This chapter shall be known as and may be cited as the "Williamsville
Subdivision Ordinance."
This chapter is hereby made a part of the Official Comprehensive
Plan. It is to provide for improvement of public health and safety,
for the harmonious development of Williamsville and its environs,
for the coordination of streets within subdivisions with other existing
or planned streets or with other features of the Official Comprehensive
Plan, for adequate open space for streets, parks, schools, recreation
and air, for adequate stormwater drainage and sewage disposal, for
the efficient and economical maintenance of streets and for the development
of public grounds.
It shall be unlawful for a subdivider of land within the subdivision
jurisdiction of the Village of Williamsville to subdivide land into
lots, blocks, streets, alleys, or public open space unless by plat
in accordance with the laws of the State of Illinois and the provisions
of this section of the Village's Subdivision Regulations. It
shall be unlawful to divide land without obtaining tract survey approval,
when required.
A.
The provisions of this section shall not apply, except as noted with
respect to tract surveys, and no plat is required in any of the following
instances:
(1)
The division or subdivision of land into parcels or tracts of five
acres or more in size which does not involve any new streets or easements
of access.
(2)
The division of lots or blocks of less than one acre in any recorded
subdivision which does not involve any new streets, easements of access
or drainage and utility easements.
(3)
The sale or exchange of parcels of land between owners of adjoining
and contiguous land where the transfer results in the same number
of parcels.
(4)
The conveyance of parcels of land or interests therein for the use
as a right-of-way for railroads or other public utility facilities
and other pipe lines which does not involve any new streets or easements
of access.
(5)
The conveyance of land owned by a railroad or other public utility
which does not involve any new streets or easements of access.
(6)
The conveyance of land for highway or other public purposes or grants
or conveyances relating to the dedication of land for public use or
instruments relating to the vacation of land impressed with a public
use.
(7)
Conveyances made to correct descriptions in prior conveyances.
(8)
The sale or exchange of parcels or tracts of land following the division
into no more than two parts of a particular parcel or tract of land
existing on July 17, 1959, and not involving any new streets or easements
of access. If a division is made prior to October 1, 1973, for which
an exemption is claimed pursuant to this Subsection A(8), and the
division results in one part being greater than five acres and the
other part being less than five acres, then the subsequent division
of the part greater than five acres shall qualify for the exemption
set forth in Subsection A(9) of this section. If a division is made
on or after October 1, 1973, for which an exemption is claimed pursuant
to this Subsection A(8), and the division results in one part being
greater than five acres and the other part being less than five acres,
then the subsequent division of the part greater than five acres shall
not qualify for the exemption set forth in Subsection A(9).
(9)
The sale of a single tract less than five acres from a tract of five
acres or larger when a survey is made by an Illinois registered land
surveyor; provided, however, that this exemption shall not apply to
the sale of any subsequent lots from the same larger tract of land,
as determined by the dimensions and configuration of the larger tract
on October 1, 1973, and provided also that this exemption does not
invalidate any other local requirements applicable to the subdivision
of land. For the purpose of this Subsection A(9), if a tract of five
acres or greater existed prior to October 1, 1973, its division on
or after October 1, 1973, into two parts, each of which is less than
five aces, shall nevertheless qualify for the exemption set forth
in the Subsection A(9).
B.
A tract survey shall be required for a division or subdivision of
land for which no plat is required under Subsection A, for exceptions
in A(1), (2),(3), (8) and (9). A survey may not be required if the
resulting parcel is 10 acres or more and can be described as a fractional
part in increments of quarter or half sections. A survey may also
not be required under Subsection A(3) if the conveyance can be described
by linear feet of road frontage or lot line and with the portion perpendicular
to the frontage being parallel to the common lot.
For the purpose of this chapter, the following words, terms,
phrases, and their derivations shall have the meaning given in this
section. The word "shall" is always mandatory and not merely discretionary.
A public way used primarily as a service access to the rear
or side of a property, which abuts on a street.
Copies of previously approved plans (previously approved
by the Village Engineer and the Village). If any changes are made
during the construction of a new subdivision, the changes will be
noted on the as-built plans. Details to be shown on the as-built plans
shall include but are not limited to sanitary and storm sewers, manholes,
invert grades, bench marks, location of sanitary sewer laterals, water
service lines, street inlets, hydrant valves, and grades for any drainage
swales on the lots. These as-built plans shall be dated and sealed
by the registered professional engineer responsible for inspecting
the construction of the new subdivision.
The distance as measured along a street between intersecting
streets from center line to center line, and where the context requires,
it also means the enclosed area within the perimeter of the streets
or property lines enclosing it.
A line within a lot or other parcel of land, so designated
on the preliminary plan indicating the closest point to a property
line a structure could be built.
An official letter of notification written by the Chairman
of the Planning Commission to the subdivider advising him of the review,
approval or disapproval, with an itemized statement of the deficiencies
if disapproved, of his subdividing the area indicated on the location
map.
The portion of the Williamsville Comprehensive Plan providing
and planning for the present and future street system of Williamsville
and environs.
A street that serves as a connection between a thoroughfare
and several minor residential, industrial or commercial streets. The
term includes the principal entrance streets of a residential development
and principal circulating streets within such a development.
A minor street with only one outlet.
A permanent type pavement edging.
(See "cul-de-sac.")
A natural watercourse or indenture for the drainage of surface
waters.
A grant by a property owner of the specific use of said land
to the public generally or to a person or persons.
The engineering drawing of a subdivision prepared in the
manner and containing the data, documents and information required
by Article IV of this chapter.
Those land areas subject to inundation by the base one-hundred-year
flood. Floodplain areas are generally identified on the Sangamon County
Flood Insurance Rate Maps dated August 2, 2007.[1]
The penciled or rough drawing showing approximate street
and lot layout superimposed upon a contour map of the proposed subdivision
or greater area as suggested by § 263-5 of this chapter.
A street bordering one or more property lines of a tract
of land in which the subdivider has allocated but part of the ultimate
right-of-way width in accordance with the requirements as set forth
in Article III of this chapter.
The Director of the Sangamon County Department of Public
Health or his authorized representative.
The tract of land within a subdivision marked by the subdivider
as a numbered or otherwise identifiable tract of land to be offered
as a unit for sale or transfer of ownership or for building development.[2]
A lot at the end of a block and located between two corner
lots.
A lot which has a pair of opposite lot lines along two substantially
parallel streets and which is not a corner lot.
A minor street which is parallel and adjacent to a thoroughfare
and which provides access from the thoroughfare to abutting property
and protection from through traffic.
A street of relatively short length and limited continuity
that provides direct access to a limited number of abutting residential
properties and for the local needs of a neighborhood and is designed
to discourage its use by through traffic.
The composite of the functional and geographic elements of
the Comprehensive Village Plan or any segment thereof in the form
of plans, maps, charts and textual materials adopted by the Williamsville
Village Board of Trustees.
Any individual, firm, association, partnership, trust, corporation
or any other legal entity having sufficient proprietary interest in
the land sought to be subdivided to commence and maintain proceedings
to subdivide the same under this chapter.
A public right-of-way across or within a block designed primarily
for use by pedestrian traffic.
Any individual, firm, association, partnership, trust, corporation
or any other legal entity.
The Williamsville Planning Commission.
The Chairman of the Village of Williamsville Planning Commission.
The tentative map, drawing or chart of a proposed subdivision
or greater area prepared in the manner and containing the data, documents
and information required by Article II of this chapter.
A conference between the subdivider or his representative
and the Planning Commission Chairman and/or the Commission as a whole
regarding the suitability of the area for development in light of
any Village plans or in light of any geographic, social or physical
limiting circumstances.
An undedicated street which is privately owned and maintained.
Contracts entered into between private parties that constitute
a restriction on the use of all private property within a subdivision
for the benefit of property owners and to provide mutual protection
against undesirable aspects of development, which would tend to impair
the stability of property values.
(See "pedestrianway.")
Any sanitary sewer, storm sewer, drainage ditch, water main,
roadway, parkway, sidewalk, pedestrianway, planting strip, off-street
parking area, or other facility for which the Village of Williamsville
or Williams Road District may ultimately assume the responsibility
for maintenance and operation.
A constructed conduit for the carrying of sewage, other than
stormwaters, to a sewage treatment plant.
A constructed conduit for carrying stormwaters to a drainagecourse.
(See "subdivision of land.")
The guides, principles and specifications for the preparation
of subdivision plans indicating, among other things, the maximum and
minimum dimensions of the various elements set forth in the preliminary
plan.
The division of land or a tract of land into two or more
parts, lots or parcels; any division of land when a new street is
involved for the purpose of sale, transfer of ownership or building
development. The term "subdivision" includes resubdivision and the
division of a lot or parcel any of which is less than five acres in
area.
A major or secondary street or road, which is a public right-of-way
with a high degree of continuity that serves as an arterial street
or road to the various districts of the Village of Williamsville,
as designated by the Comprehensive Plan.
A land survey, made by an Illinois licensed professional
land surveyor, for a division of land, which meets the subdivision
exemptions of § 263-3.
The Village of Williamsville Board of Trustees.
The Village Clerk of the Village of Williamsville, Illinois.
For purposes of these regulations, a document shall be deemed filed
with the Village Clerk when filed at the Village Hall with a Village
employee during regular business hours.
The professional engineer appointed or designated by the
Village Board of Trustees.
A.
Developers are required to file all documents requiring Planning
Commission action with the Village Clerk and if a fee is required,
the fee shall be paid at the time of filing. After said documents
are filed with the Village Clerk, the Clerk shall notify the Planning
Commission Chairman. The Chairman shall then schedule a meeting to
discuss the proposal. The Commission members shall be given at least
one week's notice prior to the scheduled meeting.
B.
Prior to subdividing any land into lots and blocks (with the exceptions
noted in § 263-4, Definitions, definition of "subdivision")
an owner or subdivider shall follow the procedure noted below:
(1)
Pre-plan conference.
(a)
Before a preliminary plan is prepared, the subdivider or his
representative shall confer with the Williamsville Planning Commission
to discuss the proposed subdivision and receive advice in the form
of a certificate of review concerning:
(2)
Preliminary plan to be approved.
(a)
Within 12 months of the receipt of the above noted-certificate
of review, the subdivider shall file with the Village Clerk 12 prints
of a preliminary plan as called for in Article III for review by the
Village officials and he/she shall also pay the required filing fee.
(b)
In the event that the subdivision plan involves special problems
or is in conflict with the Planning Commission's proposals, the Chairman
of the Planning Commission shall notify the owner or subdivider as
to the time and place of the Planning Commission's meeting, at which
time he will be afforded an opportunity of being heard. The Planning
Commission shall then approve or disapprove the preliminary plan at
its next regular meeting, but in any case within 90 days from the
date of the application or the filing by the applicant of the last
item of required supporting data, whichever date is later, unless
such time is extended by mutual consent; provided however, that if
the preliminary plan does not conform to the requirements set forth,
the Planning Commission may request the subdivider to make such changes
as may be necessary. If such plat is disapproved, then within said
90 days the Plan Commission shall furnish to applicant in writing
a statement setting forth the reason for disapproval and specifying
with particularity the aspects in which the proposed plat fails to
conform to the ordinances, including official map. If such plat is
approved, the corporate authority shall accept or reject said plat
within 30 days after its next regular stated meeting following the
action of the Planning Commission. Upon approval of the preliminary
plan, the notice of approval of preliminary plan, signed by the Planning
Commission Chairman, shall be placed upon two copies thereof, one
approved copy to be returned to the subdivider within 30 days following
the Planning Commission action, with the other to be retained by the
Planning Commission.[1]
(3)
Approval of final plat.
(a)
Within 12 months after the approval of the preliminary plan,
the final plat shall be submitted to the Planning Commission for its
recommendation and review. The Planning Commission shall then approve
or disapprove the final plat. The subdivider shall submit the original
tracing and 12 prints of the final plat to the Village Clerk, which
plat must retain the overall characteristics of the preliminary plan;
and the subdivider shall install the required improvements or furnish
a completion bond assuring installation of the same prior to final
plat approval, as provided in Article VIII.
(b)
Where less than the entire land area shown on the preliminary
plan is to be filed for record, such recordation shall automatically
extend the approval of the unrecorded balance of the preliminary plan
for one successive twelve-month period. Subsequently, an extension
of time may be granted annually by the Planning Commission upon written
request to continue approval of the unrecorded balance of the original
preliminary plan. Otherwise, the plan submitted shall be considered
a new preliminary plan.
(c)
No plat shall be recorded in the office of the Recorder of Deeds
of Sangamon County, Illinois, unless and until approval by the Williamsville
Board of Trustees has been endorsed thereon by the President of the
Board of Trustees and the Village Clerk, and no lot shall be sold
from such plat unless and until the plat is endorsed by said Village
President and filed for record in the office of the Recorder of Deeds
of Sangamon County, Illinois.
(d)
After the Village Board of Trustees approves the final plat,
the owner/subdivider shall present the final plat for recording to
the Recorder of Deeds within 12 months after approval. Any plat that
is not so filed within the period shall not be recorded without reapproval
by the Village Board of Trustees.
