TITLE 11
LAND SUBDIVISIONS
CHAPTER 1
GENERAL SUBDIVISION PROVISIONS
SECTION:
11-1-1: Short Title
11-1-2: Jurisdiction; Contents
11-1-3: Authority And Purpose
11-1-4: Severability
11-1-5: Interpretation; When Plats Required
11-1-6: Definitions
11-1-7: Official Map
11-1-8: Plat Officer
11-1-9: Variances
11-1-10: Amendments
11-1-11: Penalty
11-1-12: Subdivision Review Procedure
11-1-13: Soil And Water Conservation District
11-1-1: SHORT TITLE:
This title may be cited as THE CITY OF TAYLORVILLE, ILLINOIS, SUBDIVISION AND OFFICIAL MAP ORDINANCE. (Ord. 2831, 3-3-1998)
11-1-2: JURISDICTION; CONTENTS:
   A.   The subdivision and site development jurisdiction of the city shall include all land lying within the city and within the areas set forth and described as being contiguous or adjacent to the city within one and one-half (11/2) miles from the city limits, but outside the city.
   B.   When the one and one-half (11/2) mile subdivision and site development jurisdiction of the city and that of another municipality overlap, a contractual agreement between the city and the other municipality may be established which designates subdivision jurisdiction boundaries in the overlap area. In the absence of such agreement, the jurisdiction shall extend to a median line equidistant from the city's boundary and the boundary of the other municipality nearest to the boundary of the city at any given point on the line. (Ord. 2958, 4-3-2000)
   C.   The subdivision maps herein referred to and identified by the titles thereon as "Taylorville and Environs, Official Map 'A', and Official Map 'B', Lake Taylorville Area", are adopted herein as a part hereof together with all explanatory matters thereon. (Ord. 2831, 3-3-1998)
11-1-3: AUTHORITY AND PURPOSE:
   A.   Authority: This title is adopted under the authority of division 12, Illinois municipal code 1 .
   B.   Purpose: It is the purpose of this title to promote growth and development and to regulate and control the division of land within the subdivision approval jurisdiction of the city in order to: 1) provide for the legal and orderly division of land by requiring proper description, monumentation and recording of subdivided land, and 2) to promote growth of the community which protects the public health and safety and provides essential public services to existing and future residents. The goals and objectives of the subdivision regulations and official maps as set forth and made a part hereof are as follows:
      1.   To provide for the harmonious development of the city and its environs as outlined and for the coordination of streets and subdivisions with other existing or planned streets and for the preservation of adequate open spaces for traffic, light and air and for the distribution of population and traffic to the extent that favorable conditions in regard to health, safety and general welfare are protected or created;
      2.   To assure that development will follow proposals of the overall comprehensive plan for the city and the environs embraced herein;
      3.   To assure that adjacent developments will properly relate to one another;
      4.   To assure that a coordinated effort will be made between utilities, service and developers so that streets and other improvements will be prope////.rly installed; and
      5.   To assure that a minimum level of improvements will be required of all subdividers. (Ord. 2831, 3-3-1998)
11-1-4: SEVERABILITY:
If any section, provision or portion of this title is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the title shall not be affected by that decision. (Ord. 2831, 3-3-1998)
11-1-5: INTERPRETATION; WHEN PLATS REQUIRED:
It shall be unlawful for a subdivider of land within the subdivision jurisdiction of the city to subdivide land into lots, blocks, streets, alleys, or public open space unless by plat in accordance with the laws of the state and the provisions of this title. It shall be unlawful to divide land without obtaining tract survey approval, when required.
   A.   Conflicts With Deeds And Covenants: In case of any conflict between this title or part thereof and the whole or part of any existing or future private covenants or deeds, the most restrictive shall apply.
   B.   Exemptions From Provisions: 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 2 :
      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 of less than one acre in any recorded subdivision which does not involve any new streets or easements of access;
      3.   The sale or exchange of parcels of land between owners of adjoining and contiguous land except where the transfer results in the creation of another buildable lot;
      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 pipelines, 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 owned 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 public use;
      7.   Conveyance 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 October 1, 1973, for which an exemption is claimed pursuant to this subsection B8, 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 B9 of this section. If a division is made on or after October 1, 1973, for which an exemption is claimed pursuant to this subsection B8, 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 B9 of this section.
      9.   The sale of a single lot less than five (5) acres from a tract of five (5) acres or larger when a survey is made by a registered 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.
      10.   The division of a lot of record as of March 3, 1998, if the new lots created by such division, together with any structures existing as of the date of the division, meet all requirements of the zoning ordinance of the city with respect to the zoning district in which such new lots are located, and not involving any new streets or easements of access. Provided, however, that this exemption shall not apply to the further division of any lots created thereby.
   C.   Tract Survey: A tract survey shall be required for a division or subdivision of land for which no plat is required under subsection B of this section. All tract surveys shall be approved and recorded in accordance with sections 11-10-1 through 11-10-4 of this title. (Ord. 2831, 3-3-1998)
11-1-6: DEFINITIONS:
For the purpose of these regulations, certain terms or words used herein shall be interpreted as follows:
All words used in the present tense include the future tense; all words in the singular include the plural, and all words in the plural include the singular.
   ALLEY: A public way used primarily as a service access to the rear or side of a property which abuts a street.
AS-BUILT PLANS: Final plans showing any changes from the construction plans, indicating in detail how the project was constructed. Such plans show all public facilities as built on the surface and underground, both on public property and on easements and also indicate all private utility locations that are known. Details shown include: sanitary and storm sewers, manholes, invert grades, bench marks, location of sanitary sewer laterals, street inlets, hydrants, general flow of surface water, and grades for drainage swales on the lot. The "as-built plans" carry the seal of a registered professional engineer certifying that construction was completed in conformance with the plans and specifications.
   BLOCK: A tract of land bounded by streets, or by a combination of streets, parks, railroad rights of way or bodies of water.
   CITY: The city of Taylorville, Illinois.
   CITY CLERK: The city clerk of the city of Taylorville, Illinois.
   CITY COUNCIL: The council of the city of Taylorville, Illinois.
   CITY ENGINEER 3 : City engineer of Taylorville, Illinois, or person designated to act in the capacity of the city engineer in the review of engineering data as outlined herein where the services of a city engineer are specifically mentioned. If a person is designated to act in the capacity of city engineer, said person must be a registered professional engineer with a civil engineering degree.
   CONSTRUCTION PLANS: The drawings prepared in the manner and containing the data, documents and information required by chapter 4 of this title.
   COVENANT: A private agreement written into the deed in which property owners of the development promise to do or refrain from doing certain acts.
   CUL-DE-SAC: A permanent street, with a single access point, that ends in a turnaround and cannot be further extended without taking property not dedicated as a street. A cul-de- sac begins at its point of intersection with a street with multiple access.
   DEDICATE: To transfer ownership of land, either fee simple or a partial interest, for a public use, and for a public body to accept it for that public use.
   DRAINAGE COURSE: A natural watercourse, swale, depression or ditch for the drainage of surface waters and storm waters.
   EASEMENT: A liberty, privilege or advantage which a party or the general public may have regarding the land of another. The remainder of the rights in the land remain in the hands of the owner who retains the legal title.
   EXISTING TOWNSHIP HIGHWAY: Any public road in the township which is owned and maintained by the township.
   FINAL PLAT: The drawing of a subdivision prepared in the manner and containing the data, documents and information required by this title showing lots of record and which is to be recorded.
   FLAG LOT: A lot located behind another lot or parcel with access to a public street only by a narrow strip of land extending from the buildable area of the lot to the street.
   HALF STREET: A street dedicated to less than its full planned width.
   LARGE-SCALE DEVELOPMENT: A form of land subdivision which involves the construction of a multi-family or commercial building on a lot or parcel of land one acre or more in size or two (2) or more principal multi-family or commercial buildings on a lot or parcel of land of any size served by an internal street and utility distribution.
   LOCATION MAP: A preliminary drawing or map of a proposed subdivision containing the data and information required by this title.
   LOT: The tract within a subdivision marked by the subdivider as a numbered tract to be offered as a unit of land for sale or transfer of ownership.
   MINOR SUBDIVISION: The creation of a total of up to four (4) lots (counting the original tract from which the lots are created) which front along a public road.
   OFFICIAL MAP: Map established herein 1 and on which may be indicated proposed public improvements for the purpose of coordinating construction of public improvements with future community development.
   OFFICIAL PLAN OR COMPREHENSIVE PLAN: The Taylorville, Illinois, comprehensive plan.
   OWNER: Any or all persons, entities, trusts, or corporations holding legal title to the land to be subdivided. If the owner is a trust, all beneficiaries shall be listed as owners. If the owner is a corporation, all principals and officers shall be listed as owners.
   PAVEMENT WIDTH: The distance from the edge of the pavement to the edge of the pavement but not including curb and gutter.
   PLAN COMMISSION: Plan commission of the city of Taylorville, Illinois 5 .
   PLANNED UNIT DEVELOPMENT: A form of land subdivision that allows the development of ten (10) or more acres of land with variations of some of the restrictions of standard zoning and subdivision regulations.
   PLAT: The action of officially subdividing land or the final plat which is approved by the village and recorded.
   PLAT OFFICER: The person appointed to occupy the office created herein, in which office is vested the chief administrative and enforcement duties as outlined in these standards 1 .
   PRELIMINARY PLAN: A plan of proposed subdivision or greater area prepared in the manner, and containing the data, documents and information, required by this title.
   PRINCIPAL BUILDING: A building in which the principal use of the lot, on which it is located, is conducted.
   PRIVATE STREET: A purported street, way or strip of land reserved for the use of a limited number of persons or purposes and which is not a publicly dedicated street.
   PUBLIC CROSSWALK: A ten foot (10') right of way through the interior of a block in which a sidewalk meeting the construction standards of this title is built.
   PUBLIC IMPROVEMENT: Any street, sanitary sewer, storm sewer, drainageway, water main, sidewalk, parkway or other facility which the village or other governmental unit owns, maintains or operates.
   RECORD: To file a final plat approved by the city of Taylorville with the Christian County recorder of deeds.
   RESERVE STRIP: Narrow strip of land between a street adjacent to the property line and the adjacent property, the strip being retained in private ownership to prevent access of the neighboring property to an improved and dedicated street.
   REVERSE FRONTAGE: A condition whereby both fronts and rears of properties face on streets.
   RIGHT OF WAY: A strip of land which has been dedicated in fee simple to a public body for streets, alleys and other public improvements as determined by the public body.
   SANITARY SEWER: A constructed conduit connected with the sewer system that is designated to carry liquids and solids other than storm water to the Taylorville sanitary district.
   SERVICE ACCESS STREET: A street parallel to and adjacent to a major street which provides access from the major street to abutting properties.
   SETBACK: The minimum horizontal distance required between the building and the lot line adjoining the street right of way.
   SHALL: Means something is mandatory; "May" means something is discretionary.
   SITE DEVELOPMENT PLAN: A layout of the site prepared in the manner and containing the information required by this title.
   SKETCH PLAN: A general layout of a proposed subdivision prepared in the manner and containing the information required by this title.
   STORM SEWER: A constructed conduit for carrying storm sewer to a drainage course.
   STORM WATER: Water from roof downspouts, basement footing perimeter drains and yard drains as well as surface runoff.
   STREET, ROAD AND ALLEY: Rights of way dedicated to and accepted for the public use and affording a means of access to abutting property.
  Alley: Minor way used primarily for vehicular access to the back or side of property otherwise abutting on a street.
  Collector Street (Or Collector Road): A trafficway which carries traffic between sections of the community or which serves as a connector between rural areas and the community.
  Local Street (Or Local Road): A trafficway which serves primarily for access to abutting property.
  Major Street (Or Major Highway): A trafficway connecting communities or connecting to limited access trafficways which, in turn, connect to other communities.
   STUB STREET: A street which is intended to be extended but which temporarily ends.
   SUBDIVIDER: Any or all owners, agents or persons, controlling land who commence proceedings under this title by submitting location and sketch maps to the plan commission or by making land improvements in the form of buildings, drives, and utilities, but not necessarily involving the actual division of land.
   SUBDIVISION OF LAND: The: a) division of land into two (2) or more parts, any of which is less than five (5) acres in size (see subsection 11-1-5B of this chapter for exemptions), b) dedication of streets or easements of access, or c) creation of a planned unit development. In the event a subdivision is a planned unit development, the standards and regulations of this title shall govern.
   SUPERINTENDENT OF HIGHWAYS: The Christian County superintendent of highways.
   SURETY: A bonding agency that is financially qualified to do business in the state of Illinois.
   THROUGH LOT: Any lot which is not a corner lot and which adjoins two (2) streets that are parallel or within forty five degrees (45°) of being parallel to each other.
   TOWNSHIP HIGHWAY COMMISSIONER: The township highway commissioner for the township in which the subdivision is located.
   TRACT SURVEY: A land survey, made by an Illinois professional land surveyor, complying with the requirements of section 1 of "An Act to Revise the Law in Relation to Plats" 7 as now or hereafter amended, and section 35 of the "Revenue Act of 1939" 8 as now or hereafter amended.
   TRAFFIC-CONTROL DEVICE: Any sign, signal marking or device placed on or adjacent to a street or highway by authority of the city of Taylorville, the state of Illinois department of transportation, or Christian County superintendent of highways.
   WATER DEPARTMENT: The water department of the city of Taylorville. (Ord. 2831, 3-3-1998; amd. Ord. 2958, 4-3-2000)
11-1-7: OFFICIAL MAP 3 :
   A.   Map Established And Adopted: There is hereby established for the city and contiguous area an official map which is included herein by reference and adopted as part of these regulations.
   B.   Procedures: The official map may show sites for planned public facilities. Public facility sites which may be indicated on the official map may include, but are not limited to, sites for new trafficways or widening of existing trafficways, school and recreational sites, public building sites and sites for future storm drainage, electrical or other public service or utility easements.
      1.   Whenever the official map indicates the necessity for providing a site for a planned public facility, the city council may require that the site for the public use be designated on the subdivision plat before granting approval to such plat, and furthermore, that such site be held for that specific use for a period of one year from the date of final plat approval.
      2.   Whenever a site for public use shown on the official map has been required to be indicated on a subdivision plat, the responsible agency having jurisdiction of such use shall acquire the land so designated or commence proceedings to acquire such land by condemnation within one year from date of approval of such plat, and if it does not do so within such period of one year, the land so designated may then be used by the owners in any other manner consistent with this title and the appropriate zoning regulations 10 .
   C.   Amendments Or Additions To Map: Amendments to the official map, including the indication of additional public sites to be shown on the map, shall be considered amendments to this title and, therefore, shall be as specified in section 11-1-10 of this chapter. Any agency requesting the establishment on the official map of a future public site or easement which is not included in the comprehensive plan shall indicate to the plan commission the need for the site in the particular location specified. The plan commission, before making a favorable recommendation for the inclusion on the official map of such site by the city council, shall find that the public site location is consistent with the comprehensive plan of the community and shall so indicate in its minutes. (Ord. 2831, 3-3-1998)
11-1-8: PLAT OFFICER:
The office of plat officer is hereby established in which is vested the duty of administration of these regulations as specified herein and such other related regulations as are assigned to that office by the city council. The plat officer, to be appointed by the mayor, with the advice and consent of the city council, shall be a person who is qualified by professional or practical training and experience to conduct the affairs of that office. (Ord. 2831, 3-3-1998)
11-1-9: VARIANCES:
   A.   Authority: The city council hereby reserves authority to vary the strict applications of any of the provisions herein contained, but such variances shall only be exercised upon written recommendation of the plan commission which, in turn, shall make such recommendation upon recommendation of the plat officer, city engineer or upon its own motion. (Ord. 2831, 3-3-1998)
   B.   Site Development Plans: The standards and requirements of these regulations may be modified by the city council in the case of "Site Development Plan" as defined herein, in accordance with the standards and requirements as set forth in chapter 9 of this title. (Ord. 2958, 4-3-2000)
11-1-10: AMENDMENTS:
Amendments to this subdivision ordinance shall be made by the city council as provided by statute; providing, however, that no amendment shall be adopted without first referring the proposed amendment to the plan commission and receiving a report therefrom; except, however, if no report is received within ninety (90) days, it shall be deemed to be approved by the plan commission. (Ord. 2831, 3-3-1998)
11-1-11: PENALTY:
Any person violating any of the provisions of this title shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed five hundred dollars ($500.00). Each day that a violation of this title continues shall constitute a separate and distinct offense and shall be punishable as such. (Ord. 2831, 3-3-1998)
11-1-12: SUBDIVISION REVIEW PROCEDURE:
 
No. Of
Prints
Reviewed
    By
Payment
Approval
Valid For
Location map
minor subdivision
20
TPC1
City council
$100.00
1 year
Location and
sketch maps
21
TPC1
City council
$100.00
1 year
Preliminary plan
19
TPC1
City council
$500.00
3 years
Construction plans
6
City engineer
Plan review and inspection fee2
1 year
Final plat
20
TPC1
City council
$500.00 plus plan review and inspection fee2
2 years
Preliminary plan
reaffirmation
19
TPC1
City council
$500.00
3 years
renewable 1 time
Minor subdivision
17
TPC1
City council
$275.00
2 years
Large scale
development
20
TPC1
City council
$250.00 plus plan review and inspection fee2
2 years
Tract survey
5
Plat officer
$100.00
180 days
Site development
plan
20
TPC1
City council
$250.00 plus plan review and inspection fee2
2 years
 
Notes:
1.   TPC: Taylorville plan commission.
2.   Plan review and inspection fee: A minimum of 3 percent of estimated construction cost for public improvements and/or public infrastructures (see section 11-5-3 of this title).
(Ord. 3206, 11-15-2004)
11-1-13: SOIL AND WATER CONSERVATION DISTRICT:
   A.   Costs: Prior to approval of any petition, application, or proposal to subdivide any vacant or agricultural lands regarding any territory located in the Christian County soil and water conservation district, the applicant shall pay the city clerk the actual amount charged by the Christian County soil and water conservation district to the city to review and/or report to the city regarding any such application or petition or proposal and any and all instruments or documents incident thereto. (Ord. 3206, 11-15-2004)

 

Notes

1
1. 65 ILCS.
2
1. 765 ILCS 205/0.01 et seq.
3
1. See also title 1, chapter 9, article G of this code.
1
1. See section 11-1-7 of this chapter.
5
2. See title 2, chapter 1 of this code.
1
1. See section 11-1-8 of this chapter.
7
1. 765 ILCS 205/0.01.
8
2. 35 ILCS 200/9-55.
3
3. See also subsection 11-1-2C of this chapter.
10
1. See title 10 of this code.