A. Concurrent With Or Prior To Construction: Preparation of the final plat may be concurrent with or prior to construction. Construction performed prior to final plat approval shall, however, be at the risk of the subdivider. Approval of the engineering drawings and specifications by the village engineer shall be a requisite for both commencement of construction and approval of the final plat.
B. Submission Of Plat; Time Constraints: At any time within one year after receiving preliminary plat approval by the village board of trustees and after receiving approval of the engineering drawings and specifications by the village engineer, the subdivider shall submit the final plat for consideration of approval.
1. Subdividers shall submit the following to the village chair of the economic development committee:
a. Three (3) copies of the final plat, fourteen (14) calendar days prior to any regular meeting of the economic development committee.
b. The submittal or resubmittal of a final plat for a subdivision within the corporate limits of the village or within the one and one-half (11/2) mile extraterritorial jurisdictional area of the village shall be accompanied by a fee as provided in section 12-3-4 of this title.
c. For those submissions involving annexation agreements, the applicable application fee shall be as provided in section 12-3-4 of this title. The check shall be made payable to the village.
d. Completed final plat application form, as approved by the village, including all attachments thereto.
e. Not less than one copy of each of the following documents:
(1) All covenants, agreements, and deed restrictions which are to be imposed by the subdivider on future owners of lots within the subdivision once approved.
(2) A notarized certification by the owner and by the mortgage holder of record, of the adoption of the plat and the dedication of streets and other public areas, and any restrictions as to usage, buildings, occupancy, etc. See example form at section 12-7-2 of this title.
(3) Certification from the county clerk that all taxes and special assessments due on the property to be subdivided have been paid in full as required by statutes.
(4) Certification from the village treasurer that all special assessments due on the property to be subdivided have been paid in full (not required for subdivision out of village limits).
(5) Any required floodplain development permit or applicable letter of map revision.
(6) Any required formal irrevocable offers of dedication to the public of all streets, local government uses, utilities, parks, and easements, in a form approved by the village attorney, and the subdivision plat shall be marked with a notation indicating the formal offers of dedication.
(7) Any required performance guarantee and surety as required by subsection D of this section.
2. Subdividers shall submit the following to the village engineer:
a. Two (2) copies of the final plat, fourteen (14) calendar days prior to any regular meeting of the economic development committee.
b. One copy of the subdivider's engineer's opinion of estimated costs of construction of public improvements, for evaluation of the amount of the performance guarantee. See subsection D of this section.
3. Subdividers shall submit one copy of the final plat to the village public works superintendent at any time prior to the economic development committee meeting designated for consideration of the final plat for approval.
4. Subdividers may also submit additional copies of the final plat for the purpose of obtaining copies of executed final plats, pending village board approval. The additional copies of the final plat shall remain the property of the subdivider. See subsection H of this section.
C. Required Information: The final plat shall contain or be accompanied by the information herein specified and shall comply with the following requirements:
1. General:
a. The name of the subdivision.
b. The certificate of a registered land surveyor.
c. The date of preparation, scale and north arrow. The scale and size of the plat shall be such that a fifty percent (50%) size photographic reduction will not impair the details. Plats in several sections are permissible. No sheet larger than twenty four inches by thirty six inches (24" x 36") shall be submitted. The plat shall be presented at a scale of one inch to one hundred feet (1" = 100') or larger; except, that a different scale may be used if approved during the preliminary plat phase. Lettering on the full size plat shall be all capitals of not less than one-tenth inch (1/10") in height. The plat shall be legible without magnification.
d. The location and position of the subdivision indicated in each of the following ways as applicable:
(1) By quarter section, township, range, meridian, county, and state.
(2) By distances and bearings from astronomic or assumed north and angles with reference to a corner or corners established in the United States public land survey.
(3) By a written legal description of the exterior boundaries of the land as surveyed and divided.
e. The plat shall comply with the current Illinois Compiled Statutes. Information which shall appear on the plat or on subsidiary documents is as follows:
(1) Location of subdivision relative to village limits.
(2) The effect of stormwater runoff on other potentially developable land and the county's streams and open drainage channels, and a subsidiary drainage plat showing the topographical and profile plats, with a signed statement by a professional engineer and the owner stating that to the best of their knowledge and belief, the drainage and surface water drainage will not be changed by the subdivision, or if surface water drainage will be changed, reasonable provision has been made for collection and diversion of such waters into public areas, or drainage which the subdivider has the right to use, and that such surface waters will be planned for in accordance with generally accepted engineering practices so as to reduce the likelihood of damage to adjoining property because of the construction of the subdivision.
(3) The following notation shall appear on the face of the plat:
THE PROPERTY COVERED BY THIS SUBDIVISION (IS) (IS NOT) LOCATED WITHIN A FLOOD HAZARD AREA (ZONE A), AS DETERMINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (PANEL NUMBER, TITLE, AND DATE OF FEMA STUDY).
f. The final plat shall be drawn with ink on a stable plastic film.
g. The final plat approval certificate. See subsection H of this section for the final plat approval certificate form.
2. Detailed Information:
a. Boundary lines of the proposed subdivision indicated by solid heavy line and the total acreage encompassed thereby. The plat shall clearly indicate all streets, alleys, blocks, lots, parcels, easements, and rights of way. Accurate angular and linear dimensions shall be shown to describe and/or reproduce any of these features.
b. Abutting street lines of platted, adjoining subdivisions shown in their correct location by broken (dashed) lines.
c. The description and location of all subdivision and public land system survey monuments.
d. A consecutive numbering system for all lots and blocks.
e. Location and names of all existing or prior platted streets or other public ways, railroads and utility rights of way, parks and other public open spaces, permanent easements or prior platted lots within and adjacent to the subdivision.
f. A graphic representation of the minimum setback lines on all lots and parcels, and a notation of the distance between such lines and the street line, or lot line.
g. Pipes or other equivalent physical markers shall be placed at each lot corner. No pipe or rod monument shall be less than one-half inch (1/2") in diameter, standard weight water pipe (inside diameter) or deformed reinforcing rod at least thirty inches (30") long. Iron pipes encased in concrete at least four inches by four inches by forty two inches (4" x 4" x 42"), or equivalent, markers shall be placed at any two (2) corners of all new subdivisions, in accordance with the Illinois professional land surveyor act of 1989 1 . All monuments shall be imprinted with the registration number of the surveyor making the survey and shall be described on the plat.
3. Department Of Transportation Approval: Approval of the final plat by the Illinois department of transportation if the subdivision adjoins or is adjacent to a state maintained highway.
4. County Engineer Approval: Approval of the final plat by the county engineer if the subdivision adjoins or is adjacent to a county highway.
5. Township Road District Approval: Approval of the final plat by the township road district if the subdivision is outside the village limits.
6. Subsidiary Drainage Plat: A subsidiary drainage plat need not be filed with the village. All drainage concerns shall be inherently addressed during the engineering drawings and specifications submission phase.
D. Performance Guarantee And Surety:
1. The subdivider shall complete the performance guarantee as specified herein. Performance guarantee and surety of the public improvements shall be required as a requisite of final plat approval. If construction of the public improvements has already been completed, acceptance of public improvements by the village shall be required prior to consideration of the final plat for approval (see section 12-4-9 of this chapter).
2. Performance guarantee and surety shall be one of the following:
a. Corporate surety bond (as approved by the Illinois insurance services office), as approved by the village attorney.
b. Certification of deposit as approved by the village attorney.
c. Irrevocable letter of credit from an insured bank as approved by the village attorney.
3. The amount of the performance guarantee and surety shall be based on the estimated value of the public improvements at the time of approval of the final plat, insuring the village adequate coverage to secure the satisfactory construction, installation, and dedication of the uncompleted portions of the required improvements. The village attorney shall approve such performance guarantee only after a recommendation of approval of the amount of the guarantee is received from the village engineer.
4. Upon substantial completion of major segments of public improvements with appropriate documentation submitted by the subdivider's engineer, and after initial tentative acceptance of the completed improvements by the village, the amount of the performance guarantee may be reduced in stages to reflect the segments completed, but in no case shall the remaining bond be less than fifteen percent (15%) of the cost of completing the entire improvements, all upon recommendations by the village engineer and the village attorney, and approval granted by the village board of trustees.
5. Should the subdivider fail to perform the subdivider's obligation to construct and maintain public improvements as required by this title, or if the subdivider fails to complete construction of the public improvements within two (2) years of final plat approval, the village may liquidate any performance guarantee in the village possession and use the proceeds to construct or maintain the improvements in whole or in part as the village, in its sole discretion, deems appropriate.
6. Notwithstanding the amount of the performance guarantee, the owner of the subdivision shall pay all costs the village actually incurs in designing and constructing improvements or correcting defects in any improvements the subdivider is required to install and maintain pursuant to this title but which the subdivider fails to design, construct, or maintain free from defects in accordance with this title. If the amount of money received by the village from the performance guarantee and its security is insufficient to pay all such costs, the subdivider shall reimburse the village for the remainder within twenty eight (28) days of the village sending the subdivider a bill for the balance due.
7. Should the village be required to institute proceedings in court in order to collect any sum due under this subsection, or to enforce the provisions of the subdivider's performance guarantee, or to collect the security pledged in support of said guarantee, the village shall be entitled to collect reasonable attorney fees that it incurs from the subdivider.
E. Annexation Of Property:
1. Unless the village and owner have entered into an annexation agreement providing otherwise or the subject property is otherwise already located within village boundaries and is part of the village, the owner shall petition to have the subject property annexed to the village.
2. The petition for annexation shall be submitted on or before submission of the final plat.
3. See title 13, chapter 1 of this code for the requirements and regulations governing the approval process for annexations.
F. Approval Or Disapproval Of Final Plat:
1. The economic development committee and the village engineer shall concurrently review the final plat for compliance with this title.
2. If all of the above requirements have been satisfied, the chair of the economic development committee will present the final plat to the committee at the next regular meeting, and make one of the following recommendations:
a. Recommend disapproval of the final plat.
b. Recommend approval of the final plat.
c. Recommend approval of the final plat, subject to minor modifications.
3. If the economic development committee recommends disapproval of the final plat, the reason for denial shall be clearly set forth and communicated in writing to the subdivider.
4. If the economic development committee recommends to the village board of trustees approval of the final plat, it shall be so executed at that time. The original plat and two (2) copies shall be executed by the chair of the village economic development committee. Any additional final plats provided by the subdivider must also be executed at that time. See subsection H of this section for the final plat approval certificate form.
5. The chair of the economic development committee shall then present the final plat to the village board of trustees at its next regular meeting and inform them of the chair's recommendation.
G. Village Board Action:
1. The village board of trustees shall not give final approval to any proposed subdivision until:
a. The economic development committee has recommended approval or disapproval of the final plat.
b. The village engineer has recommended approval or disapproval of the subdivision improvement drawings and specifications.
c. The subdivider presents his guarantee in the amount and form in accordance with this section and as approved by the village attorney.
d. All statutorily required approvals by other governmental agencies have been received.
2. The village board of trustees, after receiving recommendation from the economic development committee, shall then consider the final plat of the proposed subdivision. At that time, the village board of trustees shall approve or disapprove the final plat and shall clearly state their reasons for their actions.
3. In the event the village board of trustees disapproves the plat, the subdivider has one year from the date of such disapproval to make the corrections and resubmit to the village board of trustees; otherwise, the prior approval of the economic development committee and/or the approval of the village engineer shall become null and void.
4. If the village board of trustees approves the final plat, it shall be so executed at that time by the mayor and the village clerk. The original final plat and two (2) copies must be executed. Any additional final plats provided by the subdivider must also be executed at that time. See subsection H of this section for the final plat approval certificate form.
5. After approval of the final plat, drawings and specifications and receipt of all supporting documents by the village board of trustees, the final plat may be recorded by the subdivider with the county recorder of deeds within one year of the date of approval; otherwise, the final plat and approval shall become void. The village retains the option to require that a representative of the village be present when the subdivider records the plat.
H. Certificate Of Approval: On the final plat, the following certificate shall appear:
FINAL PLAT APPROVAL
THE FINAL PLAT ENTITLED HAS RECEIVED A RECOMMENDATION FOR (APPROVAL) (DISAPPROVAL) BY THE ECONOMIC DEVELOPMENT COMMITTEE OF HEYWORTH, ILLINOIS, THIS DAY OF , 20 .
CHAIRMAN
DATE
THE FINAL PLAT ENTITLED HAS RECEIVED APPROVAL BY THE BOARD OF TRUSTEES OF THE VILLAGE OF HEYWORTH, ILLINOIS. THIS PLAT SHALL BE RECORDED WITH THE RECORDER OF DEEDS, MCLEAN COUNTY, ILLINOIS, WITHIN ONE (1) YEAR OF THIS DATE, OTHERWISE THIS PLAT SHALL BECOME VOID.
MAYOR
DATE
VILLAGE CLERK
DATE
(SEAL)
I. Subdivider's Agreement And Bond:
SUBDIVIDER'S AGREEMENT AND BOND
The undersigned, of the , County, Illinois, being the subdivider of a certain parcel of land having a detailed legal description as shown on the said preliminary plat of said parcel, which said subdivision is to be known as , does hereby covenant that he will, at his cost and expense, complete all improvements shown on said preliminary plat and the Drawings and specifications within a period to two (2) years from the date hereof.
The undersigned does further state that, , a licensed engineer, has estimated the cost of such improvements at approximately $ .
NOW THEREFORE, in consideration of the acceptance and final approval of the said preliminary plat, the undersigned subdivider does hereby enter into the following bond:
KNOW ALL MEN BY THESE PRESENTS, that of the , County of and the State of is bound to the Village of Heyworth in the penal sum of $ lawful money of the United States, for payment of which we, and each of us, bind ourselves and our heirs, executors, and administrators, jointly and severally by these presents.
The condition of this obligation is such that if the subdivider satisfactorily completes the construction of improvements shown on the said preliminary plat and the Drawings and specifications with regard to said subdivision within a period of two (2) years from the date hereof and repairs any damage to same caused by faulty materials or workmanship for a period of one (1) year after the final inspection and conditional acceptance of said improvements by the Village of Heyworth, Illinois, and reimburses the Village for any and all engineering fees, attorney fees, litigation expenses, court costs and other related expenses incurred by the Village in enforcing or defending the terms and provisions of the Agreement and Bond or any Letter of Credit related hereto, whether a default has been declared or otherwise, and the Board of Trustees of said Village pass an ordinance or resolution releasing said Bond, then this obligation is to be void and of no effect; otherwise, it is to remain in full force and effect.
The undersigned , as Principal, and as Surety, do hereby, by these presents, agree that the Village has a bondable interest in the construction of the improvements shown in the plat and specifications of subdivision.
Witness our hands and seals IN WITNESS THEREOF, the Subdivider has caused this Bond to be executed and dated this day of , 20 .
ATTEST:
STATE OF ILLINOIS )
)ss.
COUNTY OF MCLEAN )
[NOTARY STATEMENT, SIGNATURE, AND SEAL]
(Ord. 2009-99, 8-24-2009; amd. 2011 Code)
Notes
| 1 | 1. 225 ILCS 330/1 et seq. |