(A) Title. This chapter is 161 of the Code of Ordinances of the City of Danville, Illinois shall be known as and may be cited as "The Subdivision Regulations."
(B) Authority. This chapter is adopted under the authority granted cities under the Illinois Plat Act (ILCS 765, Ch. 205, §§ 1 et seq). No final plat or subdivision within the city's area of jurisdiction shall be approved and accepted by the City Council unless it conforms to the provisions of this chapter.
(C) Jurisdiction. This chapter shall be applicable within the following described areas:
(1) All lands located within the city.
(2) All unincorporated land within one and one half miles of the corporate limits of the city.
(3) Land which is the subject of an Annexation Agreement under ILCS 65, Ch. 5, § 7-1.
(D) Scope. This chapter prescribes methods and procedures for the preparation, submission, review and filing of documents required for approval by the city of any real estate development within the city area of jurisdiction. Supplemental documents herein specified may be required as necessary for the review of the proposed development. This chapter sets forth development requirements, standards and specifications for:
(1) The location, width, course and surfacing of public streets, alleys, curbs, gutters, sidewalks, and easements for public service facilities.
(2) The placement, location, course, diameter, length, and carrying capacities of all public utilities and disposal systems. This includes but is not limited to water, gas, electricity, telecommunications, sanitary sewer disposal and storm water drainage.
(3) Dedication of land for public right-of-way and easement.
(4) Civil engineering standards for design inclusive of testing, construction and materials to be used.
(5) Construction bond and maintenance bond requirements for the installation of required improvements. The required standards and specifications of this chapter do not relieve the developer of compliance with any other applicable requirement that regulates land development.
(E) Purpose. The purpose of this chapter is to regulate and control the division of land within the area of jurisdiction of the city. Such regulation and control are necessary to:
(1) Provide for the legal and orderly division of land by requiring the proper description, monumentation and recording of subdivided lands.
(2) Promote growth of the community that protects the public health and safety and provides essential public services to the existing and future residents. The goals of this chapter shall include:
(a) Conformance with the city Land Use Plan.
(b) Provisions for adequate public services including public water and sewer, electricity, and police and fire protection.
(c) Prevention of leapfrog and scattered developments.
(d) Prevention of development where land is not suitable.
(e) Provision for a safe and efficient street network to provide a reasonable hierarchy of street classifica-tions and street design standards to meet the transportation needs of the city.
(f) Prevention of premature conversion of agricultural lands.
(g) Prevention of agricultural/ residential conflicts.
(h) Conservation and protection of natural resources.
(i) Prevention of inappropriate development in or filling of the 100-year flood plain.
(j) Establishment of lots that are of a practical size and shape.
(k) To preserve the natural beauty and topography of the city and to insure appropriate development with regard to these natural features.
(l) To promote flexibility in design and permit planned diversification in the location of structures in planned unit developments and mobile home parks.
(m) To coordinate the review of plans for the proposed development so that they can be reviewed simultaneously.
(F) Application of regulations.
(1) Whoever divides, or participates in the division of lots, tracts, or parcels of land into two or more lots, plats, sites, or other divisions of land for the purpose of present or future sale or building development, whether residential, commercial, industrial, professional or other use, shall make the transaction subject to provisions of this chapter. A plat must be submitted to, and accepted by, the City Council according to the terms as herein set forth. The terms hereof shall include and refer to any division or subdivision of land previously subdivided or platted.
Exceptions. The provisions of this chapter do not apply and no plat is required in any of the following instances.
(a) The division or subdivision of land into parcels or tracts of five acres or more in size which does not involve any 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 or contiguous land, except where the transfer results in the creation of another buildable lot.
(d) The conveyance of parcels of land or interests therein for the use as a right-of-way for railroads or other public utility or pipe line 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 streets or easements of access.
(f) The conveyance of land for highway or other public purpose or grants or conveyances relating to the vacation of land to relate to public use.
(g) Conveyances made to correct descriptions prior to conveyances.
(h) Sale or exchange of parcels or tracts of land following the division into no more than two parts of a particular parcel or tract of land existing on July 17, 1959 and not involving any new streets or easements of access.
(i) The sale of a single lot less than five acres from a larger tract when a survey is made by a registered land surveyor; provided however, that this exception shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions and configuration of the larger tract on October 1, 1983 and provided that this exemption does not invalidate any other local requirements applicable to the subdivision of the land.
(2) Regulations. Wherever any subdivision of land shall be laid out, the developer thereof or his agent shall submit a preliminary, semi-final and final subdivision plat in accordance with these regulations. Said plats and plans of proposed improvements and all procedures relating thereto shall comply with these regulations.
(3) Prohibitions. Until plats and plans for the proposed subdivision are approved, properly endorsed and recorded:
(a) No proposed plat or sub-division of land shall be used for purposes of sale of a lot or building development or recorded until approved by the City Council and recorded in the County Recorder's Office, or approval is received under the "Minor Subdivision" provisions of this chapter.
(b) No building shall be erected on any lot, nor shall a building permit be issued for a building unless there is access to a public street or private way and other-wise conforms to other applicable ordinances.
(c) No improvements such as side-walks, water supply, storm water drainage, sanitary sewerage facilities, gas service, electric service or lighting, telephone service, cable TV service, public utility service, grading, paving or surfacing of streets shall be made by any owner or agent, or by any public service corporation at the request of such owner or agent in any proposed subdivision until approval of the plat by the City Council has been completed and the plat recorded in the County Recorder's Office.
(4) Danville Area Planning and Zoning Commission. All lands offered to the City of Danville, hereinafter referred to as the city, for use as streets, alleys, schools, parks, and other public uses shall be referred to the Danville Area Planning and Zoning Commission, hereinafter referred to as the Commission, for review and recommendation. The Commission shall in turn refer proposed subdivisions to its Subdivision Committee for the necessary technical review and approval.
(5) Drainage. All plats that are submitted for approval as a subdivision must provide for adequate drainage and/or drainage facilities as approved by the City Engineer in accordance with the Storm-water Management Ordinance (see chapter 162) as approved by the city.
(6) Master plan. In the case of plats for parts of a larger tract of land where it appears necessary to the Department of Development Services, hereinafter referred to as the Department, for the satisfactory overall development of an area, an owner may be required to prepare at least a street plan of his entire tract based upon proper topographic surveys before approval of any portion of such plan.
(7) Re-subdividing. Whenever an area is subdivided into lots of one acre or more consideration shall be given to the street and lot arrangement of the original subdivision so that additional local streets can be located which will permit a logical arrangement of smaller lots.
(G) Interpretation/separability. In its interpretation and application, the provisions of this chapter shall be the minimum requirements for the promotion of the public health, safety, and general welfare.
(1) Where the conditions imposed by any provision of this chapter upon the use of land is less restrictive than comparable conditions imposed by any other applicable law, ordinance, resolution, rule or regulation, those which are more restrictive or which impose higher standards or requirements, shall govern.
(2) This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, then the requirements of this chapter shall govern.
(H) Schedule of fees. There shall be required a fee for each subdivision plat submitted for approval. Such fees shall be paid at the time an application for semi-plat approval is submitted to the Department and shall be based on the following:
(1) A cashier check, or money order in the amount required by § 151.99, payable to the city.
(2) The Vermilion County fee for recording the plat.
(3) Any additional costs determined by the Department because of unusual circumstances, more than ordinary review, or other services being provided by the city. Additional fees, may include but are not limited, to engineering, legal and special consulting expenses.
(Ord. 8290, passed 12-17-02)