(A) Receipt by the subdivider of the copy of the preliminary plat together with the approval of the City Council and, when required, the County Board of DeWitt, shall constitute authority for the subdivider to proceed with the final plat, plans and specifications for the installation of the required improvements.
(B) Application for final approval of a plat shall be made not later than one year after preliminary approval has been granted.
(C) The final plat must have thereon the name of the subdivision. Before any subdivision is approved it must have a name.
(D) The application must be supported by such drawings and specifications as may be necessary to demonstrate compliance with all applicable requirements of § 11-12-8 of the Illinois Municipal Code, of “An Act to Revise the Law in Relation to Plats,” approved March 21, 1874, as amended (ILCS Ch. 765), of § 13 of “An Act to Revise the Law in Relation to Recorders,” approved March 9, 1874, as amended (Ill. Rev. Stat. Ch.115, § 13), of this chapter, of the zoning ordinance of DeWitt County and of other ordinances of this city.
(E) The final plat shall be drawn at 100 feet equals one inch or larger and shall include or indicate the following:
(1) Primary control points (section lines and corners or center) approved by the City Engineer or descriptions and “ties” to those control points, to which all dimensions, angles, bearings and similar data on the plat shall be referred.
(2) Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of residential lots and other sites, with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves. Reference to at least one previously established section corner shall be given.
(3) Name and right-of-way of each street or other right-of-way.
(4) Location, dimensions and purpose of any easement.
(5) Number to identify each lot or site.
(6) Purpose for which sites, other than residential lots, are dedicated.
(7) Minimum building setback line on all lots and other sites.
(8) Location and description of monuments.
(9) Reference to recorded subdivision plats of adjoining platted land by record name, Plat Book and page number in the DeWitt County Recorder's office.
(10) Title, scale, north arrow and date.
(F) The following items shall accompany the final plat for city approval:
(1) Cross-sections and plans and profiles of streets showing grades approved by the City Engineer.
(2) Plan and profile and elevation sheets of utilities.
(3) Contour map (if required).
(4) Drainage map (if required).
(5) Restrictive covenants (if any) in form for recording, but not in plat.
(G) The original reproducible drawing shall be certified substantially as follows. Where the owner is an individual, the declaration and dedication shall be signed by the spouse of the owner; but, if the owner is a single person never having been married or a person whose marriage has been dissolved and has not since remarried, then the marital status of the owner shall be shown.
(1) The declaration and dedication form hereinafter set forth has been drawn as if the owner or owners is or are individuals, and this may be modified where the owner is a corporation, partnership or other legal entity and should be modified as to form to fit the situation.
STATE OF ILLINOIS }
SS.
COUNTY OF DEWITT }
DECLARATION AND DEDICATION OF
SUBDIVISION TO THE CITY OF FARMER CITY DEWITT COUNTY
The undersigned, , husband and wife respectively, each on his or her own right and as spouse of the other (a single person never having been married) (a person whose marriage has been dis-solved and who has not since remarried), hereby certify that they are the owners of the land shown on the accompanying plat and that they have caused the survey and subdivision thereof to be made as shown on the accompanying plat, with such subdivision to be known as , in the City of Farmer City, DeWitt County, Illinois. The undersigned do hereby dedicate the streets and utility easements shown on said Plat to the public use forever.
Easements as shown by dashed lines and marked utility easements on said Plat are hereby reserved for the use of all public utility companies, the City of Farmer City, and any cable television company duly franchised to install, lay, construct, operate,
maintain, repair, renew and/or remove underground water mains, sewer pipes, gas pipe lines, electric and telephone and television cables and conduits with all necessary above-ground transformer and service pedestal installations, along with all accessories connected with any of the foregoing, and with the further right to install and maintain overhead electric and telephone and television pole and wireline installations with all necessary braces, guy wires, anchors and other appliances, for the purpose of serving the subdivision and adjoining properties with water, sewer, gas, electric, telephone, and cable television service, including the right to use the streets when necessary and to overhang or bury across all lots service wires, pipelines and/or cables to serve adjacent lots, together with the right to enter upon the lots at all times to install, operate, and maintain said utility facilities and to trim or remove any trees, shrubs, or saplings that interfere or threaten to interfere with said utility facilities.
No permanent buildings or trees shall be placed on said easements, but same may be used for gardens, shrubs, landscaping and other purposes that do not interfere with the use of said easements for the aforesaid utility purposes.
In connection with any dedication of streets or grant of easements herein contained, the undersigned hereby release and waive all rights under and by virtue of the homestead exemption laws of this state.
Dated at , Illinois, this day of , .
(2) Certificate of Notary where owners individuals:
STATE OF ILLINOIS }
SS.
COUNTY OF DEWITT }
I, the undersigned, a Notary Public in and for the State and County aforesaid, do hereby certify that , husband and wife, respectively, each in his or her own right and as spouse of the other, (a single person never having been married) (a person whose marriage has been dissolved and has not since been married), 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 acknowledged that they signed, sealed and delivered the foregoing instrument as their free and voluntary act, for the uses and purposes therein set forth, including, as to any dedication or grant of easements therein contained, release and waiver of any rights under the homestead exemption laws of this state.
WITNESS my hand and notarial seal this day of , .
Notary Public
My commission expires:
Certificate of Notary where owner a corporation:
I, , a registered land surveyor, do hereby certify that, at the direction of (owner), I have surveyed and subdivided a tract of land into lots, streets and utility easements as shown hereon; said tract of land being (acres), more or less, in the of Section of Township , County, Illinois.
I further certify this to be a true and correct plat of said survey and subdivision. Corners are monumented as shown hereon; distances are given in feet and decimals thereof. Such plat is drawn to a scale of one inch equal to feet.
I further certify to the best of my knowledge and belief the drainage of surface waters will not be changed by the construc-tion of such subdivision of any part thereof
(or in the alternative, if such surface water drainage will be changed: That, as to any change in any drainage of surface waters, reasonable provision has been made for collection and diversion of such surface waters in public areas, or drains which the subdivider has a right to use, and that such surface waters will be planned for in accordance with generally accepted engi- neering practices so as to reduce the likelihood of damage to the adjoining property because of the construction of the subdivision). I further certify that no part of this property shown on this plat is situated within five hundred feet (500) of any surface drain or watercourse serving a tributary area of 640 acres or more. (In lieu of this latter sentence, certification can be made showing approval by the Illinois Department of Transportation and compliance with Ill. Rev. Stat. Ch. 115, § 13.)
I further certify that the said land is within the corporate limits of the City of Farmer City, Illinois.
(Alternative to above paragraph if comprehensive plan has been adopted by the City of Farmer City covering territory outside of corporate limits of City and land involved is within such territory: I further certify that said land is within 1½ miles of the corporate limits of the City of Farmer City, Illinois, which has adopted a comprehensive plan and is exercising special powers authorized by Division 12 of Article 11 of the Illinois Municipal Code, is within territory covered by such comprehensive plan, and is not within the corporate limits of any other city.)
Dated at , Illinois, this day of , .
Ill. Reg, Land Surveyor #
(3) There shall also appear thereon an additional certificate in substantially the following form:
STATE OF ILLINOIS }
SS.
COUNTY OF DEWITT }
I, , County Clerk of the County aforesaid do hereby certify, that I have this day examined the Tax Records of the property shown on the attached plat and find no delinquent general taxes, unpaid current general taxes, or delinquent assessments against the tract of land described in said plat.
Given under my hand and the seal of said County this day of , .
County Clerk
Deputy County Clerk
(4) There shall also be placed thereon an additional certificate in substantially the following form for signature by the City Clerk to which is to be affixed by said City Clerk the City Seal. However this shall not be signed by such City Clerk and the City Seal shall not be thereto affixed until the performance bond hereinafter mentioned is furnished and accepted or the escrow agreement hereinafter mentioned is entered into, after approval of such final plat at a meeting of the City Council.
STATE OF ILLINOIS }
SS.
COUNTY OF DEWITT }
I, , City Clerk of the City of Farmer City, Dewitt County, Illinois, do hereby certify that this plat was duly approved and accepted by the Mayor and City Council at a meeting held on the day of , .
(H) The topographical and profile studies, which shall be submitted with the plat, shall have in the face of these studies the signed statement of a registered professional engineer, and the owner of the land of his duly authorized attorney, to the effect that to the best of their knowledge and belief the drainage of surface waters will not be changed by the construction of such subdivision or any part thereof, or, that if the surface water drainage will be changed, reasonable provision has been made for collection and diversion of those surface waters into public areas, or drains which the subdivider has a right to use, and that the surface waters will be planned for in accordance with generally accepted engineering practices so as to reduce the likelihood of damage to the adjoining property because of the construction of the subdivision. The City Council shall not approve any subdivision plat if these statements have not been made on the face of such topographical and profile studies. Such topographical and profile studies required herein shall not be recorded, but shall be retained and filed by the City Clerk as permanent documents of this city.
(I) Application for final approval of a plat of a subdivision shall be made by filing with the City Clerk six copies and one reproducible of such plat and six copies of such application and required supporting documents. The City Clerk shall immediately transmit copies to each of the following: The City Administrator, the City Engineer and the City Council. The City Engineer shall submit his recommendations in writing in reference thereto to the City Council through the City Clerk. The applicant shall also submit at the time of submission of application for final approval an estimate of the cost of construction of necessary improvements to conform to the requirements established, including reasonable inspection fees to be borne by the applicant, and this estimate shall be transmitted by Clerk to the City Engineer. The City Engineer shall review such estimate and make such modifications and recommendations with reference thereto as are appropriate and then transmit such estimate as so modified by the City Engineer to the City Administrator, so that the City Council may establish the amount of the performance bond to be required or, in the alternative, the amount deposited in escrow in lieu of such bond. The City Administrator shall immediately notify the Mayor of the filing of such application, plat and supporting documents, and the Mayor shall then take all necessary steps, the same to be considered by the City Council.
(J) The applicant may elect to have final approval of a geographical part or parts of the plat that received preliminary approval, and may delay application for approval for other parts until a later date or dates beyond one year with the approval of the Mayor and City Council: provided, all facilities required to serve the part or parts for which final approval is sought have been provided. In such case only that part or parts of the plat as have received final approval shall be recorded.
(K) When a person submitting a plat of subdivision or resubdivision for final approval has supplied all drawings, maps and other documents required by this chapter or other ordinances of the city and by statute, and if all those material meets the requirements of this chapter or other ordinances and of statute, the Mayor and the City Council shall approve the proposed plat within 60 days from the date of filing the last required document or papers, or within 60 days from the date of filing application for final approval of the plat, whichever date is later. The date of filing shall be the date of filing with the City Clerk.
(L) If the final plat is approved, the City Clerk shall attach a certified copy of the order or resolution of approval to a copy of the plat. If the proposed plat is disapproved, the order or resolution shall state the reasons for the disapproval, specifying with particularity the aspects in which the proposed plat fails to conform to the applicable provisions of this code and any other ordinances of the city, statutes or the official map. A copy of the order or resolution shall be filed in the office with the City Clerk.
(M) At the time the performance bond hereinafter mentioned is furnished and accepted, or the escrow agreement hereinafter mentioned is entered into, after approval of such final plat at a meeting of the City Council, the City Clerk shall sign the certification plat in form heretofore specified and place thereon the City Seal.
STATE OF ILLINOIS }
SS.
COUNTY OF DEWITT }
I, , City of Farmer City,DeWitt County, Illinois, do hereby certify that this plat was duly approved and accepted by the Mayor and City Council at a meeting held on the day of , .
City Clerk
(N) After final approval of the plat of subdivision by the Mayor and City Council and notification of the applicant of such approval, the applicant shall post a good and sufficient bond, with surety to be approved by the Mayor and City Council, with the City Clerk, in an amount at least equal to 120% of the cost of construction of the improvements, including reasonable inspection fees, as estimated by the City Engineer. Such bond shall insure or be conditioned upon completion of construction of required improvements within such reasonable time as shall be established by the Mayor and City Council and upon payment of inspection fees and other fees due the city by the subdivider, and upon the subdivider making good on a guarantee of the required improvements contained in said plat and any order or resolution of approval of the Mayor and City Council for a period of one year following written acceptance by the City Engineer. Such bond shall contain the terms, provisions and conditions set forth in the form of bond hereinafter set forth. Such a bond will not be required for a subdivision or a part of a subdivision located outside the corporate limits of this city if a similar performance bond and guarantee has been provided to the county. Such bond shall be substantially in the following form:
PERFORMANCE BOND WITH DEWITT COUNTY
We, , as principal, and , as surety are bound to the City of Farmer City, Illinois a municipal corporation, in the penal sum of dollars ($ ) lawful money of the United States, for the payment of which we, and each of us, jointly and severally, bind ourselves and our heirs, executors and administrators.
WHEREAS:
(1) The above named principal has heretofore submitted to the Mayor and City Council of the City of Farmer City a plat of subdivision which was approved by order or resolution of said Mayor and City Council under date of the day of , .
(2) Said plat and said order or resolu-tion contain certain specifications and requirements, designated herein as required improvements;
(3) Said principal does guarantee such required improvements against faulty materials and workmanship for a period of one year following written acceptance by the City Engineer.
(4) There will be certain necessary inspection fees incurred by the City of Farmer City in connection with the same which are to be reimbursed to said City by said principal, and, there may be other fees due said city under the Plan and Subdivision Ordinance, the Zoning Ordinance of Dewitt County, and other ordinances of said city;
NOW, THEREFORE, the condition of this obligation is such that if the said principal carries out and performs all specifications and requirements, that is, required improve-ments, contained in the said plat of subdivision and said order or resolution of approval no later than the day of , , or such extension of such time as may be granted by the Mayor and City Council, and further makes good on the guarantee of such required improvements against faulty materials and workmanship for a period of one year following written acceptance by the City Engineer, and further reimburses the said City of Farmer City for all reasonable inspection fees incurred to insure compliance with such requirements established within thirty (30) days after such inspection fees have been incurred and bill has been submitted to the principal for the same, and further pays all other fees due said City of Farmer City under the Sub-division Ordinance, the Zoning Ordinance of DeWitt County, and other ordinances of said city, then this obligation is void; otherwise it remains in full force.
If the City of Farmer City, for good and sufficient cause, brings legal action to forfeit this bond, or to recover thereunder, or to otherwise enforce the agreements contained in this instrument, then said City shall further be entitled to recover from the principal and any surety hereon, jointly of severally, its attorney's fees, court costs, and expenses of litigation reasonably incurred in connection with such action or proceeding. If for any reason such attorney's fees, court costs, and expenses of litigation are not included in the court's judgment in such action or proceed-ings to be recovered by such City, then said City shall have the right to recover the same by separate action.
Upon the expiration of one year from the completion of the required improvements shown on said plat and on the order or resolution of the Mayor and City Council of said City of Farmer City, and the acceptance of the same by the City Engineer of said City, and if all inspection fees and other fees due the City of Farmer City have been paid, and if the principal on said bond has made good the guarantee of the required improvements, upon the application of the principal or any surety or of any person properly acting on behalf of either of them, then the foregoing bond shall be released by said City of Farmer City.
Witness our hands and seals this day of , .
(SEAL)
Principal
Street Address
City, State and Zip Code
Telephone Number (Area Code)
(SEAL)
Surety
Street Address
City, State and Zip Code
Telephone Number (Area Code)
State of Illinois }
ss.
County of }
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 same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered said instrument as their free and voluntary act, for the uses and purposes therein set forth.
Given under my hand and notarial seal
this day of , .
Notary Public
(O) In lieu of the aforesaid bond, the owner or subdivider may provide an escrow account to be held by local bank or local savings and loan association under an escrow agreement. This account shall be equal to the estimate of the cost of the required improvements, including inspection fees, as those required improvements are shown on the plat of subdivision and order or resolution of the Mayor and City Council approving that plat, plus an additional twenty percent (20%) thereof. The escrow agreement shall contain the terms, conditions and provisions hereinafter set forth in the form of the escrow agreement. The escrow agreement shall be in substantially the following form:
ESCROW AGREEMENT
This agreement is entered into between , hereinafter designated as “Subdivider”, the City of Farmer City, a municipal corporation, hereinafter designated as “City”, and (bank or S & L), hereinafter designated as “escrow agent.”
1. Subdivider hereby deposits, or agrees to immediately deposit, with escrow agent the sum of Dollars ($ ) lawful money of the United States.
2. Escrow agent shall not release any sums of money on deposit with escrow agent to subdivider except upon receipt by escrow agent of a copy of an order or resolution of the Mayor and City Council authorizing such release in the amount stated in such order or resolution, with such copy to be certified by the City Clerk.
3. Subdivider shall:
(a) Carry out, make and perform all specifications and requirements, that is, required improvements, contained in a certain plat of subdivision, known as the subdivision, and in the order or resolution of the Mayor and City Council under date of the day of , , no later than the day of , , or such extension of such time may be granted by the Mayor and City Council of said City.
(b) Guarantee, and does hereby guarantee, such required improvements against faulty materials and workmanship for a period of one year following written acceptance by the City Engineer of City.
(c) Make good on the foregoing guarantee.
(d) Reimburse City for all reasonable inspection fees incurred to insure compliance with the aforesaid requirements established, within thirty (30) days after such inspection fees have been incurred and bill has been submitted to subdivider for same.
(e) Pay all other fees due city under the Subdivision Ordinance of City of Farmer City under any Zoning Ordinance of City, and under any other Ordinance of said City.
4. As subdivider completes each 20% of the required improvements, according to estimated cost, upon acceptance of such portion by the City Engineer of City, the Mayor and City Council, by order or resolution, shall authorize escrow agent to release to subdivider an amount equal to one-sixth (1/6th) of the principal amount initially on deposit with escrow agent. Upon receipt of a certified copy of such order or resolution as aforesaid, escrow agent shall release and pay over to subdivider such amount specified in such order or resolution.
5. Upon the expiration of one year from the completion of the required improvements shown on said plat and on the order or resolution of the Mayor and City Council approving such plat and the acceptance of the same by the City Engineer of the City, and if all inspection fees and other fees due the City have been paid, and if the subdivider has made good the guarantee of the required improvements, upon application of the subdivider or any person properly acting for subdivider, then the Mayor and City Council by order or resolution shall authorize the release of the remaining principal and interest on deposit with escrow agent.
6. Should subdivider fail to perform any of the agreements on such subdivider's part to be performed as herein specified, then upon application of the City made by its Mayor and City Council, or anyone on their behalf, then escrow agent shall pay over to City any remaining balance of principal and interest on deposit with escrow agent. The certificate of either the City Engineer or City Treasurer of City that subdivider has failed to perform the agreements on his part to be performed as specified herein shall be sufficient proof and sufficient authority to warrant and authorize escrow agent to pay over to City such remaining balance of principal of interest on deposit with escrow agent, and no other proof shall be required.
7. Should such amount as aforesaid be paid over to City as a result of failure of subdivider to perform as aforesaid, then City shall apply such amount received first to any fees due or to become due City and shall apply the remainder toward completing the required improvements. Should such amount be insufficient for the foregoing, then City shall be entitled to recover from subdivider any amounts expended or estimated to be needed to expend for such purposes along with all of City's expenses, including, but without being limited to, engineer's fees, attorney's fees, court costs, and expenses of litigation incurred or to be incurred. The City shall be entitled to, and shall have, a lien upon the land and improvements of said subdivision for all of the foregoing, and for its reasonable attorney's fees, court costs, and expenses of litigation connected with any foreclosure of such lien, and such lien may be foreclosed in the same way that mort-gages are foreclosed and deficiency judg-ment entered against subdivider for any deficiency balance should said land and improvements prove insufficient to pay all of the foregoing amounts. However, such foreclosure of lien proceedings shall not be exclusive remedy of City, and city may recover from subdivider, or may enforce performance, by any other action available, either in law or equity, and in any such action brought with good and sufficient cause, City shall be entitled to recover from subdivider its attorney's fees, court costs and expenses of litigation connected with such action, or shall be entitled to recover the same by separate action.
8. This agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the respective parties.
Witness our hands and seals, this day of , .
Subdivider
Street Address
Municipality, State and Zip
Telephone Number (Area Code)
City of Farmer City, Illinois, a municipal corporation,
By:
ATTEST:
City Clerk
(BANK)
By:
Its
(corporate seal)
ATTEST:
Its
(P) Any bond or escrow agreement provided for in this chapter shall be caused to be prepared by the subdivider and at subdivider's expense, shall then be submitted to the City Attorney for approval, and shall then be submitted to the Mayor and City Council for approval.
(Ord. 567, passed 10-15-90)