(A) (1) Within one year after receiving preliminary subdivision site plan plat or site plan approval by the corporate authorities, the applicant shall file with the Subdivision Administrator:
(a) An application for final plat or final site plan approval;
(b) Four initial copies of a final plat or final site plan not to exceed 24 inches by 36 inches in size;
(c) An electronic copy in a format acceptable to the Subdivision Administrator; and
(d) One 11 x 17-inch copy in a quantity and form as required by the Subdivision Administrator.
(2) Any application for final plat or final site plan approval shall be filed at least 15 days prior to the regular monthly meeting of the Planning and Zoning Commission in order to receive action at such meeting.
(B) The following general information, where applicable, shall be shown on the final plat or final site plan, unless waived by the Planning and Zoning Commission:
(1) The date of preparation, north point and scale of drawing, which shall be one inch = 100 feet, or other scale as approved by the Village Engineer;
(2) Legal description of the parcel;
(3) The names and addresses of the record land owner, the applicant and the Illinois-registered surveyor or licensed professional engineer who prepared the plat, with the appropriate seal affixed;
(4) Reference points of existing surveys identified, related to the plat by distances and bearing, and reference to a field book or map as follows:
(a) All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the parcel;
(b) Adjoining corners of all adjoining parcels;
(c) When the village has established the center line of the street adjacent to or within the proposed parcel, the location of such center line and monument found or reset shall be shown; and
(d) All other monuments found or established in making the survey of the parcel, or required to be installed by the provisions of this chapter or by an Act revising the law of plats adopted March 21, 1874, as amended, ILCS Ch. 765;
(5) Lot and block lines with dimensions, bearings or deflection angles, and radii, arcs, points of curvature and tangent bearings.
(a) Parcel boundaries and street bearings shall be shown to the nearest ten seconds with the basis of the bearings.
(b) All distances shall be shown to the nearest 0.01 feet.
(c) Lot area in square feet for each lot shall be designated;
(6) (a) The width of the portion of any streets being dedicated and the width of any existing rights-of-way, all shown each side of the center line.
(b) For streets on a curvature, all curve data shall be based on the street center line, and in addition to the center line dimensions, the radii and central angles shall be indicated;
(7) All easements shall be denoted by fine dotted lines, clearly identified; and if already of record, the recorder's references to such easement.
(a) The width of the easement, its length and bearing, and sufficient ties to locate it definitely with respect to the plat must be shown.
(b) If an easement is not precisely located of record, a description of such easement shall be included.
(c) If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificate of identification;
(8) Lot numbers beginning with the number one and numbered consecutively within each block;
(9) Block numbers or letters beginning with the number one or letter “A” and continuing consecutively without omission or duplication throughout the subdivision site plan.
(a) The figures shall be solid, of sufficient size and thickness to stand out, and so placed as not to obliterate any figure.
(b) Block figures of an addition to a subdivision site plan of the same name shall be a continuation of the numbering in the original subdivision site plan;
(10) Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purpose indicated thereon, and of any area to be reserved by deed covenant for common use of all property owners;
(11) Building setback lines, accurately shown in dimensions;
(12) The name of each street shown on the plat;
(13) Street numbers shall be obtained from the village and shown on final plat;
(14) The name of the subdivision plan;
(15) Existing and proposed grading plan of development at the intervals specified in § 154.21(D)(2), if the overall plan requires changes in the general topography and the regulatory limits of the 100-year flood frequency event, when applicable;
(16) Location of adjoining roads, water courses and bodies of water, marshes, rock outcroppings, wooded areas, and railroads within 100 feet of the property;
(17) Location and dimensions of on-site pedestrian and vehicular access ways, design of ingress and egress of vehicles to and from the site onto public streets, and curb and sidewalk lines, including sidewalk ramps for the handicapped where applicable;
(18) Location of buildings and other structures;
(19) Location and intensity of outdoor lighting system;
(20) Use of property within 100 feet of the boundaries of the site;
(21) All off-street parking, loading spaces and walkways, indicating type of surfacing, size, angle of stalls, width of aisles, and a specific schedule showing the number of parking spaces provided;
(22) Forms of certification as provided for in Appendix A;
(23) The mortgagee shall also execute the plat, if applicable, with the following certification:
“MORTGAGEE:
BY:
Its duly authorized officer
ATTEST:
Its duly authorized officer
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that , personally known to me to be the of who is the mortgagee, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such and , they signed and delivered the said instrument as and to be affixed thereto, pursuant to authority given by the Board of Directors of said as their free and voluntary act, and as the free and voluntary act and deed of said for the uses and purposes therein set forth.
Given under my hand and Notarial Seal this day of , 20 .
Notary Public”
(24) The plat shall have specific language that dedicates all public improvements to the village with the language “Dedicated to the Public;” and
(25) The name and mailing address of the village for return of the plat by the County Recorder.
(C) The following supporting data, where applicable, shall be supplied in separate statements or maps, or, if practical, may be shown on the final plat or site plan, unless waived by the Planning and Zoning Commission:
(1) A copy of any restrictions or covenants to be created by record and any charter or by-laws of any property owners' association to be created;
(2) The following certificates, which may be combined where appropriate:
(a) A certificate signed and acknowledged by all parties having any legal or beneficial interest in the parcel consenting to the preparation and recording of the said plat;
(b) A certificate signed and acknowledged by all parties having any interest in the land, dedicating all parcels of land intended for any public use; and
(c) Certification by the County Clerk showing that all taxes and special assessments due on the parcel have been paid in full.
(3) Plans and specifications for the required public improvements, together with the written report of the Village Engineer required by § 154.23(C)(3);
(4) Existing soil conditions based upon soil borings prescribed by the Village Engineer in light of the proposed use of the parcel;
(5) Landscape plan showing location, type and approximate size of plantings;
(6) Architectural elevations for building types;
(7) Development data.
(a) Development data showing number of floors, floor area, height and location of each building and proposed general use for each building and the floor area ratio for the entire development.
(b) If a multifamily residential building, the number, size and type of dwelling units:
(8) A final drainage plan.
(a) A final drainage plan providing for the adequate disposition of natural and storm water in accordance with the design criteria and standards of this chapter, indicating location, sizes, types and grades of ditches, catch basins and pipe, and connections to existing drainage system.
(b) The drainage plan shall depict the proposed 100-year flood frequency boundaries, when applicable;
(9) A soil erosion control plan providing for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures that will be implemented during all phases of clearing, grading and construction;
(10) Sewage disposal.
(a) In all cases where private central sanitary sewer systems are to be used, the applicant shall secure the necessary permits for installation and operation of the system from the State Environmental Protection Agency, the County Health Department and the village.
(b) In all cases where private septic systems are to be used, percolation tests shall also be made on each building lot and a copy of the data and a recommendation of minimum lot sizes by the Will County Health Department shall be submitted to the Planning and Zoning Commission and the Village Engineer;
(11) A schedule showing phasing of other proposed improvements.
(D) The applicant shall supply the following forms of guarantee to the village.
(1) An improvement completion guarantee under which the applicant agrees to install any required improvements at his or her own expense in accordance with the plans and specifications within the time required as a condition of approval.
(a) Acceptable improvement completion guarantees:
1. Cash escrow.
a. Cash deposit or certified check in the total amount required shall be placed with the Village Clerk, and administered in accordance with the provisions of an escrow agreement to be negotiated and approved by the Village Attorney.
b. Such agreement may contain provisions for specific application of such funds, partial contract payout, pro rata reduction of deposit excess, final escrow settlement, and other pertinent administrative matters as may be required.
c. The escrow agreement shall be in an acceptable form as prescribed by the corporate authorities.
2. Letter of credit.
a. An irrevocable commercial letter of credit with any financial institution that:
(i) Must be approved by the Village Attorney and Village Engineer; and
(ii) Provides for the administration of such credit in the manner as set forth in § 154.22(D)(1)(a)1. above.
b. The letter of credit shall be in an acceptable form as prescribed by the corporate authorities.
3. Completion bond.
a. A completion bond to insure the construction of the improvements in a satisfactory manner and within the period specified by the corporate authorities.
b. The bond shall be payable to the village and in a form with surety and conditions as approved by the Village Attorney and Village Engineer.
(b) The amount of the improvement completion guarantee shall be based on: the total cost of the estimated construction, engineering, surveying and fees for each specific step of the required improvements, plus 20% of such total for contingencies, maintenance of improvements and the abatement of construction nuisance and erosion control during the period prior to acceptance of improvements for a specific step, including all professional fees of the village, all as approved by the Village Engineer.
(c) That each improvement completion guarantee shall be separately itemized by steps as follows:
1. Step 1. Underground improvements, including, but not limited to : storm sewers, sanitary sewers, water main detention facilities, overland flood routes; and
2. Step 2. Basic street improvements, including, but not limited to: curbs, gutters, base course, binder course, street signs and street lights; and
3. Step 3. Finished street improvements, including, but not limited to: final surface improvements; and
4 Step 4. Roadway improvements, including, but not limited to: sidewalks, bike paths, walking paths, parkway/ROW landscaping, park landscaping and street trees.
(d) Uncompleted work.
1. If the balance of work remaining uncompleted in any specific step equals 5% or less, as determined by the Village Engineer, of the original amount of the completion guarantee, as specified in § 154.22(D)(1)(b), the village may approve a reduction in the guarantee for that step to an amount equal to 20% of the original guarantee amount for that step.
2. The village shall not under any circumstances reduce an improvement completion guarantee for a step if the work remaining in that step exceeds 5%.
3. The village shall not accept any portion of the improvements in a step until that step has been 100% completed.
4. The village shall not accept any portion of the improvements in steps 1, 2, or 3 until all improvements cumulative to those steps have been 100% completed.
(e) The village shall approve 100% reductions in a step's improvement completion guarantee only after all improvements in that step, as itemized, have been completed and demonstrated by "as-built" engineering plans provided by the developer as described in § 154.77
(f) All improvement completion guarantee reductions or acceptance of improvements shall be by written resolution or letter of the corporate authorities.
(g) The resolution/letter completely eliminating the improvement completion guarantee of a specific step shall also include acceptance of any public improvements within that step.
(h) Improvement completion guarantee release and public improvements acceptance are contingent upon village receipt of a two year maintenance guarantee as then provided by this chapter.
(i) All improvement completion guarantees shall be for two years from the date of approval of the final plat, approval of final site plan or village receipt of guarantee funds, whichever occurs later.
(j) Extension of improvement completion guarantees past the original two year time frame described in division (D)(1)(i) above shall be as follows:
1. When improvements for a specific step have not been completed or accepted within the two year time frame as described in division (D)(1)(i) above an amendment of the guarantee extending the expiration date by one year will be required.
2. When improvements for a specific step have not been completed or accepted within one year from the amended expiration date, as described in division (D)(1)(j)1. above, the following amendments to the guarantee will be required: extension of the expiration date by one year; adjustment to the remaining guarantee amounts for each of the previous three years as determined by the Village Engineer using the Construction Cost Index.
3. When improvements for a specific step have not been completed or accepted within one year from the amended expiration date, as described in division (D)(1)(j)2. above and for each successive year thereafter, the following amendments to the guarantee will be required: extension of the expiration date by one year; adjustment to the remaining guarantee amounts for the previous year as determined by the Village Engineer using the Construction Cost Index.
4. For guarantees which may not include a specified expiration date, amendment of guarantee amounts as specified in division (D)(1)(j) will still be required.
(2) A maintenance guarantee to be furnished upon final completion of public improvements in a form as prescribed under division (D)(1)(a) above, effective for a period of two years after the final acceptance of said improvements or village receipt of maintenance guarantee funds, whichever occurs later, for the purpose of:
(a) Guaranteeing against and securing the correction of any defect in material or workmanship furnished for such public improvements, latent in character, and not discernible at the time of final inspection or acceptance by the village;
(b) Guaranteeing against and securing the correction of any damage to public improvements by reason of settling of the ground, base or foundation thereof.
1. Such maintenance guarantee shall also provide that as such defects develop, the amount held hereunder may be applied by the village for any amounts incurred to correct such defects, and that the balance of such deposit, if any, held at the end of such two-year period shall be returned by the village to the depositor without interest.
2. The amount of the maintenance guarantee for a specific step shall be not less than 20% of the total initial amount of the improvement completion guarantee for that step;
(c) Guaranteeing all lots within the development will be free of debris, are rough graded, are maintainable, have lawn grass established, and have sufficient erosion control measures in place. If lawn grass cannot be established on existing soils, sufficient topsoil shall be spread on site.
(3) However, for property outside the corporate limits of the village, no such agreement shall be required where the applicant has entered into a similar agreement covering the parcel with the county authorities.
(E) (1) Upon the determination that the application and final plat or final site plan are in proper form, the Subdivision Administrator shall place the matter on a Planning and Zoning Commission meeting agenda and notice shall be served on the applicant confirming the time and place of the meeting at which the matter will be discussed.
(2) The Village Engineer shall also be notified and supplied with copies of the application, final plat or final site plan, and other documents.
(F) The applicant may elect to have final approval of a geographic part or parts of the plat that received preliminary approval, and may delay application for approval of other parts until a later date or dates beyond one year with the approval of the corporate authorities.
(1) Provided, all facilities required to serve the part or parts for which final approval is sought have been provided.
(2) In such case, only such part or parts of the plat as have received final approval shall be recorded.
(G) If the applicant so elects, he or she may delay furnishing the guarantees required by division (D) of this section until notified that the final plat has been approved by the corporate authorities in all other respects; provided that the signature of the President and the Clerk and the seal of the village are not be affixed to the plat until the required guarantees are furnished and approved.
(H) The Planning and Zoning Commission shall forward its written report to the corporate authorities, recommending approval or disapproval of the final plat or final site plan, within 15 days from the date of its next regular or special meeting, following the filing of the last required document or other paper that shall be considered the date of filing the application for final approval of the plat or site plan.
(1) The signatures of the chairman and secretary of the Planning and Zoning Commission shall be affixed to the final plat or final site plan after approval by the corporate authorities.
(2) If the recommendation is to disap- prove, the report shall set forth the reasons for its disapproval, and specify with particularity the aspects in which the proposed plat or site plan fails to meet the standards of § 154.23.
(3) A copy of the report shall also be forwarded to the applicant.
(I) After receiving the final recommendation of the Planning and Zoning Commission, the corporate authorities shall approve or disapprove the final plat or site plan within 60 days from the date of filing application for final approval of the plat or site plan, unless the applicant and the corporate authorities mutually agree to extend this 60-day period.
(1) If the final plat or final site plan is disapproved, the corporate authorities shall state the reasons for the disapproval, specifying with particularity the aspects in which the final plat or final site plan fails to meet the standards of § 154.23.
(J) The final subdivision site plan plat, together with all covenants and restrictions, shall be recorded by the Village Clerk in the Office of the Recorder of Deeds for the county in which the property is located and returned to the Village Clerk.
(1) All recording fees shall be prepaid by the applicant.
(2) The Village Clerk shall notify the Subdivision Administrator of the recording of the final plat or final site plan.
(Ord. 176, passed 3-6-78; Am. Ord. 639, passed 3-4-91; Am. Ord. 773, passed 10-4-93; Am. Ord. 780, passed 12-6-93; Am. Ord. 1233, passed 5-20-02; Am. Ord. 1543, passed 8-4-08; Am. Ord. 1589, passed 8-3-09)