This chapter shall be known, referred to and cited as "The Subdivision Code".
A.
For the purpose of present and future development of the City and for the promotion of the public health, safety, comfort, morals and welfare of persons living within the territory governed, the provisions and regulations hereafter contained shall govern the subdividing and platting of lands lying within the corporate limits of the municipality and within all unincorporated territory located within 1 1/2 miles of the municipality, as now or hereafter existing, except as otherwise provided in this chapter. Within the area of jurisdiction of the City, the provisions of the Statutes of the State of Illinois are hereby adopted as part of the Official Plan of the City.
B.
This chapter prescribes procedures for the subdivision or resubdivision of land within the area of jurisdiction of the City and comprises the procedures, requirements, standards and specifications with respect thereto.
In accordance with state law, this chapter regulates the subdivision and development of land in order to assist in achieving the following specific objectives:
A.
To preserve, protect and promote the public health, safety and welfare;
B.
To implement the City Comprehensive Plan and the Official Map;
C.
To provide a pleasant living environment by furthering the orderly layout and development of land;
D.
To avoid legal and other problems by requiring that subdivided land be properly monumented and recorded;
E.
To conserve and increase the value of land, improvements and buildings throughout the City;
F.
To preserve the City's natural beauty and topography to the maximum feasible extent;
G.
To protect against injury or damage caused by pollution, stormwater runoff or erosion and sedimentation;
H.
To provide safe and convenient access to new developments and to avoid traffic congestion and unnecessary public expenditures by requiring the proper location, design and construction of streets and sidewalks;
I.
To ensure the proper installation and maintenance of adequate water mains, sanitary sewers, stormwater sewers and other utilities and services; and
J.
To ensure that, in conservation areas, adequate parks and similar facilities can be made available to serve the residents of new developments.
A.
This chapter is intended as minimum requirements to provide for coordinated, efficient and economic development of the City, to ensure the adequacy of street and utility facilities and to promote the public health, safety and welfare.
B.
Thus, in accordance with state law, whenever this chapter imposes higher standards than the County Subdivision Ordinance and the Plat Act (765 ILCS 205/1 et seq.), the higher standards shall supersede the county regulations in the unincorporated territory located within the subdivision jurisdiction of the City.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No lot, tract or parcel of land in a subdivision, as defined herein, may be conveyed unless a final plat of the property has been approved according to the requirements and provisions of this chapter and recorded in the office of the County Recorder of Deeds, except in those instances listed in § 230-9 when subdivision plats will not be required.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Land unsuitable for subdivision development due to drainage, flood hazard area, hillside area, rock formation or any other condition(s) constituting a danger to health, life or property shall not be approved for subdivision development unless the subdivider presents evidence or data satisfactory to the Planning and Zoning Board, establishing that the methods proposed to meet any such condition(s) are adequate to avoid any danger to health, life or property.
The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:
A.
Word usage. Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in the definition thereof; and any word appearing in parentheses directly after a word herein defined shall be construed in the same sense as that word.
B. ADMINISTRATOR AREA, GROSS BARRIER (NATURAL OR ARTIFICIAL) COMPREHENSIVE PLAN CUL-DE-SAC DESIGN FLOOD HAZARD AREA HILLSIDE AREA IMPROVEMENT IMPROVEMENT PLAN LAND USE PLAN LOADING SPACE PARKING LANE PLANNING AND ZONING BOARD PLANS PLAT PLAT, FINAL PLAT, PRELIMINARY PREMISES PUBLIC SEWER AND WATER FACILITIES RESUBDIVISION ROAD, COUNTY ROADBED ROADWAY SETBACK LINE SLOPE STREET STREET, ARTERIAL STREET, COLLECTOR STREET, LOCAL STREET, MARGINAL ACCESS or SERVICE ROAD STRUCTURE STUB SUBDIVIDE SUBDIVIDER SUBDIVISION SUBDIVISION, MINOR TOPOGRAPHY TRAVEL WAY VACATE VARIANCE, SUBDIVISION
As used in this chapter, the following terms shall have the meanings indicated:
The Administrator or the person designated by the City Council to enforce and administer the provisions of this chapter or his duly appointed representative(s).
The entire area within the boundary lines of the territory proposed for subdivision, including the area to be dedicated for street and alley rights-of-way and public use.
Any street, highway, river, pond, canal, railroad, levee, embankment or screening by a fence or hedge.
The plan or any portion thereof adopted by the City for its coordinated physical development, including, among other things, plans and programs regarding the location, character and extent of highways, transportation routes, bridges, public buildings or uses, utilities, schools, residential, commercial or industrial land uses, parks, forests, dams, drainage facilities and projects affecting the conservation of natural resources of the City.
A short, minor local street, having only one end open for vehicular traffic and the other end permanently terminated by a turnaround for vehicles.
The arrangement of uses on the land and use of land for easements, lots and rights-of-way, including material, alignment, grade and width of these elements.
All land subject to periodic inundation from overflow or natural waterways when subjected to the maximum possible runoff from three inches of rain per hour as calculated by approved engineering methods or subject to periodic ponding.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
An area with an average slope of 20% or more.
Refers to site grading, street work and utilities (including water, sewer, electric, gas and stormwater) to be installed or agreed to be installed by the subdivider on land to be used for public or private streets and easements or other purposes as are necessary for the general use of lot owners in the subdivision.
The engineering plans showing types of materials and construction details for the physical structures and facilities to be installed both in or in conjunction with the subdivision.
The long-range plan for the desirable use of land in the City as officially adopted and as amended from time to time by the City Council or appropriate corporate authority.
An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.
An auxiliary lane of a street used primarily for vehicular parking.
The Planning and Zoning Board of the City.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All of the drawings, including plats, cross-sections, profiles, working details and specifications which the subdivider prepares or has prepared to show the character, extent and details of improvements required in Article III of this chapter and which plans shall conform to any requirements of the Planning and Zoning Board as to scale and details for submittal to the appropriate officials of the City for consideration, approval or disapproval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The maps, drawings, charts and other documents complying with all applicable provisions of this chapter which constitute the plan for subdivision and which the subdivider submits to the City for consideration of approval.
A plat prepared to the requirements of Article IV and, if approved, will be submitted to the County Recorder of Deeds for recordation.
A plat drawn upon tracing paper or other material from which reproduction can be made, and conforming to the requirements of Article II of this chapter.
A lot, together with all the buildings and uses thereon.
Those water and/or sewer facilities of the City, county, the state, the United States and/or of a sanitary sewer district and/or privately owned public facilities which comply with applicable public health standards.
See "subdivision."
A tract of land which is used primarily for the purpose of vehicular movement and includes all of the facilities and improvements within the rights-of-way. This tract of land must have been presented to and accepted by the County Superintendent of Highways.
The graded portion of a street upon which the base course, surface course, shoulders and median are constructed.
The entire improved portion of the street, including shoulders, parking lanes, travel way, curbs and gutter, which lies between the right-of-way lines.
The line parallel to the front, side or rear lot line establishing the minimum space to be provided as the front, side or rear yard.
The degree of natural inclination of the existing ground.
A general term denoting a public or private way for the purpose of vehicular travel. The term includes all facilities which normally occur within the right-of-way; it shall also include such other designation for a street as a highway, thoroughfare, parkway, throughway, road, pike, avenue, boulevard, lane, place, drive, court or as otherwise designated, but excluding an alley or a way for pedestrian use only.
A street designed or utilized primarily for high vehicular speeds and heavy volumes of traffic on a continuous route, with intersections at grade and which may have direct access to abutting properties and on which geometric design and traffic control measures are used to expedite the safe movement of through traffic.
A street which carries or is proposed to carry intermediate volumes of traffic from local streets to arterial streets and which may or may not be continuous.
A street used primarily for access to abutting properties, providing for minimum speeds and traffic volumes.
A local street parallel and adjacent to arterial streets providing access to abutting properties.
Anything constructed which requires permanent or temporary location on the ground or is attached to something having a permanent or temporary location on the ground.
A street that is temporarily terminated, but that is planned for future continuation.
See "subdivision."
Any person, firm, partnership, association, corporation, estate or other group or combination acting as a unit, dividing or proposing to divide land in a manner that constitutes a subdivision as herein defined.
The division of land into two or more lots or parcels for the purpose of either immediate or future sale, rental or building development or any other uses or the establishment or dedication of a public street or alley through a tract of land regardless of size. The term "subdivision" shall also include all resubdivisions of land or lots.
A division of land into two, but not more than four, lots, all of which front upon an existing street, not involving any new streets or other rights-of-way, easements, improvements or other provisions for public areas and facilities.
The relief features or surface configuration of an area of land.
That portion of a street used for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
To terminate the legal existence of a right-of-way or subdivision and to so note on the final plat recorded with the County Recorder of Deeds.
A relaxation in the strict application of the design and improvement standards set forth in this chapter.
All definitions not otherwise noted and contained in Chapter 290, Zoning, of the City Code and this Code of Ordinances are hereby adopted by reference.
A.
The provisions of these regulations do not apply and no subdivision plat is required in any of the following instances; provided, however, all of the resulting divisions shall conform to Chapter 290, Zoning, of the City Code:
(1)
The division or subdivision of land into parcels or tracts of five acres or more in size which does not involve any new streets or easements of access;
(2)
The division of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access;
(3)
The sale or exchange of parcels of land between owners of adjoining and contiguous land;
(4)
The conveyance of parcels of land or interests therein for use as a right-of-way for railroads or other public utility facilities and other pipe lines which does not involve any new streets or easements of access;
(5)
The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use;
(6)
Conveyances made to correct descriptions in prior conveyances;
(7)
The sale or exchange of parcels or tracts of land following the division into no more than two parts of a particular parcel or tract of land existing on July 17, 1959, and not involving any new streets or easements of access;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(8)
The sale of a single lot of less than five acres from a larger tract when a plat of a survey is made by an Illinois registered land surveyor; provided that this exemption shall not apply to the sale of any subsequent lots from the same larger tract of land, as determined by the dimensions and configuration of the larger tract on October 1, 1973, and provided also that this exemption does not invalidate any local requirements applicable to the subdivision of land; and
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(9)
The division of land for cemetery usage;
(10)
The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access;
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(11)
The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use;
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(12)
The preparation of a plat for wind energy devices under Section 10-620 of the Property Tax Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Under circumstances when subdivision plats are not required as described above, the Planning and Zoning Board reserves the right to request a plat of survey or other documentation if there is a need for said survey or documentation in order to verify conformance to Chapter 290, Zoning, of the City Code and/or to ensure that the division of property is in accordance with the purpose and objectives of the Code as listed in § 230-3.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
When an owner is required to file a plat pursuant to this chapter, the owner shall submit simultaneously with the subdivision plat a notarized statement indicating, to the best of the owner's knowledge, the school district in which each tract, parcel, lot or block lies. An owner who knowingly files an incorrect statement under this subsection is liable for damages to any subsequent purchaser of the property who relies on the incorrect statement to that person's detriment.
B.
Within three business days after a plat is submitted for approval, the City Council shall notify the president of the school board of each school district in which any of the subdivided land is located that the plat has been submitted for approval and that it is available for inspection. The notice shall also give the date, time and place of the hearing on approval or disapproval of the plat. The notice shall be served by certified mail, return receipt requested, or by personal delivery. Failure to notify the school board as required by this subsection does not invalidate the plat.
A.
Except as may be provided otherwise by statute or ordinance, no official, Council member, agent or employee of the City shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. (See the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq.)
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Any suit brought against any official, Council member, agent or employee of this City as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the City Attorney until the final determination of the legal proceedings.