TITLE 13
SUBDIVISION REGULATIONS
CHAPTER 1
GENERAL SUBDIVISION PROVISIONS
SECTION:
13-1-1: Definitions
13-1-2: Subdivision Required
13-1-3: Fees
13-1-4: Penalties
13-1-1: DEFINITIONS:
For the purposes of this title the definitions contained herein shall be observed and applied, except when the context clearly indicates otherwise. 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. The word "shall" is mandatory and not discretionary; the word "may" is permissive.
ALLEY: A public right of way which affords a secondary means of vehicular access to the rear or side of property abutting on a street.
APPLICANT: The owner of land proposed to be subdivided or his representative.
ARTERIAL STREET: A street used or intended to be used for heavy traffic, of considerable continuity and used primarily as a traffic artery between areas of the city for through movements of vehicles.
BLOCK: A group of lots existing within well defined boundaries, usually being an area surrounded by streets or other physical barriers, and having an assigned number or letter through which it may be identified.
BOND: Any form of security including a cash deposit, surety bond, collateral, property, or instrument of credit in a form satisfactory to the city attorney.
BUILDING: Any structure built for the support, shelter, or enclosure of persons, animals, chattels or movable property of any kind and includes any structure.
BUILDING SETBACK LINE: A line nearest the front of and across a lot or parcel establishing the minimum open space to be provided between the front line of a building or structure and the line of the fronting street right of way.
COLLECTOR STREET: A street designed for carrying traffic from minor streets to the major system of arterial streets.
CROSSWALK: A strip of land dedicated for public usage, reserved across a block for the purpose of providing pedestrian access to adjacent areas.
CUL-DE-SAC: A street having one open end and being permanently terminated by vehicle turnaround at the other end.
DIRECTOR OF COMMUNITY DEVELOPMENT: The administrative official responsible for administering and enforcing the city's subdivision regulations.
EASEMENT: A grant by a property owner of the use of land for a specific purpose.
EXTRATERRITORIAL PLAT APPROVAL JURISDICTION: The unincorporated area within one and one-half (11/2) miles of the corporate limits of the city and not included in any other municipality or as otherwise set forth in the applicable state statutes.
FINAL PLAT: The map or plat of record of a subdivision and any accompanying material, as described in these regulations.
FLOODPLAIN: Those areas so designated, described and/or mapped according to title 14, chapter 1 of this code.
FRONTAGE: The side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.
FRONTAGE STREET: A minor street auxiliary to and located on the side of an arterial street for control of access and for service to the abutting development.
GRADE: The slope of any portion of the earth's surface or any improvements placed thereon, specified in percent.
IMPROVEMENTS, PUBLIC: Any facility for which the city or other governmental body may ultimately assume the responsibility for maintenance and operation or which is constructed for general public use or benefit.
LOT: The basic unit of a subdivision or other parcel of land intended to be the unit by which such land would be individually developed and transferred.
LOT, CORNER: A lot situated at the intersection of two (2) streets, the interior angle of such intersection not exceeding one hundred thirty five degrees (135°).
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT, DOUBLE FRONTAGE: A lot having a pair of opposite lot lines along two (2) or more or less parallel public or private streets, and which is not a corner lot. On a through lot, both street lines shall be deemed front lot lines.
LOT OF RECORD: An area of land designated as a lot on a plat of subdivision recorded or registered, pursuant to statute, with the recorder of deeds or the registrar of titles of Cook County.
LOT, REVERSED CORNER: A corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT WIDTH: The mean horizontal distance between the side lot lines of a lot measured within the lot boundaries.
NONRESIDENTIAL SUBDIVISION: A subdivision whose intended use is other than residential, such as commercial or industrial.
OFF SITE: Any premises not located within the area of the property to be subdivided, whether or not in the same ownership of the applicant for subdivision approval.
OWNER: Any person, group of persons, firm or firms, corporation or corporations, trust, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations.
PRELIMINARY PLAT: The preliminary drawing or drawings described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted to the planning and zoning board for approval.
REGISTERED ENGINEER: An engineer properly licensed and registered in the state of Illinois.
REGISTERED LAND SURVEYOR: A land surveyor properly licensed and registered in the state of Illinois.
RESUBDIVISION: A change in a map or an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use, or any lot line; or if it affects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions.
RIGHT OF WAY: A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for another special use. The usage of the term "right of way" for land platting purposes shall mean that every right of way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right of way and not included within the dimensions or areas of such lots or parcels. Rights of way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, shade trees, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right of way is established.
ROAD RIGHT OF WAY: The distance between property lines measured at right angles to the centerline of the street.
SALE OR LEASE: Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, intestate succession, or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map, lease, devise, intestate succession or other written instrument.
SKETCH PLAT: A sketch preparatory to the preparation of the preliminary plat to enable the subdivider to save time and expense in reaching general agreement with the planning and zoning board as to the form of the plat and the objectives of these regulations.
SUBDIVISION: Any change, resubdivision or rearrangement in the boundary or division lines of a parcel of property or public thoroughfare. Subdivision includes the division or development of residential and nonresidential zoned land, whether by deed, metes and bounds description, devise, intestacy, lease, map, plat or other recorded instrument.
SUBDIVISION PLAT: The final map or drawing, described in these regulations, on which the subdivider's plan of subdivision is presented to the planning and zoning board and the city council for approval and which, if approved, may be submitted to the county clerk or recorder of deeds for filing. (Ord. M-21-78, 7-3-1978; amd. Ord. M-23-91, 6-17-1991; Ord. Z-29-15, 10-5-2015)
13-1-2: SUBDIVISION REQUIRED:
The sale of a zoning lot, as defined by section 12-13-3 of the zoning code, which is in a nonresidentially zoned area, and which is not a "lot of record", as defined by section 12-13-3 of the zoning code, is prohibited.
Any such zoning lot must be subdivided pursuant to this title to create appropriate lots of record before the sale can be completed. (Ord. M-20-95, 4-17-1995)
13-1-3: FEES:
Any person who files a request for subdivision with the city, as set forth in this title, shall pay a subdivision filing fee to the city at the time of filing, as indicated below:
   A.   Filing fee for each subdivision which shall be paid at the time of filing with city council:
 
1 acre or less
$250.00 plus $3.00 per lot
More than 1 acre but less than 5
$300.00 plus $3.00 per lot
More than 5 acres but less than 10
$350.00 plus $3.00 per lot
More than 10 acres but less than 20
$500.00 plus $3.00 per lot
More than 20 acres
$650.00 plus $3.00 per lot
 
(Ord. M-64-01, 11-5-2001)
   B.   Additional fees which shall be paid upon final approval by the city council:
      1.   Engineering subdivision reviewing fee: Two percent (2%) of estimated value of improvements.
      2.   Engineering inspection fee: Three percent (3%) of estimated value of improvements.
      3.   Acreage fee for each subdivision:
         $55.00 per acre for water
         110.00 per acre for sewer
      4.   Prior to the recording of the final plat, the subdivider shall file a performance and completion bond (subdivisions improvement bond) in the amount of one hundred twenty five percent (125%) of the city engineer's estimate of the improvements cost. (Ord. M-12-94, 2-7-1994)
13-1-4: PENALTIES:
Whoever shall sell or offer for sale or lease any lot or block subject to these regulations or any additions thereto, or any resubdivision of any lot or block therein before all requirements of this title have been complied with or any person who violates, disobeys or omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this title shall be fined as provided in the general penalty in section 1-4- 1 of this code for each offense. Each day that a violation is permitted to exist after notification thereof shall constitute a separate offense. (Ord. M-29-82, 4-5-1982; amd. 2002 Code)