Sangamon County, Illinois

Ad Hoc Subdivision Development Committee

COMMITTEE REPORT

A Report by the Sangamon County Ad Hoc Subdivision Development Committee to the Sangamon County Board

SUBMITTAL

The members of the Sangamon County Ad Hoc Subdivision Development Committee hereby respectfully submit their report upon the Committee's proceedings to the Sangamon County Board, and include the background relating to the creation of the Committee, a description of the proceedings of the Committee and the recommendations of the Committee. This report and the recommendations of the Committee have been unanimously adopted by all the members of the Committee.

Respectfully submitted,
Sangamon County Ad Hoc Subdivision Development Committee

Andy Goleman, Chairman		Bill Clark, Vice Chairman
Tim Moore		Scott Crown
Cathy Scaife		Randy Wells
Dan Vaughn, Ex. Officio

I. BACKGROUND, HEARINGS AND PROCEEDINGS

Late last year the Sangamon County Board became convinced that its existing land use rules needed fresh consideration and that a comprehensive program for the new millennium was desirable to guide land development in the County toward smart and balanced growth. This concern led to a moratorium being placed on new land subdivision with the goal that by May of this year a new land subdivision ordinance would be passed, and appropriate subdivision development allowed to go forward. The County Board created an ad hoc subdivision development committee with a broad mandate to consider land use issues and to make recommendations to the County Board on these subjects.

An extensive series of public hearings has been conducted before the County Board and the Committee at which public officials, developers and other members of the general public have made known their views and concerns about land use issues.

After consideration of the host of concerns expressed about the present land use problems in the County, the Committee decided that it would place priority on four aspects of land use in its hearings and recommendations to the County Board. The priorities developed by the Committee involved four general land use subjects - First, building codes; second, land subdivision and farm preservation procedures; third, sign ordinance amendments; and fourth, a means to monitor land use development on an ongoing basis.

It would be impossible in a brief report to describe the lengthy proceedings of the Committee, but born from the proceedings has come a series of recommendations from the Committee which it believes will be in the best interests of promoting the public health and safety of the citizens of the County with respect to land use.

Speaking broadly, the recommendations of the Committee seek to establish building codes to ensure safe and healthy construction building practices, seek to allow the County Board to more closely supervise and guide land subdivision practices; seek to preserve valuable farmland for this County and the world's future, seek to promote land subdivision in areas where road, sewer, water and fire infrastructures best are able to provide critical services; seek to control offending signs that affect the quality of life and the environment; and seek to create a means of oversight into these land use practices. This report will address each of these topics.

II. BUILDING CODES

A. RATIONALE AND RECOMMENDATION

The public hearings held before the Sangamon County Board and the Ad Hoc Subdivision Development Committee appeared to establish a consensus opinion that Sangamon County should join those other counties in the State that have adopted building codes for new construction. It is important to mention that the building codes will only be applicable to new construction, with the exception of the property maintenance code, which will be explained separately. The codes will be applicable to major repairs but not to minor repairs, and the codes specify what falls in such categories. Also, State law provides that the codes are not applicable to structures used for agricultural purposes on farms, including farm residences.

The opinion favoring the adoption of the building codes was based upon the fact that while it appeared most of the new construction in the County was more or less in accordance with code standards, there were clearly situations where this did not occur. When this did not occur, those persons who purchased the new buildings might unknowingly purchase housing or building stock that was inadequate or in fact dangerous from a fire and health safety standpoint. This may occur because without ongoing inspection during the construction phase, the deviations from code standards often cannot be discovered. The Committee believed that all new construction in Sangamon County should be in conformity with code standards and inspected to see that it complies. To that end, it has recommended that a chapter be added to the Sangamon County Code which will adopt the best building codes, that permits be required to proceed with construction, that appropriate inspection be conducted of the construction, and that an occupancy permit be required certifying that the construction is appropriate before occupancy of the new construction will be authorized.

B. RECOMMENDED CODES

Building codes have been a part of the American scene for many years. The hearings established that there are a series of codes called the International Codes which are the best and most recent work on the subject. The use of the term, "International" may be somewhat unfortunate, as it suggests perhaps something broader than is needed, but in fact the codes are designed for American cities and counties. The developers and persons testifying at the hearings asked that there be uniformity between the building codes in the City of Springfield (which has had building codes for years) and those in Sangamon County, since it would be far too complicated to have inconsistent codes. This objective should be accomplished by the adoption of the International Codes since the hearings established that the City plans in the near future to join the County in adopting the International Codes should that be the decision of the County Board.

The codes and State standards will provide regulations and inspection of the following aspects of construction: General building requirements; fire requirements; mechanical requirements; electrical requirements; energy conservation requirements; plumbing requirements; fuel gas requirements and accessibility requirements.

It is the recommendation of the Committee that the County (perhaps with the cooperation of the City of Springfield) provide a seminar or seminars for builders in the County to explain the requirements of the Codes There is an organization called BOCA (Building Officials and Code Administrators) which has the expertise to do this and is willing to do it. Most experienced builders have knowledge of the existing code requirements and only need to have an explanation of the differences between the old and new codes.

C. ADMINISTRATION AND ENFORCEMENT

Adoption of the building codes will create a building and zoning department in place of the old zoning department. A building officer will be appointed as the executive in charge of the building code and permit process. Permits will be required for new construction or major repairs, inspections will be conducted when appropriate of ongoing permitted construction, and occupancy permits are required certifying proper completion before occupancy is permitted. Violators may be proceeded against administratively, by fine, or by injunction.

It will be necessary to allow time before the codes are placed in full force and effect to staff and develop the building department. The effective date for the enforcement of the codes will commence on 9/1/01. In the event that the volume of new construction does not require full time inspectors, it is believed that part time inspectors can do the job.

D. COST

Permit fees will be charged with the objective of equalizing the cost of the new department with the fees charged. As time goes by, adjustments in the permit fees will probably be necessary to bring the fees into balance with the costs as practical experience develops the hard figures about revenues and costs.

E. INTERGOVERNMENTAL COOPERATION

The hearings demonstrated that there may be cities and villages in Sangamon County that may wish to adopt codes similar to those that may be adopted in Sangamon County. It also disclosed that the cities and villages may wish to agree to have Sangamon County administer their codes as it administers the codes in unincorporated areas. This may be of benefit to the counties and the cities and villages, as the municipalities would not need to have their own building departments, while the County would receive the permit fees which should be helpful in covering its costs.

F. THE PROPERTY MAINTENANCE CODE

The property maintenance code is the exception to the rule that the codes will only cover new construction. That code will cover existing construction. It is designed to give power to the Sangamon County Health Department to require the correction of serious public health problems in existing construction in Sangamon County. Typical problems of this kind are seriously deficient or non-existing sanitation facilities, deficient rubbish and garbage facilities, and insect and rodent infestation. The code would not be utilized to address non serious public health deficiencies in existing construction.

G. COUNTIES WHICH HAVE BUILDING CODES IN FORCE

Building Officials and Code Administrators International, Inc. advises that at this time fourteen counties in Illinois have building codes in force, and that Peoria County and McLean County are now in the process of considering the adoption of building codes. The counties that presently have building codes in force are Cook, DeKalb, DuPage, Grundy, Iroquois, Kane, Kankakee, Kendall, Lake, Macon, Madison, McHenry, Will, and Winnebago Counties.

III. LAND SUBDIVISION, ZONING AND FARM PRESERVATION

A. RATIONALE

Land use planning must look down the years not only into our future, but also into our children's future. The land use changes in Sangamon County in the last century were dramatic, and the same is to be expected for the next century as population increase fuels the need for new living space and drives the importance of crop land to feed the world. The Sangamon County Board must consider how they may wisely guide development in the County, and how this development can safely co-exist with agricultural preservation and commerce. If the issues are not addressed at this time, it may be too late in the future once growth spins out of control. The Committee believes now is the time to act.

It is clear to the Committee that the old land subdivision regulations of the County are deficient because the County Board has no input into the important decisions on when and where and if development should be permitted. The Committee recommends that the County Board should be involved. The Committee further finds that Sangamon County has the best farmland in the world, and recommends that prime farmland be preserved where reasonable for future generations not only to maintain the farming way of life, but to feed the future hungry of the world, and provide a stable economic base for the County. The farmland preservation movement is spreading across the County and was started by farmers for farmers. The Committee finds that hopscotch subdivision development among the farm fields creates undesirable conflicts and strains between farmers and developments such as drifting dust clouds that follow farm machinery and toxic or noxious chemicals that spread into the subdivisions. The Committee finds that far too many subdivision developments in the past have gone forward without adequate infrastructure creating serious problems not only for the new residents of the area, but also for the taxing bodies to whom they turn for essential services. The Committee finds that it is desirable to encourage the development of residential subdivision and commercial buildings into development in areas where proper sanitary and storm sewers are available, public water systems are available, fire protection is real and adequate, adequate roads exist or shall be constructed, and unexpected burdens are not thrust upon unprepared small school and township taxing authorities. In short, the Committee wishes to encourage development where proper and adequate utility infra-structure is available and to avoid hopscotch development upon prime agricultural land which they hope to preserve to feed future generations and the agricultural way of life.

B. THE RECOMMENDED LAND SUBDIVISION ORDINANCE

The recommended land subdivision ordinance represents a compromise of values between many viewpoints including planners, developers, farmers, engineers, and the general public. A number of changes were made as testimony developed concerns, and the Committee believes its proposal strikes a fair balance between competing objectives. The highlights of the recommended ordinance are summarized below.

1. Sangamon County Board Participation

The Sangamon County Board will be brought into the conventional land subdivision process by requiring the approval of the Board at the subdivision location and sketch map stage and at the final plat stage. In this way the Board will become aware of the ongoing developments in the County and have the opportunity to approve or disapprove the development. With respect to the minor subdivision (four lots or less) the County Board acts as an appeal board and approves the final plat. The Board must, of course, exercise its judgment based upon the objective standards provided in the land subdivision ordinance.

2. Site Suitability Based Upon Infra-Structure Availability

The goal of encouraging development near good infra-structure is provided for in the proposed land subdivision ordinance in the following ways.

Sewage Disposal
Sanitary sewer must be used, if available. It is considered available to a single-family or duplex subdivision if it is within a distance of 225' per lot; i.e., if sanitary sewer is within 1125' of a five-lot subdivision, sanitary sewer must be extended and provided. It is considered available if it is within a distance of 1,000' per lot for multiple family and non-residential subdivisions. All subdivisions with 50 or more buildable lots must be served by public sanitary sewer.
Private sewage disposal may be used if sanitary sewer is not available and if the soils and lot size is appropriate.
Some land will not be suitable for private sewage systems and shall not be subdivided if no sanitary sewer is available.
Water Supply
A public water supply must be used, if available. It is considered available to a single-family or duplex subdivision if it is located within 225' per lot and within 1000' per lot for multiple family and non-residential subdivisions.
A private well may be permitted if the developer demonstrates by a test well that adequate water is available to the satisfaction of the Department of Public Health.
If there is no public water available nor is adequate water available by a private well, the proposed site may not be subdivided.
Fire Protection
Land must be within a fire protection district or it may not be subdivided.
Access.
Access roads to a conventional subdivision shall have a 40-foot right-of-way, an 8-inch base, and a 20-foot pavement on a 24-foot road bed. Access roads to a minor subdivision shall have a 40-foot right-of-way, a 4-inch base, and a 16 to 18-foot right-of-way depending upon traffic conditions on a 24-foot roadbed. If the access roads do not have the minimum requirements, the land cannot be subdivided.
If there is inadequate right-of-way available and a developer wishes to enter into a contract to improve the roadway to the minimum standards, the developer may be permitted to go ahead with the subdivision.
The subdivider will be required to show proof he has agreed with the township to be responsible for damage to township roads from heavy equipment used for development.
Green Provisions
It is provided that subdivision development must not be located in an environmentally sensitive area unless the subdivider can show that environmental concerns can be mitigated. Sensitive areas included, but are not limited to, sites adjacent to Lake Springfield, Hunter Lake or the Sangamon River and their tributaries, sites in or adjacent to dedicated nature preserves, wildlife corridors, green ways, stream corridors, flood plains, wooded areas and wetlands.
Extensive cut and fill of the natural topography shall not be allowed. Mature trees are to be protected and a tree protection plan is required as a part of the construction plans. All streams and natural watercourses are protected from development by placing them within an easement extending 50' from the stream bank upon which no building or alteration is allowed. No development is permitted within the 100-year flood plain.
Recreation and open space areas shall be provided in residential subdivisions having 25 lots or more with lots one acre in size or less. Such recreation and open space shall contain a minimum land area equal to 6% of the total area being subdivided, or 5 acres, whichever is smaller.
Grandfather Clauses
Basically all existing applications for subdivisions that had reached the location and sketch map stage at the time of the moratorium will be legally grandfathered and may proceed under the old land subdivision rules.

C. ZONING - THE MINIMUM RESIDENTIAL LOT IN THE AGRICULTURAL DISTRICT, AND THE LAND EVALUATION AND SITE ASSESSMENT TECHNIQUE FOR DETERMINING THE ADVISABILITY OF A LAND USE CHANGE

Presently State law permits the creation of a five-acre residential tract on prime farmland in the County without any control over this process by the County Board or by neighbors in the area. While this allows a farmer or the owner of agricultural land to subdivide by a piecemeal process without oversight, it also has often created a patchwork of long thin residential lots in the midst of prime farmland without adequate utility, road and fire protection services with the result that the residents and farmers have conflicts, valuable farm land is taken out of production, and taxing bodies are pressed to provide services for which they do not have funds even with slightly increased property taxes.

The literature and recent practice in Illinois relating to farm preservation provides that a common approach to the preservation problem is by establishing agricultural restrictions through density limitations accomplished through large minimum lot size restrictions. The minimum lot size restriction recommended by the Committee and the planning staff is 40 acres. While the farmer is still allowed by State law to create a new five-acre parcel under the Plat Act, under the proposal of the Committee the new parcel must be 40 acres in size for a residence, but also may be only one acre with the utilization of the child's exemption or of lesser acreage with rezoning approval.

It is evident that this technique is by no means intended to discourage development in the County in appropriate locations. The person holding agricultural lands may still subdivide if he applied for and receives proper zoning for that purpose. This process will allow input by the County Board and the public on the subdivision process. The LESA (Land Evaluation and Site Assessment) system assists in the zoning evaluation process by assessing the soils on the site for suitability for crop production and examines characteristics other than soils which contribute to the quality of the site as farmland and the probability of the site continuing in agricultural use. Using a point system provides a consistent, objective determination of the site's agricultural or subdivision suitability. This system will assist the County Board in making the determination if subdivision is suitable.

For agricultural land owners who wish to hand down residential lots to their children without rezoning in the agricultural district, the proposed ordinance of the Committee will also create a one time exception to the 40- acre rule and allow present owners of agricultural land to create a single acre lot for residential purposes on each 40-acre lot they possess. In this way the farmer who wishes to create a single acre residential lot for a child may do so and need only convey the single acre rather than the greater 40- acre requirement. The single acre lot is encouraged to be located on non-prime farmland and if more than one, to be located adjacent to each other to preserve farmland. This exception also does not require compliance with all the normal minor subdivision requirements.

The preservation of farmland proposal and the zoning changes recommended have received the approval of the Farm Bureau and the Zoning Board of Appeals. Eight counties have adopted the 40-acre minimum residential lot size, and many counties use the LESA system to assist in their zoning decisions.

IV. THE AMENDMENTS TO THE SIGN ORDINANCE

Sign regulations in Sangamon County are a part of the Zoning Ordinance. The Committee finds nearly unanimous support for acting now to control the unnecessary proliferation of signs in Sangamon County so as to lessen visual clutter and preserve scenic beauty, and yet to allow commercial interests reasonable opportunity to advertise their services. The new sign portion of the zoning ordinance has been prepared by the Planning Commission, and has received the approval of the Zoning Board of Appeals. Presently existing signs may continue until they deteriorate. A comparison of existing and the proposed sign regulations is found in Exhibit A of the Committee's Report.

V. OVERSIGHT OF THE LAND USE PROCESS THROUGH THE LAND USE ADVISORY BOARD

The Committee feels that land use in Sangamon County needs continuing oversight by a sitting committee of the Sangamon County Board to keep aware of needs and problems, and to make recommendations to the County Board on action when needed. To achieve that goal, they recommend that the County Board establish a Land Use Advisory Board which shall consist of seven members to be appointed by the County Board Chairman and who shall have a mandate to consider and hold hearings and meetings and shall make recommendations to the Sangamon County Public Health, Safety and Zoning Committee with reference to:

With the creation of this Committee it is respectfully submitted the Sangamon County Public Health, Safety and Zoning Committee and ultimately the Sangamon County Board can be assured of competent oversight into land use practices and problems in the County and practical problems will become known to the County Board and solutions may be approved.

VI. CONCLUSION

The Sangamon County Ad Hoc Subdivision Development Committee was created by the Sangamon County Board to consider land use practices in Sangamon County and make recommendations on this subject to the Sangamon County Board. To this end the Committee has held many meetings and public hearings which has it enabled it to understand the concerns of the community and the problems that exist. It has searched for solutions. All have been allowed to make recommendations. Compromises have occurred as the committee work has progressed. No solution will make everyone happy. The Committee believes that its final recommendations represent a compromise solution that cannot be perfect for everyone but will provide a balanced plan for land use in the County that will be in the best interests of the Sangamon County community as a whole. It respectfully recommends to the Sangamon County Board that it pass into law the recommendations proposed by the Committee.