The purpose of this chapter is to provide for the harmonious and economic development of the village of Western Springs through the orderly subdivision of land, coordination of public and private streets, provisions of facilities for drainage and flood control, and proper construction of streets, sewers, sidewalks and utilities. (Ord. 92-1855, 12-14-1992)

   A.   General Applicability: This chapter shall set forth regulations for the subdivision of land; the dedication and acceptance of land for public use; the preparation of plats; the vacation of plats; rights of way; easements, drainage, and other improvements essential to service subdivided land; and the procedures for the approval of subdivision plats in and about the village of Western Springs, and related matters, in accordance with the provisions of the Illinois municipal code, as amended, and all other laws pertaining thereto. (Ord. 92-1855, 12-14-1992)

   B.   Planned Development: The requirements of this chapter shall apply to all proposed subdivisions in all districts. In planned developments required improvements shall conform to the appropriate provisions of this chapter. However, prior to the issuance of a building permit for the construction of a planned development, drawings shall be prepared in conformance with the approved planned development which comply with the requirements of subsections 10-10-3E and F2 of this chapter. Such drawings shall be submitted to the village manager, who shall distribute them to village staff. Upon written approval by the department of code enforcement and the village engineer a building permit may then be issued. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

The procedures for subdivision approval are hereby established as outlined below:

   A.   Preapplication Conference:

      1.   At the request of the applicant, the village manager or his designee shall conduct a preapplication conference.

      2.   The village manager shall inform the applicant of applicable plans, policies, and standards.

      3.   The applicant presents a general concept of the proposed development.

   B.   Sketch Plan: A sketch plan phase is intended to familiarize the subdivider with the provisions of this ordinance and to eliminate, wherever possible, major revisions of the preliminary plan. The procedures are as follows:

      1.   Sketch Plan Procedures:

         a.   The subdivider shall contact the chairman of the plan commission through the village manager's office to have his proposal placed on the agenda of the plan commission.

         b.   The subdivider shall submit twenty five (25) copies of the sketch plan to the village clerk, along with all required filing fees. These copies shall be submitted at least ten (10) working days before the meeting with the plan commission. The information in the sketch plan shall be in conformance with the requirements of this chapter.

         c.   The village clerk shall forward copies of the sketch plan to each member of the plan commission, to the school boards within whose district the property is located, to the Western Springs park district, the village engineer, the village manager, to the village president, and to such other persons as designated by the chairman of the plan commission. (Ord. 92-1855, 12-14-1992)

         d.   The village engineer and the department of code enforcement shall submit their written reports to the plan commission, analyzing the sketch plan and making recommendations for possible changes in the plan. The public bodies may submit information to the plan commission that will be helpful in analyzing the sketch plan. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

         e.   The subdivider shall meet with the plan commission to consider the general layout and design of the road system, the lots and blocks, the proposed utility lines, the land uses, both public and private, and any other factors pertinent to the subdivision. The subdivider may have to prepare more than one sketch plan to be submitted to the plan commission in order to incorporate any necessary changes and modifications.

         f.   Written comments and suggestions from the plan commission shall be referred to the petitioner within thirty (30) days of sketch plan meetings. These comments should be used by the petitioner to guide the preparation of preliminary plat documents.

      2.   Sketch Plan Information: The sketch plan shall include the following information:

         a.   Boundaries of the property to be subdivided.

         b.   Land characteristics on the site, including streams, floodplain areas, wooded areas, and areas of unstable soils.

         c.   Topographic information at one foot (1') intervals for a distance of one hundred feet (100') beyond the periphery of the proposed subdivision.

         d.   Development characteristics including surrounding land uses, existing structures on the site, and available utility lines.

         e.   The proposed layout of the streets, lots and blocks.

         f.   The proposed location of single-family residential areas, multi-family residential areas, commercial areas, industrial areas, and all areas to be dedicated to the public.

         g.   Existing easements and covenants affecting the site.

         h.   An analysis of the floodwater detention and release requirements as specified in the floodplain regulations of the village.

         i.   A location sketch showing the relationship of the site to the traffic arteries in the area.

         j.   An aerial photograph of the subject property and the surrounding area with the boundaries of the subject property indicated thereon.

         k.   Other information as required by the plan commission. (Ord. 92-1855, 12-14-1992)

   C.   Minor And Major Subdivisions And Administrative Minor Subdivisions:

      1.   Minor Subdivisions: Minor subdivisions, as defined in this ordinance, are subdivisions of four (4) or fewer lots which do not require the construction of public improvements. Minor subdivisions are subject to a one stage approval process, that being the approval of final plats as contained in subsection F of this section. Furthermore, the content of such final plat shall be required to include only those items contained in subsection E2 of this section that are applicable to minor subdivisions. Although not required, it is recommended that applicants for minor subdivisions complete a preapplication conference with village staff as outlined in subsection A of this section.

      2.   Major Subdivisions: Major subdivisions, as defined in this ordinance, are any subdivisions not classified as minor subdivisions. Major subdivisions shall conform to all the procedures and submission requirements established hereunder.

      3.   Administrative Minor Subdivisions (Residential Lots Only): An administrative minor subdivision, as defined in this ordinance, is a subdivision or resubdivision of one or more platted lots that results in the creation of not more than two (2) lots that meet or exceed the minimum lot area and size requirements for the applicable residential zoning district classification and shall otherwise be in full compliance with applicable provisions of this ordinance. Administrative minor subdivisions are subject to:

         a.   Submittal Requirements: A preapplication conference with village staff. Submittal requirements for the preapplication conference shall consist of:

            (1)   A general concept plan for development on the proposed lots, including sketch plan information set forth in subsection B2 of this section. The applicant shall prepare and submit an updated general concept plan for submittal to the village that incorporates any necessary changes and modifications required by the village staff, the village engineer and the village attorney to comply with applicable regulations and this ordinance.

            (2)   A plat of resubdivision, which shall be subject to resubmittal to address necessary changes and modifications required by the village staff, the village engineer and the village attorney to comply with applicable regulations and this ordinance. The content of the plat shall include all applicable information required by subsection F2, "Final Plat Form And Content", of this section.

            (3)   Other information as required by the director of community development (e.g., compliance with section 10-11-1 of this ordinance, Western Springs floodplain and stormwater management).

         b.   Application; Deposit And Reimbursement Of Village For Application And Plat Review Fees And Costs: An applicant (the property owner or person with an ownership interest in the property with the written consent of the property owner) may apply for approval of a plat of an administrative minor subdivision by completing and submitting an executed application and the submittal requirements and paying to the village a required minimum deposit of one thousand five hundred dollars ($1,500.00). An application may be obtained from the community development department or from the village website. The deposit shall be used to pay for the review of the application, necessary document preparation, and submittals by the village's staff, the village engineer, the village attorney and any other village consultant requested by the community development director as well as the filing fees of the Cook County recorder of deeds (CCRD) office for the filing of the plat. If the deposit is insufficient to satisfy the review costs and fees and filing fees, upon written request of the community development director, the applicant is responsible for paying the balance due and payment shall be a condition of final approval of the plat. The community development director shall provide the applicant with an itemized summary of the review costs and filing fees incurred in regard to the application and plat approval.

         c.   Approval Process: A one stage approval process that requires approval by the village board after a recommendation from the director of community development. Village board action on an application for an administrative minor subdivision does not require a public hearing before the plan commission or a recommendation by the plan commission, unless a zoning change or a variation is requested by the applicant. If a zoning change or variation is requested by the applicant, a public hearing shall be conducted by the plan commission in conformance with the provisions of this ordinance. (Ord. 15-2794, 3-23-2015)

   D.   Preliminary Plat: The preliminary plat is a detailed set of drawings and supporting material, which will enable the village to make an informed decision as to the merits of the proposed subdivision. Approval of the proposed subdivision can be given at this stage, in reliance upon which the subdivider can prepare his final engineering drawings and the final plat.

      1.   Filing The Preliminary Plat:

         a.   The subdivider shall file the application for a preliminary plat with the village manager's office along with twenty five (25) copies of all required maps, illustrations, drawings, reports and studies, and along with all required filing fees. The village board shall refer the application to the plan commission for its consideration, study, and recommendation.

         b.   The application shall be executed by all of the owners of record of the subject property. If the property is held in a land trust, all beneficial owners of the land trust shall also execute the application.

         c.   An application for a preliminary plat may be processed by some party other than an owner of the subject property, provided that he reveal any interest in the property or in the proceeds from the development of the proposed subdivision.

         d.   The information required to be filed for a preliminary plat shall be submitted at least ten (10) working days before its consideration by the plan commission, and shall be in conformance with the requirements of this chapter.

         e.   The village manager shall distribute the copies of the preliminary plat to village staff and officials.

      2.   Action By The Plan Commission:

         a.   The plan commission shall study the merits of the preliminary plat for a reasonable period of time. This review may be continued to subsequent meetings of the plan commission. (Ord. 92-1855, 12-14-1992)

         b.   The village manager shall assist the plan commission by forwarding all information filed by the applicant to all departments concerned with subdivision approval and the village engineer for their review, comment, and recommendation. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

         c.   If a zoning change or variation is requested by the subdivider, in conjunction with the preliminary plat, a public hearing shall be conducted by the plan commission in conformance with the provisions of this ordinance. (Ord. 92-1855, 12-14-1992)

         d.   The plan commission shall submit its recommendation in writing to the village board indicating either approval of the application, approval subject to additional conditions and modifications, or denial of the application. The plan commission shall specify the reasons for its recommendations. A copy of such recommendation, which may include the recommendations of the department of code enforcement and village engineer shall be sent to the applicant. (Ord. 92-1855, 12-14-1992; amd. Ord. 98-2064, 12-21-1998)

      3.   Action By The Village Board: The village board, within a reasonable period of time after receipt of the recommendations of the plan commission, shall approve the preliminary plat, approve it subject to conditions and modifications, deny it, or refer the application to the plan commission for further consideration and study.

         a.   Approval of the preliminary plat constitutes approval of the layout of the streets, lots, blocks, and land uses and authorizes the subdivider to prepare the detailed engineering drawings and the final plat. Approval of the preliminary plat shall be effective for a maximum period of one year, after which it shall be declared void.

         b.   If the Village Board approves the preliminary plat subject to conditions and modifications, such approval shall be valid only when the subdivider files with the Village Board written consent to such conditions and modifications.

         c.   If the preliminary plat is approved or denied, the Village Board shall state in writing its reasons for the approval or denial and copies of these reasons shall be sent to the subdivider and the chairman of the Plan Commission.

      4.   Required Information In The Preliminary Plat: The preliminary plat shall include maps, drawings, and supporting material, which may have to be revised several times before it is approved. The original draft of the preliminary plat may be prepared by an engineer, surveyor, or land planner, but the final draft of the preliminary plat shall be a boundary line closure with the exact dimensions of all lot lines and angles shown, prepared by a surveyor current to within six (6) months of the date of application. All maps shall be drawn on a tracing medium in a manner that clear and legible prints can be made therefrom, and shall be at a scale of one inch equals one hundred feet (1" = 100'), or some other scale specifically approved by the Village Engineer. Included shall be the following:

         a.   A boundary line survey of the property to be subdivided prepared by a surveyor. Shown on this survey shall be the boundary lines of the property, easements, existing buildings, drainage courses, and culverts, along with the legal description of the property and any covenants attached to the property.

         b.   A topographic map of the property with contours at vertical intervals of not more than one foot (1') except in unusual topographic conditions in which case such vertical intervals may be altered as determined by the Village Engineer. The topographic information shall be given for the proposed subdivision and for a distance of one hundred feet (100') from the periphery thereof. A project benchmark related to the USGS datum shall be noted thereon.

         c.   A site analysis of the property including:

            (1)   Existing land uses both on the site and immediately adjacent to it.

            (2)   On and off-site views.

            (3)   Wooded areas, with all mature trees of six inch (6") caliper or greater spotted individually.

            (4)   Potential soil problem areas.

            (5)   Flood plain and wetland areas.

            (6)   Streams, drainage ditches, and standing water.

            (7)   General directions of storm water runoff across the property.

            (8)   Existing County or Municipal zoning on all parts of the subject site.

            (9)   Corporate boundaries across or adjacent to the subject site, including the boundaries of municipalities, school districts, park districts, and fire protection districts.

            (10)   Soil borings sufficient in number and detail to determine existing soil types, with a report of soil suitability for the proposed site development.

         d.   Public utilities information including the location, invert elevations, and size of any existing sanitary sewers and/or water lines on the site and any easements and rights of way immediately adjacent to the site.

         e.   Transportation information, including the location of all extensions of state, county, or municipal roads across or immediately adjacent to the subject property.

         f.   A proposed site development plan which shall show the following:

            (1)   The location, width, and designation by type of all streets.

            (2)   The proposed land use areas, including total acreage and total number of dwelling units, if any, including all public lands.

            (3)   All lots and blocks, along with the dimensions of the lot lines and the square footage totals for each lot.

            (4)   The location, invert elevation, and size of any proposed sanitary sewers, storm sewers, storm water detention areas, and water lines.

            (5)   Typical cross-sections of all the streets proposed to be constructed or reconstructed as a part of this development.

            (6)   All setback lines.

            (7)   All easements, labeled as to function.

         g.   Written documents, which shall include the following:

            (1)   A draft of the protective covenants, and Homeowners Association Agreement and Declaration, if any.

            (2)   An indication of the expected scheduling or phasing of the subdivision.

            (3)   A traffic analysis study.

            (4)   A tax impact study, if required by the Plan Commission or Village Manager.

            (5)   All required Storm Water Management documents to comply with the provisions of Chapter 11 of this Ordinance, "Flood Plain and Storm Water Management".

            (6)   A description of the method of extending off-site utility lines and streets, as required.

            (7)   A description of the method of complying with the Western Springs school-park donation requirements, section 10-10-14 of this chapter.

            (8)   A description of the method of access of construction equipment to the site, including the use of any construction easements across adjacent property.

            (9)   A general description of the erosion control and soil conservation measures to be undertaken.

            (10)   Any additional information, requested by the plan commission or the village board for the proper consideration of the proposed subdivision.

   E.   Final Engineering Drawings: After the approval of the preliminary plat, the subdivider shall submit to the village all required final engineering plans, drawings, calculations, and details for all required improvements, along with all required fees. The village manager shall forward said material to the village engineer for review and approval.

      1.   Preparation Of Plans:

         a.   All plans and specifications shall show all required land improvements listed in this chapter, and shall be prepared in conformance with, all applicable ordinances of the village, other agency regulations and with the engineering specifications listed in section 10-10-16 of this chapter.

            (1)   All plans and specifications shall bear the seal of a registered Illinois professional engineer, along with his signed statement that such plans and specifications have been prepared in compliance with the village ordinances and with good engineering practice.

            (2)   Said plans shall be drawn to a minimum scale of one inch equals fifty feet (1" = 50') horizontal and one inch equals five feet (1" = 5') vertical. The plans shall show profiles of all utility and street improvements, with elevations referred to United States geological survey datum.

         b.   In addition to all other required plans and drawings, a specific storm water management plan shall be submitted containing all required storm water management documents required to comply with the provision of chapter 11 of this ordinance.

         c.   In addition to all other required plans and drawings, a specific soil erosion control plan shall be submitted, detailing the exact procedures to be undertaken to control erosion during construction and grading in the subdivision, in accordance with the provisions of section 10-10-18 of this chapter.

         d.   A plan indicating changes in topographic and drainage characteristics between the existing site and the proposed development shall be prepared at the same scale as the final plat.

      2.   Review By The Village Engineer: The village engineer shall review all engineering drawings in order to determine whether such drawings are consistent with the approved preliminary plat and whether they comply with the requirements contained herein and in the other ordinances of the village. He shall report his review to the plan commission and the village board. In the event that the plans, details, or specifications do not so conform or comply, the village engineer shall notify the subdivider, plan commission, and village board of the specific manner in which they do not so conform or comply.

      3.   No Action By The Plan Commission Without Compliance: The plan commission shall not act upon the final plat until the engineering drawings have been reviewed by the village engineer and a report of compliance or noncompliance has been received by the plan commission. (Ord. 92-1855, 12-14-1992)

   F.   Final Plat: No person shall subdivide or develop any parcel of land until a final plat shall have been reviewed by the plan commission for its compliance with the approved preliminary plat, and has been reviewed and approved by the village board, as set forth below, except for plats of consolidation which shall be approved administratively in accordance with section 10-10-21 of this chapter. (Ord. 03-2267, 10-27-2003)

      1.   Procedure:

         a.   Filing Of The Final Plat:

            (1)   After the village engineer has reviewed and approved the final engineering plans, the subdivider shall submit to the village board twenty five (25) copies of the final plat, along with any required filing fee. The village board shall refer the final plat to the plan commission for its review and recommendation.

            (2)   The final plat shall conform substantially to the preliminary plat as approved.

            (3)   If desired by the subdivider and as allowed by the village board, the final plat may be submitted in stages, with the separate final plats covering portions of the approved preliminary plat, provided that each final plat conforms to all of the regulations of this ordinance.

         b.   Actions By The Plan Commission: Within sixty (60) days after its meeting to review the final plat, the plan commission shall determine if the final plat is in substantial conformance with the approved preliminary plat. If the commission determines that it is in substantial conformance, the chairman shall affix his signature to the final plat. If the commission determines that the final plat is not in substantial conformance with the approved preliminary plat, the commission shall set forth its findings in its own records and shall forward a copy to the subdivider and to the village board.

         c.   Action By The Village Board: Within sixty (60) days after receiving the plan commission's report on the final plat, the village board shall approve or deny the final plat. If the village board approves the final plat, it shall authorize the village president to affix his signature to the plat. If the village board disapproves the final plat, it shall set forth its reasons in its records and shall forward a copy to the subdivider and to the plan commission.

         d.   Recording Of The Plat: Upon approval by the village board, the subdivider shall collect the other necessary signatures, and the village clerk shall record the plat with the county recorder of deeds at the subdivider's expense. The subdivider shall provide copies and reproductions of plans and drawings as requested by the village for recording and maintenance of public records.

      2.   Final Plat Form And Content:

         a.   Final Plat Form: The final plat shall be drawn in waterproof black (india) ink on tracing cloth, or their equivalents. Permitted page sizes shall be thirty six inches by thirty inches (36" x 30") or thirty inches by thirty inches (30" x 30"), and no other sizes shall be accepted. The scale shall be one inch equals one hundred feet (1" = 100') or larger. Variation in scale may be allowed when determined by the village engineer to be necessary for a proper exhibit of the subdivision. When more than one sheet is used for any plat, they shall be numbered consecutively, and each sheet shall contain a notation showing the whole number of sheets in the set of maps, and its relation to the other sheets (e.g., sheet 1 of 3 sheets). Linear dimensions shall be given in feet and decimals thereof.

         b.   Final Plat Content: The final plat shall show on the face thereof:

            (1)   The name of the subdivision.

            (2)   The location and position of the subdivision indicated in each of the following ways:

               (A)   By quarter-quarter section, section, township, range, meridian, county, and state.

               (B)   By distances and bearings from true north or angles with reference to a corner or corners established in the United States public land survey.

               (C)   By a written legal description of the exterior boundaries of the land as surveyed and subdivided.

            (3)   The top of the plat to be oriented north, and the plat to contain a north arrow.

            (4)   A graphic scale.

            (5)   The date of preparation.

            (6)   The description and location of all survey monuments.

            (7)   Survey data sufficient to reproduce any line or reestablish any monument in the subdivision.

            (8)   A graphic presentation of all streets, alleys, blocks, parcels, and public grounds into which the land is subdivided and of all easements and rights of way.

            (9)   The length of boundary lines of all streets, alleys, blocks, lots, parcels, public grounds, easements and rights of way or enough information so that the length of these lines can be derived by simple calculation. Where a boundary line is an arc of a circle, the radius and length of the arc shall be shown.

            (10)   The width of all streets, easements, and rights of way.

            (11)   A graphic presentation of the minimum building setback lines of all lots and parcels, and a notation of the distance between such lines and the street right of way lines.

            (12)   The area of each lot or parcel.

            (13)   Consecutive letters on all blocks and consecutive numbers on all lots throughout the plat.

            (14)   The name of each street, as approved by the village board, printed on the graphic representation of each street, and an appropriate label designating all other easements, rights of way, setback lines, dedications, and reservations (e.g., "Dedicated for Park Purposes" or "Reserved for Public School Site").

            (15)   The abutting street lines of all adjoining subdivisions, shown in their correct location by broken lines.

            (16)   The water elevation of adjoining lakes or streams at the date of survey and a graphic representation, as well as a notation of, the high water marks of such lakes or streams; if any portion of the land within a subdivision shown on any final plat is subject to flood hazard by stormwaters, such fact and portion of land so affected shall be clearly shown on the final plat by a prominent note on each sheet of the final plat whereon any such portion shall be shown. The plat shall show the limits of the special flood hazard area and the floodway along with the base flood elevation (BFE) and the flood protection elevation (FPE).

            (17)   Covenants and restrictions. (Ord. 92-1855, 12-14-1992)

            (18)   Utility easement grants, sidewalk easement grants, stormwater drainage utility easements.

            (19)   All acknowledgments, certifications and statements required by state law, including the Illinois plat act 1 .

         c.   Other Information: The following information security and assurances shall be submitted along with the final plat:

            (1)   Performance Bond: Performance bond or other securities in conformance with the requirements of section 10-10-19 of this chapter.

            (2)   Cash Or Land Dedication: Cash or irrevocable offers to dedicated land in conformance with the provisions of section 10-10-14 of this chapter.

            (3)   Certificates: The approval of the final plat shall not be deemed completed until the required certificates, other than the village clerk certificate, have been duly executed. Certificates to be affixed to the final plat shall include those of:

               (A)   The owner as to the ownership of the property.

               (B)   A notarized statement indicating, to the best of the owner's knowledge, the elementary, high school or unit school district(s) in which each tract, parcel, lot or block lies.

               (C)   The surveyor as to compliance with municipal and state regulations.

               (D)   The village treasurer as to unpaid special assessments.

               (E)   The plan commission chairman as to the approval of the plan commission.

               (F)   The village engineer as to approval of the required engineering drawings.

               (G)   The county clerk as to unpaid taxes.

               (H)   The village president and village clerk as to the approval by the village board and acceptance of any easements rights.

               (I)   The owner's engineer and the owner as to drainage from the subdivision.

               (J)   State of Illinois chief highway engineer when the subdivision includes or is adjacent to a state highway or local highway authority when property involves access to all other roadways.

               (K)   Local department of health if property is not connected to public sewer system.

               (L)   Mortgagee's consent to all easements, dedications and other rights granted or reserved to the village and other third parties. (Ord. 15-2794, 3-23-2015)

The subdivision of land including the arrangement, character, extent, width, grade, and location of all streets, alleys, crosswalks, easements, sites for parks, playgrounds, and schools or other land to be dedicated for public use shall conform to the comprehensive plan and official map of the village of Western Springs. Approval of the design of a proposed subdivision shall be considered on the basis of its relation to existing and platted streets, reasonable circulation of traffic within the subdivision and adjacent land, topographic conditions, runoff of stormwater, public convenience and safety, and appropriate relation to the proposed land uses of the areas to be served.

   A.   Size And Shape Of Land To Be Subdivided:

      1.   The size and shape of the land to be subdivided shall be sufficient and proper for land planning purposes and suitable in area and dimensions for the uses intended.

      2.   The plans for the subdivision of the property shall incorporate into, and be compatible with, the existing and potential uses on outlots bracketed by the area to be subdivided.

   B.   Desirable Environment: The layout of the streets, lots, blocks, buildings, parking lots and public lands shall create a desirable environment for the people who shall use the proposed uses, without exercising a detrimental influence or effect upon surrounding land uses.

   C.   Design Compatible With Natural Features:

      1.   The design of every subdivision shall be compatible with the existing topography, drainage patterns, and other natural features on the site.

      2.   Every subdivision shall conserve isolated mature trees, wooded areas, watercourses, scenic views, ponds, floodplain areas, historical landmarks, and other features of the property, which, if preserved, would add to the attractiveness and value of the subdivision, neighborhood, or the village as a whole.

      3.   The design of the subdivision should, wherever possible, lower all maintenance costs through a self-maintainable ecological system to conserve materials, construction labor, construction equipment, land and environmental values; to balance construction costs, amortization costs, operating costs, maintenance costs and replacement costs, thereby minimizing total average annual costs; to encourage the construction and installation of energy efficient systems.

      4.   The design of every subdivision shall make adequate provision for the use and maintenance of open space.

      5.   The design of every subdivision shall provide adequate acoustical and visual privacy for incompatible adjacent uses.

   D.   Subdivision Name: The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any other subdivision in the area covered by these regulations. The plan commission shall designate the name of the subdivision with the approval of the preliminary plat.

   E.   Lots:

      1.   Political Boundaries: Lots shall be laid out so that they do not cross any political boundary, especially any school district boundary or the boundaries of the village of Western Springs.

      2.   Arrangement: The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with this ordinance and the building code and in providing driveway access to buildings on such lots from an approved and dedicated street.

      3.   Lot Dimensions:

         a.   Lot dimensions shall comply with the minimum standards of this ordinance.

         b.   Where lots are more than double the minimum required area for the zoning district, the plan commission may require that such lots be arranged so as to allow further subdivision and the opening of future streets where they would be necessary to serve such potential lots, all in compliance with these regulations.

         c.   In general, side lot lines shall be at right angles (or radial to curving street lines) unless a variation from this rule shall provide a better street or lot plan.

         d.   Building setback lines shall conform to the front yard requirements of this ordinance with corner lots observing the minimum front yard requirements from both streets.

         e.   The depth and width of properties reserved or laid out for business, commercial or industrial purposes shall be adequate to provide for the off street parking and loading facilities required for the type of use and development contemplated, as established elsewhere in this ordinance.

         f.   Residential lots with the rear lot line abutting an expressway, regional arterial street, railroad right of way, or other inharmonious use shall have a depth of twenty feet (20') in excess of that typically required by the regulations for that district. A landscape easement shall be required on such lots across said twenty foot (20') strip of land and shall be designated on the final plat as follows: "This strip is reserved for landscape screening. The placement of structures hereon or vehicular access hereacross is prohibited". (Ord. 92-1855, 12-14-1992)

         g.   Lots abutting a watercourse, drainageway, channel, or stream shall have a minimum width or depth required to provide an adequate building site and the minimum usable area of front, side, and rear yards, as required in this Ordinance. All usable space in a new building or that which has been added to an existing building or in an existing building undergoing substantial improvement located in areas outside the boundary of the SFHA or regulatory flood plain, but within one hundred feet (100') of the SFHA boundary or within the boundary of the 500-year flood plain, shall be elevated or floodproofed to at least the flood protection elevation. Furthermore, buildings, with basements to be constructed outside of the SFHA, but within one hundred feet (100') of its boundary will require special analysis as related to hydrostatic and hydrodynamic loads on the foundation and basement floor. Based upon the hydrostatic and/or hydrodynamic analysis, floodproofing and special construction of the basement floor and walls may be required. Floodproofing devices shall be operational without human intervention. If electricity is required for protection against flood damage, then a backup power source that will activate without human intervention shall be provided. The floodproofing shall be certified by a professional engineer. (Ord. 97-2021, 12-15-1997)

         h.   For lots abutting a watercourse, drainageway, channel, or stream, lot lines should be placed in the center line thereof.

      4.   Access:

         a.   All lots shall abut a publicly dedicated street.

         b.   Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from regional or community arterial streets or highways or to overcome specific disadvantages of topography and orientation.

      5.   Drainage: Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated with the general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentrations of storm drainage waters onto adjacent lots. All drainage courses shall be protected by covenants and deed restrictions preventing alteration, building upon, or obstructing of the drainageways.

      6.   Driveway Location:

         a.   Driveways shall be located so that there is adequate clear sight distance onto the abutting road, avoiding locations along the inside curve or below the crown of a hilltop on community arterial and regional arterial streets.

         b.   The center line of any driveway shall be off-set a minimum of one hundred fifty feet (150') from the right-of-way line of a regional arterial street and fifty feet (50') from all other rights of way.

   F.   Blocks:

      1.   Design:

         a.   The length, width, and shape of blocks shall be determined with due regard for the following:

            (1)   Provisions for adequate building sites suitable to the special needs of the types of uses contemplated.

            (2)   The size requirements of lot size within the applicable zoning district.

            (3)   Needs for convenient access, circulation, control, and safety of the street traffic.

         b.   Blocks shall have sufficient width to provide for two (2) tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to regional arterial streets, railroads, watercourses, or other property lines of the subdivision.

         c.   No block shall exceed one thousand six hundred feet (1,600') in length except where required by unusual topographic conditions, nor shall they be less than four hundred feet (400') in width.

      2.   Easements In Blocks: Easements no less than ten feet (10') wide through blocks shall be required to accommodate utilities, drainage facilities, or pedestrian traffic. (Ord. 92-1855, 12-14-1992)

   A.   Conformance With Existing Ordinances: All buildings should be located on lots in conformance with this Ordinance, the Building Code, and other rules and regulations of the Village.

   B.   Design Criteria: The following design criteria should be incorporated into the preliminary plat and all other site plans for residential buildings:

      1.   To the extent possible, residential buildings should have access from local and neighborhood collector streets, as defined in Section 10-10-7 of this Chapter, and placement of residential buildings on or adjacent to regional arterial and collector streets should be avoided.

      2.   All dwelling units should be within reasonable proximity to usable open space areas.

      3.   Each dwelling unit should have direct access to a pedestrian walkway.

      4.   Residential buildings should be positioned to take best advantage of the summer winds and winter sun and to minimize summer solar heat and the prevailing winter winds.

      5.   Placement of the garages should not be visually disruptive, yet be within close proximity to each dwelling unit for which they are intended.

      6.   Reasonable visual and acoustical privacy should be provided for the residents in each dwelling unit, especially entrances, patios and balconies, with no unrestricted views into any principal room by the occupancy of another building.

      7.   The location of the proposed buildings and structures should not adversely affect adjacent land uses.

      8.   Paved access should be available for fire, ambulance and police vehicles to within one hundred feet (100') of the principal entrances of buildings. Closer access, for infrequent use, may be across unpaved areas.

      9.   Postal boxes, street identification signs and other street fixtures should be compatible in design with the architectural character of the nearby buildings.

      10.   Garbage containers and utility pads should be screened from view.

      11.   Parking shall be provided in accordance with the provisions of chapter 4 of this ordinance. (Ord. 92-1855, 12-14-1992)

Subdivisions shall provide a concrete pedestrian circulation system to connect individual dwelling units with parking and service areas, to connect neighboring dwelling units, and to connect groups of dwelling units with schools, parks, commercial facilities, and other community facilities. In general, concrete public sidewalks will be provided in street rights of way, and other walkways and bikeways may be located elsewhere. As an alternative to concrete sidewalks, sidewalks installed in the public right of way may be constructed of brick pavers or similar materials when authorized by the village board as part of a planned development. The plan commission shall recommend and the village board shall approve the type of pedestrian circulation system and the construction materials (concrete or brick pavers or similar materials) appropriate for the subdivision. The system shall be constructed in accordance with the provisions of section 10-10-16 of this chapter. (Ord. 04-2304, 6-28-2004)

   A.   General Standards:

      1.   The subdivision shall have adequate off site access providing sufficient capacity to handle all traffic which can be reasonably expected to be generated for the land uses to be located in the subdivision.

      2.   All streets in the subdivision shall be properly integrated with the existing and proposed street system as established on the official map and comprehensive plan of the village.

      3.   Major elements of the street system should be used to help define and buffer different land use areas, enhancing their identity and cohesiveness.

      4.   To the extent feasible, the lineal length of streets, the number of street intersections, and the paved area within intersections should be minimized.

      5.   The design of the street system of the subdivision shall be in accordance with table 10-1, minimum standards for street design and construction shall be in accordance with the engineering specifications of section 10-10-16 of this chapter.

      6.   Adequate drainage structures shall be provided. The design, installation, and construction of drainage structures shall comply with specifications of section 10-10-16 of this chapter and with chapter 11, "Floodplain And Storm Water Management", of this ordinance.

   TABLE 10-1

   MINIMUM STANDARDS FOR STREET DESIGN

 

Note:

*   Face of curb to face of curb.

**   Can also be 80 feet with two 10 foot easements on both sides of the right of way for utility lines, drainage, and landscaping purposes.

***   Can be 60 feet of right of way and 27 feet of pavement width, when there will never be any lots fronting on the street.

#   The first dimension of the right of way and pavement width standards refers to the neck of the cul-de-sac; the second to the terminals or "bulb" of the cul-de-sac.

##   Along horizontal and vertical curves.

+   Can be reduced to 60 feet with pedestrian walkway system separated from the street right of way laid out throughout the subdivision or planned development.

++   Vertical curves shall not be used in sags and crests where the algebraic difference in gradients recommended by the Village Engineer and approved by the Village Board. Under unusual topographic or site conditions, a longer radius may be required.

<   On-street parking not allowed.

      7.   All pavements shall be designed in accordance with the following references as they apply:

         a.   "Standard Specifications for Road and Bridge Construction", IDOT, latest edition.

         b.   "Manual of Structural Design of Portland Cement Concrete Pavement", IDOT, latest edition.

         c.   "Manual for Instructions for the Structural Design of Flexible Pavements on Projects Involving MFT, FAS and FAUS Funds", IDOT, latest edition.

         d.   "Design Manual", IDOT, latest edition.

         e.   "Bureau of Local Roads - Administrative Policies", IDOT, latest edition.

      8.   Concrete curbs and gutters (type B.6-12) shall be required in all subdivisions.

   B.   Types And Specifications:

      1.   Types: The functional definitions of the street classification system for the Village of Western Springs are:

         a.   Regional Arterial Street: A regional arterial is intended to serve all types of trips, with a significant proportion representing vehicle trips destined beyond the boundaries of the community or neighboring communities. The section of the regional arterial within the community should serve a significant portion of trips generated by land uses within the community, but access should be carefully controlled. This type of street has regional importance because of its alignment, continuity, capacity, and its connections with other regional traffic carriers. Regional arterial streets in urbanized areas can be expected to carry in excess of sixteen thousand (16,000) vehicles per day and require more than one lane in each direction.

         b.   Community Arterial Street: A community arterial is intended to serve all types of vehicle trips with more emphasis on trips within and between the community and adjacent communities than trips made beyond the community boundaries. This type of street should not serve trips longer than five miles, but is important to the community in terms of traffic capacity and service to abutting land uses. The range of traffic volumes that can be expected on community arterial streets will vary significantly, depending upon the density of development, spacing of regional arterial routes, and the continuity of the street. These volumes will likely vary between six thousand (6,000) and fifteen thousand (15,000) vehicles and will require four (4) lanes in some cases.

         c.   Neighborhood Arterial Street: A neighborhood community arterial street is intended to serve only vehicle trips generated to and from the subareas (neighborhoods) within the community that it serves. The function of this type of street is to collect and distribute traffic between the neighborhoods and community and regional arterial streets. Neighborhood community arterial streets should not serve through traffic and should not have continuity beyond one and one-half (11/2) miles. These streets typically carry between two thousand (2,000) and five thousand (5,000) vehicles per day and require only one lane in each direction.

         d.   Local Street: A local street is intended to serve only those vehicle trips generated by land uses abutting the street. The function of this type of street is to provide access to and from individual properties within a neighborhood. Local streets should be designed to discourage through traffic.

         e.   Cul-De-Sacs: This is a short street ending in a turnaround designed and intended as a permanent terminus. Such streets should be used to discourage through traffic and to increase privacy. Cul-de-sacs should intersect with neighborhood collector streets, not with local streets and other cul-de- sacs, and not with arterial streets. Cul-de-sacs in residential areas should be no longer than five hundred feet (500'). Wherever possible, islands in the center of the bulb of the cul-de-sac should be designed, constructed, and landscaped.

      2.   Design Criteria: In order to provide for roads of suitable location, width, and improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation and road maintenance equipment, and to coordinate roads so as to compose a convenient system and to avoid undue hardships to adjoining properties, the following design standards for streets are hereby required. All pavements shall be designed in accordance with the following references as they apply:

         a.   "Standard Specifications for Road and Bridge Construction", IDOT, latest edition.

         b.   "Manual of Structural Design of Portland Cement Concrete Pavement", IDOT, latest edition.

         c.   "Manual for Instructions for the Structural Design of Flexible Pavements on Projects Involving MFT, FAS and FAUS Funds", IDOT, latest edition.

         d.   "Design Manual", IDOT, latest edition.

         e.   "Bureau of Local Roads - Administrative Policies", IDOT, latest edition.

   C.   Design Layout:

      1.   General Concepts:

         a.   All streets shall be laid out in conformance with the Official Map and the Comprehensive Plan for the Village. Where such is not shown on the Official Map and Comprehensive Plan, the arrangement of streets within a subdivision shall either:

            (1)   Provide for the continuation or projection of existing regional arterial or community arterial streets in adjacent areas; or

            (2)   Conform to a plan for the area or neighborhood recommended by the Plan Commission and approved by the Village Board to meet a particular situation where topographical or other conditions make continuance or conformance to existing streets impracticable.

         b.   All streets shall be located in relation to existing topographic conditions, to public convenience and safety, and to efficient drainage and utility systems.

         c.   All streets shall be properly related to special traffic generators such as industrial business districts, school, churches and shopping centers; to population densities, and to the pattern of existing and proposed land uses.

      2.   Residential Streets:

         a.   A residential area should be conveniently accessible from arterial streets.

         b.   Residential streets shall provide safe and convenient access to housing.

         c.   Local streets shall be so laid out as to discourage high speed or through traffic, but the design shall be logical and comprehensible to a motorist or a pedestrian attempting to travel to and through the subdivision.

         d.   Curvilinear streets, cul-de-sacs, or U-shaped streets shall be used where such will result in a more desirable layout, or will avoid conformity of lot appearance.

         e.   Layouts of residential areas should be planned to avoid future need to widen any local street or neighborhood collector street.

         f.   Local streets and cul-de-sacs should intersect only with neighborhood collector and community arterial streets, unless the physical features of the site do not allow for such a design.

      3.   Nonresidential Streets:

         a.   Streets carrying nonresidential traffic, especially truck traffic, shall not normally be extended through adjacent existing or potential residential areas.

         b.   The streets and other accessways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provision of alleys, truck loading and maneuvering areas, and walks and parking areas, so as to minimize conflict of movement between the various types of traffic, including pedestrian.

         c.   Streets extending parallel or approximately parallel to a railroad right of way should:

            (1)   Be at a sufficient distance therefrom to ensure suitable depth for commercial or industrial sites, and

            (2)   Be at a distance at least one hundred fifty feet (150') from the railroad right of way when intersecting a street which crosses the railroad at grade, or be at such other distance as shall be necessary, when intersecting a street which will be grade separated when crossing the railroad.

      4.   Half Streets: Half streets shall not be permitted except to complete an existing half street which is dedicated and accepted, or to conform to the Official Map and Comprehensive Plan of the Village of Western Springs.

      5.   Other Design Criteria:

         a.   Street jogs with center line off-sets of less than three hundred feet (300') shall be avoided.

         b.   Tangents shall be used between reverse curves on all regional arterial streets and community arterial streets.

         c.   Vertical alignment of streets should assure that inclines generally can be negotiated during adverse weather conditions and sight distances are adequate for safety.

         d.   Extensions of roads shall be provided into all adjacent property as needed. When no such extensions are provided, the extensions of appropriate easements to the boundary of the subdivision for pedestrian traffic, drainage facilities and utility lines shall be required.

         e.   The terminus of a cul-de-sac should not be lower than the neck of the cul-de-sac.

         f.   Where a subdivision borders an existing narrow road or when the Official Map or Comprehensive Plan indicates that a road should be realigned or widened which would require use of some of the land in the subdivision, such land shall be reserved and dedicated.

   D.   Intersections:

      1.   Streets shall be laid out so as to intersect as nearly as possible at right angles, but in no case shall any intersection be less than seventy five degrees (75o). An oblique street should be curved approaching an intersection and should be approximately at right angles for at least one hundred feet (100') therefrom.

      2.   Intersections on the inside of a curve, on a hilltop, or a point slightly below a hilltop shall be avoided.

      3.   An intersection of more than two (2) streets shall not be permitted.

      4.   Residential local streets and cul-de-sacs should intersect only with neighborhood collector and community arterial streets, not with other residential local streets and cul-de- sacs, and not with regional arterial streets.

      5.   Center lines of streets at intersections should align or be off-set therefrom by a minimum of three hundred feet (300').

      6.   In nonresidential areas and along regional arterial streets, proposed new intersections shall, wherever practicable, coincide with any intersections on the opposite side of such street.

      7.   Where any street intersection will involve earth banks or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the subdivider shall cut such ground and/or vegetation (including trees) in connection with the grading of the public right of way to the extent deemed necessary to provide an adequate sight distance.

      8.   The pavement cross slopes on street and intersection rights of way shall be three percent (3.0%) or less.

      9.   Intersections along regional arterial streets shall be at least three hundred feet (300') apart.

   E.   Other Requirements:

      1.   Reserve Strips: Reserve ("spite" or "devil") strips controlling access to streets shall not be permitted. Streets roughly parallel to the boundary line of the subdivision shall be located either on that boundary line or not less than one lot depth from said boundary line. All streets intended to provide the subdivision and adjacent parcels of property with means of ingress and egress shall extend to the boundary line of the subdivision.

      2.   Road Names: The plan commission shall review and the village board shall approve all street names, consulting with the postmaster and the chief of the fire department. Names shall be sufficiently different in sound and in spelling from other road names in the village so as not to cause confusion. A street which is or is planned as a continuation of an existing street shall bear the same name. (Ord. 92-1855, 12-14-1992)

   A.   Utility Easements, Sidewalk Easements And Drainage Easements: Easements for utility services, sidewalks and stormwater drainage facilities shall be provided by the property owner for the benefit of the village, the county, the state, and all utility companies and other appropriate governmental entities, totaling not less than ten feet (10') in width or greater or as required by the utility companies, the village, the county, the state or other appropriate governmental entities, adjacent to the rear of each lot and adjacent to side lot lines where necessary, to provide for proper continuity of utility lines, sidewalks and stormwater drainage facilities from lot to lot and from block to block. In appropriate cases, the above easement areas may be set at not less than five feet (5') wide, as determined by the village engineer, in his/her sole discretion.

   B.   Drainage Easements: Property that is subject to the watershed management ordinance regulations of the metropolitan water reclamation district of Greater Chicago and established lakes, streams, drainageways and channels shall be protected by drainage easements in accordance with the provisions of chapter 11, "Floodplain And Stormwater Management", of this ordinance. (Ord. 15-2794, 3-23-2015)

   A.   Treatment Capacity And Sanitary Sewers:

      1.   Any proposed subdivision within the incorporated areas of the village shall be serviced with a sanitary effluent treatment plant of sufficient capacity to handle the effluent discharges of the proposed subdivision, before such subdivision is approved.

      2.   Sanitary sewer lines of a type and size specified in section 10-10-16 of this chapter shall be installed in all subdivisions in the incorporated areas of the village and in all subdivisions in the unincorporated areas around the village which are within two hundred fifty feet (250') of a community sewer line.

      3.   Sanitary sewers shall be located in public rights of way or in easements.

   B.   Storm Sewers And Detention Facilities: A specific stormwater management plan including an adequate stormwater drainage and detention system, shall be submitted containing all required stormwater management documents required to comply with the provision of chapter 11, "Floodplain And Stormwater Management", of this ordinance.

   C.   Water Supply:

      1.   Any proposed subdivision within the incorporated areas of the village shall be serviced with a water supply system built to the standards of section 10-10-16 of this chapter.

      2.   Water lines of a type and size specified in section 10-10-16 of this chapter shall be installed in all subdivisions in the incorporated areas of the village and in all subdivisions in the unincorporated areas around the village which are within two hundred fifty feet (250') of a water main.

      3.   Every subdivision water distribution system shall have adequate pipe sizes, water pressure, supply and sufficient fire hydrants to provide fire protection. Should existing public facilities be inadequate, the subdivider shall provide at his expense all facilities including wells, booster pumps, water storage, feeder lines and the like to meet required fire flows. (Ord. 92-1855, 12-14-1992)

A street lighting system shall be installed in all subdivisions. The design of such system shall be based on the latest edition of the "American National Practice For Roadway Lighting", and shall be subject to village review and approval. (Ord. 92-1855, 12-14-1992)

   A.   The subdivider shall erect an approved street sign at each street intersection, which will indicate the names of the streets as shown on the final plat, together with the proper numbering according to the established house numbering system of the village.

   B.   The street signs shall be constructed according to the standards in section 10-10-16 of this chapter. (Ord. 92-1855, 12-14-1992)

   A.   All utility distribution lines for telephone, electric, and gas service in the subdivision shall be placed underground, across back yards when possible, entirely throughout a subdivided area. Installation of such facilities shall be made in compliance with the applicable orders, rules, and regulations of the Illinois commerce commission now or hereafter effective and the subdivider shall be responsible for compliance with the applicable orders, rules, and regulations of the Illinois commerce commission now or hereafter effective and filed with said commission pursuant to the Illinois public utilities act, for any public utility whose service will be required for the subdivision with respect to the provisions of such facilities.

   B.   Underground telephone, electric and gas service shall be placed within easements or dedicated public ways in a manner that will not conflict with other underground services. Further, all transformer boxes shall be located so as not to be unsightly or hazardous to the public. The utility lines shall be parallel to and not less than twelve inches (12") from the property line. Corner markers as required in section 10-10-13 of this chapter shall not be disturbed by the installation of utility lines. (Ord. 92-1855, 12-14-1992)

   A.   Preservation Of Existing Monuments: All United States, State, County, or other official benchmarks, monuments, or triangulation stations in or adjacent to the subdivision shall be preserved. When a proposed improvement in a subdivision makes necessary the moving of benchmarks, monuments, or stations, the authority having jurisdiction shall be notified and given sufficient time to take appropriate action.

   B.   Placement Of New Monuments: Monuments shall be placed at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points in any line and at all angle points along a meander line, the points to be not less than twenty feet (20') back from the normal water elevation of a lake or from the bank of a stream. When such corners or points fall within a street, or proposed future street, the monuments shall be placed in the right-of-way line of the street.

   C.   Monument Materials: Permanent monuments shall be galvanized iron pipe not less than three-fourths inch (3/4") in diameter and not less than thirty six inches (36") in length. In no case shall thin-wall pipe or electrical conduit be permitted. (Ord. 92-1855, 12-14-1992)

As a condition of approval of a final plat of subdivision or of a final plat of a planned development, the Village shall require land for park and recreational purposes and land for school sites, or cash contributions in lieu of land, or a combination of both, at the option of the Village, be provided to serve said needs specifically and uniquely attributable to the residents of the subdivision or planned development. This land or cash or combination thereof shall be provided in accordance with the following criteria and formula:

   A.   Criteria For Park And Recreational Land Requirements:

      1.   Land Requirement And Population Ratio: The amount of land required for dedication for park and recreational purposes shall be a direct function of the ultimate population density of a proposed development. The total requirement shall be seven (7.0) acres per land per one thousand (1,000) of ultimate population computed in accordance with the Table of Estimated Ultimate Population Per Dwelling Unit, contained herein.

      2.   Location: The location and configuration of the site to be dedicated shall be determined by the Village Board upon recommendation of the Plan Commission and in consultation with the Park District, which shall take into the account the Comprehensive Plan of the Village, the suitability of the site for park purposes or development, its relationship to population concentrations, and its proximity to other park or recreational lands.

      3.   Minimum Size: The minimum size of any land to be dedicated for park and recreational purposes shall be no less than ten thousand (10,000) square feet, one dimension of which cannot be less than one hundred feet (100'), except that the Plan Commission may recommend and the Village Board may approve dedications of a smaller size, when required by the specific plans of the development and when the usefulness of the smaller area for park and recreational purposes is demonstrated.

      4.   Use Of Detention Areas For Required Dedications: Detention areas for storm water control shall not qualify as land for park and recreational purposes, unless the use of the property for such purposes is clearly demonstrated.

      5.   Private Open Spaces And Recreational Areas: No more than forty percent (40%) of the land required for park and recreational purposes shall be privately owned and maintained. The Village shall approve the detailed plans for all improvements for such park and recreational land which is privately owned and maintained, and guarantees of the permanency of the use and maintenance of such privately owned and maintained park and recreational open space, satisfactory to and enforceable by the Village shall be entered into by the subdivider or developer, which guarantees may include covenants and/or express provisions in the articles of condominium ownership, or constitution and bylaws of a homeowners' association.

   B.   Criteria For School Site Dedication:

      1.   Land Requirement And Population Ratio: The amount of land required to be dedicated for school sites shall be a direct function of the ultimate number of students anticipated to be generated by a proposed development. The land dedication requirement shall be determined by obtaining the ratio of: 1) estimated children to be served in each such school classification, computed in accordance with the Table of Estimate Ultimate Population Per Dwelling Unit, contained herein, over the 2) maximum recommended number of students to be served in each such school classification as stated herein, and then applying such ratio to the 3) said minimum recommended number of acres for a school site of each such school classification as stated herein. The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the estimate increased children in each such school classification.

      2.   School Classifications And Size Of School Sites: School classifications and size of school sites within the Village shall be determined in accordance with the following criteria:

 

 

      3.   Location: The Comprehensive Plan of the Village and/or the standards adopted by the affected school districts shall be used as a guideline in locating school sites.

   C.   Criteria For Requiring A Contribution In Lieu Of Park And School Sites: Where the development is small and the resulting land dedication is too small to be practical or when the available land is inappropriate for park and recreational purposes or a school site, as determined by the Village Board, the subdivider or developer shall pay a cash contribution in lieu of the land required.

      1.   Cash Contribution In Lieu Of Park And Recreational Land Dedications: The cash contributions in lieu of park and recreational land dedications shall be held in trust by the Village, or other public body designated by the Village, solely for the acquisition of park and recreational land, which will be available to serve the immediate or future needs of the residents of that subdivision or development or for the improvement of any existing local park and recreational land that already services such needs.

      2.   Cash Contribution In Lieu Of School Site Dedications: The cash contributions in lieu of school site dedications shall be held in trust by Village, or other public body designated by the Village, solely for use in the acquisition of land for a school site to serve the immediate or future needs of students from that subdivision or development or for the improvement of any existing school site that already serves such needs.

      3.   Refund Of Cash Contribution: If any portion of a cash contribution in lieu of park and recreational land dedication, or cash contribution in lieu of school site dedication is not expended for the purposes set forth herein seven (7) years from the date of receipt, it shall be refunded to the subdivider or developer who made such contribution, along with any accrued interest earned on such funds.

      4.   Fair Market Value: The cash contributions in lieu of land shall be based on the "fair market value" of the acres of undeveloped land in the area to be improved as specified herein, that otherwise would have been dedicated as park and recreational and school sites. (Ord. 92-1855, 12-14-1992)

         a.   It has been determined that the present "fair market value" of such undeveloped land in and surrounding the Village to be improved as specified herein, is one hundred thousand dollars ($100,000.00) per acre, and such figure shall be used in making any calculation herein, unless the subdivider or developer and affected school district or park district files a written objection thereto. (Ord. 92-1855, 12-14-1992; amd. Ord. 99-2076, 2-22-1999)

         b.   In the event of any objection to the "fair market value" specified in subsection B4a of this Section, the objecting party shall submit an appraisal showing the "fair market value" of said undeveloped land in the area of the proposed development. The final determination of said "fair market value" per acre of said undeveloped land shall be made by the Village Board based upon such information submitted by the objecting party, along with any responses thereto by the subdivider or developer, or by the affected school district or park district.

      5.   Criteria For Requiring Dedication And A Fee: A combination of land dedication and a contribution in lieu of land shall be required, when:

         a.   The subdivision or development does not have sufficient or adequate land to meet the dedication requirements hereunder. That portion of the land within the subdivision or development which is adequate or sufficient for the park or school location shall be dedicated as a site as aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated.

         b.   A major part of the local park or recreational site or school site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall be required.

      6.   Criteria For A Fully Developed Park: A fully developed park, including appropriate lighting, grading, landscaping and recreational equipment, may be required when the availability of land for park land is limited and where the recreational needs of the residents of the subdivision can be satisfied with a smaller but fully developed park with a more intensive activity level. (Ord. 92-1855, 12-14-1992)

   D.   Density Formula: The Table of Estimated Ultimate Population Per Dwelling Unit, Children Per Unit copyright date 1996 prepared by Illinois School Consulting Service/Associated Municipal Consultants Naperville, Illinois, (a copy of which Table has been placed on file in the office of the Village Manager and by reference is hereby made a part hereof), is generally indicative of current and short range projected trends in family size for new construction, and shall be used in calculating the amount of required dedication of acres of land or the cash contributions in lieu thereof, unless a written objection is filed thereto by the subdivider or developer. (Ord. 99-2076, 2-22-1999)

   E.   Reservation Of Additional Land: Where the Comprehensive Plan or standards of the Village call for a larger amount of park and recreational land or school sites in a particular subdivision or development than the subdivider or developer is required to dedicate the land needed in excess of required dedication shall be reserved for subsequent purchase by the Village or other public body designated by the Village provided that such acquisition is started within one year from the date of approval of the final plat.

   F.   Combining With Adjoining Developments: Park or recreational land dedications and school site dedications may be combined with dedications from adjoining subdivisions and developments in order to produce usable recreational areas or school sites without hardship on a particular developer.

   G.   Topography And Grading: The slope, topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purposes. Grading on sites for park and recreational uses shall not differ greatly from surrounding land.

   H.   Improved Sites: All sites shall have a portion of their frontage improved with water and sanitary utility lines, electrical service, and fully improved streets.

   I.   Dedication Required As Part Of Annexation Agreement Or Special Use Permit: The dedications of land or cash contributions in lieu thereof required by this Ordinance shall also be required as a condition to the annexation of any land to the Village and/or the issuance of any conditional use permit. Dedications of land or cash in lieu thereof as specified in any annexation agreement or special use permit which are in substantial conformance with the requirements of this Ordinance shall be deemed to have fulfilled the dedication requirements of this Ordinance.

   J.   Dedication At Time Of Approval Of Final Plat: Approval of any final plan of subdivision or any final planned unit development plat may be conditioned upon the dedication of land or cash donations in lieu thereof as required by this Ordinance. Dedications of such land or cash in lieu thereof may be made at such other time as is specifically approved by the Village Board.

   K.   On-Site Storage: No storage of any equipment and/or materials, including spoil materials or top soil, shall be permitted on any land designated for park and recreational use or for school sites. (Ord. 92-1855, 12-14-1992)

Mailboxes shall be installed at such locations as recommended by the Plan Commission and approved by the Village Board, in conformance with the standards of the United States Postal Service. (Ord. 92-1855, 12-14-1992)

   A.   Installation Of Improvements: The owner or subdivider shall install storm and sanitary sewers, water supply systems, street grading and pavement, alleys, cross-walkways, public utilities, street lighting, and street signs in accordance with applicable ordinances and standards of construction of the Village.

   B.   Certification By Engineer: No subdivision of land shall be approved without receiving a statement signed by the Village Engineer, certifying that the improvements described in the subdivider's plans and specifications together with agreements, meet the minimum requirements of all ordinances by the Village.

   C.   Compliance With Specifications: The construction of improvements required by those regulations shall be in accordance with and to the specifications set forth in the following, as applicable:

      1.   Standard Specifications for Road and Bridge Construction, IDOT, current edition;

      2.   Standard Specifications for Water and Sewer Main Construction in Illinois, Illinois Society of Professional Engineers, et al., current edition;

      3.   Design Manual and Highway Standards, IDOT, Division of Highways, current edition;

      4.   Supplemental Specifications and Recurring Special Provisions, IDOT, July 1, 1988;

      5.   Special Provisions and Specifications, IDOT, Division of Local Roads and Streets;

      6.   Interim Special Provisions, adopted subsequent to issuance of Supplemental Specifications and mimeographed Special Provisions booklet;

      7.   Manual on Uniform Traffic Control Devices for Streets and Highways, adopted by IDOT;

      8.   Standard Specifications for Traffic Control Items, current edition.

   D.   Storm Water Control Facilities: Storm water control facilities shall be provided in conformance with Chapter 11 of this Ordinance, Flood Plain and Storm Water Management, and in accordance with:

      1.   Illinois Department of Transportation Division of Highways (IDOT) Design Manual and Highway Standards, current edition;

      2.   IDOT Supplemental Specifications and Recurring Special Provisions. (Ord. 92-1855, 12-14-1992)

   A.   Soil Investigations:

      1.   If the subdivision contains questionable soil and in the opinion of the Village Engineer soil investigations, borings or other soil tests are necessary to determine the nature and extent of such questionable material, the owner, subdivider or developer shall retain or cause to be retained the services of a competent testing laboratory to perform the needed investigations.

      2.   Copies of the completed reports prepared by the testing laboratory shall be filed with the Village Engineer.

      3.   The Village Engineer shall have no liability for costs connected with the test, borings, or interpretations of results of such work.

   B.   Blasting: No blasting shall take place in connection with any work in a subdivision until appropriate Village authorities have been notified and compliance with the applicable Village ordinances has occurred.

   C.   Inspection:

      1.   All public improvements proposed to be made under the provisions of this Ordinance shall be inspected during the course of construction by the Village Engineer or a duly designated deputy.

      2.   During the course of construction of the improvements, the subdivider shall be required to notify the Village Engineer forty eight (48) hours before the inspection of all utilities.

      3.   The subdivider shall pay the cost of all inspection services to the Village Clerk. The fee shall be established by the Village, based on current rates and standard engineering practice.

      4.   The general inspection periods or visits by the Village Engineer shall be as follows:

 

   D.   Qualifications Of Contractors: The developer shall file with the village a list of all contractors and subcontractors who are to participate in the construction of public improvements. Such contractors and subcontractors shall be subject to disqualification by reason of faulty performance of prior construction work done.

   E.   Sequence Of Construction: No underground utilities or storm sewers, except inlet drains, shall be installed under the pavement in streets, alleys, service roads, or highways. Service connections to such underground utilities and sewers shall be extended to the property line of each lot so as to obviate disturbing the surface improvements in such public ways when service connections are later made. Where underground utilities are located in the parkway adjacent to the paved roadway, service connections to properties across such roadway shall only be made by drilling under the pavement in such a way that surfacing is not disturbed or weakened, and excavation shall be compacted granular backfill and properly restored. The current "Illinois Standard Specifications For Water And Sewer Main Construction", latest edition, shall apply.

   F.   Debris Removal: The subdivider shall clean and maintain all public ways, sewers, and drains free from debris and trash or other extraneous material, prior to acceptance and at such other times during construction as the village may deem necessary to prevent the creation of a public nuisance.

   G.   Modification Of Design Of Improvements During Construction: During the course of inspection, the appropriate public inspector will especially note any circumstances which entail departures in the as built improvements from the plans and specifications as approved, such as an unforeseen difficulty in drainage, groundwater, poor subsoil, unstable fill material or in conventional or faulty practices of subcontractors. Whenever such departures are likely to cause either a lower ultimate level or performance or a higher construction cost than could reasonably have been anticipated, he shall prepare a report of his findings in the situation and promptly forward copies to the president of the village board, to the village manager and to the enforcing officers. (Ord. 92-1855, 12-14-1992)

If at all possible, existing contours should be preserved. When the ground elevations are to be altered by more than two feet (2'), the proposed contours shall be depicted on a plan according to the provisions of the Illinois procedures and standards for "Urban Soil Erosion And Sedimentation Control", Association Of Illinois Soil And Water Control Districts, current edition, and shall be approved by the village engineer. (Ord. 92-1855, 12-14-1992)

   A.   Land Dedications:

      1.   Dedications By Irrevocable Offer To Dedicate: Dedications of all land, easements and rights of way to the public shall be shown and indicated on the final plat, which shall be accompanied by an irrevocable offer to dedicate said land, which offer shall be filed at the office of the recorder of deeds.

      2.   Acceptance By Village: Acceptance of such dedicated land easements or rights of way shall be subject to the action of the village board with the approval of a plat and/or a warranty deed as required by state law, upon receipt of evidence of good title. (Ord. 15-2794, 3-23-2015)

   B.   Construction And Installation Of Improvements:

      1.   Completion Before Approval Of Final Plat: Approval of the final plat by the village board is contingent on the following:

         a.   All off site and on site street, water, sanitary sewer, and other improvements, necessary to service the lots and buildings on the property contained in the final plat, shall be constructed and installed within one year after the approval to the satisfaction of the village engineer, as specified in the approved final engineering drawings; and

         b.   Said improvements shall be dedicated to and accepted by either the village board homeowners' association or the appropriate agency free and clear of all liens and encumbrances on the property and public improvements thus dedicated.

      2.   Posting Of A Bond, Cash, Or Other Securities:

         a.   The village board in its discretion may waive the requirement that the required improvements be completed and dedicated prior to the approval of the final plat, and that, as an alternative, the subdivider shall post a bond, cash, or other securities, at the time of application for approval of the final plat, in an amount estimated by the village engineer to be equal to one hundred ten percent (110%) of the cost of construction and installation of the uncompleted portion of the required improvements, both on site and off site, except that all required improvements shall be installed, inspected, dedicated, and accepted by the village before any building permits shall be issued.

         b.   The depositing of any performance bond, cash, or other securities shall comply with all ordinance requirements, and said bond, cash or other securities shall be satisfactory to the village attorney as to form, sufficiency, and manner of execution.

         c.   The period within which the required improvements must be completed (1 year after the approval) shall be specified by the village board in the resolution approving the final plat and shall be incorporated in the bond or in the agreement depositing the cash or other securities with the village.

         d.   Any bond, cash, or other securities shall be payable to the village, and shall be enforceable by the village, on or beyond a date six (6) months after the scheduled date of completion of the required improvements. Upon proof of difficulty, the village board may grant an extension of the completion date for a maximum period of one year.

      3.   Temporary Improvements: The subdivider shall build and pay for all costs of temporary improvements required by the village board and shall maintain same for the period specified by the board. Prior to construction of any temporary facility or improvement, the subdivider shall file with the village a separate suitable bond, cash or other securities for the temporary facilities, which shall insure that the temporary facilities are properly constructed, maintained and removed.

      4.   Governmental Units: Governmental units to which any requirements for bond, cash, or other securities may apply may file in lieu of said requirements a certified resolution or ordinance from officers or agencies authorized to act in their behalf, agreeing to comply with the provisions for the installation of any necessary and required improvements.

      5.   Reduction Of Bond Or Release Of A Portion Of Cash And Other Securities: A performance bond may be reduced and cash and other securities released in part upon actual dedication and acceptance of any required improvements, and then only to the ratio that the dedicated and accepted improvement bears to the total improvements required to be installed. In no event shall a bond be reduced or cash and other securities released below twenty five percent (25%) of the principal amount, until all required improvements are dedicated and accepted.

   C.   Inspection Of Improvements And Preparation Of As Built Plans:

      1.   Inspection By Village Engineer: The village engineer shall inspect all required improvements during construction to ensure that they are installed to his satisfaction in conformance with the regulations contained herein and the approved final engineering drawings. The subdivider shall pay all such inspection fees and charges as established by this ordinance.

      2.   Corrections At Subdivider's Expense: If the village engineer finds upon inspection that any of the required improvements have not been constructed and installed in accordance with the standards and specifications of the village and in conformance with the approved final engineering drawings, the subdivider shall be responsible for completing and correcting the required improvements, before same shall be accepted by the village. Whenever the cost of the improvements is covered by a performance bond, the subdivider and the bonding company shall be severally and jointly liable for completing the improvements according to village specifications and approved final engineering drawings.

      3.   Preparation Of As Built Plans: As built plans, showing the location, size and invert elevation of all valves, manholes, stubs, sewer and water mains, and other improvements, shall be prepared by the developer's engineer prior to the acceptance of the required improvements by either the village board, homeowners' association or the appropriate agency, and shall be submitted to the village engineer. At the end of the construction of the required improvements, one final set of as built drawings shall be prepared, drawn in black (india) ink on tracing cloth, or materials of equal permanence and durability, and shall bear the seal and signature of the preparing engineer. The preparation of this set of plans for the village shall be a condition of acceptance of the required improvements by the village and the release of any bond, cash or other securities assuring their completion. This set of plans or a reproducible copy thereof shall become the property of the village.

   D.   Dedication And Acceptance Of Improvements:

      1.   Dedication Of Improvements:

         a.   All improvements to be constructed and installed as required hereunder, as specified in the final engineering drawings, or as required by the village board shall be dedicated to the village, unless the village board specifically authorized otherwise at the time that it approves the final plat.

         b.   Title to the improvements required to be dedicated to the village shall be transferred by bill of sale, with proof of ownership in the grantor and evidence that said improvements are free and clear of any and all liens and encumbrances, which shall be in a form acceptable to the village attorney, and which may include lien wavers from all major subcontractors and materialmen.

      2.   Acceptance Of The Improvements By The Village:

         a.   The village board shall not accept dedication of the required improvements, nor release nor reduce the bond, cash or other securities, until the village engineer has certified that all required improvements have been satisfactorily completed and installed and that as built drawings have been submitted and until the village attorney has reviewed the evidence showing clear title to the improvements in the grantor.

         b.   All required improvements, both off site and on site, necessary to service the lots and buildings on the property contained in the final plat shall be dedicated to and accepted by the village before the final plat is approved or, if a bond, cash or other securities are posted with the village, before any building permits shall be issued.

         c.   Lack of acceptance by the village of the required improvements shall not limit the power of the village to maintain and improve said improvements, to extend said improvements and to allow third parties to use said improvements.

   E.   Maintenance Of Improvements:

      1.   Maintenance Of Nonaccepted Improvements At Subdivider's Expense: The subdivider shall maintain and repair all required improvements, including snow removal on street and sidewalks, if necessary, until acceptance of said improvements by the village board. If necessary maintenance and repairs are not made to the required improvements in a timely fashion by the subdivider, the village may, on twelve (12) hours' notice, effect such repairs or maintenance, including snowplowing, and shall charge the costs of same to the subdivider.

      2.   Filing Of Maintenance Bond Or Retention Of Guarantee: At the option of the village board:

         a.   The subdivider shall file a maintenance bond with the village, prior to the dedication of the improvements, in an amount considered adequate by the village engineer and in a form satisfactory to the village attorney, in order to assure the satisfactory condition of the required improvements for a period of one year after the date of their acceptance by the village board.

         b.   The village shall retain a portion of the bond, cash or other securities, posted in conformance with subsections B through E of this section, equal to five percent (5%) of the cost of the accepted improvements. This guarantee shall be retained for a period of one year after the date of the acceptance of the dedicated improvements by the village board. During this period, the funds shall be used to pay for the cost of any repairs to the accepted improvements not paid for by the subdivider. At the end of the period, any remaining funds shall be returned to the subdivider.

   F.   Cost Of Improvements To The Village:

      1.   Required Improvements At Subdivider's Expense: All costs related to the construction and installation of the required improvements shall be borne by the subdivider, and said improvements shall be dedicated to the village without charge.

      2.   Oversized Improvements: Whenever necessary, to conform to the comprehensive plan of the village, or otherwise to protect or promote the public interest, the village may require that the required improvements be oversized. The cost to construct and install such oversized facilities by the subdivider shall be no greater than that which would result from the construction and installation of improvements sized for his own subdivision. The excess cost resulting from the requirements of oversizing the improvement shall be borne by the village or appropriate public authority, or by other affected property owners in a recapture ordinance, or in an abatement of a portion of required tap-on fees and charges, as specified by the village board at the time of approval of the detailed engineering drawings. (Ord. 92-1855, 12-14-1992)

   A.   Procedure For Vacations Of Village Rights Of Way: All requests for the vacation of village owned rights of way shall follow the procedure set forth in the policy governing the disposal of public right of way property approved by the corporate authorities of the village on March 26, 2007, under resolution 07-1955, as amended. The policy is entitled "village excess rights of way disposal policy and procedures dated March 26, 2007" (the "ROW policy"). The ROW policy incorporates the requirements for vacating public rights of way as set forth in the Illinois vacation statute 1 and this section.

      1.   Approval: Final action on the request for a vacation of public right of way requires approval of an ordinance by two- thirds (2/3) of the board of trustees.

      2.   Application; Submittals: The applicant shall submit a request for the vacation of public right of way to the village manager in accordance with the ROW policy. The director of municipal services, or his/her designee, shall be responsible for the coordination, preparation or ordering of the documents necessary to complete the vacation of public right of way. To the extent necessary, the village engineer and the village attorney will assist the village staff with the review of the vacation request and related documents needed to complete the vacation process and will also assist with the coordination, preparation or ordering of the documents necessary to complete the vacation of public right of way. These documents shall include:

         a.   Plat of vacation of public right of way and reservation of public easements.

         b.   Ordinance approving the plat of vacation of public right of way and reservation of public easements and the vacation transaction.

         c.   Title policy, which will be issued by a title insurer after the approving ordinance and the plat are filed with the Cook County recorder of deeds (CCRD) office.

         d.   Affidavit of the director of municipal services or community development director, or his/her designee, regarding historic and current use of the public right of way (prepared for and delivered to the title insurer).

         e.   Letter of payment issued by the finance director confirming payment of the purchase price for the public right of way (prepared for and delivered to the title insurer).

         f.   Such other documents requested by the director of municipal services or community development director, or his/her designee, in order to complete the vacation process.

      3.   Deposit And Reimbursement Of Village For Application And Plat Review Fees And Costs: The deposit amount shall be set forth in the ROW policy and shall be used to pay for the review of the application, necessary document preparation, and submittals by the village's staff, the village engineer, the village attorney and any other village consultant requested by the director of municipal services or the community development director, as well as the filing fees of the Cook County recorder of deeds (CCRD) office for the filing of the plat. If the deposit is insufficient to satisfy the review costs and fees and filing fees, upon written request of the director of municipal services, or his/her designee, the applicant is responsible for paying the balance due and payment shall be a condition of final approval of the plat. The director of municipal services, or his/her designee, shall provide the applicant with an itemized summary of the review costs, document preparation costs and filing fees incurred in regard to the application and plat approval.

   B.   Procedure For Abrogation Or Vacation Of Village Easements: In all cases, the abrogation or vacation of any plat, or part thereof, that contains any village easement or part thereof shall follow the procedure for the review of plats established in this ordinance, except:

      1.   Approval: Final action shall be taken by the village board after consultation with the plan commission.

      2.   Application; Submittals; Deposit And Reimbursement Of Village For Application And Plat Review Fees And Costs: An applicant (the property owner or person with an ownership interest in the property with the written consent of the property owner) may apply for approval of a plat of an administrative minor subdivision by completing and submitting an executed application and the submittal requirements and paying to the village a required minimum deposit of two thousand five hundred dollars ($2,500.00). An application may be obtained from the director of municipal services, or his/her designee, or from the village website. The deposit shall be used to pay for the review of the application, necessary document preparation, and submittals by the village's staff, the village engineer, the village attorney and any other village consultant requested by the director of municipal services, or his/her designee, as well as the filing fees of the Cook County recorder of deeds (CCRD) office for the filing of the plat. If the deposit is insufficient to satisfy the review costs and fees and filing fees, upon written request of the director of municipal services, or his/her designee, the applicant is responsible for paying the balance due and payment shall be a condition of final approval of the plat. The director of municipal services, or his/her designee, shall provide the applicant with an itemized summary of the review costs, document preparation costs and filing fees incurred in regard to the application and plat approval.

   C.   Petition Form And Content: The sketch and preliminary plat of abrogation or vacation shall include, on its face, the following information:

      1.   Legal description for the easement area to be abrogated or the right of way area to be vacated;

      2.   Legal description for each retained or reserved easement and a legend that describes each retained or reserved easement;

      3.   Drawing showing the underlying lot, property index number, common street address, and the abrogated or vacated easement area;

      4.   Data and information found in subsection 10-10-3F2b of this chapter as required by the director of municipal services or the community development director, or their designee, or the CCRD;

      5.   Signature blocks as required by state law and the community development director or the director of municipal services, or their designee, or the CCRD, or the Cook County clerk's office; and

      6.   Such other information requested by the community development director or the director of municipal services, or their designee, or the CCRD, or the Cook County clerk's office.

Final petitions for vacation or abrogation of a village easement shall include the following items:

      1.   Three (3) copies of the original underlying plat certified by the CCRD to be a true copy of same, on which is shown the portion to be vacated outlined in a heavy line and hatched;

      2.   Check or cash deposit for reimbursement of village costs incurred in reviewing and processing the petition.

      3.   The following documents shall be submitted to the village:

         a.   Plat of vacation or plat of abrogation of easement: One copy of a full, large scale plat plus three (3) copies of a smaller scale plat (11 inches x 17 inches).

         b.   Petition: Three (3) copies.

         c.   County clerk's certificate.

         d.   Resolution approving the plat.

         e.   Assessor's certificate.

         f.   The petition as it is presented to the village board is to be accompanied by a recommendation from the village manager, or his/her designee.

   D.   Standards: The village manager and the other administrative officers shall recommend disapproval of any petition for vacation that fails to meet the following standards:

      1.   No vacation shall be approved which creates a condition which would not be permitted under the standards of design set forth herein, unless such vacation will at the same time correct a more serious condition which exists contrary to the standards of this ordinance.

      2.   No vacation shall be approved which will result in a violation of this ordinance or other applicable ordinances or regulations, unless such vacation will at the same time correct a more serious condition which exists contrary to such ordinances or regulations.

   E.   Easements: The vacation or abrogation of any plat or part thereof, or right of way, easement or part thereof, shall not be deemed to be a vacation of the rights of any public or private utility where said utility has installed its facilities therein. All such vacations shall be made upon the express condition that the petitioner and abutting property owner(s) either accept the reservation of public utilities easements within the vacated right of way or grant to all public utilities, their successors and assignees new easements to operate, maintain, renew and reconstruct or relocate their facilities, over or under the remaining public right of way or within new easements and such condition shall be noted in the deed or plat of vacation and in the ordinance or resolution of vacation.

   F.   Bonds: The village of Western Springs may require the petitioner to furnish a bond in an amount sufficient to protect the village, indemnifying it for any suit which may be filed for damages sustained as a result of such vacation.

   G.   Limitation: Nothing contained herein, nor any required certificate, shall be deemed in any way to limit the right and authority of the village of Western Springs to vacate or abrogate any plat or part thereof, or any right of way or easement or part thereof where it finds that such vacation will serve the public interest.

   H.   Resubdivision In Lieu Of Vacation: It shall not be necessary to vacate a plat or part thereof in order to proceed with a resubdivision of said plat or part thereof. Resubdivision according to the procedure and standards for subdivisions required by this chapter shall automatically constitute vacation of a prior plat or part thereof, provided that monetary remuneration shall be paid to the village of Western Springs in consideration of any excess public property to be vacated over that portion of public property to be dedicated within the subdivision. The monetary remuneration shall be set in accordance with the pricing schedule set forth in the ROW policy, or such other lesser or greater dollar amount as approved by the corporate authorities of the village.

   I.   Cancellation Of Bonded Contracts: Bonded contracts for the improvement of platted streets or alleys shall be automatically canceled upon vacation of such platted streets or alleys. (Ord. 15-2794, 3-23-2015)

Notwithstanding any other provision of this chapter which would require the plan commission and/or the village board to take action in regard to a proposed plat of subdivision, a plat of consolidation may be approved administratively by the director of community development, without need to bring said plat of consolidation before the plan commission or the village board, provided the lot(s) created by said plat of consolidation meets or exceeds the minimum lot area and size requirements for the applicable zoning district classification and is otherwise in full compliance with applicable provisions of this ordinance. The intent of this section is not to avoid compliance with the subdivision regulations, but to allow an applicant to combine multiple, adjacent parcels of real property into either one platted lot or multiple platted lots that are fewer in number than the initial lots of real property that are subject to the consolidation request.

   A.   Application; Deposit And Reimbursement Of Village For Application And Plat Review Fees And Costs: An applicant (the property owner or person with an ownership interest in the property with the written consent of the property owner) may apply for approval of a plat of consolidation by completing and submitting an executed application and the submittal requirements and paying to the village a required minimum deposit of two thousand five hundred dollars ($2,500.00). An application may be obtained from the community development department or from the village website. The deposit shall be used to pay for the review of the application, necessary document preparation, and submittals by the village's staff, the village engineer, the village attorney and any other village consultant requested by the community development director, as well as the filing fees of the Cook County recorder of deeds (CCRD) office for the filing of the plat. If the deposit is insufficient to satisfy the review costs and fees and filing fees, upon written request of the community development director, the applicant is responsible for paying the balance due and payment shall be a condition of final approval of the plat. Upon recording of the plat, the community development director shall provide the applicant with an itemized summary of the review costs, document preparation costs and filing fees incurred in regard to the application and plat approval.

   B.   Plat Content: The plat of consolidation shall include, on its face, the following information:

      1.   Legal description for the consolidated lot or legal descriptions for each individual lot created by the consolidation.

      2.   The data and information found in section 10-10-4, "General Design Standards", of this chapter.

      3.   The data and information found in section 10-10-8, "Easements", of this chapter.

      4.   The data and information found in section 10-11-13, "Other Development Requirements", of this ordinance.

      5.   Signature blocks as required by the community development director or the CCRD, or the Cook County clerk's office.

      6.   Such other information requested by the community development director or the CCRD, or the Cook County clerk's office.

   C.   Submittal Requirements: The submittal requirements for a complete application shall include:

      1.   A plat of consolidation that conforms to the requirements of this section.

      2.   Legal descriptions of the underlying parcels that are subject to the consolidation request.

      3.   Proof of payment of current and prior real estate taxes.

      4.   Proof of ownership of the parcels that are subject to the consolidation request. (Ord. 15-2794, 3-23-2015)