(A) Pre-application conference procedure.
(1) Prior to the filing of an application for approval of the preliminary plan, the subdivider may request a pre-application conference with the Planning Commission for preliminary discussion of the proposed subdivision. This step does not require formal application, fee, or filing of the plat.
(2) The purpose of the pre-application conference is to afford the subdivider an opportunity to avail himself or herself of the advice and assistance of the Planning Commission before preparation of the preliminary plan and before formal application for its approval to save time and money, and to make the most of his or he opportunities.
(3) The subdivider may also consult with the City Engineer and the Building Inspector and avail himself or herself of the advice and assistance of these offices.
(4) The subdivider will receive assistance concerning the relationship of the land he or she proposes for subdividing with the Comprehensive Plan for the city and with other proposed subdivision plans and/or public improvements that might affect the area.
(5) The pre-application conference is recommended but is not a mandatory requirement of the subdivider.
(6) The conference will be scheduled at the convenience of the Planning Commission, subdivider, and other personnel attending this conference as requested by the Planning Commission.
(7) No fee will be required for the pre-application conference.
(B) Preliminary plan procedure.
(1) The subdivider shall cause to be prepared a preliminary plan, together with supplementary material as specified in this chapter.
(2) The subdivider shall submit the following items to the City Administrator for conditional approval of the preliminary plan:
(a) Three copies of the application for preliminary plan approval;
(b) Eight paper copies of the preliminary plan, also, provide electronic copy, if requested by city;
(c) Four copies of letter of zoning compliance from the Building Inspector;
(d) Four copies of the outline of protective covenants; and
(e) Any other data deemed necessary by the Planning Commission.
(3) At the time of filing for conditional approval of the preliminary plan, the application shall be accompanied by a certified check or money order, payable to the city, to cover the cost of checking and verifying the preliminary plan, in the amount of $150, plus $25 per lot.
(4) Upon the acceptance of the application by the City Administrator, the City Clerk shall deposit the check or money order in the General Fund.
(5) Upon receipt of the above documents and payment, the documents shall be marked with the official filing date.
(6) The City Clerk and the City Administrator each shall retain one copy of the preliminary plan and other documents submitted by subdivider.
(7) The remaining copies shall be forwarded to the City Planning Commission.
(8) The Planning Commission shall transmit copies of the preliminary plan to the City Engineer, Superintendent of Streets, utility companies, county engineer (if in unincorporated area of jurisdiction), School Board, and others as deemed necessary.
(9) The Planning Commission shall transmit one copy of outline of protective covenants to City Engineer. The officials and agencies shall make their review and recommendations to the Planning Commission within 30 days from the date of transmission.
(10) The Planning Commission may request additional copies of the preliminary plan, or additional information deemed necessary.
(11) In the event that the preliminary plan involves special problems, or is in conflict with the Comprehensive Plan, the Planning Commission shall inform the owner or subdivider of the problems or conflicts, and shall advise him or her of the time and place for a hearing before the Planning Commission.
(12) Following review of the preliminary plan and supporting material for conformity to these regulations, and following negotiations with the subdivider on changes deemed advisable, and the kind and extent of improvements to be made by him or her, the Planning Commission shall, within 60 days of the date the preliminary plan was marked officially tiled, express its approval as a conditional approval and shall state the condition of such approval, if any, or shall express its disapproval and its reasons therefor.
(13) Preliminary plan, approval. If the Planning Commission shall find that such proposed plan satisfies the requirements of this chapter, the Planning Commission shall endorse approval thereon in substantially the following language:
“The proposed plan of subdivision herein is approved and the Planning Commission now is ready to receive the final plat of said Subdivision for consideration. This is NOT an approval of the final plat
DATED
CITY OF LITCHFIELD PLANNING COMMISSION
By ”
(14) Preliminary plan, disapproval. If the Planning Commission shall find that such proposed plan does not satisfy the requirements and intentions of this chapter, it shall specify its objections by written findings and order, and the Planning Commission may thereupon disapprove such preliminary plan or may recommend approval thereof conditioned upon specific changes in the proposed plan to remove its objections.
(15) A subdivider may submit to the Planning Commission an amended preliminary plan for the purpose of complying with any order of the Planning Commission. In such event, prints thereof shall be so filed.
(16) The action of the Planning Commission shall be noted on four copies of the preliminary plan, referenced and attached to any conditions determined. One copy shall be returned to the subdivider; one copy shall be forwarded with a report, to the City Council; one copy shall be forwarded with a report to the City Engineer and the other copy retained by the Planning Commission.
(17) Conditional approval of a preliminary plan shall not constitute approval of the final plat. Rather, it shall be deemed an expression of approval to the layout submitted on the preliminary plan as a guide to the preparation of the final plat which will be submitted for approval of the Planning Commission, and for recording upon fulfillment of the requirements of these regulations and the conditions of the conditional approval, if any.
(C) Public improvement plans procedure.
(1) After the Planning Commission approval of the preliminary plan, the subdivider shall cause to be prepared detailed construction public improvement plans and specifications for the improvements for that portion or all of the approved preliminary plan which he or she proposes to record and develop at the time, provided, however, that such portion conforms to all requirements of these regulations. A certified check or money order, payable to the city, to cover the cost of checking and verifying the public improvement plans, in the amount of $50, plus $25 per lot shall be given to the City Clerk.
(2) Upon receipt of these final plans, the Planning Commission shall refer same to the City Engineer for his or her comments and corrections. The City Engineer shall review these plans for compliance with the city requirements, and shall return them, together with his or her recommendations, to the Planning Commission. The City Engineer may, at his or her discretion, confer with the engineer for subdivision concerning correction to the final plans prior to his or her final approval. All final plans shall be submitted on 24 inch by 36 inch maximum sheet size paper, and shall bear the signature and seal of the Illinois Registered Professional Engineer under whose directions they were prepared.
(3) When the improvement plans and specifications are determined to be in compliance with the requirements of this chapter and to the satisfaction of the City Engineer, the City Engineer shall indicate his or her approval and the date of approval on three sets of improvement plans to be retained by the Planning Commission. Until the City Engineer indicates his or her approval in writing that the proposed improvement plans and specifications conform to generally accepted engineering practices and to the standards imposed by this chapter, (a) the subdivider shall not allow construction of any part of the improvements and (b) the City Council shall not act upon the application for final plat approval.
(4) The Planning Commission shall then send written notice to the subdivider and his or her engineer that the improvement plans have been approved and the final plat can be submitted for approval.
(D) Final plat procedure.
(1) The subdivider shall make application to the Planning Commission for approval of a final plat.
(2) The following items shall be submitted to the Planning Commission as follows:
(a) Two copies of the final plat application;
(b) Five paper copies of final plat and vicinity map, with original, signatures;
(c) Final plat fees of $250;
(d) One of the following two items:
1. Approval by City Engineer that the improvements have been constructed in a satisfactory manner and related requirements have been satisfied as described elsewhere in this division (D); or
2. One copy of financial guarantees approved by the city’s Attorney in an amount stated by the City Engineer pursuant to this chapter;
(e) Recommendation by the Building Inspector to the Planning Commission for approval of lots in one of the following forms:
1. Approved for building sites. Access to public sewer is approved or individual sewage systems have been approved by Montgomery County; or
2. Approved for transfer of property. No building site approval granted; and
(f) A letter to be submitted by the Building Inspector to the Planning Commission, that the parcel or parcels of land created comply with existing City Zoning Ordinance.
(3) The final plat may, at the discretion of the subdivider, constitute only such portion of the tract covered in the preliminary plan as the subdivider proposes to record and develop. The remaining portion of the preliminary plan shall receive an automatic time extension of one year to be submitted in final form after approval of the initial portion of the tract. A further extension of time may be granted annually by the Planning Commission upon written request to continue approval of the unrecorded portion of the original preliminary plan where circumstances affecting further subdivisions under the plan have not substantially changed. If no final plat or no portion of the original preliminary plan has been submitted for approval and no written request to continue approval of the unrecorded portion of the original preliminary plan has been submitted within one year after the preliminary plan is approved, the preliminary plan shall be resubmitted by the subdivider for review and approval by the Planning Commission prior to submission of a final plat.
(4) The Planning Commission may request additional copies of any of the above items and any other additional information deemed necessary. Within ten working days after the date of a complete submission, the Planning Commission shall determine if all items as required by § 154.053 have been submitted. If all required items have not been submitted, the Planning Commission shall notify the subdivider of such omissions.
(5) Upon receipt of a final plat, the Planning Commission shall review the final plat and shall direct the City Clerk to send two copies thereof with a copy of the letter of transmittal from the Planning Commission to the City Engineer. City Engineer shall review final plat and provide written comments to the Planning Commission. Planning Commission shall notify subdivider of any deficiencies in the final plat and subdivider shall submit revised final plat.
(6) Within 30 days after application for approval of the Final Plat, the Planning Commission shall approve or disapprove a recommendation for approval by the City Council. If the Planning Commission approves, it shall affix upon the plat the signature of its chairman and secretary and the date signed. If it disapproves, it shall set forth its reason in its own records and provide the applicant with a copy.
(7) Should the Planning Commission determine to disapprove the final plat, written notice of such action, including reference to the regulations or regulation violated by the plat, shall be mailed to the subdivider. The action shall also be entered on the official records of the Planning Commission.
(8) In the event the Planning Commission shall fail to act upon the final plat within 30 days from the date of its official filing, or within a mutually agreed upon extension, the final plat shall be deemed to have been approved by the Commission.
(9) After approval of the final plat by the Planning Commission and the fulfillment of the requirements of these regulations, three paper copies of the final plat of the subdivision, shall be submitted to the City Council for approval. Planning Commission shall state in writing any variances or exceptions to the requirements of this chapter that are recommended by the Planning Commission and set forth its reasons for recommending same.
(10) The City Engineer shall notify the County Superintendent of Highways and the appropriate Township Highway Commissioner of the date, time and location of final inspections that occur outside of the city corporate boundary and within the one and one-half mile jurisdiction of the city in order that the County Superintendent of Highways and the township Highway Commission may participate in the inspection. The County Superintendent of Highways and the appropriate Township Highway Commissioner shall also be notified in writing when the final plat is submitted to the City Council for final approval.
(11) Within 60 days after the Planning Commission meeting to approve recommendation of the final plat, and after the City Engineer has recommended approval as required in this section, and after the required improvements either have been installed in the manner specified by this chapter, or that the surety bonds, certified checks or irrevocable letters of credit are in a form and amount sufficient to assure completion, the City Council may approve the final plat and authorize the Mayor to sign the approval of the plat for and in the name of the city, and the City Clerk to attest the same, and thereupon the original of the final plat shall be delivered to the subdivider.
(12) The certificate on the final plat shall be signed by the Chairman of the County Board of Supervisors and the County Clerk where the plat covers land in the unincorporated one and one-half mile fringe area.
(13) Final plat, recordation. When such final plat has been approved by the City Council, and is signed by the Mayor and the City Clerk, it may be recorded in the office of the Recorder of Deeds of Montgomery County, Illinois, along with a required filing fee.
(14) Acceptance of streets. For any final plat of subdivision which contains streets, thoroughfares or other public improvements reserved for dedication to public use, notwithstanding other provisions of this section required herein, the approval of the final plat by the City Council shall constitute the acceptance of such improvements and as provided by the Illinois “Plat Act” (ILCS Ch. 765, Act 205) as amended. If the streets and other public improvements are not completed on the date of the final plat approval, then the City Council shall accept the streets and other public improvements by a motion or an Ordinance at a subsequent City Council meeting provided that the requirements of § 154.052, Major Subdivisions are met and provided that the City Engineer recommends that the improvements be accepted.
(Ord. 3355, passed 11-6-2012)