This title shall be known, referred to and cited as the 1984 LAND SUBDIVISION ORDINANCE OF THE VILLAGE OF SHERMAN, ILLINOIS. (1984 Code § 6-1-1)
A. The purpose of this title is to regulate and control the division of land within the plat approval jurisdiction of the village, to prevent the subdivision of land for uses to which the land is not suited, and to prevent serious hazards and problems to the citizens of the community. This title will provide for the improvement of the public health and safety; the harmonious development of the village and its environs; the coordination of streets, public areas, and other features of the official village plan; and the protection of the community's taxable resources by requiring that subdivisions be designed and developed so as not to impose excessive maintenance burdens on the community, but at the same time allow for reasonable development costs for the developer and homeowner.
B. This title is intended to establish regulations specifically needed to:
1. Provide for the orderly division of land by requiring the proper description, monumentation, and recording of subdivided lands.
2. Provide reasonable protection and conservation of those natural resources (land, air, vegetation, water) upon which the continued prosperity, safety, health, and welfare of the community may depend.
3. Prevent scattered development beyond the reasonable service area of the community facilities and utilities.
C. It is also the intention of this title that any land divided hereunder shall result in the creation of lots that are of sufficient size and shape to be practically used and that will serve the public in a reasonable fashion over a long period of time. (1984 Code § 6-1-3)
The plat jurisdiction of the village shall include all land within the corporate limits of the village and all unincorporated land within one and one-half (11/2) miles of the corporate limits of the village, except when a contractual agreement has been established between Sherman and other municipalities concerning jurisdictional powers in the one and one-half (11/2) mile overlap areas between the two (2) municipalities. The village will then have subdivision control in that portion of the overlap area established by the agreement. (1984 Code § 6-1-2)
It shall be unlawful for a subdivider of land within the subdivision jurisdiction of the Village of Sherman to subdivide land into lots, blocks, streets, alleys, or public open space unless by plat in accordance with the laws of the State of Illinois and the provisions of this title. It shall be unlawful to divide land without obtaining tract survey approval, when required.
A. The provisions of this title shall not apply, except as noted with respect to tract surveys, and no plat is required in any of the following instances:
1. The division or subdivision of land into parcels or tracts of five (5) acres or more in size which does not involve any new streets or easements of access;
2. The division of lots or blocks less than one acre in any recorded subdivision which does not involve any new streets, easements of access or drainage and utility easements;
3. The sale or exchange of parcels of land between owners of adjoining and contiguous land where the transfer results in the same number of parcels;
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 pipe lines 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 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 (2) parts of a particular parcel or tract of land existing on July 17,1959 and not involving any new streets or easements of access. If a division is made prior to 10-1-73 for which an exemption is claimed pursuant to this subsection (A)(8), and the division results in one part being greater than five (5) acres and the other part being less than five (5) acres, then the subsequent division of the part greater than five (5) acres shall qualify for the exemption set forth in subsection (A)(9) of this Section. If a division is made on or after 10-1-73 for which an exemption is claimed pursuant to this subsection (A)(8), and the division results in one part being greater than five (5) acres and the other part being less than five (5) acres then the subsequent division of the part greater than five (5) acres shall not qualify for the exemption set forth in subsection (A)(9);
9. The sale of a single tract less than five (5) acres from a tract of five (5) acres or larger when a survey is made by a registered land 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 October 1,1973, and provided that this exemption does not invalidate any other local requirements applicable to the subdivision of the land. For the purpose of this subsection (A)(9), if a tract of five (5) acres or greater existed prior to 10-1-73, its division on or after 10-1-73 into two (2) parts, each of which is less than five (5) acres, shall nevertheless qualify for the exemption set forth in this subsection (A)(9).
B. A tract survey shall be required for a division or subdivision of land for which no plat is required under subsection (A) for exceptions (1), (2), (3), (8) and (9). A survey may not be required if the resulting parcel is ten (10) acres or more and can be described as a fractional part in increments of quarter or half sections. A survey may also not be required under (A)(3) if the conveyance can be described by lineal feet of road frontage or lot line and with the portion perpendicular to the frontage being parallel to the common lot. (Ord. 2017-4, 3-21-2017)
For the purpose of this title, certain words, phrases and terms shall be construed as follows:
ALLEY: A public way used primarily as a service access to the rear or side of a property which abuts one street.
AS BUILT PLANS: Final plans showing all changes in the proposed plans, indicating in detail how the project was constructed.
BLOCK: The distance as measured along a street between intersecting streets from centerline to centerline; and where the context requires, the term also means the enclosed area within the perimeter of the streets or property lines enclosing it.
BUILDING LINE: A line so designated on the preliminary plan which delineates the minimum open space required between the front or side of a structure and the street right of way.
COLLECTOR STREET: A street of relatively short length that serves as a connection between a major or secondary thoroughfare and several minor streets. The term includes the principal entrance streets of a residential development and streets for major circulation within such a development.
CONSTRUCTION: The performance of all things necessary to build, rebuild or improve a road or street.
CONSTRUCTION PLANS: The drawings prepared in the manner and containing the data, documents and information required by chapter 3, article C of this title.
CUL-DE-SAC: A short street having only one outlet for vehicular traffic and having the other end permanently terminated by a turnaround for vehicles.
CURB AND GUTTER: The rim forming the edge of a street, plus the channel for leading off surface water, constructed of poured concrete as a single facility.
DEAD END STREET: See definition of Cul-De-Sac.
DRAINAGE COURSE: A natural watercourse, swale, gully, dry stream or ditch which naturally carries stormwater runoff or which is fed by street or building gutters or by stormwater sewers.
EASEMENT: A nonprofitable interest in land owned by another that entitles its holder the right to use the land, but only for a limited and specifically named purpose.
ENGINEER FOR THE VILLAGE: The engineer for the village of Sherman.
FINAL PLAT: The final survey and drawings with supporting material indicating the subdivider's plan of the subdivision which, if approved, shall be filed with the Sangamon County recorder of deeds.
HIGHWAY: Includes rights of way, roadbeds, bridges, drainage structures, signs, guardrails, protective structures and other structures and appurtenances necessary or convenient for vehicular traffic.
INDUSTRIAL OR COMMERCIAL STREET: A street of relatively short length and limited continuity that provides direct access to an industrial or commercial district and is designed to discourage use by through traffic.
LOCATION MAP: A preliminary drawing of a proposed subdivision indicating the outline of the area to be subdivided with approximate boundary dimensions and total acreage along with any existing and proposed roads, utilities, and other public facilities expected to service the area.
LOT: A tract, plot, or portion of a subdivision intended as a unit for the purpose, whether immediate or future, of transfer of ownership or development. A "lot" may or may not coincide with a "lot of record".
LOT, CORNER: A lot having at least two (2) adjacent sides that abut for their full length upon a street.
LOT LINE, FRONT: The lot line abutting a dedicated state highway, county highway, township road, district road, street or federal aid highway.
LOT LINE, REAR: An interior lot line which is not a front lot line or a side lot line.
LOT LINE, SIDE: Any lot boundary which is not a front lot line or a rear lot line.
LOT, THROUGH: A lot having a pair of approximately parallel lot lines that abut two (2) approximately parallel streets. Both such lot lines shall be considered front lot lines.
MAINTENANCE: The performance of all things necessary to keep a highway in serviceable condition for vehicular traffic. Maintenance includes the plowing of snow.
OWNER: Any individual, firm, association, partnership, trust, corporation or other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this title.
PEDESTRIANWAY: A public right of way across or within a block designed primarily for use by pedestrian traffic.
PERSON: Any agent, individual, firm, association, organization, partnership, corporate body or similar entity.
PLANNED UNIT DEVELOPMENT: Any area or tract of land of ten (10) acres or more under single or common ownership to be developed as a single entity and classified as a conditional permitted use in a residential district.
PRELIMINARY PLAN: Refers to a preliminary survey, drawings, and supportive material indicating the proposed layout of a subdivision.
PUBLIC IMPROVEMENT: Refers to site grading, or any street, curb and gutter, sidewalk, drainage ditch, sewer, catch basin, pedestrianway, street name and traffic control sign, or other facility necessary for the general use of property owners in a subdivision.
RECORDER: The recorder of deeds for Sangamon County.
RESTRICTIVE COVENANTS: Contracts entered into between private parties and constitute a restriction on the use of all private property within a subdivision for the benefit of property owners, and to provide mutual protection against undesirable aspects of development which would tend to impair stability of values and shall be required to accompany the final plat at the time of recording.
ROADBED: The graded portion between edge of shoulder and edge of shoulder.
SANITARY SEWER: A constructed conduit for the collection and carrying of liquid and solid sewage wastes, other than stormwaters, to a sewage treatment plant.
SERVICE ACCESS STREET: A street parallel to and adjacent to a controlled access thoroughfare which serves abutting properties.
SEWAGE SYSTEM, INDIVIDUAL: A system of piping, tanks and other facilities serving only one lot.
SIDEWALK: A paved pedestrianway intended for pedestrian use.
STANDARD SPECIFICATIONS: The standard specifications for road and bridge construction, adopted by the department of transportation, state of Illinois, latest revision, at time of construction plan approval.
STORM SEWER: A constructed conduit for carrying stormwaters to a drainage course.
STREET AND THOROUGHFARE PLAN: The portion of the official village plan providing and planning for the present and future system of streets for the village.
SUBDIVIDER: Any owner, agent or person controlling land who commences, under this title, proceedings by submitting a location map to the planning committee.
SUBDIVISION OF LAND:
A. The division of land into two (2) or more parts, any of which is less than five (5) acres in size (see 11-1-3-1 for exemptions);
B. The dedication of streets or easements of access.
C. Creation of a planned unit development
D. Creation of a large scale development; or
E. Actions resulting in a new description of land not previously recorded.
SURETY: A bonding agency that is financially qualified to do business in the state of Illinois.
TOWNSHIP HIGHWAY COMMISSIONER: The township highway commissioner for the township(s) in which the subdivision is located.
TRAFFIC CONTROL DEVICE: Any signs, signals, markings and devices placed on or adjacent to a street or highway by authority of the village of Sherman, the state of Illinois, department of transportation or the Sangamon County superintendent of highways.
VILLAGE CLERK: The village clerk of the village of Sherman. (1984 Code § 6-2-1; amd. Ord. 1999-26, 9-7-1999; 2010 Code; amd. Ord. 2017-4, 3-21-2017)
Loading...