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This title is adopted for the following purposes:
(A) To ensure sound, harmonious subdivision development and community growth, and to safeguard the interests of the home owner, the subdivider, the investor and the city.
(B) To prevent scattered development beyond existing public utilities and prevent excessive development costs.
(C) To conserve the value of buildings placed upon land, provide the best practicable environment for human habitation, and to encourage the most appropriate use of land throughout the city and the adjacent unincorporated jurisdictional area. (Ord. 455, 4-21-1997)
No person shall subdivide any tract of land which is located within the city or in any unincorporated area which is located entirely or in part within one and one-half (11/2) miles of the nearest limits of the city except in conformity with the provisions of this title.
The subdivision plans and plats, proposed improvements to be installed, and all procedures relating thereto shall in all respects be in full compliance with the regulations herein. (Ord. 455, 4-21-1997)
(A) Plats Required: Whenever any subdivision of land shall hereafter be laid out within the incorporated limits of the city, or located entirely or in part within one and one-half (11/2) miles of the incorporated boundary of the city, provided such territory is not included in any other municipality, the subdivider thereof or his agent shall submit both a preliminary and final subdivision plat to the plan commission for their approval. The subdivision plats and all procedures relating thereto shall in all respects be in full compliance with these regulations. The developer shall submit a time schedule of activities as well as a timetable for completion of the project to the plan commission.
(B) Until Plats Approved: Until plats and plans for the subdivision are approved:
1. No land shall be subdivided, nor any street laid out, nor any improvements made to the natural land.
2. No lot, tract or parcel of land within any subdivision shall be offered for sale nor shall any sale, contract for sale, or option be made or given.
3. No improvements, such as sidewalks, water supply, storm water drainage, sanitary sewerage facilities, gas service, electric service, lighting, grading, paving or surfacing of streets, shall hereafter be made by any owner or owners or his or their agent, or by any public service corporation at the request of such owner or owners or his or their agent.
(C) Completion Of Improvements: The final plat for the subdivision will be approved only upon completion of all improvements as required by this title, specifically including storm sewer, sanitary sewer laterals, water main and service laterals, streetlights, curbs, base course and lot line elevations established. No building permit shall be issued by the city authorizing the building on or improvement of any subdivided land not of record as of the date of this title unless the provisions and requirements of this title have been met.
(D) Dedications, Review And Recommendation: All offerings or dedications of land to the city for use as streets, highways, alleys, schools, parks, playgrounds, or other uses, shall be referred to the plan commission for review and recommendation before being accepted by the city council.
(E) Subdivision Approval: Where a tract of land proposed for subdivision is part of a larger, logical subdivision unit in relation to the city as a whole, the plan commission may, before approval, cause to be prepared a plan for the entire area or neighborhood, such plan to be used by the plan commission as an aid in judging the proposed plat. The city engineer shall cooperate with the plan commission in reviewing plans and surveys prepared by the developer. The developer shall prepare, or cause to be prepared, this plan and shall furnish such surveys and data as may be necessary.
(F) Resubdivision Considerations: Whenever an area is subdivided into lots of thirty thousand (30,000) square feet or more and there are indications that such lots will eventually be resubdivided into smaller building lots, considerations shall be given to the street and lot arrangement of the original subdivision so that additional minor streets can be located which will permit a logical arrangement of smaller lots.
(G) Interpretation:
1. In their interpretation and application, the provisions of this title shall be held to be the minimum requirements.
2. Where the conditions imposed by any provision of this title upon the use of land are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
3. This title is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this title shall govern.
4. If any section, subsection, sentence, clause, phrase, or portion of this title is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. (Ord. 455, 4-21-1997)
In an interpretation of this title, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise.
(A) Rules:
1. Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural number the singular.
2. The word "shall" is mandatory and not discretionary.
3. The word "may" is permissive.
4. The word "lot" shall include the words "plot", "piece", and "parcel".
5. The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for", and "occupied for".
(B) Definitions:
ALLEY: A public right of way primarily for vehicular traffic along the side or in the rear of properties which affords only a secondary means of access to abutting properties.
APPLICANT: The person or persons responsible for preparing and recording the plats of the subdivision and for carrying out all appropriate requirements relating thereto as outlined in this title.
APPROVAL, FINAL: The approval given the final plat by the plan commission and city council, allowing the plat to be legally recorded with the county recorder of deeds.
APPROVAL, TENTATIVE: The approval given by the plan commission and the city council to a preliminary plat, indicating acceptance of such plan of subdivision and authorizing the construction of the improvements.
BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad right of way, bulkhead lines or shorelines of waterways, or corporate boundary lines of the city.
BOULEVARD: A street, approved containing center grassed or landscaped areas dividing the driving lanes.
BUILDING: Any structure designed, built, or intended for a shelter, enclosure, or protection of persons, animals, chattels, or movable property of any kind.
BUILDING SETBACK LINE: A line within a lot or other parcel of land which determines the area on the land where the erection of a building or accessory building is prohibited. The area between the building setback line and the adjacent boundary of the street which the lot abuts is the area on which the erection of a building or accessory building is prohibited.
CITY COUNCIL: The words "city council", "council", "councilmen", or "aldermen", refer to the city council of the city of Momence, Illinois.
CROSSWALK: That portion of the sidewalk which lies between the curb and the sidewalk along a street and complies with federal regulations for the handicapped.
CUL-DE-SAC: A minor street having one open end and being permanently terminated by a vehicle turnaround.
DEVELOPER: The person(s) having site control over real estate being subdivided to erect any structure, or to install any improvements on a tract of land, or to undertake any activities such as grading in preparation thereof.
EASEMENT: A grant by a property owner for the use of a strip of land by the general public, a corporation, or certain person or persons for a specific purpose or purposes.
EXTRATERRITORIAL PLAT APPROVAL JURISDICTION: The unincorporated area within one and one-half (11/2) miles of the corporate limits of the city and not included in any other municipality.
FRENCH DRAIN: A pipe installed for the purpose of discharging flows from sump pumps and/or ground water when a storm sewer pipe is not readily available to a property.
FRONTAGE: The length of the front property line of the lot, lots, or tract of land abutting a public or private street or right of way.
GRADE: The slope of any portion of the earth's surface or any improvements placed thereon, specified in percent and shown on the street profile plans as required herein.
HIGHWAY: A right of way for vehicular traffic which traverses a nonurban area, usually a state or federal numbered route.
LOT: A parcel of land in a subdivision, identifiable by reference to said plat of subdivision recorded with the appropriate county official, and intended for transfer of ownership and building development.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection.
LOT, DOUBLE FRONTAGE: A lot having a pair of opposite lot lines along two (2) substantially parallel streets.
MAYOR: Chief executive officer of the city council.
NEIGHBORHOOD DRAINAGE PLAN: A plan establishing finished garage floor and corner elevations for each lot based on USGS datum.
OFFICIAL CITY STANDARDS: Those standards of installation, construction and design on file for public inspection in the office of the city engineer and included as appendices 1 to ordinance 455, as the same may be approved, adopted and amended from time to time by the city council of Momence, Illinois.
OFFICIAL CORPORATE MAP: The map, adopted by the city council pursuant to the state of Illinois statutes, known as the official map of the city of Momence, with all changes and amendments thereto which are adopted from time to time.
OUTLOT: A tract or portion of land in a subdivision or other parcels of land authorized or granted for use for one or more specific purposes intended as a unit, whether for immediate or future development. The lot shall be reserved and recorded as an outlot.
OWNER: The person, partnership, corporation, trustee, trust, or any other legal entity, having sufficient proprietary interest of record in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under the statutes of the state of Illinois or under the ordinance of the city of Momence, Illinois.
PARKWAY: A route intended to be used primarily by passenger vehicles and whose right of way is or is intended to be developed in a park like character.
PAVEMENTS: See definition of Roadway.
PLAN COMMISSION: The words "plan commission" as used in this title refer to the plan commission of the city of Momence, Illinois, established pursuant to the statutes of the state of Illinois.
PLAT: A plan, map, drawing, or chart on which the subdivider's plan for the subdivision of land is presented and which he submits for approval and intends to record in final form.
PLAT, FINAL: The drawings and documents presented for final approval and as described in section 10-3-3 of this title.
RIGHT OF WAY: A strip of land occupied or intended to be occupied by a road, walkway, crosswalk, railroad, electric transmission line, or another special use. Every right of way established under this title and shown on a final plat is separate and distinct from the lots and parcels adjoining such right of way and not included within the dimensions or areas of such lots or parcels.
ROADWAY: That portion of the street which has or is to be improved and is or will be available for vehicular traffic.
SIDEWALK: That portion of the street, walkway or crosswalk which is paved to meet the current American's with disabilities act requirements and is intended for pedestrian use only.
SKETCH PLAN: The preliminary general site development plan.
STREET: An area which primarily serves or is intended to serve as a vehicular and pedestrian access to abutting lands or to other streets. The word "street" refers to the right of way or easement, whether public or private, and not to the roadway or paving or other improvement within the street right of way.
STREET, APPROVED: Any street, whether public or private, meeting standards and specifications of the city of Momence.
STREET, MARGINAL ACCESS: A minor street which is parallel and adjacent to highways and primary thoroughfares and which provides access to abutting properties and protection to local traffic from fast, through-moving traffic on the highways and primary thoroughfares.
STREET, MINOR: A street intended primarily as access to abutting properties.
STREET, PRIVATE: Any street which is under the jurisdiction of an individual, corporation, or trustee, or any street which is privately owned or established.
STREET, PUBLIC: Any primary or secondary thoroughfare or minor street which is shown on the subdivision plat and is or is to be dedicated for public use.
SUBDIVIDER: Any person, partnership, corporation, trustee, trust or any other legal entity commencing proceedings under this title to effect a subdivision of land hereunder.
SUBDIVISION: The division of a parcel of land into two (2) or more lots or parcels for the purpose of transfer of ownership or development for any future use, either residential, commercial, or industrial. The term includes resubdivision and, when appropriate to context, shall relate to the process of subdividing or to the land subdivided.
SUBDIVISION FEE: A fee assessed by the city to be paid by the developer as a condition of subdividing. The fee schedule is included in subsection 10-2-3(A) of this title and may be amended from time to time by the city council of Momence, Illinois.
THOROUGHFARE, PRIMARY: A street of considerable continuity which serves or is intended to serve as a principal traffic artery between the various sections of the Momence area and is so designated as a primary thoroughfare on the official plan.
THOROUGHFARE, SECONDARY: A street which carries traffic from minor streets to the primary thoroughfare system, or between primary thoroughfares, and is so designated as a secondary thoroughfare.
WALKWAY: A right of way within a block, ten feet (10') or more in width, dedicated for public use, intended primarily for pedestrians, but which may include utilities where necessary and from which motor and engine propelled vehicles are excluded.
ZONING ORDINANCE: The Momence zoning ordinance, as amended. (Ord. 455, 4-21-1997)
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