In accordance with state law 1 , this title regulates the subdivision and development of land in order to implement the village comprehensive plan and official map. Thus, this title assists in achieving the following specific objectives:
A. To preserve, protect and promote the public health, safety, and welfare;
B. To provide a pleasant living environment by furthering the orderly layout and use of land, and to create an environment conducive to the productive development of the village;
C. To avoid legal and other problems by requiring that subdivided land be properly monumented and recorded;
D. To conserve and increase the value of land, improvements, and buildings;
E. To preserve the natural beauty and topography to the maximum feasible extent;
F. To provide adequate light, air, and privacy for all residents of new developments by preventing undue concentration of population;
G. To protect against injury or damage caused by fire, pollution, flooding, stormwater runoff, or erosion and sedimentation;
H. To provide safe and convenient access to new developments and to avoid traffic congestion by requiring the proper location, design, and construction of streets and sidewalks;
I. To reduce the cost of installing and maintaining adequate water mains, sanitary sewers, stormwater sewers, and other utilities and services;
J. To ensure that adequate parks, schools, and similar facilities can be made; and
K. To provide for the acceptance of lands for public rights of way. (Ord. 1334, 4-18-2005)
Notes
| 1 | 1. 65 ILCS 5/11-12-8 – 5/11-12-12. |
This title shall be applicable within the corporate limits of the village and within all unincorporated territory located within one and one-half (1.5) miles of said limits, provided such territory is not located within the subdivision jurisdiction for another municipality 1 . (Ord. 1334, 4-18-2005)
Notes
| 1 | 1. 65 ILCS 5/11-12-9 for state requirements concerning jurisdictional boundary lines. |
A. Every provision of this title shall be construed liberally to achieve the purposes outlined in section 12-1-1 of this chapter.
B. Whenever the requirements of this title differ from those of any statute, lawfully adopted ordinance or regulation, easement, covenant, or deed restriction, the more stringent requirement shall prevail. Thus, in accordance with state law 1 , whenever this title imposes higher standards than the county subdivision ordinance, said higher standards shall supersede the county regulations in the unincorporated territory located within the village's subdivision jurisdiction.
C. This title is not intended to abrogate any easement, covenant, deed restriction, or any other private agreement or restriction; provided, that where the provisions of this title are more restrictive or impose higher standards or regulations than such easement, covenant, deed restriction, or other private agreement or restriction, the provisions of this title shall govern. Where the provisions of the easement, covenant, deed restriction, or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of this title or the determinations of the village in approving a subdivision or in enforcing this title, and such private provisions are not inconsistent with this title or determinations hereunder, then such private provisions shall be operative and supplemental to this title and determinations made hereunder. The village does not purport to enforce any such private provisions not reflected on the plat and its supporting documents unless there is expressed in the nature of the document and the approval process an intent to give the village enforcement rights over same.
D. If any section, subsection, sentence, clause, phrase, or word of this title is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this title. The village hereby declares that it would have adopted this title and any chapter, section, subsection, clause, phrase, or word hereof without incorporation in this title of any such invalid chapter, section, subsection, clause, phrase or word. (Ord. 1334, 4-18-2005)
Notes
| 1 | 2. 65 ILCS 5/11-12-11. |
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