(A) General.
(1) The County Recorder of Deeds shall not record any final plat of a subdivision located within the subdivision jurisdiction of the village until said final plat has been approved by the Board of Trustees.
(2) (a) The Board of Trustees shall not approve any final plat unless they determine that said plat is in compliance with all pertinent requirements of this chapter including those set forth below.
(b) The subdivider of every subdivision, whether major or minor, but excluding land specifically exempted from the State Plat Act, as now or hereafter amended, (765 ILCS 205/1(b)), who desires final plat approval, shall file four copies of the final plat and supporting data with the Code Administrator not later than one year after preliminary plat approval has been granted; provided, however, that, with the consent of the Board of Trustees, the subdivider may delay application for final approval of part(s) of the tract shown on the preliminary plat, for successive one-year periods.
(Prior Code, § 19-436)
(B) Requirements for filing.
(1) Every final plat shall be prepared by a registered land surveyor on new linen tracing cloth- or polyester-base film with waterproof black ink at a scale not greater than 100 feet equals one inch; provided that, the resultant drawing shall not exceed 32 inches by 42 inches.
(2) The final plat and supporting data shall provide all of the following information:
(a) North arrow, graphic scale and data;
(b) Name of subdivider;
(c) Accurate metes and bounds or other adequate legal description of the tract;
(d) Accurate boundary tines, with dimensions and bearing or angles which provide a survey of the tract, closing with an error of closure of not more than one foot in 10,000 feet;
(e) Reference to recorded plats of adjoining platted land by record name, plat book and page number;
(f) Accurate locations of all existing streets intersecting the boundaries of the subdivision;
(g) Right-of-way lines of all streets, other rights-of-way, easements and lot line with accurate dimensions, angles or bearings and curve data, including, radii, arcs or chords, points of tangency and central angles;
(h) Name and right-of-way width of every proposed street;
(i) Location and purpose of any existing or proposed easements;
(j) Number of each lot, lot dimensions and, in a separate list, lot areas;
(k) Purpose(s) for which sites, other than private lots, are reserved;
(l) Building or setback lines with accurate dimensions;
(m) In a supporting document, restrictions of all types which will run with the land and become covenants in the deeds of lots; and
(n) Locations of all existing and proposed utilities.
(Prior Code, § 19-437)
(C) Required certificates. As required by state law (765 ILCS 205/2), the following certificates shall be executed on the final plat.
(1) Owner’s certificate.
We, , the owners of (description) have caused the said tract to be surveyed and subdivided in the manner shown, and said subdivision is to be hereinafter known as . All rights-of-way and easements shown herein are hereby dedicated to the use of the public forever. Dated this day of , 20 . (SEAL) (SEAL) |
(2) Notary public certificate.
State of Illinois ) County of St. Clair ) I,
, a Notary Public in and for the County aforesaid, do hereby certify that (owners) are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, and that they appeared before me this day in person and acknowledged that they signed and sealed the same as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and Notarial Seal this day of , 20 . NOTARY COMMISSION |
(3) Surveyor’s certificate.
I,
, a registered Illinois Land Surveyor, do hereby certify that this plat is a correct representation of a survey made under my direct supervision at the request of for the purpose of subdividing the tract into lots as shown. Illinois Land Surveyor Registration Number Date |
(4) County Clerk’s certificate.
I,
, County Clerk of St. Clair County, Illinois, do hereby certify that I find no unpaid or forfeited taxes against any of the real estate included within this plat. County Clerk Date |
(5) Certificate of Board of Trustees.
I,
, President of the Board of Trustees of the Village of Swansea, do hereby certify that the plat shown herein was duly presented to the Board of Trustees, and approved at a meeting of same held on (date) . President of the Board Village Clerk |
(6) Flood hazard certificate.
We, the undersigned, do hereby certify that no part of this plat to be recorded, is situated within a special flood hazard area as identified by the Federal Emergency Management Agency. By:
Owner(s) By: Illinois Land Surveyor Registration Number Date |
(7) State highway certification.
(a) For those subdivisions which provide access to a state highway, the following certification shall also be required and executed on the final plat:
Illinois Department of Transportation Certification This plat has been approved by the Illinois Department of Transportation with respect to roadway access pursuant to ILL STAT 1987, CH. 109, PAR. 2. However, a highway permit for access is required by the owner of the property. A plan that meets the requirements contained in the Department’s “Policy On Permits For Access Driveways To State Highways” will be required by the Department. District Engineer Date |
(b) For those subdivisions which provide access to a state highway, the following certification shall also be required and executed on the final plat:
St. Clair County Highway Department Certification This plat has been approved by the St. Clair County Highway Department with respect to roadway access pursuant to County Regulations. However, a highway permit for access is required by the owner of the property. County Engineer Date |
(Prior Code, § 19-438)
(D) Administrative review procedures.
(1) Within 30 days from the date of application, the Code Administrator shall review said final plat, and supporting data, and shall jointly advise the Board of Trustees in writing whether it substantially conforms to the approved preliminary plat.
(2) A copy of their advisory report shall be forwarded to the Planning and Zoning Board, who may prepare an addendum to said report if they so desire, and forward same to the Board of Trustees.
(Prior Code, § 19-439)
(E) Action by the Board of Trustees.
(1) Within 60 days from the date of submission of an application for final plat approval, or the filing of the last item of required supporting data, whichever date is later, the Board of Trustees shall either approve or disapprove the application for final plat approval by resolution unless the Board and the subdivider mutually agree to extend this time limit. Failure to act within the prescribed time limits shall be deemed approval. The Board of Trustees shall not approve any final plat unless:
(a) The final plat substantially conforms to the approved preliminary plat;
(b) The final plat manifests substantial compliance with the official map and with the design and improvements standards of this chapter;
(c) To the Board’s knowledge and belief, the final plat complies with all pertinent requirements of state law; and
(d) Either of the following has been met:
1. All required improvements have been completed, inspected, accepted and dedicated; or
2. The subdivider/developer has posted a performance bond or deposited funds in escrow to guarantee the satisfactory completion and dedication of all required improvements.
(2) If the Board of Trustees disapproves the final plat, its resolution shall specify the aspects in which the plat fails to meet the above conditions for approval.
(3) The Village Clerk shall attach a certified copy of the Board’s resolution of approval or disapproval to the final plat. One copy of the resolution and plat shall be retained by the Clerk, one copy shall be filed with the Administrator and one copy shall be given to the subdivider.
(Prior Code, § 19-440)
(F) Changes in approved final plats. Once a final plat is approved by the Board of Trustees, it shall not thereafter be modified; provided, however, that, minor changes may be made upon written application to the Code Administrator. Major changes shall require the filing of a new final plat and complete review as provided for herein.
(Prior Code, § 19-441)
(G) Maintenance of improvements. Subsequent to completion of the improvements within the development by the subdivider, the Village Engineer and Code Administrator shall make an inspection of said improvements to ascertain the acceptability of the structural condition, earth slopes and drainage structures, and that all other requirements of this chapter have been met.
(1) If said inspection indicates no deficient items and all “as-built” drawings have been filed with the Code Administrator, and the subdivider/developer has posted an appropriate maintenance bond as hereinafter set forth, the Board of Trustees shall take formal action to dedicate the completed improvements for maintenance.
(2) Should any improvement require correction or repair, the subdivider shall be notified, in writing, of each deficiency. No street(s) will be accepted in a subdivision until all streets comply with the requirements of this chapter to the satisfaction of the Village Engineer and Superintendent of Public Works.
(3) Should the subdivider fail to properly correct any of the noted deficiencies, he or she shall be responsible for all maintenance, other than snow and ice control, until such time as the streets are completely acceptable to the village.
(a) Under this situation, the subdivided maintenance responsibility shall be construed to include, but not be limited to, regular mowing of the parkways; periodic cleaning of debris from the pavement and gutters; and periodic cleaning of storm sewers and catch basins.
(b) Should the subdivider fail to discharge any of these responsibilities, he or she will be notified to rectify the situation by the Village Clerk.
(Prior Code, § 19-442)
(H) Duration of guarantee.
(1) All improvements within a development shall be guaranteed by the developer or be in satisfactory condition and in compliance with this chapter for a period of two years from the date of dedication.
(2) Prior to dedication, the subdivider/developer shall post a maintenance bond with the Village Clerk in a form approved by the Village Attorney.
(a) Said bond shall be in an amount determined by the Village Engineer (generally 25% of the estimated construction costs) to be sufficient to guarantee the satisfactory condition of the required improvements for a period of at least two years.
(b) It shall be the subdivided responsibility to request from the village in writing, a final inspection of the improvements not later than 60 days after receiving notice from the subdivider.
(c) In any event if the subdivider fails to request a final inspection in writing 30 days before the end of the guarantee period, the guarantee period shall be extended until 30 days after such time as the notice is received and the improvements are deemed satisfactory by the village.
(3) If, at any time during the guarantee period, the improvements are found to be defective, they shall be repaired or replaced at the subdivider’s expense.
(a) If the subdivider fails or refuses to pay such costs within 90 days after demand is made upon him or her by the Code Administrator, the village shall use the maintenance bond to make the necessary repairs/replacement.
(b) If the cost of repairs/replacement exceeds the bond amount, the subdivider/developer shall be liable for the excess.
(4) Upon final inspection of any completion of the repairs deemed necessary by the village, the village shall release the subdivider’s maintenance bond. The village shall issue a written inspection releasing the developer from further responsibility to the village for said improvements.
(Prior Code, § 19-443)
(I) Special service area.
(1) No final plat of any subdivision shall be approved unless a special service area has been established by the developer and the ordinance establishing the special service area has been recorded for the entire subdivision.
(2) The village, in the village's sole discretion, shall determine which specific public improvements or services it will provide to each such special service area, and when it will commence doing so.
(3) Such services may include: the maintenance and construction of detention ponds, retention basins, storm sewers, outlots, streets, curbs, parking areas, sidewalks and trails, landscaping and fencing, waterlines, sewer lines, street lights, monuments, entrances, recreation areas, green space, and other specific services relating to subdivision maintenance and improvements, collectively referred to hereinafter as the "SSA services and improvements"; and
(4) The village shall levy a direct annual tax on all of the taxable property within each such special service area to pay the annua! cost of providing the SSA services and improvements.
(5) Property, infrastructure or improvements within the special service area for which the village has agreed to take ownership shall be transferred to the village only to the extent specified in a motion, resolution or ordinance duly passed or enacted by the village corporate authorities as provided by law.
(Ord. 1700, passed 3-17-2014; Ord. 1767, passed 12-5-2016)