A. Interpretation:
1. Minimum Standards Established: In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
2. Higher Standards Govern: Where the conditions imposed by any provisions of this chapter upon the subdivision of land are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or any other applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive and impose higher standards or requirements shall govern.
3. Easements Or Covenants Not Abrogated: This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement, the requirements of this chapter shall govern.
4. Existing Subdivisions: No subdivision of land, which was not lawfully existing at the time of the adoption of this chapter, shall be made lawful solely by reason of the adoption of this chapter; and, to the extent that said subdivision of land is in conflict in any manner with the requirements of this chapter, said subdivision of land remains unlawful hereunder.
B. Separability: It is hereby declared to be the intention of the City Council of the City of Warrenville that the several provisions of this chapter be separable in accordance with the following:
A. Separability Of Parts: If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in said judgment.
B. Separability Of Application: If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular subdivision of land, such judgment shall not affect the application of said provision to any other subdivision of land, not specifically included in said judgment.
C. Unsuitable Land:
1. Subdivision Of Unsuitable Land: No land shall be subdivided for any use which is determined by the City Council after investigation by the City Engineer, to be unsuitable for such a use by reason of the presence of flood plain, poor drainage or wetland areas, adverse earth and rock formation or topography, or any other features likely to be harmful to the health, safety or welfare of the future residents in the proposed subdivision or of the community, except under the following conditions:
1. Unsuitable land located within areas of special flood hazard may be subdivided only if the subdivider has complied with Ordinance No. 1189, Chapter 8-5 Municipal Code, Flood Plain And Storm Water Management.
2. Variances for land within areas of special flood hazard shall be subject to the provisions of Ordinance No. 1189; Chapter 8-5 Municipal Code.
3. Unsuitable land located outside areas of special flood hazard may be subdivided only if the subdivider agrees to make improvements which will make the area safe for occupancy and provide adequate lot and street drainage and storm water detention facilities.
4. Where the developer or subdivider of land outside areas of special flood hazard can show in writing and with appropriate documentation that the strict adherence to the design standards set forth causes an unnecessary hardship, the City Council may approve a variance. Such variance may be granted after recommendation by the Plan Commission, and where topography and conditions peculiar to the site or surrounding area substantiate a variance without destroying the intent of the provisions of this chapter.
2. Prohibition From Subdividing: The City Council may, when it deems it necessary for the health, safety, or welfare of the present and future population of the area and necessary to the conservation of water, drainage, and sanitary facilities, prohibit subdivision of any portion of the property which lies within the flood plain of any stream or drainage course. These flood plain areas shall be preserved from any and all destruction or damage resulting from clearing, grading, or dumping of earth, waste material, or stumps. (Refer to Ordinance No. 1189, Chapter 8-5 Municipal Code.)
D. Plan Commission Guidelines:
1. Particular Attention Of The Plan Commission: The Plan Commission, in the examination of subdivision plans for approval, and in the application of this chapter, shall take into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to width and location of streets, suitable sanitary utilities, storm water drainage, lot sizes and arrangements, as well as local requirements such as parks and playgrounds, schools and recreation sites, and other public uses.
2. Conformity With Comprehensive Plan: The Plan Commission shall especially require that all subdivisions conform to the provisions and conditions of the Comprehensive Plan. Plat approval may be withheld if a subdivision does not conform to the provisions of the Comprehensive Plan.
3. Area Plan Required: Where a tract of land proposed for subdivision is part of a larger, logical subdivision unit in relation to the City as a whole, the Plan Commission may, before recommending approval, request that the subdivider submit a plan for the entire area or neighborhood to be used by the Plan Commission as an aid in judging the proposed plat.
4. Storm Water Provisions Required: The Plan Commission shall not recommend for approval by the City Council any plat of subdivision which does not make adequate provisions for storm or flood water runoff channel or basins.
5. Preservation Of Natural Features: In all subdivisions due regard shall be given to the preservation of natural features such as large trees, watercourses, historical sites or structures, and similar features.
6. Engineering Standards And Specifications: The Plan Commission shall require that all subdivisions conform to the Engineering Standards and Specifications of the City of Warrenville.
E. Dedication Of Land For Public Use:
1. Acceptance Of Designated Land: When a final plat of a subdivision has been approved by the City Council and all other required approvals are obtained and the plat is recorded, that approval shall constitute acceptance for the purpose designated on the plat of all lands shown on the plat as dedicated to the public, excepting, street dedications which shall be accepted only after inspection and recommendation by the City Engineer.
2. Refusal Of Designated Land: Whenever a preliminary plat includes a proposed dedication of land to public use and the Plan Commission finds that such land is not required or not suitable for public use, the Plan Commission may either refuse to approve such dedication or require the rearrangement of lots in the proposed subdivision to include such land.
3. Minimum Dedication: For minimum dedication of land for public use exclusive of public dedicated roads refer to City of Warrenville Code, Section 8-12-1, Dedication of Land or Cash Contribution, to the City of Warrenville and School Districts. (Hereafter referred to as Ordinance No. 392.)
4. Contribution Of Sites Or Funds Required: No final plat shall be approved until such time as the subdivider shall have fully complied with the provisions of City of Warrenville City Code, Section 8-12-1.
F. Vacation Of A Plat Of Subdivision:
A. Any plat or any part of a plat may be vacated by the owner of the premises, at any time before the sale of any lot therein or before any improvements have been made to any lot, by a written instrument, to which a copy of such plat shall be attached, declaring the- same to be vacated. Except in the case of a single-family home site, the written instrument of vacation shall also include a plat of resubdivision in accordance with Section 11-1-6 of this chapter.
B. The written instrument of vacation shall be considered by the City Council in like manner as plats of subdivision. The City Council may reject any such instrument which abridges or destroys any public rights in any of its streets or public utility easements. Such instrument shall be reviewed and approved by the Plan Commission; executed, acknowledged or approved, and recorded, or filed in the like manner as plats of subdivisions; and, being duly recorded or filed, shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets and public grounds, and all dedications laid out or described in such plat or part of plat.
C. When lots have been sold, the plat may be vacated in the manner herein provided by all the owners of lots in such plat joining in the execution of such written instrument of vacation.
G. Land Divisions Other Than Subdivisions:
1. Interpretation And Scope: Any division, land, sale or exchange of parcels of land, and/or conveyance of land that is exempt from the subdivision requirements of this chapter by virtue of the definition of a "Subdivision" (as identified in Section 11-1-4B.) shall be subject to the provisions of this section. (Ord. 1605, 8-19-1997)
2. Preliminary Consultation Required: Prior to the submission of the certified Plat of Survey required herein, the divider shall meet the Plan Commission for the purpose of minimizing the risk of objections to, or rejection of, the prepared Plat of Survey, and for the purpose of ascertaining the problems and requirements affecting his property.
3. Procedure For Approval: The owner or divider shall file with the City Clerk the original and ten (10) contact prints of a certified Plat of Survey showing the proposed division of such lots, blocks, parcels, or tracts of land. The original and ten (10) prints of the Plat of Survey shall be forwarded to the Plan Commission at least ten (10) days before the next meeting of the Plan Commission.
Not more than fifteen (15) days after the meeting at which the Plat of Survey is referred to the Plan Commission, the Plan Commission shall approve, approve conditionally, or reject the proposal. The City Council shall be notified in writing of any conditions of approval or the reasons for rejection.
The Chairman of the Plan Commission shall notify the owner or divider whether a new street or easement of access is required. In the event that a new street; or easement of access is required, the notice shall stipulate that an application for final plat approval containing such maps, certifications and supporting documents as required by the Plan Commission shall be filed with the City Clerk for processing as herein set forth in this chapter.
4. Requirements For Approval:
a. Compliance With This Chapter: To the extent reasonably practicable, the division of land shall comply with the provisions of this chapter governing general requirements, design standards, and required improvements.
b. Survey: The survey shall be performed and the map prepared by a Registered Illinois Land Surveyor.
c. Monuments: All corners shall be monumented as follows:
(1) All corners shall be monumented in the field by iron pipes at least twenty-four (24) inches long and one (1) inch in diameter, or by round or square iron bars at least twenty-four (24) inches long.
(2) The lines of lots that extend to rivers or streams shall be monumented in the field by iron pipes at least thirty (30) inches long and one (1) inch in diameter or by round or square iron bars at least thirty (30) inches long. These monuments shall be placed at the point of intersection of the river or stream lot line with a meander line established not less than twenty (20) feet back from the bank of the river or stream.
5. Certificates And Affidavits:
a. Affidavits Required: The survey map shall include the affidavit of the surveyor who surveyed and mapped the parcel, typed, lettered, or reproduced legibly with non-fading black ink, giving a clear and concise description of the land surveyed by bearings and distances, commencing with some corner marked and established in the U.S. Public Land Survey or some corner providing reference to a corner marked and established in the U.S. Public Land Survey. Such affidavit shall include the statement of the surveyor to the effect that he has fully complied with the requirement of this section.
b. Certificates Required: The certificate of approval of the Plan Commission shall be typed, lettered, or reproduced legibly with non-fading black ink on the face of the original survey map.
6. Filing Of The Survey Map: The City Clerk shall retain a copy of the approved survey map and any supporting documents as required by the Plan Commission for the City records. The City Clerk shall also record the original of the approved survey map with the Recorder of Deeds of DuPage County.
H. Resubdivision (Ord. 927, 11-18-1987): No building, structure or use shall be permitted on a zoning lot which consists of more than one lot or parts of more than one lot of record until the zoning lot shall have been resubdivided into one lot of record. This requirement shall not apply to a single-family home site on which interior parcel lines may be removed by a plat of vacation. (Ord. 807, 11-4-1985)
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