A. Organization: The following offices of the government of the City of Warrenville are concerned with the administration of this chapter.
1. The City Council: The City Council is vested with the following responsibilities in regard to subdivision control:
a. Plats: Approval or disapproval of all final plats referred to it by the Plan Commission.
b. Variations: Approval or disapproval of all variations and exceptions recommended by the Plan Commission.
c. Amendments: Amendments of the regulations of this chapter when found necessary and desirable after review by the Plan Commission.
d. Enforcement: Initiation of appropriate proceeding to enforce the provisions of this chapter.
2. The City Plan Commission: The Plan Commission shall administer the provisions of this chapter, and in furtherance of said authority shall:
a. Maintain Ordinance: Maintain permanent and current records of this chapter, including amendments hereto.
b. File Plans And Plats: Receive from the City Clerk and file all preliminary plats and final plats (together with applications).
c. Liaison And Concerned Agencies: Forward copies of the preliminary plat to other appropriate offices and agencies for their recommendations and report.
d. Preliminary Plats: Approve or disapprove of all preliminary plats.
e. Liaison With City Council: Forward decisions made on all preliminary plats to City Council.
f. File All Checked Plats: Receive from the City Clerk and file all final plats, and check their compliance with the preliminary plat.
g. Forward Plats To City Council: Forward with recommendations to the City Council all final Plats.
h. Other Determinations: Make all other determinations required by the regulations herein.
3. The City Engineer:
a. Review Of Plats: Review all preliminary subdivision plats and make determinations in the areas of design standards and engineering specifications, as stipulated herein.
b. Inspection Of Work: Inspect all improvements required by this chapter both during construction and after completion to insure compliance with this chapter and with good construction practice.
c. Conflict Of Interest: The City Engineer shall not be retained by a subdivider or other interested party to perform engineering work in any subdivision subject to the application of this chapter.
d. Engineering Standards: All Engineering Standards shall be provided by the City Engineer.
4. The City Clerk: In addition to other duties which may be required by this chapter, the City Clerk shall:
a. Plats Of Survey: Receive and distribute plats of survey for land divisions other than subdivisions to the Plan Commission. Receive copies of approved plat of survey from the Plan Commission, retain a copy of approved plats of survey, and record same with the Recorder of Deeds of DuPage County. Collect recording fees from the owner or divider.
b. Preliminary Plats: Receive and distribute preliminary plats and supporting documentation to the appropriate public facility providers and the Plan Commission. Receive from the Plan Commission and distribute copies of the approved preliminary plat. Collect plat review fees from the subdivider.
c. Engineering Plans And Specifications: Receive and distribute final engineering plans and specifications to the City Engineer and the Plan Commission. Collect engineering review fees from the subdivider.
d. Final Plats: Receive and distribute final plats and supporting documentation to the Plan Commission. Receive from the Plan Commission and forward copies of the approved final plat to the City Council. Receive and distribute copies of the approved final plat from the City Council, retain a copy of the approved final plats, and have Registered Land Surveyor, or designee record same with the Recorder of Deeds of DuPage County. Collect recording fees from the subdivider.
e. Letters Of Credit: Receive from the subdivider a Letter of Credit equal to one hundred and ten (110) percent of construction of all public improvements in the subdivision before final action on the plat shall be taken by the City Council. Receive from the subdivider upon completion of the required public improvements a Letter of Credit equal to ten (10) percent of the total cost of improvements (if a Letter of Credit is not already on file).
B. Enforcement:
1. Plat Officer To Administer Chapter: The Chairman of the Plan Commission designated as Plat Officer shall administer this chapter and bring any violations or lack of compliance herewith to the attention of the City Attorney.
2. Compliance Required Before Sale Of Lots Or Issuance Of Building Permit: No owner, or agent of the owner, of any parcel of land located in a proposed subdivision shall transfer or sell such parcel, nor shall any public official issue a building permit for the construction of buildings or structures within a proposed subdivision, before the final plat of said subdivision has been approved by the City Council, in accordance with the provisions of this chapter, and filed with the Recorder of Deeds of DuPage County, Illinois.
3. Use Of Metes And Bounds Measure Prohibited: The subdivision of any lot or any parcel of land by the use of metes and bounds for the purpose of sale; transfer, or lease with the intent of evading this chapter will not be permitted. All such described subdivisions shall be subject to all of the requirements and regulations contained in this chapter.
4. Compliance Required Before Plat Approval: No final plat of subdivision shall be approved which does not comply with all the provisions of this chapter.
C. Variations And Exceptions:
1. Hardships: Where the Plan Commission finds that extraordinary hardships or particular difficulties regarding the physical development of land may result from strict compliance with these regulations, it may recommend variations or exceptions to the regulations so that substantial justice may be done and public interest secured, provided that such variation or exception shall not have the effect of nullifying the intent and purpose of this chapter; and further, provided the Plan Commission shall not recommend variations or exception to the regulations of this chapter unless it shall make findings based upon the evidence presented to it in each specific case that:
a. Public Welfare Protected: The granting of the variation will not be detrimental to the public safety, health, or welfare or injurious to other property or improvements in the neighborhood in which the property is located;
b. Unique Conditions: The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property; and
c. Particular Physical Conditions: Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.
2. Conditions: In recommending variations and exceptions, the Plan Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this chapter.
3. Procedure: A petition for any such variance shall be submitted in writing by the subdivider at the time the preliminary plat is filed for consideration by the Plan Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
4. Recommendations: Such variations and exceptions as may be recommended by the Plan Commission shall be forwarded to the City Council in writing substantiating the recommended variations and/or exceptions. The City Council may approve such variations or exceptions from the requirements of this chapter in specific cases as listed on the final plat, which in its opinion do not adversely affect the adopted Comprehensive Plan or the intent and purpose of this chapter.
D. Record Of Plats: All of such plats of subdivisions, after the same have been submitted and approved as provided in this chapter, shall be copied upon a book of plats of said City of Warrenville and shall be filed and kept by the City of Warrenville.
E. Validity: If any section, subsection, sentence, clause, or phrase of this chapter is adjudged to be void, such decision shall not affect the validity of the remaining portions of this chapter.
F. Appeals: Any person or corporation may appeal within sixty (60) days to the City Council any final action taken by the Plan Commission. The City Council shall act as a Board of Appeals and shall hear and decide appeals from and review any final order, requirement, decision or determination made by the Plan Commission, under this Subdivision Control Ordinance.
G. Repeal: All ordinances or parts of ordinances in conflict with the provisions of this chapter are, to the extent that such conflict exists, hereby repealed.
H. Amendments: For the purpose of promoting the public health, safety, and general welfare, the City Council may from time to time amend the regulations imposed by this chapter. The Plan Commission may consider proposed amendments and make recommendations thereon to the City Council.
I. Violations And Penalties:
Any person, firm, or corporation who fails to comply with, or violates, any of the provisions of this chapter shall be subject to a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00); and each day the violation continues shall be considered a separate, offense.
Whoever shall sell or offer for sale, lease or offer for lease, while this chapter is in effect, any lot or lots or block or blocks, within the incorporated limits of the City of Warrenville, or any resubdivision of any lot or block therein, or within contiguous territory and not more than one and one-half (1-1/2) miles beyond the incorporated boundary of the City of Warrenville before a Final Plat of Subdivision has been approved by the Plan Commission and the City Council as required by this chapter, shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each lot, block, or part thereof so disposed of, offered for sale, or leased.
J. Fees:
1. Deposit For Consultative Services: See 11-1-6A1.
2. Fee Schedule For Planning Review: See Appendix I.
3. Recording Fees: In addition to the fees listed in Appendix I, the subdivider shall also bear the cost of recording the plat.
K. Public Utilities Permits: Public utilities shall obtain permits from the City Council for the installation of communications, electric power, gas, or other utility services before any installation work is started.
L. Adoption: This chapter shall be in full force and effect from and after its passage, approval, and publication as required by law.
ALDERMAN
BY NAME | AYES | NAYS | ABSENT |
BY NAME | AYES | NAYS | ABSENT |
Bryan Aschauer | X | ||
Ralph Esposito | X | ||
Maury Goodman | X | ||
John Hudetz | X | ||
Sandy Jones | X | ||
Elmo Lowderbough | X | ||
Glenn Ulery | X | ||
James Wheeler | X | ||
Adopted by the City Council of the City of Warrenville, this 4th day of November, 1985.
Lucy Bernard, City Clerk
Approved by me as Mayor of the City Council of the City of Warrenville, this 4th day of November, 1985.
Vivian M. Lund, Mayor
ATTEST:
Lucy Bernard, City Clerk
Robert E. Johnson, Treasurer
M. Publication: This Ordinance was published in pamphlet form as provided by the Illinois Municipal Code by Authority of the City Council of the City of Warrenville, DuPage County, Illinois, this 5th day of November, 1985.
Lucy Bernard, City Clerk
(Ord. 807, 11-4-1985)
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