that slopes less than 0.5%, show not less than one lot contours; for land that slopes 0.5% to 2% show not less than two-foot contours, and for land that slopes more than 2%, show not less than five-foot contours;

      (6)   Subsurface conditions on the tract, if required by the Plan Commission: location results of tests made to ascertain subsurface soil, rock, and ground water conditions; depth to ground water unless test pits are dry at a depth of five feet; location and results of soil percolation tests if individual sewage disposal systems are proposed;

      (7)   Other conditions on the tract: water courses, marshes, rock outcrop, wooded areas, isolated preservable trees one foot or more in diameter, houses, barns, shacks, and other significant features;

      (8)   Other conditions on adjacent land: approximate direction and gradient of ground slope, including any embankments or retaining walls, character and location of buildings, railroads, power lines, towers, and other nearby nonresidential land uses or adverse influences; owners of adjacent unplatted land; for adjacent platted land refer to subdivision plat by name, recording date, and number, and show approximate percent built-up, typical lot size, and dwelling type;

      (9)   Photographs, if required by the Plan Commission: camera locations, directions of views and key numbers;

      (10)   Zoning on and adjacent to the tract;

      (11)   Proposed public improvements: highways or other major improvements planned by public authorities for future construction on or near the tract;

      (12)   Key plan showing location of the tract; and

      (13)   Title and certificates: present tract designation according to official records in offices of the County Recorder; title under which proposed subdivision is to be recorded, with names and addresses of owners, notation stating acreage, scale, north arrow.

   (B)   Preliminary plat (general or preliminary subdivision plan) shall be at a scale of 100 feet to one inch or 200 feet to one inch if the area of the subdivision is more than two hundred acres. It shall show all existing conditions required in division (A) above, and shall show all proposals including the following:

      (1)   Streets: names, right-of-way and roadway widths, approximate grades and gradients, similar data for alleys, if any;

      (2)   Other rights-of-way or easements; location, width, and purpose;

      (3)   Location of utilities, if not shown on other exhibits;

      (4)   Lot lines, lot dimensions, lot numbers, and block numbers;

      (5)   Sites, if any, to be reserved or dedicated for schools, parks, playgrounds, or other public uses;

      (6)   Sites, if any, for multifamily dwellings, shopping centers, churches, industry, or other nonpublic uses exclusive of single-family dwellings;

      (7)   Proposed building setback lines;

      (8)   Site data, including number of residential lots, typical lot size, and acres in parks, and the like;

      (9)   Proposed name of the subdivision;

      (10)   Location by section, township, and range;

      (11)   Name and address of the developer;

      (12)   Name and address of the planner or engineer; and

      (13)   Title, scale, north point, and date.

   (C)   When required by the Plan Commission, the preliminary plot shall be accompanied by profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision; typical cross-sections of the proposed grading, roadway, and sidewalk; and preliminary plan of proposed sanitary and stormwater sewers with grades and sizes indicated. All elevations shall be based on the village datum plane.

   (D)   Draft of protective covenants, whereby the subdivider proposes to regulate land use in the subdivision and otherwise protect the proposed development.

(Ord. 889, passed 8-4-2005)

   (A)   Final plat shall be drawn in ink on sheets not to exceed 24 inches wide by 36 inches long and shall be at a scale of not less than 50 feet to one inch. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision, as well as an electronic copy in an acceptable format. For large subdivisions, the final plot may be submitted for approval progressively in contiguous sections satisfactory to the Plan Commission. The final plat shall show the following:

      (1)   Primary control points, approved by the Village Engineer, or descriptions and ties to such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be referred;

      (2)   Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites; with accurate dimensions, bearings, or deflection angles, and radii, arcs, and central angles of all curves;

      (3)   Name and right-of-way width of each street or other right-of-way;

      (4)   Location, dimensions, and purpose of any easement;

      (5)   Number to identify each lot or site and block;

      (6)   Purpose for which sites, other than residential lots;

      (7)   Proposed building setback line on all lots and other;

      (8)   Location and description of monuments;

      (9)   Names of record owners of adjoining unplatted land;

      (10)   Certification by surveyor or engineer certifying to accuracy of survey and plat;

      (11)   Certification of title showing that applicant is land owner;

      (12)   Statement by owner dedicating streets, rights-of-way, and any sites for public uses;

      (13)   Certification of approval by the Plan Commission;

      (14)   Name of subdivision;

      (15)   Location by section, township, and range; and

      (16)   Title, scale, north arrow, and date.

   (B)   Cross sections and profiles of streets showing grades approved by the Village Engineer. The profiles shall be drawn to village standard scales and elevations and shall be based on the village datum plane.

   (C)   A certificate by the Village Engineer certifying that the subdivider has complied with one of the following alternatives:

      (1)   All improvements have been installed in accordance with the requirements of these regulations and with the action of the Plan Commission giving conditional approval of the preliminary plat; or

      (2)   A bond or certified check has been posted, which is available to the village, and in sufficient amount to assure such completion of all required improvements.

   (D)   Protective covenants in form for recording.

   (E)   Such other certificates, affidavits, endorsements, or deductions as may be required by the Plan Commission in the enforcement of these regulations.

(Ord. 889, passed 8-4-2005)

(A)   When the Village Board shall, upon motion and majority vote, approve the final plat, the Village President and Village Clerk shall be authorized to sign the original tracing. The certificates on the final plat shall be in the following form with the signatures of the President of the County Board and the County Clerk to be necessary only where the plat covers land in the unincorporated area.

CERTIFICATES

A. Under the authority provided by the Illinois Municipal Code (65 ILCS 5/1-1-1 et. seq.) and the ordinances adopted by the Village Board of the Village of South Jacksonville, Illinois, this plat was given approval by the Village of South Jacksonville, as follows:

(B)   Each final plat submitted to the village for approval shall carry a certificate signed by a state registered land surveyor in substantially the following form:

(C)   Each final plat submitted to the village for approval shall carry a deed of dedication in substantially the following form.

(D)   Such other certificates, affidavits, endorsements, or dedications as may be required by the Village Plan Commissioner or the Village Board in these enforcement regulations.

(Ord. 889, passed 8-4-2005)

   (A)   Any person, firm, or corporation violating any of the provisions of these regulations shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not less than $25 nor more than $200.

   (B)   Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. 889, passed 8-4-2005)