This title is adopted for the following purposes:
A. To ensure sound, harmonious subdivision development and community growth, and to safeguard the interests of the homeowner, 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 costs.
D. To assure the development of land for the highest possible use with all the necessary protection against deterioration and obsolescence.
E. To provide common grounds of understanding and a sound working relationship between the village and the developer. (1976 Code § 152.003)
A. Application Of Regulations:
1. 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 (11/2) miles of the nearest limits of the village except in conformity with the provisions of this title.
2. The subdivision plans and plats, proposed improvements to be installed, and all procedures relating thereto, shall in all respects be in full compliance with these regulations. (1976 Code § 152.004)
B. Interpretation:
1. In their interpretation and application, the provisions of this title shall be held to be the minimum requirements. If or wherever this title is silent on technical definitions and standards, reference should be made to appropriate sections of the building code, zoning code or manuals depicting standard professional engineering practice.
2. Where the conditions imposed by any provision of this title upon the use of land are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title 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. This title is not intended to abrogate any easement, covenant or any other private agreement; provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this title shall govern.
4. If any section, division, sentence, clause, phrase or portion of this title is 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 the holding shall not affect the validity of the remaining portions. (1976 Code § 152.005(F))
A. No proposed concept, preliminary, or final plan of subdivision will be considered until such time as all filing fees and escrow account deposits are completed pursuant to section 13-1-9 of this code.
B. 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 (11/2) miles beyond the incorporated boundary of the village, the subdivider or his agent shall submit both a preliminary and a final subdivision plat to the plan commission for their approval. The subdivision plats and all procedures relating thereto, shall in all respects be in full compliance with these regulations.
C. 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.
3. No improvements, such as sidewalks, water supply, storm water drainage, sanitary sewerage facilities, gas service, electrical service, lighting, grading, paving or surfacing of streets shall be made by any owner or owners or his or their agent, or by any public service corporation at the request of the owner or owners or his or their agent.
D. All offerings or dedications of land to the village for use as streets, highways, alleys, schools, parks, playgrounds or other public uses shall be referred to the plan commission for review and recommendation before being accepted by the village board of trustees or by any other governing authority of the village having jurisdiction over the proposed use.
E. 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.
F. Whenever an area is subdivided into lots of thirty thousand (30,000) square feet or more and there are indications that such lots will eventually be resubdivided 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. (Ord. 05-12-27, 12-19-2005)
In the interpretation of this title, the rules contained in this section shall be observed and applied, except when the context clearly indicates otherwise:
A. 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.
B. The word "shall" is mandatory and not discretionary.
C. The word "may" is permissive.
D. The word "lot" shall include the words "plot", "piece" and "parcel".
E. The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for" and "occupied for". (1976 Code § 152.006)
For the purpose of this title, 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.
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 shorelines of waterways, or corporate boundary lines of the village.
BUILDING: Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons or animals. Any structure with interior areas not normally accessible for human use, such as gas holders, oil tanks, water tanks, grain elevators, coal bunkers, oil cracking towers, salt barns and other similar structures, are not considered buildings.
BUILDING SETBACK LINE: A line parallel to the street and within a lot or other parcel of land, so designated by the front yard requirements of the zoning district within which the lot is located, and so depicted on the plats of proposed or existing subdivision.
CROSSWALK: A public right of way 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.
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.
ENGINEER'S ESTIMATE OF PROBABLE COST: An estimate of the construction costs of proposed improvements, as prepared by the project engineer.
HIGHWAY: A right of way for vehicular traffic which traverses a nonurban area, usually a state or federal numbered route.
IMPROVEMENT, PUBLIC: Any drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, or other facility for which the village of Antioch shall ultimately assume the ownership by way of right of way dedication or conveyance of land by deed.
IMPROVEMENT, QUASI-PUBLIC: Any storm water management facility, drainage ditch, roadway, parkway, sidewalk, pedestrianway, tree, lawn, or other facility for which the local homeowners' association or some other private entity is ultimately going to assume ownership and/or responsibility for maintenance and operation.
LOT: A portion of a subdivision or other parcel of land intended for transfer of ownership or which is or may be occupied by a use, building or buildings, including the open spaces required by this title.
OUTLOT: A parcel of property which is specifically dedicated to a public or quasi-public purpose. Such purpose may include, but is not necessarily limited to: open space - passive recreation; storm water retention or detention; wetlands preservation; etc. In any case, such outlot use does not include the construction of any habitable structure. As an unbuildable lot, an outlot is not required to abut a publicly dedicated street, but may be accessible for maintenance and emergency vehicles.
PARKWAY: A route intended to be used primarily by passenger vehicles and whose right of way is or is intended to be developed in a park like character.
PLAN, SUBDIVISION: A series of maps, plans, and data, including, but not necessarily limited to, subdivision plat, engineering drawings, drainage calculations, landscaping drawings, restrictive covenants and the like.
PLAT, SUBDIVISION: A specific map or drawing prepared by an Illinois registered land surveyor which describes and sets forth all public streets, alleys, ways for public service facilities, ways for utility services and community antenna television systems, parks, playgrounds, school grounds or other public grounds, and all the tracts, parcels, lots or blocks, and numbering all such lots, blocks or parcels by progressive numbers, giving their precise dimensions.
PRELIMINARY: The preparatory step prior to final.
ROADWAY: The paved area within a street right of way intended for vehicular traffic, including all curb and gutter facilities.
STREET: A public right of way or private easement, which primarily serves or is intended to serve as a vehicular and pedestrian access to abutting lands or to other such rights of way or easements.
STREET, APPROVED: Any street, whether public or private, meeting standards and specifications of the village.
STREET, MARGINAL ACCESS: A minor street which is parallel and adjacent to highways and primary thoroughfares and which provides access to abutting properties and protection to local traffic from fast, through moving traffic on the highway and primary thoroughfares.
STREET, MINOR: A street intended primarily as access to abutting properties.
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: Any primary or secondary thoroughfare or minor street which is shown on the subdivision plat and is, or is to be, dedicated for public use.
SUBDIVIDER: The person or persons responsible for preparing and recording the plats of the subdivision and for carrying out all appropriate requirements relating thereto as outlined in this title.
SUBDIVISION: The division of land into two (2) or more parts, any of which is less than five (5) 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, and numbering all such lots, blocks or parcels, by progressive numbers, giving their precise dimensions. However, the following shall not be considered a subdivision and shall be exempt from the requirements of this title:
A. The division or subdivision of land into parcels or tracts of five (5) 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 interests 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 other public utility which does not involve any new streets or easement of access;
F. The conveyance of land for highway or other public purposes or grants or conveyance relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use;
G. Conveyances made to correct descriptions in prior conveyances;
H. The sale or exchange of parcels or tracts of land existing on July 17, 1959, into no more than two (2) parts and not involving any new streets or easements of access.
THOROUGHFARE, PRIMARY: A street of considerable continuity which serves, or is intended to serve, as a principal traffic artery between the various sections of the Antioch area and is so designated as a primary thoroughfare of the official map and standards ordinance.
THOROUGHFARE, SECONDARY: A street which carries traffic from minor streets to the primary thoroughfare system, or between primary thoroughfares, and is so designated as a secondary thoroughfare on the official map and standards ordinance.
VILLAGE BOARD: The board of trustees of the village.
WOODLAND, MATURE: An area or stand of trees whose total combined canopy covers an area of one acre or more and at least fifty percent (50%) of which is composed of canopies of trees having a diameter at breast height (dbh) of at least ten inches (10"), or any grove consisting of eight (8) or more individual trees having a dbh of at least twelve inches (12") whose combined canopies cover at least fifty percent (50%) of the area encompassed by the grove. Provided, however, that no trees kept or grown for commercial purposes shall be considered a mature woodland.
WOODLAND, YOUNG: An area or stand of trees whose total combined canopy covers an area of one-half (1/2) acre or more and at least fifty percent (50%) of which is composed of canopies of trees having a diameter at breast height of at least three inches (3"). Provided, however, that no trees kept or grown for commercial purposes shall be considered young woodland. (1976 Code § 152.007; amd. Ord. 00-06-09, 6-5-2000; Ord. 06-06-24, 6-19-2006)
Notes
| 1 | 1. See title 2, chapter 1 of this code. |