(A)
Areas required to be dedicated.
(1)
All new streets created by a subdivision shall be shown and
dedicated on the plat as public streets of the Village.
(2)
Where a subdivision abuts on an existing street and the provisions
of the Village require an additional width of right-of-way, the subdivider
shall dedicate same.
(3)
Pedestrianways bisecting long blocks, or wherever else located,
shall be dedicated to the Village.
(B)
Identification of dedications. Areas to be dedicated shall be clearly
identified and named on the plat, and dedicated to the public.
(A)
Areas to be shown as easements.
(1)
Public utilities, stormwater facilities, and installations shall
be located on suitable easements as specified in this Code.
(2)
Planting strips or other buffer zones located between reverse
frontage lots and a thoroughfare, or between incompatible uses, or
whatever required, shall be shown as easements.
(B)
Identification of easements. Easements shall be clearly identified
on all plats; e.g., "drainage easement," "utility easement," and "planting
strip easement."
(A)
Areas to be reserved. Whenever the area being subdivided embraces
all or part of any lands set aside on the Harristown Official Map
for a street, school, conservation area, other community facility
or any other public use, all land so designated shall be shown on
the tentative plat as being dedicated or reserved for that proposed
use, and it shall be reserved by the subdivider for a period of one
year from the date of approval of the final plat, during which time
it shall be made available for sale to the public agency concerned.
If the sale price cannot be agreed upon, the fair cash market value
of the property may be established by an appraiser acceptable to all
parties. The sale price shall be based on the fair cash market value
of the date of the filing of the first tentative plat.
(B)
Reservations of preliminary plats.
(1)
Areas reserved shall be clearly identified on the preliminary
plat as reserved in accordance with this Code.
(2)
The preliminary plat shall also contain the proposals of the
subdivider, as they might otherwise be platted, for the areas under
reservation, to be applied in the event the land is not acquired by
the public within the period of reservation.
(3)
Upon completion of the one-year period of reservation, the preliminary
plat shall remain a valid preliminary plat for the formerly reserved
areas for a period of one year, subject to restrictions imposed by
this Code.
(C)
Reservations and final plats.
(1)
Where practical, final plats shall not include areas reserved;
said final plats should affect only that portion of the subdivider's
land which is unrestricted by the reservations.
(2)
Where final plats must include areas reserved, such areas shall
be clearly identified as reserved in accordance with this Code and
shall not contain any proposals of the developer.
(3)
Final plats may be submitted for reserved land unacquired by
the public at the close of one year. Such plats will be considered
additional units of the subdivisions for which initial final plats
were recorded.
(D)
Reversion. If the appropriate public agency having jurisdiction has
not, within one year of the approval of the preliminary plat, acquired
the site reserved for a public use by the subdivider, he may use it
in any way for any purpose permitted by the applicable regulation
then in effect.
(A)
Procedure. In all cases the vacation of any plat or part thereof
or any public right-of-way, easement, or part thereof shall follow
the procedure for the review of plats established in this Code except
that:
(B)
Standards.
(1)
No vacation shall be approved which creates a condition which
would not be permitted under the standards of design set forth in
this Code, unless such vacation would at the same time correct a more
serious condition which exists contrary to the standards of this Code.
(2)
No vacation shall be approved which will result in a conflict
with the Official Plan or Official Map unless passed by two-thirds
vote of the Village Board.
(3)
No vacation shall be approved which will result in a violation
of the Village Zoning Code or other applicable Village ordinance or
regulations, unless such violation will at the same time correct a
more serious condition which exists contrary to such ordinances or
regulations.
(C)
Petition form and content. The sketch and preliminary plat of vacation
shall be prepared in accordance with the specifications for plats
and plans where pertinent, except that the preliminary plat of vacation
shall be accompanied by a certified statement of the assessed valuation
of all properties surrounding any public right-of-way to be vacated.
Final petitions for vacation shall include the following items:
(1)
Three copies of the original plat or the applicable part thereof
certified by the Recorder to be a true copy of same, on which is shown
the portion to be vacated outlined in a heavy line and hatched.
(3)
The petition as it is presented to the Village Board shall be
accompanied by a report from the Committee.
(D)
Easements. The vacation of any plat or part thereof or right-of-way
easement or part thereof shall not be deemed to be a vacation of the
rights of any public utility where said public utility has installed
its facilities therein.
To insure proper compliance with the provisions of this Code,
the following bonds and financial guarantees shall be required therefore:
(1) a construction agreement, (2) a performance guarantee, (3) a maintenance
guarantee and, (4) proof of adequate liability and title insurance.
All bonds and insurance required under this sSection shall be
secured from companies authorized to do business in the State of Illinois
and shall be deposited and remain at all times with the Clerk of the
Village of Harristown.
(A)
Construction agreement. To assure construction and installation of
improvements required by these regulations, the subdivider shall execute
a construction agreement with the Village Board in form and substance
approved by the legal counsel. This agreement shall provide that all
such improvements shall be constructed and installed at the subdivider's
expense in compliance with the standards and specifications for each
of the various types of improvements; such improvements shall be available
to and for the benefit of the lands within such subdivision; that
such improvements will be completed and installed within 24 months
of the date of approval of the preliminary plat.
|
The construction agreement shall further provide that, in the
case where approval of the final plat has been given before construction
of improvements and a performance guarantee has been provided and
if the improvements are not completed within the specified time, the
Village upon proper notice may complete the improvements and recover
full costs and expenses thereof from the subdivider and may appropriate
such portion of money or bonds posted for the faithful performance
of said works.
|
(B)
Commencement of improvements. No construction of any improvements
or clearing, grubbing, and grading shall be commenced prior to the
approval of the construction agreement by the Village Board.
(C)
Performance guarantee.
(1)
Type of guarantee. The subdivider may execute and file financial
guarantees with the Village Board in lieu of actual installation or
completion of the required improvements when requesting conditional
approval of the final plat. Such guarantees may be in the form of
a performance of surety bond, a certified check, or any other type
of guarantee approved by the Village Board.
(2)
Term of guarantee. Guarantees shall be for a period of not longer
than two years unless the Village Board extends the time period by
resolution.
(3)
Amount of guarantee. The financial guarantee shall be in an
amount equal to the Village Engineer's estimate of:
(a)
The cost of construction of all improvements plus;
(b)
The engineers fees for office checking and field inspection.
|
When any portion of an improvement has, upon inspection, been
found satisfactorily completed, a reduction in the bonds or partial
withdrawal of funds equal to the estimated costs of such completed
improvements may be authorized by the Village Board.
|
(D)
Maintenance guarantees. The maintenance bond shall be of such amount
as determined by the Village Engineer and shall be arranged for a
period of one year from date of acceptance of improvements by the
Village Engineer.
|
The maintenance bond shall be determined by taking into consideration
topography, soil conditions, and prevailing costs of labor and materials.
No maintenance bond should be less than $1,000.
| |
|
The subdivider shall be responsible for routine maintenance
of all improvements and shall repair all failures due to faulty construction
as soon as they became apparent.
| |
|
He shall also make repairs due to erosion or abuse by utility
companies installing utilities and shall repair all failures for all
other reasons during the maintenance bond period. He shall also restore
the roads and streets at the end of the maintenance period.
|
(E)
Liability insurance. The subdivider shall furnish such insurance
as is deemed necessary by the Village Board which shall indemnify
and save harmless the Village from any and all liability arising by
reason of the conditions of the streets of said subdivision which
may arise or grow out of the construction of installation of such
facilities. The insurance shall be of such duration as determined
by the Village Board, but shall in no case be allowed to expire earlier
than the effective period of any maintenance bond. A copy of the insurance
policy shall remain at all times with the Village Clerk.
(F)
Title insurance. Evidence must be shown that title insurance in an
amount of not less than $1,000 will be issued insuring the title of
the lands to be dedicated, as shown on the final plat.
