A. Dedications:
1. Areas Required To Be Dedicated:
a. Except where the village has approved the use of streets otherwise designated as private streets, all new streets created by subdivision and shown on the respective plats and/or plans submitted to the village for approval and recording shall be dedicated as public village streets.
b. Additional street widths shall be dedicated along existing thoroughfares where a width greater than that existing is called for by the village's official comprehensive plan or by these subdivision regulations.
c. Except where the village has approved the use of streets otherwise designated as private streets, crosswalks where required by this title, or wherever otherwise approved by the village, shall be dedicated to the village.
2. Identification Of Dedications: Areas to be dedicated shall be clearly identified on the plat or plan as dedicated to the public.
B. Easements:
1. Areas To Be Shown As Easements:
a. Public utilities, stormwater facilities and installations shall be located in suitable easements as specified in this title.
b. Planting strips or buffers shall be located between reverse frontage lots and a thoroughfare, or between incompatible uses, or wherever required.
2. Identification Of Easements: Easements shall be clearly identified on all plats (i.e., drainage easement or utility easement).
3. Easements On Final Plat: The language of all easements set forth on any final plat shall be as specified in section 11-5-4 of this title, appendix D, except as otherwise approved by the corporate authorities of the village, or by their designee.
C. Reservations:
1. Areas To Be Reserved: Whenever the area being subdivided embraces all or part of any lands designated in the official comprehensive plan for a school, park, or other community facility, or any other public use, all land so designated shall be shown on the preliminary plat as being dedicated or reserved for that proposed use, and it shall be reserved by the subdivider for a period of one year from the date of approval of the preliminary plat, during which time it shall be made available to the respective public agency at the undeveloped acreage price, as determined by an appraisal acceptable to both parties.
2. Reservations And Preliminary Plats:
a. Areas reserved shall be clearly identified on the preliminary plat as reserved in accordance with these subdivision regulations.
b. The preliminary plat shall also contain the proposals of the subdivider, as they might otherwise be platted, for the areas under reservation, to be applied in the event the land is not acquired by the public within the period of reservation.
c. Upon completion of the one year period of reservation, the preliminary plat shall remain a valid preliminary plat for the formerly reserved areas for a period of one year, subject to restrictions imposed by this title.
3. Reservations And Final Plats:
a. Where practicable, final plats shall not include areas reserved; said final plats should affect only that portion of the subdivider's land which is unrestricted by the reservations.
b. Where final plats must include areas reserved, such areas shall be clearly identified as reserved in accordance with these subdivision regulations and shall not contain any proposals of the developer.
c. Final plats may be submitted for reserved land unacquired by the public at the close of the one year period. Such plats will be considered additional units of the subdivisions for which initial final plats were recorded.
4. Reversion: If the appropriate public agency having jurisdiction has not, within one year of the approval of the preliminary plat, acquired the site reserved for a public use, the subdivider shall regain full and unencumbered title to the same, and may use it in any way, and for any purpose, permitted by the applicable regulations then in effect.
D. Right Of Refusal: The number, size, and location of dedications and easements shall be subject to approval, and the plan commission shall ascertain that the proposed sites are suitable for the proposed uses. The public retains the right to refuse any and all dedications.
E. Vacations:
1. Procedure: In all cases, the vacation of any plat, or part thereof, or any public right of way, easement, or part thereof, shall follow the procedure for the review of plats established in these subdivision regulations except that:
a. Final action shall be taken by the village board.
b. The plat officer shall recommend to the village board a sum to be paid by the owner(s) of abutting properties in consideration of any public property involved in the vacation.
2. Standards: The plat officer and the other administrative officers shall recommend disapproval of any petition for vacation which fails to meet the following standards:
a. No vacation shall be approved which creates a condition which would not be permitted under the standards of design set forth in these subdivision regulations, unless such vacation will at the same time correct a more serious condition which exists contrary to the standards of these subdivision regulations.
b. No vacation shall be approved which will result in a conflict with the official comprehensive plan of the village.
c. No vacation shall be approved which will result in a violation of the zoning ordinance or other applicable ordinances or regulations, unless such vacation will at the same time correct a more serious condition which exists contrary to such ordinances or regulations.
3. Petition Form And Content: The sketch and preliminary plat of vacation shall be accompanied by a certified statement of the assessed valuation of all properties surrounding any public right of way to be vacated. Final petitions for vacation shall include the following items:
a. Three (3) copies of the original plat certified by the recorder to be a true copy of same, on which is shown the portion to be vacated outlined in a heavy line and hatched;
b. The following deeds, petitions, and certificates, all drafted from models obtainable from the plat officer:
(1) Deed of vacation.
(2) Petition - three (3) copies.
(3) County clerk's certificate.
(4) Resolution.
(5) Assessor's certificate.
c. The petition as it is presented to the village board to be accompanied by a recommendation from the plat officer.
4. Easements: The vacation of any plat, or part thereof, or right of way, easement, or part thereof, shall not be deemed to be a vacation of the rights of any public utility where said public utility has installed its facilities therein. All such vacations shall be made upon the express condition that the abutting property owner(s) grants to all public utilities, their successors and assigns, the right of way or easement to operate, maintain, renew, and reconstruct their facilities, over, or under the public right of way or easement vacated and such condition shall be noted on the deed or plat of vacation and in the ordinance or resolution of vacation.
5. Bonds: The village may require the petitioner to furnish bond in an amount sufficient to protect the village, indemnifying it for any suit which may be filed for damages sustained as a result of such vacation.
6. Limitation: Nothing contained herein, nor any required certificate, shall be deemed in any way to limit the right and authority of the village to vacate any plat or part thereof, or any right of way or easement or part thereof where it finds that such vacation will serve the public interest.
7. Resubdivision In Lieu Of Vacation: It shall not be necessary to vacate a plat or part thereof in order to proceed with a resubdivision of said plat or part thereof. Resubdivision according to the procedures and standards for subdivision required by these subdivision regulations shall automatically constitute vacation of a prior plat or part thereof, provided that monetary remuneration shall be paid to the village in consideration of any excess public property vacated over that dedicated in the subdivision.
F. Open Space, Special Provisions: If the proposed subdivision or development will include open space, woodlands, wetlands, or other common areas, which the village board reasonably determines will require periodic inspections or land management techniques to comply with applicable laws, such as lands covered by a U.S. army corps of engineers' permit, or any other such lands, which the village board determines will or may need such periodic inspections or land management techniques, such as, but not limited to, mowing and landscape maintenance, periodic burning, replanting of native plant species, or preservation of animal habitats, the following shall be provided, except as expressly waived by the village board, as a condition precedent to final plat approval:
1. A cash escrow shall be deposited with the village in an amount deemed sufficient by the village board to assure the necessary funds to do all necessary or desirable inspections and land management techniques for a period of seven (7) years subsequent to final plat approval.
2. Through covenants or such other instrument as may be approved by the village board and village attorney, the developer shall consent to the immediate or deferred creation of a special service district, and waive any right, on behalf of itself, and all successor owners, to contest the creation of the district, the issuance of bonds, and the levy of taxes, to provide sufficient funds to do all required or reasonably necessary inspections and land management techniques, after the escrow funds are depleted. The district shall be created by the village at such time as it determines it is necessary or desirable to provide the necessary funds. It is the intention of this provision that the district will be created at such a time so that the tax revenue generated thereby will be available before the escrow funds are completely depleted. If the board is satisfied with the land management techniques and periodic inspections provided by the homeowners' association, it may, in its discretion, postpone indefinitely the creation of the district.
3. The developer may also be required, when deemed reasonably necessary by the village board, to improve or enhance the common areas, consistent with sound land management techniques and prudent environmental practices, prior to final plat approval, or such later time as approved by the village board. (Ord. 2015-03-02, 3-11-2015)