(A) Purpose. The rural residential and minor subdivision review and approval process is intended to expedite and to minimize public and private costs for the review of subdivisions which have little or no required public improvements, which have little or no existing or future public improvements, which will not negatively impact surrounding property in a manner significantly different than if the property had not been subdivided; and thus which do not require the Plan and Zoning Commission and the Board of Trustees to make policy decisions.
(B) Eligibly criteria minor subdivision. A minor subdivision is a subdivision of land into four or fewer lots which meets the following eligibility criteria:
(1) Does not require, under these subdivision regulations, the design or construction of any major public or quasi-public improvements, other than utility service connections and on-site stormwater drainage and detention; provided that if all required public improvements are in existence but do not meet current design standards, the Administrative Review Committee may at their option, approve a waiver or deferral of the design standards; and further provided that if public sanitary sewers or water supply are located more than 500 feet away from the proposed subdivision or are located in an area where extension of the water or sanitary sewer systems is not practical/ feasible, the Administrative Review Committee may, at their option, approve a waiver or deferral of the requirement for extension of public sanitary sewers and public water supply mains to serve the minor subdivision; and,
(2) Does not contain any major public stormwater drainage facilities, provided however that private stormwater drainage and detention facilities shall be provided via the provisions of the village stormwater management ordinance.
(3) Is in conformity with the village Comprehensive Plan, and Zoning Ordinance of the village or County of Champaign, whichever is applicable; and
(4) Is otherwise in conformity with all applicable laws and regulations, unless previously waived by the entity with jurisdiction; and
(5) Is located within the village or is otherwise the subject of an annexation agreement or annexation covenant which requires and sets forth the condition of its future annexation to the village; and
(6) Contains lots all of which front on an existing street or roadway, and not involving extension of any new street, or roadway.
(C) Eligibility criteria rural residential subdivision. A rural residential subdivision is a minor subdivision of land into four or fewer residential lots which meets the following additional eligibility criteria:
(1) Are located more than 500 feet from the nearest sanitary sewers and/or public water mains.
(2) The parent parcel is located more than 500 feet outside of the village but is the subject of an annexation agreement or annexation covenant which requires and sets forth the condition of its future annexation to the village; and
(3) Contains lots all of which are intended for single family residential use and a remainder parent parcel that is agriculturally productive.
(D) Application for minor or rural residential subdivision approval. The owner shall submit an application for minor or rural residential subdivision approval to the Village Planner. The application shall be accompanied by all applicable supporting documents including:
(1) The original of a final plat which conforms to the normal final plat requirements set for in § 154.039 and four full size copies, one 11 inch by 17 inch size copy, and one pdf electronic copy of the final plat.
(2) The original notarized signed owner’s certificate which shall include any and all covenants affecting the subdivision in the form generally set forth in § 154.039.
(3) The original signed and sealed County Clerk’s certificate that taxes are paid in accordance with statutory requirements.
(4) The original signed and sealed Village Treasurer’s certificate that village fees are paid in accordance with statutory requirements.
(5) The original signed school district statement.
(6) The surveyor’s statement to the Recorder of Deeds designating the Village of Mahomet to record the subdivision documents.
(7) A drainage statement signed by the owner and the owner’s engineer in the form prescribed in § 154.038(J). A complete subsidiary drainage plat will be required. However, the contour interval may be increased to two feet.
(8) A stormwater management plan shall be provided which complies with the provisions of the village stormwater management ordinance.
(9) Evidence indicating that one copy of the final plat has been mailed to each of the utility companies, and all public or quasi-public agencies affected by the proposed subdivision. The mailing documents must indicate that written comments be submitted to the village not later than 21 days thereafter, and that no comment in the time specified shall be deemed no adverse comment.
(10) Four copies of a sketch drawing depicting the location of any existing buildings, structures or man-made features on the proposed minor subdivision at a scale not less than one inch equals 100 feet. The sketch drawing shall be of sufficient detail to verify compliance with applicable zoning requirements. Lettering shall be not smaller than one-twelfth of an inch in height, and the drawing shall be readily legible without magnification. The Subsidiary Drainage Plat may also serve as the site sketch.
(11) List of waivers or deferrals requested, if any, along with a justification for the requests.
(12) Approval by any applicable outside agency as set forth in administrative rules.
(13) An application fee in the amount as established from time to time by resolution of the Board of Trustees.
(14) Any other documentation as set forth in § 154.038 that would be applicable to this site.
(E) Approval procedure. All required documents must be submitted to the Village Planner who will distribute the documents to the Administrative Review Committee. The review and approval decision shall be completed no later than 25 calendar days after submission of a complete application in full satisfaction of the provisions of division (D) of this section. Unanimous approval must be given by the Administrative Review Committee. Each member of the Administrative Review Committee shall sign the plat indicating approval. Failure of any of these signatures to appear on the face of the plat shall constitute plat denial. Approval must include affirmative findings that:
(1) All major public improvements, with the exception of utility service connections, exist at the subdivision site, or sufficient evidence has been presented to grant a waiver, or deferral or required construction or upgrade of existing or proposed public improvements to serve the site.
(2) The proposed development, will not:
(a) Impede the future use of the remainder of the property under the same ownership; or
(b) Make any existing or proposed lot or structure non-conforming, conforming; or
(c) Impede access to any remainder or adjoining land; or
(d) Conflict with the village Comprehensive Plan; or
(e) Violate the village flood hazard area ordinance or the Champaign County Special Flood Hazard Area Ordinance; or
(f) Violate the village zoning ordinance or the Champaign County Zoning Ordinance, whichever is applicable.
(3) All required documents, fees and data have been submitted and are in proper form and of correct content.
(4) A stormwater management plan has been submitted which is in compliance with the village stormwater management ordinance.
(5) All statutorily required approvals from other governmental agencies have been received, including approval by the Illinois Department of Transportation if the subdivision is located adjacent to a state maintained highway.
(6) The proposed subdivision meets the criteria established for designation as a “minor” or “rural residential” subdivision, including agreement to annex to the village at such time as the property becomes contiguous to the corporate limits.
(7) The subdivider has paid all applicable infrastructure development fees (if any).
(F) Infrastructure development fees.
(1) Infrastructure development fees are hereby established in lieu of the subdivider making roadway improvements, public sanitary sewer improvements, sidewalk improvements, or public water main improvements. The amount of infrastructure development fees shall be as established from time to time by resolution of the Board of Trustees.
(2) Fees collected by the village in lieu of construction of public infrastructure at the time of development shall be placed in an interest bearing account. Interest earned on such funds shall accrue to the fund. The funds collected shall only be used to pay for the construction of public infrastructure at any other locations where fees in lieu of public infrastructure construction were collected in the past. Fee in lieu of construction payments shall be made to the village prior to the final plat being recorded.
(G) Notification of applicant. The Administrative Review Committee shall notify the applicant in writing of the outcome of the review, and furnish the reasons or evidence for denial or approval of the subdivision to the applicant and to the Village Board of Trustees.
(H) Limitation on minor or rural residential subdivision plat approval. After approval of the final plat for a minor or rural residential subdivision, the final plat may be recorded by the subdivider with the Recorder of Deeds, Champaign County, Illinois within 180 days of the date of approval; otherwise the subdivision approval shall become void.
(I) Sidewalk/pathway waiver.
(1) If sidewalks/pathways do not exist within or adjacent to the proposed minor or rural residential subdivision as required by these regulations, an administrative waiver from immediate sidewalk/pathway construction may be requested. The decision to grant the sidewalk/pathway waiver shall be made by the Administrative Review Committee based on the following criteria:
(a) Lack of sidewalks/pathways in the immediate vicinity;
(b) The minor subdivision is located on a street which is in need of reconstruction;
(c) Unique site conditions, such as uneven topography, vegetation, and the like, make immediate sidewalk construction not feasible;
(2) If granted, the sidewalk/pathway waiver within a minor or rural residential subdivision shall be conditioned upon the owner’s recording a covenant, approved by the Village Attorney, that states any current or future owners of the property will not object to any special assessment for sidewalk/pathway construction, if deemed necessary by the village in the future.
(J) Sanitary sewer and water main extensions.
(1) If sanitary sewers and public water mains do not exist within 1,000 feet of a rural residential subdivision, the requirement for extension of sanitary sewers or water mains shall be waived. However, the extension waiver shall be conditioned upon the owners recording a subdivision covenant, approved by the Village Attorney, that states that any current or future owners of the property will not object to any special assessment for sanitary sewer or water main construction, if deemed necessary by the village in the future. Alternatively, an infrastructure development fee as established by resolution of the Board of Trustees may be paid in lieu of a commitment for future construction.
(2) If sanitary sewers and/or public water mains exist within 500 feet of a rural residential subdivision the Village Administrative Review Committee shall deny the application for approval of a rural residential subdivision, and shall require review and approval of the subdivision as a major subdivision.
(K) Adjacent substandard roadway improvements. Any applicant developing a minor or rural residential subdivision bordering one (1) or more roadways or street pavements is obligated to upgrade and improve the street pavement to bring it to the minimum standards set forth elsewhere in this chapter. Developer may, in lieu of construction of isolated street pavement construction, contribute the equivalent cost via payment of the established infrastructure development fee.
(L) Restriction on frequency of minor subdivision approval. The same property may not be subdivided by use of the minor subdivision approval process more frequently than once in any five year period.
(M) Appeals of minor and rural residential subdivision decisions. The applicant may appeal the decision of the Administrative Review Committee to deny a proposed minor or rural residential subdivision plat to the Village Plan and Zoning Commission within ten days of the Administrative Review Committee’s written notification of their decision to deny. Such request for appeal shall be made in writing to the Village Planner. Following the written request for appeal, the Village Planner shall schedule the appeal request before the Plan and Zoning Commission at its next regularly scheduled meeting. The Plan and Zoning Commission shall recommend to approve or deny the plat, in accordance with the requirements of these regulations, and shall forward their recommendation to the Village Board of Trustees for consideration at their next regularly scheduled meeting. The Board of Trustees shall approve or deny the plat in accordance with the requirements for a final plat, as set forth elsewhere in these regulations.
(N) Certificate on final plat. The following certificate shall appear on the final plat:
APPROVED:
APPROVAL OF THIS MINOR SUBDIVISION FINAL PLAT IS HEREBY GRANTED UNDER THE AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MAHOMET. THIS PLAT SHALL BE RECORDED WITH THE RECORDER OF DEEDS OF CHAMPAIGN COUNTY, ILLINOIS, WITHIN ONE
HUNDRED AND EIGHTY (180) DAYS OF THIS DATE, OTHERWISE THIS PLAT SHALL BECOME VOID.
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PRESIDENT, BOARD OF TRUSTEES DATE
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VILLAGE ADMINISTRATOR DATE
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VILLAGE PLANNER DATE
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VILLAGE ENGINEER DATE
(Ord. 15-12-01, passed 12-15-2015)