TITLE 11
LAND SUBDIVISIONS
CHAPTER 1
GENERAL SUBDIVISION PROVISIONS
SECTION:
11-1-1: Short Title
11-1-2: Jurisdiction and Purpose
11-1-3: Rules of Construction; Definitions
11-1-4: Conceptual Drawing
11-1-5: Subdivision Variation or Modification
11-1-6: Planned Unit Developments
11-1-7: Appendices
11-1-8: Penalties
11-1-1: SHORT TITLE:
These regulations shall be known and cited as the SHOREWOOD SUBDIVISION AND DEVELOPMENT ORDINANCE. (Ord. 93-721, 12-14-93)
11-1-2: JURISDICTION AND PURPOSE:
   A.   Jurisdiction: The rules and regulations governing plats and subdivisions of land contained herein shall apply to all land within both the corporate limits of the Village of Shorewood, and within unincorporated area within one and one-half (11/2) miles beyond the corporate limits of the Village as existing at the time of adoption of this Title or as may be extended thereafter by annexation or otherwise. In the event of overlapping jurisdiction within such one and one-half (11/2) miles, the extent of jurisdiction hereunder shall be as determined and agreed upon between Shorewood and the other municipalities concerned, and in the absence of such agreement, as may be determined according to law. The provisions of this Title shall also apply to all planned unit developments whether residential, commercial or otherwise in nature, and to any other developments whether a subdivision is required or not under the law, statutes, ordinances or regulations of the governmental body or agency having jurisdiction or control, and regardless of whether the same is labeled a subdivision or not, it being the intent of this Title to apply to all types of development, both within the Village and to areas lying within one and one-half (11/2) miles of the corporate limits of the Village of Shorewood, Will County, Illinois.
   B.   Purpose:
      1.   It is the purpose of these regulations to establish minimum requirements for the subdivision of land within the corporate limits of the Village and within the subdivision review and regulatory jurisdiction of the Village, in order to protect, safeguard and promote the public health, safety, convenience and welfare of the community. In addition to establishing minimum requirements, these regulations attempt to assist land developers and public officials in processing subdivisions. These regulations are designed to:
         a.   Facilitate the orderly growth and development of the Village by providing suitable residential, commercial and industrial development.
         b.   Provide adequate traffic circulation through street systems with consideration to major thoroughfares, adjoining subdivisions and public facilities.
         c.   Achieve individual property lots of maximum utility and livability.
         d.   Insure adequate provisions for water drainage, sanitary sewer and water facilities, utilities and other health related requirements.
         e.   Provide adequate park and recreational areas, school sites and other public facilities.
         f.   Facilitate the subdivision of large tracts into smaller parcels of land.
      2.   These regulations are also formulated to aid in the enforcement of development standards as provided in various Village ordinances including, but not restricted to, the Building Code, Zoning Ordinance and the Comprehensive Plan of the Village. (Ord. 93-721, 12-14-93)
11-1-3: RULES OF CONSTRUCTION; DEFINITIONS:
Unless another meaning is indicated, this Title shall be interpreted in accordance with the following rules of construction:
   A.   The singular number includes the plural and the plural the singular.
   B.   The present tense includes the past and future tenses and the future the present.
   C.   The word "shall" is mandatory, while the word "may" is permissive.
   D.   The masculine gender includes the feminine and neuter.
   E.   Whenever a word or term defined hereinafter appears in the text of this Title, its meaning shall be construed as set forth in the definition thereof, and any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as that word.
The following words and terms, wherever used in this Title shall be construed and defined as follows:
   BLOCK: A tract of land bounded by streets or by a combination of streets and public parks, railroad rights of way or other similar natural boundaries. A block may be located in part beyond the boundary lines of the corporate limits of the Village.
   BUILDING COMMISSIONER or BUILDING INSPECTOR: The Building Inspector of the Village or his duly authorized representative.
   BUILDING SETBACK LINE: A line within a lot or other parcel of land, which denotes the area between such line and the adjacent street right-of-way line where a building and other obstructions are prohibited, except those obstructions that are permitted by Zoning Ordinance regulations.
   COMPREHENSIVE PLAN: Refers to the composite of the functional and geographic elements of the Comprehensive Plan of the village and environs or any segment thereof, in the form of plans, maps, charts, text of reports, implementing ordinances and the official map.
   CONCEPTUAL DRAWING: A preliminary sketch of a proposed development intended for feasibility study purposes only. The conceptual drawing can include street and lot configurations, estimated minimum and maximum lot size, public land dedications, land use information and major natural features including floodplain and floodway.
   COUNTY SUBDIVISION ENGINEER: The Will County subdivision engineer and his staff.
   CUL-DE-SAC: A local street with a single outlet.
   DEVELOPER: Any person, firm, business, trust, corporation or other entity engaged in the business of subdividing, developing or otherwise improving land.
   EASEMENT: Land set aside over or under which a right, privilege, use or advantage in land is dedicated and is distinct from ownership of the land and is granted either to the public, a particular person or a combination of both.
   FINAL PLAT: A map of all or part of the subdivision prepared and certified by a registered Illinois land surveyor and certified by a registered Illinois engineer in accordance with the requirements of the applicable provisions of the Illinois Compiled Statutes as amended and other applicable governmental regulations including this title and suitable for recordation by the county recorder of deeds.
   FRONTAGE ROAD: A minor street which is parallel to and either adjacent to or within the right of way of a thoroughfare.
   HALF STREET: A street of less than the total required width along one or more property lines of a subdivision.
   LAND IMPROVEMENT: Any sanitary sewer system, storm sewer system, water supply and distribution system, roadway, side strip, sidewalk, pedestrianway, no access strip, off street parking area, lot grading or other improvement which the village may require under this title.
   LOCAL STREET: Roads primarily serving to provide access to abutting property and connect with minor collector and/or major thoroughfares discouraging through traffic.
   LOT: A portion of a subdivision or other parcel of land intended for transfer of ownership or for building development.
   LOT CONSOLIDATION: The merger of separate parcels, tracts of land or lots into a single parcel, lot or tract of land.
   LOT, DOUBLE FRONTAGE: A lot which has a pair of opposite lot lines along two (2) substantially parallel streets.
   MAJOR ARTERIAL: All state and U.S. designated highways connecting between designated highway and freeway interchanges and other heavily traveled streets described in the major transportation plan as primary arterials.
   MAJOR COLLECTOR STREET: All secondary thoroughfares shown on the major thoroughfare plan. Major collector streets serve to collect and distribute medium volume traffic between major thoroughfares and minor collector streets and include section line roads.
   MASTER PLAN: The official village comprehensive plan depicting among other things, land uses, major water and sanitary sewer mains and major drainageways, highways, roadways, primary and secondary thoroughfares and parkways of the village and environs, described in the master plan.
   MINOR COLLECTOR STREET: Streets used to collect and distribute medium volume traffic between minor thoroughfares, major collectors, local streets and abutting property.
   NGVD: National geodetic vertical datum.
NO ACCESS STRIP: A land area at least twelve feet (12') wide along the rear lot line of a double frontage lot and abutting a thoroughfare within which no vehicular driveway shall be permitted.
   OFFICIAL MAP: The official map of Shorewood, Illinois.
   OPEN SPACE: Any space or area of land or water essentially unimproved or otherwise devoid of buildings or other structures and paved areas and set aside, dedicated, designated or reserved for public or private use or enjoyment of owners and occupants of land adjoining or neighboring such open space.
   OWNER OR SUBDIVIDER: Shall include any person, firm, association, partnership, private corporation, public or quasi-public corporation or a combination of any of them or other legal entity having sufficient proprietary interest in the land sought to be subdivided or divided to commence and maintain proceedings under the provisions of this chapter.
   PEDESTRIANWAY: A right of way across or within a block designated for pedestrian use.
   PLAN COMMISSION: The plan commission of Shorewood, Illinois.
   PLANNED UNIT DEVELOPMENT (PUD): A residential, commercial, industrial or mixed use development which complies with the appropriate zoning classification (i.e., residential, business, industrial) for the property which allows greater design flexibility but requires more precise controls than provided for in other zoning classifications.
   PLAT: A map showing divisions of land and property.
   PRELIMINARY PLAT: A preliminary map prepared by a registered Illinois land surveyor and a registered Illinois engineer showing the proposed layout of a subdivision in sufficient detail to allow review by the platting authority and other interested agencies and meeting the requirements of these and other applicable regulations.
   ROADWAY: That portion of the street designated for vehicular use.
   SERVICE DRIVE: A passage or way affording generally a secondary means or vehicular access to abutting properties and not intended for general traffic circulation.
   SIDE STRIP: The unpaved strip of land within a street right of way and is parallel to the roadway.
   SIDEWALK: That portion of the street right of way or other area designated for pedestrian use.
   STREET: A private or public right of way which affords pedestrians and vehicles primary access to abutting properties. No name or designation shall be material to this definition.
   STREET WIDTH: The shortest distance between the right of way lines of a given street.
   SUBDIVISION:
   A.   A described tract of land which is to be or has been divided into two (2) or more parcels of land;
   B.   Any division of land which creates a lot for transfer of ownership and/or building development where a new street is involved; or
   C.   The dedication of streets, ways or other areas for the use of the public.
Division of a tract into lots of five (5) or more acres shall not be deemed a subdivision, if the division does not require a new street. Additionally, no division of a tract shall be deemed a subdivision if it merely transfers ownership to adjacent property owners without creating additional lots.
The term "subdivision" includes "resubdivision" and, where it is appropriate to the context, relates to the process of subdividing or to the land subdivided.
   SUBDIVISION DESIGN STANDARDS: The basic land planning principles established as guides for the preparation of preliminary plats.
   UTILITIES: Overhead and/or underground gas, electrical, telephone, cable television, water, sanitary sewer and storm sewer transmission or distribution systems.
   VILLAGE: The village of Shorewood, Illinois.
   VILLAGE BOARD: The village board of the village of Shorewood, Illinois.
   VILLAGE CLERK: The village clerk of the village of Shorewood, Illinois.
   VILLAGE ENGINEER: A trained, licensed, and registered Illinois professional civil engineer hired by the village as a consultant or as an employee, to advise and represent the village in engineering matters.
   WILL COUNTY ENGINEER: The individual appointed by Will County, Illinois, to supervise the county roadway system. (Ord. 93-721, 12-14-1993; amd. Ord. 05-1312, 9-27-2005, eff. 10-2-2005)
11-1-4: CONCEPTUAL DRAWING:
   A.   Prospective subdividers and developers are encouraged to, and upon the direction of the village administrator shall, prepare a conceptual drawing or sketch of the proposed plat of site plan for submission to the planning commission. There is no prescribed format for a conceptual drawing. It should, however, provide the village staff and planning commission with an understanding of the type and location of the development, as well as its size and general layout. The drawing should include as much detail as is necessary to allow the village staff, the planning commission, and village professional consultants to advise the prospective subdivider or developer regarding the acceptability of the project and recommend appropriate changes. The conceptual plan shall include location of streets, subdivision layout, storm water management and dedications. The location of streets and lot sizes should be included.
   B.   The developer shall submit fifteen (15) copies of the conceptual plan to the village administrator at least two (2) weeks prior to the regular village plan commission meeting. (Ord. 93-721, 12-14-1993)
11-1-5: SUBDIVISION VARIATION OR MODIFICATION:
In any case where the developer can show that by reason of exceptional topographic or other physical conditions, strict compliance with any requirement of this title would cause undue hardship, the planning commission may recommend a variance to the board of trustees. The board of trustees may vary such requirements to the extent deemed just and proper, so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public good and without impairing the intent and purpose of these regulations or the desirable general development of the neighborhood and the community in accordance with the master plan and the zoning ordinance. Any variance thus granted by the board of trustees shall be in writing, filed with the records of the subdivision in the office of the planning commission, and shall set forth the final basis on which it was granted. (Ord. 93-721, 12-14-1993)
11-1-6: PLANNED UNIT DEVELOPMENTS:
   A.   The standards and requirements of these regulations may be modified by village board upon the recommendation of the planning commission in the case of a plan and program for a complete community or a planned unit development which in the judgment of village board upon the recommendation of the planning commission will provide adequate public spaces and improvements for traffic circulation, recreation, light, air, and the service needs of the area when fully developed and populated.
   B.   Such plan and program shall include such legal provisions as will assure achievement of the plan as finally approved by the village board.
   C.   Procedure for submitting, processing and disposition of proposals for planned unit developments shall be in accordance with applicable plans and village ordinances and shall proceed with any rezoning seeking PUD. (Ord. 93-721, 12-14-1993)
11-1-7: APPENDICES:
The appendices attached to ordinance 93-721 are a portion of this title and are hereby incorporated by reference. The information and provisions of the appendices pertain to engineering design of improvements and letters of credit and are to be adhered to in the preparation of the engineering and design of all proposed subdivisions and improvements required in this title. In matters of engineering design not provided for in the body of this title nor in the appendices hereto, the latest sound engineering principles and materials shall be provided, all subject to approval of the village engineer. The format of the letters of credit in the exhibits are to be adhered to in the preparation of all letters of credit. (Ord. 93-721, 12-14-1993)
   EXHIBITS
   A.   Village easement.
   B.   Table of minimum design standards for streets.
   C.   Standard construction details.
   D.   Construction specifications.
   E.   Certificates. (Ord. 07-1436, 9-11-2007)
11-1-8: PENALTIES:
Any person, who violates, omits, neglects, refuses or in any manner fails to comply with any of the provisions of these regulations shall be fined not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. In addition, the village shall have such other remedies as may be available at law and equity. (Ord. 93-721, 12-14-1993)