§ 154.285 LEGAL INSTRUMENT FOR PERMANENT PROTECTION.

   (A)   The open space must be protected in perpetuity by a binding legal instrument that is recorded with the deed. The legal instrument must be one of the following:

      (1)   A permanent conservation easement in favor of either:

         (a)   A land conservation agency with legal authority to accept the easements. The organization must be bona fide and in perpetual existence and the conveyance instruments must contain an appropriate provision for transfer in the event the organization becomes unable to carry out its functions; or

         (b)   A governmental entity (if the entity accepting the easement is not the county, then a third right of enforcement favoring the county must be included in the easement).

      (2)   An open space tract protected by a permanent restrictive covenant for conservation purposes in favor of a governmental entity; or

      (3)   An equivalent legal tool that provides permanent protection, as approved by the State’s Attorney.

   (B)   The instrument for permanent protection must include clear restrictions on the use of the open space. These restrictions must include all restrictions contained in this section, all restrictions approved by the County Board and any further restrictions the applicant chooses to place on the open space.

(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)

§ 154.286 DECLARATION OF CONSENT FOR MAINTENANCE SPECIAL SERVICE AREA.

   (A)   Concurrently with the recordation of the final plat, the applicant shall also be required to record a declaration of consent, in form acceptable to the Plat Committee, consenting to the establishment of the maintenance special service area with the County Recorder of Deeds.

   (B)   The terms of the declaration of consent shall run with the land and be binding on all future owners of property within the subdivision.

(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009) Penalty, see § 154.999

OVERVIEW OF SUBDIVISION APPROVAL PROCESS

§ 154.300 EXEMPT LAND DIVISIONS.

   Land divisions that are exempt from subdivision plat approval requirements are specified in the Plat Act and in the definition of the term “subdivision” in § 154.031.

Commentary:
   Land divisions that are exempt from subdivision plat approval requirements must still be recorded.

(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)

§ 154.301 MINOR SUBDIVISIONS.

   (A)   Applicability. All of the following may be reviewed and approved as minor subdivisions:

      (1)   Subdivisions that involve the creation of five or fewer lots provided that:

         (a)   They do not involve the creation of any new streets;

         (b)   They do not require the extension of municipal facilities;

         (c)   They do not adversely affect development of the remainder of the parcel or abutting property;

         (d)   They do not conflict with the County Land Resource Management Plan or any of its functional elements; and

         (e)   They do not conflict with the County Zoning Ordinance, chapter or official map.

      (2)   The consolidation of lots or parcels into a fewer number of lots or parcels.

Commentary:
   Land divisions that are eligible for processing as minor subdivisions must still comply with all chapter standards and requirements.

   (B)   Procedural overview.

(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)

§ 154.302 MAJOR SUBDIVISIONS.

   (A)   Applicability. Any subdivision that does not meet the criteria for processing as a minor subdivision (see § 154.031(A)) is a major subdivision and must be processed in accordance with the major subdivision procedures of this chapter.

   (B)   Procedural overview. A major subdivision is reviewed and approved as follows.

      (1)   First, a pre-application meeting must be held in accordance with §§ 154.335 through 154.339.

      (2)   Next, a preliminary plat must be reviewed and approved in accordance with §§ 154.350 through 154.361.

      (3)   Next, if the preliminary plat is approved, improvement plans must be reviewed and approved in accordance with §§ 154.375 through 154.384.

      (4)   If the preliminary plat is approved, the applicant may then apply for approval of a final plat (consisting of engineering improvement plans, subdivision financial guarantees and a plat of subdivision) in accordance with §§ 154.395 through 154.404.

(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)

COMMON PROVISIONS

§ 154.315 FORM OF APPLICATION.

   (A)   Applications required under this chapter must be submitted in a form and in a numbers as required by the official responsible for accepting the application.

   (B)   Officials responsible for accepting applications must develop checklists of application submittal requirements and make those checklists available to the public.

Commentary:
   Application forms and checklists of preliminary plat, improvement plan and final plat submittal requirements are included in the Will County Developers’ Handbook. The county will endeavor to provide a written determination within 21 days.

(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)