A. Approval; Compliance Required: The county recorder of deeds shall not record any final plat of a subdivision located within the subdivision jurisdiction of the village until said final plat has been approved by the village board. The village board shall not approve any final plat unless they determine that it is in compliance with all pertinent requirements of this title including those set forth in this section.
B. Filing, Time Limit: The subdivider of every subdivision who desires final plat approval shall file six (6) black or blue line prints of the final plat and supporting data with the appropriate village official not later than one year after preliminary plat approval has been granted.
C. Information Required:
1. Every final plat shall be prepared by a land surveyor authorized to practice land surveying in the state of Illinois on polyester based film with waterproof black ink at a scale not greater than one hundred feet equals one inch (1" = 100'); provided, that the resultant drawing shall not be less than eight and one half inches by fourteen inches (81/2" x 14") and shall not exceed twenty four inches by thirty six inches (24" x 36"). Submission of final plats in digital format will be used by the county for direct importation into the countywide geographic information system (GIS). To import digital files, GPS (global positioning system) points will be collected on four (4) monuments, as established by the surveyor. Accuracy of GPS points will be acceptable when obtained to submeter accuracy and will be used for the express purpose of file transportation into the GIS. GPS points will be for internal use only in the development and maintenance of the countywide GIS and not for use by the general public nor for future survey work.
2. GPS points, when collected by the surveyor to the above referenced standards, may be delivered to the county under separate digital file, and such information will not be required as part of plat submission. If the county collects GPS points, the fee for such collection will be twenty dollars ($20.00) per point ($80.00 per plat). The fee shall be paid as described hereinbefore.
3. The final plat and supporting data shall portray/provide all of the following information:
a. North arrow, graphic scale, and data;
b. Name of the subdivider and the subdivision;
c. Accurate metes and bounds or other adequate legal description of the tract tied to section or quarter section corner or to an existing record;
d. Accurate boundary lines, with dimensions and bearings or angles which provide a survey of the tract, closing with an error of closure of not more than one foot (1') in fifteen thousand feet (15,000'), and provide a copy of the closure calculations;
e. Reference to recorded plats of adjoining platted land by record name, plat book, and page number;
f. Accurate locations of all existing streets intersecting the boundaries of the subdivision;
g. Right of way lines of all streets, other rights of way, easements, areas to be reserved, and lot lines with dimensions, angles, or bearings and curve data, including radii, arcs or chords, points of tangency, central angles, and accompanying legal descriptions;
h. Name and right of way width of every proposed street;
i. Location, width and purpose of any existing or proposed easement;
j. Number of each lot, lot dimensions, and (in a separate list) lot areas;
k. Purpose(s) for which sites, other than private lots, are reserved;
l. Building or setback lines with accurate dimensions;
m. Restrictions of all types which will run with the land and become covenants in the deeds of lots;
n. The names of all legal owners and other parties with an interest, whether recorded or not, in the property being subdivided, together with formal irrevocable offers of dedication to the public of all streets, local government uses, utilities, parks, and easements, signed by all parties of interest or their authorized agents, in a form approved by the village attorney, if the plat is proposed for final approval without improvements in place and accepted with a deed of dedication to the public in fee simple absolute unless otherwise called for on the plat of such lands; and with a commitment for title insurance policy or title opinion from a licensed attorney showing that those signing the plat are necessary and sufficient to create the subdivision and, prior to signing the plat, a title policy for the local government in the sum of ten thousand dollars ($10,000.00) for any lands or interests to be dedicated to the public;
o. Monument identification;
p. Notification approval of easements by appropriate utilities. This approval will not be noted in the final plat; and
q. A notarized statement, signed by the owner, indicating, to the best of the owner's knowledge, the school district in which each tract, parcel lot, or block lies.
D. Modifications And Exceptions: If the final plat is under one ownership and is no more than five (5) lots, no formal commission approval is needed, and the plans can go directly to the village board unless there are new streets, other public improvements, or easements of egress or ingress.
E. Certificates Required: As required by state law 1 , the following certificates shall be accompanied with the final plat:
1. Owner's Certificate: The following is an example of the owner's certificate:
State of Illinois )
) SS
Rock Island County )
Know all men by these presents, that we/I, (name(s) of owner(s), owner(s) and proprietor(s)) of the land shown on the accompanying plat and described in the accompanying certificate of the surveyor do hereby certify that I/we have caused said survey to be made and acknowledge the said plat as correct, and do hereby adopt and accept the same and cause it to be known as (name of subdivision).
Easements are hereby dedicated for the use of the Village, and public facilities franchise to do business within the Village, as indicated on the plat and marked drainage and utility easement to install, lay, construct, renew, operate and maintain drainage ways, drainage structures, gas, water, sewer pipes, conduits, cable, poles and wires, overhead and underground, with all necessary braces, guys, anchors and other appliances for the purpose of serving the subdivision and other property with gas, water, sewer, electric and telephone service and to overhang all lots with aerial service wires to serve adjacent lots, together with the right to enter upon lots at all times to install, lay, construct, renew, operate and maintain said gas, water and sewer pipes, conduits, cables, poles, wires, braces, guys, anchors and other appliances, and to trim and keep trimmed any trees, shrubs or saplings that interfere or threaten to interfere with said public utility equipment, but same may be used for gardens, shrubs, landscaping and other purposes that do not interfere with the use of said easement for public utility purposes.
(Additional dedications and protective covenants, or private restrictions would be inserted here upon the subdivider's initiative or the recommendation of the village planning commission or the village board; important provisions are those specifying the use to be made of the property and, in the case of residential use, the minimum habitable floor area.)
Sidewalks shall be constructed at the time the structure is constructed or at the direction of the Board of Local Improvements recommended to the Milan Village Board.
All streets, alleys, and public open spaces shown and not heretofore dedicated, are hereby dedicated to the public.
Building setback lines are hereby established as shown on this plat, between which lanes and the property lines of the streets there shall be erected or maintained no building structure.
The foregoing covenants (or restrictions), are to run with the land and shall be binding on all parties and all persons claiming under them until (25 year period is suggested), at which time said covenants (or restrictions) shall be automatically extended for successive periods of ten (10) years unless by vote of a majority of the then owners of the building sites covered by these covenants (or restrictions), in whole or in part. Invalidation of any one of the foregoing covenants (or restrictions), by judgment or court order, shall in no way affect any of the other covenants (or restrictions), which shall remain in full force and effect.
In witness whereof, we hereunto affix our hands and seals this day of , A.D. 20 .
(Seal)
(Seal)
2. Irrevocable Offers Of Dedication Forms:
a. The following form shall be placed upon a final plat of a subdivision whenever said plat is approved upon submission of a subdivider's bond or escrow agreement as provided in section 12-3-4 of this chapter:
The owner, or his representative, hereby irrevocably offers for dedication to the Village, in fee simple absolute unless otherwise called for on the plat all the streets, local government uses, easements, parks, and required utilities shown within the subdivision plat and construction plans in accordance with an irrevocable offer of dedication dated and recorded in the Office of the Recorder of Deeds of Rock Island County, Illinois.
By
Date
(Ord. 1334, 4-18-2005)
b. The following form shall accompany any final plat set forth in subsection E2a of this section and shall be presented for recording simultaneously with any such plat, but shall be recorded immediately prior to the recording of the plat:
OFFER OF IRREVOCABLE DEDICATION
Agreement made this day of , 20 , by and between , having office and place of business at , hereinafter referred to as "Developer", and the Village of Milan, a municipal corporation having its principal office at 321 W 2nd Ave., Milan, IL hereinafter designated as "Village;"
WHEREAS, the Village is in the process of approving a subdivision plat entitled , dated , and made by ; and
WHEREAS, said plat and the construction plans associated therewith designated certain property interests and public improvements consisting of
to be dedicated to the Village free and clear of all encumbrances and liens, pursuant to the provisions of Chapter 3 of Title 12 of the Milan Municipal Code; and
WHEREAS, the Developer, simultaneously with final plat approval or before, shall post a subdivider's bond with the Village for the construction and payment therefor, maintenance, and dedication of said interests and improvements; and
WHEREAS, the Developer is desirous of offering for dedication the said improvements and interests in land to the Village as more particularly described in Schedule attached hereto; and
WHEREAS, the Developer has delivered deed of dedication to the Village to be held in trust by it for the said improvements and interests in land as described herein;
NOW, THEREFORE, in consideration of the Village's approval of said subdivision plat, it is mutually agreed as follows:
1) The Developer herewith delivers to the Village deed of dedication in fee simple absolute unless otherwise called for on the plat for the premises and improvements described in Schedule attached hereto, said delivery being a formal offer of dedication to the Village to be held by the Village in trust until the acceptance or rejection of such offer of dedication by the Village Board.
2) The Developer agrees that said formal offer of dedication is irrevocable and can be accepted by the local government at any time.
3) The Developer agrees to complete the construction and maintenance of the land and improvements pursuant to the Subdivider's Bond and the provisions of Chapter 3 of Title 12 of the Milan Municipal Code and any conditions of approval of said subdivision and upon acceptance by the Village of the offer of dedication shall furnish, within thirty (30) days after written notice from the Village of said acceptance of the offer of dedication, to the Village a title insurance policy issued by a licensed title insurance company authorized to do business in the state of Illinois in the amount of ten thousand dollars ($10,0000.00), certifying that the premises are free and clear of all liens and encumbrances and that fee simple title or other specific interest reposes in the Village and shall furnish to the Village a check for all necessary fees and taxes to record the deed(s) heretofore delivered.
4) That this irrevocable offer of dedication shall run with the land and shall be binding on all assigns, grantees, successors, or heirs of the Developer.
Village of Milan
(Seal)
President
Attest:
Village Clerk
Approved as to Form:
Village Attorney Developer
Attest:
(Seal)
(Ord. 1334, 4-18-2005; amd. 2011 Code)
3. Notary Public's Certificate:
State of Illinois )
) SS
Rock Island County )
I, , a Notary Public in and for the County aforesaid, do hereby certify that (owners) are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, and that they appear before me this day in person and acknowledge that they signed and sealed the same as their free and voluntary act for the uses and purposes therein set forth, including the release waiver of the right of homestead.
Given under my hand and Notarial Seal this day of , 20 .
Notary Public
4. Surveyor's Certificate: The following surveyor's certificate shall accompany or be placed on the final plat:
State of Illinois )
) SS
Rock Island County )
I, , an Illinois Registered Land Surveyor, hereby certify that the annexed plat is a true and correct representation of a survey made by me or under my direction according to the surveying laws of the State of Illinois and the Village of Milan Subdivision Ordinance, or the following described property to wit:
Monuments as shown on the plat are set or will be set within 30 days after the completion of the required improvements and their acceptance by the Village, and such monuments are or will be sufficient to enable the survey to be retraced and will occupy the positions shown thereon.
a. (No) part of the property covered by this plat of subdivision is located within a special flood hazard area as identified by the Federal Emergency Management Agency.
In witness I hereunto set by hand and seal this day of , A.D. 20 .
5. County Clerk's Certificate:
I, , County Clerk of Rock Island County, Illinois, do hereby certify that I find no unpaid or forfeited taxes against any of the real estate included within this plat.
County Clerk
Date
6. Certificate Of Village Board:
I, , President of the Village of Milan, do hereby certify that the plat shown hereon was duly presented to the Village Board and approved at a meeting of same held on date .
President
Attest:
Village Clerk
7. Village Clerk's Certificate: The following form shall be used for certification by the village clerk:
I , Village Clerk in and for the said Village of Milan, do hereby certify that all due assessments have been paid upon the real estate described on the accompanying plat.
In witness whereof, I hereunto set by hand and official seal this day of , A.D. 20 .
Village Clerk
8. Engineer's Certificate: The following form shall be used for certification by the village engineer:
The design of the accompanying plat has been examined and found to meet the requirements of the Subdivision Ordinance.
Village Engineer
(Ord. 1334, 4-18-2005)
9. Certificate To Approve Subdivisions Of Five Lots Or Less: The following form shall be used for the approval of subdivisions of five (5) lots or less by the appropriate village officials: (Ord. 1334, 4-18-2005; amd. 2011 Code)
We, the undersigned appropriate Village officials, do hereby certify that the accompanying plat has been examined and found to be in compliance with the requirements of the Subdivision Ordinance and recommend approval of this plat by the Village.
Appropriate Village Official
Appropriate Village Official
10. Roadway Access And Sewage Disposal Systems:
a. The following form shall be required on the face of the plat where roadway access is to a highway under the jurisdiction of the Illinois department of transportation or another relevant local highway authority:
This plat approved with respect to roadway access under provisions of 765 ILCS 205/2.
Agency
Title
Date
b. The following form shall be required on the face of the plat where any part of the platted land will not be served by a public sewer system:
This plat is approved with respect to sewage disposal systems under provisions of 765 ILCS 205/2.
Agency
Title
Date
11. Required Disclosures To Be On Face Of Final Plat: The following disclosures are to be placed on the face of the final plat:
a. Either of the following, depending upon which is the most appropriate, shall be placed upon the face of the final plat by a registered professional engineer and the owner or his duly authorized attorney:
To the best of our knowledge and belief the drainage of surface waters both within and around this subdivision will not be changed by the construction of same or any part thereof.
(seal)
Registered Professional Engineer
Registration No.
Owner or Attorney
To the best of our knowledge and belief the drainage of surface waters either within or around this subdivision will be changed by the construction of same or parts thereof but adequate provision has been made to collect and divert said surface waters to public drains or private drains to which the owner has legal access and said provisions are such that the capacity of no natural or man-made drain will be exceeded and no damage to adjoining properties will incur because of said provisions.
(seal)
Registered Professional Engineer
Registration No.
Owner or Attorney
b. In addition to one of the above, the owner or subdivider shall disclose on the face of said subdivision final plat the following if a bond or escrow agreement is provided:
I hereby disclose and give notice to all that this subdivision has been approved by the Village upon the condition that I post bond or enter into an escrow agreement to secure installation of all improvements required by said Village. The terms of same allow me a period of two (2) years to install said improvements or provide the Village the right to install same to the extent of funds provided by such security. Village ordinances do not permit, however, occupancy of any premises until adequate provision for access for water and sanitary sewerage are made.
Owner or Subdivider
c. Also, any disclosure required by state or federal statute shall be displayed upon said plat.
F. Village Board Action:
1. The village board shall either approve or disapprove the application for final plat approval by resolution within sixty (60) days from the date of said application or the filing of the last item of required supporting data, whichever date is later, unless the village board and the subdivider mutually agree to extend this time limit 2 . The village board shall not approve any final plat unless:
a. The final plat substantially conforms to the approved preliminary plat if required; and
b. The final plat manifests substantial compliance with the design and improvements standards of this title and the official map; and
c. To the village board's knowledge and belief, the final plat complies with all pertinent statutory requirements; and
d. Either of the following has been met:
(1) All required improvements have been completed, inspected, accepted, and dedicated; or
(2) The subdivider/developer has posted an acceptable form of assurance as stated in section 12-3-4 of this chapter.
2. If the village board disapproves the final plat, their resolution shall specify the aspects in which the plat fails to meet the above conditions for approval. (Ord. 1334, 4-18-2005)
Notes
| 1 | 1. 765 ILCS 205/0.01 et seq. |
| 2 | 1. 65 ILCS 5/11-12-8. |