A. These regulations shall apply to all subdivision of land, as defined in chapter 2 of this title, and all planned development procedures (PDPs) and shall apply to lands located within the corporate limits of the village and to areas within one and one- half (1.5) miles of the corporate limits of the village. (See Illinois Compiled Statutes for state requirements concerning jurisdictional lines.) Except, however, that the following subdivisions are exempt from the provisions of this title:
1. The division or subdivision of land into parcels or tracts of five (5) acres or more in size which does not involve any new streets or easements of access.
2. 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.
3. The sale or exchange of parcels of land between owners of adjoining and contiguous land.
4. The conveyance of parcels of land or interests therein for use as a right of way for railroads or other public utility facilities and other pipelines which does not involve any new streets or easements of access.
5. The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access.
6. The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use.
7. Conveyances made to correct descriptions in prior conveyances.
8. The sale or exchange of parcels or tracts of land following the division into no more than two (2) parts of a particular parcel or tract of land existing on July 17, 1959, and not involving any new streets or easements of access.
B. No land may be subdivided through the use of any legal description other than with reference to a plat approved by the board of trustees in accordance with these regulations except as provided by subsection A of this section.
C. The board of trustees shall also have the authority to review and approve, conditionally approve, or disapprove the sale, lease, transfer, or development of lands subdivided prior to or following the effective date of these regulations as follows:
1. The plat of the subdivided land was recorded without the prior approval of the board of trustees, whether or not prior approval was required at the time the land was subdivided, and the plat contains contiguous lots in common ownership where one or more of the contiguous lots are undeveloped, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider.
2. The plat of the subdivided land has been of record for more than five (5) years, was not approved after the effective date of these regulations and contains contiguous lots in common ownership where one or more of the contiguous lots are undeveloped, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider.
3. The plat of the subdivided land has been of record for more than five (5) years, was approved after the effective date of these regulations and contains contiguous lots in common ownership where one or more of the contiguous lots is undeveloped and one or more is nonconforming under the zoning ordinance, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider.
4. The original subdivider or his successor failed to complete subdivision improvement requirements pursuant to a subdivision improvement agreement entered into when the plat for the subdivided land was approved and the plat contains contiguous lots in common ownership where one or more of the contiguous lots is undeveloped, whether the lots are owned by the original subdivider or an immediate or remote grantee from the original subdivider; except, that this subsection C4 shall not apply if the village has obtained possession of sufficient funds from security provided by the subdivider with which to complete construction of improvements in the subdivision.
5. Whenever the jurisdiction of the board of trustees extends to one of the situations described in subsections C1 through C4 of this section, only the sale, lease, transfer, or development of an undeveloped lot or lots contiguous to a lot or lots in common ownership shall be subject to these regulations.
D. No land described in this section shall be subdivided or sold, leased, transferred or developed until each of the following conditions has occurred in accordance with these regulations:
1. The subdivider or his agent has submitted a preliminary plat to the planning and zoning commission, received a recommendation on such plat, and the preliminary plat has been approved by the board of trustees; and
2. The subdivider or his agent has obtained a recommendation on the final plat from the planning and zoning commission and final plat approval from the board of trustees; and
3. The subdivider or his agent has filed the approved plats with the county recorder of deeds.
E. No excavation of land or construction of any public or private improvements shall take place or be commenced and no building permit or certificate of occupancy shall be issued for any parcel or plat of land created by subdivision after the effective date of these subdivision regulations except in conformity with these regulations. (Ord. 2012-11, 3-13-2012)