The purpose of this Section is to establish the applicability, procedures, requirements, and approval standards for the annexation and subdivision of property in the City.

A.

Purpose. The purpose of this application is to provide a procedure for annexation of unincorporated land to the City of Waukegan. It is specifically intended to establish standards to mitigate the fiscal impacts of annexation, to ensure that public facilities are available and will have sufficient capacity to serve the land to be annexed, and to protect the character and the social and economic stability of all parts of the City.

B.

Procedure. See Figure 3.02-1 Annexation Application Procedure.

Figure 3.02-1 Annexation Application Procedure

1.

Action by the Zoning Administrator

a.

An application for annexation into the corporate boundaries of the City, including the negotiation of an annexation agreement, must be filed with the Zoning Administrator in accordance with Section 2.06 (Application Procedure). If the subject property is incorporated within a different municipality, the owner must first disconnect the subject property from the adjacent municipality prior to filing their application with the Zoning Administrator. Properties must be directly adjacent to or located along a common right-of-way as existing City of Waukegan boundaries.

b.

Negotiation of the annexation agreement must occur prior to consideration by the City Council.

c.

Upon the Zoning Administrator's determination that the application is complete, the Zoning Administrator will prepare a report for City Council and schedule the application for consideration by City Council.

2.

Action by City Council

a.

City Council will consider the application for annexation no later than 90 days after receiving the report from the Zoning Administrator. The 90-day period may be extended with the written consent of the applicant.

b.

City Council will evaluate the application based upon the Zoning Administrator's report and the City Council's evaluation of the application.

c.

City Council will take action in the form of approval or denial of the application. Failure by the City Council to take action on an application for annexation within the required time period will be deemed a denial of the application, unless such time period is extended with the consent of the applicant.

3.

Annexed Land Classification.

a.

Any property annexed to the City will be classified CR Conservation/Recreation District upon annexation and is subject to the requirements of the CR District unless and until the subject property is rezoned.

b.

A petition for annexation to the City may include a request from the applicant that the land being annexed shall, upon annexation, be zoned other than in the CR District. This request must be made in the manner set forth in Section 4.07 (Amendments). If the City Council denies the Map Amendment, the petitioner may withdraw their petition for annexation or continue the annexation request with CR District zoning.

4.

Annexation Agreement. Applicants seeking annexation into the City may be required to enter into an annexation agreement with the City to address the zoning and use of the subject property to be annexed, the continuance or amortization of uses or conditions on the subject property, connection to City utilities, and the payment of required fees and donations otherwise required by this Ordinance. Any annexation agreement will be in a form acceptable to Corporation Counsel. No annexation agreement may be approved without the City Council first conducting a public hearing as required by Section 11-15-.1-3 of the Illinois Municipal Code (65 ILCS 5/11-15.1-3) and the approval of the annexation agreement by an affirmative vote of two-thirds of the members of the City Council then holding office.

A.

Purpose. The purpose of this application is to provide a procedure 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.

B.

Applicability. An applicant must comply with these regulations in order to divide, consolidate, or alter the boundaries of a lot within the City or within its extraterritorial jurisdiction. The City will not grant any permits for the improvement or occupancy of any lot until the requirements of this Section have been met, the subdivision application has been approved, the final plat has been recorded with the Recording Division of the Lake County Clerk's Office, and two copies of the recorded subdivision have been deposited with the City.

C.

Subdivision Development Standards. All subdivisions must comply with the development standards set forth in Section 7 (Subdivision Development Standards) and Section 8 (Zoning District Regulations).

D.

Subdivision Classification. Subdivisions are classified as either (1) minor subdivisions, which are approved by the Development Review Board in the manner set forth in Section 3.03.E (Minor Subdivision Procedure), or (2) major subdivisions, which are approved by the City Council in the manner set forth in in Section 3.03.F (Major Subdivision Procedure). Applications for minor subdivisions and major subdivisions must be filed with the Zoning Administrator in accordance with Section 2.06 (Application Procedure).

1.

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

a.

The division of a single lot into three or fewer lots that have frontage on an existing right-of-way that is not a state or county highway, are currently served by existing utilities, do not require the dedication of land for public rights-of-way, parks, or other public purposes, do not require any other public improvements, and do not require any exceptions or variances from this Ordinance; or

b.

The consolidation of, or change in the boundary between, three or fewer adjoining lots under common ownership.

2.

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

a.

The division of a single lot into four or more new lots of record.

b.

Any division or consolidation of property that requires the construction of new rights-of-way, access to a state or county highway, the extension of utilities, the dedication of land for rights-of-way, parks, or other public purposes, requires any other improvements, or requires exceptions or variances from this Ordinance.

c.

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

d.

Any division or consolidation of property that involves conservation and cluster subdivision design in accordance with the standards of Section 7.03 (Conservation and Cluster Subdivision Design).

E.

Required Plat Elements. Preliminary and final plats of subdivision submitted with the subdivision applications must include the elements listed in the subdivision application provided by the Planning and Zoning Department, or the Compendium of Specifications for Development.

F.

Minor Subdivision Procedure. Approval of a minor subdivision requires a pre-application consultation, preliminary plat approval, and final plat approval, or combined preliminary and final plat approval. See Figure 3.03-1 Minor Subdivision Application Procedure.

Figure 3.03-1 Minor Subdivision Application Procedure

1.

Pre-Application Consultation. The required pre-application consultation allows the applicant to receive advice and assistance from the Zoning Administrator and appropriate City staff prior to preparing the required plat of minor subdivision.

a.

The applicant must provide a required sketch plan of the proposed subdivision showing the layout of lots and other features in relation to existing conditions.

b.

During the pre-application consultation, the Zoning Administrator will determine if the proposed subdivision is exempt from any components of the minor subdivision plat submittal.

2.

Action by the Zoning Administrator.

a.

Upon determining that the application is complete, the Zoning Administrator will evaluate the application pursuant to the standards of Section 7 (Subdivision Development Standards) and Section 8 (Zoning District Regulations). The Zoning Administrator may consult with other City staff during the evaluation process.

b.

The Zoning Administrator will prepare a report to the Development Review Board no later than 30 days after receipt of a complete application.

3.

Action by the Development Review Board

a.

The Development Review Board will render a decision on a plat of minor subdivision no later than 45 days after receipt of a report from the Zoning Administrator and take action in the form of approval or denial.

b.

If a preliminary plat is approved, the applicant may prepare a final plat and submit it to the Development Review Board for review and approval.

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 decision in accordance with Section 4.06 (Appeals).

d.

The Development Review Board may consider concurrent approval of the preliminary and final plat if recommended by the Zoning Administrator.

e.

Following final plat approval by the Development Review Board, the Zoning Administrator may sign the approved final plat.

4.

Recording the Plat. The final plat must be recorded no later than 90 days after Development Review Board approval of the final plat. The applicant may request an extension of time in writing if such extension is agreed to by the Zoning Administrator. The plat approval will expire if the final plat is not recorded within such timeframe, including any agreed upon extensions of time.

a.

The applicant will be responsible for acquiring all signatures on the final plat besides those of City officials prior to submitting the final plat with the City for recordation.

b.

The City will record the final plat with the Recording Division of the Lake County Clerk's Office. Two copies of the recorded final plat will be retained by the City.

c.

A building permit will not be issued for the subject property until the final plat has been recorded and copies have been retained by the City.

G.

Major Subdivision Procedure. Approval of a major subdivision requires a pre-application consultation, preliminary plat approval, and final plat approval or combined preliminary and final plat approval. See Figure 3.03-2 Major Subdivision Application Procedure.

Figure 3.03-2 Major Subdivision Application Procedure

1.

Pre-Application Consultation. The required pre-application consultation allows the applicant to receive advice and assistance from the Zoning Administrator and appropriate City staff prior to preparing the required preliminary plat.

a.

The applicant must provide the following to the Zoning Administrator at a pre-application consultation:

(1)

Sketch plan showing land use, street and lot arrangements, and tentative lot sizes, and other features in relation to existing conditions.

(2)

Tentative proposals regarding stormwater detention areas, water supply, sewage disposal, surface drainage and street improvements.

(3)

Identification of flood plains, soil deficiency, topographic and other possible site limitations.

b.

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 required preliminary plat preparation and review allows for the applicant to obtain final approval of the preliminary plat from the Planning and Zoning Commission and the City Council. The application must include a proposal for the installation of improvements and intended dedication or reservation of public lands, except when exempted from this requirement by the Zoning Administrator.

a.

Action by the Zoning Administrator.

(1)

Upon determining that the application is complete, the Zoning Administrator will evaluate the application pursuant to the standards of Section 7 (Subdivision Development Standards) and Section 8 (Zoning District Regulations). The Zoning Administrator may consult with other City staff and local district representatives during the evaluation process.

(2)

The Zoning Administrator will prepare a report no later than 30 days after the receipt of a complete application to the Planning and Zoning Commission based upon the standards of this Ordinance 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 will conduct a public hearing on a proposed preliminary plat at a meeting in accordance with Section 2.08 (Public Hearing) no later than 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 will recommend approval, denial, or approval with conditions of the application.

(3)

The Planning and Zoning Commission will forward its recommendation to City Council no later than 45 days after the close of the public hearing.

c.

Action by City Council.

(1)

City Council will consider the application for preliminary plat approval at a meeting within 30 days after receiving the recommendation of the Planning and Zoning Commission. The 30-day period may be extended with the written consent of the applicant.

(2)

City Council will take action in the form of an ordinance approving, denying, or approving the application with conditions. Once a preliminary plat is approved, the applicant may prepare a final plat and submit it to the Zoning Administrator for review. After the Zoning Administrator determines that the submitted final plat substantially conforms with the approved preliminary plat, the application may proceed to City Council for approval as a final plat.

3.

Final Plat Approval. The required final plat preparation and review allows for the applicant to obtain approval of the final plat from City Council.

a.

Action by the Zoning Administrator.

(1)

The Zoning Administrator will review the application for final plat approval and determine whether the application is complete and that the submitted final plat substantially conforms with the approved preliminary plat.

(2)

Upon acceptance of a complete application, the Zoning Administrator will prepare a report for City Council based upon the standards of this Ordinance and schedule the application for consideration by City Council no later than 30 days after receipt of the final plat.

(3)

A final plat that includes substantial modifications from the approved preliminary plat will be considered a modified preliminary plat and will be referred to the Planning and Zoning Commission for a new public hearing. The Commission will conduct a public hearing on the modified preliminary plat in accordance with Section 2.08 (Public Hearing) no later than 45 days after receipt of the plat from the Zoning Administrator. The modified preliminary plat will be reviewed and approved in the same manner as a preliminary plat in accordance with Section 3.03.F.2 (Preliminary Plat Approval).

b.

Action by City Council on a Final Plat.

(1)

City Council will consider the application at a meeting no later than 45 days after receiving the report of the Zoning Administrator. The 45-day period may be extended with the written consent of the applicant.

(2)

City Council will take action in the form of approving, denying, or approving the application with conditions.

c.

Recording of the Final Plat. The final plat will be recorded no later than 90 days after City Council approval of the final plat. The applicant may request an extension of time in writing if such extension is agreed to by the Zoning Administrator. The plat approval will expire if the final plat is not recorded in such timeframe, including any agreed upon extensions of time.

(1)

The City will record the final plat with the Recording Division of the Lake County Clerk's Office. Two copies of the recorded final plat will be retained by the City.

(2)

A building permit may not be issued for the subject property until the final plat has been submitted to the Recording Division of the Lake County Clerk's Office for recording and construction security has been established.

d.

Expiration of Preliminary and Final Plat Approval.

(1)

Expiration of Preliminary Plat Approval. Preliminary plat approval will expire and be revoked if an application for approval of a final plat has not been filed within one year after approval of the preliminary plat.

(2)

Expiration of Final Plat Approval. Final plat approval will expire and be revoked if construction of required subdivision improvements has not begun within two years of final plat approval.

(3)

Extension of Approval. The applicant may extend the expiration period for an approved preliminary or final plat by means of a written request filed with the Zoning Administrator no less than 30 days prior to the expiration of the period. The Zoning Administrator will decide whether to grant or deny the applicant's request no later than 15 days of receipt of the applicant's written request.

e.

Simultaneous Plat Filing. The applicant may submit concurrent applications for the preliminary plat and final plat, in which case the preliminary plat and the final plat are comprised of the same document in accordance with Section 3.03.G.3 (Final Plat Approval).

H.

Illegal Recording. A subdivision may not be recorded until it has been approved in accordance with these regulations. A subdivision that is recorded without the City's approval is invalid. The City will nullify the illegal recording and have it stricken from county records. The City is authorized to prosecute the parties responsible for the illegal recording in addition to all other remedies available to the City at law or in equity.

(Ord. No. 25-O-03, § 2(Exh. A), 1-6-25)