A.

Applicability. Approval of a subdivision application shall be required for the subdivision or resubdivision of a lot into two or more lots, the consolidation of two or more lots, or a change in the boundary of one or more lots. An applicant must comply with these regulations in order to divide, consolidate, or alter the boundaries of a lot within the Village or within its extraterritorial jurisdiction. The Village shall not grant any permits for the improvement or occupancy of any lot until the requirements of this Section have been met and the subdivision application has been approved, the final plat has been recorded with the Cook County or Will County Recorder of Deeds, and a copy of the recorded document deposited with the Village.

B.

Subdivision Development Standards. All subdivisions must comply with the development standards established in Article IV (Zoning District Regulations) and Article X (Subdivision Development Standards).

C.

Plat Act Exceptions. Properties described in the Plat Act (765 ILCS 205/1 et seq.) are specific exceptions from the subdivision procedures of this Article unless otherwise required in § IX-1.D. (Subdivision Classification).

D.

Subdivision Classification. Subdivisions shall be classified as minor or major according to the following standards.

1.

Minor Subdivision. A minor subdivision involves any of the following:

a.

The division of a single lot into two lots which front on an existing right-of-way which is not under state or county jurisdiction, are served by existing utilities, and do not involve the dedication of land for public rights-of-way, parks, or other public purposes.

b.

The consolidation of, or change in boundary between, two adjoining lots.

2.

Major Subdivision. A major subdivision involves any of the following:

a.

The division of a single lot into three or more lots.

b.

Any division or consolidation that involves the construction of new rights-of-way, access to a state or county highway, the extension of utilities, or the dedication of land for public rights-of-way, parks, or other public purposes.

c.

The consolidation of, or change in boundary between, three or more adjoining lots.

(Ord. No. 2078, 12-11-17)

This Ordinance classifies subdivision applications as either minor subdivisions approved by the Zoning Administrator, or major subdivisions approved by the Village Board. Applications for minor subdivision and major subdivision shall be filed with the Zoning Administrator in accordance with § VIII-2.B (Application Procedure).

A.

Minor Subdivision. Approval of a minor subdivision requires a pre-application consultation and preliminary plat approval.

1.

Pre-Application Consultation. The purpose of the required pre-application consultation is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate Village staff prior to preparation of the required preliminary plat.

a.

Action by the Zoning Administrator.

(1)

A sketch plan of the proposed subdivision is required showing a sketch of the proposed layout of lots and other features in relation to existing conditions.

(2)

During the pre-application consultation, the Zoning Administrator will determine if the proposed subdivision is exempt from any items required in the preliminary plat submittal.

2.

Preliminary Plat Approval. The purpose of the required preliminary plat is to allow the applicant to obtain final approval of the preliminary plat from the Zoning Administrator.

a.

Action by the Zoning Administrator.

(1)

Upon determining that the application is complete, the Zoning Administrator shall evaluate the application pursuant to the standards of Article IV (Zoning District Regulations) and Article X (Subdivision Development Standards). The Zoning Administrator shall consult with the Village Engineer and other staff during the evaluation process.

(2)

The Zoning Administrator shall render a decision within 30 days after receipt of a complete application and take action in the form of approval, approval with conditions, or denial of the application.

(a)

If a preliminary plat is approved without conditions, the plat is considered the final plat.

(b)

If a preliminary plat is approved with conditions, the applicant must revise the plat based on such conditions, and present the revised plat to the Zoning Administrator for approval. Following approval of all revisions, the plat is considered the final plat.

(c)

If the preliminary plat is denied, the applicant may appeal the decision to the Planning and Zoning Commission within 30 days after the date of the final decision in accordance with § VIII-3.F (Zoning Appeal).

(3)

The Village will record the final plat with the Cook County or Will County Recorder of Deeds. One copy of the recorded final plat shall be deposited with the Village, and will become the property of the Village. All fees for copies of the final plat shall be the responsibility of the applicant.

(4)

A building permit shall not be issued for the subject property until the final plat has been recorded with the Cook County or Will County Recorder of Deeds and a copy of the recorded document deposited with the Village. In cases where the plat includes the consolidation of lots, a building permit may be issued prior to Zoning Administrator approval.

B.

Major Subdivision. Approval of a major subdivision requires a pre-application consultation, preliminary plat approval, and final plat approval.

1.

Pre-Application Consultation. The purpose of the required pre-application consultation is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate Village staff prior to preparation of the required preliminary plat.

a.

Action by the Zoning Administrator.

(1)

A sketch plan of the proposed subdivision is required showing a sketch of the proposed layout of lots, stormwater detention areas, and other features in relation to existing conditions.

(2)

During the pre-application consultation, the Zoning Administrator will determine if the proposed subdivision is exempt from any items required in the preliminary plat submittal.

2.

Preliminary Plat Approval. The purpose of the required preliminary plat is to allow the applicant to obtain final approval of the preliminary plat from the Planning and Zoning Commission and the Village Board.

a.

Action by the Zoning Administrator.

(1)

Upon determining that the application is complete, the Zoning Administrator shall evaluate the application pursuant to the standards of Article IV (Zoning District Regulations) and Article X (Subdivision Development Standards). The Zoning Administrator shall consult with the Village Engineer and other staff during the evaluation process.

(2)

The Zoning Administrator will prepare written comments on any deficiencies in the preliminary plat, and will forward these comments to the applicant to prepare a revised plat for submission. Upon receipt of the comments, it is the responsibility of the applicant to ensure that all deficiencies are addressed.

(3)

The Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon the standards of this Article and schedule the application for consideration by the Planning and Zoning Commission.

b.

Action by the Planning and Zoning Commission.

(1)

The Planning and Zoning Commission shall conduct a public hearing on a proposed preliminary plat at a regularly scheduled meeting in accordance with § VIII-2.D (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.

(2)

The Planning and Zoning Commission shall recommend approval or denial of the application.

(3)

The Planning and Zoning Commission shall forward its recommendation and the minutes of its public hearing to the Village Board within 60 days after the close of the public hearing.

c.

Action by the Village Board.

(1)

The Village Board shall consider the application at a regularly scheduled meeting within 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant.

(2)

The Village Board shall take action in the form of approval, approval with conditions, or denial of the application.

(a)

If a preliminary plat is approved without conditions, the plat is considered the final plat, and may be submitted to the Village Board for approval as a final plat after the applicant has completed any necessary public improvements in accordance with § X-4 (Required Public Improvements) and § IX-6 (Acceptance of Streets and Public Improvements).

(b)

If a preliminary plat is approved with conditions, the applicant must revise the plat based on such conditions, and present the revised plat to the Village Board for approval. Following approval of all revisions, the plat is considered the final plat, and may be submitted to the Village Board for approval as a final plat after the applicant has completed any necessary public improvements in accordance with § X-4 (Required Public Improvements) and § IX-6 (Acceptance of Streets and Public Improvements).

(c)

If a preliminary plat is denied, the Village Board shall state the reasons for the denial.

3.

Final Plat Approval.

a.

Before a plat is approved as a final plat by the Village Board, the applicant must make all payments of any outstanding taxes and special assessments levied against the property being platted. In vacating subdivisions previously platted, the applicant must submit evidence of the payment of all taxes and special assessments levied against the property.

b.

Before a plat is approved as a final plat by the Village Board, the applicant must complete any necessary public improvements in accordance with § X-4 (Required Public Improvements) and § IX-6 (Acceptance of Streets and Public Improvements).

c.

The final plat must be recorded within 90 days after Village Board approval of the final plat, unless the applicant requests an extension of time in writing and such extension is agreed to by the Village Board. The plat approval will expire if the final plat is not recorded in such timeframe, including any agreed upon extensions of time.

(1)

The Village will record the final plat with the Cook County or Will County Recorder of Deeds. One copy of the recorded final plat shall be deposited with the Village, and will become the property of the Village. All fees for copies of the final plat shall be the responsibility of the applicant.

(2)

A building permit shall not be issued for the subject property until the final plat has been recorded with the Cook County or Will County Recorder of Deeds and a copy of the recorded document deposited with the Village, and construction security has been established per § IX-5 (Construction Security). In cases where the plat includes the consolidation of lots, a building permit may be issued prior to Village Board approval.

C.

Exceptions.

1.

Particular Difficulties or Unnecessary Hardships. The Planning and Zoning Commission may recommend and the Village Board may grant exceptions to the standards of Article X (Subdivision Development Standards) for major subdivisions, where there are particular difficulties or unnecessary hardships in carrying out the strict letter of these standards.

2.

Additional Conditions as Deemed Necessary. In considering requests for exceptions, the Planning and Zoning Commission may recommend and the Village Board may impose additional conditions as deemed necessary to protect the public health, safety, and welfare.

3.

Zoning District Regulations. In no case may an exception to any requirements of Article IV (Zoning District Regulations) be granted as part of subdivision approval. Exceptions to Article IV (Zoning District Regulations) must be granted as variances in accordance with § VIII-3.D (Variation).

D.

Special Flood Hazard Area Review Standards and Requirements.

1.

Known Flood Hazards. The Village Engineer will take known flood hazards into account in all official actions related to subdivisions and shall obtain the most recent Special Flood Hazard Area maps and data for any unincorporated areas being considered for subdivision.

2.

Drainage of Surface Waters. Plats for new subdivisions must include a signed statement by the Village Engineer that the plat accounts for changes in the drainage of surface waters in accordance with the Plat Act (765 ILCS 205). Plats for new subdivisions must display the following data:

a.

The boundary of the Special Flood Hazard Area.

b.

The boundary of the floodway shown on the Special Flood Hazard Area maps.

c.

Easements dedicated to the Village for channel maintenance purposes.

d.

The base flood elevation for each building site.

e.

For subdivisions in Cook County, Metropolitan Water Reclamation District of Greater Chicago (MWRD) Inundation Maps.

3.

Plans for Development Activities. Plans for the development activities to be undertaken in the Special Flood Hazard Area must be reviewed by the Zoning Administrator to ensure that they comply with this Section.

(Ord. No. 2078, 12-11-17)

Every application shall be accompanied by the required filing fee as established and modified from time to time in the Village Code of Ordinances. Until the fee is paid, no steps shall be taken to process the application. Applications initiated by the Village shall be exempt from fees.

(Ord. No. 2078, 12-11-17)

A.

Illegal Sale. Any person who sells or leases any lot within the Village before all of the requirements of article IX (Subdivision Applications) are met, the lot or the subdivision containing such lots has been approved by the Village Board, or the lot has been properly recorded as a lot of record within a legal subdivision with the Cook County or Will County Recorder of Deeds, is in violation of these regulations. The Village is authorized to prosecute such person and institute proceedings to have the conveyance of the illegal lot nullified and stricken from county records.

B.

Illegal Recording. No subdivision within the Village is entitled to record a final plat until it has been approved in accordance with these regulations. In the event that an unapproved subdivision is recorded, it is invalid and the Village is authorized to prosecute such person and institute proceedings to have the conveyance of the illegal lot nullified and stricken from county records.

(Ord. No. 2078, 12-11-17)

A.

Timeframe and Amount. After the Village Engineer has approved the final engineering documents, the property owner shall submit to the Village Engineer, construction security to guarantee completion of public improvements prior to the expiration of two years from the approval of the preliminary plat of subdivision. Such construction security shall be in an amount determined by the Village Engineer to be sufficient to cover the cost of all public improvements required within such subdivision, but not in excess of 110% of the amount of the final public improvement cost estimate. Such construction security shall be made in one of the following forms:

1.

Cash Security Deposit. A cash security deposit, together with an agreement for the disposition thereof, in form and substance approved by the Village Engineer; or

2.

Letter of Credit. A commercial bank letter of credit in form and substance approved by the Village Engineer and drawn on a bank located within a 50 mile radius of the Village unless otherwise approved by the Village Engineer.

B.

Procedure. The method of creating such construction security shall, in each case, expressly provide the following:

1.

Withdrawal of Funds. In the event that, as determined by the Village Engineer, any public improvement is not being properly constructed, completed, transferred and accepted within two years from the approval of the preliminary plat of subdivision, the funds represented by such security or any portion thereof, may be withdrawn by the Village, or a draft under any such letter of credit may be presented, upon the sole discretion of the Village Engineer. Such action shall be honored and paid by the surety, and disbursed to the Village Treasurer, to be held and used only for the payment of the cost of such public improvements or any portion thereof, and administrative costs in taking such action, including collection costs and attorney fees.

2.

That such security may be drawn upon demand of the Village in an amount equal to the cost of the Village for maintenance or restoration of such public improvements during the aforesaid two-year period, upon the sole determination by the Village Engineer, that the requirements of this ordinance or applicable regulations regarding such maintenance and restoration have not been complied with by the property owner, and that either of the following conditions exist:

a.

Failure of the Owner to properly protect, maintain or restore existing public improvements will cause material deterioration thereto.

b.

Failure of the Owner to properly protect, maintain or restore existing public improvements will present an imminent hazard to life or property within the subdivision or in areas adjacent thereto.

C.

Insufficient Funds. In the event the construction security is insufficient to fund any charges, costs or expenses described in this section, including collection costs and attorney fees, the Owner shall be responsible for such deficiency. The Owner shall cause such deficiency to be paid to the Village upon 30 days notice. In the event such payment is not made in a timely fashion, the Village may institute appropriate proceedings to collect such amounts, plus all costs associated with such collection, including attorney fees.

(Ord. No. 2078, 12-11-17)

A.

Engineering Inspections.

1.

Approval. All plans and specifications for required subdivision improvements shall be approved by the Village Engineer and improvements shall be installed an accepted by the Village Board prior to approval of the final plat by the Village Board.

2.

As-Built Plans. Following completion of construction, as-built plans shall be submitted, indicating the exact locations of all information required by the Village Engineer, including, but not limited to, water mains and bends, street lighting systems, manholes, storm sewers, sanitary sewers, stormwater BMPs, valves, service connections, and other similar facilities. Plans shall be reviewed for accuracy and approved by the Village Engineer, and filed with the Department of Public Works.

B.

Acceptance of Subdivision Improvements.

1.

Village Board Approval. After the Village Engineer certifies that all required subdivision improvements have been constructed and installed in accordance with previously approved plans and specifications, such improvements shall be accepted by the Village Board.

2.

Permanent Connections. No permanent connections shall be made to any wastewater collection, water distribution, or street lighting systems by the applicant until after the Village Engineer has certified that the required improvements have been properly constructed, said improvements have been accepted by the Village Board, and all fees have been paid to the Village.

3.

Liability by the Village. The Village shall not be liable for any damages that may occur on any dedicated right-of-way within a new subdivision that has not been accepted as completed by the Village Board. The developer, its agents and employees shall indemnify, hold harmless, and defend the Village against all claims that may be submitted. These provisions shall be included in any subdivision improvement agreement between the Village and the developer.

C.

Deposit Required. No improvements shall be accepted by the Village until the subdivider provides a cash deposit, irrevocable letters of credit (in a form approved by the Village Attorney), or maintenance bond equal to ten percent of the estimated cost of the improvements. This deposit shall be a guarantee of satisfactory performance of the improvements constructed within the subdivision and shall be held by the Village for a period of 12 months after acceptance of such facilities by the Village.

D.

Refund Requirements. After the end of this 12 month period, the deposit shall be refunded or the letter of credit or bond shall be released if no defects in materials or workmanship have developed. If any defects have developed, then the Village shall repair or cause the repair of all such defects and shall deduct the actual costs of these repairs from the maintenance security posted by the subdivider and the balance of such deposit shall be refunded.

E.

Performance Guarantee Release. The deposit required by § IX-6.C (Deposit Required) shall be posted with the Village immediately upon completion and approval of the construction of said improvements, and the performance guarantee for the improvement shall thereupon be released.

F.

Developer Responsibility. The developer shall be responsible for keeping clear of ice and snow all dedicated streets within the subdivision which have been improved but not yet accepted by the Village. If the developer fails to clear ice and snow from any such street within six hours of any snowfall, such failure shall be considered a violation of the provisions of this Section.

G.

Agreement with Village. The developer may fulfill the obligations imposed by § IX-6.F (Developer responsibility) by entering into an agreement with the Village whereby the Village shall clear such streets of ice and snow in consideration of the developer's agreement to hold the Village harmless for any damage to subdivision street improvements resulting from ice and snow removal. The developer shall also agree to repair any such damages prior to acceptance of such street improvements by the Village.

H.

Improvement Conveyance. As a condition of acceptance of all required subdivision improvements, the developer shall convey all completed improvements to the Village by a bill of sale in a form approved by the Village Attorney.

I.

Completion of Streets and Public Improvements.

1.

Withdrawal of Funds to Complete Public Improvements. If the Owner shall fail to complete all public improvements within two years, or within such further time as the Village Engineer may grant, the Village Engineer may withdraw all funds provided as construction security, per § IX-5 (Construction Security) and may utilize such funds to cause the performance of any work necessary to complete the streets and public improvements or to bring them into conformance with approved plans and codes or ordinances of the Village. The Owner shall be obligated to reimburse the Village for all costs, including but not limited to attorney fees and court costs, incurred in excess of such funds in order to complete the required public improvements.

2.

Village Discretion. Nothing herein shall require the Village to undertake any completion, maintenance, protective or repair work of any public improvement which has not been transferred to and accepted by the Village. It is expressly provided that the Village has the right, but not the obligation, to perform such work at its sole discretion.

(Ord. No. 2078, 12-11-17)