Loading...
All regulations, procedures and standards made applicable herein to original subdividing shall also apply to the re-subdividing and replatting of a plat or parts thereof, as provided by these regulations.
(A) Procedure for re-subdivision. For any change of an approved or recorded subdivision plat, if the change affects any street layout shown on the Plat, or area reserved thereon for public use, or if it affects any map or plan legally reached prior to the adoption of any regulations controlling subdivision, such parcel shall be approved by the Plan and Zoning Commission and Village Board of Trustees by the same procedure, rules and regulations as for review and approval of a subdivision, or if the subdivision is classified as a minor subdivision, under the procedures as set forth for review and approval of a minor subdivision or if the subdivision meets the criteria for a certificate of exception, such regulations and procedures shall apply.
(B) Procedure for subdivisions where future re-subdivision is indicated. Whenever a parcel of land is subdivided and the subdivision plat shows one or more lots containing more than one acre of land and there are indications that the lots will eventually be re-subdivided into smaller building sites, the Plan and Zoning Commission and Village Board of Trustees may require that such parcel of land allow for the future opening of streets and the ultimate extension of adjacent streets. Easements providing for the future opening and extension of such streets may be made a requirement of the plat.
(C) Vacation of plats.
(1) Any plat or any part of any plat may be vacated by the owner of the premises, at any time before the sale of any lot therein, by written instrument, to which a copy of such plat shall be attached, declaring the same to be vacated.
(2) Such an instrument shall be approved by the Board of Trustees in a like manner as plats of subdivisions. The governing body may reject any such instrument which abridges or destroys any public rights in any of its public uses, improvements, streets or alleys.
(3) Such an instrument shall be executed, acknowledged or approved, and recorded and filed, in like manner as plats of subdivision; and being duly recorded or filed shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alley, and public grounds, and all dedications laid out or described in such plat.
(4) When lots have been sold, the plat may be vacated in the manner herein provided the vacation is approved by all the owners of lots in the plat joining in the execution of such in writing.
(Ord. 15-12-01, passed 12-15-2015)
(A) Planned unit developments shall follow all applicable procedures of a regular subdivision.
(1) Planned unit developments within the village shall follow all applicable procedures, standards, and requirements for the subdivision of land as set forth in this chapter, and shall comply with the regulations concerning large scale developments, as set forth in the village zoning ordinance.
(2) Before any person may undertake any construction, alteration or erection of any civil engineering facilities, infrastructure or improvements as part of a planned unit development within the village’s one and one-half mile extra-territorial area, of which the County of Champaign must give zoning approval, that person shall first obtain approval of the village as to the matters set forth in this chapter.
(B) Application requirements for planned unit development within the village extra-territorial region.
(1) The developer shall submit four copies of the planned unit development plan that the applicant has filed with the County of Champaign accompanied by an application fee as determined from time to time by resolution of the Village Board of Trustees.
(2) The development plan must include all of the following information:
(a) Name, location of address, owner and designer of the proposed development in the form of drawings or written statements; and
(b) A legal description of the site proposed for development; and
(c) A general area plan drawing reflecting the intended use, future public streets and private drive locations, and adjacent areas when the proposed planned unit development is intend to represent a single phase of a longer range development; and
(d) Location of all property lines, existing streets, easements, utilities, and any other significant physical features; and
(e) Date, north arrow, and graphic scale (note less than one inch equal 100 feet) all on drawings submitted; and
(f) All drawings shall be submitted on sheets no larger than 33 inches by 51 inches, with lettering that is in all capitals of not less than one-tenth of an inch in height. All drawings shall be readily legible without magnification.
(g) Present and proposed zoning (if applicable); and
(h) Indication and location of existing conditions on the tract including:
1. Contour lines at a minimum of one foot intervals;
2. Watercourses and existing drainage facilities;
3. Wooded areas and isolated trees of 6 inches or more in diameter;
4. Existing structures with an indication of those that will be removed and those that will be retained as a part of the development; and
(i) Indication of the area surrounding the tract with respect to land use, peculiar physical conditions, public facilities and existing zoning; and
(j) A site plan indicating, among other things, the general location of the following:
1. All buildings, structures and other improvements;
2. Common open spaces;
3. Off-street parking facilities and number of spaces to be provided;
4. Sidewalks;
5. Illuminated areas;
6. Use of open spaces being provided;
7. Screening or buffering of the tract perimeters;
8. Indication as to which streets will be public and which drives will be private;
9. All utilities including storm drainage, sanitary sewers, and water service;
10. All intended easements.
11. Such other documents explaining unusual circumstances as the Plan and Zoning Commission may require; and
(k) Quantitative data indicating the following:
1. Total number of dwelling units;
2. Proposed lot coverage of buildings and structures (percent of total);
3. Approximate gross and net residential densities (excluding all streets and roadways);
4. Such other calculations as the Plan and Zoning Commission may require including, but not limited to information relating to traffic generation impact and stormwater run-off; and
(l) A development schedule indicating the following:
1. The approximate date when construction of the project can be expected to begin;
2. The stages in which the project will be built and the approximate dates when construction of each stage can be expected to begin;
3. The approximate dates when the development of each of the stages in the development will be completed;
4. The area and location of common open space that will be provided at each stage; and
(m) A statement as to the applicant’s intention of selling or leasing all or a portion of the planned unit development after the project is developed. If applicable, the conditions of sale and maintenance of such developed properties shall be stipulated. Any covenants, deed restrictions or other similar agreements between the applicant and future owners shall be presented.
(C) Public hearing.
(1) Upon receipt of the planned unit development application, the Village Planner shall set a public hearing date in accordance with the Plan and Zoning Commission’s usual procedures for considering a conditional use. Within 30 days after the public hearing the Plan and Zoning Commission shall recommend approval or disapproval or, at the request of the developer, continued discussion pertinent to the development plan. The Plan and Zoning Commission shall consider the proposed planned unit development in accordance with:
(a) The definition and goals as indicated herein.
(b) The minimum requirements as set forth herein.
(c) Compliance with the Mahomet Comprehensive Plan, including the Land Use Plan and Major Street Plan.
(2) The Plan and Zoning Commission shall send its recommendation to the Board of Trustees. Approval of the planned unit development by the Board of Trustees shall constitute approval of matters governed by this subchapter.
(D) Standards and requirements. Unless the Plan and Zoning Commission expressly recommends waivers thereof, the following shall be the standards for a planned unit development reviewed under this subchapter:
(1) Fire and emergency access. Provisions for fire and emergency access shall be subject to applicable codes and be reviewed and commented on by the fire chief; and
(2) Street construction. Street construction, whether such be public or private streets, shall be made in conformance with the chapter, minimum pavement widths for private drives shall be 12 feet for the first lane of traffic in each direction and 12 feet for each additional lane; and
(3) Exterior lighting facilities. Exterior lighting facilities within the developed site shall be of such quality to promote safety and convenience, and shall conform to the national electrical code and the requirements of this chapter; and
(4) Sanitary sewers. Sanitary sewers shall conform to the Standard Specifications for Water and Sewer Main Construction in Illinois and the requirements of this chapter; and
(5) Storm drainage. Storm drainage shall be of urban design with storm sewers and street inlets; shall conform to the Standard Specifications for Water and Sewer Main Construction in Illinois; shall conform to the village stormwater management ordinance, as amended; and shall conform to this chapter; and
(6) Water supply. Public water supply shall be provided. All water mains shall conform to the Standard Specifications for Water and Sewer Main Construction in Illinois, and the requirements of this chapter.
(E) Plans and specifications.
(1) The subdivider shall cause construction plans and specifications to be prepared for all improvements required or regulated by this chapter. The improvements shall be designed to conform to the minimum standards set forth in this chapter and shall also conform to the minimum standards and requirements of other local, state, and federal authorities which have jurisdiction over the subdivision. construction plans and specifications shall be prepared under the supervision of an engineer licensed pursuant to the laws of the State of Illinois and shall bear the engineer’s seal and signature.
(2) The subdivider shall submit construction plans and specifications to the village for review prior to the commencement of construction of any improvements required or regulated by this chapter. Village staff shall review construction plans and specifications for conformance to this chapter. Village staff shall endeavor to complete review of the construction plans and specifications within three weeks of submittal of the plans and supporting materials.
(3) Construction of improvements required or regulated by this chapter shall not commence until the Village Engineer and Board of Trustees have approved, in writing, construction plans and specifications for the improvements.
(4) The form and content of the construction plans shall be as set for in § 154.042.
(F) Construction bond. All publically and privately owned public type improvements, facilities and development required by this chapter shall be guaranteed in a form approved by the Village Attorney, and shall be delivered to guarantee construction of the required improvements. The form of the performance bond and surety shall be as set for in § 154.047. Any such guarantee shall be at a rate of 115% of the estimated cost of construction as determined by the Village Engineer. Any guarantee shall only be released upon the certification by the developer’s engineer (with the approval of the Village Engineer) that the public type improvements and facilities have been constructed in compliance with the construction plans and specification for such public type facilities and improvements.
(G) Maintenance bond. After inspection and acceptance of the facilities and improvements, but before release of the construction bond for all of the facilities and improvements, a deposit shall be made to the village in cash or maintenance bond equal to 20% of the estimated cost of the public facilities and improvements. This deposit shall be a guarantee of satisfactory performance of the facilities constructed for and within the planned unit development and satisfactory maintenance and operation of the publicly and privately owned facilities necessary to the health, safety, and convenience of the tenants or successor to the applicant.
(1) The surety for the publicly owned facilities shall be held by the village for a period of 18 months after acceptance by the village of publicly owned facilities; and
(2) The balance of the surety is to remain in effect as long as the public type facilities remain in private ownership. Nothing in the above maintenance guarantee clause should be constructed to prevent the filing of two maintenance guarantees, one for publicly owned public facilities and one for privately owned public facilities. After 18 months, the deposit covering the maintenance of publicly owned public facilities shall be refunded if no defects have developed, then the balance of such deposit shall be refunded after reimbursement for amounts expended in correcting defective facilities. The guarantee maintenance surety under this paragraph shall be made immediately upon inspection and approval by the Village Engineer of the construction of all facilities, but prior to release of the construction guarantee.
(H) Application fee. The submittal or re-submittal of a planned unit development (be it within the corporate limits of the village, or within the one and one-half mile extra-territorial jurisdictional area of the village) shall be accompanied by an application fee made payable to the village. The payment of this fee shall be in addition to any others fees required by this or any other chapter. The amount of the fee may be as established from time to time by resolution of the Village Board of Trustees.
(Ord. 15-12-01, passed 12-15-2015)
(A) Mobile home parks shall follow all applicable procedures of a regular subdivision.
(1) Mobile home parks within the village shall follow all applicable procedures, standards, and requirements for the subdivision of land as set forth in this chapter, and shall comply with the regulations concerning large scale residential developments, as set forth in the village zoning ordinance.
(2) Before any person may undertake any construction, alteration or erection of any civil engineering facilities, infrastructure or improvements as part of a mobile home park within the village’s one and one-half mile extra-territorial area, of which the County of Champaign must give zoning approval, that person shall first obtain approval of the village as to the matters set forth in this chapter.
(B) Application requirements for mobile home parks within the village extra-territorial region.
(1) The developer shall submit four copies of the mobile home park plan that the applicant has filed with the County of Champaign accompanied by an application fee as determined from time to time by resolution of the Village Board of Trustees.
(2) The development plan must include all of the following information:
(a) Name, location of address, owner and designer of the proposed development in the form of drawings or written statements; and
(b) A legal description of the site proposed for development; and
(c) A general area plan drawing reflecting the intended use, future public streets and private drive locations, and adjacent areas when the proposed planned unit development is intend to represent a single phase of a longer range development; and
(d) Location of all property lines, existing streets, easements, utilities, and any other significant physical features; and
(e) Date, north arrow, and graphic scale (note less than one inch equal 100 feet) all on drawings submitted; and
(f) All drawings shall be submitted on sheets no larger than 33 inches by 51 inches, with lettering that is in all capitals of not less than one-tenth of an inch in height. All drawings shall be readily legible without magnification.
(g) Present and proposed zoning (if applicable); and
(h) Indication and location of existing conditions on the tract including:
1. Contour lines at a minimum of one foot intervals;
2. Watercourses and existing drainage facilities;
3. Wooded areas and isolated trees of six inches or more in diameter;
4. Existing structures with an indication of those that will be removed and those that will be retained as a part of the development; and
(i) Indication of the area surrounding the tract with respect to land use, peculiar physical conditions, public facilities and existing zoning; and
(j) A site plan indicating, among other things, the general location of the following:
1. All buildings, structures and other improvements;
2. Common open spaces;
3. Off-street parking facilities and number of spaces to be provided;
4. Sidewalks;
5. Illuminated areas;
6. Use of open spaces being provided;
7. Screening or buffering of the tract perimeters;
8. Indication as to which streets will be public and which drives will be private;
9. All utilities including storm drainage, sanitary sewers, and water service;
10. All intended easements.
11. Such other documents explaining unusual circumstances as the Plan and Zoning Commission may require; and
(k) Quantitative data indicating the following:
1. Total number of dwelling units;
2. Proposed lot coverage of buildings and structures (percent of total);
3. Approximate gross and net residential densities (excluding all streets and roadways);
4. Such other calculations as the Plan and Zoning Commission may require including, but not limited to information relating to traffic generation impact and stormwater run-off; and
(l) A development schedule indicating the following:
1. The approximate date when construction of the project can be expected to begin;
2. The stages in which the project will be built and the approximate dates when construction of each stage can be expected to begin;
3. The approximate dates when the development of each of the stages in the development will be completed;
4. The area and location of common open space that will be provided at each stage; and
(m) A statement as to the applicant’s intention of selling or leasing all or a portion of the mobile home park after the project is developed. If applicable, the conditions of sale and maintenance of such developed properties shall be stipulated. Any covenants, deed restrictions or other similar agreements between the applicant and future owners shall be presented.
(C) Public hearing.
(1) Upon receipt of the mobile home park application, the Village Planner shall set a public hearing date in accordance with the Plan and Zoning Commission’s usual procedures for considering a conditional use. Within 30 days after the public hearing the Plan and Zoning Commission shall recommend approval or disapproval or, at the request of the developer, continued discussion pertinent to the development plan. The Plan and Zoning Commission shall consider the proposed mobile home park in accordance with:
(a) The definition and goals as indicated herein.
(b) The minimum requirements as set forth herein.
(c) Compliance with the Mahomet Comprehensive Plan, including the Land Use Plan and Major Street Plan.
(2) The Plan and Zoning Commission shall send its recommendation to the Board of Trustees. Approval of the mobile home park by the Board of Trustees shall constitute approval of matters governed by this subchapter.
(D) Standards and requirements. Unless the Plan and Zoning Commission expressly recommends waivers thereof, the following shall be the standards for a mobile home park reviewed under this subchapter:
(1) Fire and emergency access. Provisions for fire and emergency access shall be subject to applicable codes and be reviewed and commented on by the fire chief; and
(2) Street construction. Street construction, whether such be public or private streets, shall be made in conformance with the chapter, minimum pavement widths for private drives shall be 12 feet for the first lane of traffic in each direction and 12 feet for each additional lane; and
(3) Exterior lighting facilities. Exterior lighting facilities within the developed site shall be of such quality to promote safety and convenience, and shall conform to the national electrical code and the requirements of this chapter; and
(4) Sanitary sewers. Sanitary sewers shall conform to the Standard Specifications for Water and Sewer Main Construction in Illinois and the requirements of this chapter; and
(5) Storm drainage. Storm drainage shall be of urban design with storm sewers and street inlets; shall conform to the Standard Specifications for Water and Sewer Main Construction in Illinois; shall conform to the Village Stormwater Management Ordinance, as amended; and shall conform to this chapter; and
(6) Water supply. Public water supply shall be provided. All water mains shall conform to the Standard Specifications for Water and Sewer Main Construction in Illinois, and the requirements of this chapter.
(E) Plans and specifications.
(1) The subdivider shall cause construction plans and specifications to be prepared for all improvements required or regulated by this chapter. The improvements shall be designed to conform to the minimum standards set forth in this chapter and shall also conform to the minimum standards and requirements of other local, state, and federal authorities which have jurisdiction over the subdivision. construction plans and specifications shall be prepared under the supervision of an engineer licensed pursuant to the laws of the State of Illinois and shall bear the engineer’s seal and signature.
(2) The subdivider shall submit construction plans and specifications to the village for review prior to the commencement of construction of any improvements required or regulated by this chapter. Village staff shall review construction plans and specifications for conformance to this chapter. Village staff shall endeavor to complete review of the construction plans and specifications within three weeks of submittal of the plans and supporting materials.
(3) Construction of improvements required or regulated by this chapter shall not commence until the Village Engineer and Board of Trustees have approved, in writing, construction plans and specifications for the improvements.
(4) The form and content of the construction plans shall be as set for in § 154.042.
(F) Construction bond. All publically and privately owned public type improvements, facilities and development required by this chapter shall be guaranteed in a form approved by the Village Attorney, and shall be delivered to guarantee construction of the required improvements. The form of the performance bond and surety shall be as set for in § 154.047. Any such guarantee shall be at a rate of 115% of the estimated cost of construction as determined by the Village Engineer. Any guarantee shall only be released upon the certification by the developer’s engineer (with the approval of the Village Engineer) that the public type improvements and facilities have been constructed in compliance with the construction plans and specification for such public type facilities and improvements.
(G) Maintenance bond. After inspection and acceptance of the facilities and improvements, but before release of the construction bond for all of the facilities and improvements, a deposit shall be made to the village in cash or maintenance bond equal to 20% of the estimated cost of the public facilities and improvements. This deposit shall be a guarantee of satisfactory performance of the facilities constructed for and within the planned unit development or trailer court and satisfactory maintenance and operation of the publicly and privately owned facilities necessary to the health, safety, and convenience of the tenants or successor to the applicant.
(1) The surety for the publicly owned facilities shall be held by the village for a period of 18 months after acceptance by the village of publicly owned facilities; and
(2) The balance of the surety is to remain in effect as long as the public type facilities remain in private ownership. Nothing in the above maintenance guarantee clause should be constructed to prevent the filing of two maintenance guarantees, one for publicly owned public facilities and one for privately owned public facilities. After 18 months, the deposit covering the maintenance of publicly owned public facilities shall be refunded if no defects have developed, then the balance of such deposit shall be refunded after reimbursement for amounts expended in correcting defective facilities. The guarantee maintenance surety under this paragraph shall be made immediately upon inspection and approval by the Village Engineer of the construction of all facilities, but prior to release of the construction guarantee.
(H) Application fee. The submittal or re-submittal of a development plan which includes a mobile home park (be it within the corporate limits of the village, or within the one and one-half mile extraterritorial jurisdictional area of the village, as such term is defined in the village zoning ordinance) shall be accompanied by an application fee made payable to the village. The payment of this fee shall be in addition to any others fees required by this or any other chapter. The amount of the fee may be as established from time to time by resolution of the Village Board of Trustees.
(Ord. 15-12-01, passed 12-15-2015)
(A) All subdivision and planned unit development proposals shall be consistent with the need to minimize flood damage by complying with the requirements of this chapter and the village flood hazard area ordinance or the county special flood hazard area ordinance.
(B) Plats or plans for new subdivisions and planned unit developments shall display the following flood data:
(1) Boundary of the special flood hazard area and the boundary of the floodway, if shown on available flood boundary, floodway map and flood insurance rate maps.
(2) Easements or lands dedicated to the public for channel maintenance purposes; and
(3) The base flood elevation for each building site.
(C) Encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited within special flood hazard areas, unless the technical evaluation of the developer’s engineer demonstrates that encroachments shall not result in any significant increase in flood levels during the occurrence of the 100 year flood event.
(D) When a subdivision or part thereof is located in a flood-prone area as designated by the Federal Emergency Management Agency (FEMA) for which no base flood elevation has been provided, or is located near to a waterway with a watershed tributary area of 640 acres or more, the subdivider shall provide, at his or her own expense, such hydrologic and hydraulic design data and calculations and utility and drainage plans as may be required by the village to assure that the subdivision is consistent with the need to minimize or eliminate flood damage, in accordance with the village flood hazard area development ordinance or the county special flood hazard area ordinance.
(E) If a FEMA letter of map revision or letter of map amendment is required, it shall be acquired prior to recording of the final plat.
(F) The village shall review all subdivision plats and plans to assure that proposals are consistent with the need to minimize or eliminate flood damage. Proposed locations of utilities such as sewer, gas, electric, and water shall be located so as to minimize or eliminate flood damage to utilities. The subdivider’s engineer shall show such utilities requiring special flood hazard protection on all construction plans.
(G) Agricultural subdivisions shall be exempt from the requirements of the village special flood hazard area ordinance requirements for subdivision purposes.
(Ord. 15-12-01, passed 12-15-2015)
Provisions shall be made to grant access for future development of unplatted adjacent land at intervals of not more than one-quarter mile. This applies to utilities as well as streets. Utilities and street stubs shall be extended to the outer edge of the development where applicable.
(Ord. 15-12-01, passed 12-15-2015)
(A) Easements for public utilities shall be provided for the installation of telephone, gas, electric, cable television and other utilities. In general, an easement of at least ten feet in width shall be required at locations as designated by the Village Planner, or as requested by the utility companies.
(B) Maintenance easements shall be provided around storm sewers, sanitary sewers, water mains, and other similar utilities when these facilities are located outside of the public street right-of-way. The size of the easement shall be dictated by working needs. In general, an easement of at least 15 feet in width shall be required.
(C) When a subdivision is bordered or traversed by an established stream, established drainage way or channel, there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of same, and such easement shall include an additional area of sufficient width (20 feet minimum each side) to permit maintenance and any improvement or reconstruction of the stream, drainage way or channel in the foreseeable future.
(Ord. 15-12-01, passed 12-15-2015)
(A) Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions that the strict enforcement of the regulations would entail practical difficulties or unnecessary hardships, the Village Board of Trustees by resolution, after report by the Plan and Zoning Commission, may waive or defer them in such a way that the subdivider is allowed to develop his or her property in a reasonable manner, but at the same time, the public welfare and interests of the village and county are protected and the general intent and spirit of the regulations preserved.
(B) In the event it is deemed desirable to deviate from these subdivision standards, by waiving or deferring such standard, the developer must submit, in writing, a request to the Village Planner stating the requested waiver or deferral, degree of deviation and the reasons why such waiver or deferral is necessary or desirable. The waiver or deferral must be approved in writing by the Board of Trustees prior to the final design work and shall apply to that location and point in time only.
(C) Waiver not a matter of right. No waiver is available to a subdivider as a matter of right. The burden of proving that a waiver is justified is on the subdivider.
(D) Waiver requests. The subdivider shall submit all requests for waivers in writing to the Village Planner at the time the area general plan, preliminary plat, construction plans, or final plat is submitted. The justification for the waiver and all facts relied upon by the subdivider shall be submitted in writing along with the waiver request.
(E) Standard for waiver approval. The Plan and Zoning Commission may consider and recommend, and the Village Board of Trustees may grant, waivers to the provisions to these regulations. The waiver shall not be approved unless the Village Board of Trustees finds that the waiver is justified according to the following standards:
(1) There is substantial hardship in complying with these regulations provided that the spirit and intent of this chapter shall be substantially observed, and the public welfare and safety be assured;
(2) That the granting of the waiver will not be detrimental to the public safety, health or welfare or injurious to other property located in the vicinity of the property in question;
(3) The cost or difficulty of complying with the requirements of these regulations is great compared to the gain such compliance provides to the public health, safety, and welfare.
(F) Specific considerations. In deciding whether to approve a waiver from this chapter, the Village Board of Trustees may consider, but is not limited to, the following criteria:
(1) Whether the condition upon which the request for a waiver is based is unique to the property, but not generally acceptable to other properties;
(2) Whether the property to be subdivided will be used only for farming and related residential uses;
(3) Whether the property is a planned unit development approved under the zoning ordinance, and the waivers are an approved part of the planned development;
(4) Whether the waivers are included as part of an annexation or other development agreement, provided that the standards for granting a waiver are complied with;
(5) Whether conditions may be imposed which mitigate the harm to the public caused by the failure to comply with these regulations.
(G) Conditions may be required. In approving waivers, the Village Board of Trustees may require such conditions as will in its judgment secure substantially the objectives of the standards or requirements of these regulations. Conditions imposed for the purpose of mitigating the harm caused to the public by the failure to comply with the provisions of these regulations may include, but are not limited to the following:
(1) Landscaping;
(2) Parking and on-site traffic regulation;
(3) Lighting, including the requirement of yard or lot lighting to replace street lighting;
(4) Traffic regulation including, but not limited to, on-street parking, one-side street parking, and one-way streets;
(5) Submission of the remaining tract for preliminary plat or final plat approval prior to any construction or development.
(6) Dedication of additional right-of-way for streets, highways, or easements for utilities and public infrastructure;
(7) Site plan approval;
(8) Access regulation;
(9) Payment of a fee in lieu of construction.
(H) Execution of a covenant. Execution of a covenant providing additional requirements and/or conditions necessary to the approval of the waiver may be a condition of a waiver. If a covenant is required as a condition, the covenant must be approved by the Village Attorney prior to recording.
(I) Administrative waivers. The Village Administrative Review Committee may grant minor waivers of subdivision regulation requirements administratively, without review by the Board of Trustees. Such waivers may involve small changes to construction requirements, or document preparation requirements that do not materially impact the suitability or function of the subdivision improvements and which do not result in an increase in current or future costs to be incurred by the village.
(J) Deferral or waiver of required improvements.
(1) The Board of Trustees may defer or waive at the time of construction plans or final plat approval, subject to appropriate conditions, the requirements for construction for any or all public improvements as, in its judgment, are not requisite in the interests of the public health, safety, and general welfare, or which are inappropriate because of the inadequacy or in existence of connecting facilities. Any determination to defer or waive construction of any public improvement must be made on the record and the reasons for deferral or waiver also shall be expressly made on the record.
(2) Whenever it is deemed necessary by the Board of Trustees to defer the construction of any public or quasi-public improvement required under these regulations because of incompatible grades, future planning, inadequate or nonexistent connecting facilities, or for other reasons, the subdivider shall pay his share of the costs of the future improvements to the village prior to the recording of the final plat.
(Ord. 15-12-01, passed 12-15-2015)
Loading...