§ 153.005  GENERAL PROVISIONS.
   (A)   Wherever any subdivision of land shall hereafter be laid out within the incorporated limits of the village or within contiguous territory not more than one and one-half miles beyond the incorporated boundary of the village, the subdivider thereof or his or her agent, shall submit preliminary and final subdivision plats and plans to the Plan Commission. Said plats and plans of proposed improvements, and all procedure relating thereto, shall in all respects be in full compliance with these regulations.
   (B)   Until plats and plans for the subdivision are approved:
      (1)   No land shall be subdivided, nor any street laid out, nor any improvements made to the natural land;
      (2)   No lot, tract, or parcel of land within any subdivision shall be offered for sale nor shall any sale, contract for sale, or option be made or given; and
      (3)   No improvements, such as sidewalks, water supply, stormwater drainage, sanitary sewerage facilities, gas service, electric service or lighting, grading, paving or surfacing of streets, shall hereafter be made by any owner or owners or his, her, or their agent, or by any public service corporation at the request of such owner or owners or his, her, or their agent.
   (C)   All lands offered to the village for use as streets, highways, alleys, schools, parks, playgrounds, and other public uses, shall be referred to the Plan Commission for review and recommendation before being accepted by the Village Board or by any other governing authority of the village.
   (D)   Where a tract of land proposed for subdivision is part of a larger, logical subdivision unit in relation to the village as a whole, the Plan Commission may, before approval, cause to be prepared a plan for the entire area or neighborhood; such plan to be used by the Plan Commission as an aid in judging the proposed plat. The Village Engineer shall cooperate with the Plan Commission in the preparation of this plan and shall furnish such surveys and data as may be necessary.
   (E)   Whenever an area is subdivided into lots of 30,000 square feet or more and there are indications that such lots will eventually be re-subdivided into smaller building lots, consideration shall be given to the street and lot arrangement of the original subdivision so that additional minor streets can be located which will permit a logical arrangement of smaller lots.
   (F)   (1)   In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements.
      (2)   Where the conditions imposed by any provision of these regulations upon the use of land are either more restrictive or less restrictive than comparable conditions imposed by any other provision of these regulations or of any other law, ordinance, resolution, rule, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements, shall govern.
      (3)   These regulations are not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of these regulations are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, then the requirements of these regulations shall govern.
      (4)   If any section, subsection, sentence, clause, phrase, or portion of these regulations are for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
(Ord. 889, passed 8-4-2005)