Subdivision planning, review and approval shall proceed through
the following sequential phases:
The purposes and objectives regarding land subdivision can best
be understood by considering the various duties and responsibilities
associated with land subdividing. The specific duties and responsibilities
of the individuals or groups listed below are clearly identified in
these regulations.
A.
Subdivider. The subdivider is responsible for initiating discussions
with the Village before thoroughly preparing any subdivision plans
or plat in order to become familiar with these regulations and the
public policies and objectives applicable to the territory in which
the proposed subdivision lies.
B.
Engineer and surveyor. The engineer and surveyor acting on behalf
of the subdivider are responsible for preparing the necessary subdivision
plans, surveys and plats and the engineering drawing and specifications
as required by these regulations.
C.
Reviewing authority. The reviewing authority is the Board of Trustees
of the Village which is responsible for reviewing the development
or subdivision plan or plat, or portions thereof, and approving those
that fully meet the provisions and requirements of these regulations.
A.
If the proposed development or subdivision lies within the corporate
limits of the Village, the developer must first satisfy the zoning
requirements in "Zoning Ordinance, Village of Oakwood, Illinois,"
as adopted and as amended, but only if such an ordinance is in force
at the time of application of the development.
B.
If the proposed development or subdivision lies outside the Village
limits, but within the jurisdictional area of the Village, then the
developer must first satisfy the zoning requirements in "Vermilion
County Zoning Ordinance," as adopted and as amended, but only if such
an ordinance is in force at the time of application of the development.
A.
The purpose of the informal discussion phase, insofar as possible,
is to guide and assist the subdivider in his or her future decisions
with a view to avoiding later difficulties and delays. This is the
basic policy stage, during which the subdivider meets informally with
the Oakwood Planning Commission. In the course of the discussion,
the subdivider should make known his or her tentative plans for subdividing
and development, and may exhibit sketch plans and shall be apprised
by the Oakwood Planning Commission concerning specific public policies
and objectives, which the Commission may have for the area in question.
Discussion at this phase shall involve the entire area of ownership
and anticipated development.
B.
Also, it is in this phase that the need for a traffic impact analysis
(TIA) will be determined by the Village. If it is determined by the
Village Engineer that a traffic impact analysis is required, said
document shall be prepared and submitted to staff for review a minimum
of 30 days prior to the date the development is scheduled for consideration
by the Planning Commission.
C.
A traffic impact analysis is required to be prepared by the site
developer in the following situations:
(1)
Developments that can be expected to generate more than 100 new peak-hour
vehicle trips on the adjacent street per ITE Trip Generation Manual.
(2)
Developments of less than 100 new peak-hour trips in problem areas,
such as high accident locations, congested areas or other areas of
critical local traffic-related concern to Village authorities.
(3)
Any changes that will increase the site traffic generation by more
than 15% if more than 100 new peak-hour trips are involved.
(4)
Any changes that will cause the directional distribution of traffic
to change by more than 20%, where site traffic generation is expected
to be over 100 peak-hour trips.
(5)
Any incomplete project for which the original TIA is more than two
years old.
(6)
Situations when the agreement between the developer and the Village
requires cost-sharing contributions for major roadway improvements.
(7)
Any other situation where the Village E ngineer believes it is important
to understand the impact of traffic from the new development on its
surrounding areas.
D.
The TIA shall be performed by a professional engineer licensed in
Illinois who is pre-qualified for traffic studies by the Illinois
Department of Transportation and approved by the Village, and shall
include the following information:
(1)
Introduction.
(2)
Existing conditions.
(3)
Proposed site use(s), including buildings, parking, internal circulation
patterns and other factors that affect traffic on and adjacent to
the site.
(4)
Site-generated ADT and design hourly traffic volumes at fully built
status.
(5)
Site trip distribution and traffic origin/destination assignments.
(6)
Existing and projected traffic volumes on the adjacent roadway system
(at twenty-year horizon, unless otherwise approved).
(7)
Traffic accident history on adjacent streets.
(8)
Capacity analysis, consistent with methods identified in the Transportation
Research Board's Highway Capacity Manual, on the adjacent street
system, including language, signals, pedestrian movements and other
relevant factors. Analysis shall be performed with and without the
development traffic. Commercially available software such as Synchro,
HCM, Cinema, etc., may be used, only upon approval of the Village
Engineer.
(9)
Traffic improvement recommendations.
(10)
Signalization warrants, if applicable.
(11)
Site plan(s).
(12)
Conclusions and summary of findings, which should address:
(a)
The adequacy of site access.
(b)
The impact of the specific development on the surrounding area.
(c)
The suitability of the on-site circulation and parking.
(d)
Projected traffic volumes on individual roadway segments.
(e)
Projections of turn movements at individual intersections or
access drives.
(f)
Consideration given to possible alternatives.
A.
Subdivision. A pre-application conference may be requested by all
subdividers prior to initial plat applications. Subdividers may contact
the chairperson of the Planning Commission to arrange a pre-application
conference. Subdividers may submit an area general plan at this stage
with material sufficient to identify the tract and establish the relationship
of the proposed development with surrounding area.
B.
Processing. Upon request for a pre-application conference, the chairperson
of the Planning Commission shall schedule the pre-application conference
at the next regular meeting of the Planning Commission. All materials
will be considered as submitted for informal discussion. Discussions
will involve the proposals in compliance with these regulations, determination
of the scope of the proposed subdivision, an outline of the procedures
for the recording of plats and general information exchange. No approvals
will result from this conference; however, the Village Planning Commission
may make recommendations on the scope of the initial plat application
by the subdivider, continuity of the proposed street pattern with
existing or proposed street adjacent to the proposed subdivision,
and other factors based on peculiarities of the area in which the
subdivision is proposed.
C.
Review. Review of any material submitted by the subdivider during
the informal discussion phase shall be made by the Planning Commission.
Any sketch plan submitted shall be studied with regard to the best
principles of land subdividing and development; to lot sizes, and
proportions; to existing and planned land uses; to topography and
drainage; to provisions for recreation areas, public open space, schools,
parks and other public facilities; to design and location of streets;
and to conformity with the continuity of existing street systems,
walkways and related matters.
D.
Inspection. The Planning Commission may make an inspection of the
site to determine its relationship to and effect upon major thoroughfares,
utility systems, and adjacent land uses (existing and planned) and
ascertain the existence of any unusual problems; and shall determine:
(1)
The conformity of the proposed development to existing zoning regulations,
official road maps, and municipal development plans and policies;
(2)
The effect of the proposed development upon schools, public open
spaces, and other nearby community facilities;
(3)
The need for preparation and review of an area general plan prior
to consideration of the preliminary plat.
A.
An area general plan may be prepared and submitted by the subdivider,
for approval by the Planning Commission, prior to the submission of
the initial preliminary plat.
(1)
The Planning Commission shall determine that either of the following
conditions exists to warrant a requirement of preparation and submission
of an area general plan:
(a)
The parcel initially proposed for platting constitutes a portion
of a larger tract of land owned, or under option to purchase by the
subdivider; or
(b)
The parcel initially proposed for platting constitutes a portion
of a larger land area, the development of which will be complicated
by unusual problems of drainage, street layout, utility services,
land usage, or land ownership pattern.
(2)
The area general plan shall show property boundaries, existing easements,
land characteristics including wetlands, drainage, flood-prone areas
as identified on flood-prone area maps of the flood insurance agency,
wooded areas and major topographic features, development characteristics,
streets, existing buildings, sewer lines, water lines and pipelines.
Also to be shown in the area general plan are the proposed layout
of streets and blocks; general provisions for proposed sanitary sewage
collection, stormwater transportation and stormwater detention; proposed
location of commercial areas, and parks or other public areas. The
area general plan shall be prepared to a scale of one inch equals
100 feet or larger, and to proper accuracy.
(3)
The Planning Commission shall review the area general plan at a regular
meeting for compliance with these regulations and its consistency
with the Oakwood Comprehensive Planning program, as applicable, and
applicable municipal development plans, or parts thereof. Planning
Commission action shall take the form of approval or denial within
30 days following the complete submittal of the area general plan
and such action shall be indicated on the area general plan.
(4)
The area general plan may serve as the subdivider's official
preliminary plat, provided that the area general plan submitted as
the official preliminary plat by the subdivider conforms to the requirements
as set forth in these regulations. In the event the Planning Commission
approves the area general plan as the official preliminary plat, the
subdivider may submit the final plat for review and approval as provided
in these regulations.
(5)
A portion of the area general plan may serve as the subdivider's
official preliminary plat, provided that this portion is clearly designated
and provided that this portion of the area general plan submitted
as the official preliminary plat by the subdivider conforms to the
requirements as set forth in these regulations for preliminary plats.
(6)
The approval of the area general plan by the Planning Commission
of the Village shall be in effect for a period of at least one year
from the approval date, but the approval is subject thereafter to
withdrawal by the Village Planning Commission, upon notice to the
developer after that date.
B.
Procedures for submission.
(1)
Subdivider shall submit:
(a)
Seven paper copies of the area general plan plus one electronic
(.pdf file) copy;
(b)
A reduction of area general plan or sketch showing information
requested as submitted on eight-and-one-half-inch by eleven-inch sheet;
(c)
Supportive material as required to the chairperson of the Planning
Commission at least 14 calendar days prior to the Planning Commission
meeting at which the subdivider wishes the area general plan considered.
(2)
The submittal or resubmittal of an area general plan for a subdivision
within the corporate limits or within the jurisdictional area of the
Village shall be accompanied by an area general plan filing fee of
$500. The check shall be a cashier's check or money order made
payable to the Village of Oakwood, Illinois. Credit shall be given
from the amount so paid toward any preliminary plat filing fees due
from the subdivider for any portion of the area general plan submitted
for preliminary plat review if such preliminary plat submission is
made within one year of the date of approval of the area general plan.
A.
Purpose. The purpose of the preliminary plat phase, insofar as possible,
is to assist the subdivider and the reviewing authorities in determining
whether the proposed subdivision conforms to the standards and requirements
of these regulations and the tentatively approved area general plan,
and the pertinent standards and regulations of affected municipal
departments. the preliminary plat is the document which shall be used
for review by the Planning Commission.
B.
Waiver of requirement. Where any tract of land within the Village
limits is to be divided into less than five lots of less than five
acres each and no public improvements are required, the Planning Commission
may waive the requirements for a preliminary plat. The requirements
for a final plat shall continue to be in effect. When the Village
Planning Commission does waive the aforesaid requirements for a preliminary
plat, no further subdivision of adjacent land owned by the same beneficial
interests shall be considered for subdivision within five years without
full compliance with the requirements for a preliminary plat.
C.
Copies required. When a preliminary plat is required, and the zoning
requirements have been satisfied, the subdivider shall submit to the
chairperson of the Planning Commission eight paper copies and one
electronic (.pdf) copy, plus two copies submitted directly to the
Village Engineer, of the preliminary plat not less than 14 calendar
days prior to the next regular meeting of the Planning Commission.
D.
Information required. The preliminary plat shall be prepared by an
Illinois-registered engineer and an Illinois-registered land surveyor.
The preliminary plat is to be approved by the Village Planning Commission
and Village Board of Trustees before any subdivision development is
started. The following items and information shall be shown on the
preliminary plat; all mapped data shall be presented at a scale of
one inch to 100 feet or larger:
(1)
General information:
(2)
Existing conditions:
(a)
The locations, width, and names of all existing public and/or
private streets, railroads, or other public ways and utility rights-of-way
within and/or adjacent to the tract to within 200 feet of the boundary
of the tract;
(b)
The locations and size of all existing sanitary sewerage, water
mains and appurtenances, storm drainage, known field drainage tile
or other known underground facilities within the tract or near the
tract, and any such known facilities entering or exiting the tract;
(c)
The topography, spot elevations at critical points and contours
at intervals of not greater than two feet, regardless of grade, related
to National Geodetic Vertical Datum of 1988 (mean sea level) of the
site and 100 feet beyond the site boundaries and as necessary to adequately
depict the existing drainage conditions;
(d)
The location and identification of all public and quasi-public
areas and civil division lines within and/or adjacent to the tract,
to within 200 feet of the boundary of the tract;
(e)
The location and identification of all recorded subdivisions
lying adjacent to, or across a public right-of-way from, the tract;
(f)
The acreage and identification of the drainage basin or basins
that lie upstream from the tract of land that is proposed for subdivision.
(g)
The location and identification of all existing man-made features
such as buildings, high-tension towers, public water and sewer lines,
pipe lines, excavations, bridges, railroad tracks, culverts and related
items within and/or adjacent to the tract, to within 200 feet of the
boundary of the tract proposed to be subdivided. The preliminary plat
shall note the location of the nearest public sewer and public water
lines;
(h)
The location of existing streams, rivers, drains, lakes, ponds
and impoundments within and/or within 200 feet of the tract;
(i)
The land use and existing zoning of the proposed subdivision
and adjacent tracts;
(j)
Boundary line of proposed subdivision indicated by solid heavy
line so designated and the total approximate acreage encompassed thereby;
(k)
Other items required to properly depict the existing situation.
(3)
Proposed conditions:
(a)
Arterial streets (eighty-foot right-of-way) are required on
mile section lines and collector (sixty-six-foot right-of-way) are
required on one-half mile section lines;
(b)
The locations, width and names of proposed streets and right-of-way
widths including connections to adjoining public and/or private street
rights-of-way;
(c)
The location and width of walkways and easements including connections
to adjoining public lands and public and/or private walkways and easements;
(d)
All lots, including the required setback lines and scaled dimensions
of typical lots. All lots contained on the proposed plat must be numbered
in consecutive order;
(e)
The location and acreage of any proposed public and/or quasi-public
land within the tract;
(f)
The plan of any proposed watercourses or impoundments including
stream relocations, showing normal water levels and direction of flow;
(g)
The provisions for water supply, sewage disposal, and stormwater
disposal indicated by a general drainage plan of sufficient detail
to show how the water will be moved over the site, and subsurface
drainage including provisions for continual maintenance of natural
drainage courses and field drainage tile systems. Known on-site field
drainage tile systems serving areas off the site shall be located
in designated easements;
(h)
Streetlights are to coordinate with fire hydrant and intersection
locations. Plans for layout, design and installation of streetlights,
wiring and all required excess facilities, which includes streetlights,
poles and all devices and materials to install streetlights, shall
be submitted to the Village of Oakwood and the appropriate electric
utility for approval prior to installation;
(i)
If a private septic disposal system is proposed for any lot,
an Illinois-registered professional engineer shall certify, on the
face of the preliminary plat, that the proposed lots and soil characteristics
are adequate for such a disposal system. Test data to support this
certification shall also be submitted;
(j)
The developer shall mail one print of the preliminary plat to
such governmental entities, utilities, and other parties as directed
by the Village authorities.
(4)
The developer shall set forth a statement on the preliminary plat
that prints were mailed to those entities designated by the Village
authorities, and the statement shall list the names and addresses
of such parties.
E.
Vermilion County Soil and Water Conservation District review and
approval. Information concerning the proposed subdivision shall be
submitted by the developer to the soil and water conservation district
for comments as to:
F.
Procedures for submission.
(1)
Subdividers shall submit:
(a)
Ten paper copies of the preliminary plat plus one electronic
(.pdf) copy;
(b)
A reduction of the preliminary plat or sketch showing lots and
streets submitted on an eight-and-one-half-inch by eleven-inch sheet;
(c)
Supportive material to the chairperson of the Planning Commission
at least 14 calendar days prior to the Planning Commission meeting
at which the subdivider wishes the plat considered.
(2)
The submittal or resubmittal of a preliminary plat for a subdivision
within the corporate limits or within the jurisdictional area of the
Village, shall be accompanied by a preliminary plat filing fee of
$30 per acre for each gross acre or part thereof within the subdivision
boundaries or $300, whichever is greater, except for those submissions
involving annexation agreements wherein the applicable fee may be
negotiated with the Oakwood Board of Trustees. The check shall be
a cashier's check or money order made payable to the Village
of Oakwood, Illinois.
G.
Procedures for review and approval. The Planning Commission shall
examine the preliminary plat for compliance with these regulations
with special attention given to the following:
(1)
Design standards and information requirements as set forth by these
regulations;
(2)
Streets and thoroughfares as related to neighborhood circulation
and existing and proposed topography;
(3)
Existing zoning and existing and planned land use;
(4)
An official land use plan adopted by the Village;
(5)
Official road map;
(6)
Land required for schools, parks, or other public use;
(7)
Utility methods and systems, drainage and street improvement;
(8)
Watercourses.
A.
If all of the above requirements have been satisfied, the chairperson
of the Planning Commission will present the preliminary plat to the
Planning Commission at the next regular meeting. The subdivider or
a responsible representative shall attend this meeting. The Planning
Commission shall either:
B.
If the Planning Commission recommends denial of approval of the preliminary
plat, the reasons for the recommendation for denial shall be clearly
set forth and communicated to the subdivider.
C.
If the Planning Commission recommends approval of the preliminary
plat, it shall be so executed at that time. The original preliminary
plat and two copies must be signed and executed.
D.
The chairperson of the Planning Commission shall then submit the
recommendation of the Planning Commission to the Village Board of
Trustees for their review, consideration and approval. The Village
Board of Trustees shall, as and to the extent required by state law,
accept or reject a preliminary plat within 30 days after Planning
Commission approval.
E.
The approval of the preliminary plat by the Village Board of Trustees
shall be in effect for a period of one year from the approval date.
If the final plat and subdivision improvement plans and specifications
have not been filed on or before this date, then the preliminary plat
approval shall become null and void. If the preliminary plat shall
become null and void, then a resubmittal of the preliminary plat for
the development will be required just as if the development were starting
anew.
F.
Approval of the preliminary plat by the Village confers upon the
subdivider the following rights for a period of 12 months from the
date of approval, subject to existing law, or ordinance or statutes:
1) The subdivider may submit on or before the expiration date the
whole or part of the plat for final approval by the Village; and 2)
The subdivider may proceed with the installation of required physical
improvements, subject to the provisions of these regulations and with
the approval of the engineering plans and specifications by the Village
Engineer, and may proceed with the preparation of the final plat.
Approval of the preliminary plat by the Village Board of Trustees
shall be indicated on the drawings; however, such approval and designation
thereof does not insure final acceptance of the streets and other
public ways for dedication nor continuity of current zoning for the
tract or its environs.
G.
On the preliminary plat the following certificate shall appear:
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PRELIMINARY PLAT APPROVAL
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The preliminary plat entitled _____ has received approval by
the Planning
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Commission of the Village of Oakwood, Illinois, this _____ day
of _____, 20_____.
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_______________
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Chair Person
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PRELIMINARY PLAT APPROVAL
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The preliminary plat entitled _____ has received approval by
the Village Board of Trustees of the Village of Oakwood, Illinois,
this _____ day of _____, 20____.
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_______________ President, Village Board of Trustees
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_______________ Village Clerk
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A.
At any time within one year after receiving preliminary plat approval,
the subdivider shall submit to the chairperson of the Planning Commission
10 paper copies and one electronic (.pdf) copy of the final plat 14
calendar days prior to any regular meeting of the Village Planning
Commission. Also, the subdivider shall submit to the Village Engineer
two paper copies and one electronic (.pdf) copy of the engineering
plans and specifications for the subdivision and two paper copies
and one electronic (.pdf) copy of the final plat on the same day.
B.
The final plat shall contain or be accompanied by the information
herein specified and shall comply with the following requirements:
(1)
General.
(a)
The name of the subdivision;
(b)
The certificate of an Illinois-registered professional land
surveyor;
(c)
The date of preparation, scale and north arrow. The scale and
size of the plat shall be such that photographic reduction to 16 inches
by 17 inches will not impair the details. Plats in several sections
are permissible. No sheet larger than 24 inches by 36 inches shall
be submitted. The plat shall be presented at a scale of one inch to
100 feet or larger, except that a different scale may be used if approved
during the preliminary plat phase;
(d)
The location and position of the subdivision indicated in one
of the following ways as appropriate:
[1]
By quarter section, township, range, meridian, county and state,
[2]
By distances and bearings from astronomic or assumed north and
angles with reference to a corner or corners established in the United
States Public Land Survey,
[3]
By a written legal description of the exterior boundaries of
the land as surveyed and divided;
[4]
By not less than four references to the Illinois State Plane
Coordinate System, East Zone. References shall be generally located
at exterior points along the subdivision boundary.
(e)
The plat shall comply with the current Illinois Compiled Statutes.
Information which shall appear on the plat or on subsidiary documents:
[1]
The following notation: "A part of the property covered by this
plat is (is NOT) situated within 500 feet of a surface drain or watercourse
serving a tributary area of 640 acres or more";
[2]
Location of subdivision relative to Village of Oakwood corporate
limits;
[3]
In the event a private septic disposal system is proposed for
each lot, certification by an Illinois-registered professional engineer
indicated on the face of the subsidiary documents that the proposed
land use, the proposed lots and the known soil characteristics of
the area are adequate for such systems;
[4]
The effect of stormwater run-off on other potentially developable
land and the county's streams and open drainage channels, and
a subsidiary drainage plat showing the topographical and profile plats,
with a signed statement by an Illinois-registered professional engineer
and the owner stating that to the best of their knowledge and belief;
the drainage and surface water drainage will not be changed by any
such subdivision, or if surface water drainage will be changed, reasonable
provision has been made for collection and diversion of such waters
into public areas, or drainage which the subdivider has the right
to use, and that such surface waters will be planned for in accordance
with generally accepted engineering practices so as to reduce the
likelihood of damage to adjoining property because of the construction
of the subdivision,
[5]
The final plat shall be drawn with ink on a stable and reproducible
plastic film.
(2)
Detailed information:
(a)
Boundary line of proposed subdivisions indicated by solid heavy
line and the total acreage encompassed thereby. The plat shall clearly
indicate all streets, alleys, blocks, lots, parcels, easements, and
rights-of-way. Accurate angular and lineal dimensions shall be shown
to describe and/or reproduce any of these features;
(b)
Abutting street lines of platted, adjoining subdivisions shown
in their correct location by broken (dashed) lines;
(c)
The description and location of all subdivision and public land
system survey monuments;
(d)
A consecutive numbering system for all lots and blocks;
(e)
Location and names of all existing or prior platted streets
or other public ways, railroads and utility rights-of-way, parks and
other public open spaces, permanent easements or prior platted lots
within and adjacent to the subdivision;
(f)
A graphic representation of the minimum setback lines on all
lots and parcels, and a notation of the distance between such lines
and the street line, or lot line;
(g)
Pipes or other equivalent physical markers shall be places at
each lot corner. No pipe or rod monument shall be less than one-half
inch in diameter, standard weight water pipe (inside diameter) or
deformed reinforcing rod at least 30 inches long. Iron pipe encased
in concrete at least four inches by four inches by 42 inches, or equivalent,
markers shall be placed at the beginning and ending of all curves
and at all block corners. All monuments shall be imprinted with the
registration number of the surveyor making the survey and shall be
described on the plat;
(h)
The location, layout and design for installation of streetlights and wiring as required by § 242-31H of this Oakwood Municipal Code.
(i)
The final plat shall be accompanied by:
[1]
All covenants, agreements, and deed restrictions which are to
be imposed by the subdivider on future owners of lots within the subdivision
once approved.
[2]
A notarized certification by owner and by mortgage holder of
record of the adoption of the plat and the dedication of streets and
other public areas, and any restrictions as to usage, buildings, occupancy,
etc.
[3]
Certification from the County Clerk that all taxes and special
assessments due on the property to be subdivided have been paid in
full as required by statutes.
[4]
Certification from the Village Treasurer that all special assessments
due on the property to be subdivided have been paid in full (not required
for subdivision out of Village limits).
[5]
A report from the Vermilion County Soil and Water Conservation
District.
[6]
A cost opinion prepared by the developer's engineer, stating
the probable construction cost of the public and quasi-public improvements
for the development. Said cost opinion shall include estimated quantities
of work and unit prices for the various items of the work.
[7]
An erosion and sedimentation control plan showing:
[a]
All erosion and sedimentation control measures
necessary to meet the objectives of this chapter throughout all phases
of construction and permanently after completion of development of
the site;
[b]
The proposed phasing of development of the site,
including stripping and clearing, rough grading and construction,
and final grading and landscaping. Phasing should identify the expected
date on which clearing will begin, the estimated duration of exposure
of cleared areas and the sequence of clearing, installation of temporary
sediment control measures, installation of storm drainage, paving
streets and parking areas, and establishment of permanent vegetative
cover.
[8]
The engineering plans and specifications for the subdivision.
[9]
Written approval of the Oakwood Township Road District, if the
subdivision involves the dedication of new township streets or roadways,
unless said roadways are subject to an Annexation Agreement with the
Village.
[10]
Written approval of the Vermilion County Engineer,
if the subdivision is located across or adjacent to a County highway.
[11]
Written approval of the Illinois Department of
Transportation, if the subdivision is located across or adjacent to
a State of Illinois-owned or -maintained highway.
[12]
Written approval of the construction plans by
Utilities, Inc. and/or its successors, who hold the franchise for
providing potable water service and sanitary sewer service within
the Village of Oakwood.
[13]
Performance guarantee shall be on file.
[b]
The performance guarantee shall be based on the
estimated value of the improvements at the time of approval of the
subdivision, insuring the Village adequate coverage to secure the
satisfactory construction, installation, and dedication of the uncompleted
portions of the required improvements. The Village Attorney shall
approve such performance guarantee only after a recommendation of
approval of the amount of the guarantee is received from the Village
Engineer.
[c]
The amount of the performance guarantee with a
guarantee by a corporate surety, a certificate of deposit, cash, irrevocable
bank letter of credit or other forms of guarantee found acceptable
by the Village Attorney, shall be 110% of the estimated value if construction
of the proposed improvements has not commenced. If construction of
the improvements was commenced subsequent to approval of the subdivision
but prior to recording the subdivision documents, the amount of the
performance bond shall be 200% of the estimated cost of completing
the remaining improvements;
[14]
A subsidiary drainage plat shall be filed in accordance
with the following requirements:
[a]
Show topographically and by profile the elevation
of the land, prior to the commencement of any change in the elevations,
by contours at not greater than a two-foot interval and extending
100 feet beyond the exterior boundaries of the subdivision;
[b]
Show proposed changes in the elevations and the
flow of surface water from the subdivision;
[c]
Statements to appear on subsidiary drainage plat:
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"To the best of our knowledge and belief provisions have been
made for the collection and diversion of surface waters into public
areas, or grains which the subdivider has the right to use, and that
such surface waters are planned for in accordance with generally accepted
engineering practices so as to reduce the likelihood of damage to
the adjoining property because of the construction of _____ subdivision."
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_______________ Engineer's Name and Registration Number
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_______________ Owner's Signature or Attorney
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A.
If all of the above requirements have been satisfied, the chairperson
of the Planning Commission will present the final plat to the Planning
Commission at the next regular meeting. The Planning Commission shall
make one of the following recommendations to the Village Board of
Trustees:
B.
If the Planning Commission recommends denial of approval of the final
plat, the reason for denial shall be clearly set forth and communicated
to the subdivider.
C.
If the Planning Commission recommends to the Village Board of Trustees
approval of the final plat, it shall be so executed at that time.
The original plat and two copies shall be executed by the Planning
Commission. The chairperson of the Planning Commission shall then
present the final plat to the Village Board of Trustees at its next
regular meeting and inform them of their recommendation. At the same
Village Board of Trustees meeting, the Village Engineer shall present
the engineering plans and specifications for the subdivision. At that
time, the Village Board of Trustees shall approve or disapprove the
final plat, and the engineering plans and specifications and shall
clearly state their reasons for their actions. In the event the Village
Board of Trustees disapproves either the final plat or the engineering
plans and specifications, the subdivider has one year from the date
of such disapproval to make the corrections and resubmit the Village
Board of Trustees; otherwise, the prior approval of the Planning Commission
and/or the approval of the Village Engineer shall become null and
void.
D.
On the final plat, the following certificate shall appear:
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FINAL PLAT APPROVAL
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The final plat entitled __________ has received a recommendation
for (approval) (disapproval) by the Planning Commission of the Village
of Oakwood, Illinois, this _____ day of _____, 20____.
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_______________
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Chair Person
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A.
The Village Board of Trustees shall not give final approval to any
proposed subdivision until:
(1)
The Planning Commission has recommended approval or disapproval of
the final plat;
(2)
The Village Engineer has recommended approval or disapproval of the
subdivision improvement plans and specifications;
(3)
The subdivider presents his or her bond in the amount and form in
accordance with these regulations and as approved by the Village Attorney.
B.
The Village Board of Trustees, after receiving recommendations from
the Planning Commission and Village Engineer shall then consider the
final plat of the proposed subdivision. At that time, the Village
Board of Trustees shall approve or disapprove the final plat, and
the engineering plans and specifications and shall clearly state their
reasons for their actions. The Village Board of Trustees shall, as
and to the extent required by state law, accept or reject a final
plat within 60 days after Planning Commission approval.
C.
In the event the Village Board of Trustees disapproves either the
plat or the engineering plans and specifications, the subdivider has
one year from the date of such disapproval to make the corrections
and resubmit to the Village Board of Trustees; otherwise, the prior
approval of the Planning Commission and/or the approval of the Village
Engineer shall become null and void.
D.
The following certificate shall appear on the final plat directly
below the Planning Commission certificate:
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The final plat entitled _____ has received approval by the Board
of Trustees of the Village of Oakwood, Illinois. This plat shall be
recorded with the recorder of deeds, Vermilion County, Illinois, within
one year of this date, otherwise this plat shall become void. The
subdivider shall pay all recording fees assessed by the Vermilion
County Recorder of Deeds.
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_______________ President, Board of Trustees
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_____ Date
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_______________ Village Clerk
(Seal)
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_____ Date
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E.
The following certificate shall appear on the cover sheet of the
engineering plans for the subdivision:
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APPROVAL BY THE VILLAGE OF OAKWOOD
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The plans and specifications for _____ have received a recommendation
for (approval) (disapproval) by the Village Engineer.
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_______________ Village Engineer
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_____ Date
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The plans and specifications for _____ have reviewed and approved
by the Board of Trustees of the Village of Oakwood.
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_______________ President, Board of Trustees
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_____ Date
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_______________ Village Clerk
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_____ Date
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F.
After approval of the final plat, plans and specifications and receipt
of all supporting documents by the Village Board of Trustees, the
final plat may be recorded by the subdivider.
A.
All regulations, procedures and standards made applicable herein
to original subdividing shall also apply to the re-subdividing and
re-platting of a plat or parts thereof; as provided by these regulations.
(1)
Procedure for re-subdivision. For any change in a map of an approved
or recorded subdivision plat, if such change affects any street layout
shown on such map, or area reserved thereon for public use, or any
lot line, or if it affects any map or plan legally recorded prior
to the adoption of any regulations controlling subdivision, such parcel
shall be approved by the Planning Commission and Village Board of
Trustees by the same procedure, rules and regulations as for review
and approval of a subdivision, or if the subdivision is classified
as a minor subdivision, under the procedures as set forth in § _____[1] for review and approval of a minor subdivision.
[1]
Editor's Note: So in original.
(2)
Procedure for subdivisions where future re-subdivision is indicated.
Whenever a parcel of land is subdivided and the subdivision plat shows
one or more lots containing more than one acre of land and there are
indications that such lots will eventually be re-subdivided into small
building sites, the Planning Commission and Village Board of Trustees
may require that such parcel of land allow for the future opening
of streets and the ultimate extension of adjacent streets. Easements
providing for the future opening and extension of such streets may
be made a requirement of the plat.
(3)
Vacation of plats. Any plat or any part of any plat may be vacated
by the owner of the premises, at any time before the sale of any lot
therein, by a written instrument, to which a copy of such plat shall
be attached, declaring the same to be vacated.
B.
Such an instrument shall be approved by the Planning Commission and
the Village Board of Trustees in like manner as plats of subdivisions.
The governing body may reject any such instrument which abridges or
destroys any public rights in any of its public uses, improvements,
streets, or alleys.
C.
Such an instrument shall be executed, acknowledged or approved, and
recorded and filed, in like manner as plats of subdivisions; and being
duly recorded or filed shall operate to destroy the force and effect
of the recording of the plat so vacated, and to divest all public
rights in the streets, alley, and public grounds, and all dedications
laid out or described in such plat.
D.
When lots have been sold, the plat may be vacated in the manner herein
provided by all the owners of lots in such plat joining in the execution
of such writing.
A.
Before any person may undertake any construction, alteration or erection
of any civil engineering facilities or improvements as part of a planned
unit development within the Village's 1 1/2 mile extraterritorial
area, for which the County of Vermilion must give zoning approval
(when applicable), such person shall first obtain approval of the
Village as to the matters set forth in this chapter.
B.
Application requirements. The developer shall submit a true copy
of the planned unit development plan that the applicant has filed
with the County of Vermilion accompanied by an application fee of
$30 per acre for each gross acre or part thereof within the development
boundaries or $300, whichever is greater, except for those submissions
involving annexation agreements wherein the applicable fee may be
negotiated with the Board of Trustees of the Village. The check shall
be as cashier's check or money order made payable to the Village
of Oakwood, Illinois. The plans shall be submitted in 10 copies and
one electronic (.pdf) copy. The development plan must include all
of the following information:
(1)
Name, location of address, owner and designer of the proposed development
in the form of drawings or written statements;
(2)
A legal description of the site proposed for development;
(3)
A general area plan drawing reflecting the intended land use, future
public streets and private drive locations, and adjacent areas when
the proposed planned unit development is intended to represent a single
phase of a longer range development;
(4)
Location of all property lines, existing streets, easements, utilities
and any other significant physical feature;
(5)
Date, north arrow, and graphic scale (not less than one inch equals
100 feet) on all drawings submitted;
(6)
Present and proposed zoning (if applicable);
(7)
Indication and location of existing conditions on the tract including:
(a)
Contour lines at a minimum of two-foot intervals;
(b)
Watercourses and existing drainage facilities;
(c)
Wooded areas and isolated trees of six inches or more in diameter;
(d)
Existing structures with an indication of those that will be
removed and those that will be retained as a part of the development;
(8)
Indication of the area surrounding the tract with respect to land
use, peculiar physical conditions, public facilities and existing
zoning;
(9)
A site plan indication, among other things, the general location
of the following:
(a)
All buildings, structures and other improvements;
(b)
Common open spaces;
(c)
Off-street parking facilities and number of spaces to be provided;
(d)
Sidewalks;
(e)
Illuminated areas, provided all street lighting shall comply with Oakwood Municipal Code § 242-31H and § 242-16D(3)(h);
(f)
Use of open spaces being provided;
(g)
Screening or buffering of the tract perimeters;
(h)
Indication as to which streets will be public and which drives
will be private;
(i)
All utilities including storm drainage, sanitary sewers, and
water service;
(j)
Such other documents explaining unusual circumstances as the
Planning Commission may require;
(10)
Quantitative data indicating the following:
(a)
Total number of dwelling units;
(b)
Proposed lot coverage of buildings and structures (percent of
total);
(c)
Approximate gross and net residential densities (excluding all
streets and roadways);
(d)
Such other calculations as the Planning Commission may require
including, but not limited to, information relating to traffic generation
impact and storm water runoff;
(11)
A development schedule indicating the following:
(a)
The approximate date when construction of the project can be
expected to begin;
(b)
The stages in which the project will be built and the approximate
dates when construction of each stage can be expected to begin;
(c)
The approximate dates when the development of each of the stages
in the development will be completed;
(d)
The area and location of common open space that will be provided
at each stage;
(12)
A statement as to the applicant's intention of selling
or leasing all or a portion of the planned unit development after
the project is developed. If applicable, the conditions of sale and
maintenance of such developed properties shall be stipulated. Any
covenants, deed restrictions or other similar agreements between the
application and future owners shall be presented; and
(13)
An erosion and sedimentation control plan showing:
(a)
All erosion and sedimentation control measures necessary to
meet the objectives of this chapter throughout all phases of construction
and permanently after completion of development of the site;
(b)
The proposed phasing of development of the site, including stripping
and clearing, rough grading and construction, and final grading and
landscaping. Phasing should identify the expected date on which clearing
will begin, the estimated duration of exposure of cleared areas and
the sequence of clearing, installation of temporary sediment control
measures, installation of storm drainage, paving streets and parking
area and establishment of permanent vegetative cover.
C.
Public hearing.
(1)
Upon receipt of the planned unit development application, the chairperson
of the Planning Commission shall set a public hearing date in accordance
with the commission's usual procedures for considering a conditional
use. Within 30 days after the public hearing, the Planning Commission
shall recommend approval or disapproval or, at the request of the
developer, continued discussion pertinent to the development plan.
The Planning Commission shall consider the proposed planned unit development
in accordance with:
(2)
The Planning Commission shall send its recommendation to the Village
Board of Trustees. Approval of the planned unit development by the
Board of Trustees shall constitute approval of matters governed by
this section.
D.
Standards and requirements. Unless the Planning Commission expressly
recommends waivers thereof, the following shall be the standards for
a planned unit development reviewed under this section:
(1)
Provisions for fire and emergency access shall be subject to applicable
codes and be reviewed and commented on by the Oakwood Fire Protection
District's Fire Chief;
(2)
Street construction, whether such be public or private streets, shall
be made in conformance with this chapter, minimum pavement widths
for private drives shall be 14 feet for the first lane of traffic
in each direction and 14 feet for each additional lane. Street construction
plans and details shall be submitted to the Village Engineer for his
or her review;
(3)
Exterior lighting facilities within the planned unit development
shall be of such quality to promote safety and convenience, and shall
conform to the National Electrical Code;
(4)
Sewers shall conform to the Standard Specifications for Water and
Sewer Main Construction in Illinois;
(5)
Storm drainage shall be of urban design; shall conform to the Standard
Specifications for Water and Sewer Main Construction in Illinois;
shall conform to the Village's stormwater control ordinance (Title
14); and shall conform to this chapter;
(6)
Construction bond. All publicly and privately owned public-type improvements,
facilities and developments required by this chapter shall be guaranteed
in a form approved by the Village Attorney, and shall be delivered
to guarantee construction of the required improvements. Any such guarantee
shall be at a rate of 110% of the estimated cost of construction as
determined by the Village Engineer. Any guarantee shall only be released
upon the certification by the developer's engineer (with the
approval of the Village Engineer) that the public type improvements
and facilities have been constructed in compliance with the plans
and specifications for such public type facilities and improvements;
and
(7)
Maintenance bond after inspection and acceptance of the facilities
and improvements, but before release of the construction bond for
all of the facilities and improvements, a deposit shall be made to
the Village in cash or maintenance bond equal to 15% of the estimated
cost of the public facilities and improvements. This deposit shall
be a guarantee of satisfactory performance of the facilities constructed
for and within the planned unit development and satisfactory maintenance
operation of such publicly and privately opened facilities necessary
to the health, safety, and convenience of the tenants or successors
to the applicant:
(a)
Such cash or bond for the publicly owned facilities shall be
held by the Village for a period of 18 months after acceptance by
the Village of such publicly owned facilities; and
(b)
The balance of the cash or bond is to remain in effect as long
as the public facilities remain in private ownership. Nothing in the
above maintenance guarantee clause should be constructed to prevent
the filing of two maintenance guarantees, one for publicly owned public
facilities and one for privately owned public facilities. After such
18 months, the deposit covering the maintenance of publicly owned
public facilities shall be refunded if no defects have developed,
or if any defects have developed, then the balance of such deposit
shall be refunded after reimbursement for amounts expended in correcting
defective facilities. The guarantee maintenance deposit under this
subsection shall be made immediately upon inspection and approval
by the Village engineer of the construction of all facilities, but
prior to release of the construction guarantee.
