§ 151.191  SUBDIVISION PROCEDURES.
   (A)   Subdivision review and approval process. Subdivision applications shall be reviewed and approved in accordance with Table 151.191(A) below. Unless otherwise authorized in this chapter, each stage of the process shall be completed prior to initiating a subsequent stage. For lot splits or plat amendments that proceed directly to the final plat stage, the Director shall be authorized to require the submittal of information otherwise required for any subdivision stage and shall be authorized to impose any additional requirements of this chapter to address potential negative impacts of the subdivision.
 
Table 151.191(A): Development Type Staging and Approval Authorities
Subdivision Type
Public Information Meeting
Applicable Development Stage
Approval Authority
Early Assistance Meeting
Preliminary Plat and Preliminary Engineering
Final Plat and Final Engineering
Planning, Building and Zoning Committee
Planning Director
Code Section
§ 151.191(B)
§ 151.191(D)
§ 151.191(E)
§ 151.191(F)
Major subdivision
X
X
X
X
X
Minor subdivision
X
X
X
X
Lot split
X
X
Plat amendment
X
X
 
   (B)   Public information meeting.
      (1)   Following the initial review of the Early Assistance Meeting application by the Multi-Disciplinary Team, a Public Informational Meeting that includes a neighbor notice in accordance with § 151.045(G)(2)(a) shall be held for all minor and major subdivisions, subject to the following.
         (a)   The Director shall be authorized to conduct the Public Informational Meeting for minor subdivisions provided that, within 15 calendar days of receipt of the neighbor notice of such meeting, no duly notified property owner files a written request for the Public informational Meeting to be held before the Planning, Building and Zoning Committee.
         (b)   The Planning, Building and Zoning Committee shall hold Public Informational Meetings for all major subdivisions, or for those minor subdivisions, lot splits or plat amendment applications referred to them by the Director.
      (2)   In instances where the Multi-Disciplinary Team believes development issues are substantive enough to potentially change the subdivision design, the Planning, Building and Zoning Committee may choose to delay the information meeting until the issues are resolved to its satisfaction.
      (3)   A public information meeting shall not be required when a subdivision is part of a conditional use permit application for a planned unit development.
   (C)   Concurrent processing of zoning map amendments and subdivision applications.  Unless a subdivision is part of a planned unit development application, an application for a preliminary plat shall not be accepted until the necessary zoning approvals are obtained. Applicants shall be authorized to file an application for a preapplication conference while a zoning map amendment is pending.
   (D)   Early Assistance meeting.  A preapplication conference is intended to familiarize the applicant with applicable procedures, submittal requirements, development standards, and other pertinent matters before finalizing the development proposal or otherwise spending large sums of money in laying out the proposed subdivision. An Early Assistance meeting may be required for a lot split or a plat amendment, if in the opinion of the Director the application involves unique circumstances that warrant review by the Multi-Disciplinary Team prior to proceeding to the final plat stage.
      (1)   Application filing. Early Assistance meeting applications shall be submitted to the Planning, Building and Development Department on forms available from that Department. The application shall be accepted only after a check-in meeting.
      (2)   Distribution of application; scheduling of Multi-Disciplinary Team meeting.  Upon the completion of a check-in meeting with the Planning, Building and Development Department and receipt of a complete application, the Director shall distribute copies of the application to Multi-Disciplinary Team members and other affected reviewing agencies.
      (3)   Review of application.  Within ten days of the receipt of a complete preapplication conference application, Multi-Disciplinary Team members shall review the application and provide written comments to the Director. The Director shall compile all comments received by the end of the review period and shall make the comments available to the applicant and his or her designated representative prior to the date of the Early Assistance meeting.
      (4)   Multi-Disciplinary Team meeting.  Multi-Disciplinary Team comments on the Early Assistance meeting application shall be discussed with the applicant at the scheduled Multi-Disciplinary Team meeting. Following the meeting, the Director shall provide a written report to the applicant containing the written comments of the Multi-Disciplinary Team and instructions for proceeding with the subdivision process.
      (5)   Time limits.  Comments furnished to an applicant at an Early Assistance meeting shall be valid for a period of 12 months from the date of the preapplication conference. Within this period, the applicant shall file an application for a preliminary plat, or in instances when a preliminary plat is not required, an application for a final plat shall be filed with the Director. If more than 12 months have elapsed, the applicant shall be required to reinitiate the Early Assistance meeting. Upon receipt of a written request, the Multi-Disciplinary Team may grant a time extension and may impose conditions as necessary. In no instance shall an extension be granted for more than 12 months following the date of the preapplication conference.
   (E)   Preliminary plat.  During the preliminary plat stage of the subdivision process, the general layout and design of the proposed subdivision is evaluated for compliance with all applicable regulations of this chapter. Preliminary plat review also allows an analysis of natural resource and other physical constraints affecting the subject property.
      (1)   Preliminary plat review process.
         (a)   Application filing.  Preliminary plat applications shall be submitted to the Planning, Building and Development Department on forms available from that Department. The application shall be accepted only after a check-in meeting.
         (b)   Distribution of application; scheduling of Multi-Disciplinary Team meeting.  Upon receipt of a complete preliminary plat application, the Director shall distribute copies of application to Multi-Disciplinary Team members and other affected reviewing agencies and place the preliminary plat on the agenda. The Director shall notify all preliminary plat reviewers and the applicant of the date, time, and place of the scheduled Early Assistance meeting.
         (c)   Review of application.  Within 15 days of the receipt of a complete preliminary plat application, Multi-Disciplinary Team members and others to whom the application has been distributed shall review the preliminary plat application and provide written comments to the Director. The Director shall compile all comments received and make the comments available to the applicant and his or her designated representative prior to the date of the Early Assistance meeting.
         (d)   Multi-Disciplinary Team meeting.  Multi-Disciplinary Team comments on the preliminary plat application shall be discussed with the applicant at the scheduled Early Assistance meeting. Following the Early Assistance meeting, the Director shall provide a written report to the applicant containing the written comments of the Multi-Disciplinary Team and instructions for proceeding with the subdivision process.
         (e)   Resubmittals.  In instances when plans are not approved and a resubmittal is required, the applicant shall prepare the necessary plans and reports using previous Multi-Disciplinary Team comments as a guide, and shall contact the Director for a check-in meeting. At the check-in meeting, the applicant shall include a copy of the plans and reports to be resubmitted and a cover letter explaining how all comments have been addressed. Plans shall not be accepted unless a check-in meeting has been conducted or approval has been given by the Director to submit plans. The review procedure for resubmitted plans shall be conducted in accordance with initial submittal of the original preliminary plat application (see subsections (E)(1)(a) through (E)(1)(e)) of this section. The Early Assistance meeting may be waived if the Committee finds that the nature of the outstanding comments and concerns does not warrant another meeting.
      (2)   Information meeting.
         (a)   Notice of Planning, Building and Zoning Committee information meeting.    Neighbor notice of the Planning, Building and Zoning Committee’s information meeting on a preliminary plat shall be provided in accordance with § 151.045(G).
         (b)   Planning, Building and Zoning Committee information meeting.  When the Director has determined that the preliminary plat application is ready for an information meeting before the Planning, Building and Zoning Committee, the preliminary plat application shall be placed on the agenda for the purpose of providing information and receiving public input on the application. The Multi-Disciplinary Team may present its recommendation on the preliminary plat at the information meeting, in which case the Planning, Building and Zoning Committee may take action on the preliminary plat at that time.
      (3)   Multi-Disciplinary Team Recommendation.
         (a)   Possible actions.  After completing all required reviews and receiving all departmental/agency comments, the Multi-Disciplinary Team shall consider the preliminary plat application in light of the approval criteria of this section and shall take one of the following actions:
            1.   Recommend that the Planning, Building and Zoning Committee approve the preliminary plat;
            2.   Recommend that the Planning, Building and Zoning Committee approve the preliminary plat subject to the applicant addressing all outstanding Multi-Disciplinary Team and Planning, Building and Zoning Committee comments, if any, during final plat review; or
            3.   Recommend that Planning, Building and Zoning Committee deny the preliminary plat application.
         (b)   Approval criteria.  In taking action on a preliminary plat application, the Multi-Disciplinary Team and the Planning, Building and Zoning Committee shall determine that the design of the subdivision and its components can comply with all county and state regulations.
      (4)   Scheduling of Planning, Building and Zoning Committee meeting.
         (a)   Time limits and extensions. The preliminary plat application shall be approved by the Planning, Building and Zoning Committee no less than 12 months following acceptance of the application by the Director (see § 151.193(A)(2)(a)). If more than 12 months have elapsed, the applicant shall be required to reinitiate the subdivision process by submitting another application for an Early Assistance meeting and shall pay the required application fees unless a time extension is granted by the Multi-Disciplinary Team. Upon receipt of a written request, the Multi-Disciplinary Team may grant a time extension and may impose conditions as necessary. In no instance shall an extension be granted for more than 12 months.
         (b)   Request for action.  Once the Multi-Disciplinary Team has issued a recommendation to approve a preliminary plat application or the applicant has informed the Director that they are prepared to proceed with a recommendation of denial, the Director shall place the subdivision on the agenda of the next regularly scheduled Planning, Building and Zoning Committee meeting and notify the applicant of the date, time, and place of the meeting.
      (5)   Planning, Building and Zoning Committee review and action.  The Director shall present the proposed preliminary plat to the Planning, Building and Zoning Committee. After considering the matter, the Committee shall act to approve, approve with conditions, or deny the proposed preliminary plat.
         (a)   Effect of action.
            1.   Approval or approval with conditions.  Approval or conditional approval of a preliminary plat constitutes acceptance of the overall general planning concepts for the subdivision and is a prerequisite for the filing of a final plat. An approval or conditional approval indicates that the Planning, Building and Zoning Committee considers the preliminary plat to be in compliance with subsection (E)(3)(b) above, and when applicable, what conditions need to be met by the applicant prior to action on the final plat by the Planning, Building and Zoning Committee. Approval or conditional approval confers upon an applicant a right to have the final plat for the subject subdivision reviewed in accordance with standards of this chapter that are no more restrictive than those in effect on the date of preliminary plat approval. Preliminary plat approval or conditional approval does not, however, guarantee the number of dwelling units allowed; lot configuration; the extent of open space and natural resource protection areas required; the amount of floor area or impervious surface allowed; the adequacy of proposed stormwater management facilities, sewage disposal facilities, and water supply systems; or the location or configuration of vehicle access points. Neither does preliminary plat approval or conditional approval limit nor restrict the rights and powers of any other local, state, or federal agency to impose additional or more restrictive standards that may affect the layout and design of the proposed subdivision.
            2.   Denial.  If the Planning, Building and Zoning Committee denies or fails to approve a preliminary plat, the applicant may:
               a.   Amend the preliminary plat application or obtain the additional information and documentation requested by the Planning, Building and Zoning Committee and resubmit the subdivision for further review, provided the resubmittal is within the time limit established in subsection (E)(4)(a); or
               b.   Appeal the decision of the Planning, Building and Zoning Committee in accordance with § 151.192.
         (b)   Notification of Planning, Building and Zoning Committee action.
            1.   Approval or approval with conditions. If the Planning, Building and Zoning Committee approves or conditionally approves the preliminary plat application, the Director shall provide the applicant with written notification within five days of the date of the Planning, Building and Zoning Committee’s decision. The notification shall include:
               a.   A statement indicating the effect of preliminary plat approval;
               b.   The date of Unified Development Ordinance regulations to which the subdivision will be subject throughout the remainder of the subdivision process;
               c.   The date on which preliminary plat approval and all rights arising from or created by the approval shall expire; and
               d.   Any conditions of preliminary plat approval established by the Planning, Building and Zoning Committee.
            2.   Denial of preliminary plat.  If the Planning, Building and Zoning Committee denies the preliminary plat application, the Director shall provide the applicant with written notification within five days of the date of the Planning, Building and Zoning Committee’s decision. The notification shall include:
               a.   A statement indicating the effect of preliminary plat denial;
               b.   The reasons for the denial, as stated by the Planning, Building and Zoning Committee; and
               c.   Directions for continuing the subdivision process.
      (6)   Lapse of approval.  An approved preliminary plat shall lapse and be of no further effect if a final plat for the subject subdivision is not approved by the Planning, Building and Zoning Committee within 24 months of the date of preliminary plat approval by the Planning, Building and Zoning Committee. If final plat approval is not received within this 24-month period, the applicant shall be required to reinitiate the subdivision process at the preapplication conference stage. If the applicant does not receive final plat approval within the required 24-month period, the applicant may file an extension request with the Planning, Building and Zoning Committee. The request must be received by the Planning, Building and Zoning Committee before the expiration date of the approved preliminary plat. The extension request shall state reasons for the delay and the proposed length of the extension requested. In reviewing the time extension request, the Planning, Building and Zoning Committee shall consider the circumstances behind the extension request and the status of current regulations. There shall be no limit on the number of extensions that may be granted (for good cause shown) by the Planning, Building and Zoning Committee, provided that the total cumulative effect of all extensions granted shall not extend the life of a preliminary plat by more than 12 months. (See also phased subdivision provisions of § 151.188.)
   (F)   Final plat.  The final plat stage of the subdivision process requires review and approval of final engineering plans and final plat documents, which may be processed concurrently or separately, at the option of the applicant.
      (1)   Purpose.
         (a)   Final plat.  Final plat documents are reviewed for the purpose of ensuring that the final plat, together with the other documents that will be recorded to legally create the proposed subdivision, are in full compliance with the state statutory requirements and all and applicable county regulations.
         (b)   Final engineering plans and engineering reports.  The final engineering plans and engineering reports are reviewed for the purpose of ensuring that the layout, design, and engineering of a proposed subdivision comply with all applicable standards of this chapter. The approved final engineering plans represents an approved set of construction documents for the proposed subdivision.
      (2)   Review process.
         (a)   Application filing.  Final plat and final engineering applications shall be submitted to the Planning, Building and Development Department on forms available from that Department. The application shall be submitted in person to the Director. A check-in of all documents required in the final plat stage shall occur separately or at one time. If submitted separately, a check-in of the final engineering plans and reports shall occur first followed by a check-in of final plat, covenants, conditions and restrictions, and agreements.
         (b)   Distribution and review of application.  Upon receipt of a complete final plat and/or final engineering application, the Director shall distribute copies of the application to Multi-Disciplinary Team members and other affected reviewing agencies and place the application on the agenda of the Multi-Disciplinary Team following the review period. The Director shall notify the Multi-Disciplinary Team and the applicant of the date, time, and place of the scheduled Early Assistance meeting.
         (c)   Review of application.  Within 15 days of the receipt of a complete final plat application, Multi-Disciplinary Team member agencies shall review the application and provide written comments to the Director. The Director shall compile all comments received by the end of the review period and make the comments available to the applicant and his or her consultant(s) prior to the date of the Multi-Disciplinary Team meeting where the application will be discussed.
         (d)   Multi-Disciplinary Team meeting.  Multi-Disciplinary Team comments on the application shall be discussed with the applicant at the scheduled Multi-Disciplinary Team meeting. Following the Multi-Disciplinary Team meeting, the Director shall provide a written report to the applicant containing the written comments of the Multi-Disciplinary Team and instructions for proceeding with the review process.
         (e)   Multi-Disciplinary Team recommendation.  At the conclusion of the Multi-Disciplinary Team meeting at which the final plat and/or the final engineering plans and engineering reports are considered, the Multi-Disciplinary Team shall act in accordance with the following:
            1.   Recommend approval.  If the Multi-Disciplinary Team finds that the final engineering plans and engineering reports demonstrate that the layout, design, and engineering of the proposed subdivision and the final plat, and associated documents are in full compliance with all applicable regulations of this chapter, the Multi-Disciplinary Team shall act to approve the final plat and/or the final engineering plans and engineering reports for the proposed subdivision.
            2.   Recommend denial.  If the Multi-Disciplinary Team finds that the final plat and/or the final engineering plans or engineering report do not demonstrate that the layout, design, and engineering as well as all associated documents for the proposed subdivision are in full compliance with all applicable regulations of this chapter, the Multi-Disciplinary Team shall detail for the applicant the reasons for this determination and describe the type of additional information that may be necessary to demonstrate compliance. The Multi-Disciplinary Team also shall direct the applicant on the procedure for continuing with the review, and shall decide, based on the nature of the outstanding comments and concerns, whether or not the applicant shall be required to return for another Early Assistance Meeting.
         (f)   Resubmittals.  In instances when plans are not approved and a resubmittal is required, the applicant shall prepare the necessary plans and reports using previous Multi-Disciplinary Team comments as a guide, and shall contact the Director for a check-in meeting. At the check-in meeting, the applicant shall include a copy of the plans and reports to be resubmitted and a cover letter explaining how all comments have been addressed. Plans shall not be accepted unless a check-in meeting has been conducted or approval has been given by the Director to submit plans. The review procedure for resubmitted plans shall be conducted in accordance with initial submittal of the original application. (See subsections (F)(2)(a) through (F)(2)(e).) The Early Assistance Meeting may be waived if the Committee finds that the nature of the outstanding comments and concerns does not warrant another meeting.
      (3)   Notification of Early Assistance Meeting Action.  Within five days of the Multi-Disciplinary Team’s decision on a final plat and/or final engineering plan, and engineering reports, the Director shall provide the applicant with written notification of the Multi-Disciplinary Team’s decision. This notification shall include the following information:
         (a)   Approval.
            1.   A statement indicating the effect of approval;
            2.   The date on which preliminary plat approval had been given, if required, and all rights arising from, or created by, and when the approval will lapse (see subsection (E)(6) above);
            3.   Directions for continuing the plat approval process;
            4.   Directions for commencing construction activities in accordance with § 151.202; and
            5.   If the Multi-Disciplinary Team recommends approval, the recommendation shall be accompanied by instructions informing the applicant how to prepare the final plat, covenants, conditions and restrictions, agreements and subdivision assurances for action before the Planning, Building and Zoning Committee, or Director, when applicable.
         (b)   Denial.  If the Multi-Disciplinary Team recommends denial, the recommendation shall be accompanied by instructions for continuing the review process.
      (4)   Submittal of final plat, covenants, restrictions, agreements and assurances.  The applicant shall submit for review by the Director, the signed original final plat; the executed covenants and restrictions, if any; all executed agreements, if any; and the executed performance assurances, if any.
      (5)   Permits required.  The following permits may be required as part of final engineering and/or final plat approval. These permits shall be secured prior to the county approving the final engineering plans and/or final plat.
         (a)   Site development permit.  A site development permit shall be obtained from the Planning, Building and Development Department before beginning any construction or earth moving activity in connection with the proposed subdivision. The applicant may apply for this permit after Multi-Disciplinary Team approval of the final engineering plan and engineering reports. Before beginning construction, a preconstruction conference shall be held and restoration assurance shall be provided in accordance with the provisions of § 151.203 before issuance of a site development permit.
         (b)   Access permit.  If access to the proposed subdivision is obtained from a county highway, an access permit shall be obtained from the Lake County Division of Transportation, in accordance with the Lake County Highway Access Regulation Ordinance (see Chapter 91). The final engineering plans and engineering reports shall not be approved until an access permit, if required, has been obtained. If access to the proposed subdivision is obtained from a township road or state highway, an access permit shall be obtained from the appropriate township or state highway authority.
         (c)   Facility permit.  If the proposed subdivision is adjacent to a county highway, with or without proposed access to this highway, and work is required to be performed within the right-of-way of the county highway, a facility permit shall be obtained from the Lake County Division of Transportation, in accordance with the Lake County Highway Utility and Facility Placement Ordinance (see Chapter 92). The final engineering plans and engineering reports shall not be approved until the facility permit, if required, has been obtained. If access to the proposed subdivision is obtained from a state highway or township road, a facility permit shall be obtained from the appropriate township or state highway authority.
         (d)   Other required permits.  Applicants shall be responsible for ensuring that other local, county, state, and federal permit requirements have been met.
         (e)   Illinois Environmental Protection Agency and Army Corps of Engineers permits.  Before beginning any site development activity, permits shall be obtained from the Illinois Environmental Protection Agency and U.S. Army Corps of Engineers for sanitary sewer or water improvements, if applicable. A U.S. Army Corps of Engineers (USACE) permit shall be required for any work within a USACE wetland. An National Pollutant Discharge System permit may be required from the Illinois Environmental Protection Agency.
      (6)   Scheduling of Planning, Building and Zoning Committee meeting.  When this chapter requires the Planning, Building and Zoning Committee to act on a final plat, upon the Multi-Disciplinary Team finding that the final plat Mylar and any covenants, restrictions, agreements, and assurances are in the proper form, the Director shall prepare a report and recommendation for presentation to the Planning, Building and Zoning Committee. The Director also shall place the subdivision on the agenda of the next regularly scheduled Planning, Building and Zoning Committee meeting and shall notify the applicant of the date, time, and place of the meeting.
      (7)   Planning, Building and Zoning Committee or Director review and action.  The final plat shall be presented to the Planning, Building and Zoning Committee or the Director for action in accordance with Table 151.191(A). After considering the matter, the Planning, Building and Zoning Committee or Director shall act to approve or deny the proposed final plat. No final plat shall be approved unless it is found to be in full compliance with all applicable regulations of this chapter.
         (a)   Effect of Planning, Building and Zoning Committee or Director action.
            1.   Approval.  Upon Planning, Building and Zoning Committee or Director approving the final plat, the final plat, together with the other documents required by this chapter to be recorded with the plat, shall remain in the custody of the Director unless other arrangements are authorized by the Committee or Director. Within five days following approval, the applicant shall have the sole responsibility for recording the final plat and associated documents with the Lake County Recorder and for paying all costs associated with the recording of the documents. Upon recording, the final plat Mylar shall be returned to the applicant or surveyor of record for the subdivision. The official record of the final plat and associated documents shall be kept in the custody of the county.
            2.   Denial.  If the Planning, Building and Zoning Committee or Director denies a final plat, the applicant may:
               a.   Amend the final plat or obtain the additional information and documentation requested by the Planning, Building and Zoning Committee or Director and resubmit the subdivision for further review in accordance with subsection (F)(2); or
               b.   Appeal the decision of the Planning, Building and Zoning Committee or Director in accordance with the standards of § 151.192.
         (b)   Notification of Planning, Building and Zoning Committee or Director action.
            1.   Approval of final plat.  If the Planning, Building and Zoning Committee or Director act to approve the final plat, the Director shall provide written notification to the applicant including the following information:
               a.   The name, document number, and recording date of the final plat and each associated document recorded together with the plat;
               b.   The amount and date of expiration of the performance assurance, if any;
               c.   Directions for com-mencing construction activities, if construction has not already commenced, in accordance with § 151.202; and
               d.   Any conditions associated with approval of the final plat.
            2.   Recording of final plat.  Following recording of the final plat, the Planning, Building and Development Director also shall distribute an appropriate number copies of the recorded final plat to each member of the Multi-Disciplinary Team.
            3.   Denial of final plat.  If the Planning, Building and Zoning Committee or Director act to deny the final plat, the Planning, Building and Development Director shall provide written notification to the applicant including the following information:
               a.   A statement indicating final plat denial;
               b.   The reasons for disapproval as stated by the Planning, Building and Zoning Committee or Director;
               c.   Directions for resubmitting the final plat for further review; and
               d.   Directions for appealing the decision.
      (8)   Lapse of approvals.
         (a)   Lapse of final engineering plan and engineering report.  If the preliminary plat approval lapses (see subsection (E)(6)), or if a preliminary plat is not required and the developer fails to obtain final plat approval within 24 months of application for a final plat, Multi-Disciplinary Team approval of the final engineering plans and engineering reports shall also lapse and be of no effect.
         (b)   Lapse of final plat approval.  Planning, Building and Zoning Committee or Director approval of the final plat shall expire if the final plat and associated documents are not recorded with the Lake County Recorder within five days following approval unless other arrangements are authorized.
(Ord., § 10.7, passed 10-13-2009; Ord. passed - -)