(A) Classification and determination of subdivision types.
(1) Minor subdivision. A proposed subdivision of land into two but not more than six lots all of which front upon an existing street, not involving any new streets or other rights-of-way, easements and improvements or other provisions for public areas and facilities.
(2) Major subdivision. Any sub-division that does not meet the requirements of a minor subdivision.
(3) Planned unit development. A development which may or may not involve the subdivision of land to be developed as a single entity. Planned unit developments must comply with the standards of this chapter unless subject to a variance recommended by the Committee and approved by the City Council.
(B) Procedures for a pre-application conference. In order to properly evaluate a prospective area for subdividing, a "sketch plan" shall be prepared on a base map with a scale of 1 inch equals 400 feet, extending at least one quarter mile beyond the proposed subdivision boundaries. The base map for the sketch plan will be furnished by the Department of Development Services or the Vermilion County Supervisor of Assessments. The developer shall include on the sketch, only for the proposed development, the existing and proposed major use areas for residential, commercial, industrial, public purposes and major streets. This sketch plan may be presented by the Department to various agencies having respective jurisdiction such as the mayor, planning and zoning authorities, city engineer, Danville Fire Department, Danville Sanitary District, Illinois Power Representatives, Vermilion County Health Department and township highway commissioner. Written comments relative to the sketch plan and concept shall be made by the various agencies and furnished to the developer within 30 days after receipt and prior to the preliminary plat procedure. However, even though written comments shall be made, it is hereby declared that the ultimate authority for the approval or the rejection of any proposed subdivision rests with the City Council. Further, the absence of written comments from said agencies shall not preclude the Committee from allowing the review to proceed.
(C) Procedures for a minor subdivision plat approval. Minor subdivisions may be exempted from the procedures and requirements for semi-final plats, and the developer may proceed to file the final plat for review, once a preliminary plat has been approved by the City Council. Final plat procedures and requirements shall be as specified in § 161.03(H).
(D) Procedures for a major subdivision plat approval.
(1) Approval stages. Major subdivisions shall be considered in three stages: preliminary plat; semi-final plat; and the final plat stages.
(2) Attendance at meetings. The developer and/or his agent, the consulting engineer, and/or land surveyor shall attend the meetings of the Committee in order to properly present the subdivision and to answer necessary questions. The Committee may, at its discretion, refuse to formally consider or take action on a specific subdivision plat application if the developer does not attend a review meeting.
(3) Agency input. In planning a subdivision, a developer should consult with the various agencies having respective jurisdiction such as the city or county zoning authorities, City Engineer, Danville Sanitary District, County Health Department and Illinois Environmental Protection Agency and any other agency having jurisdiction. If the subdivision is located outside of the city limits, the developer should also contact the Vermilion County Health Department and the appropriate Township Highway Commissioner.
(E) Preliminary plat stage. After the sketch plan evaluation concerning the feasibility of the proposed subdivision, a preliminary plat and required supplemental material shall be prepared and presented to the Department. The preliminary plat shall reflect the general layout of the lots and blocks, but exact dimensions are not required. The primary purpose of the preliminary plat stage is to determine whether the proposed subdivision will meet the design standards herein contained and other applicable laws.
(F) Procedures for conditional approval of preliminary plats.
(1) Preliminary application conference. The developer shall prepare and submit to the Department a preliminary plat and such supplemental material as requested by the Department.
(2) Required information. The developer shall make application to the Committee for conditional approval of his preliminary plat. Information shall be submitted to the Committee as follows:
(a) One copy of the preliminary certification form provided by the Department;
(b) Two copies of the preliminary subdivision application;
(c) Eight copies of the preliminary plat including a vicinity map;
(d) Any other data that the Committee deems necessary.
(3) Consultation with developer. The purpose of the pre-application conference is to provide the developer with an opportunity for consultation with the Department before preparation of the application for conditional approval of the preliminary plat.
(4) Form. The proposed plat shall be drawn at a scale of 1 inch = 50 feet. The size of the sheets shall be 24 inches x 36 inches maximum. If it is necessary to place the plat on more than one sheet, an index map shall be included on the first sheet. A vicinity map showing the location of the area being platted as it relates to the rest of the community, showing major streets in the area shall be included.
(5) Review officials. The officials listed below shall be invited to attend the preliminary application conference along with the developer and/or his engineer.
(a) Representative of the Department.
(b) Subdivision Committee Chairman or his designee.
(c) City Engineer or his designee.
If the proposed subdivision is deemed to be of a complex nature, the Department retains the right to call a Commission meeting to review the subdivision.
(6) Committee action on preliminary plat. Following review of the preliminary plat and supporting material for conformity to these regulations and following negotiations with the developer on changes deemed advisable and the kind and extent of improvements to be made by him, the Committee shall approve, reject or approve with conditions and/or variances. The action of the Committee shall be noted on three copies of the preliminary plat, referenced and attached to any conditions determined. One copy shall be returned to the developer, one copy forwarded with a report to the City Engineer and the other retained by the Department.
(G) Procedures for approval of semi-final plat. After the developer has received approval or conditional approval of the preliminary plat, the developer shall cause to be prepared a semi-final plat and improvement plans for the subdivision. Only that part of the preliminary plat which is proposed by the developer for final approval by the City Council must be submitted in semi-final form. If lot changes have occurred from the original proposal, the applicant should refer the plat back to the private utility companies. The presentation to the Subdivision Committee of the semi-final plat shall take place not more than 12 months after approval of the preliminary plat unless written request is made for an extension and granted by the Committee.
(1) Required information. Information shall be submitted to the Committee as follows:
(a) Two copies of the semi-final subdivision application;
(b) Four copies of the semi-final plat including vicinity map and improvement plans;
(c) Any other data that the Committee deems necessary.
The Department may transmit additional copies of the semi-final plat to utility companies, school boards, township officials, adjacent communities and others as deemed appropriate. Said officials and agencies shall make their review and recommendations to the Department within ten days from the date of transmission in order to be considered.
If the proposed subdivision or a part thereof is outside the city limits, the Department shall transmit a copy of the semi-final plat to the following officials and agencies for their review and recommendations, which shall be completed within 30 days to be considered:
(a) Vermilion County Health Department and/or Illinois EPA.
(b) Appropriate Township Highway Commissioner.
(2) Notification. The Department shall inform the developer that the plans and data as submitted or as modified do or do not meet the requirements of these regulations, as set forth in writing by the Department.
(3) Form. The semi-final plat shall be drawn at a scale of 1" = 50 ' with the use of permanent lines or ink and the outer dimensions of the map shall be 24" x 36" maximum. The drawing shall be made on a reproducible mylar. Maps of two or more sheets shall be referenced to an index map placed on the first sheet.
(4) Required plans and specifications. Semi-final plans and specifications or improvements shall be submitted in quadruplicate to the Department and shall include at least the following:
(a) Detailed drawings of a grading plan, street improvements plan, sanitary sewer improvements plan, and water system improvements plan.
(b) Plans and profiles drawn at a scale not to exceed one inch equals 100 feet horizontally and one inch to ten feet vertically indicating additional horizontal and vertical location of streets, sewers, appurtenances, and the existing grade.
(c) Detailed material and construction specifications concerning the work to be performed.
(d) Upon receipt of these plans and specifications, the Department shall refer them to the City Engineer, who shall review these plans for compliance with the city's requirements, and shall return them together with his comments and recommendations to the Department. The engineer may, at his discretion, confer with the developer's engineer concerning recommendations to the plans. All semi-final plats shall be submitted on a minimum sheet size of 23 inches by 36 inches (23 x 36). They shall bear the signature and seal of the Illinois Registered Civil Engineer under whose directions they were prepared.
(5) Committee approval timing. Within 30 days after application for approval of a semi-final plat, the Committee shall approve, disapprove or approve with conditions the plat. If the Committee approves, it shall certify with the signatures of its chairman and director of the Department. If it disapproves, it shall set forth its reasons in its own records and provide the applicant with a copy.
(a) Disapproval. Should the Committee determine to disapprove the semi-final plat, written notice of such action, including reference to the regulations or regulation violated by the plat, shall be mailed to the developer. The action shall also be entered on the official records of the Committee.
(b) Approval without Committee action. In the event the Committee shall fail to act upon the semi-final plat within 60 days from the date of its official filing, or within a mutually agreed upon extension, the semi-final plat shall be deemed to have been approved by said Committee.
(c) The action of the Committee shall be noted on four copies of the semi-final plat, referenced and attached to any conditions determined. One copy shall be retained by the Department and the other three copies forwarded with a report to the Commission for their review.
(6) Commission action. Following review of the semi-final plat and supporting material for conformity to these regulations and following negotiations with the developer on changes deemed advisable and the kind and extent of improvements to be made, the Commission shall, after reviewing the recommendation of the Subdivision Committee, express its approval, disapproval or approval with conditions and reasons therefore. The action of the Commission shall be noted on three copies of the semi-final plat, referenced and attached to any conditions determined. One copy shall be returned to the developer, one copy forwarded with a report to the City Council and the other retained by the Department.
(7) Semi-final plat approval effect. Approval of a semi-final plat by the Commission shall not constitute approval of the subdivision or of the final plat. Rather it shall be deemed an expression of approval to a layout submitted on the semi-final plat as a guide to the preparation of the final plat which will subsequently be submitted for approval of the City Council and for recording upon fulfillment of the requirements of these regulations and the performance of any conditions of the conditional approval.
(8) Initiation of improvements. The Committee shall review the semi-final plat and authorize the construction of improvements, provided appropriate bonds, as determined by the city engineer, for the construction of the improvements as required are submitted. If said bonds are received, the developer may submit his application for final plat approval. Upon appropriate inspection of any improvements installed, the Committee will authorize the application for final plat approval.
(9) Construction time. The approval of the semi-final plat will become void within one year unless the final plat is submitted for approval, or unless an extension of time is requested in writing and granted by the Committee.
(10) City Council action. After approval of the semi-final plat by the Commission and the fulfillment of the requirements of these regulations, one tracing of the semi-final plat of the subdivision, drawn in ink on tracing cloth or other permanent base, shall be submitted to the City Council with a written statement of any conditions for approval.
(11) Council approval timing. The City Council will consider the semi-final plat and conditions at a regularly scheduled meeting within 45 days after action by the Commission.
(H) Procedures for approval of final plat.
(1) Relationship to semi-final plat. The final plat shall conform substantially to the semi-final plat as approved, and if desired by the developer, it may constitute only that portion of the approved semi-final plat which he proposes for approval by the City Council, provided however, that such portion conforms to all requirements of these regulations and that semi-final plat approval has been granted by the City Council.
(2) Required information. The developer shall make application to the Committee for approval of a final plat shall be as follows:
(a) Two copies of the final plat application;
(b) Reproducible of original tracing and two copies of final plat;
(c) Reproducible of original tracing and four copies of approved improvement plans;
(d) Three copies of financial guarantees as required by this chapter in an amount stated by the city engineer. Copies are to be kept on file by the Department, city engineer and the city clerk.
The Committee may request additional copies of any of the above items and other additional information deemed necessary. Within five working days after the date of submission, the Department shall determine if all the items as required by § 161.04(C) have been submitted. If all the required items have not been submitted, the Committee shall notify the developer of such omissions.
(3) Form. A map of the plat shall be drawn at a scale of 1 inch = 50 feet with the use of permanent lines or ink the outer dimensions of the map shall be 24 inches x 36 inches maximum. The drawing shall be made on a reproducible mylar. Maps of two or more sheets shall be referenced to an index map placed on the first sheet. Additionally, the final plat shall be provided in electronic digital format compatible with AutoCad.
(4) Committee's approval timing. Within 30 days after submission by the developer of a final plat, the Committee shall, approve or disapprove it. The Committee shall make every effort to insure that no material changes have been made by the developer subsequent to the Commission's approval of the semi-final plat and that all conditions or variances approved by the Commission have been incorporated in the plat. If the Committee approves, it shall certify with the signatures of its Chairman and Director of the Department. If it disapproves, it shall set forth its reasons in its own records and provide the applicant with a copy.
(a) Disapproval. Should the Committee determine to disapprove the proposed final plat, written notice of such action, including reference to the regulations or regulation violated by the plat, shall be mailed to the developer. The action shall also be entered on the official records of the Committee.
(b) Approval without committee action. In the event the Committee shall fail to act upon the final plat within 30 days from the date of its official filing, or within a mutually agreed upon extension, the final plat shall be deemed to have been approved by said Committee. After approval of the final plat by the Committee and the fulfillment of the requirements of these regulations, one tracing of the final plat of the subdivision, drawn in ink on tracing cloth or other permanent base, shall be submitted to the City Council for approval. Commission action on the proposed subdivision is not required at the final plat stage.
(5) City Council action. The City Council will consider the final plat at its next regularly scheduled meeting after final action by the Committee. The City Council may approve or disapprove the final plat.
(6) Recording of plat. Upon approval by the City Council, the final plat shall be filed for recording in the Office of the Recorder of Deeds of Vermilion County, Illinois. The City Engineer shall also maintain a file of all approved plats and supporting materials.
(I) Procedures for approval of planned unit developments.
(1) Planned unit development procedures. Relative to this chapter, the following procedures shall apply:
(a) Once the Commission has approved the planned unit development under the provisions of the city Zoning Ordinance, the Committee can begin its review of the developer's plat.
(b) A meeting of the Committee shall be called with a minimum of one week notice.
(c) The Committee shall determine whether the proposed planned unit development complies with all applicable provisions of the subdivision chapter.
(d) The Committee shall generally adhere to the procedures described in § 161.03(G) for semi-final plat approval to review a planned unit development.
(e) After receiving the recommendation of the Committee, the Commission shall approve, reject or approve with conditions the application for the plat aspects of the planned unit development. This shall constitute semi-final plat approval under this chapter and a building permit may be issued for improvements at the developer's risk provided appropriate bonding has been provided and approved according to this chapter.
(f) The Commission shall have the authority to approve or reject variations from the standards of this chapter requested by the developer.
(g) The applicant shall then comply with applicable procedures (§ 161.03(H)) of this chapter to receive final plat approval.
(h) Once the Committee has approved the final plat for the planned unit development, the Commission and the City Council may proceed to approve the final plat and the other aspects of the planned unit development.
(Ord. 8290, passed 12-17-02)