A. Application Procedure And Requirements: Following the approval of the preliminary plat concept plan, the applicant, if he wishes to proceed with the subdivision, shall file with the building and zoning administrator an application for approval of a preliminary subdivision plat. The application shall:
1. Except as specifically provided otherwise below, every person who proposes to subdivide any land located within the subdivision jurisdiction of this municipality shall file sixteen (16) copies of the preliminary plat of said subdivision with the building and zoning department.
2. Whenever a tract is to be developed in stages and only a portion of that tract is to be submitted for final plat approval, nonetheless, a preliminary plat or plan of the entire tract shall be submitted. All preliminary plats shall be reviewed and acted upon in accordance with Illinois statutes.
3. Be made on forms available at the office of the building and zoning administrator, together with a fee as set by the board of trustees.
4. Include all land which the applicant proposes to subdivide and all land immediately adjacent, extending one hundred feet (100') from the subject property, or of that directly opposite the subject property, extending one hundred feet (100') from the street frontage of land opposite, with the names of owners as shown in the assessor's files. This information may be shown on a separate current tax map reproduction from the assessor's office showing the subdivision superimposed on the tax map.
5. Be presented to the building and zoning administrator at least four (4) weeks prior to a regular meeting of the building and development committee and the planning and zoning commission.
B. Information Required: Every preliminary plat shall be prepared by a land surveyor registered in Illinois at any scale necessary for clarity. The scale of a preliminary plat shall not be less than one inch equals fifty feet (1" = 50'). Said preliminary plat, together with the supporting data, shall provide all of the following information:
1. Names and addresses of the owner, subdivider (if not the owner), and registered land surveyor;
2. Proposed name of the subdivision;
3. Zoning district classification of the tract to be subdivided and all property within one hundred feet (100') of the tract to be subdivided;
4. North arrow, graphic scale, and date of map;
5. The gross and net acreage area of the proposed subdivision; the acreage of street rights of way; the acreage of any areas reserved for the common use of the property owners within the subdivision and/or for public use; and the gross acreage reserved for green space, the net acreage for active green space and net acreage for passive green space;
6. All lot lines adjacent to and abutting the subdivision;
7. Tract boundary lines showing dimensions, bearings, angles and reference to known land lines;
8. Topography of the tract to be subdivided as indicated by two foot (2') contour data for land having slopes of zero to four percent (4%), five foot (5') contour data for land having slopes between four (4) to twelve percent (12%) and ten foot (10') contour data for land having slopes of twelve percent (12%) or more;
9. Any proposed alteration, adjustment or change in the elevation, topography or existing vegetation of any area;
10. Locations of such features as bodies of water, ponding areas, natural drainageways, railroads, cemeteries, bridges, parks, schools, etc.;
11. Locations and rights of way widths of all existing and proposed streets and alleys;
12. Streets, and rights of ways on and adjoining the site of the proposed subdivision; names, street rights of way and paving widths; approximate gradients; types and widths of pavement, curbs, sidewalks, crosswalks, planning strips and other pertinent data, including classification of all existing or proposed streets as to function as defined by these regulations;
13. Locations, widths, and purposes of all existing and proposed easements;
14. Copy of all deed restrictions and covenants;
15. A copy of the results of any tests made to ascertain subsurface rock and soil conditions and the water table, and a report addressing soil types referencing the "Soil Survey Of Madison County" (prepared by soil conservation district);
16. Location and size of existing and proposed sanitary and storm sewers, water lines (with static pressure), fire hydrants (with flow test data), flood hazard areas, and general stormwater detention basins;
17. Locations, types, and approximate sizes of all other existing and proposed utilities;
18. Locations, dimensions, and areas of all parcels to be reserved or dedicated for schools, parks/playgrounds, common ground, and other public purposes;
19. Locations, dimensions, and area of all proposed or existing lots within the subdivision;
20. Building setback or front yard lines and dimensions;
21. Locations, dimensions, and areas of all parcels to be reserved or used for green space;
22. Signed statements from the Madison County "9-1-1" coordinator approving the street addresses; (Ord. 2012-11, 3-13-2012)
23. A written report by a licensed professional engineer discussing the infrastructure proposed and the manner in which site constraints are to be dealt with including flood hazard areas, requirements for IDNR/OWR floodway construction or dam safety permits, requirements for section 404 permit and archaeological sign off by the required public agencies;
24. Evidence that:
a. Cultural resources sign off has been requested from the state of Illinois department of historic sites;
b. Endangered species sign off has been requested from the department of natural resources;
25. Drainage map showing size and extent of existing watersheds and outlets; proposed subwatersheds and their outlets; contours, existing and proposed drainage structures drainage areas, existing and proposed land use, and detention storage basins, facilities, with indications of future responsibility for maintenance of the conveyance areas, detention basins and structures;
26. Opinion of probable costs of public improvements prepared by a licensed professional engineer;
27. Preparation date of the preliminary plat;
28. Revision dates;
29. Site location map;
30. Floodplain and floodway limits mapped based on current FEMA FIRM and floodway maps. Village may also reference preliminary FEMA FIRM/floodway maps and/or recent hydraulic studies; and
31. Lowest allowable entry elevation shall be designated on the final plat for each lot located partially or fully within a mapped floodplain (adopted or preliminary) or other known flooding or ponding area. (Ord. 2015-16, 4-14-2015)
C. Staff Review: The building and zoning administrator will forward a copy of the proposed preliminary plat to the village's consulting engineer for review and to appropriate village staff and officials. Comments from the village's consulting engineer will be submitted to the building and zoning administrator and included in a staff review report submitted to the planning and zoning commission.
D. Changes To Preliminary Plat; Planning And Zoning Commission Approval Or Disapproval; Appeals: After the planning and zoning commission has reviewed the preliminary plat, the report of the building and zoning administrator, any village recommendations and testimony and exhibits submitted at the public meeting, the applicant shall be advised of any required changes and/or additions. The planning and zoning commission shall approve, conditionally approve, or disapprove the preliminary plat within ninety (90) days from the official submission date. One copy of the proposed preliminary plat shall be returned to the developer with the date of approval, conditional approval, or disapproval and the reasons therefor accompanying the plat. If the planning and zoning commission disapproves the proposed subdivision, the applicant may execute an appeal to the board of trustees in the manner prescribed in subsection F of this section.
E. Standards For Approval:
1. No preliminary plat of a proposed subdivision shall be recommended for approval by the planning and zoning commission or approved by the board of trustees unless the applicant proves by clear and convincing evidence that:
a. The proposed preliminary plat meets all of the minimum requirements of the village zoning ordinance and this title, all other applicable village ordinances, and all applicable state and federal laws and statutes; (Ord. 2012-11, 3-13-2012)
b. Definite provision has been made for a water supply system that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed (see section 11-5-5, "Water Facilities", of this title);
c. Adequate provision has been made for a public sewage system (see section 11-5-6, "Sewerage Facilities", of this title);
d. All areas of the proposed subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the subdivider and that the proposed uses of these areas are compatible with such conditions;
e. The subdivider has the financial ability to complete the proposed subdivision in accordance with all applicable federal, state, and local laws and regulations;
f. The proposed subdivision will not result in the scattered subdivision of land that leaves undeveloped parcels of land lacking infrastructure between developed parcels;
g. The subdivider has taken every effort to mitigate the impact of the proposed subdivision on public health, safety, and welfare; and
h. Lowest allowable entry elevation shall be designated on the preliminary plat for each lot located partially or fully within a mapped floodplain (adopted or preliminary) or other known flooding or ponding area. (Ord. 2015-16, 4-14-2015)
2. The planning and zoning commission is authorized to disapprove the preliminary plat even though the land proposed for subdivision is zoned for the use to which the proposed subdivision will be put and the proposed use is consistent with the comprehensive plan if the commission makes a finding that one or more of the items enumerated in subsections E1a through E1h of this section have not been met.
F. Board Of Trustees Approval Or Disapproval; Appeals: Every preliminary plat must be approved by the board of trustees prior to submittal of a final plat. Any minor subdivision preliminary plat that is denied by the building and zoning administrator or any major subdivision preliminary plat that is denied by the planning and zoning commission may be appealed to the board of trustees. Within thirty (30) days of the meeting of the board of trustees at which the preliminary plat is first considered, the board shall approve the preliminary plat, approve the preliminary plat with conditions, or deny the preliminary plat. If the preliminary plat is denied, the board shall provide reasons for such denial.
G. Public Improvements: The applicant shall execute a subdivision improvement agreement and provide security for the agreement as provided in subsection 11-4-1B of this title prior to final plat approval. The board of trustees shall require the applicant to indicate on the plat all roads and public improvements to be dedicated, all water and utility improvements which shall be required to be established or extended, and any other special requirements deemed necessary by the board of trustees in order for the subdivision plat to conform to the village comprehensive plan and official map.
H. Effective Period Of Preliminary Plat Approval: The approval of a preliminary plat shall be effective for a period of two (2) years from the date that the preliminary plat is approved by the board of trustees at the end of which time the applicant must have submitted a final plat for approval. If a subdivision plat is not submitted for final approval within the two (2) year period, the preliminary approval shall be null and void, and the applicant shall be required to submit a new preliminary plat for review subject to the then existing zoning restrictions and subdivision regulations.
I. Conformance To Zoning And Subdivision Regulations: Every preliminary plat shall conform to existing zoning regulations and subdivision regulations applicable at the time that the proposed preliminary plat is submitted for review by the planning and zoning commission, unless the planning and zoning commission or board of trustees has taken official action toward amending the applicable zoning and subdivision regulations at which time such amendment shall prevail.
J. Amendments To Preliminary Plat: At any time after preliminary plat approval and before submission of a final plat, the applicant may request of the building and zoning administrator that an amendment be made in the approval or conditional approval of the preliminary plat. Under regulations established by the board of trustees, the Building and Zoning Administrator may agree to proposed amendments that are deemed to be minor. If the proposed amendment is major, the Planning and Zoning Commission and Board of Trustees shall consider the proposed major amendment in accordance with the same requirements for preliminary plat approval found in subsections A through I of this section. Any public meeting on a proposed major amendment shall be limited to whether the proposed major amendment should or should not be approved. The Board of Trustees shall approve or disapprove any proposed major amendment and may make any modifications in the terms and conditions of preliminary plat approval reasonably related to the proposed amendment. If the applicant is unwilling to accept the proposed major amendment under the terms and conditions required by the Board of Trustees, the applicant may withdraw the proposed major amendment. A major amendment shall include, but is not limited to, any amendment that results in or has the effect of decreasing open space in the subdivision by ten percent (10%) or more, or increasing the number of lots in the subdivision. The Board of Trustees shall render a decision on the proposed major amendment within thirty (30) days after the meeting at which the request was heard by the Board, including any adjourned session, unless such issue is continued by mutual agreement of the applicant and Board. (Ord. 2012-11, 3-13-2012)