TITLE 11
SUBDIVISION AND DEVELOPMENT REGULATIONS
CHAPTER 1
GENERAL SUBDIVISION PROVISIONS
SECTION:
11-1-1: Title
11-1-2: Purpose
11-1-3: Scope
11-1-4: Interpretation
11-1-5: Variations
11-1-6: Permit Requirements
11-1-7: Meetings To Consider Subdivisions
11-1-8: Penalty
11-1-1: TITLE:
This title shall be known and may be cited and referred to as the SUBDIVISION AND DEVELOPMENT ORDINANCE FOR THE VILLAGE OF WEST DUNDEE, KANE COUNTY, ILLINOIS. (Ord. 89-04, 4-3-1989)
11-1-2: PURPOSE:
The following regulations are adopted for the purpose of promoting and protecting the public health, safety and general welfare:
   A.   To provide for a permanently wholesome community environment; to conserve, protect and enhance property and property values; and to secure the most efficient use of land;
   B.   To provide for orderly growth and development; to prevent scattered development beyond existing public utilities and facilities; and to facilitate the adequate but economical provision of public improvements;
   C.   To limit and control the pollution of the environment; to safeguard the public against flood damage; and to preserve and enhance historical sites and natural features;
   D.   To prescribe reasonable rules and regulations governing the subdivision and platting of land; the preparation of plats; the location, width and course of streets and highways; the installation of utilities, street pavements and other essential improvements; and the provision of necessary public grounds for schools, parks, playgrounds and other public open space. (Ord. 89-04, 4-3-1989)
11-1-3: SCOPE:
   A.   Whenever any subdivision or resubdivision of land shall hereafter be laid out within the incorporated limits of the village or within territory not more than one and one-half (11/2) miles beyond the incorporated boundary of the village, and not within the corporate limits or planning jurisdictional boundaries of another municipality, the subdivider thereof or his agent shall submit subdivision plans to the village. Said plans, proposed improvements and all procedures relating thereto, shall in all respects be in full compliance with the regulations contained in this title.
   B.   Until the plan or plans of the subdivision, streets or improvements have been certified to and approved by the board of trustees:
      1.   No land shall be subdivided or filed for record, nor any street laid out, nor any improvement made to the natural land.
      2.   No lot, tract or parcel of land within the proposed subdivision shall be offered for sale, nor shall any sale, contract for sale, or option be made or given.
      3.   No improvements, such as sidewalks, water supply, storm water drainage, sanitary sewerage facilities, gas and electric service, street lighting or grading or surfacing of streets, shall hereafter be made by any owner or his agent.
   C.   All plans of the subdivision, streets or improvements, and all offerings or dedications of land to the village for use as streets, highways, alleys, paths, schools, parks or other public uses shall be referred to the planning and zoning commission for review and recommendation before being accepted by the board of trustees.
   D.   Where a tract of land proposed for subdivision is part of a larger, logical subdivision unit in relation to the village as a whole, the planning and zoning commission may, before recommending approval, cause to be prepared a plan for the entire area or neighborhood, for such use by the planning and zoning commission as an aid in judging the proposed plat. (Ord. 89-04, 4-3-1989)
11-1-4: INTERPRETATION:
   A.   In interpretation and application, the provisions of this title shall be held to be the minimum requirements.
   B.   Where the conditions imposed by any provision of this title upon the use of land are either more restrictive or less restrictive, the comparable conditions imposed by any other provision of this title or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
   C.   This title is not intended to abrogate any easement, covenant or any other private agreement; provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this title shall govern.
   D.   No subdivision of land which was not lawfully existing at the time of the effective date hereof shall be made lawful solely by reason of the adoption of these regulations, and to the extent that said subdivision of land is in conflict in any manner with the requirements of this title, said subdivision of land remains unlawful hereunder. (Ord. 89-04, 4-3-1989)
11-1-5: VARIATIONS:
   A.   In cases where there are particular difficulties or peculiar hardships in carrying out the literal provisions of this title, the planning and zoning commission may recommend to the board of trustees that a variation from such provisions be granted.
   B.   Such planning and zoning commission's recommendations and reasons for recommending such variation shall be made in writing, setting forth all pertinent facts and circumstances of the case. Such recommendation may be made by referring the variation matter to the board of trustees before the planning and zoning commission makes any further consideration of or takes any further action on the subdivision application in question; or such recommendation may be made at the same time that the planning and zoning commission recommends action on the entire subdivision application.
   C.   The president and the board of trustees shall not approve any such recommendation which will not be in harmony with the general purposes and intent of the provisions of this title and the official plan and map. (Ord. 89-04, 4-3-1989)
11-1-6: PERMIT REQUIREMENTS:
   A.   Building Permits: No building permit shall be issued by any governing official for the construction of any building or structure on any land or lot within a "subdivision" as defined herein, which has been approved for platting or replatting, until the final plat has been recorded and until the required improvements have been installed or are being installed to the satisfaction of the board of trustees.
   B.   Occupancy Permits: No occupancy permit shall be granted by any governing official for the use of any structure within any subdivision approved for platting or replatting until required utility facilities have been installed and made ready to serve the property, and until all other required improvements have been constructed or are in the course of construction and are suitable for use, and all requirements of title 10 of this code and this title are met. (Ord. 89-04, 4-3-1989)
11-1-7: MEETINGS TO CONSIDER SUBDIVISIONS:
All plans, plats and other material submitted as required herein shall be considered at regularly scheduled meetings of the village board or the planning and zoning commission. Additional meetings and/or work sessions may be held if requested by the subdivider, and approved by the village board and/or planning and zoning commission. (Ord. 89-04, 4-3-1989)
11-1-8: PENALTY:
Any person violating any provision of this title shall be fined as provided in the general penalty in section 1-4-1 of this code. A separate offense shall be deemed committed on each day during or in which a violation occurs or continues. (Ord. 89-04, 4-3-1989; amd. 2004 Code)