Morton Grove City Zoning Code

CHAPTER 12

8 SUBDIVISIONS

12-8-1: GENERAL PROVISIONS

Required Procedures: Before subdividing any tract of land (with the exception of the sale or exchange of existing parcels or tracts of land, or the division of lots and blocks in accordance with already recorded subdivisions), an owner or applicant shall complete the requirements contained in section 12-8-2, "Preliminary Plats", and section 12-8-3, "Final Plats", of this chapter. Minor subdivisions shall not be required to comply with section 12-8-2, "Preliminary Plats", of this chapter, but are required to comply with section 12-8-3, "Final Plats", of this chapter.
Consistency With Official Comprehensive Plan: No map or plat of any subdivision presented for record affecting lands within the corporate limits or within the jurisdictional boundaries as defined by section 12-1-2 of this title shall be approved by the Village board or be entitled to record, or shall be valid unless such subdivision shall provide for streets, alleys, and public grounds and is consistent with the policies that may be expressed in the official comprehensive plan, or is in the best interest of the Village.
Variations And Exceptions: The plan commission may recommend variations from these requirements in specific cases, which, in its opinion, do not affect adversely the official comprehensive plan, the best interest of the Village, or the intent of this title. Such recommendations shall be communicated to the Village board of trustees in writing, substantiating the recommended variation. The Village board of trustees may approve variations from these requirements in specific cases which, in its opinion, do not adversely affect the official comprehensive plan, the best interest of the Village or the intent of this title.
Record Of Plats: No plat of any subdivision shall be recorded in the Cook County recorder of deeds office or have any validity unless and until it shall have been approved as required by this chapter.
Permits Required:
1. Utility Services: Permits shall be obtained from the appropriate governing bodies for the installation of communication, electric power, gas and other utility services, in public or private rights of way or easements as shown on the final plat, and the required fee paid, before any installation is allowed.
2. Building: No building permit shall be issued by the Village 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, until all requirements of this chapter have been fully compiled with.
3. Occupancy: No occupancy permit shall be granted by the Village 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 that roadways providing access to the subject lot or lots have been constructed, or that are in the course of construction and are suitable for vehicular traffic.
4. Site Development: A site development permit shall be issued for development of the site which includes a lot grading plan and installation of private utility connections. No building permit shall be issued by the Village 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, until the site development conforming to the provisions of this code has been approved by the Village engineer.
5. Utilities And Accessways: No building permit shall be issued by the Village for the construction of any building until all roads are improved to at least the required base course for the finished road, and all required water mains, sewer mains, and fire hydrants are installed and approved by the Village engineer and are constructed according to a construction phasing and emergency access plan to be reviewed and approved by the building commissioner, fire department and Village engineer.
6. Right Of Way: No building permit shall be issued by the Village for the construction of any building until a right of way permit is obtained from the public works department for work in any public right of way. (Ord. 07-07, 3-26-2007)

12-8-2: PRELIMINARY PLATS

Filing: The applicant shall file the preliminary plat with building department for review by the plan commission, and pay the required filing fee and follow the procedure in the manner set forth in chapter 16, "Project Approval Process", of this title.
Required Information; Content:
1. Plat:
  1. Description: Identification and description.
  2. Subdivision Name: Proposed name of subdivision (not duplicating name of any plat heretofore recorded in Cook County - as the case might be).
  3. Legal Description: Location by section, town, and range or by other legal description.
  4. Names And Addresses: Names and addresses of owner or subdivider having control of the tract; name and seal of registered engineer or surveyor who prepared topographic survey, and designer of the plan.
  5. Scale: Graphic (engineering) scale not smaller than one inch to one hundred feet (1" = 100').
  6. North Point: North point (designated as true north).
  7. Date: Date of preparation.
  8. Conditions: Existing conditions.
  9. Boundary: Boundary line of proposed subdivision clearly indicated.
  10. Acreage Total: Total approximate acreage therein.
  11. Rights Of Way Information: Location, widths, and names of all existing or previously platted streets or other rights of way, showing type of improvement, if any, railroad and utility rights of way, parks and other public open spaces, permanent buildings and structures, easements, and section and corporate lines, within the tract.
  12. Underground Facilities: Location and size of existing sewers, water mains, culverts or other underground facilities within the tract, also indicating such data as grades, invert elevations, and location of catch basins, manholes and hydrants to a distance of one hundred feet (100') beyond the tract.
  13. Monuments, Survey Markers: 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.
  14. Design Features: Subdivision design features.
  15. Street Layout: Layout of streets showing right of way widths and street names (not duplicating name of any street heretofore used in the Village or its environs, unless a street is an extension of or in line with an already named street, in which event that name shall be used), and showing proposed through streets extended to the boundaries of subdivision.
  16. Location; Width: Location and width of alleys, pedestrianways, and utility easements.
  17. Lot Information: Layout, numbers, and typical dimensions of lots to the nearest foot, and proposed land use for each lot, parcel or tract.
  18. Setback Lines: Minimum front and side street building setback lines, indicating dimensions.
  19. Public Use Areas: Areas (other than those listed herein) intended to be dedicated or reserved for public use, indicating in each the approximate area in acres.
  20. Protective Covenants: A draft of the protective covenants shall accompany the preliminary plat.
2. Supporting Documents:
  1. Existing zoning districts (and proposed zoning districts, if a map amendment is requested).
  2. Location, widths, and names of all existing or previously platted streets or other rights of way, showing type of improvement, if any, railroad and utility rights of way, parks and other public open spaces, permanent buildings and structures, easements, and section and corporate lines, to a distance of one hundred feet (100') beyond the tract.
  3. Location and size of existing sewers, water mains, culverts or other underground facilities to a distance of one hundred feet (100') beyond the tract, also indicating such data as grades, invert elevations, and location of catch basins, manholes and hydrants.
  4. Location map, drawn at a scale of not less than one inch equals one thousand feet (1" = 1,000') showing boundary lines of adjoining unsubdivided or subdivided land, within an area bounded by nearest arterial streets or other natural boundaries, identifying type of use and ownership of surrounding land and showing alignments of existing streets.
  5. Topographic data including existing and proposed contours at vertical intervals of not more than one foot (1'). Topographic data shall refer to the Village of Morton Grove datum. Water sources, marshes, rock outcrops, wetlands, other significant features, and soil boring data at locations and depths as may be required by the plan commission.
  6. Existing and proposed preliminary centerline profile of each street and alley.
  7. Typical cross sections of streets.
  8. Preliminary location of water, sanitary sewer and storm sewer lines, with appurtenances.
  9. Preliminary location and method of storm water detention, if detention is required by this code, and calculations of required compensatory storage.
  10. Landscape plan, delineating location of all existing and proposed trees and vegetation, and which trees and vegetation are proposed to be saved.
  11. Traffic impact study and analysis.
  12. Draft form of performance guarantee conforming to the requirements of subsection 12-8-3C7 of this chapter.
  13. Proof of ownership of the property to be subdivided, and if the applicant is not the property owner, a letter from the owner authorizing the applicant to subdivide the property.
3. Homeowners' Declarations And Covenants: Draft homeowner's declarations and covenants that shall include, at a minimum, the following:
  1. Owners' Association:
    1. The membership in the owners' association shall be mandatory for each and every owner, and successive owner, of all units located on the property.
    2. The owners' association shall own and be responsible for the continuity, care, conservation, maintenance and operation in a first rate condition, and in accordance with predetermined standards, of the common areas, including, without limitation, all equipment, appurtenances, ponds, detention facilities, and perimeter fencing located on or within the common areas and the cost of power required for the affected equipment and appurtenances.
    3. The owners' association shall be responsible for casualty and liability insurance, and the Village shall be named as an additional insured on all policies of liability insurance obtained by the owners' association.
    4. The owners' of all units located on the property or the owners' association, as applicable, shall be responsible for the real estate taxes for the common areas.
    5. The owners of all units located on the property shall pay their pro rata share of all costs and expenses incurred by the owners' association by means of an assessment to be levied by the owners' association that meets the requirements for becoming a lien on the property in accordance with the statutes of the state of Illinois.
    6. The owners' association shall have the right to adjust the assessment to meet changed needs except any assessment imposed by the Village. The membership vote required to authorize an adjustment shall not be fixed at more than fifty one percent (51%) of the members voting on the issue.
    7. The owners' association shall be created and established prior to the sale of any portion of the property.
  2. General Provisions:
    1. The Village, as well as the owners of the units located on the property shall have the right to enforce the declaration.
    2. The Village shall have the right, but not the obligation, after ten (10) days' written notice to the owners' association:
      1. To perform any maintenance or repair work that, in the sole opinion of the Village, the owners' association has neglected to perform on the common areas,
      2. To assess the membership for that work, and
      3. To enforce the lien in the manner provided by law for mortgage foreclosure proceedings.
    3. The declaration shall run with and bind any and all portions of the property and shall be binding on the owner, and its successors in interest, to all portions of the property; provided, however, that the declaration may provide for its amendment, modification, or termination at any time upon obtaining the prior consent of the Village to said amendment, modification, or termination.
Approval Conditions:
1. Revisions: The plan commission may recommend, or the Village board of trustees may require, such changes or revisions as are deemed necessary in the interest and needs of the community.
2. Significance Of Preliminary Plat Approval: The approval of a preliminary plat does not authorize the construction of any improvements within the subdivision or the commencement of any site preparation work. Approval of a preliminary plat shall be valid for one year from the effective date of this title adopted by the board of trustees and may be extended by the board of trustees at its sole and absolute discretion, upon a written request from the applicant prior to the expiration of the one year period.
3. Review: Subsequent to approval of general acceptability of the layout and prior to filing a final plat, the building commissioner, Village engineer and other public officials having jurisdiction shall review proposed plans and specifications pertaining to water supply and water distribution system; storm water detention drainage system; sanitary sewerage system; gas, telephone and electric service; street lighting; street signs; fire hydrants; grading, gradients, and widths of roadways and sidewalks when required; and the surfacing of streets and sidewalks; also proposed detailed grading plans of blocks and lots as deemed necessary by the plan commission. Prior to being forwarded to the board of trustees, and plan commission, if necessary, the Village engineer and other public officials having jurisdiction shall approve or make recommendations for revision in the proposed plans and specifications, and they shall certify approval of final plans and specifications.
4. Flood Requirements: All subdivisions shall comply with the flood damage prevention regulations in chapter 14, "Flood Damage Prevention", of this title. (Ord. 07-07, 3-26-2007)

12-8-3: FINAL PLATS

Filing:
1. Timing: Within one year after receiving the approval of the preliminary plat by the Village board of trustees, or any such extension of time, the applicant shall submit to the building commissioner, an original final plat substantially conforming to the approved preliminary plat, together with the supporting documentation, and the appropriate number of copies of the final plat which shall also contain all required certifications and supporting documents.
2. Review:
  1. Final Plat With No Significant Changes: If the final plat does not vary significantly from the preliminary plat, the procedure for final plat approval shall be in accordance with subsection 12-16-4B, "Abbreviated Procedure", of this title, where the building commissioner or his designee, the plan commission chairman, Village administrator, and corporation counsel shall review the final plat. If they unanimously find that the proposed final plat is in substantial compliance with the preliminary plat, a memorandum will be sent to the board of trustees for final plat approval.
  2. Final Plats With Significant Changes And Minor Subdivisions: If the final plat varies significantly from the preliminary plat, or there are special problems or issues outstanding, or the final plat submitted is for a minor subdivision where a preliminary plat is not required, the application shall be in accordance with the filing procedure for preliminary plats as set forth in chapter 16, "Project Approval Process", of this title.
3. Approval: No final plat shall be approved by the board of trustees, without receiving a statement signed by the Village engineer certifying that the improvements described in the applicant's plans and specifications, together with the supporting documents and agreements, meet the minimum requirements of the Village, county, state and other authorities having jurisdiction and that improvements comply as herein provided.
4. Recordation: Following the final action by the Village board of trustees, the building commissioner or his/her designated representative shall notify the owner or subdivider. If the plat is approved, a transparency print shall be prepared by the subdivider, and all copies necessary for recordation by the Cook County recorder of deeds. All required certificates shall then be signed and the plat submitted to the building commissioner or designated representative for the signatures of the Village, required certificates, and for recordation with the recorder of deeds of Cook County, Illinois. The Village shall record the plat; however, the cost shall be borne by the applicant.
  
  Any approval of the final plat by the Village board of trustees shall however be null and void if the plat is not recorded in the exact form approved, with the recorder of deeds of Cook County, Illinois, within ninety (90) days after the date of approval, unless application for an extension of time is made in writing during said ninety (90) day period of the Village board of trustees, and granted. After the final plat is recorded, the original and one print of the plat bearing evidence of recordation shall be kept by the Village, the original on file at the public works department and the copy with the building commissioner.
Required Information; Content:
1. Plat:
  1. Form: All information, except topographic data, required on the preliminary plat to be shown accurately, produced on Mylar, blue linen, or equal, in a manner that clear and legible contact prints or photostatic copies may be made, and that is acceptable to the Cook County recorder of deeds.
  2. Additional Delineation: Accurate angular and linear dimensions for all lines, angles and curvatures with functions used to describe all boundaries including perimeter survey of tract, streets, alleys, easements, areas to be reserved for public use, and other important features. Error of closure of boundary line surveys shall not exceed one foot (1') in ten thousand foot (10,000') perimeter survey. Lot lines shall show dimensions in feet and hundredths, and when an angle occurs in any lot line between lot corners, the measurement of the angle shall be shown in degrees, minutes and seconds.
  3. Identification System: An identification system for all lots and blocks.
  4. Street Lines; Official Monuments: True angles and distances to the nearest established street lines and official monuments (not less than 3), which shall be accurately described in the plat by location, size and elevation.
  5. Municipal, Township, County, Section Lines: Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and angles.
  6. Monument Location: Accurate location of all monuments which shall be Portland cement concrete, four inches by six inches by twenty four inches (4" x 6" x 24"), or approved equal, with iron pipe cast in center. Permanent stone or concrete monuments shall be set at each corner or angle on the outside boundary. Pipes three-fourths inch (3/4") in diameter or steel rods onehalf inch (1/2") in diameter by eighteen inch (18") length, placed at the corners of each lot and block, at each intersection of street centerlines, at angle points and at the ends and at suitable intervals along curves. All U.S., state, county, Village or other official bench marks, monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position.
  7. Public Use Areas: Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, or for the exclusive use of property owners within the subdivision, with the purpose indicated thereon.
  8. Protective Covenants: Protective covenants shall be lettered on the final plat, or appropriately referenced thereon, including a covenant indicating the following:
    
    Without prior written consent of the Village of Morton Grove, no lot owner shall take nor permit any action with respect to such owner's lot, the effect of which shall affect the drainage of water pursuant to the drainage plan approved by the Village of Morton Grove.
  9. Certifications, Signature Blocks: Required certifications and signature blocks available from the building department.
  10. Pin Number(s): Existing pin number(s).
  11. Statement: Statement that the original recorded plat will be sent to:
    
    Village of Morton Grove
    6101 N. Capulina Avenue
    Morton Grove, Illinois 60053
2. Supporting Documents:
  1. Special Studies; Additional Items: Any special studies or additional items required by the plan commission or the Village board of trustees.
  2. Covenants: All covenants such as homeowners' association covenants and agreements which are to be applied to the property.
  3. Final Plans; Specifications: Final engineering plans and specifications of all required land improvements including streets, water, sanitary and storm improvement and other utilities. Said plans and specifications shall bear the seal of an Illinois registered professional engineer.
  4. Grading Plan: A grading plan for the site indicating the location, size and species of trees to be saved, and a plan establishing the methods to be used for preserving the trees that are to be saved.
  5. Storm Water Management Analysis: For minor subdivisions storm water management analysis will consist of a description of how storm water drainage will be accomplished.
  6. Topographic Data: For minor subdivisions only, topographic data, including existing and proposed contours at vertical intervals of not more than one foot (1').
Required Agreements, Guarantees: The final plat to be placed on record shall be accompanied by a performance guarantee for the construction and installation of public and private improvements to the Village engineer for approval and acceptance, setting forth the following:
1. Plans and specifications are completed for the required improvements in accordance with this chapter, clearly describing the same as approved by the Village engineer. All work shall be done in accordance with the Village of Morton Grove construction standards (latest edition) and include the following:
  1. Permanent subdivision monuments and lot corner markers.
  2. Transportation system improvements, including:
    1. Public and private streets, and all related frontage and intersection improvements;
    2. Streetlights;
    3. Parkway tree plantings;
    4. Street signs, signals and apparatus;
    5. Public and private sidewalks, trails and bike paths;
    6. Other traffic related improvements contemplated as part of the subdivision or development.
  3. Environmental protection and site preparation measures, including:
    1. Grading and related site preparation work;
    2. Erosion and sediment controls during the various phases of site development (including site and lot grading, construction entrances, diversion dikes, silt fences, sediment traps, seeding and site stabilization); and
    3. Other special environmental protection measures which are a component of the final engineering plans.
  4. Public utility systems, including:
    1. Public and private storm sewer system (pipes, inlets, manholes, swales, detention ponds, and all related structures and apparatus);
    2. Public water system (pipes, valves, fire hydrants and related system improvements); and
    3. Sanitary sewer system (pipes, manholes, lift stations and related system improvements).
  5. Common facilities which are contemplated as part of the subdivision specified in the final engineering plans.
  6. Other public and private improvements specified in the final engineering plans.
2. Proposed site development schedule for installation of guaranteed public and private improvements. Approval of all site development permits, building permits and certificates of occupancy, shall be in accordance with the concurrence of the Village engineer, the fire department and the building commissioner.
3. Method of satisfying any applicable requirements for dedicating or contributing monies for future acquisition of public lands in accordance with this title, if not waived by the Village board of trustees.
4. All covenants, restrictions, dedications, and easements necessary for the subdivision, including the documents of the property owners' association.
5. Agreement to pay all costs, payments, permit fees, or other fees attributable to the subdivision.
6. Estimates for the cost of construction (or actual executed construction contracts) for public and private improvements contemplated in the final engineering plan, submitted to the Village engineer. The Village engineer shall review such estimates or construction contracts and, if acceptable, approve the amount of the performance guarantee. The amount of the performance guarantee shall be based upon:
  1. One hundred twenty five percent (125%) of the total estimate of construction costs and inspection fees for all guaranteed improvements; or
  2. One hundred ten percent (110%) of the total construction costs as indicated in an approved and executed construction contract, plus inspection fees for all guaranteed improvements.
7. A good and sufficient security, preferably a letter of credit, to be deposited with the finance director and treasurer in a form approved by the Village engineer and Village attorney, and shall specify the terms and conditions noted below:
  1. Cash Escrow: A cash deposit may be used as a guarantee, provided the total amount of the guarantee required is placed with the Village engineer and deposited with the finance director and treasurer and administered in accordance with the provisions of the subdivision or development agreement.
  2. Irrevocable Letter Of Credit And Cash; Surety Bond: An irrevocable letter of credit or surety bond may be used as a guarantee, provided such letter of credit or surety bond is issued by a financial institution approved by the Village engineer and reviewed and approved by corporation counsel, the administration of such letter of credit or surety bond conforms to the terms of the subdivision or development agreement. The financial institution issuing the irrevocable letter of credit or surety bond shall:
    1. Be insured by the Federal Depository Insurance Corporation or Federal Savings and Loan Insurance Corporation;
    2. Be chartered in the state of Illinois or have a registered agent in Illinois;
    3. Have adequate capital, assets, earnings and liquidity to ensure the financial soundness of the issuing institution, as determined by the Village engineer and reviewed and approved by corporation counsel; and
    4. In the case of a surety bond, be licensed and authorized by the Illinois department of insurance to sell and issue sureties in the state of Illinois.
8. The above security shall include the following terms and conditions:
  1. The guarantee shall have an expiration date not less than two (2) years or three (3) months beyond the date specified in an approved subdivision or development agreement.
  2. Not less than thirty (30) days prior to the expiration of such guarantee, the Village engineer shall be given written notice by means of certified or registered mail, indicating that such guarantee is to expire. No guarantee shall expire absent such notice.
  3. Failure of the applicant to install such guaranteed improvements prior to the scheduled completion date, as specified in the approved site development schedule, shall be considered a default by the applicant and the issuing institution.
  4. The guarantee shall only be released or reduced by the issuing institution upon written certification by the Village engineer stating:
    1. That said guarantee may be released or reduced in accordance with this section, and
    2. The amount of such discharge or reduction.
  5. If at any time the Village determines that the institution issuing the guarantee is without adequate capital, assets, earnings and liquidity as required, is unable to meet any federal or state requirement for reserves, is insolvent, is in danger of becoming any of the foregoing, or is otherwise in danger of being unable to honor such guarantee at any time during its term, or if the Village otherwise reasonably deems itself to be insecure, then the Village shall have the right to demand that the applicant provide a replacement guarantee from an institution satisfactory to the Village. Such replacement guarantee shall be deposited with the Village not later than ten (10) days following such demand.
  6. If the applicant fails or refuses to complete the construction of the public and private improvements covered by the guarantee or fails or refuses to correct any defect or deficiency in such improvements upon request by the Village, or in any other manner fails or refuses to meet fully any of its obligations under the guarantee or the applicable subdivision or development agreement, then the Village may, in its sole and absolute discretion, retain all or any part of the guarantee. The Village thereafter shall have the right to exercise any other action it deems reasonable and appropriate to mitigate the effects of such failure or refusal, and to reimburse itself from the proceeds of the guarantee for all of its costs and expenses, including legal fees and administrative expenses. If the funds remaining in the guarantee are insufficient to repay fully the Village for all such costs and expenses, and to maintain a cash reserve equal to the required guarantee during the entire time of such costs and expenses, and to maintain a cash reserve equal to the required guarantee during the entire time such guarantee should have been maintained, then the subdivider shall, upon demand of the Village therefor, immediately deposit with the Village such additional funds as the Village determines necessary.
  7. The applicant may make a written request to the Village engineer to partially reduce the amount of the approved performance guarantee. The Village engineer shall be authorized to approve such partial reductions in the amount of the performance guarantee, provided:
    1. There shall be no more than three (3) partial reductions approved in the amount of the performance guarantee during the life of the subdivision;
    2. Partial reductions shall be authorized only following the acceptable completion of the following improvements:
      1. All underground storm drainage, sanitary sewer and water supply systems have been properly installed and all erosion and sediment controls are operational;
      2. All curb, gutter, sidewalk and base course paving for public and private streets have been properly constructed; and
      3. All lots have been graded and all storm detention facilities are operational;
    3. The inspection reports for the subdivision evidence acceptable completion of the above;
    4. The amount of such partial reduction shall not exceed seventy five percent (75%) of the estimated cost to construct such improvements;
    5. In no event shall the amount of the performance guarantee be reduced to a level which, in the sole and absolute opinion of the Village engineer, would not allow the Village to complete the installation of public and private improvements associated with the subdivision; and
    6. In no event shall any portion of the cash deposit be reduced prior to final release of the performance guarantee.
  8. Following the Village acceptance of all public improvements and the Village engineer's certification that all public and private improvements included in the guarantee have been one hundred percent (100%) completed to the satisfaction of the Village engineer, the guarantee shall be released.
9. An acknowledgment by the applicant that the Village is not and shall not be liable for, and that the Village shall be held harmless and indemnified from, any damages or injuries that may be sustained as the result of the Village's review and approval of any plans for the subject property.
Acceptance Of Public Improvements: Public improvements shall not be considered accepted by the Village unless:
1. Each of the following reviews and actions have been successfully performed:
  1. Filing with the Village engineer a formal written request to accept the improvements by the applicant;
  2. Certification by the Village engineer that all, or specific individual, public improvements required to be constructed or installed have been fully, or individually, completed in accordance with all applicable plans and specifications, and that the inspected construction or installation thereof has been approved;
  3. Submission by the applicant of all appropriate as built drawings of improvements, as approved by the Village engineer;
  4. All appropriate Village code enforcement complaints have been resolved to the satisfaction of the building commissioner;
  5. All necessary maintenance guarantees have been received and approved by the Village engineer; and
  6. The adoption by the board of trustees of a resolution, officially accepting the improvements and releasing the applicable performance guarantee on behalf of the Village.
2. Prior to the acceptance of required public improvements by the Village, the applicant shall execute a maintenance agreement, acceptable in form and substance to the Village attorney, for the repair or replacement of defective materials and workmanship for a period of time extending two (2) years from the effective date of Village acceptance of such improvements. A maintenance guarantee conforming to the requirements of this subsection shall be submitted with the maintenance agreement. The amount of the maintenance guarantee shall be ten percent (10%) of the total amount of the initial performance guarantee for the subdivision. The Village engineer shall be authorized to execute such agreements on behalf of the Village following board of trustees acceptance of such improvements. If, after two (2) years, no defects in workmanship or materials have developed, the maintenance guarantee shall be released by the Village engineer. In the event any defects are identified by the Village engineer during the term of the maintenance guarantee, the balance of such guarantee shall be released only after:
  1. The Village has been fully reimbursed for amounts expended in correcting defective improvements, or
  2. The applicant or developer has successfully repaired all such defects to the satisfaction of the Village engineer. (Ord. 07-07, 3-26-2007)

12-8-4: DESIGN STANDARDS

Block Standards:
1. The maximum lengths of blocks shall be one thousand two hundred (1,200) linear feet. Blocks over nine hundred feet (900') in length may require pedestrianways at their approximate centers for access to schools, parks or other destinations as may be required by the plan commission.
2. No specific rule concerning the shape of blocks is made, but blocks must fit readily into the overall plan of the subdivision, and their design must evidence consideration of topographical conditions, lot planning, traffic flow and public open space areas.
3. Blocks intended for commercial, industrial and institutional use must be designated as such, and the plan must show adequate off street areas to provide for parking, loading docks and other facilities as may be required to accommodate motor vehicles.
4. Where a subdivision borders on, or contains a railroad right of way or limited access thoroughfare right of way, the plan commission shall require measures which will adequately screen and buffer the railroad or thoroughfare from the adjacent use. Such measures may include fencing and/or landscaping, materials which reduce noise and vibration, a street or driveway parallel to the railroad right of way, open space, deep residential lots backing to railroad or arterial street with planting screen and a no-access area at rear property lines of lots, and motor vehicle parking areas. Such distances shall be determined with due regard for the requirements of approach grades and future grade separations.
Lot Standards:
1. In general, lots should be as nearly rectangular in shape as practicable. Width and area of lots shall conform with lot width and area requirements set forth in chapter 4, "Zoning Districts", of this title. In the case of corner lots, the plan commission may make variations to encourage the proper development of intersection design and traffic safety.
2. Depth of lots shall be in accordance with plan commission requirements, but not less than one hundred fifteen feet (115') in depth for interior lots and ninety feet (90') in depth for corner lots, unless varied by the plan commission.
3. All lots shall abut on a publicly dedicated street.
4. Side lines of lots shall be at right angles or radial to the street line or substantially so.
5. Double frontage lots are not permitted except:
  1. Where lots back upon an arterial street, and in such instances, vehicular and pedestrian access between the lots and the arterial street is prohibited.
  2. Where topographic or other conditions render subdividing unreasonable, such double frontage lots shall have an additional depth of at least twenty feet (20') in order to allow for a protective screen planting on one frontage.
  3. Lots abutting upon a watercourse, drainageway, channel or stream shall be an additional depth or width, as required to provide an acceptable building site.
6. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic spots or similar conditions.
7. All lots shall conform with chapter 11, "Landscaping And Trees", and chapter 14, "Flood Damage Prevention", of this title and shall require a storm water management analysis and with the storm water drainage requirements set forth in this code.
Easements:
1. Easements shall be provided for any overhead or underground utility service, including storm water drainage, where necessary. They shall be a minimum of ten feet (10') wide, and be established at the rear of each lot and along such other lot lines as to provide continuity of alignment from block to block.
2. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a drainage easement conforming substantially with the lines of such watercourse. It shall include an additional area of at least fifteen feet (15') wide, adjoining both edges of the established area that has been identified as floodplain, as certified by the subdivider or his engineer.
Storm Water Detention: Storm water detention shall be provided for all subdivisions, except for minor subdivisions, and comply with the storm water management regulations identified in section 12-10-4 of this title.
Streets And Utilities: All streets and sidewalks shall be designed according to the standards set forth in chapter 9, "Accessways", of this title, and all utilities shall be built and placed according to chapter 10, "Utilities", of this title. (Ord. 07-07, 3-26-2007)

Morton Grove City Zoning Code

CHAPTER 12

8 SUBDIVISIONS

12-8-1: GENERAL PROVISIONS

Required Procedures: Before subdividing any tract of land (with the exception of the sale or exchange of existing parcels or tracts of land, or the division of lots and blocks in accordance with already recorded subdivisions), an owner or applicant shall complete the requirements contained in section 12-8-2, "Preliminary Plats", and section 12-8-3, "Final Plats", of this chapter. Minor subdivisions shall not be required to comply with section 12-8-2, "Preliminary Plats", of this chapter, but are required to comply with section 12-8-3, "Final Plats", of this chapter.
Consistency With Official Comprehensive Plan: No map or plat of any subdivision presented for record affecting lands within the corporate limits or within the jurisdictional boundaries as defined by section 12-1-2 of this title shall be approved by the Village board or be entitled to record, or shall be valid unless such subdivision shall provide for streets, alleys, and public grounds and is consistent with the policies that may be expressed in the official comprehensive plan, or is in the best interest of the Village.
Variations And Exceptions: The plan commission may recommend variations from these requirements in specific cases, which, in its opinion, do not affect adversely the official comprehensive plan, the best interest of the Village, or the intent of this title. Such recommendations shall be communicated to the Village board of trustees in writing, substantiating the recommended variation. The Village board of trustees may approve variations from these requirements in specific cases which, in its opinion, do not adversely affect the official comprehensive plan, the best interest of the Village or the intent of this title.
Record Of Plats: No plat of any subdivision shall be recorded in the Cook County recorder of deeds office or have any validity unless and until it shall have been approved as required by this chapter.
Permits Required:
1. Utility Services: Permits shall be obtained from the appropriate governing bodies for the installation of communication, electric power, gas and other utility services, in public or private rights of way or easements as shown on the final plat, and the required fee paid, before any installation is allowed.
2. Building: No building permit shall be issued by the Village 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, until all requirements of this chapter have been fully compiled with.
3. Occupancy: No occupancy permit shall be granted by the Village 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 that roadways providing access to the subject lot or lots have been constructed, or that are in the course of construction and are suitable for vehicular traffic.
4. Site Development: A site development permit shall be issued for development of the site which includes a lot grading plan and installation of private utility connections. No building permit shall be issued by the Village 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, until the site development conforming to the provisions of this code has been approved by the Village engineer.
5. Utilities And Accessways: No building permit shall be issued by the Village for the construction of any building until all roads are improved to at least the required base course for the finished road, and all required water mains, sewer mains, and fire hydrants are installed and approved by the Village engineer and are constructed according to a construction phasing and emergency access plan to be reviewed and approved by the building commissioner, fire department and Village engineer.
6. Right Of Way: No building permit shall be issued by the Village for the construction of any building until a right of way permit is obtained from the public works department for work in any public right of way. (Ord. 07-07, 3-26-2007)

12-8-2: PRELIMINARY PLATS

Filing: The applicant shall file the preliminary plat with building department for review by the plan commission, and pay the required filing fee and follow the procedure in the manner set forth in chapter 16, "Project Approval Process", of this title.
Required Information; Content:
1. Plat:
  1. Description: Identification and description.
  2. Subdivision Name: Proposed name of subdivision (not duplicating name of any plat heretofore recorded in Cook County - as the case might be).
  3. Legal Description: Location by section, town, and range or by other legal description.
  4. Names And Addresses: Names and addresses of owner or subdivider having control of the tract; name and seal of registered engineer or surveyor who prepared topographic survey, and designer of the plan.
  5. Scale: Graphic (engineering) scale not smaller than one inch to one hundred feet (1" = 100').
  6. North Point: North point (designated as true north).
  7. Date: Date of preparation.
  8. Conditions: Existing conditions.
  9. Boundary: Boundary line of proposed subdivision clearly indicated.
  10. Acreage Total: Total approximate acreage therein.
  11. Rights Of Way Information: Location, widths, and names of all existing or previously platted streets or other rights of way, showing type of improvement, if any, railroad and utility rights of way, parks and other public open spaces, permanent buildings and structures, easements, and section and corporate lines, within the tract.
  12. Underground Facilities: Location and size of existing sewers, water mains, culverts or other underground facilities within the tract, also indicating such data as grades, invert elevations, and location of catch basins, manholes and hydrants to a distance of one hundred feet (100') beyond the tract.
  13. Monuments, Survey Markers: 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.
  14. Design Features: Subdivision design features.
  15. Street Layout: Layout of streets showing right of way widths and street names (not duplicating name of any street heretofore used in the Village or its environs, unless a street is an extension of or in line with an already named street, in which event that name shall be used), and showing proposed through streets extended to the boundaries of subdivision.
  16. Location; Width: Location and width of alleys, pedestrianways, and utility easements.
  17. Lot Information: Layout, numbers, and typical dimensions of lots to the nearest foot, and proposed land use for each lot, parcel or tract.
  18. Setback Lines: Minimum front and side street building setback lines, indicating dimensions.
  19. Public Use Areas: Areas (other than those listed herein) intended to be dedicated or reserved for public use, indicating in each the approximate area in acres.
  20. Protective Covenants: A draft of the protective covenants shall accompany the preliminary plat.
2. Supporting Documents:
  1. Existing zoning districts (and proposed zoning districts, if a map amendment is requested).
  2. Location, widths, and names of all existing or previously platted streets or other rights of way, showing type of improvement, if any, railroad and utility rights of way, parks and other public open spaces, permanent buildings and structures, easements, and section and corporate lines, to a distance of one hundred feet (100') beyond the tract.
  3. Location and size of existing sewers, water mains, culverts or other underground facilities to a distance of one hundred feet (100') beyond the tract, also indicating such data as grades, invert elevations, and location of catch basins, manholes and hydrants.
  4. Location map, drawn at a scale of not less than one inch equals one thousand feet (1" = 1,000') showing boundary lines of adjoining unsubdivided or subdivided land, within an area bounded by nearest arterial streets or other natural boundaries, identifying type of use and ownership of surrounding land and showing alignments of existing streets.
  5. Topographic data including existing and proposed contours at vertical intervals of not more than one foot (1'). Topographic data shall refer to the Village of Morton Grove datum. Water sources, marshes, rock outcrops, wetlands, other significant features, and soil boring data at locations and depths as may be required by the plan commission.
  6. Existing and proposed preliminary centerline profile of each street and alley.
  7. Typical cross sections of streets.
  8. Preliminary location of water, sanitary sewer and storm sewer lines, with appurtenances.
  9. Preliminary location and method of storm water detention, if detention is required by this code, and calculations of required compensatory storage.
  10. Landscape plan, delineating location of all existing and proposed trees and vegetation, and which trees and vegetation are proposed to be saved.
  11. Traffic impact study and analysis.
  12. Draft form of performance guarantee conforming to the requirements of subsection 12-8-3C7 of this chapter.
  13. Proof of ownership of the property to be subdivided, and if the applicant is not the property owner, a letter from the owner authorizing the applicant to subdivide the property.
3. Homeowners' Declarations And Covenants: Draft homeowner's declarations and covenants that shall include, at a minimum, the following:
  1. Owners' Association:
    1. The membership in the owners' association shall be mandatory for each and every owner, and successive owner, of all units located on the property.
    2. The owners' association shall own and be responsible for the continuity, care, conservation, maintenance and operation in a first rate condition, and in accordance with predetermined standards, of the common areas, including, without limitation, all equipment, appurtenances, ponds, detention facilities, and perimeter fencing located on or within the common areas and the cost of power required for the affected equipment and appurtenances.
    3. The owners' association shall be responsible for casualty and liability insurance, and the Village shall be named as an additional insured on all policies of liability insurance obtained by the owners' association.
    4. The owners' of all units located on the property or the owners' association, as applicable, shall be responsible for the real estate taxes for the common areas.
    5. The owners of all units located on the property shall pay their pro rata share of all costs and expenses incurred by the owners' association by means of an assessment to be levied by the owners' association that meets the requirements for becoming a lien on the property in accordance with the statutes of the state of Illinois.
    6. The owners' association shall have the right to adjust the assessment to meet changed needs except any assessment imposed by the Village. The membership vote required to authorize an adjustment shall not be fixed at more than fifty one percent (51%) of the members voting on the issue.
    7. The owners' association shall be created and established prior to the sale of any portion of the property.
  2. General Provisions:
    1. The Village, as well as the owners of the units located on the property shall have the right to enforce the declaration.
    2. The Village shall have the right, but not the obligation, after ten (10) days' written notice to the owners' association:
      1. To perform any maintenance or repair work that, in the sole opinion of the Village, the owners' association has neglected to perform on the common areas,
      2. To assess the membership for that work, and
      3. To enforce the lien in the manner provided by law for mortgage foreclosure proceedings.
    3. The declaration shall run with and bind any and all portions of the property and shall be binding on the owner, and its successors in interest, to all portions of the property; provided, however, that the declaration may provide for its amendment, modification, or termination at any time upon obtaining the prior consent of the Village to said amendment, modification, or termination.
Approval Conditions:
1. Revisions: The plan commission may recommend, or the Village board of trustees may require, such changes or revisions as are deemed necessary in the interest and needs of the community.
2. Significance Of Preliminary Plat Approval: The approval of a preliminary plat does not authorize the construction of any improvements within the subdivision or the commencement of any site preparation work. Approval of a preliminary plat shall be valid for one year from the effective date of this title adopted by the board of trustees and may be extended by the board of trustees at its sole and absolute discretion, upon a written request from the applicant prior to the expiration of the one year period.
3. Review: Subsequent to approval of general acceptability of the layout and prior to filing a final plat, the building commissioner, Village engineer and other public officials having jurisdiction shall review proposed plans and specifications pertaining to water supply and water distribution system; storm water detention drainage system; sanitary sewerage system; gas, telephone and electric service; street lighting; street signs; fire hydrants; grading, gradients, and widths of roadways and sidewalks when required; and the surfacing of streets and sidewalks; also proposed detailed grading plans of blocks and lots as deemed necessary by the plan commission. Prior to being forwarded to the board of trustees, and plan commission, if necessary, the Village engineer and other public officials having jurisdiction shall approve or make recommendations for revision in the proposed plans and specifications, and they shall certify approval of final plans and specifications.
4. Flood Requirements: All subdivisions shall comply with the flood damage prevention regulations in chapter 14, "Flood Damage Prevention", of this title. (Ord. 07-07, 3-26-2007)

12-8-3: FINAL PLATS

Filing:
1. Timing: Within one year after receiving the approval of the preliminary plat by the Village board of trustees, or any such extension of time, the applicant shall submit to the building commissioner, an original final plat substantially conforming to the approved preliminary plat, together with the supporting documentation, and the appropriate number of copies of the final plat which shall also contain all required certifications and supporting documents.
2. Review:
  1. Final Plat With No Significant Changes: If the final plat does not vary significantly from the preliminary plat, the procedure for final plat approval shall be in accordance with subsection 12-16-4B, "Abbreviated Procedure", of this title, where the building commissioner or his designee, the plan commission chairman, Village administrator, and corporation counsel shall review the final plat. If they unanimously find that the proposed final plat is in substantial compliance with the preliminary plat, a memorandum will be sent to the board of trustees for final plat approval.
  2. Final Plats With Significant Changes And Minor Subdivisions: If the final plat varies significantly from the preliminary plat, or there are special problems or issues outstanding, or the final plat submitted is for a minor subdivision where a preliminary plat is not required, the application shall be in accordance with the filing procedure for preliminary plats as set forth in chapter 16, "Project Approval Process", of this title.
3. Approval: No final plat shall be approved by the board of trustees, without receiving a statement signed by the Village engineer certifying that the improvements described in the applicant's plans and specifications, together with the supporting documents and agreements, meet the minimum requirements of the Village, county, state and other authorities having jurisdiction and that improvements comply as herein provided.
4. Recordation: Following the final action by the Village board of trustees, the building commissioner or his/her designated representative shall notify the owner or subdivider. If the plat is approved, a transparency print shall be prepared by the subdivider, and all copies necessary for recordation by the Cook County recorder of deeds. All required certificates shall then be signed and the plat submitted to the building commissioner or designated representative for the signatures of the Village, required certificates, and for recordation with the recorder of deeds of Cook County, Illinois. The Village shall record the plat; however, the cost shall be borne by the applicant.
  
  Any approval of the final plat by the Village board of trustees shall however be null and void if the plat is not recorded in the exact form approved, with the recorder of deeds of Cook County, Illinois, within ninety (90) days after the date of approval, unless application for an extension of time is made in writing during said ninety (90) day period of the Village board of trustees, and granted. After the final plat is recorded, the original and one print of the plat bearing evidence of recordation shall be kept by the Village, the original on file at the public works department and the copy with the building commissioner.
Required Information; Content:
1. Plat:
  1. Form: All information, except topographic data, required on the preliminary plat to be shown accurately, produced on Mylar, blue linen, or equal, in a manner that clear and legible contact prints or photostatic copies may be made, and that is acceptable to the Cook County recorder of deeds.
  2. Additional Delineation: Accurate angular and linear dimensions for all lines, angles and curvatures with functions used to describe all boundaries including perimeter survey of tract, streets, alleys, easements, areas to be reserved for public use, and other important features. Error of closure of boundary line surveys shall not exceed one foot (1') in ten thousand foot (10,000') perimeter survey. Lot lines shall show dimensions in feet and hundredths, and when an angle occurs in any lot line between lot corners, the measurement of the angle shall be shown in degrees, minutes and seconds.
  3. Identification System: An identification system for all lots and blocks.
  4. Street Lines; Official Monuments: True angles and distances to the nearest established street lines and official monuments (not less than 3), which shall be accurately described in the plat by location, size and elevation.
  5. Municipal, Township, County, Section Lines: Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and angles.
  6. Monument Location: Accurate location of all monuments which shall be Portland cement concrete, four inches by six inches by twenty four inches (4" x 6" x 24"), or approved equal, with iron pipe cast in center. Permanent stone or concrete monuments shall be set at each corner or angle on the outside boundary. Pipes three-fourths inch (3/4") in diameter or steel rods onehalf inch (1/2") in diameter by eighteen inch (18") length, placed at the corners of each lot and block, at each intersection of street centerlines, at angle points and at the ends and at suitable intervals along curves. All U.S., state, county, Village or other official bench marks, monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position.
  7. Public Use Areas: Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, or for the exclusive use of property owners within the subdivision, with the purpose indicated thereon.
  8. Protective Covenants: Protective covenants shall be lettered on the final plat, or appropriately referenced thereon, including a covenant indicating the following:
    
    Without prior written consent of the Village of Morton Grove, no lot owner shall take nor permit any action with respect to such owner's lot, the effect of which shall affect the drainage of water pursuant to the drainage plan approved by the Village of Morton Grove.
  9. Certifications, Signature Blocks: Required certifications and signature blocks available from the building department.
  10. Pin Number(s): Existing pin number(s).
  11. Statement: Statement that the original recorded plat will be sent to:
    
    Village of Morton Grove
    6101 N. Capulina Avenue
    Morton Grove, Illinois 60053
2. Supporting Documents:
  1. Special Studies; Additional Items: Any special studies or additional items required by the plan commission or the Village board of trustees.
  2. Covenants: All covenants such as homeowners' association covenants and agreements which are to be applied to the property.
  3. Final Plans; Specifications: Final engineering plans and specifications of all required land improvements including streets, water, sanitary and storm improvement and other utilities. Said plans and specifications shall bear the seal of an Illinois registered professional engineer.
  4. Grading Plan: A grading plan for the site indicating the location, size and species of trees to be saved, and a plan establishing the methods to be used for preserving the trees that are to be saved.
  5. Storm Water Management Analysis: For minor subdivisions storm water management analysis will consist of a description of how storm water drainage will be accomplished.
  6. Topographic Data: For minor subdivisions only, topographic data, including existing and proposed contours at vertical intervals of not more than one foot (1').
Required Agreements, Guarantees: The final plat to be placed on record shall be accompanied by a performance guarantee for the construction and installation of public and private improvements to the Village engineer for approval and acceptance, setting forth the following:
1. Plans and specifications are completed for the required improvements in accordance with this chapter, clearly describing the same as approved by the Village engineer. All work shall be done in accordance with the Village of Morton Grove construction standards (latest edition) and include the following:
  1. Permanent subdivision monuments and lot corner markers.
  2. Transportation system improvements, including:
    1. Public and private streets, and all related frontage and intersection improvements;
    2. Streetlights;
    3. Parkway tree plantings;
    4. Street signs, signals and apparatus;
    5. Public and private sidewalks, trails and bike paths;
    6. Other traffic related improvements contemplated as part of the subdivision or development.
  3. Environmental protection and site preparation measures, including:
    1. Grading and related site preparation work;
    2. Erosion and sediment controls during the various phases of site development (including site and lot grading, construction entrances, diversion dikes, silt fences, sediment traps, seeding and site stabilization); and
    3. Other special environmental protection measures which are a component of the final engineering plans.
  4. Public utility systems, including:
    1. Public and private storm sewer system (pipes, inlets, manholes, swales, detention ponds, and all related structures and apparatus);
    2. Public water system (pipes, valves, fire hydrants and related system improvements); and
    3. Sanitary sewer system (pipes, manholes, lift stations and related system improvements).
  5. Common facilities which are contemplated as part of the subdivision specified in the final engineering plans.
  6. Other public and private improvements specified in the final engineering plans.
2. Proposed site development schedule for installation of guaranteed public and private improvements. Approval of all site development permits, building permits and certificates of occupancy, shall be in accordance with the concurrence of the Village engineer, the fire department and the building commissioner.
3. Method of satisfying any applicable requirements for dedicating or contributing monies for future acquisition of public lands in accordance with this title, if not waived by the Village board of trustees.
4. All covenants, restrictions, dedications, and easements necessary for the subdivision, including the documents of the property owners' association.
5. Agreement to pay all costs, payments, permit fees, or other fees attributable to the subdivision.
6. Estimates for the cost of construction (or actual executed construction contracts) for public and private improvements contemplated in the final engineering plan, submitted to the Village engineer. The Village engineer shall review such estimates or construction contracts and, if acceptable, approve the amount of the performance guarantee. The amount of the performance guarantee shall be based upon:
  1. One hundred twenty five percent (125%) of the total estimate of construction costs and inspection fees for all guaranteed improvements; or
  2. One hundred ten percent (110%) of the total construction costs as indicated in an approved and executed construction contract, plus inspection fees for all guaranteed improvements.
7. A good and sufficient security, preferably a letter of credit, to be deposited with the finance director and treasurer in a form approved by the Village engineer and Village attorney, and shall specify the terms and conditions noted below:
  1. Cash Escrow: A cash deposit may be used as a guarantee, provided the total amount of the guarantee required is placed with the Village engineer and deposited with the finance director and treasurer and administered in accordance with the provisions of the subdivision or development agreement.
  2. Irrevocable Letter Of Credit And Cash; Surety Bond: An irrevocable letter of credit or surety bond may be used as a guarantee, provided such letter of credit or surety bond is issued by a financial institution approved by the Village engineer and reviewed and approved by corporation counsel, the administration of such letter of credit or surety bond conforms to the terms of the subdivision or development agreement. The financial institution issuing the irrevocable letter of credit or surety bond shall:
    1. Be insured by the Federal Depository Insurance Corporation or Federal Savings and Loan Insurance Corporation;
    2. Be chartered in the state of Illinois or have a registered agent in Illinois;
    3. Have adequate capital, assets, earnings and liquidity to ensure the financial soundness of the issuing institution, as determined by the Village engineer and reviewed and approved by corporation counsel; and
    4. In the case of a surety bond, be licensed and authorized by the Illinois department of insurance to sell and issue sureties in the state of Illinois.
8. The above security shall include the following terms and conditions:
  1. The guarantee shall have an expiration date not less than two (2) years or three (3) months beyond the date specified in an approved subdivision or development agreement.
  2. Not less than thirty (30) days prior to the expiration of such guarantee, the Village engineer shall be given written notice by means of certified or registered mail, indicating that such guarantee is to expire. No guarantee shall expire absent such notice.
  3. Failure of the applicant to install such guaranteed improvements prior to the scheduled completion date, as specified in the approved site development schedule, shall be considered a default by the applicant and the issuing institution.
  4. The guarantee shall only be released or reduced by the issuing institution upon written certification by the Village engineer stating:
    1. That said guarantee may be released or reduced in accordance with this section, and
    2. The amount of such discharge or reduction.
  5. If at any time the Village determines that the institution issuing the guarantee is without adequate capital, assets, earnings and liquidity as required, is unable to meet any federal or state requirement for reserves, is insolvent, is in danger of becoming any of the foregoing, or is otherwise in danger of being unable to honor such guarantee at any time during its term, or if the Village otherwise reasonably deems itself to be insecure, then the Village shall have the right to demand that the applicant provide a replacement guarantee from an institution satisfactory to the Village. Such replacement guarantee shall be deposited with the Village not later than ten (10) days following such demand.
  6. If the applicant fails or refuses to complete the construction of the public and private improvements covered by the guarantee or fails or refuses to correct any defect or deficiency in such improvements upon request by the Village, or in any other manner fails or refuses to meet fully any of its obligations under the guarantee or the applicable subdivision or development agreement, then the Village may, in its sole and absolute discretion, retain all or any part of the guarantee. The Village thereafter shall have the right to exercise any other action it deems reasonable and appropriate to mitigate the effects of such failure or refusal, and to reimburse itself from the proceeds of the guarantee for all of its costs and expenses, including legal fees and administrative expenses. If the funds remaining in the guarantee are insufficient to repay fully the Village for all such costs and expenses, and to maintain a cash reserve equal to the required guarantee during the entire time of such costs and expenses, and to maintain a cash reserve equal to the required guarantee during the entire time such guarantee should have been maintained, then the subdivider shall, upon demand of the Village therefor, immediately deposit with the Village such additional funds as the Village determines necessary.
  7. The applicant may make a written request to the Village engineer to partially reduce the amount of the approved performance guarantee. The Village engineer shall be authorized to approve such partial reductions in the amount of the performance guarantee, provided:
    1. There shall be no more than three (3) partial reductions approved in the amount of the performance guarantee during the life of the subdivision;
    2. Partial reductions shall be authorized only following the acceptable completion of the following improvements:
      1. All underground storm drainage, sanitary sewer and water supply systems have been properly installed and all erosion and sediment controls are operational;
      2. All curb, gutter, sidewalk and base course paving for public and private streets have been properly constructed; and
      3. All lots have been graded and all storm detention facilities are operational;
    3. The inspection reports for the subdivision evidence acceptable completion of the above;
    4. The amount of such partial reduction shall not exceed seventy five percent (75%) of the estimated cost to construct such improvements;
    5. In no event shall the amount of the performance guarantee be reduced to a level which, in the sole and absolute opinion of the Village engineer, would not allow the Village to complete the installation of public and private improvements associated with the subdivision; and
    6. In no event shall any portion of the cash deposit be reduced prior to final release of the performance guarantee.
  8. Following the Village acceptance of all public improvements and the Village engineer's certification that all public and private improvements included in the guarantee have been one hundred percent (100%) completed to the satisfaction of the Village engineer, the guarantee shall be released.
9. An acknowledgment by the applicant that the Village is not and shall not be liable for, and that the Village shall be held harmless and indemnified from, any damages or injuries that may be sustained as the result of the Village's review and approval of any plans for the subject property.
Acceptance Of Public Improvements: Public improvements shall not be considered accepted by the Village unless:
1. Each of the following reviews and actions have been successfully performed:
  1. Filing with the Village engineer a formal written request to accept the improvements by the applicant;
  2. Certification by the Village engineer that all, or specific individual, public improvements required to be constructed or installed have been fully, or individually, completed in accordance with all applicable plans and specifications, and that the inspected construction or installation thereof has been approved;
  3. Submission by the applicant of all appropriate as built drawings of improvements, as approved by the Village engineer;
  4. All appropriate Village code enforcement complaints have been resolved to the satisfaction of the building commissioner;
  5. All necessary maintenance guarantees have been received and approved by the Village engineer; and
  6. The adoption by the board of trustees of a resolution, officially accepting the improvements and releasing the applicable performance guarantee on behalf of the Village.
2. Prior to the acceptance of required public improvements by the Village, the applicant shall execute a maintenance agreement, acceptable in form and substance to the Village attorney, for the repair or replacement of defective materials and workmanship for a period of time extending two (2) years from the effective date of Village acceptance of such improvements. A maintenance guarantee conforming to the requirements of this subsection shall be submitted with the maintenance agreement. The amount of the maintenance guarantee shall be ten percent (10%) of the total amount of the initial performance guarantee for the subdivision. The Village engineer shall be authorized to execute such agreements on behalf of the Village following board of trustees acceptance of such improvements. If, after two (2) years, no defects in workmanship or materials have developed, the maintenance guarantee shall be released by the Village engineer. In the event any defects are identified by the Village engineer during the term of the maintenance guarantee, the balance of such guarantee shall be released only after:
  1. The Village has been fully reimbursed for amounts expended in correcting defective improvements, or
  2. The applicant or developer has successfully repaired all such defects to the satisfaction of the Village engineer. (Ord. 07-07, 3-26-2007)

12-8-4: DESIGN STANDARDS

Block Standards:
1. The maximum lengths of blocks shall be one thousand two hundred (1,200) linear feet. Blocks over nine hundred feet (900') in length may require pedestrianways at their approximate centers for access to schools, parks or other destinations as may be required by the plan commission.
2. No specific rule concerning the shape of blocks is made, but blocks must fit readily into the overall plan of the subdivision, and their design must evidence consideration of topographical conditions, lot planning, traffic flow and public open space areas.
3. Blocks intended for commercial, industrial and institutional use must be designated as such, and the plan must show adequate off street areas to provide for parking, loading docks and other facilities as may be required to accommodate motor vehicles.
4. Where a subdivision borders on, or contains a railroad right of way or limited access thoroughfare right of way, the plan commission shall require measures which will adequately screen and buffer the railroad or thoroughfare from the adjacent use. Such measures may include fencing and/or landscaping, materials which reduce noise and vibration, a street or driveway parallel to the railroad right of way, open space, deep residential lots backing to railroad or arterial street with planting screen and a no-access area at rear property lines of lots, and motor vehicle parking areas. Such distances shall be determined with due regard for the requirements of approach grades and future grade separations.
Lot Standards:
1. In general, lots should be as nearly rectangular in shape as practicable. Width and area of lots shall conform with lot width and area requirements set forth in chapter 4, "Zoning Districts", of this title. In the case of corner lots, the plan commission may make variations to encourage the proper development of intersection design and traffic safety.
2. Depth of lots shall be in accordance with plan commission requirements, but not less than one hundred fifteen feet (115') in depth for interior lots and ninety feet (90') in depth for corner lots, unless varied by the plan commission.
3. All lots shall abut on a publicly dedicated street.
4. Side lines of lots shall be at right angles or radial to the street line or substantially so.
5. Double frontage lots are not permitted except:
  1. Where lots back upon an arterial street, and in such instances, vehicular and pedestrian access between the lots and the arterial street is prohibited.
  2. Where topographic or other conditions render subdividing unreasonable, such double frontage lots shall have an additional depth of at least twenty feet (20') in order to allow for a protective screen planting on one frontage.
  3. Lots abutting upon a watercourse, drainageway, channel or stream shall be an additional depth or width, as required to provide an acceptable building site.
6. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic spots or similar conditions.
7. All lots shall conform with chapter 11, "Landscaping And Trees", and chapter 14, "Flood Damage Prevention", of this title and shall require a storm water management analysis and with the storm water drainage requirements set forth in this code.
Easements:
1. Easements shall be provided for any overhead or underground utility service, including storm water drainage, where necessary. They shall be a minimum of ten feet (10') wide, and be established at the rear of each lot and along such other lot lines as to provide continuity of alignment from block to block.
2. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a drainage easement conforming substantially with the lines of such watercourse. It shall include an additional area of at least fifteen feet (15') wide, adjoining both edges of the established area that has been identified as floodplain, as certified by the subdivider or his engineer.
Storm Water Detention: Storm water detention shall be provided for all subdivisions, except for minor subdivisions, and comply with the storm water management regulations identified in section 12-10-4 of this title.
Streets And Utilities: All streets and sidewalks shall be designed according to the standards set forth in chapter 9, "Accessways", of this title, and all utilities shall be built and placed according to chapter 10, "Utilities", of this title. (Ord. 07-07, 3-26-2007)

Morton Grove City Zoning Code

CHAPTER 12

8 SUBDIVISIONS

12-8-1: GENERAL PROVISIONS

Required Procedures: Before subdividing any tract of land (with the exception of the sale or exchange of existing parcels or tracts of land, or the division of lots and blocks in accordance with already recorded subdivisions), an owner or applicant shall complete the requirements contained in section 12-8-2, "Preliminary Plats", and section 12-8-3, "Final Plats", of this chapter. Minor subdivisions shall not be required to comply with section 12-8-2, "Preliminary Plats", of this chapter, but are required to comply with section 12-8-3, "Final Plats", of this chapter.
Consistency With Official Comprehensive Plan: No map or plat of any subdivision presented for record affecting lands within the corporate limits or within the jurisdictional boundaries as defined by section 12-1-2 of this title shall be approved by the Village board or be entitled to record, or shall be valid unless such subdivision shall provide for streets, alleys, and public grounds and is consistent with the policies that may be expressed in the official comprehensive plan, or is in the best interest of the Village.
Variations And Exceptions: The plan commission may recommend variations from these requirements in specific cases, which, in its opinion, do not affect adversely the official comprehensive plan, the best interest of the Village, or the intent of this title. Such recommendations shall be communicated to the Village board of trustees in writing, substantiating the recommended variation. The Village board of trustees may approve variations from these requirements in specific cases which, in its opinion, do not adversely affect the official comprehensive plan, the best interest of the Village or the intent of this title.
Record Of Plats: No plat of any subdivision shall be recorded in the Cook County recorder of deeds office or have any validity unless and until it shall have been approved as required by this chapter.
Permits Required:
1. Utility Services: Permits shall be obtained from the appropriate governing bodies for the installation of communication, electric power, gas and other utility services, in public or private rights of way or easements as shown on the final plat, and the required fee paid, before any installation is allowed.
2. Building: No building permit shall be issued by the Village 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, until all requirements of this chapter have been fully compiled with.
3. Occupancy: No occupancy permit shall be granted by the Village 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 that roadways providing access to the subject lot or lots have been constructed, or that are in the course of construction and are suitable for vehicular traffic.
4. Site Development: A site development permit shall be issued for development of the site which includes a lot grading plan and installation of private utility connections. No building permit shall be issued by the Village 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, until the site development conforming to the provisions of this code has been approved by the Village engineer.
5. Utilities And Accessways: No building permit shall be issued by the Village for the construction of any building until all roads are improved to at least the required base course for the finished road, and all required water mains, sewer mains, and fire hydrants are installed and approved by the Village engineer and are constructed according to a construction phasing and emergency access plan to be reviewed and approved by the building commissioner, fire department and Village engineer.
6. Right Of Way: No building permit shall be issued by the Village for the construction of any building until a right of way permit is obtained from the public works department for work in any public right of way. (Ord. 07-07, 3-26-2007)

12-8-2: PRELIMINARY PLATS

Filing: The applicant shall file the preliminary plat with building department for review by the plan commission, and pay the required filing fee and follow the procedure in the manner set forth in chapter 16, "Project Approval Process", of this title.
Required Information; Content:
1. Plat:
  1. Description: Identification and description.
  2. Subdivision Name: Proposed name of subdivision (not duplicating name of any plat heretofore recorded in Cook County - as the case might be).
  3. Legal Description: Location by section, town, and range or by other legal description.
  4. Names And Addresses: Names and addresses of owner or subdivider having control of the tract; name and seal of registered engineer or surveyor who prepared topographic survey, and designer of the plan.
  5. Scale: Graphic (engineering) scale not smaller than one inch to one hundred feet (1" = 100').
  6. North Point: North point (designated as true north).
  7. Date: Date of preparation.
  8. Conditions: Existing conditions.
  9. Boundary: Boundary line of proposed subdivision clearly indicated.
  10. Acreage Total: Total approximate acreage therein.
  11. Rights Of Way Information: Location, widths, and names of all existing or previously platted streets or other rights of way, showing type of improvement, if any, railroad and utility rights of way, parks and other public open spaces, permanent buildings and structures, easements, and section and corporate lines, within the tract.
  12. Underground Facilities: Location and size of existing sewers, water mains, culverts or other underground facilities within the tract, also indicating such data as grades, invert elevations, and location of catch basins, manholes and hydrants to a distance of one hundred feet (100') beyond the tract.
  13. Monuments, Survey Markers: 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.
  14. Design Features: Subdivision design features.
  15. Street Layout: Layout of streets showing right of way widths and street names (not duplicating name of any street heretofore used in the Village or its environs, unless a street is an extension of or in line with an already named street, in which event that name shall be used), and showing proposed through streets extended to the boundaries of subdivision.
  16. Location; Width: Location and width of alleys, pedestrianways, and utility easements.
  17. Lot Information: Layout, numbers, and typical dimensions of lots to the nearest foot, and proposed land use for each lot, parcel or tract.
  18. Setback Lines: Minimum front and side street building setback lines, indicating dimensions.
  19. Public Use Areas: Areas (other than those listed herein) intended to be dedicated or reserved for public use, indicating in each the approximate area in acres.
  20. Protective Covenants: A draft of the protective covenants shall accompany the preliminary plat.
2. Supporting Documents:
  1. Existing zoning districts (and proposed zoning districts, if a map amendment is requested).
  2. Location, widths, and names of all existing or previously platted streets or other rights of way, showing type of improvement, if any, railroad and utility rights of way, parks and other public open spaces, permanent buildings and structures, easements, and section and corporate lines, to a distance of one hundred feet (100') beyond the tract.
  3. Location and size of existing sewers, water mains, culverts or other underground facilities to a distance of one hundred feet (100') beyond the tract, also indicating such data as grades, invert elevations, and location of catch basins, manholes and hydrants.
  4. Location map, drawn at a scale of not less than one inch equals one thousand feet (1" = 1,000') showing boundary lines of adjoining unsubdivided or subdivided land, within an area bounded by nearest arterial streets or other natural boundaries, identifying type of use and ownership of surrounding land and showing alignments of existing streets.
  5. Topographic data including existing and proposed contours at vertical intervals of not more than one foot (1'). Topographic data shall refer to the Village of Morton Grove datum. Water sources, marshes, rock outcrops, wetlands, other significant features, and soil boring data at locations and depths as may be required by the plan commission.
  6. Existing and proposed preliminary centerline profile of each street and alley.
  7. Typical cross sections of streets.
  8. Preliminary location of water, sanitary sewer and storm sewer lines, with appurtenances.
  9. Preliminary location and method of storm water detention, if detention is required by this code, and calculations of required compensatory storage.
  10. Landscape plan, delineating location of all existing and proposed trees and vegetation, and which trees and vegetation are proposed to be saved.
  11. Traffic impact study and analysis.
  12. Draft form of performance guarantee conforming to the requirements of subsection 12-8-3C7 of this chapter.
  13. Proof of ownership of the property to be subdivided, and if the applicant is not the property owner, a letter from the owner authorizing the applicant to subdivide the property.
3. Homeowners' Declarations And Covenants: Draft homeowner's declarations and covenants that shall include, at a minimum, the following:
  1. Owners' Association:
    1. The membership in the owners' association shall be mandatory for each and every owner, and successive owner, of all units located on the property.
    2. The owners' association shall own and be responsible for the continuity, care, conservation, maintenance and operation in a first rate condition, and in accordance with predetermined standards, of the common areas, including, without limitation, all equipment, appurtenances, ponds, detention facilities, and perimeter fencing located on or within the common areas and the cost of power required for the affected equipment and appurtenances.
    3. The owners' association shall be responsible for casualty and liability insurance, and the Village shall be named as an additional insured on all policies of liability insurance obtained by the owners' association.
    4. The owners' of all units located on the property or the owners' association, as applicable, shall be responsible for the real estate taxes for the common areas.
    5. The owners of all units located on the property shall pay their pro rata share of all costs and expenses incurred by the owners' association by means of an assessment to be levied by the owners' association that meets the requirements for becoming a lien on the property in accordance with the statutes of the state of Illinois.
    6. The owners' association shall have the right to adjust the assessment to meet changed needs except any assessment imposed by the Village. The membership vote required to authorize an adjustment shall not be fixed at more than fifty one percent (51%) of the members voting on the issue.
    7. The owners' association shall be created and established prior to the sale of any portion of the property.
  2. General Provisions:
    1. The Village, as well as the owners of the units located on the property shall have the right to enforce the declaration.
    2. The Village shall have the right, but not the obligation, after ten (10) days' written notice to the owners' association:
      1. To perform any maintenance or repair work that, in the sole opinion of the Village, the owners' association has neglected to perform on the common areas,
      2. To assess the membership for that work, and
      3. To enforce the lien in the manner provided by law for mortgage foreclosure proceedings.
    3. The declaration shall run with and bind any and all portions of the property and shall be binding on the owner, and its successors in interest, to all portions of the property; provided, however, that the declaration may provide for its amendment, modification, or termination at any time upon obtaining the prior consent of the Village to said amendment, modification, or termination.
Approval Conditions:
1. Revisions: The plan commission may recommend, or the Village board of trustees may require, such changes or revisions as are deemed necessary in the interest and needs of the community.
2. Significance Of Preliminary Plat Approval: The approval of a preliminary plat does not authorize the construction of any improvements within the subdivision or the commencement of any site preparation work. Approval of a preliminary plat shall be valid for one year from the effective date of this title adopted by the board of trustees and may be extended by the board of trustees at its sole and absolute discretion, upon a written request from the applicant prior to the expiration of the one year period.
3. Review: Subsequent to approval of general acceptability of the layout and prior to filing a final plat, the building commissioner, Village engineer and other public officials having jurisdiction shall review proposed plans and specifications pertaining to water supply and water distribution system; storm water detention drainage system; sanitary sewerage system; gas, telephone and electric service; street lighting; street signs; fire hydrants; grading, gradients, and widths of roadways and sidewalks when required; and the surfacing of streets and sidewalks; also proposed detailed grading plans of blocks and lots as deemed necessary by the plan commission. Prior to being forwarded to the board of trustees, and plan commission, if necessary, the Village engineer and other public officials having jurisdiction shall approve or make recommendations for revision in the proposed plans and specifications, and they shall certify approval of final plans and specifications.
4. Flood Requirements: All subdivisions shall comply with the flood damage prevention regulations in chapter 14, "Flood Damage Prevention", of this title. (Ord. 07-07, 3-26-2007)

12-8-3: FINAL PLATS

Filing:
1. Timing: Within one year after receiving the approval of the preliminary plat by the Village board of trustees, or any such extension of time, the applicant shall submit to the building commissioner, an original final plat substantially conforming to the approved preliminary plat, together with the supporting documentation, and the appropriate number of copies of the final plat which shall also contain all required certifications and supporting documents.
2. Review:
  1. Final Plat With No Significant Changes: If the final plat does not vary significantly from the preliminary plat, the procedure for final plat approval shall be in accordance with subsection 12-16-4B, "Abbreviated Procedure", of this title, where the building commissioner or his designee, the plan commission chairman, Village administrator, and corporation counsel shall review the final plat. If they unanimously find that the proposed final plat is in substantial compliance with the preliminary plat, a memorandum will be sent to the board of trustees for final plat approval.
  2. Final Plats With Significant Changes And Minor Subdivisions: If the final plat varies significantly from the preliminary plat, or there are special problems or issues outstanding, or the final plat submitted is for a minor subdivision where a preliminary plat is not required, the application shall be in accordance with the filing procedure for preliminary plats as set forth in chapter 16, "Project Approval Process", of this title.
3. Approval: No final plat shall be approved by the board of trustees, without receiving a statement signed by the Village engineer certifying that the improvements described in the applicant's plans and specifications, together with the supporting documents and agreements, meet the minimum requirements of the Village, county, state and other authorities having jurisdiction and that improvements comply as herein provided.
4. Recordation: Following the final action by the Village board of trustees, the building commissioner or his/her designated representative shall notify the owner or subdivider. If the plat is approved, a transparency print shall be prepared by the subdivider, and all copies necessary for recordation by the Cook County recorder of deeds. All required certificates shall then be signed and the plat submitted to the building commissioner or designated representative for the signatures of the Village, required certificates, and for recordation with the recorder of deeds of Cook County, Illinois. The Village shall record the plat; however, the cost shall be borne by the applicant.
  
  Any approval of the final plat by the Village board of trustees shall however be null and void if the plat is not recorded in the exact form approved, with the recorder of deeds of Cook County, Illinois, within ninety (90) days after the date of approval, unless application for an extension of time is made in writing during said ninety (90) day period of the Village board of trustees, and granted. After the final plat is recorded, the original and one print of the plat bearing evidence of recordation shall be kept by the Village, the original on file at the public works department and the copy with the building commissioner.
Required Information; Content:
1. Plat:
  1. Form: All information, except topographic data, required on the preliminary plat to be shown accurately, produced on Mylar, blue linen, or equal, in a manner that clear and legible contact prints or photostatic copies may be made, and that is acceptable to the Cook County recorder of deeds.
  2. Additional Delineation: Accurate angular and linear dimensions for all lines, angles and curvatures with functions used to describe all boundaries including perimeter survey of tract, streets, alleys, easements, areas to be reserved for public use, and other important features. Error of closure of boundary line surveys shall not exceed one foot (1') in ten thousand foot (10,000') perimeter survey. Lot lines shall show dimensions in feet and hundredths, and when an angle occurs in any lot line between lot corners, the measurement of the angle shall be shown in degrees, minutes and seconds.
  3. Identification System: An identification system for all lots and blocks.
  4. Street Lines; Official Monuments: True angles and distances to the nearest established street lines and official monuments (not less than 3), which shall be accurately described in the plat by location, size and elevation.
  5. Municipal, Township, County, Section Lines: Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and angles.
  6. Monument Location: Accurate location of all monuments which shall be Portland cement concrete, four inches by six inches by twenty four inches (4" x 6" x 24"), or approved equal, with iron pipe cast in center. Permanent stone or concrete monuments shall be set at each corner or angle on the outside boundary. Pipes three-fourths inch (3/4") in diameter or steel rods onehalf inch (1/2") in diameter by eighteen inch (18") length, placed at the corners of each lot and block, at each intersection of street centerlines, at angle points and at the ends and at suitable intervals along curves. All U.S., state, county, Village or other official bench marks, monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position.
  7. Public Use Areas: Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, or for the exclusive use of property owners within the subdivision, with the purpose indicated thereon.
  8. Protective Covenants: Protective covenants shall be lettered on the final plat, or appropriately referenced thereon, including a covenant indicating the following:
    
    Without prior written consent of the Village of Morton Grove, no lot owner shall take nor permit any action with respect to such owner's lot, the effect of which shall affect the drainage of water pursuant to the drainage plan approved by the Village of Morton Grove.
  9. Certifications, Signature Blocks: Required certifications and signature blocks available from the building department.
  10. Pin Number(s): Existing pin number(s).
  11. Statement: Statement that the original recorded plat will be sent to:
    
    Village of Morton Grove
    6101 N. Capulina Avenue
    Morton Grove, Illinois 60053
2. Supporting Documents:
  1. Special Studies; Additional Items: Any special studies or additional items required by the plan commission or the Village board of trustees.
  2. Covenants: All covenants such as homeowners' association covenants and agreements which are to be applied to the property.
  3. Final Plans; Specifications: Final engineering plans and specifications of all required land improvements including streets, water, sanitary and storm improvement and other utilities. Said plans and specifications shall bear the seal of an Illinois registered professional engineer.
  4. Grading Plan: A grading plan for the site indicating the location, size and species of trees to be saved, and a plan establishing the methods to be used for preserving the trees that are to be saved.
  5. Storm Water Management Analysis: For minor subdivisions storm water management analysis will consist of a description of how storm water drainage will be accomplished.
  6. Topographic Data: For minor subdivisions only, topographic data, including existing and proposed contours at vertical intervals of not more than one foot (1').
Required Agreements, Guarantees: The final plat to be placed on record shall be accompanied by a performance guarantee for the construction and installation of public and private improvements to the Village engineer for approval and acceptance, setting forth the following:
1. Plans and specifications are completed for the required improvements in accordance with this chapter, clearly describing the same as approved by the Village engineer. All work shall be done in accordance with the Village of Morton Grove construction standards (latest edition) and include the following:
  1. Permanent subdivision monuments and lot corner markers.
  2. Transportation system improvements, including:
    1. Public and private streets, and all related frontage and intersection improvements;
    2. Streetlights;
    3. Parkway tree plantings;
    4. Street signs, signals and apparatus;
    5. Public and private sidewalks, trails and bike paths;
    6. Other traffic related improvements contemplated as part of the subdivision or development.
  3. Environmental protection and site preparation measures, including:
    1. Grading and related site preparation work;
    2. Erosion and sediment controls during the various phases of site development (including site and lot grading, construction entrances, diversion dikes, silt fences, sediment traps, seeding and site stabilization); and
    3. Other special environmental protection measures which are a component of the final engineering plans.
  4. Public utility systems, including:
    1. Public and private storm sewer system (pipes, inlets, manholes, swales, detention ponds, and all related structures and apparatus);
    2. Public water system (pipes, valves, fire hydrants and related system improvements); and
    3. Sanitary sewer system (pipes, manholes, lift stations and related system improvements).
  5. Common facilities which are contemplated as part of the subdivision specified in the final engineering plans.
  6. Other public and private improvements specified in the final engineering plans.
2. Proposed site development schedule for installation of guaranteed public and private improvements. Approval of all site development permits, building permits and certificates of occupancy, shall be in accordance with the concurrence of the Village engineer, the fire department and the building commissioner.
3. Method of satisfying any applicable requirements for dedicating or contributing monies for future acquisition of public lands in accordance with this title, if not waived by the Village board of trustees.
4. All covenants, restrictions, dedications, and easements necessary for the subdivision, including the documents of the property owners' association.
5. Agreement to pay all costs, payments, permit fees, or other fees attributable to the subdivision.
6. Estimates for the cost of construction (or actual executed construction contracts) for public and private improvements contemplated in the final engineering plan, submitted to the Village engineer. The Village engineer shall review such estimates or construction contracts and, if acceptable, approve the amount of the performance guarantee. The amount of the performance guarantee shall be based upon:
  1. One hundred twenty five percent (125%) of the total estimate of construction costs and inspection fees for all guaranteed improvements; or
  2. One hundred ten percent (110%) of the total construction costs as indicated in an approved and executed construction contract, plus inspection fees for all guaranteed improvements.
7. A good and sufficient security, preferably a letter of credit, to be deposited with the finance director and treasurer in a form approved by the Village engineer and Village attorney, and shall specify the terms and conditions noted below:
  1. Cash Escrow: A cash deposit may be used as a guarantee, provided the total amount of the guarantee required is placed with the Village engineer and deposited with the finance director and treasurer and administered in accordance with the provisions of the subdivision or development agreement.
  2. Irrevocable Letter Of Credit And Cash; Surety Bond: An irrevocable letter of credit or surety bond may be used as a guarantee, provided such letter of credit or surety bond is issued by a financial institution approved by the Village engineer and reviewed and approved by corporation counsel, the administration of such letter of credit or surety bond conforms to the terms of the subdivision or development agreement. The financial institution issuing the irrevocable letter of credit or surety bond shall:
    1. Be insured by the Federal Depository Insurance Corporation or Federal Savings and Loan Insurance Corporation;
    2. Be chartered in the state of Illinois or have a registered agent in Illinois;
    3. Have adequate capital, assets, earnings and liquidity to ensure the financial soundness of the issuing institution, as determined by the Village engineer and reviewed and approved by corporation counsel; and
    4. In the case of a surety bond, be licensed and authorized by the Illinois department of insurance to sell and issue sureties in the state of Illinois.
8. The above security shall include the following terms and conditions:
  1. The guarantee shall have an expiration date not less than two (2) years or three (3) months beyond the date specified in an approved subdivision or development agreement.
  2. Not less than thirty (30) days prior to the expiration of such guarantee, the Village engineer shall be given written notice by means of certified or registered mail, indicating that such guarantee is to expire. No guarantee shall expire absent such notice.
  3. Failure of the applicant to install such guaranteed improvements prior to the scheduled completion date, as specified in the approved site development schedule, shall be considered a default by the applicant and the issuing institution.
  4. The guarantee shall only be released or reduced by the issuing institution upon written certification by the Village engineer stating:
    1. That said guarantee may be released or reduced in accordance with this section, and
    2. The amount of such discharge or reduction.
  5. If at any time the Village determines that the institution issuing the guarantee is without adequate capital, assets, earnings and liquidity as required, is unable to meet any federal or state requirement for reserves, is insolvent, is in danger of becoming any of the foregoing, or is otherwise in danger of being unable to honor such guarantee at any time during its term, or if the Village otherwise reasonably deems itself to be insecure, then the Village shall have the right to demand that the applicant provide a replacement guarantee from an institution satisfactory to the Village. Such replacement guarantee shall be deposited with the Village not later than ten (10) days following such demand.
  6. If the applicant fails or refuses to complete the construction of the public and private improvements covered by the guarantee or fails or refuses to correct any defect or deficiency in such improvements upon request by the Village, or in any other manner fails or refuses to meet fully any of its obligations under the guarantee or the applicable subdivision or development agreement, then the Village may, in its sole and absolute discretion, retain all or any part of the guarantee. The Village thereafter shall have the right to exercise any other action it deems reasonable and appropriate to mitigate the effects of such failure or refusal, and to reimburse itself from the proceeds of the guarantee for all of its costs and expenses, including legal fees and administrative expenses. If the funds remaining in the guarantee are insufficient to repay fully the Village for all such costs and expenses, and to maintain a cash reserve equal to the required guarantee during the entire time of such costs and expenses, and to maintain a cash reserve equal to the required guarantee during the entire time such guarantee should have been maintained, then the subdivider shall, upon demand of the Village therefor, immediately deposit with the Village such additional funds as the Village determines necessary.
  7. The applicant may make a written request to the Village engineer to partially reduce the amount of the approved performance guarantee. The Village engineer shall be authorized to approve such partial reductions in the amount of the performance guarantee, provided:
    1. There shall be no more than three (3) partial reductions approved in the amount of the performance guarantee during the life of the subdivision;
    2. Partial reductions shall be authorized only following the acceptable completion of the following improvements:
      1. All underground storm drainage, sanitary sewer and water supply systems have been properly installed and all erosion and sediment controls are operational;
      2. All curb, gutter, sidewalk and base course paving for public and private streets have been properly constructed; and
      3. All lots have been graded and all storm detention facilities are operational;
    3. The inspection reports for the subdivision evidence acceptable completion of the above;
    4. The amount of such partial reduction shall not exceed seventy five percent (75%) of the estimated cost to construct such improvements;
    5. In no event shall the amount of the performance guarantee be reduced to a level which, in the sole and absolute opinion of the Village engineer, would not allow the Village to complete the installation of public and private improvements associated with the subdivision; and
    6. In no event shall any portion of the cash deposit be reduced prior to final release of the performance guarantee.
  8. Following the Village acceptance of all public improvements and the Village engineer's certification that all public and private improvements included in the guarantee have been one hundred percent (100%) completed to the satisfaction of the Village engineer, the guarantee shall be released.
9. An acknowledgment by the applicant that the Village is not and shall not be liable for, and that the Village shall be held harmless and indemnified from, any damages or injuries that may be sustained as the result of the Village's review and approval of any plans for the subject property.
Acceptance Of Public Improvements: Public improvements shall not be considered accepted by the Village unless:
1. Each of the following reviews and actions have been successfully performed:
  1. Filing with the Village engineer a formal written request to accept the improvements by the applicant;
  2. Certification by the Village engineer that all, or specific individual, public improvements required to be constructed or installed have been fully, or individually, completed in accordance with all applicable plans and specifications, and that the inspected construction or installation thereof has been approved;
  3. Submission by the applicant of all appropriate as built drawings of improvements, as approved by the Village engineer;
  4. All appropriate Village code enforcement complaints have been resolved to the satisfaction of the building commissioner;
  5. All necessary maintenance guarantees have been received and approved by the Village engineer; and
  6. The adoption by the board of trustees of a resolution, officially accepting the improvements and releasing the applicable performance guarantee on behalf of the Village.
2. Prior to the acceptance of required public improvements by the Village, the applicant shall execute a maintenance agreement, acceptable in form and substance to the Village attorney, for the repair or replacement of defective materials and workmanship for a period of time extending two (2) years from the effective date of Village acceptance of such improvements. A maintenance guarantee conforming to the requirements of this subsection shall be submitted with the maintenance agreement. The amount of the maintenance guarantee shall be ten percent (10%) of the total amount of the initial performance guarantee for the subdivision. The Village engineer shall be authorized to execute such agreements on behalf of the Village following board of trustees acceptance of such improvements. If, after two (2) years, no defects in workmanship or materials have developed, the maintenance guarantee shall be released by the Village engineer. In the event any defects are identified by the Village engineer during the term of the maintenance guarantee, the balance of such guarantee shall be released only after:
  1. The Village has been fully reimbursed for amounts expended in correcting defective improvements, or
  2. The applicant or developer has successfully repaired all such defects to the satisfaction of the Village engineer. (Ord. 07-07, 3-26-2007)

12-8-4: DESIGN STANDARDS

Block Standards:
1. The maximum lengths of blocks shall be one thousand two hundred (1,200) linear feet. Blocks over nine hundred feet (900') in length may require pedestrianways at their approximate centers for access to schools, parks or other destinations as may be required by the plan commission.
2. No specific rule concerning the shape of blocks is made, but blocks must fit readily into the overall plan of the subdivision, and their design must evidence consideration of topographical conditions, lot planning, traffic flow and public open space areas.
3. Blocks intended for commercial, industrial and institutional use must be designated as such, and the plan must show adequate off street areas to provide for parking, loading docks and other facilities as may be required to accommodate motor vehicles.
4. Where a subdivision borders on, or contains a railroad right of way or limited access thoroughfare right of way, the plan commission shall require measures which will adequately screen and buffer the railroad or thoroughfare from the adjacent use. Such measures may include fencing and/or landscaping, materials which reduce noise and vibration, a street or driveway parallel to the railroad right of way, open space, deep residential lots backing to railroad or arterial street with planting screen and a no-access area at rear property lines of lots, and motor vehicle parking areas. Such distances shall be determined with due regard for the requirements of approach grades and future grade separations.
Lot Standards:
1. In general, lots should be as nearly rectangular in shape as practicable. Width and area of lots shall conform with lot width and area requirements set forth in chapter 4, "Zoning Districts", of this title. In the case of corner lots, the plan commission may make variations to encourage the proper development of intersection design and traffic safety.
2. Depth of lots shall be in accordance with plan commission requirements, but not less than one hundred fifteen feet (115') in depth for interior lots and ninety feet (90') in depth for corner lots, unless varied by the plan commission.
3. All lots shall abut on a publicly dedicated street.
4. Side lines of lots shall be at right angles or radial to the street line or substantially so.
5. Double frontage lots are not permitted except:
  1. Where lots back upon an arterial street, and in such instances, vehicular and pedestrian access between the lots and the arterial street is prohibited.
  2. Where topographic or other conditions render subdividing unreasonable, such double frontage lots shall have an additional depth of at least twenty feet (20') in order to allow for a protective screen planting on one frontage.
  3. Lots abutting upon a watercourse, drainageway, channel or stream shall be an additional depth or width, as required to provide an acceptable building site.
6. In the subdividing of any land, due regard shall be shown for all natural features, such as tree growth, watercourses, historic spots or similar conditions.
7. All lots shall conform with chapter 11, "Landscaping And Trees", and chapter 14, "Flood Damage Prevention", of this title and shall require a storm water management analysis and with the storm water drainage requirements set forth in this code.
Easements:
1. Easements shall be provided for any overhead or underground utility service, including storm water drainage, where necessary. They shall be a minimum of ten feet (10') wide, and be established at the rear of each lot and along such other lot lines as to provide continuity of alignment from block to block.
2. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, there shall be provided a drainage easement conforming substantially with the lines of such watercourse. It shall include an additional area of at least fifteen feet (15') wide, adjoining both edges of the established area that has been identified as floodplain, as certified by the subdivider or his engineer.
Storm Water Detention: Storm water detention shall be provided for all subdivisions, except for minor subdivisions, and comply with the storm water management regulations identified in section 12-10-4 of this title.
Streets And Utilities: All streets and sidewalks shall be designed according to the standards set forth in chapter 9, "Accessways", of this title, and all utilities shall be built and placed according to chapter 10, "Utilities", of this title. (Ord. 07-07, 3-26-2007)