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§ 155.001 TITLE.
   This chapter may be cited as “The 1996 Land Subdivision Ordinance of the Village of Riverton, Illinois”.
(Prior Code, § 150.001) (Ord. 96-006, passed 2-5-1996)
§ 155.002 JURISDICTION.
   (A)   The subdivision jurisdiction of the village shall include all land within the corporate limits of the village. If a Comprehensive Plan is adopted, the subdivision jurisdiction shall be extended to include all unincorporated land within one and one-half miles of the corporate limits of the village.
   (B)   When the one and one-half mile subdivision jurisdiction of the village and that of another municipality overlap, a contractual agreement between the village and the other municipality may be established which designates subdivision jurisdiction boundaries in the overlap area. In the absence of such an agreement, the jurisdiction shall extend to a median line equidistant from the village’s boundary and the boundary of the other municipality nearest to the boundary of the village at any given point on the line.
(Prior Code, § 150.002) (Ord. 96-006, passed 2-5-1996)
§ 155.003 PURPOSE.
   (A)   It is the purpose of this chapter to promote growth and development and to regulate and control the division of land within the subdivision approval jurisdiction of the village in order:
      (1)   To provide for the legal and orderly division of land by requiring proper description, monumentation and recording of subdivided land; and
      (2)   To promote growth of the community which protects the public health and safety and provides essential public services to existing and future residents.
   (B)   The goals of this chapter shall be to promote:
      (1)   Conformance with the Village Comprehensive Plan, if adopted;
      (2)   Provision of adequate public services including public water and sewer, electricity and police and fire protection to land to be developed;
      (3)   Prevention of leap frog and scattered development;
      (4)   Protection of the area’s public water supply;
      (5)   Prevention of development on unsuitable land;
      (6)   Provision of safe and efficient street network;
      (7)   Prevention of agricultural/residential conflicts;
      (8)   Conservation and protection of natural resources;
      (9)   Prevention of inappropriate development in or filling of the 100-year floodplain;
      (10)   Establishment of lots that are of a practical size and shape; and
      (11)   Enhancement and preservation of aesthetic qualities.
(Prior Code, § 150.003) (Ord. 96-006, passed 2-5-1996)
§ 155.004 SEVERABILITY.
   If any section, provision or portion of this chapter is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the chapter shall not be affected by that decision.
(Prior Code, § 150.004) (Ord. 96-006, passed 2-5-1996)
§ 155.005 PLAT; WHEN REQUIRED.
   (A)   It shall be unlawful for a subdivider of land within the subdivision jurisdiction of the village to subdivide land into lots, blocks, streets, alleys or public open space unless by plat in accordance with the laws of the state and the provisions of this chapter. It shall be unlawful to divide land without obtaining tract survey approval, when required.
   (B)   The provisions of this chapter shall not apply, except as noted with respect to tract surveys, and no plat is required in any of the following instances (Plats Act, 765 ILCS 205/0.01 et seq.):
      (1)   The division or subdivision of land into parcels or tracts of five acres or more in size which does not involve any new streets or easements of access;
      (2)   The division of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access;
      (3)   The sale or exchange of parcels of land between owners of adjoining and contiguous land except where the transfer results in the creation of another buildable lot;
      (4)   The conveyance of parcels of land or interests therein for the use as a right-of-way for railroads or other public utility facilities and other pipelines which does not involve any new streets or easements of access;
      (5)   The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access;
      (6)   The conveyance of land owned for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use;
      (7)   Conveyances made to correct descriptions in prior conveyances;
      (8)   The sale or exchange of parcels or tracts of land following the division into no more than two parts of a particular parcel or tract of land existing on 7-17-1959, and not involving any new streets or easements of access. If a division is made prior to 10-1-1973, for which an exemption is claimed pursuant to this division (B)(8), and the division results in one part being greater than five acres and the other part being less than five acres, then the subsequent division of the part greater than five acres shall qualify for the exemption set forth in division (B)(9) below. If a division is made on or after 10-1-1973, for which an exemption is claimed pursuant to this division (B)(8) and the division results in one part being greater than five acres and the other part being less than five acres, then the subsequent division of the part greater than five acres shall not qualify for the exemption set forth in division (B)(9) below;
      (9)   The sale of a single lot less than five acres from a tract of five acres or larger when a survey is made by a registered surveyor; provided, however, that, this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions and configuration of the larger tract on 10-1-1973; and, provided that, this exemption does not invalidate any other local requirements applicable to the subdivision of the land; and
      (10)   The division of a lot of record as of 1-1-1996, if the new lots created by such division, together with any structures existing as of the date of the division, meet all requirements of Ch. 157 of this code of ordinances for the village with respect to the zoning district in which such new lots are located, and not involving any new streets or easements of access; provided, however, that, this exemption shall not apply to the further division of any lots created thereby.
   (C)   A tract survey shall be required for a division or subdivision of land for which no plat is required under division (B) above. All tract surveys shall be approved and recorded in accordance with §§ 155.180 through 155.183 of this chapter.
(Prior Code, § 150.005) (Ord. 96-006, passed 2-5-1996)
§ 155.006 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALLEY. A public way used primarily as a service access to the rear or side of a property which abuts on a street.
   ARTERIAL ROADWAY NETWORK PLAN. The portion of the Comprehensive Plan, if adopted, providing and planning for the present and future system of streets for the village.
   AS-BUILT PLANS. Final plans showing any changes from the construction plans, indicating in detail how the project was constructed. Such plans show all public facilities as built on the surface and underground, both on public property and on easements and also indicate all private utility locations that are known. Details shown include: sanitary and storm sewers, manholes, invert grades, benchmarks, location of sanitary sewer laterals, street inlets, hydrants, general flow of surface water and grades for drainage swales on the lot. The AS-BUILT PLANS carry the seal of a registered professional engineer certifying that construction was completed in conformance with the plans and specifications.
   BLOCK. A tract of land bounded by streets, or by a combination of streets, parks, railroad rights-of-way or bodies of water.
   COLLECTOR STREETS. Streets penetrating neighborhoods collecting traffic from local streets and channeling it into the arterial street system. A minor amount of through traffic may be expected, but collector streets primarily provide land access service and carry local traffic movements within residential neighborhoods and commercial and industrial areas.
   CONSTRUCTION PLANS. The drawings prepared in the manner and containing the data, documents and information required by §§ 155.040 through 155.043 of this chapter.
   COVENANTS. A private agreement written into the deed in which property owners of the development promise to do or refrain from doing certain acts.
   CUL-DE-SAC. A permanent street with a single access point that ends in a turnaround and cannot be further extended without taking property not dedicated as a street. A CUL-DE-SAC begins at its point of intersection with a street with multiple access.
   DEDICATE. To transfer ownership of land, either fee simple or a partial interest, for a public use and for a public body to accept it for that public use.
   DRAINAGE COURSE. A natural watercourse, swale, depression or ditch for the drainage of surface waters and storm waters.
   EASEMENT. A liberty, privilege or advantage which a party or the general public may have regarding the land of another. The remainder of the rights in the land remain in the hands of the owner who retains the legal title.
   EXISTING TOWNSHIP HIGHWAY. Any public road in the township which is owned and maintained by the township.
   FINAL PLAT. The drawing of a subdivision prepared in the manner and containing the data, documents and information required by this chapter showing lots of record and which is to be recorded.
   FLAG LOT. A lot located behind another lot or parcel with access to a public street only by a narrow strip of land extending from the buildable area of the lot to the street.
   IDOT. The Illinois Department of Transportation.
   IEPA. The Illinois Environmental Protection Agency.
   LARGE SCALE DEVELOPMENT. A form of land subdivision which involves the construction of a multi-family or commercial building on a lot or parcel of land seven acres or more in size or two or more principal multi-family or commercial buildings on a lot or parcel of land of any size served by an internal street and utility distribution.
   LOCAL STREETS. Streets not classified in a higher system which primarily provide direct access to abutting land and access to higher types of roadways. They offer the lowest level of mobility being the narrowest and shortest streets in the street system. Service to through traffic is deliberately discouraged.
   LOCATION MAP. A preliminary drawing or map of a proposed subdivision containing the data and information required by this chapter.
   LOT. The tract within a subdivision marked by the subdivider as a numbered tract to be offered as a unit of land for sale or transfer of ownership.
   MAJOR ARTERIAL STREETS AND ROADWAYS. The highest traffic volume corridors serving major activity centers and the longest trip desires. Service to abutting land is subordinate to the provision of travel service to major traffic movements. They are normally spaced on a one-mile grid pattern and may include expressways.
   MAY. Means something is discretionary.
   MINOR ARTERIAL STREETS AND HIGHWAYS.
      (1)   Streets and roadways which interconnect with and augment the major arterial street system and provide service trips of moderate length at a somewhat lower level of travel mobility than major arterials.
      (2)   MINOR ARTERIALS place more emphasis on land access and distribute travel to geographic areas smaller than those identified with major arterials.
   MINOR SUBDIVISION. The creation of a total of up to four lots (counting the original tract from which the lots are created) which front along a public road.
   OFFICIAL PLAN or COMPREHENSIVE PLAN. The Riverton, Illinois, Comprehensive Plan, if adopted.
   OWNER.
      (1)   Any or all persons, entities, trusts or corporation holding legal title to the land to be subdivided.
      (2)   If the OWNER is a trust, all beneficiaries shall be listed as OWNERS.
      (3)   If the OWNER is a corporation, all principals and officers shall be listed as OWNERS.
   PAVEMENT WIDTH. The distance from the edge of the pavement to the edge of the pavement, but not including curb and gutter.
   PLANNED UNIT DEVELOPMENT. A form of land subdivision that allows the development of ten or more acres of land with variations of some of the restrictions of standard zoning and subdivision regulations.
   PLANNING COMMISSION or COMMISSION. The Riverton Planning Commission.
   PLAT. The action of officially subdividing land or the final plat which is approved by the village and recorded.
   PLATS OFFICER. The Zoning Administrator of the Village of Riverton.
   PRELIMINARY PLAN. A plan of proposed subdivision or greater area prepared in the manner and containing the data, documents and information required by this chapter.
   PRINCIPAL BUILDING. A building in which the principal use of the lot on which it is located is conducted.
   PRIVATE STREET. A purported street, way or strip of land reserved for the use of a limited number of persons or purposes and which is not a publicly dedicated street.
   PUBLIC CROSSWALK. A ten-foot right-of-way through the interior of a block in which a sidewalk meeting the construction standards of this chapter is built.
   PUBLIC IMPROVEMENT. Any street, sanitary sewer, storm sewer, drainage way, water main, sidewalk, parkway or other facility which the village or other governmental unit owns, maintains and operates.
   PUBLIC STREET. A street owned and maintained by a governmental body.
   RECORD. To file a final plat approved by the village with the County Recorder of Deeds.
   RIGHT-OF-WAY. A strip of land which has been dedicated in fee simple to a public body for streets, alleys and other public improvements as determined by the public body.
   SANITARY SEWER. A constructed conduit connected with the sewer system that is designed to carry liquids and solids other than storm water to the Springfield Metro Sanitary District sanitary sewer treatment plants.
   SERVICE ACCESS STREET. A street parallel to and adjacent to a major arterial which provides access from the arterial to abutting properties.
   SETBACK. The minimum horizontal distance required between the building and the lot line adjoining the street right-of-way.
   SHALL. Something is mandatory.
   SKETCH PLAN. A general layout of a proposed subdivision prepared in the manner and containing the information required by this chapter.
   STORM SEWER. A constructed conduit for carrying storm water to a drainage course.
   STORM WATER. Water from roof downspouts, basement footing perimeter drains and yard drains as well as surface runoff.
   STUB STREET. A street which is intended to be extended, but which temporarily ends.
   SUBDIVIDER. Any or all owners, agents or persons controlling land who commence proceedings under this chapter by submitting location and sketch maps to the Planning Commission office or by making land improvements in the form of buildings, drives and utilities, but not necessarily involving the actual division of land.
   SUBDIVISION OF LAND.
      (1)   The:
         (a)   Division of land into two or more parts, any of which is less than five acres in size (see § 155.005(A) of this chapter for exemptions);
         (b)   Dedication of streets or easements of access; or
         (c)   Creation of a planned unit development.
      (2)   In the event a subdivision is a planned unit development, the standards and regulations of this chapter shall govern.
   SUPERINTENDENT OF HIGHWAYS. The County Superintendent of Highways.
   SURETY. A bonding agency that is financially qualified to do business in the state.
   THROUGH LOT. Any lot which is not a corner lot and which adjoins two streets that are parallel or within 45 degrees of being parallel to each other.
   TOWNSHIP HIGHWAY COMMISSIONER. The Township Highway Commissioner for the township in which the subdivision is located.
   TRACT SURVEY. A land survey, made by a state professional land surveyor, complying with the requirements of § 1 of an Act to Revise the Law in Relation to Plats (765 ILCS Ch. 205/0.01), as now or hereafter amended.
   TRAFFIC-CONTROL DEVICE. Any sign, signal marking or device placed on or adjacent to a street or highway by authority of the village, the Illinois Department of Transportation or the County Superintendent of Highways.
   VILLAGE. The Village of Riverton, Illinois.
   VILLAGE CLERK. The Village Clerk of the village.
   VILLAGE’S CONSULTING ENGINEER. The professional engineer appointed or designated by the Village Board of Trustees.
   WATER DEPARTMENT. The Water Department of the village.
   ZONING ADMINISTRATOR. The Zoning Administrator of the village.
(Prior Code, §150.006) (Ord. 96-006, passed 2-5-1996; Ord. 15-027, passed 10-5-2015; Ord. 19-018, passed 5-20-2019)
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