(A) Planning and Zoning Commission; review standards. In the review of subdivision plats and plans for PUD's for recommendation, and in the application of this chapter, the Planning and Zoning Commission shall consider the following issues:
(1) The location of streets, lot sizes and locations, as well as the reports and recommendations of the Administrator and City Engineer.
(2) Conformance to the provisions and conditions of the Comprehensive Plan of the city. A recommendation for plat approval may be withheld if a subdivision does not conform to the provisions of the Comprehensive Plan.
(3) No recommendation for approval of any plat of subdivision shall be forwarded to the City Council if such plat does not make adequate provision for storm water management, as determined by the City Engineer.
(4) Due regard shall be given to the preservation of natural features such as trees, for which preservation credits may be considered under the city's zoning code; watercourses; and historical and similar features.
(B) Dedication of land for public use; general provisions.
(1) Whenever a preliminary plat or preliminary plan for a PUD includes a proposed dedication of land for public use, and the City Council finds that such land is not required or is not suitable for public use, the City Council may either refuse to approve such dedication in the location shown, or require that the configuration of the dedicated land be modified to an acceptable form.
(2) Upon approval of a final plat of subdivision or a final plan for a PUD by the City Council, and the granting of all other required approvals of such plat or plan, land shown on the plat or plan as dedicated to or reserved for public use, including street dedications, shall be deemed accepted by the city for the purpose(s) designated thereon.
(3) Dedication of land for park and recreation use shall be governed by the provisions of the city's Comprehensive Plan and the subchapter entitled "Land Dedication for Park, Open Space and Recreation Purposes" of this chapter.
(C) Vacation of a plat of subdivision. Any plat or any part of a plat may be vacated by the owner of the premises at any time before the sale of any lot therein, by a written instrument declaring the plat to be vacated, and a copy of such plat shall be attached to such instrument. If there are public service facilities in the highways, streets and other public ways, and in easements shown on the plat, the instrument shall reserve to the city or public utility owning such facilities, the property, rights-of-way and easements necessary for continuing public service by means of those facilities, and for the maintenance, renewal and reconstruction of such facilities. Such an instrument shall be approved by the City Council prior to its recordation in the same manner as plats of subdivision. The City Council may reject any such instrument which abridges or destroys any public rights in any of its streets and other public rights-of-way. Such an instrument shall be executed, acknowledged or proved, and recorded or filed, in the same manner as plats of subdivision. Once recorded or filed, the instrument operates to destroy the force and effect of the recording of the plat vacated, and to divest all public rights in the streets, and other public rights-of-way, and all dedications laid out or described in such plat, and to render effective any reservation set forth in the instrument as provided in this division. When lots have been sold, the plat may be vacated in the manner herein provided by the owners of lots in such subdivision joining in the execution of such writing.
(D) Approval of a lot split, lot reconfiguration or lot consolidation. Notwithstanding the provisions set forth in the divisions above, a lot split, lot reconfiguration or lot consolidation may be permitted upon review and recommendation by the Planning and Zoning Commission. The following procedure shall be required:
(1) The owner or owners of any lot or lots may apply for a lot split, lot reconfiguration or lot consolidation for said lot or lots without complying with all of the regulations of this chapter, by submitting a petition therefor to the Administrator substantially in the following form:
State of Illinois )
)SS
City of Oakbrook Terrace )
Before the Planning and Zoning Commission of City of Oakbrook Terrace
In the Matter of
Subdivision No.
1. That is the owner of record of the following described property:
2. (If there are beneficial owners) That are the beneficial owners of said property in the following proportions.
3. The final plat of said subdivision was recorded in the Recorder of Deeds Office of the County of DuPage on the day of , 2 , as Document No. .
4. That a plat of survey for the lot split, lot reconfiguration or lot consolidation is attached hereto as "Exhibit A", and such plat has been duly attested by a registered land surveyor, contains all certifications required by law, and is in an appropriate condition to be recorded, except for the signatures required from the city.
5. That the plat of survey for the lot split, lot reconfiguration or lot consolidation contains no additional public rights-of-way, and no public rights-of-way are vacated therein.
(Verification)
(Jurat)
(2) Final disposition.
(a) The Planning and Zoning Commission shall review the plat of survey, the Administrator's review for zoning compliance and the City Engineer's review for environmental impact, including stormwater management. The Commission shall then make a recommendation to the City Council that it grant or deny approval of the lot split, lot reconfiguration or lot consolidation, or grant approval subject to specified modifications or conditions, including the Commission's findings as to items 1 through 5 of the petition as set forth in subdivision (1) of this division.
(b) The City Council shall consider the recommendation of the Planning and Zoning Commission, and shall grant or deny approval of the final plat or grant approval subject to specified conditions.
(Ord. 08-19, passed 9-9-08)