Prior to the submission of a preliminary plan as required by § 317-21 of this chapter, or a final plat if the subdivider is exempted from the filing of a preliminary plan, the subdivider or owner of a proposed subdivision shall prepare a concept plan of the proposed subdivision and present 12 copies of the plan to the Director of Building and Zoning for the purpose of initial review and comment. It will be the responsibility of the Director of Building and Zoning to distribute these plans to the Subdivision Review Committee, comprised of the Director of Building and Zoning, the County Engineer, the Director of Environmental Health, the County Planner, the Director of Regional Planning, the Township Road Commissioner, the Soil and Water Conservation District and other affected entities. The Director of Building and Zoning shall then set a date and time for a preapplication conference with the subdividers or owners and representatives of the Subdivision Review Committee as may wish to attend. The purpose of this conference will be to provide the subdivider or owner with the comments from the various departments so that the plan may be refined and presented as a preliminary plan in the form required by § 317-21 of this chapter. Staff may waive the pre-design requirement if it is deemed unnecessary.
Before subdividing any tract or parcel of land in the unincorporated
areas of McLean County, the owner or subdivider shall prepare and
submit a preliminary plan to be acted upon by the County Board in
accordance with the laws of the State of Illinois and the following
preliminary plan submission procedures.
A.
Submission. The owner or developer shall submit to the Director of Building and Zoning, for review and comment, 10 paper copies of a preliminary plan providing all information and in the form required by § 317-31.
B.
Filing fee. The owner or subdivider shall provide to the Director
of Building and Zoning an application for approval of a preliminary
plan accompanied by a filing fee, payable to the Treasurer of McLean
County, in an amount determined from the schedule provided in the
McLean County Fee Ordinance. In addition to the filing fee, the owner
or developer shall pay to the Department of Building and Zoning the
cost to publish the notice of public hearing for the preliminary plan.
The notice shall be published in a daily newspaper of general circulation
within the County, said cost to be paid prior to the hearing. Failure
to pay this cost prior to the hearing shall result in the cancellation
of the hearing.
[Amended 1-20-2015]
C.
Scheduling and notification of public hearing. Upon receipt of such
application, 10 copies of a corrected and amended preliminary plan
and the required filing fee, the Director of Building and Zoning,
on behalf of the Committee, shall set a date for a public hearing;
said public hearing shall be scheduled no less than 45 days after
the filing of the preliminary plan and shall be advertised at least
15 days but no more than 30 days before the date of the public hearing.
Said notice shall contain:
(1)
The name of the proposed subdivision or planned unit development,
its commonly known location and legal description;
(2)
A statement of what the application is requesting the County Board
to approve;
(3)
A statement of where copies of the application, the preliminary plan
or preliminary development plan and all other supporting documentation
can be inspected by the public;
(4)
A statement that all interested persons have the right to appear
at the public hearing on such preliminary plan and present evidence;
and
(5)
The date, time and location of the public hearing.
D.
Distribution of the preliminary plan for review. The Director of
Building and Zoning shall distribute copies of the preliminary plan
to the appropriate agencies.
E.
Staff review and comment. McLean County staff and other departments
and agencies as may be required shall review such preliminary plan
and shall submit their recommendations for approval, modification,
or disapproval of said plan to the Director of Building and Zoning.
The Director shall submit a written copy of these recommendations
to the subdivider for his review. The subdivider shall have the opportunity
to make any changes recommended by the reviewers before the plan is
forwarded to the Committee. Should the owner choose not to make the
recommended changes, the Director shall present a written report containing
the staff recommendations for approval, modification, or disapproval
to the Committee for its consideration.
F.
Public hearing and recommendation. The Committee shall conduct a public hearing on the preliminary plan during which it shall determine the extent to which said plan conforms with the standards of this chapter. Said public hearing shall be held in compliance with the public notice requirements as cited in Subsection C of this section. The Committee shall, not later than 60 days after adjournment of the public hearing, transmit its recommendation on the preliminary plan to the County Board. The Committee may recommend approval of a preliminary plan, denial of a preliminary plan, or recommend approval conditioned upon the making of one or more changes on the preliminary plan, with such changes enumerated in the Committee's recommendation. Once the Committee has acted upon the preliminary plan, its recommendation shall be transmitted in writing to the County Board. If the Committee recommends disapproval of the plan, it shall furnish the County Board and the subdivider with a written statement setting forth the specific reason or reasons that the plan fails to meet the requirements of this chapter or does not comply with any land use plans and development guides adopted by the County Board.
G.
County Board approval or rejection. Within 65 days after its first regular meeting following receipt of the written recommendation from the Committee regarding the proposed preliminary plan, the County Board shall approve or reject such preliminary plan. Upon approval of the preliminary plan by the County Board, the owner or developer shall provide to the Director of Building and Zoning two reproducible Mylars and 10 paper copies of the approved preliminary plan; the Director shall cause the signatures required on the notice of approval as provided by § 317-31C of this chapter to be affixed thereon. The Director of Building and Zoning shall then distribute the copies of the approved preliminary plan with such signatures affixed to the appropriate agencies. Failure of the County Board or its committee to act within the time frames designated in Subsections F and G above shall constitute a denial of the proposed preliminary plan.
H.
Extension of time periods by mutual consent. Time periods for review
by the Committee and/or by the County Board may be extended by mutual
consent of the owner or subdivider and the Committee and/or County
Board. 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 their
approval, except:
Before subdividing any land subject to the requirements of this
chapter, an owner or developer shall comply with the following public
improvement plan and specification submission, review and approval
procedure:
A.
Prerequisites: approval and continuing validity of a preliminary
subdivision plan.
B.
Submission. The owner or developer shall submit engineering plans and specifications, as required in the Manual, for all public improvements proposed in or necessary to serve lots depicted in an approved preliminary plan or portion thereof. Such plans and specifications shall be in the form and include the content required by § 317-32 of this chapter.
C.
Review and approval.
(1)
The public improvement plans and specifications shall be reviewed
and approved by the County Engineer.
(2)
The County 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 County's public improvement design
standards and accepted engineering practice and to demonstrate that
the proposed manner of construction and installation will meet or
exceed all County public improvement construction standards as outlined
in the Manual of Practice.
(3)
The public improvement plans and specifications which meet or exceed
the County subdivision, public improvement design standards and otherwise
demonstrate good and acceptable engineering design and practice shall
be approved by the County Engineer. Any public water system shall
be approved by either the McLean County Health Department or any governmental
body or agency with the authority to regulate such installations.
(4)
Approval or disapproval by any reviewing authority 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 in a 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:
(a)
Approval and continuing validity of an approved preliminary
plan;
(b)
Approval of public improvement engineering plans and specifications
for any and all public improvements which are to be installed or the
installation of which is to be commenced prior to the approval of
a final plat; and
(c)
A public improvement bond and surety.
B.
Inspection. During installation of public improvements, either before
or after final plat approval, the owner or developer shall comply
with the requirements of Section 1.15 of the Manual of Practice for
the Design of Public Improvements in McLean County, by which the County
Engineer or his designated representative shall make periodic inspections.
The developer shall be responsible for notifying the County Engineer
before any work is performed. Failure to comply during installation
or to maintain such installations in a manner that permits inspection
shall constitute grounds for rejecting or revoking preliminary 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 County for review of public improvement plans and specifications as required by § 317-22 of this chapter and the inspection and testing of public improvements as required by § 317-23 of this chapter shall be paid by the owner or developer. Such cost shall be equal to the actual cost incurred by the County in labor, materials, transportation and overhead for such review, inspection and testing as calculated by the County Engineer. At the time such plans and specifications are filed with the County Engineer, the owner or developer shall pay to the County a fee of 2% of the costs of such required land improvements as estimated by the County Engineer. Said fee shall be applied as credit against the actual costs incurred by the County for review of such plans and the inspection and testing of such improvements. The balance of the actual costs for said inspection and testing shall be paid to the County before acceptance of the improvements. All land improvements to be installed under the provisions of this chapter shall be inspected by the County during the course of construction.
D.
Grading plans record drawings. The owner or developer shall submit
to the County Engineer for approval a record drawing of the grading
plan which is required by Section 1.05-b of the Manual. The record
drawings submitted shall be one clear and legible transparent Mylar
and one contact print of the approved grading plan and shall also
depict the actual ground surface elevations on all lot corners and
building paths in addition to the proposed elevations on the 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
unless exempted from the requirement for a preliminary 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 fees prior to recording;
(4)
The posting of any required final plat performance and workmanship
bond and surety[1] prior to recording the final plat. Making any required
public land dedications or cash contribution in lieu thereof and obtaining
and filing with the County of any off-site easements or right-of-way
for public improvements serving the site; and
(5)
Approval of the plat, in writing, by the Illinois Department of Transportation
with respect to roadway access where such access is to a state highway
or by the relevant local highway authority with respect to all other
roadway access and by the McLean County Health Department or any other
agency with respect to water supply or wastewater disposal systems.
B.
Submission.
(1)
The owner or developer shall submit to the Director of Building and Zoning 10 paper copies of a final plat, in a form and providing all the information, data and supporting material required by § 317-32 of this chapter and retaining the design characteristics of the approved preliminary plan and approved public improvement engineering plans and specifications.
(2)
The subdivider shall pay to the Director of Building and Zoning a
filing fee, payable to the Treasurer of McLean County, in an amount
determined in the McLean County Fee Ordinance.
[Amended 1-20-2015]
C.
Distribution of final plat for review and comment. The Director of
Building and Zoning shall distribute copies of the final plat to the
appropriate agencies for review and comment.
D.
Staff review, referral and recommendation. If, upon review of the
final plat by the Director of Building and Zoning and other members
of the staff, it is determined that the final plat substantially conforms
with the approved preliminary plan and public improvement plans and
specifications and if the supporting material meets all ordinance
requirements, then the Plat Officer may approve the final plat, subsequent
to the posting of the performance and workmanship bond, surety and
related documents. If the final plat does not in some way substantially
conform to the approved preliminary plan or if the supporting material
does not conform to all ordinance requirements, then the final plat
shall be sent to the Committee for review. The Committee shall then
review the final plat and recommend to the County Board either approval
with conditions or disapproval. After final approval of the final
plat, the developer shall provide to the Director of Building and
Zoning one reproducible Mylar, one electronic data file as required
by the Manual and 10 paper copies.
E.
Recording. Within 45 days from the date of adoption of an ordinance
approving the final plat, or within 45 days of the date on which the
last of the prerequisites or conditions of an ordinance are met, whichever
is later, the Director of Building and Zoning shall cause to be recorded
a copy of the final plat, a certified copy of the approval of the
final plat, and any supporting certificates necessary to accomplish
the recording in the office of the County Recorder, the cost of which
shall be paid by the developer.
[Amended 2-17-2015]
F.
Expedited final plat submission, review and approval procedure for
subdivisions with three lots or less. Notwithstanding the sequential
procedure for subdivision plan submission, review and approval specified
elsewhere in this chapter, an owner or developer meeting the prerequisites
specified in this subsection may utilize the expedited final plat
process described herein.
(2)
Submission. Any person desiring to utilize the expedited final plat
procedure shall submit the following to the Director of Building and
Zoning:
(a)
A written request to waive the preliminary plan and construction
drawing, submission, review, and approval procedures.
(b)
Eight copies of the final plat in a form providing all information, data and supporting material required by § 317-33.
(c)
A filing fee in an amount outlined in the McLean County Fee
Ordinance.
(3)
Distribution of final plat for review and comment. The Director of
Building and Zoning shall route one or more copies of the final plat
to the staff members for review and comment. One copy of the final
plat shall be provided to each member of the Committee prior to his
or her consideration of the plat.
(4)
Within 45 days from the submission of a final plat under this expedited
review and procedure, the Committee shall review the submission to
determine the extent to which it conforms to the requirements of this
chapter. If the material meets all ordinance requirements, then the
Committee shall recommend approval to the County Board at the next
scheduled County Board meeting. The County Board may approve such
plats, subject to the posting of any payments or dedications required
by this chapter. If the final plat in some way does not conform to
all ordinance requirements, then the County Board may take one of
the following actions:
(5)
Conformance with other requirements. Except as otherwise 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.
Prior to approval of a planned unit development, the developer
shall provide four sets of final development plans to the Director
of Building and Zoning. These plans shall conform as closely as possible
to the requirements of this chapter except that, with the recommendation
of staff and approval of the County Board, certain design features
unique to the site may be allowed.
Prior to the approval of a final plat, the owner or developer shall present to the Director of Building and Zoning a final plat improvement payment, performance and workmanship bond with appropriate evidence of security in the manner, amount and form described in § 317-35 of this chapter.
After installation, completion, inspection, testing and receipt
of engineering approval, but before final 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 Section 1.16 of the Manual.
A.
After the completion of the required improvements, the developer
shall submit in writing a request for final inspection along with
the record drawings and proof of payment of all bills. At this time,
a representative of the County Engineer and the Township Road Commissioner
shall make a final inspection of the required improvements. If all
improvements are found to be in compliance with the standards of this
chapter, the County may recommend acceptance. Should any items not
be in compliance with this chapter, a final punch list shall be made
and those items corrected before acceptance.
B.
Should the Township Highway Commissioner not accept the improvements,
the owner or developer may then appeal as provided in 605 ILCS 5/6-325.
C.
Upon the finding that all improvements are in compliance with this
chapter and the County recommends acceptance and the roads are accepted
into the township system, the homeowners' association shall assume
responsibility for all public improvements not related to the public
streets.
Two years after the date on which the improvements were accepted
for maintenance, unless a material or workmanship claim is submitted
and after a final inspection of the improvements, the County Engineer
shall release the surety instrument and the performance and workmanship
bond will expire.
