A. Purpose: The minor subdivision review and approval process is intended to expedite and to minimize public and private costs for the review of subdivisions which have little or no required public improvements, which will not likely negatively impact surrounding property in a manner significantly different than if the property had not been subdivided, and thus, which do not require the economic development committee and the board of trustees to make policy decisions.
B. Eligibility Criteria: A minor subdivision is a subdivision of land into three (3) or fewer lots that meets the following eligibility criteria:
1. The subdivision does not require, under these subdivision regulations, the design or construction of any major public improvements other than utility service connections and on site stormwater drainage and detention.
2. The subdivision does not contain any major public stormwater drainage facilities.
3. The subdivision contains lots, all of which front on an existing street or roadway, and does not involve the extension of any new street, roadway, or easement of access.
4. The subdivision is located within the village or is otherwise the subject of an annexation agreement which requires and sets forth the conditions of its future annexation to the village.
5. The subdivision is in conformity with the village comprehensive plan and zoning ordinance of the village or the county, whichever is applicable.
6. The subdivision is otherwise in conformity with all applicable laws and regulations, unless previously waived by the entity with jurisdiction.
C. Exemption From Certain Submission Phases: Subdivisions that meet the eligibility requirements for a minor subdivision are exempt from the following submission phases otherwise regulated by this chapter:
1. Preliminary plat review and approval phase (section 12-4-3 of this chapter).
2. Approval of engineering drawings and specifications (section 12-4-5 of this chapter).
D. Submission Of Plat:
1. Subdividers shall submit the following to the chair of the village economic development committee:
a. Three (3) copies of the final plat, seven (7) 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. (Ord. 2009-99, 8-24-2009)
d. A notarized certification (see sample form approved by the village) by the owner, including all attachments thereto. (Ord. 2009-99, 8-24-2009; amd. 2011 Code)
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 a subdivision out of the village limits).
(5) Any required floodplain development permit or applicable letter of map revision. (Ord. 2009-99, 8-24-2009)
2. Subdividers shall submit two (2) copies of the final plat to the village engineer seven (7) calendar days prior to any regular meeting of the economic development committee. (Ord. 2009-99, 8-24-2009; amd. 2011 Code)
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 section 12-4-6 of this chapter.
E. 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 12-4-6H of this chapter 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. Approval Of Final Plat By State: Approval of the final plat by the Illinois department of transportation if the subdivision adjoins or is adjacent to a state maintained highway.
4. Approval Of Final Plat By County Engineer: Approval of the final plat by the county engineer if the subdivision adjoins or is adjacent to a county highway.
5. Approval Of Final Plat By Township Road District: Approval of the final plat by the township road district if the subdivision is outside of the village limits.
F. Annexation Of Property:
1. Unless the village and the 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 of this code for the requirements and regulations governing the approval process for annexations.
G. 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 12-4-6H of this chapter 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.
H. 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. All statutorily required approvals by other governmental agencies have been received.
2. The village board of trustees, after receiving recommendations 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 12-4-6H of this chapter 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. (Ord. 2009-99, 8-24-2009)
Notes
| 1 | 1. 225 ILCS 330/1 et seq. |