The owner or developer shall schedule one or more preapplication conferences with the representatives of the City Council, Planning Commission, school district administrative staff when determined appropriate, City staff, and City Clerk for the purpose of reviewing development proposals, concept plans and comparable preliminary data by making a request for a preapplication conference to the City Clerk. The purpose of a preapplication conference is to review material which is in a preliminary conceptual form and which may, after review and comment, be then refined by the owner or developer into a preliminary subdivision or planned unit development preliminary development plan. Thereafter, the City may furnish the applicant with written comments regarding the proposed subdivision; said communication may also include the City's recommendation with respect to whether land shall be dedicated and/or a cash contribution shall be made by the developer to satisfy the public land dedication requirements as contained in Article VI. The preapplication conference may be waived by mutual agreement between the City and the owner or developer.
Before subdividing any land subject to requirements
of this chapter, the owner or developer shall comply with the following:
A.
Submission. The owner or developer shall submit to the City Clerk 10 paper copies of a preliminary plan in the form and providing all information required by § 195-31.
B.
C.
Scheduling and notification of public hearing.
(1)
Upon receipt of a preliminary plan and the required
filing fee, the City Clerk shall refer 10 copies of the preliminary
plan to the Planning Commission, at least 10 days in advance of the
next meeting of the Planning Commission.
(2)
The Planning Commission shall schedule and give notice
of a legislative public hearing before the Planning Commission. Such
notice shall be published, posted or delivered and in such form as
prescribed by the City Attorney, and the expense of any publication
shall be borne by the subdivider. The legislative public hearing shall
be scheduled not later than at the first regularly scheduled Planning
Commission meeting occurring more than 30 days after the filing date
of the preliminary plan.
(3)
The Planning Commission's notice shall contain:
(a)
The name of the proposed subdivision or planned
unit development, its commonly known location and legal description;
(b)
A statement of what the application is requesting
the Planning Commission to approve;
(c)
A statement of where copies of the application,
the preliminary subdivision or preliminary development plan and all
other supporting documentation can be inspected by the public;
(d)
A statement that all interested persons have
the right to appear at the public hearing on such preliminary subdivision
or preliminary development plan and present evidence; and
(e)
The date, time and location of the public hearing.
(4)
The Planning Commission shall notify the owner or
developer of the proposed subdivision or planned unit development
as to the time and place of the public hearing thereon at least seven
days prior to the date of the hearing.
D.
Distribution of preliminary plan for review and comment.
The City Clerk shall route one or more copies of the preliminary plan
to City staff members for review and comment. One copy of the plan
shall be provided to each member of the Planning Commission and each
member of the City Council prior to their respective consideration
and review of the plan.
E.
Administrative review and comment. The City staff
shall review such preliminary plan and shall submit its written recommendations
for approval, modification, or disapproval of said plan to the Planning
Commission for its consideration at the public hearing on such preliminary
plan application. The City staff shall also send the owner or developer
of the subdivision or planned unit development a copy of the written
report prior to the hearing.
F.
Legislative public hearing and recommendation. The
Planning Commission shall conduct a legislative public hearing on
the preliminary plan during which it shall determine the extent to
which the plan conforms or fails to conform with the standards of
this chapter and shall, not later than 90 days after the adjournment
of the legislative public hearing, with mutual consent for extensions
and with approval, transmit its recommendation on the plan to the
City Council. The Planning Commission may recommend approval of a
preliminary plan with an approval recommendation conditioned upon
the making of one or more changes in the proposal, which such changes
shall be enumerated in the Planning Commission's transmittal to the
City Council, or may transmit the plan to the City Council without
recommendation. Should the Planning Commission fail to act within
the 90 days from the adjournment of the public hearing, or fail to
adjourn the public hearing within 120 days of its commencement, the
plan shall be submitted to the City Council without recommendation.
G.
City Council approval or rejection of a proposed preliminary
plan.
(1)
Within 30 days after receipt of the Planning Commission's
recommendation or within 180 days from the filing date of the preliminary
plan with prior Commission approval, whichever occurs first, the City
Council shall approve or reject the proposed preliminary plan. Failure
of the City Council to act within the prescribed time period shall
constitute approval of the preliminary plan.
(2)
Upon approval of the preliminary plan by the City
Council, the Council shall indicate approval on the plan. The City
Clerk shall secure from the owner or developer a reproducible Mylar
copy of the approved preliminary plan having a minimum size of 24
inches by 18 inches and shall cause the signatures required on the
notice of approval as provided by this section to be affixed thereon.
The City Clerk shall then cause five copies of the approved preliminary
plan with such signatures affixed thereon to be distributed by the
City Clerk as follows:[2]
(a)
One print shall be sent to the City of Lexington
Planning Commission;
(b)
One print shall be sent to the City Engineer;
(c)
One print shall be sent to the City Clerk for
filing;
(d)
One print shall be returned to the subdivider;
and
(e)
One print shall be sent to McLean County Building
and Zoning.
(3)
Upon disapproval of the preliminary plan by the City
Council, the Council shall furnish the applicant a written statement
setting forth the reason for disapproval and specifying with particularity
the aspects in which the proposed plan fails to conform to this chapter.
H.
Extension of time periods by mutual consent. Time
periods for review by the City Council may be extended by mutual consent
of the owner or developer and the City Council. Any such extension
shall stay the running of all subsequent time periods.
I.
Extension of preliminary plans. Approved preliminary
plans or portions thereof on which no final plat has been submitted
for review and approval shall expire and be of no force or effect
three years after this approval, except:
Before subdividing any land subject to the requirements
of this chapter, an owner or developer shall comply with the following:
A.
Prerequisites: approval and continuing validity of
a preliminary subdivision plan.
B.
Submission. The owner or developer shall submit two sets of engineering plans and specifications for all public improvements proposed in or necessary to serve lots depicted in an approved preliminary plan or portion thereof, which plans and specifications shall be in the form and include the content required by § 195-32. Such plans shall be in compliance with the preliminary plan.
C.
Review and approval.
(1)
The public improvement plans and specifications shall
be reviewed and approved or disapproved by the City Engineer.
(2)
The City Engineer will require the owner or developer to submit all data, plans, specifications and additional materials as may be necessary to completely and accurately determine the extent of compliance or noncompliance with the City's public improvement design standards outlined in Article VII and accepted engineering practice and to demonstrate that the proposed manner of construction and installation will meet or exceed all the City's public improvement construction standards as outlined in Article VII.
(3)
The public improvement plans and specifications, whether
they meet or exceed the City subdivision, public improvement design
standards and otherwise demonstrate good and acceptable engineering
design and practice, shall be approved by the City Engineer.
(4)
Approval or disapproval by the City Engineer shall
be in writing and shall make reference to the public improvement plans
and specifications.
The owner or developer of property desiring
to install public improvements in an area depicted on a proposed or
approved preliminary plan or approved or proposed final subdivision
plat shall perform such installation in accordance with the following
procedure:
A.
Prerequisites to installation.
(1)
For installations before final plat approval:
(2)
For installation after final plat approval:
(a)
Approval of a final plat.
(b)
Posting of a final plat, public improvement payment, performance and workmanship bond and security therefor, in the amount and form specified in § 195-35 for all public improvements depicted in, adjacent to or necessary to serve lots or outlots depicted in an area for which final plat approval has been obtained.
B.
Inspection. During installation of public improvements, either before or after final plat approval, the owner or developer shall comply with the requirements of the City's public improvement construction standards as outlined in Article VII by which the City Engineer or his designate shall make periodic inspections. Failure to comply and install or maintain such installations in a manner that permits inspection shall constitute grounds for rejecting or revoking preliminary plan or final plat approval, forfeiting pledged security and, in addition, shall constitute a violation of this chapter.
C.
Plan review, inspection, and testing fee. The cost incurred by the City for review of a public improvement plan and specifications as required by § 195-21 of this chapter and the inspection and testing of public improvements as required by this section shall be paid by the owner or developer. Such cost shall be equal to the actual cost incurred by the City in labor, materials, transportation and overhead for such review, inspection and testing as calculated by the City Engineer. At the time such plans and specifications are filed with the City Engineer, the owner or developer shall pay to the City a fee of 2% of the costs as estimated by the City Engineer of such required land improvements. Said fee shall be applied as credit against the actual costs incurred by the City or City Engineer for review of such plans and the inspection and testing of such improvements. The balance of the actual costs shall be paid to the City by the owner or developer at the time such review and inspection has been completed by the City or City Engineer. All land improvements to be installed under the provisions of this chapter shall be inspected by the City or City Engineer during the course of construction.
D.
Grading plan record drawings. The owner or developer shall submit to the City Engineer for approval, prior to issuance of a building permit or prior to the installation of any utilities serving a proposed lot of record, whichever is earlier, a record drawing of the grading plan which is required by the City's public improvement construction standards located in Article VII. The record drawings submitted shall be one clear and legible transparent Mylar and one photostatic print of the approved grading plan and shall also depict the actual ground surface elevations on all lot corners and building pads in addition to the proposed elevations on the approved grading plan.
Before subdividing any land, subject to the
requirements of this chapter, an owner or developer shall comply with
the following final plat submission, review and approval procedure:
A.
Prerequisites.
(1)
Approval and continuing validity of a preliminary
subdivision plan;
(2)
Approval of the public improvement plans and specifications
proposed in, adjacent to or necessary to serve lots or outlots depicted
in the area for which final plat approval is sought;
(3)
Payment of any and all applicable tap-on and streetlight
fees prior to recording the final plat;
(4)
Prior to recording the final plat, the posting of
any required final plat public improvement payment, performance and
workmanship bond; filing and establishment of any required adjacent
street substandard roadway improvement guarantees and security; making
of any required public land dedications or cash contribution in lieu
thereof and obtaining and filing with the City of any off-site easements
or rights-of-way for public improvements serving the site; and
B.
Submission. The owner or developer shall submit to the City Clerk two transparent Mylars, one digital computer-aided drafting file on disk, and 15 copies of a final plat, in a form and providing all the information, data and supporting material required by § 195-33 and retaining the design characteristics of the approved preliminary plan and public improvement engineering plans and specifications.
C.
Distribution of final plat for review and comment.
The City Clerk shall route one or more copies of the final plat to
City staff members for review and comment. One copy of the final plat
shall be provided to each member of the City Council prior to the
consideration of the plan.
D.
City Council review, referral and approval or disapproval.
Within 60 days from the submission of a final plat and supporting
material, the City Council shall review the final plat to determine
the extent to which it conforms with the approved preliminary plan
and approved public improvement plans and specifications and shall
further review the supporting material to determine its conformance
with the requirements of this chapter. If the final plat substantially
conforms with the approved preliminary plan and public improvement
plans and specifications and if the supporting material meets all
code requirements, then the City Council shall approve the final plat
by resolution within 60 days from the date of its review. The City
Council may approve such plats subject to the subsequent posting of
final plat payment, performance and workmanship bond; adjacent substandard
roadway improvement guarantee, and related security documents and
reserves. If the final plat does not in some way substantially conform
with the approved preliminary plan or if the supporting material does
not conform with all code requirements, then the City Council, within
60 days from the date of its review, shall take one of the following
actions:
(1)
By resolution, approve the final plat;
(2)
By resolution, approve the final plat with conditions;
(3)
By resolution, disapprove the final plat;
(4)
Refer the final plat to the Planning Commission for
legislative public hearing, at which time and place the Planning Commission
shall determine the extent to which the (revised) final plat conforms
or fails to conform with the standards of this chapter. The Planning
Commission shall, not later than 90 days after the adjournment of
the legislative public hearing, transmit its recommendation on the
(revised) final plat to the City Council. Within 60 days from the
receipt of the Planning Commission's recommendation with respect to
the (revised) final plat, the City Council shall, by resolution, approve,
approve with conditions or disapprove the plat.[2]
E.
Recording. Within 14 days from the date of adoption
of a resolution approving the final plat, or within 14 days from the
date on which the last event referred to this chapter or characterized
in the resolution as a prerequisite to recording of the final plat
occurs, whichever is later, the City Clerk shall record a copy of
the final plat, a certified copy of the resolution approving the final
plat, and any supporting certificates necessary to accomplish the
recording in the office of the Recorder of Deeds of McLean County.
If such final plat is not recorded within 90 days of City Council
approval, such plat shall become null and void.
F.
Expedited final plat submission, review and approval
procedure for subdivisions with three or fewer lots. Notwithstanding
the sequential procedure for subdivision plan submission, review and
approval specified elsewhere in this article, an owner or developer
meeting the prerequisites specified in this subsection may utilize
the expedited final plat process described herein:
(1)
Prerequisites.
(a)
The plat depicts a total of not more than three
lots and outlots.
(b)
The plat includes all contiguous property in
common ownership or unified control.
(c)
The proposed subdivision shall not necessitate
the construction or installation of public improvements.
(d)
No waivers of this chapter are requested.
(2)
Submission. Any person desiring to utilize the expedited
final plat procedure shall submit the following to the City Clerk:
(a)
A written request to waive the preliminary plan,
submission, review, and approval procedure.
(b)
Three copies of a utility plan and floodplain
map. The utility plan shall show all information of existing and proposed
utilities as required for a preliminary plan. The floodplain map will
outline the area in the flood hazard area.
(3)
Distribution of final plat for review and comment.
The City Clerk shall route one or more copies of the final plat to
the City staff members for review and comment. One copy of the final
plat shall be provided to each member of the City Council prior to
its consideration of the plan.
(4)
City Council review, referral and approval or disapproval.
Within 30 days from the submission of a final plat under this expedited
review and procedure, the City Council shall review the submission
to determine the extent to which it conforms with the requirements
of this chapter. If the material meets all code requirements, then
the City Council shall approve the final plat by resolution within
60 days from the date of its review. The City Council may approve
such plats, subject to the subsequent payment of any and all applicable
fees and posting of a final plat payment, performance and workmanship
bond; adjacent substandard roadway improvement guarantee, public improvement
engineering plans and specifications and related materials, security
documents and reserves. If the final plat in some way does not conform
with all code requirements, then within 60 days from the date of its
review, the City Council shall take one or more of the following actions:
(a)
By resolution, approve the final plat;
(b)
By resolution, approve the final plat with conditions;
(c)
By resolution, disapprove the final plat;
(d)
Require the submission of a preliminary plan;
(e)
Refer the final plat to the Planning Commission
for legislative public hearing, at which time and place the Planning
Commission shall determine the extent to which the final plat conforms
with the standards of this chapter. The Planning Commission shall,
not later than 90 days after the adjournment of the legislative public
hearing, transmit its recommendation on the final plat to the City
Council. Within 60 days from the receipt of the Planning Commission
recommendation with respect to such final plat, the City Council shall,
by resolution, approve, approve with conditions or disapprove same.[4]
(5)
Conformance with other requirements. Except as provided
in this section, the recording of final plats, the posting of bonds,
the submission of as-built plans and the release of bonds shall be
as provided in this chapter.
Refer to Article V of this chapter.
Either prior to the approval of a final subdivision plat or prior to its recording and within the time framework, if any, specified in the resolution of approval, the owner or developer shall post, secure and file with the City Clerk a final plat public improvement payment, performance and workmanship bond with appropriate evidence of security and file and establish an adjacent substandard roadway improvement guarantee and security in the manner, amount and form described respectively in § 195-35.
After installation, completion, inspection, testing and receipt of engineering approval, but before City acceptance for maintenance of any public improvements within a subdivision, the owner or developer shall submit record drawings of the public improvement plans in the form and with the content required by the City's public improvement construction standards outlined in Article VII.
A.
Completion of all public improvements. After the developer has complied with the requirements of the City's public improvement construction standards outlined in Article VII and within 30 days after the City Engineer's written recommendation for acceptance, the City Council shall, by resolution, accept for maintenance all public improvements within, adjacent to or serving lots or outlots depicted on a final plat.
B.
Completion of all public improvements except sidewalks.
(1)
If the developer has complied with all of the requirements of the City's public improvement construction standards outlined in Article VII except the completion and inspection of an approved sidewalk, then the developer may post a payment, performance, and workmanship guarantee in the manner and form described in § 195-35A guaranteeing the construction of the proposed sidewalk, which guarantee shall be secured by posting a cash escrow with the City of Lexington in the amount determined by the City Engineer. If the guarantee and security is posted for the approved sidewalk, then within 60 days after the City Engineer's written recommendation for acceptance of all public improvements except sidewalks, the City Council shall by resolution accept for maintenance all public improvements except sidewalks within, adjacent to, or serving lots or outlots depicted on a final plat.
(2)
If the developer constructs the approved proposed
sidewalk as guaranteed, then the City shall, upon approval by the
City Engineer, release to the developer the posted cash escrow securing
such sidewalk construction. If the approved proposed sidewalk for
which guarantee and cash escrow has been posted is not constructed
within two years of posting such guarantee and cash escrow, the City
may use the funds in the cash escrow to construct the approved proposed
sidewalk, billing the developer for any deficiency and refunding to
the developer any surplus from the cash escrow account.
A.
Final plat public improvement payment, performance
and workmanship bonds. One year after the date on which a resolution
accepting a final plat for maintenance is adopted, unless a material
or workmanship claim is submitted to the surety company or escrow
agent, the security for final plat public improvement, payment, performance
and workmanship bonds shall expire and may be released upon certification
of satisfactory condition by the City Engineer.
B.
Adjacent substandard roadway improvement guarantees and security. The adjacent substandard roadway improvement guarantee and security shall expire pursuant to § 195-35B unless the City Engineer has earlier certified completion of improvements to adjacent substandard roadways, and the security, plus interest at 7% per annum, may be released without further action by the City Council.
A.
Assessments and exemptions.
(1)
Except as otherwise provided in this chapter, any property which is subdivided after May 1, 2007, in accordance with the provisions of this chapter and is to be served by wastewater and/or water main extensions constructed at the expense of the owner shall, in the case of a connection to the wastewater system, be subject to a wastewater facilities assessment and, in the case of a connection to the water system, be subject to a water facilities assessment as set forth in Chapter 63, Fees. Unless paid in installments as authorized by Subsection B, any such assessment shall be paid prior to the approval of final plans or the execution and delivery of the executed final plat of the subdivision to the owner or subdivider.[1]
(2)
Except as otherwise provided in this chapter, any lot which is annexed to the City after May 1, 2007, or created by subdivision after May 1, 2007, which annexed or subdivided lot will be served by individual service connection to a water main in the case of the water system or a wastewater main in the case of the wastewater system which has already been installed at the expense of any private person other than the owner of the lot or a predecessor in interest to the owner of the lot or the City, or has not enough special assessment as authorized under Article 9 of the Illinois Municipal Code or through prior payment of consideration to the City or through installation of wastewater mains, water mains or other appurtenances directly contributed to the provision of the facilities to which improvements on that lot will be connected shall, in the case of a connection to the water system, be subject to a water facilities assessment and shall, in the case of a connection to the wastewater system, be subject to a wastewater facilities assessment as set forth in Chapter 63, Fees. Unless paid in installments as authorized by Subsection B, any such assessment shall be paid by the applicant and/or owner upon application for the service connection.[2]
(3)
Any person asserting exemption from facilities assessments
because of prior payments or because of installation of water or wastewater
mains at the expense of the owner or a predecessor in interest or
for any other reason shall have the burden of producing written receipts
or other documentary evidence demonstrating to the sole satisfaction
of the City that such exemption is justified.
B.
Installment payment of assessments. Provided that
the City in its sole discretion determines that the security is adequate,
facilities assessments due under the terms of this chapter may be
paid in not more than five equal annual installments of principal
and interest, the first of which shall be due no later than six months
following the date of application for service together with interest
on the principal balance remaining unpaid from time to time at a rate
of not less than 6% per annum. Payments shall be first applied to
unpaid interest and the balance, if any, to unpaid principal. Installment
obligations shall be evidenced by a promissory note secured by a mortgage
on the premises served by the water or wastewater systems as the case
may be. The City may, in its discretion, permit the subordination
of any such mortgage to one or more other mortgages on the premises
served by the water or wastewater systems.
C.
Discretionary waiver of assessments. The City may,
in its sole discretion, reduce or waive facilities assessments under
the following circumstances:
(1)
As an inducement to business enterprises considering
a location in the City; or
(2)
Under circumstances where the property or portion
thereof otherwise subject to a facilities assessment is unbuildable
or is wasteland; or
(3)
Under circumstances where the imposition of a mandated
facilities assessment would be manifestly unjust.
D.
Recovery of costs of extension and other charges.
The fees established in the preceding sections contemplate a tap in
to or extension of existing mains without the necessity of any improvements
by the City. In the event that the City is required to extend or upsize
mains or make other improvements or has previously extended or upsized
mains or made other improvements in order to accommodate a tap-in
or extension, the foregoing provisions of this section shall not preclude
the assessment of additional charges representing a share of the cost
of such improvements which benefit such parcel or parcels as such
cost and share are determined by the City Council.
