(A) Purpose. The certificate of exemption is intended to allow minor conveyances of property between contiguous land owners through an administrative review process. This is an administrative procedure; that does not require review by the Plan and Zoning Commission or Village Board of Trustees. The proposed exemption is sent for outside agency review, and then it is administratively approved by village staff.
(B) When certificate of exemption may apply. The owner of subdivided land may apply for a certificate of exemption if:
(1) Only two parcels or lots are involved in the transaction;
(2) Both resultant parcel(s) or lot(s) must comply with applicable zoning ordinance requirements;
(3) The total number of resulting parcels or lots is not increased from the number existing prior to the subdivision; and
(4) The land division is exempt from the plat requirements of the Plat Act, ILCS Ch. 765, Act 205, §§ 0.01 et seq.
(C) Form of application and required documents. The owner shall submit an application for a certificate of exemption from the subdivision review process to the Village Planner. A completed application should include the following items:
(1) Legal description(s) of the proposed lots after the subdivision.
(2) Legal description(s) of the existing lots before the subdivision.
(3) The current permanent index numbers assigned by the County Assessor to the existing lot(s).
(4) Names and addresses of the property owners (grantor and grantee).
(5) One copy of all supporting materials.
(6) An application fee as set from time to time by resolution of the Board of Trustees of Mahomet.
(7) Survey plat. A plat of survey prepared by a licensed professional land surveyor showing the existing and proposed lots. Four full size (22 inch by 34 inch) copies, one half size (11 inch by 17 inch) copy and one pdf electronic copy of the proposed plat of survey shall be submitted for review. The plat shall show:
(a) The length of all boundary lines of all adjacent streets, lots, grounds, easements, rights-of-way and information sufficient to derive the length of these lines. All dimensions shall be shown to hundredths of a foot, except in the case of riparian boundaries, which may be described to the nearest foot. A written legal description of the existing tracts and identification of the proposed parcel shall be necessary in order for a legal transaction to take place for the land being conveyed. Parcels shall be numbered sequentially.
(b) The width of all rights-of-way and easements adjacent to, impacting or serving the tract shall be indicated.
(c) The right-of-way of the adjacent roadways shall be indicated.
(d) Drawn in ink on 20 pound bond or better paper not larger than 22 inches by 34 inches.
(e) The location of the site by distance and bearings from astronomical or assumed north and angles with reference to corners established in the United States Public Land Survey.
(f) The location of the site indicated by quarter section, township, range, meridian, county, and state.
(g) The description and location of all subdivision and public land survey system survey monuments.
(h) Drawn to scale with north arrow and scale bar; with all capital lettering not less than one-tenth inch in size.
(i) The location of existing buildings.
(8) Proposed deeds.
(9) Utility approval. All utility companies and public entities with roads, sewers, drainage facilities or easements within or adjacent to the proposed area to be platted must approve the configuration of the proposed subdivision and evidence of their approval must be submitted with the application for a certificate of exemption.
(10) Other such information as the Village Planner may request.
(D) Review process.
(1) Village staff shall review the application for completeness and accuracy within approximately ten business days. Any issues or concerns shall be identified and communicated to the applicant(s) by village staff.
(2) By definition, a property intended to receive a certificate of exemption shall comply with all applicable village zoning ordinance requirements, unless a variance has been previously granted by the Village of Mahomet Zoning Board of Appeals.
(E) Approval. The Village Planner will approve the certificate of exemption within approximately ten working days of receipt of a complete application, documents and subdivision fee. If it is not approved in this time period, unless the applicant requests that action be delayed, the certificate of exemption shall be deemed to be disapproved. If not approved, the Village Planner shall notify the owner in writing within seven days of denial.
(F) Issuance of certificate. When the Village Planner finds the certificate of exemption meets the criteria for approval, then the Village Administrator and President of the Board of Trustees shall approve the certificate of exemption on behalf of the village. Their signatures on the certificate of exemption shall be evidence of its approval.
(G) Time limitation. If the certificate of exemption has not been recorded with the Champaign County Recorder’s Office within 90 days of approval, it shall be null and void.
(H) Restriction on recording. The certificate of exemption shall not be recorded except contemporaneously with the plat of survey of the properties and with the deeds indicating the transfer of the parts of the existing lot(s) as approved by the village.
(I) Certificate of approval. A certificate of approval, in a form as set forth by administrative rule, shall be recorded contemporaneously with the plat of survey.
(Ord. 15-12-01, passed 12-15-2015)