§ 32-43. Right-of-way and easement dedications.

(a)

Land owned on both sides of proposed street. When a subdivider owns the land on both sides of a proposed street, the entire right-of-way for such street shall be dedicated by the subdivider, except in a P.U.D. where the planning and zoning commission shall recommend to the corporate authorities which streets shall be dedicated, if any.

(b)

Land owned on only one side of an existing street. When a subdivider owns the land on only one side of an existing right-of-way, and the existing street right-of-way is narrower than the comprehensive plan or the Manual of Practice requires, the subdivider shall dedicate such additional right-of-way as necessary to provide at least one-half of the required street right-of-way width.

(c)

Required dedication. A subdivider shall dedicate such rights-of-way for streets and alleys as may be required by the comprehensive plan and the Manual of Practice.

(d)

Extension of existing street. When a proposed subdivision contains a street that is an extension of an existing street, and the required right-of-way and pavement width of such street is not equal to the existing street, the subdivider shall provide for equal width or for a gradual narrowing or widening of the pavement and right-of-way whichever the director of public works deems appropriate. The length of this transition should generally be no more than one block in order to provide for a smooth transition between the existing and proposed street width.

(e)

Placement of utilities. In general, utilities shall be placed within publicly dedicated street or alley right-of-way, and, where practical, placed entirely underground in accordance with the standards set forth in the Manual of Practice. However, where practical difficulties exist in providing utilities within dedicated street or alley right-of-way, utilities may be placed within an easement dedicated to the village. Such easements shall generally be located adjacent to and parallel with the street right-of-way. Easements along side lot lines are discouraged. Easements along rear lot lines may be permitted when an alley is proposed as part of a subdivision design or as otherwise approved by the director. The width of easement dedications for utilities shall be as follows:

(1)

A ten-foot easement width total is required when the easement includes underground power lines, gas mains, water mains, sanitary or storm, or storm sewer systems, telephone lines, CATV cable or other utilities.

(2)

A 15-foot easement width total is required when the easement includes one sanitary or storm sewer system in addition to any of the other items specified in subsection (e)(1) above.

(3)

A 20-foot easement width total is required when the easement includes both sanitary and storm sewer systems in addition to any of the other items specified in subsection (e)(1) above.

(f)

Utility company easements. A developer shall not grant an easement for a utility company other than the village without the director of public work's approval.

(g)

Acceptance of other right-of-way. For all dedications of right-of-way and permanent easements not arising from the process of final plat approval by the corporate authorities, the director of public works is authorized to accept on the behalf of the village any and all right-of-way and easement dedications necessary and beneficial to the village. Such acceptance shall consist of the signature of the director on the deed of dedication or other granting document, and shall be effective upon recording of any such deed or document.

(Ord. No. 2439 , § 1, 8-11-2015; Ord. No. 2512, § 1, 2-14-2017)