The final plat is a record of the subdivision as surveyed in the field. It shows property lines and other dimensions important to the subdivider in selling lots, and to the public in keeping records of street lines, easements, and utility locations. Recording of the final plat authorizes the issuance of building permits, but does not constitute acceptance of proffered or required dedications.
A. Procedures: After the Plan Commission and the Village Board have approved the preliminary plat, the subdivider shall prepare and submit to said Plan Commission a final plat of subdivision in recordable time together with the following supporting documents:
1. Complete plans and specifications, approved by the Engineer of the Village, providing for the improvements to be made in the subdivision, including sanitary sewers, storm water sewers, drains, water distribution system, pavements, and all other improvements proposed or required.
2. A property executed subdivision agreement, wherein the subdivision and/or owner agrees (subject to approval of the final plat of subdivision by the Village Board) to install at his expense the improvements, proposed and required in accordance with the plans and specification, required in subsection A1 above, within the time limit set forth in said agreement.
3. A properly completed and executed letter of credit or other comparable financial guarantee as may be approved by the Village Attorney with an expiration date of not less than ninety (90) days after all improvements are to be completed in accordance required in subsection A2 above, unless otherwise approved by the Village Board. Said letter of credit or other comparable financial guarantee shall be provided in an amount as required by the Village Engineer, but in no case shall it be less than one hundred fifty percent (150%) of the Engineer's estimate of the cost of the improvement, as set forth in the plans and specifications required in subsection A1 above, plus the cost of engineering inspections, as set forth in the schedule of fees, as provided in Section 9-2-4 of this Chapter. Such letter of credit or other financial guarantee shall always be maintained in an amount not less than one hundred fifty percent (150%) of the estimate aforesaid of any balance due for improvements.
4. Evidence satisfactory to the Plan Commission, showing that all taxes and past due installments on special assessments due on the property to be subdivided have been paid.
5. Evidence satisfactory to the Plan Commission, showing that all other conditions and requirements of tentative approval have been met.
B. Staff Review: The documents required to be approved by the Village Engineer and Village Attorney shall be submitted to them within ten (10) days after the filed documents have been reviewed by the Plan Commission and found to be complete. These officers shall submit their required reports to the Plan Commission within forty five (45) days after receiving the documents to be approved.
1. Village Attorney: When the final plat is submitted, the subdivider shall submit therewith a proposed form of guarantee of performance as required by Section 9-4-4 of this Title. The Village Attorney shall examine and approve the final plat and form of guarantee of performance as to conformance to Village requirements before the final plat is submitted to the Plan Commission for review.
2. Village Engineer The Village Engineer shall examine the final plat and determine if the plat meets the Village's engineering requirements. Upon such determination, the Village Engineer shall sign the plat and submit it to the Plan Commission. (Ord. 90-03, 7-25-90)
C. Plan Commission and Village Board Review: The Plan Commission shall review the final plat to determine if it conforms with the approved preliminary plat. Upon approval or disapproval of the final plat, the Plan Commission shall submit its recommendation giving written reasons therefor, to the Village Board within ninety (90) days. The Village Board shall review and accept or reject the recommendation of the Plan Commission giving written reasons therefor. The Village Board shall conduct a hearing on the question of accepting or rejecting the recommendation of the Plan Commission at its next regular meeting held more than ten (10) days after receiving the report. Within three (3) business days after the final plat with the Plan Commission recommendation has been submitted to the Village Board for approval, the Village Clerk shall notify by certified mail as required by statute, the president of the school board of each elementary and high school district in which a part of the subdivision is located that the plat has been submitted for approval and the date, time and place of the hearing by the Village Board on approval or disapproval of the plat.
D. Conditioned Approval: In the event that the Village Board finds that the final plat is satisfactory in form and substance, but is lacking certain specific items, including but not limited to payment of various fees; final performance guarantees; approval documents of other agencies of government; and other documents or items the Village may require, the subdivision may be approved conditioned upon the applicant submitting the missing items and receiving the approval of such items by the Village officer designated by the Village Board in such conditional approval.
E. Final Plat: The final plat is a record of the subdivision as surveyed in the field. It shows property lines and other dimensions important to the subdivider in selling lots, and to the public in keeping records of street lines, easements and utility locations. It is intended that approval be automatic if the final plat conforms to the approved preliminary plat and meets the criteria in this Title for approval of a final plat. Upon determining that the final plat has been approved by the Plan Commission, the Plat Officer shall sign the plat and submit it to the Village Board for approval. Countersigning by the Village President after approval by the Village Board shall constitute final approval and authorize the recording of the final plat.
F. Recording: Recording of the final plat authorizes the issuance of building permits, provided that the developer has installed all improvements or, in the alternative, has posted bond or other sufficient security as set forth in Section 9-4-4 of this Title, and the recording of the final plat constitutes acceptance of proffered or required dedications. Recording of the plat does not constitute acceptance of any streets or other improvements required to be made, whether or not on dedicated rights of way.
G. Building Permits: If building permits are to be issued prior to the completion of all improvements required to be made as a condition of approval of the plat at the time of issuance, the property owner must sign the building permit indicating that he or she acknowledges that no occupancy permit shall be issued unless and until all improvements required to be made as a condition of approval of the plat of the subdivision in which the construction is to take place have been fully completed and received the approval of the Village Board. No occupancy permit shall issue for a residence situated within a subdivision unless and until all improvements required to be made as a condition of the approval of the plat, with the exception of the one inch (1") final bituminous concrete course described in subsection 9-4A-6G, within the subdivision have been completely installed and received the approval of the Village Board.
H. Conditions for Disapproval: Disapproval is warranted upon, but not limited to, the following conditions:
1. There are deviations from the preliminary plat;
2. More than one year has elapsed since preliminary plat approval;
3. A new street, highway, pipeline or other construction or major feature that has been constructed planned or has directly affected the site by virtue of such improvement being placed on the Official Plan of the Village.
4. If the required written consent has not been obtained from the Illinois Department of Transportation, Division of Highways or Water Resources, Lake County Highway Department. Lake County Public Works, or Lake County Health Department, the final plat shall not be approved.
5. If the plat or the supporting documents fail to meet the requirements of this Title. (Ord. 90-19, 11-28-90)
I. Staged Development: Submission of a final plat covering only a portion of the area by a preliminary plat may be permitted after consideration of the effect on the continuity of roads, utilities, and services; provided, that all of the requirements of the entire subdivision, e.g., major access roads, retention basins, buffer zones and open space dedication are included in the first portion of the staged development. Validity of the preliminary plat may be extended to one year from the date of final approval of any portion thereof.
J. Variations and Modifications: Whenever a proposed subdivision fails to conform to the strict terms of this Title or of the Zoning Title, so that either a hardship modification as provided in subsection 9-6-3A of this Title, or a variation as provided in the Zoning Title 1 is required, to warrant approval of the proposed subdivision, hearings as required in either instance, shall be conducted and the hearing report and recommendations of the Plan Commission or Zoning Board of Appeals shall be submitted to the Village Board prior to its review and consideration of the final plat. Thereafter, consideration of said final plat and the proposed hardship modification and zoning variations shall be concurrent. (Ord. 90-03, 7-25-90)
Notes
| 1 | 1. See also Section 8-10-2 of this Code. |