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.
ALLEY
A public way used primarily as a service access to the rear
or side of a property, which abuts on a street.
AS-BUILT PLANS
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.
BLOCK
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.
BUILDING SETBACK LINE
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.
CERTIFICATE OF REVIEW
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.
COLLECTOR STREET
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.
DRAINAGECOURSE
A natural watercourse or indenture for the drainage of surface
waters.
EASEMENT
A grant by a property owner of the specific use of said land
to the public generally or to a person or persons.
FINAL PLAT
The engineering drawing of a subdivision prepared in the
manner and containing the data, documents and information required
by Article
IV of this chapter.
FLOODPLAIN
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.
FREE-HAND SKETCH
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.
HALF STREET
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.
HEALTH OFFICER
The Director of the Sangamon County Department of Public
Health or his authorized representative.
LOT
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.
LOT, BUTT
A lot at the end of a block and located between two corner
lots.
LOT, DOUBLE-FRONTAGE
A lot which has a pair of opposite lot lines along two substantially
parallel streets and which is not a corner lot.
MARGINAL ACCESS STREET
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.
MINOR RESIDENTIAL STREET
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.
OFFICIAL PLAN
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.
OWNER
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.
PERSON
Any individual, firm, association, partnership, trust, corporation
or any other legal entity.
PLAT OFFICER
The Chairman of the Village of Williamsville Planning Commission.
PRELIMINARY PLAN
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.
PRE-PLAN CONFERENCE
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.
PRIVATE STREET
An undedicated street which is privately owned and maintained.
PROTECTIVE COVENANTS
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.
PUBLIC IMPROVEMENT
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.
SANITARY SEWER
A constructed conduit for the carrying of sewage, other than
stormwaters, to a sewage treatment plant.
STORM SEWER
A constructed conduit for carrying stormwaters to a drainagecourse.
SUBDIVISION DESIGN STANDARDS
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.
SUBDIVISION OF LAND
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.
THOROUGHFARE
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.
TRACT SURVEY
A land survey, made by an Illinois licensed professional
land surveyor, for a division of land, which meets the subdivision
exemptions of §
263-3.
VILLAGE CLERK
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.
VILLAGE ENGINEER
The professional engineer appointed or designated by the
Village Board of Trustees.