Galesburg City Zoning Code
SUBDIVISION PROCEDURES
§ 152.260 WHEN REQUIRED.
It shall be unlawful for the owner, agent or person having control of any land within the corporate limits of the city or within one and one-half miles of its corporate limits, to subdivide or lay out land into lots, blocks, streets, avenues, alleys, public ways and grounds, unless by plat in accordance with the laws of the state and the provisions of this DO.
(Ord. 10-3277, § 4-2.1, passed 1-4-2010) Penalty, see § 152.999
§ 152.261 TYPES OF SUBDIVISIONS AND OVERVIEW OF APPROVAL PROCESS.
(A) Plat of consolidation. All or a portion of adjacent residential properties may be combined upon compliance with the following conditions.
(1) (a) The owner or owners of the zoning lot shall file for record in the office of the County Recorder a deed, duly executed and acknowledged, which deed contains the legal description of all parcels to be included in the new zoning lot (and the remaining reduced lot if applicable), and contains a statement by the owner or owners that the property therein described shall not be conveyed separately without the written consent of the Director of Community Development or his or her designee.
(b) This consent shall be given by the Director, if, after inspection, it appears that no violations of the zoning ordinance or other ordinances of the city would be created by the separate conveyance of the lots of record contained in the zoning lot.
(2) Adjacent lots may be combined in their entirety or a portion of one lot may be transferred to an adjacent lot through this consolidation process to create one larger lot for development purposes.
(3) The separate tracts of land to be conveyed or designated for building permit purposes because of the consolidation, shall not be less than dimensions required to secure the minimum lot widths and minimum lot areas as specified in this DO.
Figure 152.261
(4) As a result of the reduction or consolidation as authorized in this section, no remaining part of an original subdivision shall become a separately described tract having less than the minimum dimensions required to secure the minimum lot widths and the minimum lot areas as specified in this DO.
(5) Upon approval by the Director of Community Development or his or her designee, the Inspection Division, subject only to other applicable provisions of this code, is authorized to issue the building permit requested for any separately described tract designated and set forth upon the proposed plat, notwithstanding any provision of this DO to the contrary.
Figure 152.261(A)(5): Consolidated Lot
(B) Minor plats. Plats that consist of three lots or less and which do not require the installation of public improvements other than sidewalks may be considered minor plats.
(C) Subdivision plat. Any division of land that is not a plat of consolidation or a minor plat shall be considered a subdivision.
(1) There are three required steps in the subdivision process:
(a) Pre-application conference;
(b) Planning and Zoning Commission review and recommendation; and
(c) City Council review and approval.
(2) Each step of the process shall generally be completed before initiating the next step.
(Ord. 10-3277, § 4-2.2, passed 1-4-2010; Ord. 12-3343, passed1-23-2012; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)
§ 152.262 MINOR PLAT.
(A) Submission to city.
(1) The minor plat shall consist of an accurate map or plat designating specifically the land so laid out and particularly describing the lots, blocks and sidewalks intended to be dedicated for public use or for the use of purchasers or owners of lots fronting thereon or adjacent thereto.
(2) The minor plat shall be submitted in both print and electronic (in CAD format as approved by City Engineer and as a PDF) forms. Five copies of the printed plat shall be submitted, together with copies of any deed restrictions where the restrictions are too lengthy to be shown on the plat, shall be submitted to the Commission. If the proposed subdivision lies wholly or partly outside the corporate limits of the city, copies of the minor plat shall also be filed with the County Zoning Department.
(3) The minor plat shall be drawn to a scale of 100 feet to one inch or larger (i.e., one inch equals 50 feet), from an accurate survey and on one or more sheets whose maximum dimensions shall not exceed 24 inches by 36 inches.
(4) If more than two sheets are required, an index sheet of the same dimensions shall be filed showing the entire subdivision on one sheet and the component areas shown on the other sheets.
(5) It shall be the duty of the Building Inspector to post a sign on the premises proposed to be subdivided not less than ten days before the Planning and Zoning Commission meeting, giving notice of the hearing and the time and place of the meeting.
(B) Information required. The minor plat shall include on its face the following:
(1) Existing property lines, section lines, streets, watercourse(s), property identification numbers (PIN) and other existing features within the area to be subdivided and similar information regarding land immediately adjacent thereto;
(2) Contours showing existing topography at not greater than one-foot intervals giving benchmarks with topographic data obtained from a field survey;
(3) The location of all existing trees greater than eight inches in diameter (as measured at four and one-half feet above the existing grade at the base of the tree) and the identification, size and condition of all trees being removed or impacted by development;
(4) The proposed location and width of streets, alleys and lots;
(5) The location of all easements provided for public use service, drainage or utilities;
(6) Existing sanitary and storm sewers, water mains, fire hydrants, culverts and other underground structures within the tract or on streets immediately abutting thereto; the location and size of the nearest water main and sewer outlet;
(7) The boundary lines of the area being subdivided with accurate distances and angles. The correct legal description of the property being subdivided shall be shown on the plat or on an accompanying certificate;
Figure 152.262: Process for Submission of Minor Plat
(8) The name of the proposed subdivision, the name of the registered land surveyor and the name of the owner(s) platting the tract. The subdivision name shall not duplicate the name of an existing subdivision in the county. However, phased subdivisions may share a common name if identified by phase;
(9) The north point, scale and date;
(10) The certificate of a registered state land surveyor attesting the accuracy of the survey and the correct location of all monuments shown; and that he or she has complied with all rules contained herein governing plats, and whether any part of the plat is located within a special flood hazard area as identified by the Federal Emergency Management Agency. It shall also include with this certification a listing by number of all lots shown on the plat that are subject to periodic flooding or inundation based on the highest floodwater elevation record in the area;
(11) Private restrictions and covenants and their periods of existence. Should these restrictions or covenants be of a length to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to that instrument shall be made on the plat;
(12) Acknowledgment of the owner or owners to the plat and restrictions, including dedication to public use of sidewalks shown thereon and the granting of easements required;
(13) If a county or state road is involved in the subdivision, a certificate of approval from the Illinois Department of Transportation (IDOT) or the County Engineer;
(14) A notarized statement from the owner indicating, to the best of the owner’s knowledge, the school district in which each tract, parcel, lot or block lies;
(15) Signed approval by the representative of the Planning and Zoning Commission; and
(16) In addition to the requirements set forth above, the following supplementary documents or information shall be submitted:
(a) Written confirmation of adequate capacity from the City Sanitary District; and
(b) Written confirmation from all utility companies accepting the proposed easement locations. Utility companies would include water, cable, electric, gas, sanitary sewer, storm sewer and telecommunications.
(C) Submission to Planning and Zoning Commission. A minor plat shall first be submitted to the Planning and Zoning Commission for its consideration as hereinafter provided, and if the minor plat lies wholly or partly outside of the corporate limits of the city, it shall also be submitted to the appropriate authorities of the county. The Commission shall report its findings and recommendations in writing to the Council for its consideration and approval or disapproval.
(D) Submission to City Council. The City Council shall review the findings and recommendations of the Planning and Zoning Commission and shall approve, reject or approve with conditions the minor plat. However, if the proposed subdivision lies wholly or partly outside the corporate limits of the city, the Council’s action on the minor plat shall not be final until the appropriate authorities of the county have approved it. The design and layout of all subdivisions shall conform to the requirements of §§ 152.275 through 152.278. When approved, one printed and one electronic (in CAD format as approved by the City Engineer and as a PDF) shall be filed by the petitioner with the Community Development Department. This copy shall contain all required certificates of approval of the Committee and City Council.
(E) Acknowledgments. The minor plat and any accompanying document shall be signed and acknowledged by the owner or owners of the land subdivided in the same manner and form as the acknowledgment of a deed conveying real estate, prior to signature by any city officials.
(F) Approved plat filed with Recorder of Deeds. When the map or plat is so prepared, acknowledged and certified, has been approved by the Council, and the fee for recording the plat has been deposited with the city as required by the fee schedule in Fee Schedule (Appendix A), the same shall be filed and recorded in the office of the Recorder of Deeds of the county; and thereupon the plat shall be equivalent to and operate as a deed in fee simple to the city from the owner of all streets, avenues, alleys, public ways and grounds and of those portions of land as therein are set apart for public and city use.
(G) Lapse of final plat approval. City Council approval of the minor plat shall expire if the minor plat and associated documents are not recorded with the County Recorder within one year following City Council approval. If the minor plat is not recorded within the one-year period, the applicant shall be required to reinitiate the minor plat process. If the minor plat is not recorded within the one-year period, the applicant may file an extension request with the City Council. The request must be approved by City Council before the expiration date of the approved minor plat. The extension request shall state the reasons behind, and the proposed length of the extension requested. In reviewing the time extension request, City Council shall consider the circumstances behind the extension request and the status of current regulations. There shall be no limit on the number of extensions that may be granted (for good cause shown) by the City Council.
(Ord. 10-3277, § 4-2.3, passed 1-4-2010; Ord. 12-3343, passed 1-23-2012; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)
§ 152.263 OPTIONAL PRE-APPLICATION CONFERENCE; APPLICATION FILING.
Before any plat or applications shall be submitted to the Planning and Zoning Commission a pre-application conference may be held with the Development Review Committee (DRC) to discuss the city’s general development policies, procedures, code requirements, fees, planning documents, facilities and the like. This conference is designed to inform the developer of potential problems before finalizing the development proposal or otherwise spending large sums of money in laying out the proposed subdivision. The pre-application conference is optional, at the discretion of the applicant.
(A) Application filing. A request for a pre-application conference shall be submitted to the Community Development Department, along with eight copies of the concept plan.
(B) Concept plan requirements. The developer shall provide a concept plan showing the conceptual layout of the proposed subdivision, including the following:
(1) Sketch showing general lot or site layout, which shall be overlayed on the existing site topography;
(2) Adjacent roads;
(3) Number and typical size of lots;
(4) School, playground, park and other public areas to be included in the development;
(5) Adjacent land uses; and
(6) Location of proposed retention/ detention facilities.
(C) Distribution of concept plan; scheduling of DRC meeting. Upon receipt of a complete request for a pre-application conference, the Director of Community Development or his or her designee shall distribute copies of the concept plan to members of the DRC and place the item on a DRC agenda following the review period. The Director of Community Development or his or her designee shall notify the DRC of the date, time and place of the scheduled DRC meeting.
(D) DRC review. Following the DRC meeting, the Director of Community Development or his or her designee shall provide a written report to the applicant containing the comments of the DRC and instructions for proceeding with the subdivision process.
(Ord. 10-3277, § 4-2.4, passed 1-4-2010; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)
§ 152.264 PRELIMINARY PLAT.
(A) Application filing.
(1) During the preliminary plat stage of the subdivision process, the general layout and design of the proposed subdivision is evaluated for compliance with all applicable regulations of this chapter. Preliminary plat review also allows for an analysis of natural resources and other physical constraints affecting the subject property.
(2) A request for preliminary plat review shall be submitted to the Community Development Department, along with eight copies of all required plats and plans in both print and electronic (in CAD format as approved by City Engineer and as a PDF) forms at least 21 days prior to the Planning and Zoning Commission meeting. If the proposed subdivision lies wholly or partly outside the corporate limits of the city, copies of the proposed plat shall also be filed with the County Zoning Department. A preliminary plat application shall be filed within 24 months of the date of the DRC meeting at which the concept plan for the subject subdivision was considered. If more that 24 months have elapsed since the DRC considered the concept plan, or if the concept plan is substantially changed, the applicant shall be required to reinitiate the subdivision process by submitting another concept plan application.
(3) It shall be the duty of the Building Inspector to post a sign on the premises proposed to be subdivided not less than ten days before the Planning and Zoning Commission meeting, giving notice of the hearing and the time and place of the meeting.
(B) Distribution of application; scheduling of DRC meeting. Upon receipt of a complete preliminary plat application, the Director of Community Development or his or her designee shall distribute copies of the preliminary plat and plans to members of the DRC and place the item on a DRC agenda following the review period. The Director of Community Development shall notify the DRC of the date, time and place of the scheduled DRC meeting.
Figure 152.264(B): Preliminary Plat
(C) DRC review. Following the DRC meeting, the Director of Community Development or his or her designee shall provide a written report to the applicant containing the comments of the DRC and instructions for proceeding with the subdivision process.
(D) Submission to Planning and Zoning Commission.
(1) After the DRC meeting, the revised preliminary plat shall be submitted that consists of an accurate map or plat designating specifically the land so laid out and particularly describing the lots, blocks, streets, avenues, alleys, public ways or other portions of the same intended to be dedicated for public use or for the use of the purchasers or owners of lots fronting thereon or adjacent thereto.
(2) The preliminary plat shall be submitted in both print and electronic (in CAD format as approved by the City Engineer and as a PDF) forms. Fifteen copies of the printed, revised preliminary plat shall be submitted, together with copies of any deed restrictions where the restrictions are too lengthy to be shown on the plat, for review by the Planning and Zoning Commission. If the proposed subdivision lies wholly or partly outside of the corporate limits of the city, it shall also be submitted to the County Zoning Department.
(3) The preliminary plat shall be drawn to a scale of 100 feet to one inch or larger (i.e., one inch equals 50 feet), from an accurate survey and on one or more sheets, whose maximum dimensions shall not exceed 24 inches by 36 inches.
(4) The Commission shall report its findings and recommendations in writing to the City Council for its consideration and approval or disapproval. However, if the proposed subdivision lies wholly or partly outside of the corporate limits of the city, the Council’s action on the preliminary plat shall not be final until the appropriate authorities of the county have approved it.
(6) If upon hearing the Commission shall find that the proposed plan does not satisfy the requirements of this DO, it shall specify in writing in the minutes of the hearing the objections as are found to the plan and may recommend approval conditioned upon specific changes in the proposed plan, removing the objections and further compliance with this DO.
(E) Information required.
(1) Identify the document as a preliminary plat;
(2) Identify the location by township, section and range;
(3) Provide a general location map;
(4) Indicate the total acreage of the subdivision as well as individual lots;
(5) Existing property lines, section lines, widths and names of streets, watercourses, property identification numbers (PINs) and other existing features within the area to be subdivided and similar information regarding land immediately adjacent thereto;
(6) Existing structures on the property and within 100 feet, with a clear indication of which structures that will remain and structures that will be removed. This information may be provided as a separate exhibit or included as a part of other required exhibits;
(7) Contours showing existing topography at not greater than one-foot intervals giving benchmarks with topographic data obtained from a field survey and the date in which the survey was conducted;
(8) The location of all existing trees greater than eight inches in diameter (as measured at four and one-half feet above the existing grade at the base of the tree) and the identification, size and condition of all trees being removed or impacted by development;
(9) The proposed layout, number and dimensions of streets, alleys, lots, easements and railroad right-of-way;
(10) The name(s) of the proposed streets;
(11) Existing sanitary and storm sewers, water mains, fire hydrants, culverts and other underground structures within the tract or on streets immediately abutting thereto; the location and size of the nearest water main and sewer outlet;
(12) The name of the proposed subdivision, the name of the registered land surveyor, and the name of owner(s) platting the tract. The subdivision name shall not duplicate the name of an existing subdivision in the county. However, phased subdivisions may share a common name if identified by phase;
(13) The north point, scale and date;
(14) The existing zoning district classification in the city and/or the county for adjoining lands and the land to be subdivided;
(16) A typical section for all proposed streets showing the entire right-of-way plans from property line to property line;
(18) Signed and sealed statement by a registered professional engineer (this state) that all proposed public improvements have been designed in accordance with this DO; and
(19) In addition to the requirements set forth above, the following supplementary documents or information shall be submitted:
(a) Written confirmation of adequate capacity from the City Sanitary District;
(b) Written confirmation from all utility companies accepting the proposed easement locations. Utility companies would include water, cable, electric, gas, sanitary sewer, storm sewer and telecommunications; and
(c) An exhibit showing the location of all existing structures with a clear indication of those that will remain on the property after the final plat is recorded.
(F) Approval.
(1) The City Council shall review the findings and recommendations of the Planning and Zoning Commission and shall approve, reject or approve with conditions the preliminary plat. However, if the proposed subdivision should lie wholly or partly outside the corporate limits of the city, the Council’s action on the preliminary plat shall not be final until the appropriate authorities of this county have approved it.
Figure 152.264(F): Preliminary Approval Certificate
(2) When approved, one printed and one electronic (in CAD format as approved by the City Engineer and as a PDF) shall be filed by the petitioner with the Community Development Department. This copy shall contain all required certificates of approval, including with the following approved certification shown thereon shall be dated and endorsed by the Mayor and attested to by the City Clerk. After City Council approval, no improvement shall be made to the property until proper bonds, letter of credit or check in the amount of the project engineer’s estimated improvement costs are provided as required in this section.
(G) Lapse of preliminary plat approval. An approved preliminary plat shall lapse and be of no further effect if a final plat for the subject subdivision is not approved by the City Council within two years of the date of the preliminary plat approval by the City Council. If the final plat approval is not received within this two-year period, the applicant shall be required to reinitiate the subdivision process at the pre-application conference stage. If the applicant does not receive final plat approval within the required two-year period, the applicant may file an extension request with the City Council. The request must be approved by City Council before the expiration date of the approved preliminary plat. The extension request shall state the reasons behind and the proposed length of the extension requested. In reviewing the time extension request, City Council shall consider the circumstances behind the extension request and the status of current regulations. There shall be no limit on the number of extensions that may be granted (for good cause shown) by the City Council.
(Ord. 10-3277, § 4-2.5, passed 1-4-2010; Ord. 12-3343, passed 1-23-2012; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)
§ 152.265 FINAL PLAT.
(A) Requisites for final approval.
(1) Following approval of the preliminary plat by the Planning and Zoning Commission and the City Council, the subdivider shall:
(a) Furnish a bond, letter of credit or check in the amount of the project engineer’s estimated improvement costs, as approved by the City Engineer, for the installation; or
(b) In case the proposed subdivision lies wholly or partly outside of the corporate limits of the city, then evidence of posting the bond for improvements required by the county will suffice for the subdivision.
(2) Upon submittal of the proper bond, letter of credit or check in the amount of the project engineer’s estimated improvement costs, the final plat may be submitted for review in accordance with the provisions of this subchapter. The final plat shall conform to the requirements of this DO. No plat shall be filed for record or recorded in the office of the Recorder of Deeds of the county, unless and until the approval of the Council is endorsed thereon by the City Clerk, unless and until the subdivider has deposited with the city a sum of money equal to the fee charged by the Recorder of Deeds for recording the plat, and no lot shall be sold from the plat unless and until approved by the Council and filed for record in the office of the Recorder of Deeds, as herein provided. If all improvements are not complete after two years from the date of the bond or letter of credit is submitted, the city may utilize those funds to complete the project.
Figure 152.265: Final Plat
(B) Submission to Council.
(1) The final plat shall consist of an accurate map or plat designating specifically the land so laid out and particularly describing the lots, blocks, streets, avenues, alleys, public ways or other portions of the same intended to be dedicated for public use or for the use of the purchasers or owners of lots fronting thereon or adjacent thereto.
(2) The final plat shall be submitted in both print and electronic (in CAD format as approved by City Engineer and as a PDF) forms. Fifteen copies of the printed plat, together with copies of any deed restrictions where the restrictions are too lengthy to be shown on the plat, shall be submitted to the Commission.
(3) The final plat shall be drawn to a scale of 100 feet to one inch or larger (i.e., one inch equals 50 feet), from an accurate survey and on one or more sheets, whose maximum dimensions shall not exceed 24 inches by 36 inches.
(4) If more than two sheets are required, an index sheet of the same dimensions shall be filed showing the entire subdivision on one sheet and the component areas shown on the other sheet. When the final plat conforms to the approved preliminary plat and the requirements of this section and §§ 152.290 through 152.299
have been accomplished, the certification to this effect shall be endorsed on the final plat by the Director of Community Development or his or her designee and the final plat submitted to the Council for its approval or denial. Where the final plat does not conform to the approved preliminary plan, the Commission shall submit its recommendations to the Council for approval or denial of the final plat. The Council shall not deny any final plat which is in accord with the previously approved preliminary plat for the same subdivision and in which the improvements required in §§
152.290 through 152.299
have been installed and approved.
(C) Information required. The final plat and accompanying documents shall show:
(1) The boundary lines of the area being subdivided with accurate distances and angles. The correct legal description of the property being subdivided shall be shown on the plat or on an accompanying certificate;
(2) The accurate outline of any portions of the property intended to be dedicated or granted for public use;
(3) The line of departure of one street from another;
(4) The lines of all adjoining property and the lines of adjoining streets and alleys with their width and names;
(5) All lots shall be designated by numbers or letters. All streets, avenues and other grounds by names, letters or numbers;
(6) The location and dimensions of all easements provided for public use, service, drainage or utilities;
(7) All dimensions, linear and angular, necessary for locating the boundaries of the proposed blocks, subdivisions, lots, streets, alleys, easements and other areas for public or private use. Linear dimensions are to be given to the nearest one-one-hundredth of a foot;
(8) The radii, arcs or chords, points of tangency and central angles for all curvilinear streets and radii for rounded corners;
(9) The location of all survey monuments and their description;
(10) The name of the subdivision, the name of the registered land surveyor, the name of owner(s) platting the tract. The subdivision name shall not duplicate the name of an existing subdivision in this county. However, phased subdivisions may share a common name if identified by phase;
(11) The north point, scale and date;
(12) Calculations showing the error of linear closure, which error shall in no case be greater than one in 5,000;
(13) The certificate of a registered state land surveyor attesting to the accuracy of the survey and the correct location of all monuments shown; and that he or she has complied with all rules contained herein governing plats, and whether any part of the plat is located within a special flood hazard area as identified by the Federal Emergency Management Agency. It shall also include with this certification a listing by number of all lots shown on the plat that are subject to periodic flooding or inundation based on the highest floodwater elevation record in the area;
(14) Private restrictions and covenants and their periods of existence. Should these restrictions or covenants be of a length to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to that instrument shall be made on the plat;
(15) A notarized statement from the owner indicating, to the best of the owner’s knowledge, the school district in which each tract, parcel, lot or block lies;
(16) Acknowledgment of the owner or owners, signed before a notary public, to the plat and restrictions including dedication to public use of streets, alleys, parks or other open spaces shown thereon and the granting of easements required. If parks or open spaces are dedicated for public use in subdivisions located outside of the corporate limits of the city; the owner(s) of the subdivision will by covenant, provide for the maintenance of the parks or open spaces until such time as the subdivision is annexed by the city. The city has the right to refuse parks or open spaces within or outside of city limits;
(17) Certificate of approval by the City Council for endorsement by the City Clerk;
(18) Signed approval by the representative of the Planning and Zoning Commission; and
(19) Certificate of approval by the County or Illinois Department of Transportation if county or state roads are involved.
(D) Acknowledgments. The final plat and any accompanying document shall be signed and acknowledged by the owner or owners of the land subdivided in the same manner and form as the acknowledgment of a deed conveying real estate, prior to signature by any city officials.
(E) Approved plat filed with Recorder of Deeds. When the map or plat is so prepared, acknowledged and certified, has been approved by the Council, and the fee for recording the plat has been deposited with the city as required by the Fee Schedule (Appendix A), the same shall be filed and recorded in the office of the Recorder of Deeds of the county; and thereupon the plat shall be equivalent to and operate as a deed in fee simple to the city from the owner of all streets, avenues, alleys, public ways and grounds and of the portions of land as therein are set apart for public and city use.
(F) Lapse of final plat approval. City Council approval of the final plat shall expire if the final plat and associated documents are not recorded with the County Recorder within one year following City Council approval. If the final plat is not recorded within the one-year period, the applicant shall be required to reinitiate the subdivision process at the pre-application conference stage. If the final plat is not recorded within the one-year period, the applicant may file an extension request with the City Council. The request must be approved by City Council before the expiration date of the approved final plat. The extension request shall state the reasons behind, and the proposed length of the extension requested. In reviewing the time extension request, City Council shall consider the circumstances behind the extension request and the status of current regulations. There shall be no limit on the number of extensions that may be granted (for good cause shown) by the City Council.
(Ord. 10-3277, § 4-2.6, passed 1-4-2010; Ord. 17-3538, passed 2-6-2017; Ord. 20-3609, passed 4-6-2020)