The procedures for subdivision approval are hereby established as outlined below:
A. Preapplication Conference:
1. At the request of the applicant, the village manager or his designee shall conduct a preapplication conference.
2. The village manager shall inform the applicant of applicable plans, policies, and standards.
3. The applicant presents a general concept of the proposed development.
B. Sketch Plan: A sketch plan phase is intended to familiarize the subdivider with the provisions of this ordinance and to eliminate, wherever possible, major revisions of the preliminary plan. The procedures are as follows:
1. Sketch Plan Procedures:
a. The subdivider shall contact the chairman of the plan commission through the village manager's office to have his proposal placed on the agenda of the plan commission.
b. The subdivider shall submit twenty five (25) copies of the sketch plan to the village clerk, along with all required filing fees. These copies shall be submitted at least ten (10) working days before the meeting with the plan commission. The information in the sketch plan shall be in conformance with the requirements of this chapter.
c. The village clerk shall forward copies of the sketch plan to each member of the plan commission, to the school boards within whose district the property is located, to the Western Springs park district, the village engineer, the village manager, to the village president, and to such other persons as designated by the chairman of the plan commission. (Ord. 92-1855, 12-14-1992)
d. The village engineer and the department of code enforcement shall submit their written reports to the plan commission, analyzing the sketch plan and making recommendations for possible changes in the plan. The public bodies may submit information to the plan commission that will be helpful in analyzing the sketch plan. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)
e. The subdivider shall meet with the plan commission to consider the general layout and design of the road system, the lots and blocks, the proposed utility lines, the land uses, both public and private, and any other factors pertinent to the subdivision. The subdivider may have to prepare more than one sketch plan to be submitted to the plan commission in order to incorporate any necessary changes and modifications.
f. Written comments and suggestions from the plan commission shall be referred to the petitioner within thirty (30) days of sketch plan meetings. These comments should be used by the petitioner to guide the preparation of preliminary plat documents.
2. Sketch Plan Information: The sketch plan shall include the following information:
a. Boundaries of the property to be subdivided.
b. Land characteristics on the site, including streams, floodplain areas, wooded areas, and areas of unstable soils.
c. Topographic information at one foot (1') intervals for a distance of one hundred feet (100') beyond the periphery of the proposed subdivision.
d. Development characteristics including surrounding land uses, existing structures on the site, and available utility lines.
e. The proposed layout of the streets, lots and blocks.
f. The proposed location of single-family residential areas, multi-family residential areas, commercial areas, industrial areas, and all areas to be dedicated to the public.
g. Existing easements and covenants affecting the site.
h. An analysis of the floodwater detention and release requirements as specified in the floodplain regulations of the village.
i. A location sketch showing the relationship of the site to the traffic arteries in the area.
j. An aerial photograph of the subject property and the surrounding area with the boundaries of the subject property indicated thereon.
k. Other information as required by the plan commission. (Ord. 92-1855, 12-14-1992)
C. Minor And Major Subdivisions And Administrative Minor Subdivisions:
1. Minor Subdivisions: Minor subdivisions, as defined in this ordinance, are subdivisions of four (4) or fewer lots which do not require the construction of public improvements. Minor subdivisions are subject to a one stage approval process, that being the approval of final plats as contained in subsection F of this section. Furthermore, the content of such final plat shall be required to include only those items contained in subsection E2 of this section that are applicable to minor subdivisions. Although not required, it is recommended that applicants for minor subdivisions complete a preapplication conference with village staff as outlined in subsection A of this section.
2. Major Subdivisions: Major subdivisions, as defined in this ordinance, are any subdivisions not classified as minor subdivisions. Major subdivisions shall conform to all the procedures and submission requirements established hereunder.
3. Administrative Minor Subdivisions (Residential Lots Only): An administrative minor subdivision, as defined in this ordinance, is a subdivision or resubdivision of one or more platted lots that results in the creation of not more than two (2) lots that meet or exceed the minimum lot area and size requirements for the applicable residential zoning district classification and shall otherwise be in full compliance with applicable provisions of this ordinance. Administrative minor subdivisions are subject to:
a. Submittal Requirements: A preapplication conference with village staff. Submittal requirements for the preapplication conference shall consist of:
(1) A general concept plan for development on the proposed lots, including sketch plan information set forth in subsection B2 of this section. The applicant shall prepare and submit an updated general concept plan for submittal to the village that incorporates any necessary changes and modifications required by the village staff, the village engineer and the village attorney to comply with applicable regulations and this ordinance.
(2) A plat of resubdivision, which shall be subject to resubmittal to address necessary changes and modifications required by the village staff, the village engineer and the village attorney to comply with applicable regulations and this ordinance. The content of the plat shall include all applicable information required by subsection F2, "Final Plat Form And Content", of this section.
(3) Other information as required by the director of community development (e.g., compliance with section 10-11-1 of this ordinance, Western Springs floodplain and stormwater management).
b. Application; Deposit And Reimbursement Of Village For Application And Plat Review Fees And Costs: An applicant (the property owner or person with an ownership interest in the property with the written consent of the property owner) may apply for approval of a plat of an administrative minor subdivision by completing and submitting an executed application and the submittal requirements and paying to the village a required minimum deposit of one thousand five hundred dollars ($1,500.00). An application may be obtained from the community development department or from the village website. The deposit shall be used to pay for the review of the application, necessary document preparation, and submittals by the village's staff, the village engineer, the village attorney and any other village consultant requested by the community development director as well as the filing fees of the Cook County recorder of deeds (CCRD) office for the filing of the plat. If the deposit is insufficient to satisfy the review costs and fees and filing fees, upon written request of the community development director, the applicant is responsible for paying the balance due and payment shall be a condition of final approval of the plat. The community development director shall provide the applicant with an itemized summary of the review costs and filing fees incurred in regard to the application and plat approval.
c. Approval Process: A one stage approval process that requires approval by the village board after a recommendation from the director of community development. Village board action on an application for an administrative minor subdivision does not require a public hearing before the plan commission or a recommendation by the plan commission, unless a zoning change or a variation is requested by the applicant. If a zoning change or variation is requested by the applicant, a public hearing shall be conducted by the plan commission in conformance with the provisions of this ordinance. (Ord. 15-2794, 3-23-2015)
D. Preliminary Plat: The preliminary plat is a detailed set of drawings and supporting material, which will enable the village to make an informed decision as to the merits of the proposed subdivision. Approval of the proposed subdivision can be given at this stage, in reliance upon which the subdivider can prepare his final engineering drawings and the final plat.
1. Filing The Preliminary Plat:
a. The subdivider shall file the application for a preliminary plat with the village manager's office along with twenty five (25) copies of all required maps, illustrations, drawings, reports and studies, and along with all required filing fees. The village board shall refer the application to the plan commission for its consideration, study, and recommendation.
b. The application shall be executed by all of the owners of record of the subject property. If the property is held in a land trust, all beneficial owners of the land trust shall also execute the application.
c. An application for a preliminary plat may be processed by some party other than an owner of the subject property, provided that he reveal any interest in the property or in the proceeds from the development of the proposed subdivision.
d. The information required to be filed for a preliminary plat shall be submitted at least ten (10) working days before its consideration by the plan commission, and shall be in conformance with the requirements of this chapter.
e. The village manager shall distribute the copies of the preliminary plat to village staff and officials.
2. Action By The Plan Commission:
a. The plan commission shall study the merits of the preliminary plat for a reasonable period of time. This review may be continued to subsequent meetings of the plan commission. (Ord. 92-1855, 12-14-1992)
b. The village manager shall assist the plan commission by forwarding all information filed by the applicant to all departments concerned with subdivision approval and the village engineer for their review, comment, and recommendation. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)
c. If a zoning change or variation is requested by the subdivider, in conjunction with the preliminary plat, a public hearing shall be conducted by the plan commission in conformance with the provisions of this ordinance. (Ord. 92-1855, 12-14-1992)
d. The plan commission shall submit its recommendation in writing to the village board indicating either approval of the application, approval subject to additional conditions and modifications, or denial of the application. The plan commission shall specify the reasons for its recommendations. A copy of such recommendation, which may include the recommendations of the department of code enforcement and village engineer shall be sent to the applicant. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)
3. Action By The Village Board: The village board, within a reasonable period of time after receipt of the recommendations of the plan commission, shall approve the preliminary plat, approve it subject to conditions and modifications, deny it, or refer the application to the plan commission for further consideration and study.
a. Approval of the preliminary plat constitutes approval of the layout of the streets, lots, blocks, and land uses and authorizes the subdivider to prepare the detailed engineering drawings and the final plat. Approval of the preliminary plat shall be effective for a maximum period of one year, after which it shall be declared void.
b. If the Village Board approves the preliminary plat subject to conditions and modifications, such approval shall be valid only when the subdivider files with the Village Board written consent to such conditions and modifications.
c. If the preliminary plat is approved or denied, the Village Board shall state in writing its reasons for the approval or denial and copies of these reasons shall be sent to the subdivider and the chairman of the Plan Commission.
4. Required Information In The Preliminary Plat: The preliminary plat shall include maps, drawings, and supporting material, which may have to be revised several times before it is approved. The original draft of the preliminary plat may be prepared by an engineer, surveyor, or land planner, but the final draft of the preliminary plat shall be a boundary line closure with the exact dimensions of all lot lines and angles shown, prepared by a surveyor current to within six (6) months of the date of application. All maps shall be drawn on a tracing medium in a manner that clear and legible prints can be made therefrom, and shall be at a scale of one inch equals one hundred feet (1" = 100'), or some other scale specifically approved by the Village Engineer. Included shall be the following:
a. A boundary line survey of the property to be subdivided prepared by a surveyor. Shown on this survey shall be the boundary lines of the property, easements, existing buildings, drainage courses, and culverts, along with the legal description of the property and any covenants attached to the property.
b. A topographic map of the property with contours at vertical intervals of not more than one foot (1') except in unusual topographic conditions in which case such vertical intervals may be altered as determined by the Village Engineer. The topographic information shall be given for the proposed subdivision and for a distance of one hundred feet (100') from the periphery thereof. A project benchmark related to the USGS datum shall be noted thereon.
c. A site analysis of the property including:
(1) Existing land uses both on the site and immediately adjacent to it.
(2) On and off-site views.
(3) Wooded areas, with all mature trees of six inch (6") caliper or greater spotted individually.
(4) Potential soil problem areas.
(5) Flood plain and wetland areas.
(6) Streams, drainage ditches, and standing water.
(7) General directions of storm water runoff across the property.
(8) Existing County or Municipal zoning on all parts of the subject site.
(9) Corporate boundaries across or adjacent to the subject site, including the boundaries of municipalities, school districts, park districts, and fire protection districts.
(10) Soil borings sufficient in number and detail to determine existing soil types, with a report of soil suitability for the proposed site development.
d. Public utilities information including the location, invert elevations, and size of any existing sanitary sewers and/or water lines on the site and any easements and rights of way immediately adjacent to the site.
e. Transportation information, including the location of all extensions of state, county, or municipal roads across or immediately adjacent to the subject property.
f. A proposed site development plan which shall show the following:
(1) The location, width, and designation by type of all streets.
(2) The proposed land use areas, including total acreage and total number of dwelling units, if any, including all public lands.
(3) All lots and blocks, along with the dimensions of the lot lines and the square footage totals for each lot.
(4) The location, invert elevation, and size of any proposed sanitary sewers, storm sewers, storm water detention areas, and water lines.
(5) Typical cross-sections of all the streets proposed to be constructed or reconstructed as a part of this development.
(6) All setback lines.
(7) All easements, labeled as to function.
g. Written documents, which shall include the following:
(1) A draft of the protective covenants, and Homeowners Association Agreement and Declaration, if any.
(2) An indication of the expected scheduling or phasing of the subdivision.
(3) A traffic analysis study.
(4) A tax impact study, if required by the Plan Commission or Village Manager.
(5) All required Storm Water Management documents to comply with the provisions of Chapter 11 of this Ordinance, "Flood Plain and Storm Water Management".
(6) A description of the method of extending off-site utility lines and streets, as required.
(7) A description of the method of complying with the Western Springs school-park donation requirements, section 10-10-14 of this chapter.
(8) A description of the method of access of construction equipment to the site, including the use of any construction easements across adjacent property.
(9) A general description of the erosion control and soil conservation measures to be undertaken.
(10) Any additional information, requested by the plan commission or the village board for the proper consideration of the proposed subdivision.
E. Final Engineering Drawings: After the approval of the preliminary plat, the subdivider shall submit to the village all required final engineering plans, drawings, calculations, and details for all required improvements, along with all required fees. The village manager shall forward said material to the village engineer for review and approval.
1. Preparation Of Plans:
a. All plans and specifications shall show all required land improvements listed in this chapter, and shall be prepared in conformance with, all applicable ordinances of the village, other agency regulations and with the engineering specifications listed in section 10-10-16 of this chapter.
(1) All plans and specifications shall bear the seal of a registered Illinois professional engineer, along with his signed statement that such plans and specifications have been prepared in compliance with the village ordinances and with good engineering practice.
(2) Said plans shall be drawn to a minimum scale of one inch equals fifty feet (1" = 50') horizontal and one inch equals five feet (1" = 5') vertical. The plans shall show profiles of all utility and street improvements, with elevations referred to United States geological survey datum.
b. In addition to all other required plans and drawings, a specific storm water management plan shall be submitted containing all required storm water management documents required to comply with the provision of chapter 11 of this ordinance.
c. In addition to all other required plans and drawings, a specific soil erosion control plan shall be submitted, detailing the exact procedures to be undertaken to control erosion during construction and grading in the subdivision, in accordance with the provisions of section 10-10-18 of this chapter.
d. A plan indicating changes in topographic and drainage characteristics between the existing site and the proposed development shall be prepared at the same scale as the final plat.
2. Review By The Village Engineer: The village engineer shall review all engineering drawings in order to determine whether such drawings are consistent with the approved preliminary plat and whether they comply with the requirements contained herein and in the other ordinances of the village. He shall report his review to the plan commission and the village board. In the event that the plans, details, or specifications do not so conform or comply, the village engineer shall notify the subdivider, plan commission, and village board of the specific manner in which they do not so conform or comply.
3. No Action By The Plan Commission Without Compliance: The plan commission shall not act upon the final plat until the engineering drawings have been reviewed by the village engineer and a report of compliance or noncompliance has been received by the plan commission. (Ord. 92-1855, 12-14-1992)
F. Final Plat: No person shall subdivide or develop any parcel of land until a final plat shall have been reviewed by the plan commission for its compliance with the approved preliminary plat, and has been reviewed and approved by the village board, as set forth below, except for plats of consolidation which shall be approved administratively in accordance with section 10-10-21 of this chapter. (Ord. 03-2267, 10-27-2003)
1. Procedure:
a. Filing Of The Final Plat:
(1) After the village engineer has reviewed and approved the final engineering plans, the subdivider shall submit to the village board twenty five (25) copies of the final plat, along with any required filing fee. The village board shall refer the final plat to the plan commission for its review and recommendation.
(2) The final plat shall conform substantially to the preliminary plat as approved.
(3) If desired by the subdivider and as allowed by the village board, the final plat may be submitted in stages, with the separate final plats covering portions of the approved preliminary plat, provided that each final plat conforms to all of the regulations of this ordinance.
b. Actions By The Plan Commission: Within sixty (60) days after its meeting to review the final plat, the plan commission shall determine if the final plat is in substantial conformance with the approved preliminary plat. If the commission determines that it is in substantial conformance, the chairman shall affix his signature to the final plat. If the commission determines that the final plat is not in substantial conformance with the approved preliminary plat, the commission shall set forth its findings in its own records and shall forward a copy to the subdivider and to the village board.
c. Action By The Village Board: Within sixty (60) days after receiving the plan commission's report on the final plat, the village board shall approve or deny the final plat. If the village board approves the final plat, it shall authorize the village president to affix his signature to the plat. If the village board disapproves the final plat, it shall set forth its reasons in its records and shall forward a copy to the subdivider and to the plan commission.
d. Recording Of The Plat: Upon approval by the village board, the subdivider shall collect the other necessary signatures, and the village clerk shall record the plat with the county recorder of deeds at the subdivider's expense. The subdivider shall provide copies and reproductions of plans and drawings as requested by the village for recording and maintenance of public records.
2. Final Plat Form And Content:
a. Final Plat Form: The final plat shall be drawn in waterproof black (india) ink on tracing cloth, or their equivalents. Permitted page sizes shall be thirty six inches by thirty inches (36" x 30") or thirty inches by thirty inches (30" x 30"), and no other sizes shall be accepted. The scale shall be one inch equals one hundred feet (1" = 100') or larger. Variation in scale may be allowed when determined by the village engineer to be necessary for a proper exhibit of the subdivision. When more than one sheet is used for any plat, they shall be numbered consecutively, and each sheet shall contain a notation showing the whole number of sheets in the set of maps, and its relation to the other sheets (e.g., sheet 1 of 3 sheets). Linear dimensions shall be given in feet and decimals thereof.
b. Final Plat Content: The final plat shall show on the face thereof:
(1) The name of the subdivision.
(2) The location and position of the subdivision indicated in each of the following ways:
(A) By quarter-quarter section, section, township, range, meridian, county, and state.
(B) By distances and bearings from true north or angles with reference to a corner or corners established in the United States public land survey.
(C) By a written legal description of the exterior boundaries of the land as surveyed and subdivided.
(3) The top of the plat to be oriented north, and the plat to contain a north arrow.
(4) A graphic scale.
(5) The date of preparation.
(6) The description and location of all survey monuments.
(7) Survey data sufficient to reproduce any line or reestablish any monument in the subdivision.
(8) A graphic presentation of all streets, alleys, blocks, parcels, and public grounds into which the land is subdivided and of all easements and rights of way.
(9) The length of boundary lines of all streets, alleys, blocks, lots, parcels, public grounds, easements and rights of way or enough information so that the length of these lines can be derived by simple calculation. Where a boundary line is an arc of a circle, the radius and length of the arc shall be shown.
(10) The width of all streets, easements, and rights of way.
(11) A graphic presentation of the minimum building setback lines of all lots and parcels, and a notation of the distance between such lines and the street right of way lines.
(12) The area of each lot or parcel.
(13) Consecutive letters on all blocks and consecutive numbers on all lots throughout the plat.
(14) The name of each street, as approved by the village board, printed on the graphic representation of each street, and an appropriate label designating all other easements, rights of way, setback lines, dedications, and reservations (e.g., "Dedicated for Park Purposes" or "Reserved for Public School Site").
(15) The abutting street lines of all adjoining subdivisions, shown in their correct location by broken lines.
(16) The water elevation of adjoining lakes or streams at the date of survey and a graphic representation, as well as a notation of, the high water marks of such lakes or streams; if any portion of the land within a subdivision shown on any final plat is subject to flood hazard by stormwaters, such fact and portion of land so affected shall be clearly shown on the final plat by a prominent note on each sheet of the final plat whereon any such portion shall be shown. The plat shall show the limits of the special flood hazard area and the floodway along with the base flood elevation (BFE) and the flood protection elevation (FPE).
(17) Covenants and restrictions. (Ord. 92-1855, 12-14-1992)
(18) Utility easement grants, sidewalk easement grants, stormwater drainage utility easements.
(19) All acknowledgments, certifications and statements required by state law, including the Illinois plat act 1 .
c. Other Information: The following information security and assurances shall be submitted along with the final plat:
(1) Performance Bond: Performance bond or other securities in conformance with the requirements of section 10-10-19 of this chapter.
(2) Cash Or Land Dedication: Cash or irrevocable offers to dedicated land in conformance with the provisions of section 10-10-14 of this chapter.
(3) Certificates: The approval of the final plat shall not be deemed completed until the required certificates, other than the village clerk certificate, have been duly executed. Certificates to be affixed to the final plat shall include those of:
(A) The owner as to the ownership of the property.
(B) A notarized statement indicating, to the best of the owner's knowledge, the elementary, high school or unit school district(s) in which each tract, parcel, lot or block lies.
(C) The surveyor as to compliance with municipal and state regulations.
(D) The village treasurer as to unpaid special assessments.
(E) The plan commission chairman as to the approval of the plan commission.
(F) The village engineer as to approval of the required engineering drawings.
(G) The county clerk as to unpaid taxes.
(H) The village president and village clerk as to the approval by the village board and acceptance of any easements rights.
(I) The owner's engineer and the owner as to drainage from the subdivision.
(J) State of Illinois chief highway engineer when the subdivision includes or is adjacent to a state highway or local highway authority when property involves access to all other roadways.
(K) Local department of health if property is not connected to public sewer system.
(L) Mortgagee's consent to all easements, dedications and other rights granted or reserved to the village and other third parties. (Ord. 15-2794, 3-23-2015)
Notes
| 1 | 1. 765 ILCS 205. |