§ 153.038  MINOR SUBDIVISIONS.
   (A)   Purpose. The minor subdivision review and approval process is intended to expedite and to minimize public and private costs for the review of subdivisions which have little or no required public improvements, which have little or no effect on existing public improvements, which will not likely negatively impact surrounding property in a manner significantly different than if the property had not been subdivided, and thus which do not require the Plan Commission and the Board of Trustees to make policy decisions.
   (B)   Eligibility criteria. A minor subdivision is a subdivision of land into four or fewer lots which meets the following eligibility criteria:
      (1)   Does not require, under these subdivision regulations, the design or construction of any major public improvements, other than utility service connections and on-site stormwater drainage and detention;
      (2)   Does not contain any major public stormwater drainage facilities;
      (3)   Is in conformity with the Comprehensive Plan and Zoning Ordinances of the village or county, whichever is applicable;
      (4)   Is otherwise in conformity with all applicable laws and regulations, unless previously waived by the entity with jurisdiction;
      (5)   Is located within the village or is otherwise the subject of an annexation agreement which requires and sets forth the condition of its future annexation to the village; and
      (6)   Contains lots all of which front on an existing street or roadway, and not involving extension of any new street, roadway, or easement of access.
   (C)   Application for minor subdivision approval. The owner shall submit an application for minor subdivision approval to the Village Plat Officer on forms provided by the village. The application shall be accompanied by the following documents:
      (1)   The original of a final plat which conforms to the normal final plat requirements set forth in §§ 153.070 through 153.072 and six full-size copies of the final plat;
      (2)   The original notarized signed owner’s certificate which shall include any and all covenants affecting the subdivision in the form generally set forth in §§ 153.070 through 153.072;
      (3)   The original signed and sealed County Clerk’s certificate that taxes are paid in accordance with statutory requirements;
      (4)   If within the corporate limits of the village, the original signed and sealed Village Treasurer’s certificate that taxes are paid in accordance with statutory requirements;
      (5)   A report from the Soil and Water Conservation District in accordance with statutory requirements, unless the subdivision is a replat of a subdivision for which a report has been previously provided;
      (6)   A completed Endangered Species Review and Consultation Form from the State Department of Natural Resources, unless the subdivision is a replat of a subdivision for which a report has been previously provided;
      (7)   If state or federal funding is involved, a review report from the State Historic Preservation Agency, unless the subdivision is a replat of a subdivision for which a report has been previously provided;
      (8)   An application fee in the amount as established from time to time by resolution of the Board of Trustees;
      (9)   A drainage statement signed by the owner and the owner’s engineer in the form prescribed in § 153.071(B)(10)(c). A complete subsidiary drainage plat will not be required;
      (10)   Evidence indicating that one copy of the final plat has been mailed to each of the utility companies, and all public or quasi-public agencies affected by the proposed subdivision. The mailing documents must indicate that written comments be submitted to the village not later than 14 days thereafter, and that no comment in the time specified shall be deemed no adverse comment;
      (11)   Six copies of a sketch drawing depicting the location of any existing buildings, structures, or human-made features on the proposed minor subdivision at a scale not less than one inch equals 100 feet. The sketch drawing shall be of sufficient detail to verify compliance with applicable zoning requirements. Lettering shall be not smaller than one-twelfth of an inch in height, and drawing shall be readily legible without magnification; and
      (12)   List of waivers or deferrals requested, if any.
   (D)   Approval procedure.
      (1)   All required documents must be submitted to the Plat Officer, who will distribute the documents to the Plan Commission members, the Village Engineer, Attorney, Building Inspector, and the Maintenance Supervisor. The review and approval decision by the Plan Commission shall be completed no later than 25 calendar days after submission of a complete application in full satisfaction of the provisions of division (C) above.
      (2)   Approval must include affirmative findings that:
         (a)   All major public improvements, with the exception of utility service connections, exist at the subdivision site, or sufficient evidence has been presented to grant a waiver or deferral of required construction or upgrade of existing or proposed public improvements to serve the site;
         (b)   The proposed development will not:
            1.   Impede the future use of the remainder of the property under the same ownership;
            2.   Make any existing or proposed lot or structure nonconforming;
            3.   Impede access to any remainder or adjoining land;
            4.   Conflict with the village’s Comprehensive Plan; or
            5.   Violate the village or the County Zoning Ordinance, whichever is applicable.
         (c)   All required documents, fees, and data have been submitted and are in proper form and correct content;
         (d)   All statutorily required approvals from other governmental agencies have been received, including approval by the State Department of Transportation if the subdivision is located adjacent to a state-maintained highway; and
         (e)   The proposed subdivision meets the criteria established for designation as a “minor” subdivision, including agreement to annex to the village at such time as the property becomes contiguous to the corporate limits.
   (E)   Notification of applicant. The Plan Commission shall notify the applicant in writing of the outcome of the review and furnish the reasons or evidence for denial or approval to the applicant and to the Board of Trustees.
   (F)   Final plat certificate. The following certificate shall appear on the final plat:
 
APPROVED:
 
APPROVAL OF THIS MINOR SUBDIVISION FINAL PLAT IS HEREBY GRANTED UNDER THE AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF TOLONO. THIS PLAT SHALL BE RECORDED WITH THE RECORDER OF DEEDS OF CHAMPAIGN COUNTY, ILLINOIS, WITHIN ONE YEAR OF THIS DATE, OTHERWISE THIS PLAT SHALL BECOME VOID.
 
                                                                               
PRESIDENT, BOARD OF TRUSTEES         DATE
 
                                                                               
TOLONO VILLAGE ATTORNEY            DATE
 
                                                                                 
TOLONO VILLAGE ENGINEER            DATE
 
   (G)   Limitation on minor subdivision plat approval. After approval of the final plat for a minor subdivision, the final plat may be recorded by the subdivider (in the presence of a representative of the village) with the Recorder of Deeds within one year of the date of approval, otherwise the final plat and approval shall become void.
   (H)   Appeals of minor subdivision decisions. The applicant may appeal the decision of the Plan Commission to deny a proposed minor subdivision plat within ten days of the Plan Commission’s written notification of its decision to deny. Such request for appeal shall be made in writing to the Board of Trustees. Following such written request for appeal, the Board of Trustees shall schedule the appeal request before the Board at its next regularly scheduled meeting. The Board of Trustees shall approve or deny the plat in accordance with the requirements for a final plat, as set forth in §§ 153.070 through 153.072.
(Ord. 97-7, passed 7-1-1997, § 4.17)