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(A) The Administrative Rules Committee shall be authorized to issue, amend, and withdraw administrative rules which implement, interpret and clarify the requirements of this chapter. Persons shall comply with these administrative rules to the same extent they are required to comply with this chapter. The administrative rules shall implement, interpret and clarify the requirements of this chapter and shall not amend the chapter or its policies.
(B) At least 14 days prior to its effective date, the Administrative Rules Committee shall send a copy of the administrative rules to the Plan and Zoning Commission and Board of Trustees for review.
(C) Upon written request of any two Plan and Zoning Commissioners or Board of Trustees members prior to the effective date of the administrative rule, the rule shall be subject to Plan and Zoning Commission and Board of Trustees review. After such a written request, the administrative rule shall not be effective until considered by the Plan and Zoning Commission and acted upon by the Board of Trustees. The administrative rule shall go into effect after such action unless disapproved by a majority or the Board of Trustees members or withdrawn by the Administrative Rules Committee.
(D) The form and legality of each administrative rule shall be approved by the Village Attorney prior to its effective date.
(E) The Administrative Rules Committee shall publish all of its rules in pamphlet form on or before the effective date of the rules.
(F) Prior to the effective date of an administrative rule, a copy shall be filed with the Village Clerk and Village Administrator, and a copy shall be sent to the Board of Trustees.
(Ord. 15-12-01, passed 12-15-2015)
(A) The Administrative Rules Committee shall prepare and adopt an Infrastructure Design Manual which shall govern the design and construction of public and quasi-public infrastructure within new subdivisions.
(B) The Infrastructure Design Manual shall include guidelines, design requirements, procedures, specifications, and construction requirements governing the design and construction of infrastructure. It shall also include standard details applicable to the construction of infrastructure.
(C) Modifications and/or amendments to the Infrastructure Design Manual shall be submitted to the Plan and Zoning Commission for review. If a majority of the Plan and Zoning Commission objects to the proposed modification or amendment, that modification or amendment shall not be implemented.
(Ord. 15-12-01, passed 12-15-2015)
(A) Whenever an annexation agreement, development agreement or subdivision approval requires the installation of one or more improvements, and where, in the opinion of the village such improvements may be used by and uniquely benefit property not in the subdivision or property not covered by the annexation or development agreement, the village may agree to reimburse and may reimburse the other party or parties to the agreement or subdivision approval for a portion of the cost of such improvements from fees charged to owners of benefitted property when and if collected from such owners.
(B) Any annexation agreement, development agreement or subdivision approval, which requires, approves or agrees to the payment of the cost of one or more improvements by assessments charged to owners of benefitted property shall:
(1) Describe the benefitted property; and
(2) Include an estimate of the total cost of each improvement; and
(3) Specify the amount of proportion of the cost of such improvements which is to be incurred for each benefitted property; and
(4) Provide that the village shall collect such fees charged to owners of benefitted properties; and
(5) Provide for the payment to the owner or developer of the property subject to annexation agreement or subdivision approval a reasonable amount of interest on the amount expended by the owner or developer in completing such improvements.
(C) Notice. Prior to approval of an annexation agreement, development agreement or subdivision approval requiring owners of benefitted property to pay a fee for improvements built pursuant to said agreement or subdivision approval, the village shall provide the owners of the proposed benefitted property with at least 28 days notice of the hearing on said agreement before the Board of Trustees. This hearing may be continued from time to time without further notice to such owners by the Board of Trustees at its sole discretion, upon request of any property owner subject to the assessment or at the Board of Trustees direction, to a date certain.
(D) Payment of assessment required. Until such time as the owner of benefitted property has paid to the village the amount assessed to the owner’s benefitted property as required by adopted ordinance and said agreement or subdivision approval plus any interest accrued thereon, or such owner has entered into a satisfactory agreement for the payment of such assessment and any applicable interest to the village, the village shall not approve any final plat of all or part of the owner’s benefitted property and shall not approve any subsequent connection of improvements on the benefitted property to the improvements which are subject to the assessment.
(Ord. 15-12-01, passed 12-15-2015)
(A) Some infrastructure improvements constructed under the requirements of this chapter will be operated and maintained upon their completion by another governmental entity (e.g., Sangamon Valley Public Water District or Mahomet Township Road District). Where the rules and regulations of another entity conflicts with the requirements of this chapter, the more stringent shall apply.
(B) When a subdivision requires improvements which are to be operated and maintained by another governmental entity, the village will cooperate with that entity for review and approval of construction plans and specifications for those improvements. The village will not release a performance bond upon acceptance of the improvements until the other governmental entity provides evidence that the constructed improvements are satisfactory.
(Ord. 15-12-01, passed 12-15-2015)
(A) Where a proposed park, playground, school site or other public use area shown in the general Comprehensive Plan for the village and adjacent unincorporated areas is located in whole or in part in a subdivision, the Village Plan and Zoning Commission or the Village Board of Trustees may require the designation or reservation of such area in whole or in part within the subdivision in those cases in which the Village Plan and Zoning Commission or the Village Board of Trustees deem such requirements to be reasonable. However, in no case shall the total amount of required public areas to be designated or reserved in addition to public streets and easements exceed 5% of the total gross acreage controlled by the owner. The acquisition of the additional area needed for parks, playgrounds, school or other public uses other than streets and alleys, shall be secured by the authority having jurisdiction. Arrangements for securing said area via purchase or other means from the owner shall be made within a period not to exceed six months from the date the plat is approved by the Village Board of Trustees. When any private open space is to be owned in common by multiple owners is proposed, the conditions of ownership and maintenance shall be approved by the Village Plan and Zoning Commission and the Village Board of Trustees.
(B) After the effective date of this chapter, no permanent buildings or structures shall be erected within the extended street lines of proposed extensions of major streets shown on the Major Street Plan adopted as part of the Comprehensive Plan for Mahomet.
(C) In all subdivisions in which the overall development, as defined by the Preliminary Plat or the area general plan (in phased subdivisions) exceeds 59 acres in area, the developer shall provide not less than 5% of the total gross acreage of the subdivision reserved as common open space, to be utilized for recreational or other similar purposes. Public park lands within the subdivision shall count towards compliance with this requirement. For purposes of compliance with this requirement each acre of land within areas designated for use of stormwater detention/retention shall be considered as one-half acre for purposes of compliance with these provisions, so long as those areas are in common ownership by all the lot owners within the subdivision. Lands within surface drainage channels do not count towards compliance with this requirement.
(Ord. 15-12-01, passed 12-15-2015)
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