[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
No plat of any subdivision shall be valid or entitled to be
recorded unless and until it has been approved by the Village Board,
upon favorable recommendation of the Plan, Zoning and Development
Commission if within the corporate limits of the Village, or if outside
the corporate limits and within the area under the jurisdiction of
the Village, as provided by statute.
[Ord. 90-4, 5-21-1990, § 1]
Before subdividing any tract or parcel of land in the Village,
an owner or subdivider shall submit a preliminary plat and a final
plat to be acted upon by the Village in accordance with the requirements
of this chapter.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
When there is presented to the Village Board of Trustees for
approval a plat for the subdivision or resubdivision of a small tract
of land within the corporate limits, if the Board of Trustees after
consideration thereof and recommendation thereon by the Plan, Zoning
and Development Commission, is of the opinion that the intent and
purpose of this chapter are not violated, the Board of Trustees may
approve such plat without requiring further procedure other than the
filing of three copies of the plat with the Village Clerk.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
It is recommended, before submitting a preliminary plat for
official filing, that the subdivider consult with the Village or meet
with the Plan, Zoning and Development Commission for advice and assistance.
This step requires an application to be completed and a fee of $175
to be paid. The filing of a plat with the Village is not necessary,
but a preliminary sketch may be included. In the event an application
for the public hearing is subsequently filed, the $175 fee will be
credited toward the public hearing fee.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
Three prints of a preliminary plat with necessary supporting
sheets which shall constitute a part thereof, showing the proposed
plan of subdivision shall be submitted to the Village Clerk on behalf
of the Village Board, along with the required filing fee. Such plat
shall show and give the following information insofar as possible:
(a)
Identification and Description.
(1)
The proposed name of the subdivision.
(2)
The location by township, section, town and range, or by other
legal description.
(3)
The names and addresses of the owners, the developer and the
designer who made the plat, and the title under which the proposed
subdivision is to be recorded.
(4)
The scale of the plat, which shall not be smaller than one inch
to 100 feet.
(b)
Delineation of Existing Conditions.
(1)
The boundary lines of the proposed subdivision indicated by
a solid heavy line and a notation of the approximate total acreage
encompassed thereby.
(2)
The location, widths and names of all existing streets or other
public ways, railroad and utility rights-of-way, easements, parks
and other public spaces, permanent buildings and structures, and section
and corporation lines within and adjacent to the tract.
(3)
The exact locations of existing sanitary and storm sewers, water
mains, culverts and other underground facilities within the tract
and to a distance of 100 feet beyond the tract and the invert grade
elevations of catch basins, manholes and culverts.
(4)
The boundary lines of adjacent properties for a distance of
not less than 100 feet from the proposed subdivision. Ownership of
these properties shall be shown wherever possible.
(5)
The existing zoning classifications of the proposed subdivision
and adjacent tracts.
(6)
Topographic data within the tract and on adjacent properties
for a distance of not less than 100 feet beyond the tract including
existent contours at vertical intervals of not more than two feet,
except in such unusual topographical conditions which demand one foot
intervals as determined and required by the Village Engineer. The
location of watercourses, marshes, floodplains, drainage patterns
and facilities, vegetative cover and other significant natural or
man-made features shall be indicated. Soil-boring data and seepage
tests may be required at locations and depths as determined by the
Village Engineer.
(7)
The locations of or reference to locations of existing monuments
or survey markers used in preparation of surveys and the grade elevation
of each monument and marker.
(8)
The owner and engineer's certification regarding the effect of construction of such subdivision on the drainage or surface waters, using language as herein set forth in Section
46-2-3-3 of this chapter.
(9)
A general description of predominant soil types on the tract,
their location and their limitations for the proposed use.
(c)
Delineation of Proposed Conditions.
(1)
The street system, excluding right-of-way widths and street
names with proposed through streets shown extending to the boundaries
of the subdivision. Proposed streets which are obviously in alignment
or are a continuation of existing streets already named shall bear
the name of the existing street. In no case shall the name for the
proposed streets duplicate or be confused with existing street names
in the Village or within 1 1/2 miles of the corporate limits
thereof, irrespective of the use of the suffix street, avenue, road,
boulevard, drive, place or court or an abbreviation thereof.
(2)
The location and width of alleys, pedestrianways and utility
easements. Drainage easements are the only ones which need to be shown
in detail. Other easements may be shown in a tentative location.
(3)
The layout, numbers and typical dimensions of blocks and lots
scaled to the nearest foot, and the proposed land use for each lot,
parcel or tract.
(4)
The building setback lines, indicating dimensions.
(5)
The proposed Village zoning districts for subdivisions to be
annexed into the Village prior to filing the final plat or to be rezoned
from its existing classification prior to filing final plat.
(6)
The areas, other than those listed in Subsections (c)(1), (c)(2)
and (c)(3) of this section, intended to be dedicated or received for
community facilities, indicating for each the approximate acreage.
Such areas shall be designated by letter or number.
(7)
The lots or parcels of land not suitable for construction, where
known, and not intended for dedication or temporarily reserved for
public use.
(8)
An outline of protective covenants if applicable.
(9)
A general description of the type, kind, character and extent
of required improvements proposed to be constructed or installed.
(10)
Such other information or data that the Plan, Zoning and Development
Commission may require for the full and complete consideration of
the proposed plan of the subdivision.
(11)
The areas and acreage proposed to be excavated, graded and filled,
sodded or seeded and vegetatively stabilized or left undisturbed.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
(a)
All preliminary plats filed with the Village Clerk shall be
deemed to be automatically referred to the Plan, Zoning and Development
Commission for its consideration and approval or disapproval. Plats
shall be submitted at least 10 days prior to the date of the meeting
at which they are to be considered.
(b)
The Plan, Zoning and Development Commission shall rule on the
preliminary plat within 60 days following receipt of the plat from
the Village Clerk. The Plan, Zoning and Development Commission may
require such changes or revisions as are deemed necessary in the interests
and needs of the community, in keeping with the provisions of this
chapter. In the event that the plan involves special problems, or
is in conflict with the Plan, Zoning and Development Commission's
planning studies, the Plan, Zoning and Development Commission shall
notify the owner or subdivider as to the time and place of the Plan,
Zoning and Development Commission meeting at which he shall be afforded
an opportunity of being heard.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
(a)
The approval of a preliminary plat by the Plan, Zoning and Development
Commission and the Village Board is strictly tentative involving merely
the general acceptability of the layout as submitted.
(b)
The Plan, Zoning and Development Commission may require such
changes or revisions as are deemed necessary in the interest and needs
of the community, in keeping with the provisions of this chapter.
(c)
No land will be approved for subdivision which is subject to
periodic flooding or which contains inadequate drainage facilities
unless such areas become a unified part of contiguous lots or parcels
not subject to flooding; however, if the subdivider agrees to make
improvements which will, in the opinion of the Village Engineer, make
such land completely safe for residential or commercial occupancy
providing adequate drainage, subdivision of such land may be approved.
(d)
Conditional approval shall be effective for not more than 12
months following the date of approval by the Village Board unless,
upon written application by the subdivider, a written extension of
time is granted by the Plan, Zoning and Development Commission. Where
less than the entire land as shown on the preliminary plat is contained
in the initial final plat to be filed for record, such recordation
shall automatically extend the approval of the unrecorded balance
of the preliminary plat for the successive twelve-month period. If
the final plat has not been recorded within this time limit, the preliminary
plat must again be submitted to the Plan, Zoning and Development Commission
for approval.
(e)
Approval of a preliminary plat shall not constitute a waiver
of any improvement requirements set up by ordinance of the Village
subsequent to this approval but prior to submission of the final plat.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
Upon approval of the preliminary plat by the Plan, Zoning and
Development Commission, the following statement signed by the Chairman
shall be placed on each print and map comprising the preliminary plat.
NOTICE OF CONDITIONAL APPROVAL
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Notice is hereby given that this preliminary plat has received
the conditional approval of the Plan, Zoning and Development Commission
of the Village of Elmwood Park, subject to,___________ and that the
Plan, Zoning and Development Commission is now ready to receive the
final plat for consideration.
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Chairman, Plan, Zoning and Development Commission
of the Village of Elmwood Park
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[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
Within 30 days after approval of the preliminary plat by the
Plan, Zoning and Development Commission, it shall be either approved
or disapproved by the Village Board.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
The prints comprising the preliminary plat shall, upon approval,
be distributed as follows:
(a)
One print shall be retained by the Plan, Zoning and Development
Commission.
(b)
One print shall be retained by the Village Engineer.
(c)
One print shall be returned to the subdivider.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
If the preliminary plat and plans for specifications required
by this chapter are finally disapproved by the Plan, Zoning and Development
Commission, one print of the proposed preliminary plat and one copy
of the proposed plans and specifications for land improvements shall
be retained by the Plan, Zoning and Development Commission and the
remaining copy returned to the subdivider with a written statement
of the reasons for such disapproval. If this plan is refiled within
six months and is essentially a revision of the previously disapproved
plan, 1/2 of the filing fee shall be waived. If it is essentially
a new plan or is not presented within the six month time limit, the
payment of the full filing fee shall be required.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
(a)
Subsequent to conditional approval of the preliminary plat,
but prior to submission of the final plat, the developing engineer
and the Village Engineer shall cooperate on a consideration of the
proposed plans, specifications and engineering calculations of such
features as the water supply and water distribution system; sanitary
sewerage system, including mains and sewerage disposal or treatment
facilities; stormwater drainage system; gas, telephone and electrical
service easements; street lighting; street name signs; fire hydrants;
grading, gradients and widths of roadways and sidewalks, the paving
of roadways and sidewalks; and proposed detailed grading plat of blocks
and lots.
(b)
Prior to review of the final plat by the Plan, Zoning and Development
Commission, the Village Engineer and other public officials having
jurisdiction shall approve or make recommendations for revisions in
the proposed plans and specifications and they shall certify approval
of final plans and specifications prior to approval of the final plat
by the Plan, Zoning and Development Commission.
(c)
Within 12 months after receiving the last required approval
of the preliminary plat and supporting documents by the Plan, Zoning
and Development Commission and the Village Board or a period of time
beyond 12 months that may be granted by the Plan, Zoning and Development
Commission upon formal request in writing, there shall be submitted
to the Plan, Zoning and Development Commission a final plat of all
or part of the area included in the approved preliminary plat. The
original tracing of the final plat plus all copies required by the
Village, along with all construction plans and specifications and
other supporting documents shall be submitted to the Plan, Zoning
and Development Commission.
(d)
The final plat shall retain the design characteristics of the
approved preliminary plat. The plat and supporting documents shall
be submitted to the Plan, Zoning and Development Commission through
the Village Engineer. The Village Engineer will immediately notify
the subdivider when, upon checking the documents, he finds that all
of the requirements of this chapter have not been met so that the
necessary changes can be made or missing documents supplied. In no
case shall the Village Engineer forward the final plat to the Plan,
Zoning and Development Commission until all the required supporting
documents have been submitted.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
The final plat shall show the following:
(a)
Identification and Description.
(1)
The proposed name of the subdivision.
(2)
The location by township, section, town and range or by other
legal description.
(3)
The names and addresses of the owner, the developer and the
designer who made the plat, and the title under which the proposed
subdivision is to be recorded. This plat shall be certificated by
a registered land surveyor of the State.
(4)
The scale of the plat, not smaller than one inch to 100 feet.
(b)
Delineation.
(1)
The boundary of the plat based on an accurate traverse, with
angular and linear dimensions. The error of closure of such boundary
line survey shall not exceed standards established by the Village
Engineer.
(2)
The exact locations, widths and names of all streets within
and adjoining the plat, and the exact location and widths of all alleys
and crosswalks. Proposed street names shall be in conformity with
the street naming plan of the Village.
(3)
The true angles and distances to the nearest established street
lines or official monuments, not less than two of which shall be accurately
described on the plat.
(4)
The locations of all permanent lot markers as actually installed,
or to be installed. Lot markers shall be installed in accordance with
Village standards.
(5)
The Municipal, township or section lines accurately tied to
the lines of the subdivision by distances and angles.
(6)
The radii, internal angles, points of curvature, tangents, bearings
and lengths of all curves.
(7)
All easements of rights-of-way for public service utilities
or other purposes. All easements shall also be drainage easements.
(8)
All lot and block numbers with their lines accurately dimensioned
in feet and hundredths and where an angle occurs in any lot line between
lot corners, the measurement of the angle shall be shown in degrees,
minutes and seconds.
(9)
The building setback lines accurately shown and dimensioned
in feet and hundredths.
(10)
Accurate outlines and legal descriptions of any areas to be
dedicated or reserved for public use, with the purposes indicated
thereon, and of any area to be reserved by deed covenant for the common
use of all property owners. When the tract dedicated or reserved for
public use is not within the corporate limits of the Village, the
certificate of dedication shall provide that the future official act
of annexation of such tract to the Village shall constitute a transfer
of title to the Village for such public use.
(c)
Appropriate Certificates. Appropriate certificates shall be
submitted as follows with the final two certificates last and in the
order listed.
(3)
County Clerk certificate.
(4)
Certificate as to special assessments.
(6)
Plan, Zoning and Development Commission certificate.
(7)
Village Board certificate.
(d)
Size of Plat. In order to comply with requirements for recording,
each plat shall be at least 8 1/2 inches by 14 inches but no
more than 30 inches by 36 inches in size.
[Ord. 90-4, 5-21-1990, § 1; Ord. 97-35, 10-20-1997, § 1; Ord.
2015-37, 8-17-2015]
The following supporting documents shall be submitted:
(a)
A statement signed by the subdivider setting forth the public
improvements he proposes to make in the subdivision and agreeing to
make such improvement at his own expense, including all costs of inspection
by the Village Engineer during construction, within the time limit
agreed to by the subdivider and the Plan, Zoning and Development Commission,
and to maintain such improvements for one year after their formal
acceptance by the Village Board. This agreement shall provide for
the method of selection of the contractors engaged to construct the
improvements, require their approval by the Village Engineer and require
them to submit evidence and indemnify the Village against any loss
or damage to persons or property during the course of the work. Such
agreement is subject to approval of the final plat by the Village
Board. Protective covenants which meet the approval of the Plan, Zoning
and Development Commission shall be lettered on the final plat or
appropriately referenced thereon.
(b)
Specifications and drawings including profiles, cross sections
and details as applicable, of all proposed public improvements. Elevations
shall be referred to the standard Village datum. Evidence shall be
submitted by virtue of engineering calculations that the local utilities
can satisfactorily serve the area by the utility easements shown.
(c)
Complete estimates of costs of all proposed public improvements,
including costs of engineering and inspection.
(d)
A statement signed by the Village Engineer approving the specifications,
drawings and estimates of costs.
(e)
A duly executed performance bond by the subdivider, with corporate
sureties to be approved by the Village Board of Trustees. The bond
shall be filed with the Village Clerk in an amount equal to 100% of
the estimate of the costs of construction of all improvements. The
bond shall be certified by the Village Attorney as good, valid and
enforceable by the Village, securing the satisfactory completion of
all improvements in accordance with the description, plans, profiles
and specifications submitted by the subdivider and approved by the
Plan, Zoning and Development Commission.
(f)
In lieu of the performance bond provided for in Subsection
(e) of this section, the subdivider may deposit cash or establish an escrow account in the amount of 100% of the estimate for the total cost of the improvements with the Finance Director, which money is to be disbursed by him from time to time upon receipt of payment estimates signed by the Village Engineer, the developer and the Village President. The maximum amount to be disbursed shall be 90%. The remaining 10% shall be held as a maintenance bond or can be replaced by a surety bond to be held until the end of the maintenance period.
(g)
Written evidence from the proper governmental agencies of their
willingness to approve of the acceptability of locations which are
reserved for public use but not dedicated.
(h)
A house numbering address map.
(i)
Statements or protective covenants which meet with the approval
of the Plan, Zoning and Development Commission.
(j)
A certificate signed by a registered professional engineer and
the owner of the land or his attorney which shall read as follows:
STATE OF ILLINOIS)
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)
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COUNTY OF COOK)
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To the best of our knowledge and belief, the drainage of surface
waters will not be changed by the construction of such subdivision
or any part thereof, or, that if such surface water drainage will
be changed, adequate provision has been made for collection and diversion
of such surface waters into public areas, or drains which the subdivider
has a right to use, and that such surface waters will not be deposited
on the property of adjoining land owners in such concentrations as
may cause damage to the adjoining property because of the construction
of the subdivision.
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Dated this _____ day of _____, 20_____
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ENGINEER
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OWNER OR ATTORNEY
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[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
(a)
Approval and Recommendation of Plan, Zoning and Development
Commission.
(1)
The Plan, Zoning and Development Commission shall rule on the
final plat within 60 days following receipt of the plat from the subdivider.
In the event of a special problem, the Plan, Zoning and Development
Commission may notify the owner or subdivider as to the time and place
of the Plan, Zoning and Development Commission meeting at which he
will be afforded an opportunity of being heard; however, should the
Plan, Zoning and Development Commission require an amendment of the
final plat, the time for ruling on the final plat with amendments
may be extended 30 days after receipt of such amendments from the
subdivider.
(2)
When the Plan, Zoning and Development Commission has approved
the final plat, with amendments if any, it shall be signed by the
Chairman and attested by the Recording Secretary on the form provided.
(3)
After approval by the Plan, Zoning and Development Commission,
the final plat shall be transmitted to the Village Board together
with a letter of transmittal calling attention to all variations,
if any, approved by the Plan, Zoning and Development Commission and
its reasons for approving them and conveying to the Village Board
such other information as the Plan, Zoning and Development Commission
may deem necessary. The Plan, Zoning and Development Commission shall
also transmit to the Village Board the supporting documents submitted
with the final plat.
(b)
Approval By Village Board. When the Village Board is satisfied
with the final plat and the supporting documents submitted therewith,
it shall by resolution approve the plat and authorize its President
to sign the approval form provided. Such approval shall be attested
by the Village Clerk and sealed with the Corporate Seal of the Village.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
Upon approval of the final plat by the Village Board, the signed
copies of the final plat and supporting documents shall be distributed
as follows:
(a)
The original tracing and all necessary copies shall be forwarded
to the Village Clerk for recording purposes;
(b)
One print shall be returned to the subdivider for his files;
and
(c)
One print shall be retained in the Plan, Zoning and Development
Commission files.
[Ord. 90-4, 5-21-1990, § 1]
When all requirements prior to recording have been complied
with, the Village Clerk shall record the final plat, along with all
necessary copies, with the County Recorder. The Village Clerk shall
also file one true and exact copy with the County Board of Election
Commissioners. The original recorded plat shall be retained by the
Village Clerk on file.