ORDINANCE NO. 22-02
AN ORDINANCE AMENDING TITLE 10, SUBDIVISIONS, CHAPTER 4, APPLICATION AND APPROVAL PROCEDURES, OF THE MUNICIPAL CODE FOR THE VILLAGE OF MANTENO
 
TIMOTHY O. NUGENT
 
Village President
 
TIMOTHY J. BOYCE
TODD CROCKETT
DIANE DOLE
JOEL GESKY
SAMUEL J. MARTIN
WENDELL PHILLIPS
 
Trustees
 
ROBIN BATKA
 
Village Clerk
 
Prepared by
LOUIS F. CAINKAR, LTD.
Village Attorney
 
ORDINANCE NO. 22-02
   
AN ORDINANCE AMENDING TITLE 10, SUBDIVISIONS, CHAPTER 4, APPLICATION AND APPROVAL PROCEDURES, OF THE MUNICIPAL CODE FOR THE VILLAGE OF MANTENO
 
BE IT ORDAINED by the President and Board of Trustees of the Village of Manteno, Kankakee County, Illinois, as follows:
 
Section 1
 
That Title 10, Subdivisions, of the Municipal Code for the Village of Manteno, be amended by changing Chapter 4, Application and Approval Procedures, to read as follows:
 
CHAPTER 4
APPLICATION AND APPROVAL PROCEDURES
SECTION:
10-4-1:      Intent
10-4-2:    Application and Review Fee
10-4-3:    Pre-application Conference
10-4-4:      Sketch Plan
10-4-5:    Preliminary Plan and Project Phasing
10-4-6:    Final Plat
10-4-7:    Resubdivision Exemption
10-4-1:    INTENT:
 
Before subdividing any tract or parcel of land within the corporate limits of the Village of Manteno or the unincorporated areas within one and one-half (1 1/2) miles beyond the village limits, an owner or developer shall submit a concept plan to be acted upon by the village in accordance with the procedures and requirements of this title, in addition to any application and review fees as prescribed by the terms of this title and any other village ordinance.
 
10-4-2:    APPLICATION AND REVIEW FEE:
 
Prior to village review of a sketch plan, preliminary plat or a final plan of subdivision, the developer shall have remitted all required fees and review expenses to the village clerk.
 
10-4-3:    PRE-APPLICATION CONFERENCE:
   
(A) Prior to the developer's filing of an application for sketch plan review it is recommended that the owner or developer consult with the village administrator and/or the village director of building and zoning to secure information relative to the land use and zoning requirements, development regulations and standards, and other applicable regulations and standards. The purpose of the preapplication conference is to afford the developer the opportunity to obtain the advice and assistance of village officials, staff and other advisors and to discuss the proposed development informally prior to the preparation of the sketch plan to process approvals in a cost effective and time efficient manner.
 
(B) Before the meeting, it is suggested that the developer prepare a site plan of the proposed development on a topographic survey of the area showing the proposed layout of streets, arrangement of lots, and other features in relation to the existing conditions in accordance with the provisions of chapter 5, "Project Documents", of this title. Upon receipt of any request for a preapplication conference the village administrator shall schedule a conference meeting with the developer and village representatives as deemed necessary by the village administrator.
 
10-4-4:    SKETCH PLAN:
 
(A) Sketch Plan Application: In order to discuss the general purpose of the subdivision or development in the context of establishing planning policies and practices of the village of Manteno and to ensure that the required data is properly prepared and presented before expending the time and money in preparation and review of a preliminary plan, any person desiring to subdivide or develop land subject to this title, before filing a preliminary plan, shall file a sketch plan of the subdivision or development with the village. After review of the sketch plan by village staff and within thirty (30) days of submittal, the sketch plan shall be placed on the agenda of a regular planning commission meeting.
 
(B) Sketch Plan Copies: Five (5) full size twenty-four inch by thirty-six inch (24” x 36”) copies and twenty (20) eleven inch by seventeen inch (11" x 17") sets of the sketch plan shall be submitted to the village clerk along with a completed subdivision sketch plan application and the required application and review fees.
   
(C) Development Escrow:
   
1. Concurrently with the submission of a request for a sketch plan review as provided herein, the applicant shall deposit with the village treasurer, in escrow, a sum of money that shall be used by the village to defray the cost and/or expense billed for staff, infrastructure mapping, modeling, GIS and database updates, court reporters for appearance and transcript fees, and such other consultants or professionals as are hired by the village during the technical, preliminary, and final plat review process and through the village's final acceptance of all public improvements. Said escrow shall also be used to pay the cost of all special planning commission or village board meetings if required in the subdivision process.
 
2. The amount to be deposited by the applicant shall be not less than ten thousand dollars ($10,000.00). Said escrow funds shall be deposited and held by the village in an interest-bearing account with the interest payable to the Village of Manteno. The village shall make disbursements from said escrow funds upon the receipt of billing statements, provided said statements have been reviewed and approved by the village board. Notice to the applicant shall not be a prerequisite to the village making said disbursements. If at any time after commencement of the review process the amount deposited has been reduced to a balance of three thousand dollars ($3,000.00) or less, the applicant shall be required to deposit an additional amount with the village so that the escrow balance is not less than the amount the applicant was originally required to deposit. Said additional amount shall be deposited with the village treasurer within fifteen (15) days after the applicant has been so notified. Notice shall be deemed given as of the date that a written notice requesting an additional amount is deposited by certified U.S. mail addressed to the applicant.
 
3. Any funds on deposit at the conclusion of the staff's involvement with the development, provided all disbursements have been made, shall be returned to the applicant. However, notwithstanding anything herein to the contrary, no final village board approval shall be granted until all aforesaid costs have been paid. All funds disbursed from the escrow fund shall be itemized and only the remaining balance of the escrow account will be returned to the applicant. There will be no refund of escrow funds already allocated for expenses associated with the development if the development fails to complete the subdivision process.
 
(D) Sketch Plan Application Fee: The sketch plan application fee of seven hundred fifty dollars ($750.00) shall be submitted with all other required documents prior to review by the village.
 
(E) Sketch Plan Review: Review of the sketch plan is limited in its scope and is intended to provide the developer with direction and comments prior to the financial undertaking of preparing additional engineered drawings. Review may include:
 
1. Review the general feasibility of the proposal;
 
2. Review compliance with applicable statutes, administrative rules and regulations and local ordinances and land use plans;
 
3. Review existing facilities and conditions;
 
4. Answer questions and address problem areas;
 
5. Provide the applicant with oral suggestions, comments and recommendations;
 
6. Review emergency personnel, staff and local governmental body comments;
 
7. Superficial review of compliance with basic design principles, including:
 
(a) Conformance to zoning ordinance, comprehensive plan, applicable regulations of county and state.
 
(b) General subdivision layout.
 
(c) Street access, layout, classification, width, intersections, relationship to major utility lines, railroads, highways or boundaries, connection/alignment with existing or future streets. Cul-de-sac placement.
 
(d) Block standards: lengths, widths, crosswalks.
 
(e) Lot standards: location, arrangement, size, dimensions.
 
(f) Public use facilities and areas.
 
(g) Easements: utilities, continuity, retention/detention areas, drainage right of way.
 
(h) Drainage, storm water management and floodplain provisions.
 
(i) Natural features;
 
8. Review by an independent planning consultant, if necessary, as determined by the village administrator.
 
(F) Sketch Plan; Planning Commission Recommendation: The planning commission, in reviewing the sketch plan, shall discuss with the developer the proposed plan and any requirements the village may want to have incorporated into a preliminary plan, provided, however, that the village and planning commission shall not in any way be subsequently prejudiced from making any future recommendations or decisions on account of their review and comment on the sketch plan. Sketch plan approval does not grant the developer relief or variance from subdivision and zoning standards and requirements.
 
10-4-5:    PRELIMINARY PLAN AND PROJECT PHASING:
 
(A) Preliminary Plan Application: The developer shall complete the preliminary plan application, accompanied by the appropriate fee and required documents, and submit the same to the village clerk. The developer shall cause to be prepared by a registered professional engineer in the State of Illinois, a preliminary plan, together with improvement plans and other supplementary material as specified in chapter 5, "Project Documents", of this title. The plan shall include all of the property owned or controlled by the applicant, which is adjacent to or considered to be contiguous to the proposed subdivision.
 
(B) Preliminary Plan Copies: Five (5) full size twenty-four inch by thirty-six inch (24” x 36”) copies and twenty (20) eleven inch by seventeen inch (11" x 17") sets of the preliminary plan shall be submitted to the village clerk along with a completed subdivision preliminary plan application and the required application fee.
 
(C) Preliminary Plan Review: The village clerk shall distribute copies of the preliminary plan and supplementary material for review and comment to the village administrator, building and zoning director, village engineer and other village and non-village departments and officials as determined by the village administrator. Comments and recommendations shall be returned to the village administrator within thirty (30) days. The village administrator shall promptly consolidate all comments and recommendations and forward them to the planning commission. The planning commission shall promptly review all the plans and documentation required for preliminary plan approval in accordance with the procedures in this section.
 
(D) Preliminary Plan; Planning Commission Recommendation: The planning commission shall recommend approval or disapproval of the application for the preliminary plan review within ninety (90) days from the date of the filing the application or the filing by the applicant of the last item of required supporting documents, whichever date is later, unless such time is extended by mutual consent in writing. The approval recommendation of a preliminary plan by the planning commission is strictly tentative, involving only the general acceptability of the layout and proposals as submitted.
 
(E) Project Phasing: The owner or developer shall indicate on the preliminary plan the phases of the project and schedule for development of each phase, if any, and whether the developer will postpone final plan approval for one or more of the phases to a later date. The village may at its discretion, grant preliminary approval and/or final approval to one or more phases of the proposed development and request the developer to submit other phases of the development for final approval at a later date.
 
(F) Preliminary Plan Submittal to the Village Board: Following action by the planning commission, the preliminary plan and the recommendation of the planning commission shall be referred to the village board. If the planning commission recommends approval of the plan, it shall be so noted on the plan; if it recommends disapproval of such plan, it shall furnish the village board and the applicant a written statement setting forth the reasons for its disapproval recommendation. The village board shall accept or reject said plan within sixty (60) days after its regular scheduled meeting following the action of the planning commission.
 
(G) Preliminary Plan Approval: Approval of the preliminary plan shall be effective for a maximum period of one year, unless upon application of the developer, the village board grants an extension for one additional year. The application for said extension shall not require an additional filing fee, or the submittal of additional copies of the preliminary plan.
 
10-4-6:    FINAL PLAT:
 
(A) Final Plat Application: The owner or developer shall file an application for approval of the final plat with the village clerk within one year after approval of the preliminary plan. The final plat shall conform substantially to the preliminary plan as approved, include all the information as specified in chapter 5, "Project Documents", of this title and, if desired by the developer, it may constitute only that portion of the approved preliminary plan which they propose to record and develop at that time, provided however, that such portion conforms to all requirements of these regulations. Such portions of development shall be labeled and recorded with the subdivision name and phase 1, phase 2, phase 3, etc., in order of their final plat approval. Numbering of the lots shall be consistent with the manner presented in the preliminary plan. Lots should not be renumbered for each phase. Lots specified for multi-unit development (PUD, condo, apartment or townhome, etc.) shall also include the maximum number of residential units on each lot.
 
(B) Specifications: The final plat shall contain all engineering design specifications for the subdivision as approved by the village engineer, village staff, planning commission or other review body, as of the date of the submittal by the developer.
 
(C) Final Plat Submittal: Five (5) full size twenty-four inch by thirty-six inch (24” x 36”) copies and twenty (20) eleven inch by seventeen inch (11" x 17") sets of the final plat shall be submitted to the village clerk along with a completed subdivision final plat application and the required fees.
 
(D) Final Plat Fees and Policy of Insurance:
 
1. Platting Fee: The owner or developer of any property, which seeks village board approval for a subdivision plat, shall submit a fee with the final subdivision plat application. The platting fee shall be one thousand dollars ($1,000.00) for every single-family residential lot. Where multiple units (PUD, condo, apartment, townhome, etc.) are located on a single lot or multiple lots, the platting fee shall be one thousand dollars ($1,000.00) for each lot, plus one thousand dollars ($1,000.00) per additional unit constructed over one. Additional platting fees over one per lot are payable when the building permit is issued and shall be based on the total additional units constructed over one. The platting fee shall be two thousand dollars ($2,000.00) per lot for commercial lots or industrial lots.
 
2. Policy of Insurance: The policies of insurance required to be purchased and maintained by the developer shall be furnished by insurers holding an A.M. Best Company rating of at least A- (excellent), and a financial category designation of IX or greater.
 
(E) Final Plat Review: Upon receipt of the final plat, the village clerk shall distribute copies of said plat and all supporting documents to the village administrator, director of planning & zoning, engineer, attorney and any agency providing required facilities that should be consulted prior to approval. All comments and recommendations shall be returned to the village administrator within thirty (30) days. The village administrator shall promptly consolidate all comments and recommendations and forward them to the planning commission. The planning commission shall promptly review all the plans and documentation required for final plat approval in accordance with the procedures in this section.
 
(F) Final Plat; Planning Commission Recommendation: The planning commission shall recommend approval or disapproval of the application for final plat approval within ninety (90) days from the date of filing the application or the filing by the applicant of the last item of required supporting documents, whichever date is later, unless such time is extended by mutual consent, in writing. When applicable, the planning commission may require the developer to submit to the village, written statements from county, state or other public officials as may be concerned, indicating that proposals for roadway access, storm drainage, sewerage disposal and water supply meet the minimum requirements for such installation and all necessary permits from these agencies have been obtained. If the planning commission recommends approval, it shall fix upon the plat the certifying signature of its chairman, if it recommends disapproval, it shall set forth its reasons in its own records and provide the applicant a copy.
 
(G) Final Plat Submittal to Village Board: After approval recommendation of the final plat by the planning commission, it shall be submitted to the village board for review and approval. The village board must act on the final plat within sixty (60) days, unless this time period is extended by mutual consent of the applicant and the village board in writing.
 
(H) Final Plat; Village Board Approval: Upon approval by the village board, the developer shall, within thirty (30) days thereafter, deliver to the village, two (2) fully executed original Mylar plats of subdivision, one for the recorder's office and one for the developer's engineering firm, along with the required number of copies for recording, together with five (5) additional copies to be recorded and retained by the village. The village shall record the plat of subdivision within sixty (60) days upon the earlier occurrence of the following: 1) the developer's delivery of a performance guarantee for the completion of the public improvements; or 2) the village's acceptance of all public improvements in the subdivision. The final plat of subdivision, and approvals granted therein, shall be null and void if neither of the preconditions for recording of the final plat of subdivision have occurred within one year of the date of final plat approval by the village board. No extensions for approval of the final plat shall be considered unless a written application signed by the owner and/or developer is submitted to the village clerk within one year of the date of approval of the preliminary plan or unless otherwise stipulated and agreed to in the property's annexation agreement.
 
10-4-7:    RESUBDIVISION EXCEPTION:
 
(A) Expedited Subdivision Approval: Under the following circumstances, an owner of land otherwise exempt from the platting requirements codified in the Plat Act, may divide a legal and previously subdivided lot into four (4) lots or less without complying with the full subdivision approval process prescribed by this title if the division does not:
 
1.    Alter existing infrastructure or involve additional infrastructure
 
2.    Involve road improvements
 
3.   Involve easements of access
 
4. Create lots that violate or necessitate a variance to comply with the code provisions applicable to the zoning district in which the lots are located.
 
(B) Final Resubdivision Plat Application: The owner of land seeking to divide a legal and previously subdivided lot under this section shall file an application for approval of the division with the village clerk, accompanied by the appropriate platting fee, and the following documents:
 
1. Ten (10) full size, twenty-four inch by thirty-six inch (24” x 36”) copies of the plat of survey for the division; and
 
2. One full size, twenty-four inch by thirty-six inch (24” x 36”) copy of the final plat of subdivision and any existing covenants or restrictions for the subdivision previously approved for the subdivision in which the lot is situated; and
 
3. Ten (10) copies of documentation including, but not limited to, proposed covenants or restrictions, which shall address future maintenance of common areas, structures, private infrastructure, or any other shared components; and
 
4. Such other documentation requested by the village administrator.
 
(C) Platting Fee: The owner of any property, which seeks village board approval for a re- subdivision plat, shall submit a fee with the subdivision plat application. The platting fee shall be one thousand dollars ($1,000.00) for every additional single-family residential lot. Where multiple units (PUD, condo, apartment, townhome, etc.) are located on a single lot or multiple lots, the platting fee shall be one thousand dollars ($1,000.00) for each additional lot, plus one thousand dollars ($1,000.00) per additional unit constructed over one. Additional platting fees over one per lot are payable when the building permit is issued and shall be based on the total additional units constructed over one. The platting fee shall be two thousand dollars ($2,000.00) per additional lot for commercial lots or industrial lots.
 
(D) Plat of Survey Review and Approval: The plat of survey and any covenants or restrictions shall be reviewed by village staff and the village engineer to ensure the division is eligible for expedited subdivision approval and such other things as they deem pertinent. Upon its approval, the plat of survey and any covenants or restrictions shall be submitted to the village board for review and approval. The village board shall approve or disapprove of the final subdivision plat within sixty (60) days after its receipt unless this time period is extended by the mutual consent of the applicant and the village board in writing. The village board‘s failure to approve or disapprove of a plat of survey subdividing existing lots within the time prescribed shall constitute a denial.
 
(E) Plat Of Survey; Village Board Approval: Upon approval by the village board, the owner shall, within ninety (90) days thereafter, record the plat of survey and any covenants or restrictions with the county recorder. If not recorded within this time, the approvals shall be null and void. The owner shall furnish the village clerk with five (5) additional recorded copies, one to be retained by the village clerk and the others to be distributed to the village administrator, director of building and zoning, village engineer.
 
Section 2
 
   If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this ordinance.
 
Section 3
 
   All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed insofar as they conflict herewith.
 
Section 4
 
   This ordinance shall be immediately in full force and effect after passage, approval, and publication. This ordinance is authorized to be published in pamphlet form.
 
PASSED by the Board of Trustees of the Village of Manteno, Illinois and deposited in the office of the Village Clerk this 2nd day of May, 2022.
 
 
      DEPOSITED with the Village Clerk this
                   2nd day of May, 2022.
 
                                                 _________________________________
             ROBIN BATKA, Village Clerk
 
APPROVED by me this 2nd
day of May, 2022.
 
___________________________________
TIMOTHY O. NUGENT, Village President
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I DO HEREBY CERTIFY that this Ordinance was, after its passage and approval, published in pamphlet form by authority of the Village of Manteno, in accordance with law, this 2 nd day of May, 2022.
                                                   ____________________________________
   ROBIN BATKA, Village Clerk