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Hampton City Zoning Code

CHAPTER 38

SUBDIVISIONS

2025-04

38.04.010 Purpose And Intent

  1. Because each new subdivision accepted by the village becomes a permanent unit in the basic physical structure of the future community, and to which the future community will, of necessity, be forced to adhere, all subdivisions hereafter planned within the incorporated limits of the village as provided by statute shall, in all respects, be in full compliance with the regulations hereinafter contained in this chapter and in conformity with the master plan. These regulations are designed to provide for the orderly and harmonious development of the village, for the coordination of streets within new subdivisions with other existing or planned streets, and to secure a uniform system of utilities and services.
  2. This chapter is for the purposes of establishing regulations and procedures for the subdivision and platting of land, for the dedication and acceptance of land for public use, for the installation of utilities, roadway pavements and other essential improvements, for the approval and recording of plats in the village and in the area 1.5 miles beyond the village limits; and providing the means of its enforcement and imposition of penalties for its violations.

(Code 2024, §§ 8.1.1, 8.2.1)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.04.020 Applicability; General Requirements

  1. No land within the applicable area shall, after the adoption of the ordinance from which this chapter is derived, be subdivided without complying with this chapter.
  2. No plat of subdivision shall be valid or entitled to record, unless and until it has been approved by the village board on favorable recommendation of the planning commission of the village if within the corporate limits of the village, or, if outside the corporate limits, within the area under the jurisdiction of the village, as provided by statute.
  3. No lot, tract, or parcel of land within any such proposed subdivision (smaller than the entire tract) shall be offered for sale or be sold until such subdivision plans have been properly reviewed and officially approved by the village board and recorded.
  4. No building permit shall be issued for any building or other structure on a lot, tract or parcel of land which does not meet applicable provisions of this chapter.
  5. No improvements, such as sidewalks, water supply, stormwater drainage, sewerage facilities, gas service, electric service or lighting, grading, paving or surfacing of any street, shall be made within any such proposed subdivision by any owner or his agent, or by any public utility corporation at the request of such owner or by his agent until the plats for the subdivision and also the plans for the improvements have been properly reviewed by the village engineer, and officially approved by the village board and the plat recorded.
  6. Where a tract of land is proposed to be subdivided in several stages over a period of years, and the subdivider requests approval in parts, he shall, at the time of submission of the first part, submit a detailed plan of the entire tract to be eventually developed, with appropriate total design as proposed for the entire subdivision is acceptable under the terms of these standards. The planning commission and village board may give preliminary approval to the overall plan and final approval on the parts as submitted from time to time.
  7. The provisions of this chapter should be held to be the minimum requirements necessary in the subdivision of land.

(Code 2024, §§ 8.2.1, 8.2.2)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.04.030 Definitions

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative officer means the person appointed to occupy the office created herein, in which office is vested the chief administrative and enforcement duties as outlined in the standards in this chapter.

Alley means a trafficway, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street.

Block means tract of land bounded by streets or by a combination of streets, public parks, cemeteries, railroad right-of-way, shorelines of waterways, or other physical barriers.

Building setback line means a line within a lot or other parcel of land so designated of the plat, which denotes the area between such line and the adjacent street right-of-way line, where structures are prohibited except those that are permitted by the zoning regulations.

Community sewerage system means a sanitary sewerage system which is owned, operated, and maintained by a private corporation or a nonprofit property owner's association and is of a type which meets the requirements of the state environmental protection agency and the standards of this chapter as properly designed to serve one or more subdivisions. A septic tank is not a community sewerage system. Within the corporate limits of the village, any such community sewerage system shall be designed and constructed by the subdivider, and, further, subject to the approval of the village board, the system shall be dedicated to the village which shall maintain and operate the system.

Community water supply system means a water supply system which is owned, operated, and maintained by a private corporation or a nonprofit property owner's association and is a type which meets the requirements of the state environmental protection agency and the standards of this chapter as properly designed to serve one or more subdivisions. Within the corporate limits of the village, the community water supply system shall be designed and constructed by the developer and further the system shall be dedicated to the village which shall maintain and operate the system.

Crosswalk means a strip of land dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas.

Cul-de-sac means a local street, terminated at one end with a permanent turnaround, the open end being the only means of access to another street.

Easement means a grant by a property owner for the use of a strip of land by the general public, a corporation, or a certain person for a specific purpose.

Half street means a street having a width less than required by these and other appropriate regulations.

House services means those lines running from a utility service main to serve individual parcels of property and for the purpose of this chapter includes sewer and water services.

Individual subsurface sewage treatment facility means a sewage disposal system designed to function on an individual lot basis. A septic tank system is a type of individual subsurface sewage treatment facility.

Land improvement, public, includes any and all sanitary sewerage systems, water distribution utility systems, sidewalk systems, street systems, street lighting systems, off-street parking areas, and other improvements or facilities which the village may require under this chapter and which will become the property of the village if within the village limits.

Lot means designated parcel of land in a subdivision or other parcel of land intended for transfer of ownership or for building development as a complete and individual lot.

Lot area means the total horizontal area included within lot lines.

Lot frontage means that dimension of a lot or portion of a lot abutting on a street excluding the side dimension of a corner lot.

Lot lines means the lines bounding a lot as defined herein.

  1. Lot line, front, means the property line abutting the street (i.e., the street right-of-way line). On a corner lot it shall correspond to the front lot lines of the other lots on the street.
  2. Lot line, rear, means the lot boundary opposite and most distant from the front lot line. In the case of a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front line not less than ten feet long and wholly within the lot.
  3. Lot line, side, means any lot boundary line not a front or rear lot line.

Lot, corner, means a lot which has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot.

Lot, double frontage, means a lot which has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot.

Lot, flag, means a parcel of land which fronts on a street only by virtue of an unbuildable area which provides access to the buildable portion of the parcel of land.

Lot, interior, means any lot other than a corner lot with only one frontage street.

No-access strip means land area along the rear lot line of a double frontage lot and abutting a major street or thoroughfare and across which no vehicular access shall be permitted.

Official map means the map established as a guide for coordinating proposed land use and the construction of proposed major streets and improvements.

Owner means any person, group of persons, firm, corporation or any other legal entity having legal title to the land sought to be subdivided under this chapter.

Parkway means a strip of land located within the dedicated street right-of-way between the roadway and right-of-way line.

Pedestrian way means a right-of-way across or within a block and designated for pedestrian use.

Planning commission means the planning commission of the village.

Plat, final, means the final map or plan of a subdivision presented to the village for approval which, if approved, will be recorded in the office of the county recorder of deeds.

Plat, preliminary, means a tentative map or plan of a proposed subdivision indicating a proposed layout submitted to the village for its consideration.

Right-of-way means a strip of land dedicated to the public for access purposes, including, but not limited to, streets, alleys and pedestrian ways and may include surface access for vehicles or pedestrians, overhead access, when permitted, for certain public utilities, and underground access for sewers and public utilities.

Roadway means that portion of the street which has or is to be improved and is or will be available for vehicular traffic.

Sidewalk means a designated portion of a street, right-of-way, or pedestrian way which is improved and intended for pedestrian use only.

Street means a general term used to describe a public right-of-way which provides designated improved areas for vehicular and pedestrian access to properties adjacent to it, and which may also provide space for the location of utilities (both above and below ground).

Street width means the shortest distance between right-of-way lines of a given street.

Street, collector, means a street which carries traffic from minor streets, and serves as a principal trafficway within or between various districts.

Street, frontage road, means a minor street which is parallel to, adjacent to, and separate from the main traveled pavement surface of a major street or thoroughfare.

Street, half, means a street where less than the ultimate total required right-of-way width has been dedicated along one or more exterior property lines of a subdivision.

Street, major, means a trafficway connecting trafficways which, in turn, connect to other communities.

Street, minor, means a street of limited continuity used primarily for access to abutting properties and to serve local needs of a neighborhood.

Street, thoroughfare, means a limited access trafficway connecting two or more communities.

Subdivider means an individual, partnership, corporation, or other legal entity or agent thereof which undertakes the activities covered by these regulations. Inasmuch as the subdivision plan drawings are merely a necessary means to the end of ensuring satisfactory development, the term "subdivider" includes "developer," "owner," or "builder," even though the persons and their precise interest may vary at different project stages.

Subdivision means the division of any tract or parcel of land into two or more lots or parcels, or any division of land when a new street or easement for access is involved. The division or subdivision of land into parcels or tracts of five acres or more in size and not involving any new streets, easements of access, or the sale or exchange of existing lots, parcels or tracts of land with no change in their boundaries shall not be termed to be a subdivision. The term "subdivision" includes resubdivision and, where it is appropriate to the context, relates to the process of subdividing or the land subdivided.

Subdivision design standards means the basic land planning requirements established by this chapter for the preparation of plats and installation of required improvements.

Village engineer means the village engineer or person designated to act in the capacity of village engineer in the review of engineering data as outlined herein where the services of a village engineer are specifically mentioned.

(Code 2024, § 8.3.2)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.08.010 Requirements

Any owner of land within the corporate limits of the village or within 1 1/2 miles beyond the village limits, wishing to subdivide such land, and or wishing to dedicate streets and other lands for public use, shall first submit a preliminary plat and then a final plat to be acted upon by the village in accordance with the following requirements:

  1. Annexation. Where a proposed subdivision is contiguous to the corporate limits of the village, the extension or connection of village water mains to the proposed subdivision, or the extension or connection of sanitary sewers or storm drains to village sewers or storm drains shall not be permitted unless the proposed subdivision shall first have been annexed to the village.
  2. Preliminary plat procedures.
    1. Preliminary consultation. It is recommended, before submitting a preliminary plat for official approval, that the subdivider consult with the village engineer and meet with the planning commission for advice and assistance. This step does not require formal action on the part of the subdivider and does not obligate him or the village.
    2. Submitting preliminary plat to the city. Preliminary plats in four copies, each accompanied by a key map, shall be furnished to the village clerk not less than 15 calendar days prior to the next regular meeting of the planning commission. The village clerk shall, upon receipt of a preliminary plat, make the following distributions:
      1. First copy to the village board at their next meeting following submission.
      2. To be sent immediately upon receipt, one copy to the village engineer and two copies to the chairman of the planning commission.
    3. Review of preliminary plat.
      1. The planning commission shall act on any preliminary plat submitted as specified in subsection (b)(2) of this section no later than its second meeting following receipt by the clerk. In case delivery is not made in sufficient time prior to the planning commission's meeting for action as required, the preliminary plat will not be considered until the second meeting of the planning commission following delivery by the clerk. The planning commission shall notify the owner or subdivider as to the time and place of the planning commission meeting at which he will be afforded an opportunity of being heard. The engineer shall furnish the planning commission a report of his review of the preliminary plat.
      2. Upon approval of the preliminary plat by the planning commission, the certificate of approval, in the form specified from time to time by the board of trustees, shall be placed on three prints of the preliminary plat, signed by the chairman, and forwarded to the village clerk.
        1. When the planning commission deems that amendment of the plat is necessary, approval may be granted subject to the required changes.
        2. Within 30 days after approval of the preliminary plat by the planning commission, it shall be either approved or disapproved by the village board.
        3. Upon approval of the preliminary plat by the village board, a copy of the resolution of approval shall be attached to three prints of the plat by the village clerk. One print shall be retained by the village clerk, one shall be returned to the subdivider, and one shall be delivered to the village engineer.
    4. Period of validity of a preliminary plat. Approval of a preliminary plat shall be valid for not more than one year following the date of approval.
    5. Qualifications covering approval of a preliminary plat. Approval of a preliminary plat shall only constitute approval of the land subdivision layout as submitted.
      1. The planning commission shall review the preliminary plat to ensure the proposed street layout and grades, other improvements proposed, and proposed lot sizes conform to this chapter. Grades and layout shall meet good planning standards and shall be in keeping with the orderly development of the village. No land will be approved for subdivision which is subject to periodic flooding or which contains inadequate drainage facilities unless such areas become unified parts 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 safe for residential or commercial occupancy, subdivision of such land may be approved.
      2. Approval of a preliminary plat shall not constitute a waiver of any improvement requirements set up by ordinance by the village subsequent to this approval but prior to submission of the final plat.
    6. Disapproval of preliminary plat. If the preliminary plat is disapproved by the planning commission, one print of the proposed preliminary plat shall be retained by the planning commission and the remaining prints or copies returned to the subdivider with a written statement of the reasons for such disapproval. At the same time a copy of such statement shall be sent to the village clerk for record.
  3. Preliminary plat; details. The preliminary plat and the application for preliminary plat approval shall be prepared in accordance with and include the following:
    1. Location map. Sketch map showing relationship of the proposed subdivision to the streets and other community facilities serving it. Such map shall include:
      1. Subdivision name.
      2. Outline of area to be subdivided.
      3. Existing streets and city utilities on adjoining property.
      4. North point, scale, and date.
    2. Preliminary plat. A preliminary plat of the subdivision drawn to the scale of one inch to 100 feet or larger and including:
      1. Name of proposed subdivision with the length and bearing of the exterior boundaries, which are to be included by a solid heavy line.
      2. Name and address of owner.
      3. Name and address of subdivider.
      4. Names of persons who prepared the plat and subdivider's attorney, representative, or agent.
      5. North point, graphic scale, and date.
      6. Location of the proposed subdivision by township, section, town and range, or by other legal description.
      7. Topographic data including existing contour at vertical intervals of not more than one foot, except in unusual topographical conditions, such vertical intervals may be required to be altered subject to the approval of the village engineer. Topographic data shall refer to the United States Geological Survey Datum. The location of watercourses, marshes, and other significant features. Soil boring data and seepage tests may be required at locations and depths as determined by the village engineer.
      8. Location, widths, and names of all existing or prior platted streets or other public ways, lot lines, railroad and utility rights-of-way, parks and other public open spaces, permanent easements, and section and corporation lines within or adjacent to the tract or other relevant information required by the planning commission.
      9. Existing sewers, water mains, culverts, or other underground facilities within or adjacent to the tract, indicating pipe sizes, grades, manholes, and exact location.
      10. Boundary lines of adjacent tracts of unsubdivided or subdivided land, showing ownership where possible.
      11. Layout of proposed blocks (if used) and lots, including the dimensions of each, and the lot and block number in numerical order.
      12. Proposed setback (front) lines and size setback lines on intersecting street sides of corner lots.
      13. Location, width, other dimensions, and names of existing and proposed streets, alleys, and roads (with approximate radii of all curves), utility easements, parks, and other open spaces or reserved areas. No street names shall be used which will duplicate or be confused with names of existing streets. Street names shall be subject to the approval of the planning commission and the board of trustees.
      14. Zoning classification of and adjacent to the subdivision.
      15. Grades of proposed streets and alleys.
      16. Typical cross sections of the proposed streets showing roadway locations, type of curb and gutter, surfacing material to be used, and sidewalks to be installed.
      17. The proposed layout of water mains and sanitary sewers.
      18. The proposed drainage system of the subdivision including storm sewers, ditches, rear yard swales, culverts, bridges, and other structures.
      19. Boundaries of the highest known flood of record affecting the subdivision.
      20. Locations of or reference to locations of existing monuments or survey markers used in preparation of survey and grade elevation of each monument and marker.
      21. If the proposed subdivision borders on a lake or stream, the distances and bearings of a meander line established not less than 20 feet back from the mean high-water mark of the lake or stream.
      22. A statement, near the subdivider's name, to read: "Preliminary plat, not to be recorded."
    3. Land that is subject to periodic flooding, which lies in floodplain areas as designated on the most recent applicable flood maps or which contains inadequate drainage facilities, will not be approved for development or occupancy in a subdivision, unless the subdivider agrees to make all necessary improvements and agrees to all required covenants which will, in the opinion of the village engineer, planning commission, and board of trustees, make such land safe for occupancy, and providing necessary safeguards for adjacent property which would be affected by the following: grading, drainage or other changes being permitted or required for this subdivision.
    4. A table of the following information: total acreage of subdivision; total number of lots; and acreage of public lands to be dedicated other than streets; a complete listing of all existing covenants which apply to the land to be subdivided; and a complete listing of all covenants which apply to the land to be subdivided; and a complete listing of all covenants which are proposed by the developer to apply to the subdivided land. If septic tanks are used, results and locations of percolation tests, conducted by a registered professional engineer, are to be furnished.

(Code 2024, § 8.4.1)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.12.010 Subdivision Fee

At the time of filing of a plat or replat for approval, the subdivider shall pay to the village clerk a fee according to the village fee schedule.

(Code 2024, § 8.5.1)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.12.020 Small Subdivisions, Subdivisions Of Not More Than Three Lots

  1. When an application for approval of a subdivision plat containing not more than three lots and located within the village limits is submitted, and is accompanied by an affidavit that such plat comprises the entire contiguous undeveloped land area in which the applicant has any interest, the village clerk shall refer such plat to the village board and if, upon its consideration thereof and after receiving a report from the planning commission which includes a finding that the plat contains the entire contiguous undeveloped land in which the applicant has any interest, it finds that the intent and purpose of this chapter is not violated, the village board may approve such plat without further procedure.
  2. The plat of such a subdivision submitted by the subdivider for approval shall meet all requirements for a final plat as required by these standards.

(Code 2024, § 8.5.2)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.12.030 Procedure

  1. Within one year following approval of the preliminary plat, the subdivider shall submit the original drawing and four prints of the final plat together with copies of all required supporting documentation in quadruplicate to the village clerk. These shall then be transmitted to the village engineer who will examine the plat and supporting documents. The plat and supporting documents must be submitted to the village engineer at least 15 days prior to the next meeting of the planning commission if the plat is to be considered at that meeting. In no case will the village engineer forward the final plat to the planning commission until all requirements of this chapter have been met and until all required supporting documents have been submitted. The village engineer will immediately notify the subdivider when, upon checking, 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.
  2. If all the requirements of this chapter have been met, and if the plat agrees with the preliminary plat as approved by the planning commission, the village engineer shall sign his certificate on the plat and shall forward the original and three copies of the plat and supporting documents to the chairman of the planning commission at least five days prior to the next meeting of the planning commission. The village engineer, upon approving the plat, shall prepare a checklist which shall show each requirement of this chapter and shall indicate whether each such requirement has been complied with. Sufficient copies of this list will be forwarded with the plat to provide each member of the planning commission and of the village board with a copy. The planning commission shall then act on the plat at their next meeting and the chairman and the secretary shall sign the planning commission certificate on the plat following approval. This certificate is not to be signed until all other required certificates on the plat, except the certificate of final approval by the village board, have been signed.
  3. If the proposed final plat is not in basic agreement with the preliminary plat, the village engineer shall notify the subdivider to furnish sufficient copies of the revised plat so that the procedure for the preliminary plat approval may again be followed and, upon approval by the planning commission, the certificate of approval for a preliminary plat shall be affixed and copies distributed as outlined. The village engineer will then, if no changes are required in the plat submitted, check the supporting documents from the subdivider and then follow the procedure in the subsection (b) of this section.
  4. After approval by the planning commission, the original plat and a set of supporting documents shall be transmitted to the village board, together with a letter of transmittal, calling attention to all variations (if any) approved by the planning commission and its reasons for approving them and conveying to the village board such other information as the planning commission may deem necessary. The planning commission shall also transmit to the village board two prints of the final plat and two sets of the supporting documents submitted with the final plat.
  5. 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 the village president to sign the certificate of approval.
  6. Upon approval by the village board, the final plat and the two prints of the final plat and supporting documents shall be distributed as follows: One set of the approved supporting documents and the final plat shall be returned to the subdivider for recording. Within five days following the recording, the final plat or a legible clear translucent reproduction tracing cloth or transparent plastic shall be filed with the village clerk as a part of the permanent records of the village. One print and one set of supporting documents shall be retained by the village clerk for filing.
  7. Any approval of the final plat by the village board shall be null and void if the plat is not recorded in the exact form approved, within 30 days following approval.

(Code 2024, § 8.5.3)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.12.040 Plat Details

The final plat shall conform in every respect with the requirements specified in this chapter. A final or record plat may be a portion of a larger subdivision for which a preliminary plat had previously been approved. Application for approval of a part of this larger subdivision may be made beyond one year from the date of preliminary approval with the approval of the planning commission and village board. However, improvements shall be made for all parts of the subdivision submitted for final approval. The final plat shall be drawn with non-fading black ink on linen tracing cloth or transparent plastic, and it shall show the following:

  1. Identification and description.
    1. Proposed name of subdivision.
    2. A full and detailed description of the land embraced in the plat, showing the village and range in which such land is situated and the sections and parts of sections platted, and in the case of replatting or resubdividing, describe the part of, and the name of, the original plat which is replatted or resubdivided, containing the name of the town, city, village or addition platted, the name of the proprietor required to sign the plat and of the surveyor making it. If there is any excepted parcel within the plat boundary it must be accurately described by metes, bounds and courses.
    3. Scale of plat, not smaller than one inch equals 100 feet.
    4. North point indicating true north.
    5. Date of preparation.
  2. Delineation of final plat.
    1. Boundary of the plat based on an accurate traverse with all angular and linear dimensions shown. Error of closure of such boundary survey shall not exceed normally accepted standards.
    2. All blocks, lots, streets, alleys, crosswalks, easements and setback lines within or adjacent to the plat, all of which shall have all angular and linear dimensions given and all radii, internal angles, points of curvature, tangents, bearings and lengths of all curves so that no dimensions or data are missing which are required for the future relocation of any of the corners or boundaries of blocks, lots, streets, etc., as listed above. All dimensions shall be given to the nearest hundredth of a foot.
    3. True angles and distances to the nearest established official monuments, not less than three of which shall be accurately described on the plat.
    4. Municipal, township, or section lines accurately tied to the lines of the subdivision by distances and angles.
    5. Block and lot numbers of all blocks and lots. Names of all existing streets and all streets in the subdivision. All blocks consecutively numbered or lettered in alphabetical order; the block in numbered additions to subdivision bearing the same name shall be numbered or lettered consecutively through the several additions.
    6. All lots in each block, numbered consecutively. All lake or stream shore meander lines established by the surveyor in accordance with the preliminary plat requirements, the distances and bearing thereof, and the distance between the point of intersection of such meander lines with lot lines and the ordinary high-water mark.
    7. Designation of all areas being dedicated to public use, with the purposes indicated thereon.
    8. Location of all iron stakes and all permanent monuments required by this chapter.
    9. Any protective covenants.
    10. Statements covering easement provisions.
    11. All other information required by state statutes.
    12. The following certificates:
      1. Owner's certificate of plat and dedication.
      2. Notary's certificate of owners.
      3. Surveyor's certificate.
      4. County clerk's certificate on taxes.
      5. Village treasurer's certificate on unpaid special assessments.
      6. Village engineer's certificate on required improvements.
      7. Certificate of approval by planning commission.
      8. Certificate of approval by village board.
      9. Certificate of county recorder.

(Code 2024, § 8.5.4)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.12.050 Supporting Documents Generally

The final plat shall be accompanied by the following supporting documents, when submitted:

  1. Complete plans, specifications and cost estimates of the improvements to be installed, prepared by a registered professional engineer.
  2. An agreement signed by the subdivider listing the public improvements he proposes to make, at his expense, in the subdivision, the time of completion of the improvements and the method of payment of the improvements. 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 of insurance covering their employees and indemnifying the village against any loss or damage to persons or property during the course of the work.
  3. Village engineer's checklist to be attached by him listing the improvements required by this chapter.
  4. Written evidence from the proper governmental agencies, if other than the village, of their willingness and ability to accept and maintain all dedicated areas.

(Code 2024, § 8.6.1)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.12.060 Posting Of Cash Or Bond

  1. To ensure compliance with the requirements of this chapter, the applicant shall, within ten days after approval of the final plat by the village board and prior to the recording thereof post a bond or cash, establish an escrow account or submit irrevocable letters of credit with the village clerk sufficient to cover the cost of the required improvements including all required engineering and survey work, including final staking and monumentation, and all inspection fees, as estimated by the village engineer with the approval of the village board. The amount of the guarantee shall be the estimated amount of the total cost of the improvements plus 25 percent. The form of guarantee and the surety shall be approved by the village attorney. Filing of such a guarantee shall not be required until the final plat has been approved by the village attorney. Filing of such a guarantee shall not be required until the final plat has been approved by the village board. The village clerk shall deliver the signed plat to the subdivider upon receipt of and approval of the guarantee. All such public improvement must be installed within five years after recording of the final plat. In lieu of depositing the additional 25 percent, the subdivider may deposit contracts signed by responsible contractors for the installation of the improvements.
  2. If cash of other security is deposited, it may be used to defray the cost of making such improvements as provided in an agreement between the village and the developer accepting the deposit as complying herewith. Such agreement shall provide that no payments shall be made from the cash or other security deposited without the joint consent of the village engineer and the owner or subdivider. Any unused balance will be returned to the depositor after acceptance of the improvements by the village. There shall be no reduction of that portion of the bond or other guarantee or deposit applying to a particular improvement, unless and until that improvement is complete and accepted or approved by the village board, except that upon the completion of major portions of the work, as determined by the village engineer, the village board may reduce the amount of that portion of the bond or other guarantee or deposit covering such land improvements completed, but such reduction shall not be more than an amount equal to 90 percent of their estimated cost.

(Code 2024, § 8.6.2)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.12.070 Bond

  1. The completion bond shall be acknowledged before a notary public by the principal and surety and shall include the following provisions:
    1. Penal sum in accordance with HVC 38.12.060.
    2. Irrevocably bind the principal, surety, their heirs, executors, administrators or assigns jointly and severally.
    3. Completion date of improvements.
    4. Description of improvements to be constructed.
    5. Provide for construction of the improvements in a good and workmanlike manner in conformance with the ordinances and standards of the village and in accordance with the approved plans and specifications.
    6. Payment of all inspection fees.
    7. Such other provisions as may be required by the project.
  2. Note: Such agreements, as set forth above, shall not be required for subdivisions located in the unincorporated areas 1 1/2 miles beyond the village limits when there is evidence that agreements are entered into between the owner or subdivider and the county, except when the village standards of public improvements are of higher quality than county standards, such agreements may be required by the village.

(Code 2024, § 8.6.3)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.12.080 Village Engineer's Services And Fees

The village engineer shall review the improvement plans and specifications, confer with the subdivider's engineers and make periodic inspections during construction of all required land improvements to ensure compliance with the requirements of this chapter. The fee for this work will be paid by the owner or subdivider in accordance with the village engineer's charges to the village. The fee shall be due and payable following approval of the final plan and prior to recording of the final plat. The subdivider shall pay the village all inspection costs monthly.

(Code 2024, § 8.6.4)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.12.090 Consulting Engineer's Responsibility

The consulting engineer who designed the improvements is completely responsible for the construction stake out of the project and for the furnishing to the contractor and the village inspection personnel all necessary information including information regarding lines and grade as required by the village engineer, so that the construction can be accomplished in accordance with the approved plans and can be properly checked as the work proceeds. The consulting engineer shall also make sufficient periodic checks of the work during construction so that he is satisfied that the work has been done in accordance with the plans and specifications so that on completion he can execute the required EPA certificates for sewer and water construction, and prepare the as-built drawings. He shall also arrange for and be responsible for taking any required test samples and material testing for paving construction.

(Code 2024, § 8.6.5)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.16.010 Design Standards

The subdivision plan should conform to design standards that will encourage good development patterns and adhere to the goals and standards of the village. The streets, drainage, rights-of-way, school sites, public parks, playgrounds, and other public facilities shown on the officially adopted comprehensive plan or official map should be in harmony with all applicable sections of the zoning regulations of the village including any amendments.

  1. Block layout. In determining the shape and size of blocks, existing topographic features, basic street system and traffic plan, areas designated for public and other nonresidential land use, and the minimum lot areas and dimensions required by the village zoning regulations for the applicable zoning area shall be considered.
    1. Length of blocks. Block lengths shall not exceed 1,500 feet. Where a subdivision adjoins a major street, the greater dimension of the block shall front or back upon such major street to avoid unnecessary access or egress.
    2. Pedestrian ways. The planning commission may require pedestrian ways in blocks which exceed 800 feet in length. These shall not be less than ten feet in width located at the approximate centers of the blocks. The use of additional pedestrian ways to provide safe and convenient access to schools, parks, or other similar destinations may be required by the planning commission.
    3. Widths of blocks. Blocks shall be of sufficient width to accommodate two tiers of lots.
    4. Shapes of blocks. No specific rule concerning shape of blocks is made, but blocks must fit easily into the overall show consideration of lot planning, traffic flow, and public areas.
    5. Blocks in commercial and industrial areas. Blocks intended for commercial and industrial use shall be designated as such, and the plan shall show adequate off-street areas to provide for parking, loading docks and such other facilities that may be required to accommodate motor vehicles.
  2. Lot design standards.
    1. Lots shall abut on a public street. Flag or interior lots shall not be permitted unless, after review by the village engineer and planning commission, a determination is made that the land in question cannot be reasonably developed in any other way. When a flag or interior lot is permitted, the area of any such lot which is used for access shall not be construed as the front yard of the lot nor shall the access area be used to satisfy any other yard, setback or minimum lot area requirement as set forth in the village zoning regulations, and the access area shall be a minimum of 30 feet in width except when the planning commission may deem additional width to be necessary.
    2. Lot size, width, depth, shape and orientation. The lot size, width, depth, shape, and orientation shall be appropriate for the location of the subdivision and for the type of development and use contemplated; provided, however, no lot size, width, or depth shall be less than the applicable requirements of the zoning regulations. Lot sizes in those areas outside the corporate limits should be in conformance with the applicable ordinances regulating lot sizes outside the corporate boundaries. Where a water supply system or a sanitary sewer system is not available, the minimum lot area shall meet the applicable requirements of the county health department and the state environmental protection agency.
    3. Building setback lines to be established. Building setback lines, appropriate for the location of the subdivision and the type of development contemplated, shall be established on all lots; provided, however, that such setback lines are not less than the applicable requirements of the appropriate zoning regulations.
    4. Lot lines to be at right angles to street lines. Side lot lines shall be substantially at right angles or radial to the centerline of the street or center of a cul-de-sac turnaround.
    5. Corner lots to be extra width. Corner lots for residential use shall have extra width to permit appropriate building setback from both streets.
    6. Residential lots fronting on major streets shall have extra depth to permit deeper building setbacks.
    7. Lots abutting upon watercourses, drainageways, channels or streams shall have an additional depth or width as required by the planning commission if necessary to provide adequate acceptable building sites.
    8. Buffer treatment may be required between a proposed subdivision and adjacent uses. Where a proposed subdivision abuts such a land use which may have an adverse effect on the residential subdivision, the planning commission may require some buffer treatment such as screen planting along rear lot lines, deep lots, or any other such treatment which may protect the proposed residential subdivision from these outside influences.
    9. Where a subdivision is traversed by a natural watercourse, there shall be provided a drainage easement, granted to the village if within the village, or to the county if outside, conforming substantially with the floodplain areas bordering such watercourse. The floodplain areas shall be as determined by the village engineer from the most recent U.S. floodplain maps. Such easement shall include access for the purpose of maintenance of such watercourse.
    10. Double frontage not normally allowed. Double frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. The planning commission may require a planting screen easement of at least ten feet across which there shall be no access.
  3. Reserve strips not allowed. Reserve strips, created by the platting of property strips adjacent to street rights-of-way with the objective the receiving of remuneration for access to an improved street, will not be allowed.
  4. Public use areas. When an area of land for public use (in addition to streets, alleys, pedestrian ways, and utility easements) shall be required by the planning commission to be located in whole or in part in a subdivision, the subdivider shall designate on the preliminary plat and final plat that such land is reserved for public use.
  5. Topography.
    1. In the subdivision of any lands, due regard shall be shown for all natural features such as large trees, watercourses, topography and other elements which if preserved would add attractiveness to the proposed development.
    2. Consideration should be given to varying the building setback lines for a subdivision in order to retain large trees, use existing topography and add variety of appearance.
  6. No construction shall take place within the areas known to be subject to flooding or as depicted upon the flood hazard maps except where appropriate exhibits and documents are prepared and approved for the floodplain use in accordance with the floodplain ordinance of the village.
  7. Land improvement standards. The following improvements are required to be constructed by the subdivider in accordance with the following standards for those improvements, for all subdivisions in the planning jurisdiction area of the village:
    1. Streets; plan. The arrangement, character, extent, width, grade and location of all streets shall be considered in their relation to existing and planned streets; to reasonable circulation of traffic within the subdivision and adjoining lands; to topographical conditions; to runoff of stormwater; to public convenience and safety; and in their appropriate relations to the proposed uses of the area to be served. (Each lot shall abut upon a public street and thereby no private street shall be permitted.)
      1. Street to be continued. Streets in new subdivisions shall be designed to provide for the continuation of existing and planned streets. In addition, the planning commission or the village board may require the provision of right-of-way from the connection of a proposed subdivision to any adjoining unsubdivided land.
      2. Discourage through traffic on minor streets. Minor streets shall be so laid out that their use by through traffic will be discouraged.
      3. Streets to intersect at right angles. Intersections of streets shall be as nearly right as possible. No street shall intersect any other street at less than 60 degrees.
      4. Not more than two streets to intersect. Intersection of more than two streets at a point will be prohibited.
      5. Intersection corners to be rounded. Property lines at street intersections shall be rounded with a radius of ten feet where the row width is less than 66 feet. Comparable cutoffs or chords in place of such rounded corners are acceptable.
      6. Obstructions to visibility at intersection prohibited. There shall be no obstructions of any type to visibility at street intersections within the sight triangle formed by the center of intersection and two points 75 feet distant, each point being on the centerline of an intersecting street.
      7. Minimum centerline offsets. Street jobs with centerline offsets of less than 125 feet shall be prohibited.
      8. Connecting street lines to be joined by curves. Connecting street lines deflecting from each other at any one point by more than ten degrees shall be joined by curves, the inner radius of which shall be not less than 350 feet for a major street, 250 feet for a collector street, and 100 feet for a minor street.
      9. Reverse curves to be connected by tangent. A tangent or portion of street in straight alignment and of not less than 100 feet in length shall be introduced between reverse curves on major and collector streets.
      10. Right-of-way and pavement width. Right-of-way widths and pavement widths measured between back of curbs will be provided as follows:


        ResidentialNon-Res.
        Right-of-Way Width
        Major street80'100'
        Collector street66'80'
        Minor street60'66'
        Pavement Width*
        Major street41'49'
        Collector street38'41'
        Minor street30'37'
        *Additional widths may be required if projected traffic loads show necessity as determined by the village engineer or state department of transportation.
      11. Maximum and minimum street grades. Street grades as measured along the centerline shall be not less than 0.4 percent and not greater than:

        Major street6%
        Collector streets8%
        Minor streets10%
      12. Cul-de-sac or dead-end streets. Cul-de-sac or dead-end streets shall meet all the requirements for a minor street and, in addition, shall provide a turnaround with a right-of-way radius of 50 feet and a pavement radius of 40 feet. No cul-de-sac shall exceed 500 feet in length. The grade of a cul-de-sac turnaround shall not exceed six percent.
      13. Change in street grade. All changes in street grade shall be connected by vertical curves of minimum length in feet equal to 25 times the algebraic difference in percent of grade.
      14. Half streets. Half streets shall be prohibited.
      15. Access to highways under jurisdiction of the state. If the tract of land proposed to be subdivided or any part thereof lies adjacent to a highway over which the division of highways of the state has jurisdiction with respect to maintenance and upkeep thereof and an entrance is desired from such highway to lots, streets, roadways or alleys in such proposed subdivisions, the subdivider shall submit to the planning commission a written permit from the division of highways, granting him permission to obtain and construct such an entrance.

(Code 2024, §§ 8.7.1, 8.7.2)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.16.020 Street Construction

  1. All streets shall be paved with Portland cement concrete pavement designed, in the opinion of the village engineer, to withstand the projected traffic that the roadways will carry. The pavement shall be designed and built in accordance with state division of highways design policies and current standard specifications for road and bridge construction or may be designed in accordance with the Municipal Concrete Pavement Manual published by the American Concrete Paving Association, 1977. Minimum pavement thickness shall be six inches. Granular base with Illinois Asphalt Surfacing for equivalent design loading may be substituted with the design approval of the village engineer, and substitution approval of the village board.
  2. Curbs and gutters shall be required and installed in accordance with the village standards and specifications in all subdivisions except they may be waived on the recommendation of the planning commission for those residential subdivisions where all lots exceed one acre in area. Curb corners of local streets shall have radii of not less than 25 feet.
  3. Pavements on major and collector streets. The subdivider shall be responsible for providing pavement of the required width to serve the traffic generated in the subdivision. Where greater width is required on major and collector streets for through traffic, the excess width required for this traffic is to be paid for by the village.
  4. Before pavement is laid, all of the underground work, such as sewer, water, and gas mains, house service connections therewith, and any underground conduits for electric and telephone lines shall be completely installed in place and approved and the backfilling of all trenches dug for the installation of the aforementioned utility services have completely settled or been compacted to the satisfaction of the village engineer.

(Code 2024, § 8.7.3)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.16.030 Alleys In Commercial And Industrial Districts

Alleys may be provided in commercial and industrial districts.

  1. Width of alleys. Alleys shall have right-of-way and pavement widths of not less than 20 feet.
  2. Alignment of alleys. Alley intersections and sharp changes in alignment shall be avoided, but where necessary, corners shall be cut off sufficiently to permit safe vehicular movement.
  3. Dead-end alleys. Dead-end alleys shall be prohibited.
  4. Alleys to be prohibited in residential districts. Alleys shall be prohibited in residential districts.

(Code 2024, § 8.7.4)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.16.040 Water Distribution System

A water distribution system designed and constructed in accordance with village standards and requirements shall be installed to serve all properties within the subdivision and will include water mains, fittings, fire hydrants with auxiliary valves, valves and valve vaults, and water service lines to property line for each lot.

  1. System layout shall conform with the long-range water plans of the village. All mains shall be a minimum of six-inch diameter, shall be ductile iron pipe, cement-lined, or equal as approved by the village.
  2. Fire hydrants with auxiliary valves and valve boxes shall be installed at intervals not to exceed 400 feet and not less than four feet from the edge of street pavement. Hydrant locations shall be as required by the village engineer.
  3. Subdivisions containing no lots less than one acre in area and located in the unincorporated areas within 1 1/2 miles of the corporate limits of the village may be served with water supply from individual wells conforming with standards approved by county health department and other applicable governmental authorities, except individual wells shall be permitted in such subdivisions only after specifically approved by the village board when it is determined that connection with a public or community water supply system is not practicable.
  4. System shall be designed to provide a minimum water pressure of 35 pounds per square inch in the top floor of every building to be built in the subdivision.
  5. System shall be designed to provide a fire hydrant flow of 600 gallons per minute at the hydrants.
  6. Dead-end mains shall be prohibited except where looping of the mains is impossible or impractical. Such determination shall be made by the village engineer.

(Code 2024, § 8.7.5)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.16.050 Sanitary Sewer System

Sanitary sewer lines including house service sewer stubs to the property line for each lot shall be installed to adequately service all property in the subdivisions within the village.

  1. Sanitary sewer layout shall conform to the long-range sanitary sewer plans of the village.
  2. Design and construction of sanitary sewers shall conform to the current "Rules and Regulations Governing Submission of Plan Documents and the Design of Sewage Work" adopted by the state environmental protection agency and in accordance with the standard requirements for sewer construction of the village.
  3. Any sewage lift stations shall be of a design approved by the village engineer.
  4. All sanitary sewers will be checked on completion for infiltration in accordance with the requirements of the village engineer. Complete written reports will be submitted to the village engineer for permanent records. This work will be the responsibility of and at the expense of the developer. Records shall include complete sets of notes giving sewer size, type, location, location of any faults, unsatisfactory joints and grade, all services, etc.
  5. Individual sewage treatment. If the subdivider can provide conclusive evidence to the planning commission that a public sanitary sewerage system is not reasonably available and, further, that a community sewerage system is not feasible, the developer may design the subdivision to be served by individual subsurface sewage treatment facilities, provided that the following conditions are met:
    1. All lots served by an individual subsurface sewerage treatment facility shall have a minimum width of 200 feet measured at the building line, and a minimum area of one acre.
    2. If individual disposal systems are provided, they shall be located on each lot. The absorption of the surface drainage and topography shall be the criteria for determining whether or not the installation of individual septic tank disposal systems are feasible. Feasibility shall be ascertained by the subdivider whenever individual systems are proposed. At least two percolation tests shall be made on each lot at the approximate location of the septic system absorption field. Such tests shall be performed in accord with the requirements of the county and the state department of public health. The results of these tests shall be certified by a registered professional engineer and submitted to the village engineer for review.
  6. Both sewer and water service line connections will be extended to the lot line of each lot.

(Code 2024, § 8.7.6)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.16.060 Storm Drainage System

Storm drainage systems shall be designed and constructed to service the entire subdivision to carry off water from all sump pumps, inlets, catchbasins, or open drainageways, and be connected with an adequate outfall. The storm drainage system shall be separate and independent of the sanitary sewer system. It shall consist of sewers, manholes, inlets, catchbasins and other necessary facilities to adequately drain the subdivision, protect roadway pavements, and prevent standing water exception designed retention basins. Open ditches shall be avoided if possible.

  1. Storm sewer systems shall conform to the long-range needs of the village. The storm sewer system shall be designed and installed to meet the requirements for sewer construction of the village.
  2. The amount of runoff from the proposed improvement shall not exceed the existing capacity of downstream out-fall or the increased capacity of downstream out fall as improved.
  3. All runoff in excess of that amount carried by the downstream out-fall shall be stored safely and released slowly without damage to public or private property.
  4. Stormwater inlets. Stormwater inlets shall be provided within the street improvements at such distances that stormwater will not exceed the capacity of the inlets.
  5. Design of storm drains shall provide for capacity for a 25-year storm with runoff design from the subdivision or water retention basin design based on a 50-year storm.
  6. General lot drainage requirements. Complete grading plans shall be provided showing proposed elevation on all lot corners and building sites. When conditions are such, due to soil types and ground slopes, that soil erosion might be possible, the developer will be required to submit, and implement, plans to reduce the erosion to an acceptable level.

(Code 2024, § 8.7.7)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.16.070 Sidewalks

Paved sidewalks shall be installed on both sides of each street, provided that this requirement may be waived by the village board for good cause, shown by the owner on recommendation by the planning commission. The planning commission, when making its recommendations to the village board, shall indicate the extenuating circumstances.

(Code 2024, § 8.7.8)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.16.080 Street Lighting System

A street lighting system shall be installed on all streets within the subdivision, designed and constructed in accordance with the lighting standards as adopted by the village, unless waived by the village board. The planning commission, when making its recommendations to the village board, shall state whether or not in its opinion such requirements should be waived and any extenuating circumstances justifying the waiver.

(Code 2024, § 8.7.9)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.16.090 Public Utilities

  1. All utility distribution lines, including, but not limited to, telephone, electric and gas service in the subdivision, shall be placed underground.
  2. Underground telephone, electric and gas service shall be placed within easements or dedicated public ways in a manner which will not conflict with other underground services. All transformer boxes and service posts shall be located so as not to be unsightly or hazardous to the public.

(Code 2024, § 8.7.10)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.16.100 Signs

Street signs shall be furnished and erected to identify every street within the subdivision and shall be so designed and constructed as to conform with village standards.

(Code 2024, § 8.7.11)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.16.110 Grading And Landscaping

A grading and landscaping plan shall be submitted for all unpaved or otherwise unimproved areas within the public rights-of-way or public use areas. These areas shall be graded and seeded and planted in accordance with the approved plan.

(Code 2024, § 8.7.12)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.16.120 Monuments And Markers

Permanent monuments consisting of steel pipes or bars not less than three-quarter of an inch in diameter and 36 inches long encased in concrete at least four inches in diameter and 36 inches long shall be located as follows:

  1. At all points of intersection and of boundary lines of (where alignment changes) the subdivision.
  2. At the intersection of street property lines and at the beginning and end of all curves along street property lines.
  3. Markers consisting of steel bars not less than one-half inches square, 30 inches long shall be located as follows:
    1. At all points where lot lines intersect street right-of-way lines.
    2. At all angles in the lot property lines and at the beginning and end of all curves in the property lines.
    3. At all other lot corners.
  4. Monuments and markers should be provided by the subdivider and so placed that the center point should coincide with the intersection of lines to be marked and the top level with the surface of the surrounding ground after final grading.

(Code 2024, § 8.7.13)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.16.130 Easements

Utility distribution or transmission installations serving the subdivision, and when required, stormwater drainageways shall be located in easements as designated on the subdivision plat of record. Such easements shall be located along the rear lines or side lot lines at locations of extensions of utility installations between blocks or to provide continuity of drainageway. They shall occupy not less than the rear ten feet of lot depth on each lot and not less than the six feet adjacent to side lot lines where necessary. Additional easements at other locations on the lot or additional widths may be required for specific special conditions by the village engineer.

  1. Maintenance easements to be provided for natural watercourses. Where a subdivision is traversed by a watercourse, drainageway, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way, conforming substantially with the lines of such watercourse, and additional width or construction as deemed necessary by the planning commission.
  2. Free access of authorities to easements. No tree, shrub, or structure shall be placed or erected in any easement for utility or drainage purposes preventing the proper authorities free access to and use of such easements at any time.

(Code 2024, § 8.7.14)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.20.010 Acceptance Of As-Built Drawings

Upon completion of the various public improvements, the subdivider's engineer will prepare for the village as-built drawings of all public improvements corrected to show actual dimensions and location of all construction, and supply the village engineer with one set of prints and the corrected original tracings which shall become the property of the village. Final acceptance and release of bond is contingent on this material being supplied.

(Code 2024, § 8.8.1)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.20.020 Acceptance Of Improvements

Upon completion of the required land improvement and submission of evidence of payment in full for all work and submission of the as-built drawings, the registered professional engineer responsible for the improvement plans shall file with the village engineer a statement that all construction has been completed in accordance with the engineering plans and specifications approved by the village and meets the requirements set forth by the village. The subdivider shall also transfer ownership of the improvements to the village, and also furnish a statement and bond providing for the developer to be responsible for repairs and corrections which may be required due to failures or because of or on account of faulty construction for one year beyond final acceptance of such improvements by the village. Upon receipt of these statements and concurrence on final inspection of the improvements, the village engineer shall submit to the president and board of trustees of the village a statement indicating the satisfactory completion and recommending acceptance of the improvements on behalf of the village. Upon issuance of this statement, the improvements shall be considered complete and the bonds released accordingly.

(Code 2024, § 8.8.2)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.20.030 Variation And Exception

  1. Standards are minimum. These land subdivision regulations are adopted and enforced only as minimum standards, and all developers may develop their subdivisions at higher standards. The subdivider is encouraged at any time to surpass these regulations.
  2. Variances, general. The village board reserves the authority to vary the strict application of the provisions herein contained but such variances shall be exercised only upon written recommendation of the planning commission and only after evidence is presented to the planning commission that:
    1. Because of the particular physical surroundings, shape, or topographic 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 was adhered to.
    2. The purpose of the variation is not based exclusively upon a desire for financial gain.
    3. The conditions creating the need of a variance are unique and are not applicable generally to other property and have not been created by any person having an interest in the property.
    4. The granting of the variance will not be detrimental to public safety, health, or welfare, or injurious to other property or improvements in the area in which the property is located.
  3. Variances, large scale developments. The standards and requirements of these regulations may be modified by the village board in case of a plan or program for a complete planned unit development. Such modification shall not be made until after written recommendation of the planning commission, which recommendation may be given when, in the judgment of the planning commission, the specific plan or program presented provides adequate public space and improvements for the circulation, recreation, light, air, and service needs of the tract when fully developed and population and which also provides such covenants or other legal provisions as will ensure conformity to and achievement of the plan.

(Code 2024, § 8.9.1)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.20.040 Amendments

Amendments to this chapter shall be made by the village board as provided by statutes; provided, however, that no amendment shall be adopted without first referring the proposed amendment to the planning commission and receiving a report therefrom. However, if no report is received within 90 days, it shall be deemed to be approved by the planning commission.

(Code 2024, § 8.9.2)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.20.050 Building Permits

No building permit shall be issued by any governing official for the construction of any building, structure, or improvement to the land or any lot within a subdivision as defined herein, which has been approved for platting or replatting, until all requirements of this chapter have been fully complied with.

(Code 2024, § 8.9.3)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.20.060 Occupancy Permit

No occupancy permit shall be granted by any governmental official for the use of any structure within a subdivision approved for platting or replatting until required utility facilities have been installed and made ready to service the property, and roadways providing access to the subject lot have been constructed or are in the process of construction.

(Code 2024, § 8.9.4)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

38.20.070 Penalties

Any person, firm, or corporation violating any of the provisions of this chapter shall be fined not less than $50.00 nor more than $500.00 for each offense. Each day a violation is permitted to continue shall constitute a separate offense.

(Code 2024, § 8.9.5)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025