A. Whenever any subdivision of land shall hereafter be laid out, the subdivider thereof or his agent shall submit both a preliminary and a final subdivision plat to the Planning and Zoning Commission, said plats and plans of proposed improvements, and all procedures relating thereto, to be in full compliance with these regulations.
B. Until plats and plans for the subdivision are certified and approved by the Board of Trustees in writing:
1. No land shall be subdivided or filed for record, nor any street laid out, nor any improvements made to the land;
2. No lot, tract or parcel of land within any subdivision shall be offered for sale, nor shall any sale, contract for sale, or option be made or given; and,
3. No improvements such as sidewalks, water supply, storm water drainage, sewerage facilities, gas service, electric service or lighting, or grading, paving or surfacing of streets, shall be made within any such subdivision by any owner or owners or his or their agent, or by any public service corporation at the request of such owner or owners or his or their agent.
C. No plat will be approved for a subdivision of land which is subject to periodic flooding or which contains such poor drainage facilities as would make adequate drainage of the planned lots and streets unfeasible; however, if the subdivider agrees to make improvements which will, in the opinion of the Village Engineer, make the area safe for residential occupancy and provide adequate lot and street drainage, the plat of subdivision may be approved notwithstanding such periodic flooding or poor drainage.
D. In all subdivisions, due regard shall be given to the preservation of historical sites and natural features such as large trees, watercourses and scenic views.
E. All interpretations of these rules and regulations are reserved to the administrative bodies referred to herein.
F. The Hampshire village board may vary and make exceptions as set forth herein in instances where it finds sufficient evidence of hardship caused by topographic conditions, or where any other reasonable deterrents prevail.
G. All subdivisions of land shall be and are subject to compliance with the requirements of chapter 14, "Development Impact Fees", of this code.
H. Deposit For Reimbursement Of Fees And Costs 1 : Any person who shall file an application for subdivision of any land in the village shall deposit with the village finance director a sum in accordance with the schedule set forth herein, which sum shall be utilized by the village for reimbursement of fees and costs incurred by the village for review and evaluation of said application, including, but not limited to, legal, engineering, planning, and other consultant services.
1. Said funds shall be deposited and maintained in a separate developer escrow account, separate and apart from the general funds of the village; provided, however, said funds may be commingled with other developer deposits in a single bank account with separate accounting.
2. The finance director shall upon payment by the village of any fees or costs related to the review, evaluation or processing of the application, promptly reimburse the village for said payment from the pertinent deposit, and shall render an accounting regarding same to the applicant. The village's payment of any such fees or costs shall be conclusive evidence that such payment was due, is for services actually rendered, and is a reasonable amount to be paid for such services.
3. Whenever said funds shall have been disbursed, so as to reduce the funds on account to a minimum balance described in subsection H4 of this section, or less, the finance director shall notify the applicant that the account must be replenished to the initial required amount, and the applicant shall, not more than fifteen (15) days later, make a deposit with the finance director to so replenish the funds.
4. The amount of initial deposit, and minimum balance at which it shall be required to replenish such account, shall be the following:
Acres
| Initial Escrow Amount
| Minimum Balance
|
1–25 | $10,000.00 | $ 5,000.00 |
26–100 | 15,000.00 | 5,000.00 |
101–200 | 25,000.00 | 5,000.00 |
201–400 | 40,000.00 | 10,000.00 |
401+ | 50,000.00 | 10,000.00 |
5. If the applicant shall fail to replenish the account upon such written notice, the village may cease work on and processing of the subject application until such time as such additional deposit has been received.
6. The village board may, in its sole discretion, considering the size and complexity of the proposed development:
a. Require a larger initial deposit, and/or set a higher minimum balance at which the account shall be replenished; and
b. Reduce the amount of the initial deposit, and/or reduce the minimum balance at which the account shall be replenished.
7. Upon the conclusion of processing any application for land development, by recording of a final plat of subdivision, written confirmation of withdrawal of the application, or otherwise, and after payment of all reimbursements due to the village, any balance remaining on account of the applicant shall be returned to the applicant. (1985 Code; amd. Ord. 01-22, 8-2-2001; Ord. 04-23, 7-15-2004; Ord. 21-15, 4-15-2021)
Notes
| 1 | 1. Developer escrow accounts shall be put into effect with all pending and all new matters as of September 1, 2004. |