A. 
Particular attention of the Plan Commission. The Plan Commission, in the examination of subdivision plans for approval, and in the application of this chapter, shall take into consideration the requirements of the community and the best use of the land being subdivided. Particular attention shall be given to width and location of streets, suitable sanitary utilities, stormwater drainage, lot sizes and arrangements, as well as local requirements such as parks and playgrounds, schools and recreation sites, and other public uses.
B. 
Conformity with Comprehensive Plan. The Plan Commission shall especially require that all subdivisions conform to the provisions and conditions of the Comprehensive Plan. Plat approval may be withheld if a subdivision does not conform to the provisions of the Comprehensive Plan.
C. 
Area plan required. Where a tract of land proposed for a subdivision is part of a larger, logical subdivision unit in relation to the Village as a whole, the Plan Commission may, before recommending approval, cause to be prepared a plan for the entire area or neighborhood, such plan to be used by the Plan Commission as an aid in judging the proposed plat.
D. 
Stormwater provisions required. The Plan Commission shall not recommend for approval by the Village Board any plat of subdivision which does not make adequate provision for storm or flood water runoff channels or basins.
E. 
Preservation of natural features. In all subdivisions due regard shall be given to the preservation of natural features such as large trees, watercourses, historical sites or structures, and similar features.
A. 
No land shall be subdivided for any use which is determined by the Plan Commission and the Village Board after investigation by the Village Engineer, to be unsuitable for such use by reason of flooding or bad drainage, adverse earth or rock formation or topography, or any other feature likely to be harmful to the health, safety, or welfare of the future residents in the proposed subdivision or of the community. However, if the subdivider agrees to make improvements which will, in the opinion of the Village Engineer, make the area safe for occupancy and provide adequate lot and street drainage and stormwater detention facilities, the subdivision may then be approved.
B. 
For flood limits refer to: The Dwight Zoning Ordinance and, when available, any Flood Prone Maps as prepared by the Federal government or any Flood Maps prepared by the U.S. Geological Survey.
A. 
Acceptance of designated land. When a final plat of a subdivision has been approved by the Village Board and all other required approvals are obtained and the plat is recorded, that approval shall constitute acceptance for the purpose designated on the plat of all lands shown on the plat as dedicated to the public, excepting street and utility dedications which shall be accepted only after inspection and recommendation by the Village Engineer.
B. 
Refusal of designated land. Whenever a preliminary plan includes a proposed dedication of land to public use and the Plan Commission finds that such land is not required or not suitable for public use, the Plan Commission may either refuse to approve such dedication or require the rearrangement of lots in the proposed subdivision to include such land.
C. 
Minimum dedication. A minimum of 5% of land shall be dedicated for public use, other than land dedicated for streets and rights-of-way, as determined by the President and Board of Trustees and the Plan Commission. Right-of-way not included in minimum dedication.
A. 
Plan to show public land. Whenever a tract to be subdivided includes a proposed street, highway, or parkway, or proposed site for a park, playground, school or other public use as indicated on the Official Map of the Village of Dwight, such space shall be suitably incorporated by the developer into his subdivision plat after proper determination of its necessity by the Plan Commission and the appropriate Village office or other public agency involved in the acquisition and use of each such site.
B. 
Adequate open space required.
(1) 
Floodplain areas. The Village Board may, when it deems it necessary for the health, safety, or welfare of the present and future population of the area and necessary to the conservation of water, drainage, and sanitary facilities, prohibit subdivision of any portion of the property which lies within the floodplain of any stream or drainage course. These floodplain areas shall be preserved from any and all destruction or damage resulting from clearing, grading, or dumping of earth, waste material, or stumps.
(2) 
Park and playground sites. Unless appropriate provision for dedication or donation of park or playground sites has been made by the Village Board in a previous action, any required parks or playgrounds shall be acquired by the appropriate Village, county or state agency.
C. 
Acquisition of land for public use. The Plan Commission shall consider all preliminary plans and adopted or proposed studies related thereto, to determine the need for acquisition for public use of any of the land included in the preliminary plan. Land may be acquired for: parks, playgrounds, or other public recreation areas public purposes as provided by law.
(1) 
Referral to public body. The Plan Commission shall refer the plat to the public body concerned with acquisition for its consideration and report. The Plan Commission may propose alternate areas for such acquisition and shall allow the public body or agency 30 days for reply. The agency's recommendation, if affirmative, shall include a map showing the boundaries and area of the parcel to be acquired and an estimate of the time required to complete the acquisition.
(2) 
Notice to property owner. Upon receipt of an affirmative report from an acquiring agency, the Plan Commission shall notify the property owner and shall designate on the preliminary plan and final plat that area proposed to be acquired by the public body.
(3) 
Duration of land reservation.
(a) 
The acquisition of land reserved by a public agency on the preliminary plan or final plat shall be initiated within 12 months of notification in writing, from the owner that he intends to develop the land. The twelve-month period shall commence from the date of approval of the final plat or the written notification, whichever is later.
(b) 
Failure on the part of the public agency to initiate acquisition within the prescribed 12 months shall result in the removal of the "reserved" designation from the property involved and the freeing of the property for private development.
(4) 
The value of such land shall be established by three qualified appraisers; one of whom shall be appointed by the Plan Commission, one by the subdivider, and one of whom shall be mutually agreed upon by the other two. Should the Village Board decide to acquire such premises, then and in that case, it shall make arrangements to pay the subdivider therefore, the appraised value as determined by the above described appraisers, or a sum that is mutually agreed upon. The Village Board may accept any donation of land as above described should the subdivider desire to contribute the same to the Village.
A. 
Contribution of sites or funds required. No final plat shall be approved until such time as the subdivider shall have fully complied with the provisions of this chapter by either contributing land for public school sites to the school districts situated wholly or in part within the area depicted in such plat or by contributing funds in lieu of contributing land to any such school district, unless such requirements are waived by the Village Board after recommendation by the Plan Commission. Such contribution shall be based on acreage allotments uniquely attributable to the particular subdivision for which approval is sought, determined in accordance with the following criteria:
(1) 
School demographic study. The school demographic study required by § 250-8.03 of this chapter to be prepared and submitted by the developer in conjunction with the Preliminary Plan of Subdivision.
(2) 
Official school district policy. An official resolution from the governing board of each school district affected setting forth the official policy of such school district as to school classifications, maximum number of students for a school in each classification, and the minimum recommended number of acres needed for school sites in each school classification.
B. 
Village Board makes final determination. Upon determination of the specific acreage allotments for each school classification, within each school district, the Village Board may give notice to the subdivider that such acreage allotment represents the burden uniquely and specifically attributable to the development of such subdivision; and the subdivider may thereupon be required to contribute the number of acres which is determined to be the acreage allotment to each school district affected and to enter into an agreement with such school districts for the subsequent improvement of said land, so that the site or sites shall be improved land as herein defined.
C. 
Transfer of site to public. Such contribution to each school district may be made either by a legal dedication of such acreage allotment and the land represented thereby, by indication on the final plat so dedicating such property to said school district, or by conveying fee simple title thereto by separate instrument of conveyance.
D. 
Contribution of site prior to final plat approval. Dedication or conveyance of such title may be a condition precedent to the approval of the final plat. If the Village Board finds that it would not be in the best interests of the school districts to require the dedication of all or a portion of school sites within a given subdivision, the Village Board may require the subdivider to contribute funds, in lieu of such acreage allotment, to such school districts.
E. 
Site improvements covered by letter of credit. All land improvements required by this chapter shall be provided for all dedicated public lands to the extent they are required for non-public lands within a subdivision and shall be included in any agreement as required by this chapter.
F. 
Contribution of funds in lieu of site. In the event that it is determined by the Village Board that it is not in the best interest of the school districts to require any such dedication or conveyance of land, the Village Board may then require the subdivider to pay to any such school district, in lieu of such acreage allocations for each school classification, a reasonable sum of money found to be the fair cash market value of the total allotment, said sum to be determined by multiplying the number of acres by the fair cash market value of each acre of improved land. Such sum of money is hereinafter referred to as "in lieu funds."
G. 
Payment of in lieu funds. Upon determining the amount of in lieu of funds due from a subdivider, the Village Board may require that such funds be paid to any such school districts either in lump sum prior to approval of the final plat or that such funds be paid on an installment basis as initial occupancy of each family unit occurs. Such installment payments shall be determined as follows:
A "per student allocation" shall be determined by dividing the estimated number of children from each subdivision who shall be served by each elementary, Jr. High and High School of each school district as determined by the School Demographic Study accompanying the preliminary plan, into the total in lieu funds found to be due in lieu of the acreage allotment pertaining to such school classification. The quotient therefrom shall be the "per student allocation" for each school classification for each school district. Thereupon, the Village Board may determine the percentage of estimated children to be served by each such school classification from each family unit, and may apply each percentage against the per student allocation for each school classification for each school district, thereby determining the payment to be made by the subdivider as each family unit is initially occupied.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
Contribution of and development of detention ponds or funds required. No final plat shall be approved until such time as the subdivider shall have fully completed with the provisions of this chapter by either submitting detailed plans and specifications for the development of stormwater detention ponds on the property to be subdivided, or, shall agree to deposit funds for the development of stormwater detention ponds (as required by the development of his subdivision) to be constructed off the site in an area designated by the Village of Dwight.
B. 
Engineering studies. The developer, at his expense, shall hire a professional engineer, registered in the State of Illinois to prepare a detailed study of the detention required by his subdivision.
C. 
Location of detention ponds.
(1) 
After the required stormwater detention has been determined, as specified in Subsection A above, these calculations shall be submitted to the Village for review by the Village Engineer.
(2) 
If the detention area required to serve the proposed subdivision is three acre feet in size or more, the detention pond shall be constructed as part of the subdivision improvements.
(3) 
In subdivisions where less than three acre feet of detention is required, the developer shall deposit with the Village of Dwight, the funds necessary to provide for construction of the required detention facilities in conjunction with the required detention facilities off the site and as designated by the Village of Dwight.
D. 
Determination of the cost of off-site detention ponds.
(1) 
If it is has been determined (by the criteria specified in Subsection C above) that the detention pond is to be constructed off the site of the subdivision, the developer, at his expense, shall have a professional engineer, registered in the State of Illinois, prepare an estimate of the cost to construct the detention pond on the site, including the comparable cost of the land. The estimate shall be submitted to the Village for review by the Village Engineer.
(2) 
Upon approval by the Village, the funds in the amount of the approved estimate shall be deposited with the Village of Dwight in lieu of the construction of the detention pond on the site. Once deposited with the Village, the funds shall become the property of the Village of Dwight. If said funds are on deposit with the Village for more than 10 years, they may be transferred to the General Fund and used for any lawful purpose as designated by the President and Board of Trustees.
A. 
Any plat or any part of a 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 Village Board in like manner as plats of subdivisions. The Village Board may reject any such instrument which abridges or destroys any public rights in any of its streets. Such an instrument shall be executed, acknowledged or approved, and recorded, or filed, in the 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, and public grounds, and all dedications laid out or described in such plat.
C. 
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. 
Interpretation and scope. Any division of a lot, parcel, or tract of land into two or more parcels or building sites, of five acres or more in size, and not requiring the development and/or installation of any new street or easement of access, shall be subject to the provisions of this section.
B. 
Preliminary consultation required. Prior to the submission of the certified Plat of Survey required herein, the divider shall meet with the Plan Commission for the purpose of minimizing the risk of objections to, or rejection of, the prepared Plat of Survey, and for the purpose of ascertaining the problems and requirements affecting his property.
C. 
Procedure for approval.
(1) 
The owner or subdivider shall file with the Village Clerk 10 contact prints of a certified Plat of Survey showing the proposed division of such lots, blocks, parcels, or tracts of land. Ten prints of the Plat of Survey shall be forwarded to the Plan Commission at least 10 days before the next meeting of the Plan Commission. Not more than 15 days after the meeting at which the Plat of Survey is referred to the Plan Commission, the Chairman of the Plan Commission shall notify the owner or divider whether a new street or easement of access is required. In the event that a new street or easement of access is required, the notice shall stipulate that an application for final plat approval containing such maps, certifications and supporting documents as required by the Plan Commission shall be filed with the Village Clerk for processing as herein set forth in this chapter.
(2) 
The Plan Commission shall recommend to the Village Board, within 40 days approval, approve conditionally, or reject the proposal. The Village Board shall be notified in writing of any conditions of approval or the reasons for rejection.
D. 
Requirements for approval.
(1) 
Compliance with this chapter. To the extent reasonably practicable, the division of land shall comply with the provisions of this chapter governing general requirements, design standards, and required improvements.
(2) 
Survey. The survey shall be performed and the map prepared by a Registered Illinois Land Surveyor.
(3) 
Monuments. All corners shall be monumented as follows:
(a) 
All lot corners shall be monumented in the field by iron pipes at least 24 inches long and one inch in diameter, or by round or square iron bars at least 24 inches long.
(b) 
The lines of lots that extend to rivers or streams shall be monumented in the field by iron pipes at least 30 inches long and one inch in diameter or by round or square iron bars at least 30 inches long. These monuments shall be placed at the point of intersection of the river or stream lot line with a meander line established, not less than 20 feet back from the bank of the river or stream.
E. 
Certificates and affidavits.
(1) 
Affidavits required. The survey map shall include the affidavit of the surveyor who surveyed and mapped the parcel, typed, lettered, or reproduced legibly with non-fading black ink, giving a clear and concise description of the land surveyed by bearings and distances, commencing with some corner marked and established in the U.S. Public Land Survey or some corner providing reference to a corner marked and established in the U.S. Public Land Survey. Such affidavit shall include the statement of the surveyor to the effect that he has fully complied with the requirements of this section.
(2) 
Certificates required. The certificate of approval of the Plan Commission shall be typed, lettered, or reproduced legibly with non-fading black ink on the face of the survey map.
F. 
Filing of the survey map. The survey map shall be filed by the Village and recorded with the Recorder of Deeds of Livingston County.