11-1-5: APPLICABILITY:
   A.   Compliance Required:
      1.   No landowner may subdivide or plat or otherwise develop any land within the village or within its subdivision jurisdiction unless the procedures of this title are followed and the requirements of these development regulations are met.
      2.   No improvements, such as, but not limited to, sidewalks, water supply, stormwater drainage, sewerage facilities, gas service, electric service or lighting, or grading, paving or surfacing of streets, shall hereafter be made within any such subdivision by any owner or owners or his or their agent, or by any public service corporations at the request of such owner or owners or his or their agent until the plans for the subdivision and improvements have been approved by the village engineer and the village board of trustees and the subdivision plat has been recorded.
      3.   No plat of subdivision shall be valid or recorded, nor any street improvements made to the land, until the plan(s) of the subdivision or street improvements shall have been reviewed by the plan commission and approved by the board of trustees of the village in full compliance with the procedures and requirements provided in this title.
      4.   No property shall be subdivided in any manner without complying with the procedures and requirements of this title, and any such subdivision, which is accomplished by conveyance or otherwise, without complying with said procedures and requirements, shall be null and void and the subdivider thereof shall be subject to the penalties provided in this title.
   B.   Sales Prohibited Prior To Approval Of Final Plat:
      1.   No owner or agent of the owner of any parcel of land located in a proposed subdivision or other development shall transfer or sell such parcel before a final plan and, if applicable, a final plat of subdivision has been approved in accordance with the terms of these subdivision regulations.
      2.   No lot, tract or parcel of land within any such subdivision shall be offered for sale nor shall any sale, contract for sale, or option be made or given until such subdivision plans have been properly reviewed by the plan commission and officially approved by the village board of trustees.
   C.   Applicability: These development regulations shall be applicable to:
      1.   All subdivision of land within the corporate limits of the village.
      2.   All resubdivision of land heretofore platted within the corporate limits of the village.
      3.   All subdivision of land and the resubdivision of land heretofore platted within the subdivision jurisdiction of the village, except where the village has a boundary agreement with another municipality or the subdivision jurisdiction of another municipality overlaps the subdivision jurisdiction of the village.
         a.   Boundary agreements between the village and other municipalities will take precedence in determining the village's subdivision jurisdiction for unincorporated areas;
         b.   If another municipality's subdivision jurisdiction overlaps the subdivision jurisdiction of the village and there is no boundary agreement that applies, these development regulations shall be applicable to the territory from the corporate limits of the village to a line equidistant from its boundary and the boundary of the other municipality nearest to the village at any given point on the land.
      4.   All development other than subdivisions or resubdivisions which affect or relate to the need for public improvements and/or which includes or may include the installation thereof (present or proposed).
      5.   Any condominium development, any planned unit development, and any other residential, commercial or industrial building and/or other development on one or more lots, tracts or parcels of land which affects or relates to the need for public improvements and/or which includes or may include the installation thereof (present or proposed).
   D.   Exceptions: These development regulations shall not be applicable to the following situations, consistent with the definition of a "subdivision" as set forth in this chapter:
      1.   The division or subdivision of land into parcels or tracts of five (5) acres or more in size which does not involve any new streets or easements of access and which does not affect, or relate to the need for public improvements (present or future) and/or which includes or may include the installation thereof.
      2.   The sale or exchange of parcels of land between owners of adjoining and contiguous land but excluding any resubdivision of land heretofore subdivided or platted and which does not affect, involve or relate to the need for facilities (present or future) protecting the public health, safety and welfare and/or which includes or may include the installation thereof, and which does not result in the creation of any additional lots, and which does not result in creation of any lots or parcels which are nonconforming relative to the requirements of this title or pursuant to the requirements of the village of Lake Villa zoning ordinance.
      3.   The conveyance of parcels of land or interests therein for use as a right of way for railroads or other public utility facilities and other pipelines which does not involve any new streets or easements or access and which does not affect, or relate to the need for public improvements (present or future) and/or which includes or may include the installation thereof.
      4.   The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access and which does not affect or relate to the need for public improvements (present or future) and/or which includes or may include the installation thereof.
      5.   The conveyance of land for a road, street, highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use.
      6.   Conveyances made to correct descriptions in prior conveyances.
      7.   The sale or exchange of parcels or tracts of land following the division into no more than two (2) parts of a particular parcel or tract of land existing on July 17, 1959, and which does not involve any new streets or easements of access and which does not affect or relate to the need for public improvements and/or which includes or may include the installation thereof, and which does not result in creation of any lots or parcels which are nonconforming relative to the requirements of this title or pursuant to the requirements of the village of Lake Villa zoning ordinance. (Ord. 2015-03-02, 3-11-2015)