[1960 Code § 13.04.010]
This title shall be known and may be cited and referred to as
the SUBDIVISION CONTROL ORDINANCE FOR THE CITY OF LINCOLN, ILLINOIS.
[1960 Code § 13.04.020]
This title is adopted for the following purposes:
(A) To provide one of several means for carrying out the intent of the
evolving comprehensive plan and thus ensure sound harmonious development
and community growth;
(B) To ensure the development of land to the highest possible standards
of design with all the necessary protection against deterioration
and obsolescence which would adversely affect the living environment
or tax base;
(C) To provide a procedure for a sound working relationship between the
City and the developer and to safeguard the interests of the homeowner,
the subdivider, the investor, and the City;
(D) To control the scattered and premature platting of lots beyond the
effective operating range of existing public utilities and improvements;
(E) To ensure that the cost of design and installation of improvements
in new, planned subdivisions be borne by the persons purchasing the
lots rather than by property owners who have already paid for the
improvements servicing their property in their own subdivisions already
developed;
(F) To coordinate new subdivision design with the design of the City
as a whole;
(G) To secure the rights of the public with respect to public lands and
waters;
(H) To improve land records by establishing standards for surveys and
plats.
[Ord. 2014-810, 6-2-2014]
No person shall subdivide any tract of land which is located
within the City limits or within 1.5 miles of the City limits except
in conformity with the provisions of this title.
[1960 Code § 13.04.040]
Wherever any subdivision of land is hereafter laid out, the
subdivider thereof or his agent shall submit a tentative and a final
subdivision plat to the Plan Commission. Said plats and plans of proposed
improvements, and all procedures relating thereto, shall in all respects
be in full compliance with this title.
[1960 Code, Sec. 13.04.050]
Until plats and plans for the subdivision are approved, properly
endorsed and recorded:
(A) No land shall be subdivided, nor any street laid out, nor any improvements
made to the natural land;
(B) No lot, tract or parcel of land within any subdivision shall be offered
for sale, nor shall any sale, contract for sale, or option be made
or given;
(C) No improvements such as sidewalks, water supply, storm water drainage,
sanitary sewerage facilities, gas service, electric service or lighting,
grading, paving or surfacing of streets shall hereafter be made by
any owner or owners or his or their agent, or by any public service
corporation at the request of such owner or his agent.
[1960 Code, Sec. 13.04.060]
All land offered to the City for use as streets, alleys, schools,
parks and other public uses shall be referred to the Plan Commission
for review and recommendation before being accepted by the City Council
or by any other governing authority of the City.
[1960 Code, Sec. 13.04.070]
No plat will be approved for a subdivision which is subject
to periodic flooding or which contains poor drainage facilities and
which would make adequate drainage of the lots and streets impossible.
However, if the subdivider agrees to make improvements which will,
in the opinion of the City engineer, make the area safe for residential
occupancy and provide adequate lot and street drainage, the preliminary
plat of the subdivision may be approved.
[1960 Code, Sec. 13.04.080]
In all subdivisions due regard shall be given to the preservation
of historical sites and natural features such as large trees, watercourses
and scenic views.
[1960 Code, Sec. 13.04.090]
In the case of tentative plats for parts of tracts, where it
appears necessary to the Plan Commission for the satisfactory overall
development of an area, an owner may be required to prepare at least
a street plan of his entire tract based upon proper topographic surveys
before approval of any portion of such plan.
[1960 Code, Sec. 13.04.100]
Whenever an area is subdivided into lots of 40,000 square feet
or more which may at a later date be resubdivided, consideration shall
be given to the street and lot arrangement of the original subdivision
so that additional local streets can be located which will permit
a logical arrangement of smaller lots.
[1960 Code, Sec. 13.04.110]
(A) In their interpretation and application, the provisions of this title
shall be held to the minimum requirements.
(B) Where the conditions imposed by any provision of this title upon
the use of land are either more restrictive or less restrictive than
comparable conditions imposed by any other provision of this Code
or of any other official policy, law, ordinance, resolution, rule
or regulation of any kind, the regulations which are more restrictive,
or which impose higher standards or requirements, shall govern.
(C) This title is not intended to abrogate any easement, covenant or
any other private agreement, provided that where the regulations of
this title are more restrictive or impose higher standards or requirements
than such easements, covenants or other private agreements, then the
requirements of this title shall govern.
(D) If any article, section, subsection, sentence, clause, phrase or
portion of this title is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions of this title.