11-4-3: PRELIMINARY PLAN:

   A.   Intent: The preliminary plan phase is intended to assure that the subdivision complies with the provisions of this Title, the Wayne Zoning Ordinance 1 (if applicable) and that it is laid out in accordance with the land's suitability and limitations for development.

   B.   Filing:

      1.   The subdivider shall file with the Village Clerk seven (7) copies of the preliminary plat, the filing fee and all accompanying information required by this Title. Submittal of the preliminary plan shall be at least thirty (30) days prior to the Plan Commission meeting at which the subdivider proposes to appear. The Village Clerk shall forward the preliminary plan to the Village staff and the Plan Commission for their review and recommendation to the Village Board, and shall also notify the Village Board of the filing of the plan.

      2.   The subdivider shall file an application with the Kane-DuPage Soil and Water Conservation District for a natural resource information report. Preliminary plan approval shall not be granted by the Plan Commission until the report has been received by the Village.

      3.   In the case where the subdivider wishes to subdivide only a portion of the total area to be subdivided, the preliminary plan shall include the proposed general layout for the entire area. The phase which is proposed to be subdivided shall be clearly superimposed upon the overall plan. Each phase of the entire area shall be self-contained, including all onsite and offsite improvements, easements and rights of way required to serve the portion to be subdivided.

   C.   Review:

      1.   The Plan Commission shall recommend approval or disapproval of the preliminary plan within ninety (90) days from the date of filing of the last item of required information. Such time period may be extended by mutual consent of the subdivider and the Plan Commission. If the Plan Commission recommends disapproval, the Plan Commission shall advise the Village Board in writing of the reasons for its disapproval.

      2.   Upon receipt of the Plan Commission's recommendation of approval or disapproval of a preliminary plan, the Village Board shall approve or deny the preliminary plan not later than sixty (60) days after the next regular Village Board meeting following the date of the Plan Commission's approval. Such time period may be extended by mutual consent of the subdivider and the Village Board.

      3.   The Plan Commission may recommend in writing and the Village Board may require such conditions, changes or revisions to the preliminary plan as are deemed necessary in the interest and needs of the community in keeping with the provisions of this Title.

      4.   The subdivider shall be notified in writing of any conditions of approval or reasons for denial of a preliminary plan. Upon approval by the Village Board, the Village Clerk shall mark the preliminary plan "approved" and distribute prints of said plan to the Plan Commission, Village Engineer, the Building and Zoning Department, Village Attorney and the subdivider. Two (2) prints shall be retained by the Village Clerk for filing.

      5.   Approval of the preliminary plan shall be effective for a period of one year. Should improvement plans and a final plat not be submitted for approval within this period, the preliminary plan shall again be submitted for approval unless an extension is requested by the subdivider and granted by the Village Board within such one year period. (Ord. 91-21, 8-6-1991)

 

Notes

1	1. See Title 10 of this Code.

11-4-4: FINAL ENGINEERING PLAN:

   A.   Intent: The final engineering plan shall be in substantial conformance with the preliminary plan and shall accurately show how onsite and offsite improvements will be constructed to achieve the layout and design objectives of the preliminary plan and allow the efficient and orderly provision of roads, drainage facilities, utilities and services, including offsite improvements, as required by this Title.

   B.   Filing: The final engineering plan may be filed concurrently with or prior to submission of the final plat. At least four (4) copies of the final engineering plans shall be submitted to the Village Clerk. The Village Clerk shall forward the engineering plans to the Village Engineer and to such governmental authorities having jurisdiction over any improvements for their review and recommendations.

   C.   Review: The Village Engineer and such other officials who may have jurisdiction shall review the engineering plan for conformity with the provisions of this and other applicable ordinances. The Village Board shall not act on the final plat until it has received a written report from the Village Engineer and such other officials, if any, as to the acceptability of the engineering plan and accompanying documents. (Ord. 91-21, 8-6-1991)

11-4-5: FINAL PLAN:

   A.   Intent: The final plan consists of a final plat and all accompanying documents. The final plat is a record of the subdivision as surveyed in the field. It shows the dimensions of the tract being subdivided and the lots, rights of way, easements and other parcels, dedications and reservations that will be created upon approval and recordation of the final plat.

   B.   Filing:

      1.   Within one year after the approval of the preliminary plan, unless a time extension is granted by the Village Board, the subdivider shall submit the final plan in accordance with the requirements of the Plat Act 1 and this Chapter 4. The final plan shall conform substantially to the preliminary plan as approved. One reproducible copy of the final plat, with original signatures and ten (10) prints, shall be submitted to the Village Clerk. The Village Clerk shall distribute copies of the final plan to the Plan Commission and Village Engineer for their review and recommendation.

      2.   The final plat, if desired by the subdivider, may constitute only that portion of the approved preliminary plat which is proposed to be recorded and developed at that time; provided, however, that any portion of such approved preliminary plat shall allow the efficient and orderly provision of roads, drainage facilities, utilities and services, including offsite improvements, as required by this Title. Where less than the entire land area shown on the preliminary plat is to be filed for record, such recordation shall not automatically extend the approval of the unrecorded balance of the preliminary plat.

   C.   Review:

      1.   The Plan Commission shall review the final plan for its conformance with approved preliminary plan and shall make its findings and recommendations to the Village Board within the time provided by the Illinois Compiled Statutes. The Plan Commission may recommend variations from the requirements of this Title and shall convey to the Village Board in writing the reasons for any such variations and such other information as the Plan Commission may deem necessary.

      2.   After receipt of the recommendation of the Plan Commission, the Village Board shall approve or disapprove the final plan within sixty (60) days following the filing of the last required document, unless such time is extended by mutual consent of the Village Board and subdivider. The Village Board shall approve or deny the final plan by resolution. If approved, the resolution shall authorize the Village President to sign the certificate on the final plat; if denied, the resolution shall state the reasons for the disapproval.

      3.   Prior to the approval of the final plan, the Village Board shall have the right to designate which easements, dedications and land improvements will be accepted by the Village. The Village Board may require such homeowner's agreements, covenants, easements or other provisions as may be necessary to provide for the installation, maintenance and/or repair of public or private improvements.

      4.   Upon approval by the Village Board, the Village Clerk shall secure one transparency print and ten (10) contact prints of the final plat with all required signatures, and three (3) copies of the supporting documents. The costs of such prints and copies of documents shall be paid by the subdivider.

         a.   One contact print shall be retained by the Plan Commission;

         b.   One contact print and all specifications, drawings, and estimates shall be sent to the Village Engineer;

         c.   One contact print shall be sent to the Building and Zoning Department, together with one set of supporting documents;

         d.   One transparency print, the remaining contact prints and other supporting documents shall be retained by the Village Clerk for filing.

      5.   The final plat in exact form as approved by the Village Board shall be filed for record by the Village Clerk. The Village Clerk shall secure three (3) print copies of the recorded plat. The subdivider shall pay all recording fees and the cost of the print copies.

   D.   Agreements Required: No final plat shall be recorded until the owner or subdivider has provided the following:

      1.   Guarantee for completion of land improvements in one of the following formats, with the form, amount and provider being subject to approval of the Village Board:

         a.   Deposit with the Village of cash in the amount of twenty percent (20%) of the Village Engineer's estimated cost of all onsite and offsite land improvements to be completed and approved.

         b.   An undertaking by the subdivider guaranteeing completion of the land improvements remaining to be completed and approved, secured by an irrevocable letter of credit payable to the Village issued by a sound and reputable financial institution authorized to do business in the State of Illinois. Such irrevocable letter of credit or renewals thereof shall be in effect for a period of two and one-half (21/2) years from the date of recording the final plat, shall run in favor of the Village and shall be in the amount of one hundred twenty percent (120%) of the Village Engineer's estimated cost of all onsite and offsite land improvements to be completed and approved. Such irrevocable letter of credit shall be in a form to allow the Village to procure the funds upon demand, and without conditions, by sight draft of the Village President or Village Clerk containing the statement of the Village President or Village Clerk that: 1) the funds are required to complete the land improvements for the subdivision, and 2) that their construction has not been completed in accordance with the provisions hereof, and/or 3) the funds are required to pay for any unpaid fees or expenses incurred by the Village reimbursable to the Village in accordance with Sections 11-3-2 and 11-3-3A of this Title and the agreement obtained from the owner or subdivider at the time of filing a preliminary plan, in connection with said land improvements or the administration of subdivision requirements. Said letter of credit shall be a letter of guarantee, unrelated to payments to subdivider's or owner's contractors or subcontractors, and shall otherwise be in a form acceptable to the village. See appendix VI, incorporated by reference in section 11-1-3 of this title. Notation letters of credit shall not be acceptable.

         c.   Other good and sufficient security as approved by the village to guarantee the proper installation of land improvements.

      2.   A statement that the subdivider will maintain the roads, including snow removal, and other land improvements within the subdivision until accepted by the village, appropriate highway authority or homeowner's association.

      3.   Payment of all professional and administrative fees or other fees and costs incurred by the village through the date of the final plat approval.

      4.   Payment in full of any required school or park donations of cash, or dedication of land in lieu thereof, except as otherwise provided in chapter 8 of this title.

      5.   Any other appropriate conditions contained in the resolution of the village board approving the final plat of subdivision. (Ord. 91-21, 8-6-1991)

 

Notes

1	1. 765 ILCS 205/2.

11-4-6: COMPLETION AND ACCEPTANCE OF IMPROVEMENTS:

The completion and acceptance of land improvements shall be in accordance with the following:

   A.   Completion: All required land improvements shall be completed within two (2) years of the recording of the final plat unless prior to the expiration of the two (2) year period a time extension is requested by the subdivider and granted by the village board. A request for an extension shall not halt the two (2) year period. No extension shall be granted unless adequate guarantee collateral has been received and approved by the village board.

   B.   Construction Observation Of Land Improvements:

      1.   Project Engineer: During the course of construction, the subdivider's project engineer shall provide for construction observation of the work in order to ensure compliance with the approved plans and specifications and with good engineering and construction practices. Construction observation of the work may also be done by the village engineer and other governmental officials as reasonably required or deemed necessary by the village.

      2.   Preconstruction Meeting: Prior to beginning the installation of any improvements, including any excavation or filling, the subdivider, the project engineer and general contractor shall attend a preconstruction meeting with the village engineer. The purpose of the meeting is to review acceptable site development and construction practices in accordance with village ordinances and policies and to complete the preconstruction meeting inspection checklist (see appendix III, incorporated by reference in section 11-1-3 of this title) pertaining to the requirements and schedule for inspection of improvements.

      3.   Inspections: All required land improvements shall be subject to inspections by the village engineer. The subdivider shall give at least twenty four (24) hours' notice to the village engineer prior to the performance of any required inspections as indicated on the preconstruction meeting inspection checklist.

      4.   Correction Of Defects: If upon observation of the improvements, the village engineer finds that the proposed work is unsatisfactory or does not comply with the approved plans and specifications, the village engineer shall advise the project engineer in writing of the defects or deficiencies he believes should be corrected or rejected, or should be uncovered for observation, or require special testing, inspection or approval. After the steps advised by the village engineer have been completed, the subdivider shall again notify the village engineer as provided above for inspection of improvements.

      5.   Final Inspection: Upon completion of all required onsite and offsite improvements, the subdivider shall notify the village engineer, who shall thereupon authorize a final inspection of all improvements installed. If such final inspection indicates that there are any defects or deficiencies in any such improvements as installed, or if there are any deviations in such improvements as installed from the final engineering plans, the village engineer shall notify the subdivider in writing of such defects, deficiencies or deviations and the subdivider shall, at his sole cost and expense, correct such defects or deviations within ninety (90) days of the date of notification, unless the village engineer shall approve in writing a longer time period, within his discretion reasonably exercised, due to impossibility of performance. When such defects, deficiencies or deviations have been corrected, the subdivider shall notify the village engineer that the improvements are again ready for final inspection.

   C.   Reduction Of Guarantee:

      1.   Classifications of required land improvements are enumerated below. The amount of the guarantee collateral may be reduced as each classification of required land improvements is completed and approved for each approved phase of development. Onsite and offsite required land improvements shall, where applicable, each be divided into the following categories as may be applicable:

         a.   Excavating, filling and grading and retention/detention areas;

         b.   Sanitary sewer system and appurtenances;

         c.   Water system and appurtenances;

         d.   Storm sewer system and appurtenances;

         e.   Streets;

         f.   Landscaping improvements;

         g.   Miscellaneous improvements (street signs, street lights, pedestrian or equestrian ways, bicycle trails, etc.).

      2.   A construction guarantee shall be reduced only by written recommendation of the Village Engineer as approved by the Village Board by motion or resolution upon:

         a.   Written application for reduction by the subdivider, provided the reduction for any land improvement shall not exceed ninety percent (90%) of the cost estimate approved by the Village Engineer for that improvement, by classification, until acceptance or approval of the improvement by the Village Board. The Village Engineer must certify that the improvements in the particular category for which reduction is sought are substantially complete. Upon Village Board acceptance or approval, up to one hundred percent (100%) of the estimated cost of the improvement may be released. Reduction of the remaining guarantee shall not be authorized until all the land improvements have been accepted or approved and as hereafter provided. Approval of a reduction hereunder shall not constitute acceptance or final approval of any improvement by the Village.

         b.   The unsatisfactory installation, not corrected by the subdivider within thirty (30) days after receiving written notice from the Village Engineer, the Village Board or the Village Attorney, of required improvements, in which event the Village may then declare the subdivider to be in default and may draw from the construction guarantee the amount necessary to insure the satisfactory construction of said improvements, including attorney fees, other professional fees and court costs related to the enforcement of the provisions of this Section.

         c.   The failure of the subdivider, within thirty (30) days after receiving written notice from the Village, to pay in full any fees or expenses incurred by the Village in accordance with Sections 11-3-2 and 11-3-3A of this Title.

         d.   The failure of the subdivider to furnish a replacement or renewal letter of credit or other construction guarantee not less than thirty (30) days prior to the expiration of such letter of credit or guarantee, which shall entitle the Village to draw thereon. A reduction under this subsection C2d shall not require a written recommendation by the Village Engineer.

   D.   Release Of Guarantee: The guarantee for completion of the land improvements shall be released only upon fulfillment of the following conditions:

      1.   The completion of all land improvements;

      2.   The submission of one reproducible (mylar) set of record drawings which shall be prepared by the project engineer and approved in writing by the Village Engineer who shall show and certify as to the actual location of all land improvements, whether public or private, and shall clearly designate any and all changes from the approved plans and specifications;

      3.   A bill of sale, when required, and a contractor's affidavit and lien waivers in accordance with the Illinois Mechanic's Lien Act 1 , for all land improvements which have been designated by the Village Board for acceptance or approval;

      4.   The submission of a deposit in cash or irrevocable letter of credit, equal to twenty percent (20%) of the cost of land improvements except landscaping improvements. This deposit shall be a guarantee of satisfactory performance of the land improvements and the payment of all fees and expenses incurred by the Village in connection with the subdivision. The deposit shall be held by the Village for a period of twelve (12) months after acceptance of the improvements. After such twelve (12) months the deposit shall be refunded if all of said fees and expenses have been paid and if no defects have developed. In the event there are any unpaid fees or expenses or if any defects have developed, then the remaining deposit shall be released, by motion or resolution of the Village Board, subject to payment for said fees and/or amounts expended or to be expended in correcting defects;

      5.   The submission of a deposit in cash or in the form of an irrevocable letter of credit equal to twenty percent (20%) of the cost of all required landscaping improvements. This deposit shall be a guarantee of the satisfactory performance of the landscaping improvements and the payment of all fees and expenses incurred by the Village in connection therewith. The deposit shall be held by the Village for a period of eighteen (18) months after acceptance of the landscaping. After such eighteen (18) months, the deposit shall be refunded if it is determined by the Village that the establishment and growth of the landscaping is assured. In the event there is a need to correct defects or replace diseased or dead landscape plantings, the remaining deposit shall be released by motion or resolution of the Village Board subject to payment for amounts expended or to be expended to correct defects or replace said landscape plantings, and payment of fees or amounts expended subsequent to release of the guarantee provided in subsection D4 above.

      6.   Final acceptance, by resolution of the Village Board, of the land improvements which have been designated by the Village Board for acceptance, and acknowledgment, by motion or resolution of the Village Board, of completion of the land improvements which have not been designated for acceptance. (Ord. 91-21, 8-6-1991)

 

Notes

1	1. 770 ILCS 60/0.01 et seq.