The following offices of the government of the Village of Dwight are concerned with the administration of this chapter.
A. 
The Village Board. The Village Board is vested with the following responsibilities in regard to subdivision control:
(1) 
Plans and plats. Approval or disapproval of all preliminary plans and final plats referred to it by the Plan Commission.
(2) 
Variations. Approval or disapproval of all variations and exceptions after recommendation by the Plan Commission.
(3) 
Amendments. Amendment of the regulations of this chapter when found necessary and desirable after review by the Plan Commission.
(4) 
Enforcement. Initiation of appropriate proceedings to enforce the provisions of this chapter.
B. 
The Village Plan Commission. The Plan Commission shall have the following duties:
(1) 
Maintain ordinance. Maintain permanent and current records of this chapter, including amendments thereto.
(2) 
File plans and plats. Receive and file all preliminary plans and final plats (together with applications).
(3) 
Liaison with concerned agencies. Forward copies of the preliminary plan to other appropriate offices and agencies for their recommendations and report.
(4) 
Liaison with Village Board. Forward with recommendations to the Village Board all preliminary plans.
(5) 
File all checked plats. Receive and file all final plats, and check their compliance with the preliminary plan.
(6) 
Forward plats to Village Board. Forward with recommendations to the Village Board all final plats.
(7) 
Other determinations. Make all other determinations required by the regulations herein.
C. 
The Village Engineer.
(1) 
Review of plans. The Village Engineer shall review all preliminary subdivision plans and make determinations in the areas of design standards and engineering specifications, as stipulated herein.
(2) 
Inspection of work. The Village Engineer shall inspect all improvements required by this chapter both during construction and after completion to insure compliance with this chapter and with good construction practice.
(3) 
Conflict of interest. The Village Engineer may not be retained by a subdivider to perform engineering work in any subdivision without the express approval of the Village Board of Trustees.
A. 
President and Board of Trustees to administer ordinances. It shall be the duty of the President and Board of Trustees of the Village of Dwight to administer this chapter and to bring violations or lack of compliance herewith to the attention of the Village Attorney.
B. 
Compliance required before sale of lots or issuance of building permits. No owner, or agent of the owner, of any part of land located in a proposed subdivision shall transfer or sell such parcel, nor shall any public official issue a building permit for the construction of buildings or structures within a proposed subdivision, before the final plat of said subdivision has been approved by the Village Board, in accordance with the provisions of this chapter, and filed with the Recorder of Deeds of Livingston County, Illinois.
C. 
Use of metes and bounds measure prohibited. The subdivision of any lot or any parcel of land of metes and bounds for the purpose of sale, transfer, or lease with the intent of evading this chapter will not be permitted. All such described subdivisions shall be subject to all of the requirements and regulations contained in this chapter.
D. 
Compliance required before plat approval. No final plat of subdivision shall be approved which does not comply with all the provisions of this chapter.
A. 
Hardships. Where the Plan Commission finds that extraordinary hardships or particular difficulties regarding the physical development of land may result from strict compliance with these regulations, it may recommend variations or exceptions to the regulations so that substantial justice may be done and the public interest secured, provided that such variation or exception shall not have the effect of nullifying the intent and purpose of this chapter; and further provided the Plan Commission shall not recommend variations or exceptions to the regulations of this chapter unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) 
Public welfare protected. The granting of the variation will not be detrimental to the public safety, health, or welfare or injurious to other property or improvements in the neighborhood in which the property is located;
(2) 
Unique conditions. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property;
(3) 
Particular physical conditions. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out.
B. 
Conditions. In recommending variations and exceptions, the Plan Commission may require such conditions as will, in its judgment secure substantially the objectives of the standards or requirements of this chapter.
C. 
Procedure. A petition for any such variance shall be submitted in writing by the subdivider at the time the preliminary plan is filed for consideration by the Plan Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
D. 
Recommendations. Such variations and exceptions as may be recommended by the Plan Commission shall be forwarded to the Village Board in writing, substantiating the recommended variations and/or exceptions. The Village Board may approve such variations or exceptions from the requirements of this chapter in specific cases as listed on the final plat, which in its opinion do not adversely affect the adopted Comprehensive Plan or the intent and purpose of this chapter.
All of such plats of subdivisions, after the same have been submitted and approved as provided in this chapter, shall be copied upon a book of plats of said Village of Dwight and shall be filed and kept by the Village of Dwight.
If any section, subsection, sentence, clause or phrase of this chapter is adjudged to be void, such decision shall not affect the validity of the remaining portions of this chapter.
All ordinances or parts of ordinances in conflict with the provisions of this chapter are to the extent that such conflict exists hereby repealed.
For the purpose of promoting the public health, safety, and general welfare, the Village Board may from time to time amend the regulations imposed by this chapter. The Plan Commission shall hold a public hearing on proposed amendments and make recommendations thereon to the Village Board.
A. 
Authority. The regulations imposed under the authority of this chapter may be amended from time to time, by ordinance in accordance with the applicable statutes of the State of Illinois. An amendment shall be granted or denied by the Village Board of Trustees only after public hearing before the Plan Commission and a report of its findings and recommendations has been submitted to the Village Board of Trustees.
B. 
Initiation of amendment. Amendments may be proposed by the Village Board, by the Plan Commission, other governmental bodies, or by any resident of or owner of property within the jurisdictional limits of this chapter.
C. 
Processing. An application for an amendment shall be filed with the Village Board and thereafter introduced to the Village Board of Trustees. Such application shall be forwarded from the Village Board to the Plan Commission with a request to hold a public hearing. Notice shall be given of the time and place of hearing, not more than 30 nor less than 15 days before the hearing, by publishing a notice thereof at least once in one or more newspapers with a general circulation within Dwight.
D. 
Decisions. The Village Board, upon report of the Plan Commission and without further public hearing, may grant or deny any proposed amendment in accordance with the applicable statutes of the State of Illinois, or it may refer it back to the Plan Commission for further consideration.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
A. 
Any person, firm, or corporation who fails to comply with, or violates, any of the provisions of this chapter, shall be subject to the penalty prescribed in § 1-12 of this Code, and each day the violation continues shall be considered a separate offense.
B. 
Whoever shall sell or offer for sale, lease or offer for lease, while this chapter is in effect any lot or lots or block or blocks, within the incorporated limits of the Village of Dwight, or any resubdivision of any lot or block therein, or within contiguous territory and not more than 1 1/2 miles beyond the incorporated boundary of the Village of Dwight, before a final plat of subdivision has been approved by the Plan Commission and the Village Board of Trustees as required by this chapter, shall be subject to the penalty prescribed in § 1-12 of this Code for each lot, block, or part thereof so disposed of, offered for sale or leased.
[Amended 10-28-2024 by Ord. No. 1524]
A. 
Conditions. In order to cover the administrative costs of approval of a subdivision, renovation of existing infrastructure, or general construction, the developing party shall pay a fee as outlined in the Developer Reimbursement Agreement, as provided by the Village, at the time the application for approval of a preliminary plan is submitted. The Developer Reimbursement Agreement as provided by the Village is to be signed by the property owner and developer in which they agree to fully reimburse the Village for all fees, costs and expenses directly or indirectly incurred by the Village, including reviewing of the preliminary and final plats by Village Staff, the Village Engineer, Village Attorney, Planning Consultant and third-party consultation. For purposes of this provision, a Developer Reimbursement Agreement shall automatically be required, but not limited to strictly only, all development, renovations or construction of projects four units or larger. The property owner and developer shall further deposit $500 to be detained by the Village to ensure prompt payment of fees as required under the reimbursement agreement. If the developer fails to pay, these funds may be applied to pay fees.
B. 
Recording fees. The subdivider shall also bear the cost of recording the plat.
This chapter shall be in full force and effect from and after its passage, approval and publications as required by law.
The chapter shall be in full force and effect from and after its passage and publication according to law.