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(A) Whenever the owner of land subdivides or plats any land within the jurisdiction of this chapter, the land shall be surveyed and a plat made thereof by a registered land surveyor containing information required hereinafter. All such plats shall then be submitted to the village pursuant to the provisions of this chapter.
(B) No lot or tract of land shall be divided or redivided or in any manner utilized for the purpose of erecting more than one principal building or unit on such lot or tract of land without subdividing or resubdividing as set forth in this chapter.
(C) No plat of any subdivision of more than one lot and no dedication, vacation, annexation, or plat of survey under 765 ILCS 605/1 et seq., shall be valid nor entitled to record unless and until the same has been approved by the Board of Trustees in accordance with procedures and standards hereinafter provided, and no such plat, within the unincorporated area within one and one-half miles of the corporate limits at any given time, shall be approved without compliance with the procedures and standards required as hereinafter set forth.
(A) Before approval of any final plat, the subdivider shall agree in a written Statement of Intent and Agreement, or S.I.A., to be submitted to and approved by the Board of Trustees, to install and construct right-of-way, utility, and other public improvements, to pay all required fees, and to make all required donations in accordance with the requirements of the ordinances of the village. The S.I.A. shall state the approximate date when installation of public improvements will commence and a reasonable date for completion of the public improvements. If the S.I.A. does not otherwise provide a completion date, the improvements shall be completed within three years of the date of final plat approval and recording. An S.I.A. may be amended to extend the time for commencing and completing public improvements. An S.I.A. shall be binding upon the successors, heirs, and assigns of the subdivider or developer.
(B) Before approval of any final plat or S.I.A. in the platted subdivision, the subdivider shall guarantee the completion of the public improvements to be installed or constructed in accordance with the S.I.A. and the ordinances of the village, together with all other commitments by the subdivider, by submitting a corporate surety bond or other financing surety, in a form to be approved by the Village Attorney. For the purposes of this chapter, OTHER FINANCING SURETY shall be defined as letters of credit, impound letters or similar devices made by a sound and reputable financial institution whereby a sum of money is set aside and restricted as payment for the performance of specific obligations by the subdivider and which are irrevocable except by prior notice to the village.
(C) A subdivider may freely assign, transfer, or convey property within a platted subdivision, but such assignment, transfer, or conveyance shall not affect the principal obligation of the subdivider to perform its obligations under this chapter or an executed S.I.A. without a written amendment to the S.I.A. The conveyance of property within a platted subdivision to grantees of such a subdivider shall render the grantees responsible only for performance of a pro-rata share of such obligations in the event of default by the subdivider and the surety.
(A) A corporate surety bond or other financing surety submitted in accordance with § 150.04 to guarantee the completion of public improvements shall be in an amount equal to 110% of the estimated cost of installing and constructing the public improvements and shall provide as follows:
(1) An expiration date not less than one year from the date of issuance, or an express provision that the surety or bond will not expire prior to completion, and acceptance by the Board of Trustees of the public improvements;
(2) That written notice shall be given by certified or registered mail to the Village Clerk as to the expiration date, if any, of the surety bond not less than 60 days before the expiration, and that the surety or bond shall not expire absent this notice;
(3) That failure of the subdivider to complete the public improvements secured by the surety or bond prior to the scheduled completion date shall be considered a default by the subdivider and the issuing institution;
(4) That failure of the subdivider to submit a new surety or bond in accordance with this section upon expiration of the surety or bond shall be considered a default by the subdivider and the issuing institution;
(5) That the surety or bond shall be irrevocable and shall be clearly marked “irrevocable;”
(6) That the surety or bond will not be discharged or reduced by the issuing institution except upon written certificate of the Village Clerk that the surety or bond may be discharged or reduced in accordance with this section and the amount of the discharge or reduction;
(7) That the issuing institution will pay all attorney’s fees and other costs reasonably incurred in enforcing collection of the financing surety in the event that the issuer wrongfully fails to honor the village’s demand for payment under the terms of the surety or bond.
(B) The requirements of division (A) may be modified or waived upon motion, resolution, or ordinance of the Village Board if the Board first determines that the requirements of division (A) would impose an unreasonable hardship upon the subdivider and that the absence of a surety or bond submitted in accordance with division (A) will not materially affect the guarantee that the requirements of this chapter will be met.
(C) A subdivider may, at its option, submit separate sureties or bonds for each public improvement to be accepted.
(D) A surety or bond submitted in accordance with this section to guarantee the completion of public improvements may be reduced or partially discharged prior to completion and acceptance of such public improvements by the Village Board upon the following showing by the subdivider and the certificate of the Village Engineer:
(1) A sworn statement by the subdivider’s engineer of the cost of work performed and labor and materials provided toward the completion of the improvement, an estimation of the amount and cost of work, labor, and material remaining to be performed or provided in order to complete the improvement; and
(2) Written waivers of lien for all labor or material provided for public improvement where public funds are involved.
(E) Any partial reduction or discharge of a surety or bond submitted in accordance with this section to guarantee completion of public improvements shall be subject to the following restrictions:
(1) No partial reduction or discharge approved on account of work performed and labor and materials provided shall exceed the cost of the work, labor, or materials;
(2) No partial reduction or discharge shall be approved to the extent that it would cause the balance of funds remaining to be less than 110% of the estimated cost of work, labor, and material remaining to be performed or provided in order, to complete the improvements; and
(3) A partial reduction or discharge of the financing surety may be approved upon certificate of the Village Engineer; however, the certificate shall not be construed as partial or complete acceptance of the improvement for which the work was performed or labor and materials provided.
(F) When the subdivider has supplied all of the documents or materials required by this chapter to be submitted in support of its request for discharge of a surety or bond or acceptance of the public improvement as completed, the Village Board shall approve or disapprove the request within 30 days of the subdivider’s application. If the subdivider’s application is disapproved, a written statement of the reasons for the disapproval shall be given the subdivider. The subdivider and the Village Board may mutually agree to extend the 30-day period. In addition, the 30-day period shall be extended as necessary in the event that weather prevents the village from verifying the facts contained in the subdivider’s application.
(G) A surety or bond submitted in accordance with this section shall be discharged upon acceptance by the Village Board of all improvements for which the surety or bond was submitted and submission of a maintenance bond guaranteeing the improvement against defects in materials or workmanship in the amount of 10% of the estimated cost of the improvement to be effective for a period of one year from the date of acceptance.
(H) This section shall be binding upon and applicable to all subdividers, developers, and successors in title of property which is subdivided or platted in accordance with this chapter.
Where the subdivider or developer can show that a provision or provisions of the standards or improvements required by this chapter would cause unnecessary hardship if strictly adhered to, or where because of the small size of the tract of land or topographical or other conditions peculiar to the site or surrounding conditions a departure may be made without destroying the intent and purpose of the provisions of this chapter, the Village Board, after consideration thereof and recommendation thereon by the Plan Commission, may waive or modify any requirements of this chapter to the extent the Board deems just and proper.
(A) The provisions and regulations for subdivision control herein contained in this chapter may be amended from time to time by the Village Board through the enactment of an amending ordinance which shall become effective as of the date of its passage unless otherwise provided by the Board.
(B) The Plan Commission may, but is not required, from time to time to prepare and recommend in writing any proposed change or addition to these provisions and regulations; however, no public hearing before the Plan Commission or any commission or board shall be required prior to the passage of any such amendatory ordinance.
(A) No building permit or occupancy permit shall be issued for any building, structure, or improvement within a subdivision approved in accordance with this chapter unless a valid and enforceable corporate surety bond or other financing surety in accordance with § 150.05 is on file with the village to guarantee completion of improvements in the subdivision which the subdivider is required to install but which are not yet complete and/or accepted.
(B) Notwithstanding the provisions of division (A) above, building and occupancy permits shall be issued to individual lot owners (other than the defaulting subdivider or developer of the subdivision), even though a valid and enforceable corporate surety bond or other financing surety is not on file with the village, if the lot owner deposits cash or a separate corporate surety bond or other financing surety with the village in the amount of 125% of that lot’s pro-rata share of the estimated cost of all improvements remaining to be completed as required by this chapter or an applicable S.I.A., the estimated cost to be determined by the Village Engineer. Such funds shall be held for use by the village for the completion of the remaining improvements. Upon completion of all these improvements by the village, a pro-rata share of any remaining funds deposited under this division or surety proceeds shall be refunded to the lot owner. In the event that all such improvements are completed by the subdivider or developer as required by this chapter or an applicable S.I.A., all the funds shall be refunded to the lot owner.
(C) No building permit shall be issued for the construction of any building, structure, or improvement unless the owner of the land upon which the building, structure, or improvement is to be constructed has complied with the requirements of this chapter as applied to the property.
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