1. Applicability. Approval of a subdivision application shall be required for the subdivision or resubdivision of a lot into two or more lots, the consolidation of two or more lots, or a change in the boundary of one or more lots. An applicant must comply with these regulations in order to divide, consolidate, or alter the boundaries of a lot within the Village or within its extraterritorial jurisdiction. The Village shall not grant any permits for the improvement or occupancy of any lot until the requirements of this Section have been met and the subdivision application has been approved, the final plat has been recorded with the Kane County Recorder of Deeds, and a copy of the recorded document deposited with the Village.
3. Plat Act Exceptions. Properties exempt from Village subdivision approval by the Plat Act (ILCS Ch. 765, Act 205, §§ 1 et seq.) are exempt from the subdivision procedures of this Article, subject to those properties complying with the applicable Plat Act procedures.
4. Subdivision Classification. Subdivisions shall be classified as minor subdivisions or major subdivisions according to the following standards.
a. Minor Subdivision. A minor subdivision involves any of the following:
(1) The division of a single lot into three or fewer lots which front on an existing right-of-way that is not a state or county highway, is served by existing streets and utilities, does not involve the dedication of land for public rights-of-way, parks, or other public purposes, does not require any other public improvements, and does not require any exceptions or variances from this Ordinance.
(2) The consolidation of, or change in the boundary between, three or fewer adjoining lots.
b. Major Subdivision. A major subdivision involves any of the following:
(1) The division of a single lot into four or more lots.
(2) Any division or consolidation that involves the construction of new rights-of-way, access to a state or county highway, the extension of utilities or rights-of-way, or the dedication or vacation of land for public rights-of-way, parks, or other public purposes.
(3) The consolidation of, or change in the boundary between, four or more adjoining lots.
5. Subdivision Procedure. This Ordinance classifies subdivision applications as either minor subdivisions approved by the Zoning Administrator, or major subdivisions approved by the Village Board. Applications for minor subdivisions and major subdivisions shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).
a. Minor Subdivision. Approval of a minor subdivision requires a pre-application consultation, preliminary plat approval, and final plat approval.
(1) Pre-Application Consultation. The purpose of the required pre-application consultation is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate Village staff prior to preparing the required preliminary plat.
i. The applicant shall provide a required sketch plan of the proposed subdivision showing the layout of lots and other features in relation to existing conditions.
ii. During the pre-application consultation, the Zoning Administrator will determine if the proposed subdivision is exempt from any items required in the preliminary plat submittal.
(2) Approval of Preliminary and Final Plats. The purpose of the required preliminary plat and final plat are to allow the applicant to obtain final minor subdivision application approval from the Zoning Administrator.
(a) Action by the Zoning Administrator.
i. Upon determining that the application is complete, the Zoning Administrator shall evaluate the application pursuant to the standards of Section 156.04 (Subdivision Development Standards) and Section 156.06 (Zoning District Regulations). The Zoning Administrator may consult with other staff during the evaluation process.
ii. The Zoning Administrator shall render a decision within 30 days after receipt of a complete application and take action in the form of approval, approval with conditions, or denial of the application.
a. If a preliminary plat is approved without conditions, the applicant may prepare a final plat and submit to Zoning Administrator for review and approval.
b. If a preliminary plat is approved with conditions, the applicant must revise the plat based on such conditions, and present the revised plat to the Zoning Administrator for approval. Following approval of the revised preliminary plat, the applicant may prepare a final plat and submit to Zoning Administrator for review and approval.
c. If the preliminary plat is denied, the applicant may appeal the decision to the Planning and Zoning Commission within 30 days after the date of the final decision in accordance with § 156.03.C.8 (Zoning Appeal).
iii. Following final plat approval by the Zoning Administrator, the Zoning Administrator may sign the approved final plat.
(b) Recording of Final Plat.
i. The Village will record the final plat with the Kane County Recorder of Deeds. One copy of the recorded final plat shall be deposited with the Village, and will become the property of the Village. All fees for copies of the final plat shall be the responsibility of the applicant.
ii. No building permit shall be issued for the subject property until the final plat has been recorded with the Kane County Recorder of Deeds and a copy of the recorded document deposited with the Village.
b. Major Subdivision. Approval of a major subdivision requires a pre-application consultation, preliminary plat approval, and final plat approval.
(1) Pre-Application Consultation. The purpose of the required pre-application consultation is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate Village staff prior to preparing the required preliminary plat.
(a) The applicant shall provide a required sketch plan of the proposed subdivision showing the layout of lots, stormwater detention areas, and other features in relation to existing conditions.
(b) During the pre-application consultation, the Zoning Administrator will determine if the proposed subdivision is exempt from any items required in the preliminary plat submittal.
(2) Preliminary Plat Approval. The purpose of the required preliminary plat is to allow the applicant to obtain final approval of the preliminary plat from the Planning and Zoning Commission and the Village Board. The application shall include a traffic study prepared by a professional engineer that indicates the traffic impact of the proposed development, except when exempted from this requirement by Zoning Administrator.
(a) Action by the Zoning Administrator.
i. Upon determining that the application is complete, the Zoning Administrator shall evaluate the application pursuant to the standards of Section 156.04 (Subdivision Development Standards) and Section 156.06 (Zoning District Regulations). The Zoning Administrator may consult with other Village staff during the evaluation process.
ii. The Zoning Administrator will prepare written comments on any deficiencies in the preliminary plat, and will forward these comments to the applicant to prepare a revised plat for submission. Upon receipt of the comments, it is the responsibility of the applicant to ensure that all deficiencies are addressed.
iii. The Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon the standards of this Ordinance and schedule the application for consideration by the Planning and Zoning Commission.
(b) Action by the Planning and Zoning Commission.
i. The Planning and Zoning Commission shall conduct a public hearing on a proposed preliminary plat at a meeting in accordance with §156.02.B.4 (Public Hearings and Public Meetings) within 90 days after receipt of a complete application. The 90-day period may be extended with the written consent of the applicant.
ii. The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application.
iii. The Planning and Zoning Commission shall forward its recommendation to the Village Board within 30 days after the close of the public hearing.
(c) Action by the Village Board.
i. The Village Board shall consider the application at a meeting within 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant.
ii. The Village Board shall take action in the form of approval, approval with conditions, or denial of the application.
a. If a preliminary plat is approved without conditions, the applicant may prepare a final plat and submit to the Zoning Administrator for review. Following Zoning Administrator determination that the submitted final plat is consistent with the approved preliminary plat, the application may proceed to Village Board for approval as a final plat.
b. If a preliminary plat is approved with conditions, the applicant must revise the plat based on such conditions and submit to the Zoning Administrator for review. Following Zoning Administrator determination that the submitted final plat is consistent with the approved preliminary plat and all conditions of its approval, the application may proceed to Village Board for approval as a final plat.
c. If a preliminary plat is denied, the Village Board shall state the reason for the denial.
(3) Final Plat Approval.
(a) Action by the Zoning Administrator.
i. The Zoning Administrator shall review the submitted final plat and determine whether the application is complete and that the submitted final plat is consistent with the approved preliminary plat.
ii. The Zoning Administrator will prepare written comments on any deficiencies in the final plat, and will forward these comments to the applicant to prepare a revised plat for submission. Upon receipt of the comments, it is the responsibility of the applicant to ensure that all deficiencies are addressed.
iii. Upon acceptance of a complete application consistent with the approved preliminary plat, the Zoning Administrator shall prepare a report for the Village Board based upon the standards of this Ordinance and schedule the application for consideration by the Village Board.
(b) Action by Village Board.
i. The Village Board shall consider the application at a meeting within 60 days after receiving the final plat report of the Zoning Administrator. The 60-day period may be extended with the written consent of the applicant.
ii. The Village Board shall take action in the form of approval, approval with conditions, or denial of the application.
(c) Recording of Final Plat. The final plat must be recorded within 90 days after Village Board approval of the final plat, unless the applicant requests an extension of time in writing and such extension is agreed to by the Zoning Administrator. The plat approval will expire if the final plat is not recorded in such timeframe, including any agreed upon extensions of time.
i. The Village will record the final plat with the Kane County Recorder of Deeds. One digital copy of the recorded final plat shall be deposited with the Village, and will become the property of the Village. All fees for copies of the final plat shall be the responsibility of the applicant.
ii. A building permit shall not be issued for the subject property until the final plat has been recorded with the Kane County Recorder of Deeds, a copy of the recorded document deposited with the Village, and construction security has been established per § 156.03.B.8 (Construction Security).
6. Fees. Every application shall be accompanied by the required filing fee as established and modified by the Village Board from time to time. Until the fee is paid, no steps shall be taken to process the application. Applications initiated by the Village shall be exempt from fees.
7. Illegal Recording. No subdivision within the Village is entitled to record a final plat until it has been approved in accordance with these regulations. In the event that an unapproved subdivision is recorded, it is invalid and the Village is authorized to prosecute such person and institute proceedings to have the conveyance of the illegal lot nullified and stricken from County records, in addition to all other remedies available to the Village at law or in equity.
8. Construction Security.
a. Timeframe and Amount. After the Village Engineer has approved the final engineering documents, the property owner shall submit to the Village Engineer a construction security to guarantee completion of public improvements. The amount of such construction security shall be determined by the Zoning Administrator, in consultation with the Village Engineer, so that it is sufficient to cover the cost of all public improvements required within such subdivision, but shall not be less than 120% of the estimated final public improvement costs. The construction security shall be made as either a cash security deposit, letter of credit, bond with agreement for its disposition, or other form of surety, all in a format approved by the Zoning Administrator.
b. Procedure. The procedure for initiating a construction security shall include the following:
(1) Withdrawal of Funds. In the event that any public improvement is not properly constructed, completed, and transferred to the Village, the funds represented by the construction security or any portion thereof, may be withdrawn by the Village, upon the discretion of the Zoning Administrator, in consultation with the Village Engineer. The withdrawal of funds shall be honored by the surety and disbursed to the Village to be used for the cost of the maintenance and/or restoration of such public improvements or any portion thereof, or payment for the same, and any administrative costs in taking such action.
(2) The Village may withdraw funds from the construction security if the applicant maintains existing public improvements in a manner that will cause material deterioration of the public improvements, or in a manner that presents an imminent hazard to life or property within the subdivision or adjacent areas.
(3) Insufficient Funds. The applicant shall be responsible to fund any costs described in this section in the event that there are insufficient funds for the construction security. The applicant shall compensate the Village within 30 days of the notice of this deficiency.
(4) Village Discretion. The standards of this section shall not be interpreted to require the Village to complete, maintain, protect, or repair any public improvement which has not been transferred to and accepted by the Village. It is expressly provided that the Village has the right, but not the obligation, to perform such work at its sole discretion.
(5) Reduction of Security. Construction security submitted in accordance with this Section may be reduced or partially discharged prior to completion and acceptance of the public improvements by the Village Board, subject to the following:
(a) The applicant's engineer shall provide a sworn statement attesting to the cost of the work performed, including, without limitation, labor and materials, and estimating the cost of the remaining work to be performed, including, without limitation, labor and materials, to complete all public improvements.
(b) The applicant shall provide written lien waivers for all labor and materials provided when public funds are involved.
(c) No security reduction request shall exceed the cost of the work performed as stated in the applicant's engineer's sworn statement.
(d) No security reduction request shall be approved if doing so would cause the balance of the remaining security funds to be less than 120% of the estimated cost of work, including, without limitation, labor and materials, to complete all remaining public improvements.
(e) No security reduction request shall be approved unless the request is accompanied by the Village Engineer's certificate affirming the applicant's compliance with this Section and the Ordinance, and recommending approval of the security reduction; provided, however, such certificate shall not be construed as partial or complete acceptance of any public improvements by the Village.
c. Indemnification. The Village shall not be liable for any damages that may occur on any dedicated road within a new subdivision that has not been accepted as completed by the Village Board, and the applicant, its agents, and employees shall indemnify, hold harmless, and defend the Village from and against any and all claims that may be asserted.
9. Acceptance of Streets and Public Improvements.
a. Consistency. Inspection and acceptance of subdivision developments shall comply with the procedures of the South Elgin Engineering Design & Inspection Policy Manual.
b. Engineering Inspections.
(1) Approval. All plans and specifications for required subdivision improvements shall be approved by the Village Engineer. All subdivision improvements shall be installed and accepted by the Village Board following approval of the final plat.
(2) As-Built Plans. Following completion of construction, but prior to the Village's acceptance of the public improvements, as-built plans shall be submitted to the Village Engineer indicating the exact locations of all information required by the Village, as listed in the South Elgin Engineering & Inspection Policy Manual, including, but not limited to, water mains and bends, street lighting systems, manholes, storm sewers, sanitary sewers, stormwater best management practices, valves, service connections, and other similar facilities. As-built plans shall be reviewed for accuracy and approved by the Village Engineer.
c. Acceptance of Subdivision Improvements.
(1) Village Board Approval. After the Village Engineer certifies that all required subdivision improvements have been constructed and installed in accordance with previously approved plans and specifications, such improvements shall be accepted by the Village Board.
(2) Permanent Connections. The applicant shall not make any permanent connections to any wastewater collection, water distribution, or street lighting systems until after the Village Engineer has certified that the required improvements have been properly constructed and the applicant has paid all applicable fees.
(3) Partial Development Completion Required. The Village Board shall not accept any streets or public improvements until certificates of occupancy have been issued for at least 80% of the platted lots in the development.
(4) Liability by the Village. The Village shall not be liable for any damages that may occur on any dedicated right-of-way within a new subdivision that has not been accepted by the Village Board. These provisions shall be included in any subdivision improvement agreement between the Village and the developer. The developer, its agents, and employees shall indemnify, hold harmless, and defend the Village against all claims that may be submitted.
d. Deposit Required. No improvements shall be accepted by the Village until the applicant provides a cash deposit, irrevocable letter of credit, or maintenance bond equal to 20% of the estimated cost of the improvements. This deposit shall guarantee satisfactory performance of the improvements constructed within the subdivision and the Village shall hold the deposit for 18 months after accepting such improvements.
e. Refund Requirements. After the end of this 18-month period, the deposit shall be refunded, or the letter of credit, or bond shall be released if no defects in materials or workmanship have developed. If any defects have developed, then the applicant shall be responsible for repairing all such defects.
f. Performance Guarantee Release. The deposit required by § 156.03.B.9.c (Deposit Required) shall be posted with the Village immediately upon completion and approval of the construction of said improvements, and the performance guarantee for the improvement shall thereupon be released.
g. Snow, Ice, and Debris Removal. The developer shall be responsible for keeping clear of snow, ice, and debris all dedicated streets within the subdivision which have been improved but not yet accepted by the Village. If the developer fails to clear snow, ice, or debris from any such street within six hours of any snowfall or debris-causing event, such failure shall be considered a violation of the provisions of this Section.
h. Improvement Conveyance. As a condition of acceptance of all required subdivision improvements, the developer shall convey all completed improvements to the Village by a bill of sale in a form approved by the Village Attorney.
I. Inspection at Developer's Expense. All public improvements proposed to be made under the provisions of this Ordinance shall be inspected during the course of construction by the Village Engineer or a duly designated deputy. All fees and costs connected with such inspection and in reviewing the plans and specifications for such improvements shall be paid by the subdivider, with funds deposited with the Village to complete such inspections.