Village of Oakwood, IL Article VII Variations, Enforcement, Amendment and Validity

§ 242-45 Variance allowed.

Whenever the tract to be subdivided is of such unusual size or shape or is surrounded by such development or unusual conditions so that the strict enforcement of the regulations would entail practical difficulties or unnecessary hardships, the Village Board by resolution, after review and report by the Commission, may vary or modify them in such a way that the subdivider is allowed to develop his or her property in a reasonable manner, but at the same time, the public welfare and interests of the Village and county are protected and the general intent and spirit of the regulations preserved.

§ 242-46 Transfer of real property requirements.

A. In accordance with state law, no deed or other instrument of transfer of real property in the planning area shall be accepted by the County Recorder for record unless such deed or other instrument of transfer is to a lot or parcel platted and on file or accompanied with either a plat approved by the Planning Commission or a waiver of regulation applicability approved by the Village Administrative Review committee.

B. No person owning land composing a subdivision, nor his or her agent, shall transfer or sell or agree to sell any lot or parcel of land located within such subdivision by reference to, or exhibition of, or by any other use of a plat of such subdivision, before such plat or a Village waiver has been either approved or filed and recorded as provided in this chapter. The description of such lot or parcel by metes and bounds in any contract or instrument of transfer or other document used in the process of selling or transferring same shall not exempt such owner or agent from the penalties herein.

§ 242-47 Building or occupancy permit issuance requirement.

No building or occupancy permit shall be issued for any lot hereafter platted unless such lot has been approved, filed and reordered in accordance with the requirements of this chapter.

§ 242-48 Amendments.

A. The Village Board of Trustees may from time to time amend this chapter through the following procedure:

(1) The Planning Commission shall hold a public hearing on the proposed amendment. Notice of the public hearing shall be published in a newspaper of general circulation in the Village at least one time, 15 days prior to the hearing.

(2) Following the public hearing, the proposed amendment may be recommended as presented or in modified form by a majority vote of the entire Planning Commission.

(3) Following its adoption of a recommendation, the Planning Commission shall certify such recommended amendment to the Board of Trustees for its adoption.

(4) The Board of Trustees may return the proposed amendment to the Planning Commission for further study or recertification, or by a majority vote of the entire membership may by ordinance or resolution adopt the recommended amendment submitted by the Planning Commission. However, nothing in this chapter shall be construed to limit the Village Board's authority to recall the amending ordinance by a vote of a majority of the Village Board of Trustees.

(5) Following adoption by the Board of Trustees, the adopted amending ordinance shall be filed in the office of the Village Clerk. The Village Clerk shall file with the County Recorder of Vermilion County a copy of such amending ordinance.

B. Before any action shall be taken as provided in this section, any private party or parties proposing an amendment to this chapter shall deposit with the Village Treasurer the sum of $100 to cover the approximate cost of this procedure, and under no condition shall this sum or any part thereof be refunded for failure of the change to be adopted by the Board of Trustees.

§ 242-49 Administrative waivers.

A. In cases involving Village review of subdivisions, or real property transfers, occurring within the municipal 1 1/2 mile extraterritorial jurisdiction area, wherein the subdivision or property transfer is judged by a majority of the Village Attorney, Village Engineer, Village President and Village Superintendent of Public Works to be insignificant in terms of future land use, development, access or infrastructure issues, the Village is empowered to administratively waive the applicability of selected regulations of this chapter.

B. Administrative waivers can be approved through an affirmative vote of three of the four Village officials named in the immediately preceding subsection. These four individuals shall constitute the Oakwood Administrative Review Committee. Whenever a waiver of selected subdivision regulations is granted by the Administrative Review Committee, an annexation agreement between the Village and the entity receiving the waiver will be required. Any waivers granted will not be considered in effect until such time as the annexation agreement has been fully executed by both parties. The proposed detail and language of the agreement shall also be decided upon by a vote of three of four of the Administrative Review Committee. Any agreement formulated will, following a public hearing, be presented to the Planning Commission and board of trustees for ultimate approval.