(a) A preliminary plat, final plat, or certified survey shall not be approved unless the Plan Commission and the Village Board determine that adequate public facilities and public services will be available to meet the needs of the proposed land division, and that no public funds other than those already provided in an adopted capital or operating budget are required.
(b) The applicant shall furnish any data requested by the Village Administrator, Clerk, or highest elected official, as appropriate, who shall transmit this information to the appropriate commission(s), committee(s), and staff for review; the Village Administrator, Clerk, or highest elected official, as appropriate, shall act as coordinator of the reports from staff to the Plan Commission and Village Board on the adequacy of water, sanitary and storm sewers, fire service, police, parks and open space and recreation facilities, transportation facilities, and schools.
(c) Public facilities and public services for a proposed land division may be found to be adequate when the following conditions exist.
(1) The proposed land division is located in an urban service area where adequate sewer service is presently available for extension, under construction or designated by the Village Board for extension of sewer service within the current capital budget year, and funds are specifically provided for such extension either from public or private financing. The Plan Commission and the Village Board shall consider the recommendations of the Village Engineer and the appropriate committee(s) on the capacity of trunk lines and of sewerage treatment facilities and any other information presented.
(2) The proposed land division is located within an urban service area contiguous to an arterial transmission water main of adequate capacity for the proposed development or if the water distribution system that is needed is under construction or scheduled for construction within the current budget year, and funds, either public or private, are available for the program. The Plan Commission and the Village Board shall consider the recommendations from the village’s utilities and the Village Engineer and the appropriate committee(s) on line capacities, water sources, and storage facilities, as well as any other information presented.
(3) The Village Administrator, Clerk, or highest elected official, as appropriate, verifies to the Plan Commission and the Village Board that adequate funds, either public or private, are available to insure the installation of all necessary stormwater management facilities.
(4) The Director of Public Works can demonstrate to the Plan Commission and the Village Board that street maintenance and refuse collection services, either public or private, are so situated that adequate and timely service can be provided so as not to involve danger or injury to the health, safety, or general welfare to the future residents of the proposed land division or existing village residents.
(5) The Plan Commission verifies that the future residents of the proposed land division can be assured park, recreation, and open space facilities and services which meet the standards of the village’s Master Plan.
(6) The Police Department, E.M.S., and Fire Department verify that timely and adequate service can be provided to the residents.
(7) The proposed land division is accessible by existing or officially mapped, publicly maintained, all-weather roadway system, adequate to accommodate both existing traffic and that traffic to be generated by the proposed land division in accordance with the official map and village standards.
(d) Where the Plan Commission and the Village Board determine that one or more public facilities or services are not adequate for the proposed development, but that a portion of the area could be served adequately, or that careful phasing of the development could result in all public facilities and public services being adequate, conditional approval may include only such portions or may specify phasing of the development.
(e) No land shall be divided which has been officially mapped as public lands stormwater management facility or is determined by the Village Board to be unsuitable for use by reason of flooding, bad drainage, soil or rock formations with severe limitations for development, severe erosion potential or unfavorable topography, or any other feature likely to be harmful to health, safety, or welfare of future residents or landowners in the proposed land division or of the community.
(f) The above requirements shall not apply to those areas outside the corporate limits of the village and within the village’s extraterritorial limits. Areas within the village capable of being served by public sewer and water shall be required to connect to the village public water distribution and/or public sewerage system if determined by the Village Engineer to be feasible. If such connection(s) are not determined feasible, the proposed land division shall provide for adequate on-site systems and such special piping provisions as may be necessary to serve the anticipated development during the interim period until such village public water and/or sewerage systems are determined by the Village Engineer to be feasibly available for connection. The subdivider, and his or her heirs and assigns, shall, by written plat restriction, agree to abandon the interim water and sewerage facilities and connect to the village public water and sewerage facilities upon a determination by the Village Engineer that such facilities are available for feasible connection.
(Prior Code, § 14-1-36)