For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY ENGINEER. A qualified person appointed by the Mayor to act in the capacity of City Engineer.
STREETS and ALLEYS. STREET means a way for vehicular traffic, whether designated as a street, highway, thoroughfare, parkway, thru-way, road, avenue, boulevard, lane, place or however otherwise designated. The Plat Officer shall determine in which classification streets in a proposed subdivision shall fall.
(1) Arterial streets and highways are those which are used primarily for fast or heavy traffic.
(2) Collector streets are those which carry traffic from minor streets to the major system of arterial streets and highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
(3) Minor streets are those which are used primarily for access to abutting properties.
(4) Marginal access streets are minor streets which are parallel to and adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.
(5) Alleys are minor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
(6) Pedestrian crosswalks are easements to the public for the purpose of foot traffic. Each adjacent lot shall extend to the center of the required crosswalk, which shall be provided with an all-weather surface, no less than five feet in total width, except as required in § 152.05(D)(2). Minimum side yard requirements shall be increased on each adjacent lot to the width that lot projects into the easement.
SUBDIVISION.
(1) The division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved, any division of a parcel of land provided that, a division of land for agricultural purposes into lots or parcels of five acres or more and not involving a new street shall not be deemed a SUBDIVISION.
(2) The term includes RE-SUBDIVISION, provided that the division of not more than five lots or tracts of record into not more than three lots, and not involving a new street, shall be eligible for record without approval of the City Council, but with the written approval of the Plat Approval Officer, who shall first determine that the new lots comply with the area regulations and other requirements, including sanitation, of the zoning ordinance of the city.
(3) When appropriate to the context, the term SUBDIVISION shall relate to the process of subdividing or to the land subdivided.
(Ord. passed 4-11-1960)
(A) It is hereby required that no map, plat or subdivision of any block, lot or sub-lot, or any part thereof, or any piece or parcel of land within the city, or in contiguous territory not more than one and one-half miles beyond the corporate limits, shall be entitled to record in the county, or have any validity until it has been approved by the City Council.
(B) Each person, firm or corporation who seeks the Council’s approval of a map, plat or subdivision shall follow the procedure herein outlined.
(1) Pre-application procedure.
(a) Previous to the filing of an application for conditional approval of the preliminary plat, the subdivider shall submit to the Plat Officer plans and data as specified in § 152.07. This step does not require formal application, fee or filing of the plat.
(b) The purpose of the “pre-application procedure” is to afford the subdivider an opportunity to avail himself or herself of the advice and assistance of the Plan Commission, and to consult early and informally with the Commission staff before preparation of the preliminary plat and before formal application for its approval, in order to save time and money and to make the most of his or her opportunities.
1. The subdivider should also consult with parties potentially interested with him or her or with the ultimate users of the development, such as lending and mortgage insurance institutions, with a view to reaching at this initial stage, firm conclusions regarding what part of the market demand should be served, the suitability of the location of the proposed subdivision, the most advantageous subdivision plan, the arrangement of streets, lots and other features of the proposed development
2. Here is where the die is cast; opportunities are assured or lost. Good counsel on all parts of the problem is essential at this stage. The subdivider is advised to engage a land planning specialist qualified to help him or her resolve the major factors into a workable and profitable subdivision plan.
(c) The Plat Officer shall submit the application to the Plan Commission and within 31 days the Plan Commission shall inform the Plat Officer that the plans and data as submitted or as modified do or do not meet the objectives of these regulations. When the Plan Commission finds that the plans and data do not meet the objectives of these regulations, it shall express its reasons therefor in its communication to the Plat Officer.
(2) Procedure for conditional approval of preliminary plat.
(a) On reaching conclusions informally as recommended in division (B)(1) above regarding his or her general program and objectives the subdivider shall cause to be prepared a preliminary plat, together with improvement plans and other supplementary material as specified in § 152.07.
(b) Four copies of the preliminary plat and supplementary material specified shall be submitted to the Plat Officer with written application for conditional approval at least ten days prior to the meeting at which it is to be considered.
(c) Following review by the Plan Commission of the preliminary plat and other material submitted for conformity thereof to these regulations; and negotiations with the subdivider on changes deemed advisable and the kind and extent of improvements to be made by him or her, the Plat Officer shall, within 40 days, act thereon as submitted, or modified, and if approved, the Plat Officer shall express his or her approval as conditional approval and state the condition of such approval, if any, or if disapproved, shall express his or her disapproval and his or her reasons therefor.
(d) The action of the Plat Officer shall be noted on two copies of the preliminary plat, referenced and attached to any conditions determined. One copy shall be returned to the subdivider and the other retained by the Plat Officer.
(e) Conditional approval of the preliminary plat shall not constitute approval of the final plat. Rather it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final flat, which will be submitted for approval of the City Council, and for recording upon fulfillment of the requirements of these regulations and the conditions of the conditional approval, if any.
(f) If the Plat Officer rejects the preliminary plat, the owner shall have the right to request that the Plat Officer submit the preliminary plat to the City Council for its approval together with a summary of his or her action in respect thereto. If the City Council approves the plat, then the Plat Officer shall be directed to approve the preliminary plat.
(g) Preliminary approval shall confer upon the subdivider the right for a two-year period from the date of approval that the general terms and conditions under which the preliminary approval was granted will not be changed.
(3) Procedure for approval of final plat.
(a) The final plat shall conform substantially to the preliminary plat as approved, and, if desired by the subdivides it may constitute only that portion of the approved preliminary plat which he or she proposes to record and develop at the time; provided, however, that such portion conforms to all requirements of these regulations.
(b) Application for approval of the final plat shall be submitted in writing to the Plat Officer, who in turn shall transmit the same to the Plan Commission at least 15 days prior to the meeting at which it is to, be considered by the Plan Commission. The Plan Commission shall inform the Plat Officer of its recommendations.
(c) Four copies of the final plat and other exhibits required for approval shall be prepared as specified in § 152.07, and shall be submitted to the Plat Officer within 12 months after approval of of the preliminary plat; otherwise such approval shall become null and void unless an extension of time is applied for and granted by the Plat Officer.
(d) The final plat shall bear the following certificate:
State of Illinois ) ss
County of Marshall )
I, ______________________, Clerk of the City of Lacon, Marshall County, Illinois, do hereby certify that this plat was duly approved and accepted by the Mayor and City Council at a meeting held on the _____________ day of ________________________, 20_____.
(Ord. passed 4-11-1960)
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