A.   Purposes: This Chapter establishes the procedure to be followed by a landowner or developer who proposes to subdivide or develop any land subject to the terms of this Code. Applicants will be required to consolidate petitions for subdivision, development, zoning relief or annexation in one proceeding. This section identifies the contents of preliminary and final plats, plans and supporting data. This section establishes a review process, and enumerates standards governing decisions made under this Article. In addition, this Article establishes applicable subdivision improvements standards required by the City.

   B.   Authority: This Article is adopted in accordance with the City’s authority to comprehensively plan for its future economic and land use development pursuant to Division 12 of the Illinois Municipal Code, 65 ILCS 5/11-12-1 et seq.

   C.   General Purpose and Intent: The purpose of this Article is to establish reasonable design standards and procedures for subdivision and development applications within the corporate limits and extraterritorial jurisdiction of the City and, further, to promote the public health, safety, comfort, morals and welfare of the community, including:

      1.   Promote the orderly development of the City and surrounding unincorporated areas in accordance with the Official Comprehensive Plan;

      2.   Protect the character and maintain the stability of the City and surrounding unincorporated areas;

      3.   Ensure the proper coordination and installation of streets and other public improvements and utilities;

      4.   Provide adequate storm drainage and flood control measures;

      5.   Protect valuable natural and cultural resources;

      6.   Protect valuable agricultural resources;

      7.   Promote the logical arrangement of lots for future development;

      8.   Insure proper legal descriptions and placement of survey monuments for subdivided properties; and

      9.   Guarantee the construction, inspection, dedication and acceptance of reasonable public improvements.

   D.   Jurisdiction: The requirements of this Article shall be applicable to any and all subdivisions or Developments of land within the corporate limits of the City, as may be modified from time to time, as well as all unincorporated areas within one and one-half (1.5) miles of the corporate limits of the City. Valid and fully executed jurisdictional boundary line agreements between the City and other municipalities may take precedence in establishing the jurisdiction in unincorporated areas, as authorized by Section 11-12-9 of the Illinois Municipal Code, 65 ILCS 5/11-12-9.

   E.   Official Comprehensive Plan Component: In accordance with Section 17.202.A. of this Code, as amended, this Article is and shall be a part of the “Official Comprehensive Plan” of the City of Wood Dale.

   F.   Consistency with State Laws Regarding Division of Land: From and after the effective date of this Code, no lot or tract of land located within the City or within the area of jurisdiction of the City shall be divided or redivided in any manner into two or more lesser tracts for building site purposes, without subdividing or resubdividing and platting such tract in the manner provided by the statutes of the State of Illinois.

   G.   Types of Subdivisions.

      1.   Major Subdivision. A Major Subdivision is one that involves one or more of the following activities:

         a.   There are proposed public streets, alleys, easements, parks, and common areas.

         b.   There are buildings or significant structures on the land to be subdivided.

         c.   There are required improvements to be made within a public right of way other than concrete sidewalks, landscaping, monuments, lateral extensions of sanitary and storm sewers, and water mains.

         d.   There are variances or exceptions requested from this chapter.

         e.   The subject property is being designed and developed as a planned unit development.

      2.   Minor Subdivision. A subdivision of land into four (4) or fewer lots, provided that such subdivision does not involve any new or extensions of existing public streets, alleys, easements, parks, or common areas, or require any other public improvements, and does not require any modifications of this Section. (Ord. O-22-017, 5-19-2022)

   A.   The Preliminary Subdivision Plat: No person shall subdivide or develop any parcel of land until a preliminary subdivision plat shall have been reviewed and recommended by the Community Development Commission and approved by the City Council as set forth herein. The Development Administrator may authorize the simultaneous filing of an application for preliminary and final subdivision plat approvals without compliance with separate procedures in particular cases where the nature and scope of the proposed subdivision does not require separate review procedures.

   B.   Procedures for Reviewing the Preliminary Subdivision Plat:

      1.   City Staff Review of Preliminary Subdivision Plat: Upon receipt of a complete application, the Development Administrator shall distribute copies of the application and supporting documents to such city staff and consultants as appropriate for review and comment concerning compliance with city requirements. Within fourteen (14) days of receipt of the complete application, the Development Administrator shall advise the applicant, in writing, that the preliminary plat conforms or fails to conform to the requirements of this Chapter or other provisions of this Code. If the preliminary subdivision plat fails to conform, the Development Administrator shall specify the reasons the preliminary subdivision plat fails to satisfy city development goals and requirements of this chapter.

      2.   Community Development Commission Review of Preliminary Subdivision Plat: Upon receipt of all the material required under Section 17.802.D. of this Article for the preliminary subdivision plat, the development administrator shall circulate the preliminary subdivision plat to the Community Development Commission. The Community Development Commission shall place the matter on its agenda and shall serve notice upon the applicant of the time and place of its meeting at which said matter will be discussed. The community development commission shall forward its written report to the City Council recommending approval or disapproval of the preliminary subdivision plat within sixty (60) days from the date of the filing of a complete application, or such other extended time as may be agreed to between the applicant and the Development Administrator. If the recommendation is to disapprove, the report shall set forth the reasons for its disapproval and specify with particularity the aspects in which the proposed subdivision plat fails to satisfy city development goals and requirements of this chapter. Failure of the Community Development Commission to make its recommendation within the 60-day period, or such agreed extended time, will be considered a recommendation of approval of the preliminary subdivision plat.

      3.   City Council Review of Preliminary Subdivision Plat: The City Council, by resolution duly adopted, shall accept or reject the preliminary subdivision plat within thirty (30) days after its next regularly scheduled meeting following the date of action of the Community Development Commission, or such other extended time as may be agreed to between the applicant and the Development Administrator. If it rejects the preliminary subdivision plat, the resolution shall set forth the reasons for its disapproval and specify with particularity the aspects in which the proposed plat fails to satisfy city development goals and requirements of this chapter. Failure of the City Council to make its recommendation within the 30-day period, or such agreed extended time, will be considered denial of the preliminary subdivision plat.

      4.   Modifications; Initial Board Comment and Referral:

         a.   In the event the application for preliminary subdivision plat approval includes a request for a modification of any provision of this Chapter, the application will be submitted to the Development Administrator for initial review and comment, prior to referring the matter to the City Council for preliminary review. Within 30 days of referral to the City Council, the City Council, at a regular City Council or Committee of the Whole meeting, will review the application materials and any member of the City Council may make any comments, suggestions or recommendations deemed necessary or appropriate regarding the application.

         b.   The purpose of the review will be to broadly acquaint the City Council with the applicant’s proposal and to provide the applicant with any initial views or concerns that members of the City Council may have at an early stage in the Subdivision review process. Any views expressed in the course of the City Council’s initial review of the Subdivision and related modification request are advisory only, preliminary in nature, and the individual views of the member expressing them. Nothing said or done in the course of the review will create, or prejudice, any rights of the applicant or to obligate the City Council, or any member of it, to approve or deny the formal application following full consideration thereof, as required by this Chapter.

         c.   Public Hearing Required. Within 45 days of the initial City Council review of the application for preliminary subdivision plat approval and related modifications of this Article, and after public notice complying with Section 17.202.E. of this UDO have been satisfied, the Community Development Commission will conduct a duly noticed public hearing to review the application. The Community Development Commission will, within 30 days of the initial public hearing on the application, act to recommend approval, approve with conditions or disapprove the application and the modification of this Article. The failure of the Community Development Commission to act within the time period specified in this Subsection 17.802.4.c., or any additional time to which the applicant may agree, will be deemed a recommendation for the approval of the preliminary subdivision plat and the related modifications.

         d.   City Council Approval. Within 30 days of receiving a recommendation from the Community Development Commission, the City Council will approve, approve with conditions, approve with modifications, or disapprove. The failure of the City Council to act within 30 days will be deemed disapproval.

      5.   Effect of City Council Approval of Preliminary Subdivision Plat: Approval of the preliminary subdivision plat by the City Council shall not qualify the preliminary subdivision plat for recording, but shall be considered permission to prepare the final subdivision plat with detailed plans and specifications for the proposed subdivision.

      6.   Expiration: Such preliminary subdivision plat approval shall be effective for no more than one year from the adoption date of the resolution approving the preliminary subdivision plat, unless, upon written request by the applicant, the City Council grants an extension of time for up to one additional year, by resolution duly adopted.

      7.   City Record: A certified copy of the resolution approving or disapproving the preliminary plat shall be filed in the office of the City Clerk and shall be attached to said preliminary plat.

   C.   Standards for Review of Preliminary Subdivision Plat: The Community Development Commission shall recommend approval and the City Council shall approve a preliminary plat of subdivision unless it makes written findings specifying the manner in which:

      1.   The design and layout of the subdivision does not conform to the provisions of this Article.

      2.   The applicant has not made adequate provision to install improvements required by the Community Development Commission or City Council under authority of this chapter.

      3.   The preliminary subdivision plat fails to comply with an approved PUD concept plan.

      4.   The plat does not conform with the Comprehensive Plan, the Official Map, this Article, city ordinances, or established planning and development policies of the city.

   D.   Contents of Preliminary Subdivision Plat: Any person proposing to subdivide any parcel of land shall file with the Development Administrator a preliminary plat in a quantity and form as required by the Development Administrator. The preliminary plat or shall include the following:

      1.   General Information: The following general information, where applicable, shall be shown on the preliminary subdivision plat:

         a.   The name of the proposed subdivision that must include the subdivider’s name and words “addition to Wood Dale” in the name and shall not duplicate or resemble the name of any existing subdivision within the city or the township in which the subject property is located.

         b.   Date of preparation, north arrow, and graphic scale of drawing which shall be no less than one inch equals two hundred feet (1" = 200') for areas over one hundred (100) acres and one inch equals one hundred feet (1" = 100') for areas under one hundred (100) acres.

         c.   An identification clearly stating that the map is a preliminary subdivision plat.

         d.   Legal description of the parcel.

         e.   The name and address of the record owner, the applicant, the surveyor, licensed professional engineer, land planner, or architect who prepared the subdivision plat.

         f.   A vicinity map showing the general location of the parcel within the city and environs.

         g.   Completed application form signed by the owner of the land to be subdivided or developed and the required application fees.

         h.   The name and address of the owners of record of all adjacent parcels.

         i.   A table of subdivision data indicating the number of lots; the total acreage of the property stated in hundredths (0.01) of an acre; the acreage of any public open spaces; the acreage of all right of way; the minimum lot size stated in square feet; the average lot size; and the existing and proposed zoning.

      2.   Existing Conditions: The following conditions, if found to exist on the parcel and on all adjacent land within one hundred feet (100') of the boundaries of the subject property, shall be shown on an existing conditions exhibit which shall be a separate drawing from the preliminary subdivision plat:

         a.   The location, width and names of all streets within or adjacent the parcel together with easements, public utility and railroad rights of way, and other important features such as adjacent lot lines, municipal boundary lines, section lines, corners and monuments.

         b.   The location of all existing structures, showing those that will remain on the parcel after the final plat is recorded.

         c.   Topographic data, including contour lines at vertical intervals of not more than two feet (2') with reference to USGS datum or at a more frequent interval if required by the Development Administrator for land having unusual topography.

         d.   The location and direction of all rivers, seeps, springs, flowings and wells; lakes, ponds, wetlands and any detention basins showing their normal shorelines, flood limits and lines of inflow and outflow, if any; and watercourses and the location of all areas subject to flooding, including the flow lines of rivers, streams and channels showing their normal shorelines and the 100-year floodplain and floodway limits certified by either the Illinois State water survey, the Illinois Department of Transportation, the Army Corps of Engineers, by the National Flood Insurance rate program or on the Federal Emergency Management Administration’s flood boundary and floodway maps.

         e.   Natural features such as rock outcroppings, wooded areas, and trees greater than six inches (6") in diameter as measured at breast height.

         f.   A map showing the location, size, material, and condition of all agriculture drain tile and laterals on the property. To determine this, an investigation shall be conducted making rational assumptions as to where tiles are typically located based on the topography of the site. A slit trench by backhoe or tractor shall be a minimum of three feet (3') wide, five feet (5') deep and six feet (6') in length. To fully map field tile locations, slit trench excavation and field staking should occur at a minimum one hundred foot (100') intervals with confirmation of the route between each interval through the use of additional slit trench, hand probes, or electronic location devices. The location and size of existing sanitary and storm sewers, water mains, culverts, drainpipes, catch basins, manholes, hydrants within the parcel and in adjacent streets or rights of way, and fire flow information from the proposed source.

         g.   Zoning classifications of the subject property and of adjacent lands.

         h.   Present uses of the subject property including the location of all existing structures, indicating which structures will be removed and which will remain on the subject property after the development is complete.

         i.   The location on and within one hundred feet (100') of the subject property of all property lines, easements of record; the uses, zoning and ownership of all parcels; railroads, bridges, culverts, storm sewers, sanitary sewers, water main, detention/retention facilities, also indicating surface and invert grade elevations of catch basins, manholes, culverts and fire hydrants; existing buildings and their use(s) and foundation elevations and their future disposition; buried structures; and location of significant natural features and areas of likely archaeological significance or habitat for endangered flora and fauna species.

         j.   A copy of the wetland delineation report.

         k.   The locations of existing monuments or survey markers on or adjacent the subject property.

         l.   The location and description of all other existing improvements, including, but not limited to, culverts, towers, poles, and other aboveground and underground utilities.

      3.   Proposed Improvements: The following improvements, if proposed or required, shall be shown on the plat or in supporting documents:

         a.   The location, dimension and names of all proposed street and alley rights of way. The preliminary plat or development plan shall show the relationship between existing and proposed streets.

         b.   Lots showing approximate dimensions, minimum lot sizes and proposed lot numbers.

         c.   Sites to be dedicated for school, park, playground or other public purposes, together with appropriate acreage of each.

         d.   Proposed building setback lines with dimensions.

         e.   If the proposed subdivision will be constructed in phases, the limits and location of proposed units shall be shown.

         f.   The location, dimensions and area (in square feet) of all proposed lots.

         g.   Lot and block numbers clearly shown.

         h.   The location, dimension and purpose of all proposed easements.

      4.   Supporting Data: The following supporting data shall be submitted in separate statements and/or maps accompanying the preliminary plat, or if practical, such data may be shown on the preliminary plat.

         a.   Proof of ownership of the parcel and applicant’s interest therein. Include names of all parties with beneficial interest in trusts and options to purchase.

         b.   Existing or proposed annexation agreements which pertain to the parcel.

         c.   A list of all lot sizes.

         d.   Text of proposed covenants and conditions restricting or controlling use of the subject property.

         e.   A copy of the “natural resources opinion report” from the DuPage and/or DuPage County soil and water conservation district.

         f.   A copy of the Illinois department of natural resources’ endangered species consultation application.

         g.   A comprehensive drainage plan with analysis of the impact that the subdivision creates on the site and on the surrounding area.

         h.   Proposed agreements, bylaws, provisions or covenant for a property owners’ association which govern the use, maintenance and continued protection of the subdivision and any of its planned open spaces or other facilities as may be required that will include, at a minimum, the following provisions:

            (1)   The membership in the owners’ association shall be mandatory for each and every owner, and successive owner, of all dwelling units located on the property.

            (2)   The owners’ association shall own, and shall be responsible for the continuity, care, conservation, maintenance and operation, in a first-rate condition, and in accordance with predetermined standards, of the common areas, including without limitation all equipment, appurtenances, ponds, detention facilities, and perimeter fencing located on or within the common areas and the cost of power required for the affected equipment and appurtenances.

            (3)   The owners’ association shall be responsible for casualty and liability insurance, and the City of Wood Dale shall be named as an additional insured on all policies of liability insurance obtained by the owners’ association.

            (4)   The owners of all dwelling units located on the property or the owners’ association, as applicable, shall be responsible real estate taxes for the common areas.

            (5)   The owners of all dwelling units located on the property shall pay their pro rata share of all costs and expenses incurred by the owners’ association by means of an assessment to be levied by the owners’ association that meets the requirements for becoming a lien on the property in accordance with the statutes of the State of Illinois.

            (6)   The owners’ association shall have the right to adjust the assessment to meet changed needs except any assessment imposed by the City of Wood Dale. The membership vote required to authorize an adjustment shall not be fixed at more than 51% of the members voting on the issue.

            (7)   The owners’ association shall be created and established prior to the sale of any portion of the property.

            (8)   The City, as well as the owners of the dwelling units located on the property shall have the right to enforce the declaration.

            (9)   The City shall have the right, but not the obligation, after 10 days written notice to the owners’ association, (i) to perform any maintenance or repair work that, in the sole opinion of the City, the owners’ association has neglected to perform on the common areas, (ii) to assess the membership for that work, (iii) to file a lien against the property of the owners’ association or the property of any member failing to pay the assessment, and (iii) and to enforce the lien in the manner provided by law for mortgage foreclosure proceedings.

            (10)   The declaration shall run with and bind any and all portions of the property, and shall be binding on the developer, and its successors in interest, to all portions of the property; provided, however, that the declaration may provide for its amendment, modification, or termination at any time upon obtaining the prior consent of the City of Wood Dale to said amendment, modification, or termination.

         i.   Traffic impact study if required by the city council after receiving a recommendation from the city engineer.

         j.   The results of any tests made to ascertain subsurface rock and soil conditions and characteristics, and the seasonal water table.

         k.   An executed copy of the preliminary plat checklist indicating all of the items provided on the preliminary subdivision plat or in the supporting documents submitted.

   E.   Preliminary Engineering Report: A preliminary engineering report shall be submitted along with the preliminary subdivision plat to provide supplemental engineering data regarding factors that will affect the final design of the subdivision. The preliminary engineering report may be a separate drawing showing items to be addressed specifically in the preliminary engineering report including:

      1.   A comprehensive stormwater management plan for the land to be subdivided, including the general alignments of the proposed storm sewer system, points of connection of existing storm sewer systems, detention (or retention), stage/storage relationship of the discharge structure to identify the varying release rates due to inlet and outlet control, off site areas of contribution, points at which off site flows will be intercepted, and all the necessary maps, computations and field data supporting the engineer’s stormwater management plan. The proposed stormwater management plan shall identify an overland flow route to accommodate flows in excess of storm sewer design level.

      2.   The location, normal and high water elevations, and outflow of proposed stormwater management facilities.

      3.   Proposed site grading, and a statement that the subdivider or developer will provide such temporary facilities during construction as are necessary or required to prevent soil erosion or the siltation of watercourses, and that adequate measures will be taken during construction for dust control. The subdivider or developer shall also agree to clean and restore streams, ditches or watercourses of any kind if protective measures prove inadequate.

      4.   Location and description of all existing and proposed sanitary and storm sewers, water mains, wells, lift stations, and culverts along with an appropriate schedule of calculations supporting the quantity of flow, sewer sizing and grades, as well as population equivalent for the subdivision in its developed state.

      5.   The location, size and inverts of all existing and proposed storm sewers, bridges, culverts, drain tiles, drainageways, ditches, creeks or rivers on the site, or within one hundred feet (100') of the site.

      6.   The location and size of existing and proposed water main to be installed within the proposed subdivision, along with general hydrant and valve spacing.

      7.   When a lift station is required, supporting documentation regarding its size (gpm), pumping heads, TDH, force main size, general description of the control system, description of the alternate power source, and the location and accessibility of the station.

      8.   The structural design (thickness and material types) to be used for the construction of the roadway system, projected traffic volumes, soils data and IBR values shall be submitted to support the roadway design including widths, crown, thickness, type of curb and gutter. This information and data can be represented by a typical section for each street type to be constructed.

      9.   The size, dimensions and location of miscellaneous items such as parkway trees, streetlights, sidewalks, bike paths and driveway approaches shall be identified in the report and shown in typical section and/or typical plan view drawings.

   F.   Copies Submitted: The applicant shall submit copies of each plat, plan, map and supporting document required by this section in a number prescribed by the development administrator. All drawings, plans and reports submitted to the city shall be folded to approximately nine inches by twelve inches (9" x 12").

   G.   Engineering Approval: Before submitting the final plat for review, the applicant shall submit engineering plans, details and specifications, and an estimate of cost for all proposed improvements for approval of the city engineer.

      1.   Upon the approval of preliminary plat, the applicant shall have prepared and certified by a licensed professional engineer, construction plans, details, calculations, specifications and quantities of materials (the “engineering drawings”) for said improvements which shall be submitted in a form and in a number of copies as required by the city engineer.

      2.   The city engineer shall review all engineering drawings in order to determine whether such drawings are consistent with the approved preliminary plat and comply with the specifications of this Article and sound engineering practice. Such engineering drawings shall be distributed to such city staff, consultants and other persons as may be necessary. Within forty five (45) days after receipt of a complete set of the required plans, details or specifications, the city engineer shall review said plans, details or specifications and, if they are in compliance with the preliminary plat and this section, shall forward the same to the Development Administrator with an advisory report that they so conform and comply. In the event that the plans, details or specifications do not so conform or comply, the city engineer shall notify the applicant and development administrator with an advisory report which outlines the specific manner in which they do not so conform or comply. The advisory report shall be submitted within the said forty five (45) day period.

      3.   The Community Development Commission shall not act upon the final plat until the engineering drawings have been reviewed by the city engineer and an advisory report of compliance or noncompliance has been received by the Development Administrator.

   H.   Proposed Subdivision or Development Agreement. All engineering plan approval applications will include a proposed subdivision or development agreement, as the case may be, in a form approved by the Development Administrator. The subdivision or development agreement will, without limitation, include or reference the following minimum information:

      1.   Proposed site development schedule for installation of guaranteed public and private improvements, referencing the final plat or development plan, and final engineering plans, and stipulating the improvements which must be installed prior to issuance of a building permit or certificate of occupancy for the buildings or structures to be constructed.

      2.   Description and estimated cost of public and private improvements, in a form and amount approved by the City Engineer, providing a detailed accounting of the various types and amounts of improvements included in the estimate.

      3.   Type and summary of terms of performance guarantee for the construction of public and private improvements.

      4.   Acknowledgment that the City will take no responsibilities for any public improvements, including, without limitation, maintenance of any sort and repairs, unless and until all of the public improvements are properly dedicated in accordance with this Code. The Corporate Authorities may, in their sole and absolute discretion, take dedication of and assume responsibility for individual public improvements as may be requested in writing by the developer, subdivider, or resubdivider.

      5.   Method of satisfying the applicable requirements for dedicating, or contributing monies for the future acquisition or development of, public lands in accordance with Section 17.8015 of this Article.

      6.   A summary of the covenants, restrictions and easements necessary for the Subdivision or Development, including the responsibilities of a property owners’ association, if proposed.

      7.   Agreement to pay:

         a.   A fair and equitable share of all water, sanitary sewer, and storm sewer improvements developed in the area surrounding the property that benefit the property, as determined by the City Engineer;

         b.   All applicable park and school donations; and

         c.   Any other applicable costs, payments, permit fees or other fees attributable to the Subdivision or Development.

      8.   An acknowledgment by the owner, subdivider or developer that the City is not and will not be, in any way, liable for any damages or injuries that may be sustained as the result of the City’s review and approval of any plans for the property.

      9.   All other acknowledgments, indemnifications and hold harmless agreements as the Corporate Authorities may require.

      10.   All other provisions deemed necessary by the Corporate Authorities in order to fulfill the purpose and intent of this Code.

   I.   The Final Subdivision Plat: No person shall subdivide any parcel of land until a final subdivision plat shall have been reviewed by the Community Development Commission and reviewed and approved by the City Council as set forth herein.

      1.   Procedures for Reviewing the Final Subdivision Plat or Development Plan:

         a.   City Staff Review of the Final Subdivision Plat: Within five (5) business days after receipt of an application, the Development Administrator shall determine the completeness of the application and shall notify the applicant in writing that the application has or has not been accepted for review. If the application is determined to be incomplete the development administrator shall include in his written notice the reasons why the application is not complete and how the applicant can make the application acceptable for submission and distribution. Only upon receipt of a complete application shall the Development Administrator distribute copies of the application and supporting documents to such city staff, consultants, and outside agencies as deemed appropriate for review and comment concerning compliance with city development goals and requirements. Within fourteen (14) days of receipt of the complete application, the Development Administrator shall advise the applicant, in writing, that the final plat conforms or fails to conform to the requirements of this Article or the approved preliminary plat. If the final plat fails to conform, the Development Administrator shall specify with particularity the manner in which the final plat fails to satisfy city development goals and requirements.

         b.   Community Development Commission Review: Upon notification to the applicant that the final plat conforms to the requirements of this Article or the approved preliminary plat, the Community Development Commission shall place the matter on its next available agenda and serve notice upon the applicant of the time and place of its meeting at which said matter will be discussed. The Community Development Commission shall forward its written report to the City Council recommending approval or disapproval, of the final plat. If the recommendation is to disapprove, the report shall set forth the reasons for its disapproval, specifying with particularity the manner in which the final plat fails to satisfy city development goals and requirements.

         c.   Action By The City Council: After receiving the final recommendation of the Community Development Commission, the City Council shall approve or disapprove the final plat within sixty (60) days from the date of the final recommendation by the Community Development Commission unless the applicant and the City Council agree to extend the sixty (60) day period. If the final plat is disapproved, the resolution shall state the reasons for the disapproval, specifying with particularity the aspects in which the final plat or plan fails to satisfy city development goals and requirements.

         d.   City Record: A certified copy of the resolution approving or disapproving the final plat shall be filed in the office of the city manager attached to said final plat. The final subdivision plat or development plan, together with all covenants and restrictions shall be promptly recorded by the city manager with the DuPage County recorder’s office. A copy thereof, bearing the certificate of the recorder that the plat has been recorded in his office and that the copy is a true and correct copy of the plat so recorded shall be promptly thereafter filed in the city manager’s office. All recording fees shall be paid by the applicant.

      2.   Standards for Review of a Final Subdivision Plat: The Community Development Commission shall recommend approval and the City Council shall approve a final subdivision plat unless it makes written findings specifying the manner in which:

         a.   The design and layout of the subdivision does not conform to the provisions of this Article.

         b.   The applicant has not made adequate provision to install improvements required by the community development commission or city council under authority of this Article.

         c.   The final subdivision plat fails to comply with an approved preliminary plat.

         d.   The plat does not conform to the comprehensive plan, the official map, this article, city ordinances, or established planning policies of the city.

      3.   Contents of Final Subdivision Plat: Within one year after receiving preliminary subdivision plat approval by the city council, the applicant shall file with the development administrator a final plat in a quantity and form as required by the development administrator. The final plat may include all or only part of the approved preliminary subdivision plat. The final plat shall include the following:

         a.   General Information: The following general information, where applicable, shall be shown on the final plat:

            (1)   The date of preparation, north point, and a graphic scale. The scale of the drawing shall be no less than one inch equals two hundred feet (1" = 200') for areas over one hundred (100) acres and one inch equals one hundred feet (1" = 100') for areas under one hundred (100) acres. The final plat shall be drawn with a waterproof, nonfading black ink on mylar or equivalent drafting material no more than twenty four inches by thirty six inches (24" x 36") in size. When more than one sheet is used for any plat, each sheet must be numbered consecutively. A small scale drawing of the subdivision or development shall be shown on the first sheet, identifying portions of the subdivision according to its respective sheet number. The subdivider/developer shall provide the plat in a digital format acceptable to the city.

            (2)   Legal description of the parcel, the parcel’s acreage and property index numbers. The legal description should note that the parcel is in Wood Dale, Illinois.

            (3)   The name and address of the Illinois registered surveyor who prepared the plat with his seal affixed.

            (4)   Reference points of existing surveys identified and/or related to the plat by distances and bearing, and reference to a field book or map as follows:

               (A)   All stakes, monuments or other evidence found on the ground and used to determine the boundaries of the parcel.

               (B)   Adjoining corners of all adjoining parcels.

               (C)   When the city has established the centerline of the street adjacent or within the proposed parcel, the location of such centerline and monument found or reset shall be shown.

               (D)   All other monuments found or established in making the survey of the parcel or required to be installed by the provisions of this Article or by the Illinois Plat Act, 765 ILCS 205/0.01 et seq., as the same has been and may be amended from time to time.

               (E)   All property corners will be staked. A minimum of two (2) major corners of the subdivision shall be monumented with stone or concrete markers.

            (5)   Lot and block lines with dimensions, bearings or deflection angles, and radii, arcs, points of curvature and tangent bearings. Sufficient geometrical data shall be given for all lots to enable retracement and restoration of all corner positions in the field.

            (6)   All distances shall be shown to the nearest hundredth foot (0.01'). No ditto marks shall be used. Angles shall be expressed in degrees, minutes and seconds.

            (7)   The width of the portion of any streets being dedicated and the width of any existing rights of way, all shown each side of the centerline.

            (8)   All curve data shall consist of radius, degree of curve, tangent length, and central angle.

            (9)   All easements shall be denoted by fine dotted lines, clearly identified, and if already of record, the recorder’s references to such easement. The width of the easement, its length and bearing, and sufficient ties to locate it definitely with respect to the plat must be shown. If an easement is not precisely located of record, a description of such easement shall be included. If the easement is being dedicated by the map, it shall be properly referenced in the owner’s certificate for identification.

            (10)   Lot and block numbers beginning with the number one, and numbered consecutively.

            (11)   Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purpose indicated thereon, and of any area to be reserved by deed covenant for common use of all property owners.

            (12)   The name of each street shown on the plat.

            (13)   The name of the subdivision.

            (14)   Grantees of all lands dedicated for public use, except roads, shall be clearly noted.

            (15)   Abutting highway and road right of way lines and adjacent subdivisions shall be shown in their proper location.

            (16)   If the subdivision borders on a lake or stream, the distances and directions of a meander line established not less than twenty feet (20') back from the average high water mark of the lake or stream, as determined from flood hazard maps or other data, with said distances noted.

            (17)   All restrictions which will run with the land and covenants, or references to covenants where declared separately.

            (18)   Accompanying Certifications. The final subdivision plat must include an area or separate sheet for the following signatures and certifications:

               (A)   City Officials (in a form approved by the Corporate Authorities):

                  i.   Mayor: indicating the date of approval of the plat by the Mayor and City Council of the City of Wood Dale.

                  ii.   City Treasurer/Collector: indicating that there are no delinquent or current unpaid special assessments associated with the property.

                  iii.   City Engineer: indicating that the final engineering plans and specifications meet the minimum requirements of the City of Wood Dale.

                  iv.   Chairman of Community Development Commission: indicating the date of Community Development Commission recommendation regarding the final plat.

               (B)   State and County Officials (in a form prescribed by applicable laws or regulations):

                  i.   County Clerk: indicating that there are no delinquent or current unpaid special assessments or taxes associated with the property and that all applicable fees have been received.

                  ii.   Illinois Department of Transportation: if the property will have access onto a State Highway, indicating that such access is approved.

                  iii.   County Highway Department: if the property will have access onto a County Road or Highway, indicating that such access is approved.

                  iv.   Illinois Department of Transportation, Division of Water Resources: if the property proposes to subdivide any land bordering or including any public waters of the State of Illinois in which the State has any property rights or property interests, indicating the limits of the public interest in the property, if any.

               (C)   Professional Land Surveyor An Illinois Professional Land Surveyor must certify the following by signing and affixing his seal to the final plat of Subdivision:

                  i.   The property has been surveyed and subdivided in accordance with a specific legal description;

                  ii.   Certain monuments and iron pipes have been or are to be located on the property;

                  iii.   Location of the property in relation to City corporate boundaries, which has adopted an Official Comprehensive Plan; and

                  iv.   Location of property in relation to Special Flood Hazard Areas, as identified by the Federal Emergency Management Agency on the most recent Flood Insurance Rate map.

               (D)   Property Owner(s) and Mortgagee(s) All owners of the property and all mortgagees shall sign, as evidenced by the signature and seal of a notary public, that they consent to the subdivision of the property.

               (E)   Design Engineer and Property Owner If the subdivision and site development of the property will alter surface drainage patterns, the applicant’s design engineer will sign the plat and certify that the subdivision design adequately accounts for changes in the drainage of surface in accordance with the Illinois Plat Act, 765 ILCS 205/0.01 et seq., as the same has been and may be amended from time to time, and the requirements of the City Engineer or any standards and specifications manuals adopted by the City.

               (F)   Other Notations: Dedications and Restrictions. The final subdivision plat will also include statements, in a form approved by the Corporate Authorities, concerning the dedication of land or granting of easements, as shown on the final subdivision plat, and any restrictions related thereto.

         b.   Supporting Data: The following supporting data, where applicable, shall be supplied in separate statements or maps, or, if practical, may be shown on the final plat.

            (1)   A note on the plat stating that city ordinances supersede any private covenants and restrictions.

            (2)   A certificate signed and acknowledged by all parties having any interest in the land, dedicating all parcels of land intended for any public use.

            (3)   Letter of permission from the surveyor to record said plat or plan.

         c.   Guarantees: All engineering plan approval applications will include a proposed guarantee for the installation of required public and private improvements. The guarantee will comply with the requirements of Section 17.809 of this Code. (Ord. O-22-017, 5-19-2022)

   A.   Applications. Applications for minor subdivisions, as defined in this Article, will include all information required for final subdivision plats, as specified in Section 17.802.I. of this Article, except that a copy of the approved preliminary plat will not be required. Nothing in this Code will be interpreted to relieve an applicant for approval of a minor subdivision from the obligation to enter into agreements with applicable school and park districts, or other government agencies, in conformance with Section 17.8015 of this Article.

   B.   Filing of Application for Minor Subdivision Approval. The applicant shall file with the Development Administrator the application and proposed final minor subdivision plat in a quantity and form as required by the Development Administrator.

   C.   Review for Completeness The Development Administrator will conduct an initial review of the application and proposed plat for general completeness. Within ten (10) working days of the date of filing an application for minor subdivision approval, the applicant will be notified in writing as to whether the application has been accepted or deficiencies or inaccuracies have been identified in the initial review of the application materials that warrant rejection of the application. Applications deemed incomplete or inaccurate will not be accepted until the deficiencies identified have been properly addressed. In the event the application is not rejected within ten (10) working days after the date of filing the application, the application will be deemed incomplete and rejected.

   D.   Detailed Review of Minor Subdivision. The Development Administrator will review all proposed minor subdivision final plats for compliance with all applicable zoning and subdivision requirements. The findings of this review will be reported to the Community Development Commission in writing prior to its action on the proposed final minor subdivision plat.

   E.   Notice Requirements. The Community Development Commission review of an application for review of a minor subdivision will require public notice. The applicant must notify, in writing, by first class mail or hand delivery, all adjacent owners, including owners immediately across streets and rights-of-way, no less than 15 days, nor more than 30 days in advance of the scheduled community development commission meeting. The required notice for a minor subdivision must contain, at a minimum, the following information:

      1.   street address, legal description or detailed location description of the property, if any, that is the subject of the subdivision application;

      2.   brief statement describing the name of the subdivision and number of lots proposed;

      3.   name and address of the applicant;

      4.   name and address of the legal and beneficial owner of the subject property; and

      5.   date, time and location of the community development commission meeting.

      6.   At the community development commission meeting, the applicant will present an affidavit demonstrating that the above notice requirements have been satisfied.

      7.   When mailing the notice required by this Section 17.803.E., the use of the name and address on the most recent DuPage County real estate tax records will be deemed a satisfaction of this requirement.

   F.   Community Development Commission Review of Minor Subdivision. Within 45 days of the Development Administrator’s acceptance of the complete minor subdivision application, the Community Development Commission will hold a public meeting to review the application and make a recommendation to approve, approve with conditions or disapprove the proposed final subdivision plat for the minor Subdivision. The Community Development Commission review period may be extended by mutual consent of the Community Development Commission and applicant. The failure of the Community Development Commission to act within the time period specified in this Subsection will be deemed a recommendation for the approval of the minor Subdivision final plat.

   G.   City Council Action on Minor Subdivision Plat. The Community Development Commission will report to the City Council’s its recommendations concerning applications for minor subdivision approval. Within 30 days of the date of Community Development Commission recommendation on the application, the City Council, at a public meeting, will by resolution approve or deny the final minor subdivision plat, and all related agreements and approvals related thereto, including all applicable agreements with the school and park districts. In the event the final minor subdivision plat is denied by the city council, the applicant will be notified in writing of the reasons for such denial. The failure of the city council to act within the time period specified in this Subsection 17.803.G. will be deemed a decision to approve the minor subdivision final plat.

   H.   Recordation of Approved Plat. Following approval by the city council of a final minor subdivision plat, the city clerk will record of cause to be recorded the final minor subdivision plat in the DuPage County Recorder’s Office. All recording fees shall be paid by the applicant. (Ord. O-22-017, 5-19-2022)

In cases where an application is made to vacate any recorded plat of subdivision, or part thereof, prior to the sale of any lot in the subdivision, the City Council may, by resolution duly adopted, order the vacation of all or part of said subdivision. The City Council may, in its sole and absolute discretion, refer these applications to the Community Development Commission for a recommendation prior to action. When lots have been sold, the plat may only be vacated if all of the owners of lots in the plat join in the application. The applicant will be responsible for any and all costs and fees associated with plats of vacation. (Ord. O-22-017, 5-19-2022)

In cases where an application is made to consolidate existing lots of record, the City Council may, by resolution duly adopted, order the consolidation of the lots. The City Council may, in its sole and absolute discretion, refer these applications to the Community Development Commission for a recommendation prior to action. The applicant will be responsible for any and all costs and fees associated with plats of consolidation. (Ord. O-22-017, 5-19-2022)

In cases where an application is made to divide a property for the purpose of creating tax divisions, the City Council may, by resolution duly adopted, authorize such divisions. The City Council may, in its sole and absolute discretion, refer these applications to the Community Development Commission for a recommendation prior to action. The applicant will be responsible for any and all costs and fees associated with tax divisions. (Ord. O-22-017, 5-19-2022)

In cases where an application is made to dedicate easements or rights-of-way to the City, and the application does not involve a Subdivision, the City Council may, by resolution duly adopted, authorize the dedication. The City Council may, in its sole and absolute discretion, refer these applications to the Community Development Commission for a recommendation prior to action. Unless specifically waived by the City Council in approving the resolution, the applicant will be responsible for any and all costs and fees associated with plats of dedication. (Ord. O-22-017, 5-19-2022)

   A.   Purpose and Jurisdiction. The subdivision procedures of this Article will not be applicable to applications involving only a development. All standards for design, construction, installation and guarantees related thereto for public and private improvements set forth in this Code, the City Standards and Specifications Manual and all provisions of this Code relating to the design, construction and installation of any such improvements will, however, be applicable to such development applications. The owner of any such development will submit plans, specifications and calculations demonstrating compliance with all said public and private improvement regulations and provisions to the City Engineer, and the City Engineer will, upon finding that such plans demonstrate compliance, approve such plans evidencing that fact. No Development will be commenced unless approved by the City Engineer.

No building permit will be issued for construction of any building as part of a Development that has not been approved either as part of a subdivision or as a site plan, as required by this Code.

   B.   Filing of Application for Development Approval. The applicant shall file with the Development Administrator the development application materials in a quantity and form as required by the Development Administrator, or their designee, in accordance with Section 17.802.G. of this Article and Section 17.206 of this UDO.

   C.   Review for Completeness. The Development Administrator or their designee, will conduct an initial review of the application and proposed development plans for general completeness and consistency with City regulations. Within 10 working days of the date of filing an application, the applicant will be notified in writing as to whether the application has been accepted or if deficiencies or inaccuracies have been identified in the initial review of the application materials that warrant rejection of the application. Applications that are deemed incomplete or inaccurate will not be accepted until the deficiencies identified have been properly addressed. In the event the application is not accepted by the Corporate Authorities, or their designee, within ten (10) working days after the date of filing the application, the application will be deemed incomplete and rejected.

   D.   Action on Development Application. Following acceptance of a complete application, the development plan will be reviewed in accordance with the site plan review procedures in Section 17.206 of this UDO.

   E.   Initial Corporate Authorities’ Comment and Referral. Within 30 days of acceptance of a complete application, or any additional time to which the applicant may agree, the Corporate Authorities will, at a regular meeting or Committee of the Whole meeting, conduct a preliminary meeting with the applicant. The purpose of this preliminary meeting will be to broadly acquaint the Corporate Authorities with the applicant’s proposal and to provide the applicant with the initial views or concerns that members of the Corporate Authorities may have at an early stage in the development review process. Any views expressed in the course of the Corporate Authorities initial review of the development are advisory only, preliminary in nature, and the individual views of the member expressing them. Nothing said or done in the course of the review will create, or prejudice, any rights of the applicant or to obligate the Corporate Authorities, or any member of it, to approve or deny the formal application following full consideration thereof, as required by this Code.

   F.   Referral to Community Development Commission. The Corporate Authorities will refer development applications to the Community Development Commission for its consideration at a public meeting. Within 90-days of receipt of a development application from the Corporate Authorities, the Community Development Commission will recommend approval, approval with changes, or disapproval concerning a development plan. The Community Development Commission will review each development application in accordance with the standards for site plan review set forth in Section 17.206 of this UDO. The failure of the Community Development Commission to act within this 90-day period will be deemed a decision to recommend approval of a development application.

   G.   City Council Approval. Within 30-days of receipt of a community development commission recommendation on a development application, the City Council, by resolution duly adopted, will approve, approve with changes, or disapprove a development application. In the event that a development application is disapproved, the City Council will provide written reasons for disapproval to the applicant and the applicant will have 45-days to seek reconsideration from the City Council without having to file a new development application. In the event that the applicant files after 45-days, the applicant will be required to file a new development application.

   H.   City Engineer Action on Final Engineering Plans. If the proposed development involves engineering plan approval, the Corporate Authorities will promptly forward these development applications to the City Engineer for review. The City Engineer will review engineering plans in accordance with the procedures established in Section 17.802.G. No engineering plans will be approved unless and until the development application has been approved.

   I.   Corporate Authorities Action on Development Agreement. Following the City Engineer approval of the engineering plans, if required, the Corporate Authorities will promptly review the Development Agreement and proposed performance guarantee. (Ord. O-22-017, 5-19-2022)

   A.   Performances Guarantee Required: Before commencing any construction work for any subdivision or development the owner, developer or subdivider, as the case may be, will select, obtain and submit a performance guarantee for the proper installation of public and private improvements to the City Engineer for approval and acceptance in accordance with this Section.

   B.   Improvements to be Guaranteed. The owner, developer or subdivider will submit a guarantee for the following improvements, as deemed necessary by the City Engineer:

      1.   Permanent subdivision monuments and lot corner markers.

      2.   Transportation system improvements, including:

         a.   Public and private streets, and all related frontage and intersection improvements;

         b.   Street lights;

         c.   Parkway tree plantings;

         d.   Street signs, signals and apparatus;

         e.   Public and private sidewalks, trails and bike paths;

         f.   Other traffic-related improvements contemplated as part of the Subdivision or Development.

      3.   Environmental protection and site preparation measures, including:

         a.   Grading and related site preparation work, including tree protection, and the value of trees required to be protected or preserved under this Code;

         b.   Erosion and sediment controls during the various phases of site development (including site and lot grading, construction entrances, diversion dikes, silt fences, sediment traps, seeding and site stabilization);

         c.   Protection and preservation measures for wetlands and other natural areas; and

         d.   Other special environmental protection measures which are a component of the final engineering plans.

      4.   Public utility systems, including:

         a.   Public and private storm sewer system (pipes, inlets, manholes, swales, detention ponds, and all related structures and apparatus);

         b.   Public water system (pipes, valves, fire hydrants and related system improvements); and

         c.   Sanitary sewer system (pipes, manholes, lift stations and related system improvements).

      5.   Common facilities which are contemplated as part of the subdivision or development specified in the final engineering plans.

      6.   Other public and private improvements specified in the approved engineering plans or otherwise required by other City standards and specifications for public improvements.

   C.   Amount of Performance Guarantee. The applicant must submit to the City Engineer estimates for the cost of construction for public and private improvements contemplated in the approved engineering plan. The City Engineer will review such estimates and, if acceptable, approve the amount of the performance guarantee. The amount of the performance guarantee will be based upon the amounts specified in the master fee schedule for the estimated construction cost of all public improvements and for the performance of all other obligations which may be secured to be approved by the City Engineer.

   D.   Terms of Performance Guarantee. Performance guarantees shall be in a form approved by the Corporate Authorities and shall specify the terms and conditions noted below.

      1.   The guarantee shall have an expiration date not less than three months beyond the date specified in the approved subdivision or development agreement.

      2.   Not less than 30 days prior to the expiration of such guarantee, the Corporate Authorities shall be given written notice by means of first class mail, indicating that such guarantee is to expire. No guarantee shall expire absent such notice.

      3.   Failure of the owner, subdivider or developer to install such guaranteed improvements prior to the scheduled completion date, as specified in the approved site development schedule, shall be considered a default by the owner, subdivider or developer and the issuing institution.

      4.   The guarantee shall only be released or reduced by the issuing institution upon written certification by the City Engineer or designee stating:

         a.   that said guarantee may be released or reduced in accordance with this Section, and

         b.   the amount of such discharge or reduction.

      5.   If at any time the City determines that the institution issuing the guarantee is without adequate capital, assets, earnings and liquidity or is unable to meet any federal or state requirement for reserves, is insolvent, is in danger of becoming any of the foregoing, or is otherwise in danger of being unable to honor such guarantee at any time during its term, or if the City otherwise reasonably deems itself to be insecure, then the City shall have the right to demand that the owner, subdivider or developer provide a replacement guarantee from an institution satisfactory to the City. Such replacement guarantee shall be deposited with the City not later than 10 days following such demand.

      6.   If the owner, subdivider or developer fails or refuses to complete the construction of the public and private improvements covered by the guarantee or fails or refuses to correct any defect or deficiency in such improvements upon request by the City, or in any other manner fails or refuses to meet fully any of its obligations under the guarantee or the applicable subdivision or development agreement, then the City may, in its sole and absolute discretion, retain all or any part of the guarantee. The City thereafter shall have the right to exercise any other action it deems reasonable and appropriate to mitigate the effects of such failure or refusal, and to reimburse itself from the proceeds of the guarantee for all of its costs and expenses, including legal fees and administrative expenses. If the funds remaining in the guarantee are insufficient to repay fully the City for all such costs and expenses, and to maintain a cash reserve equal to the required guarantee during the entire time of such costs and expenses, and to maintain a cash reserve equal to the required guarantee during the entire time such guarantee should have been maintained, then the owner, subdivider or developer shall, upon demand of the City therefor, immediately deposit with the City such additional funds as the City determines necessary.

   E.   Types of Performance Guarantees: Performance guarantees for the installation of public and private improvements shall be in a form approved by the Corporate Authorities. The following types of performance guarantee are acceptable, provided they are consistent with the regulations below.

      1.   Cash Escrow. A cash deposit may be used as a guarantee, provided the total amount of the guarantee required is placed with the Corporate Authorities and administered in accordance with the provisions of the subdivision or development agreement.

      2.   Irrevocable Letter of Credit and Cash. An irrevocable letter of credit may be used as a guarantee, provided such letter of credit is issued by a financial institution approved by the Corporate Authorities, the administration of such letter of credit conforms to the terms of the subdivision or development agreement, and the letter of credit is accompanied by a cash deposit in an amount not less than ten percent (10%) of the total guarantee amount. The cash deposit shall, at all times until released, as provided herein, be maintained at not less than ten percent (10%) of the initial total guarantee amount. The financial institution issuing the irrevocable letter of credit shall be:

         a.   Insured by the Federal Depository Insurance Corporation or Federal Savings and Loan Insurance Corporation;

         b.   Chartered in the State of Illinois or have a registered agent in Illinois; and

         c.   Have adequate capital, assets, earnings and liquidity to ensure the financial soundness of the issuing institution, as determined by the Corporate Authorities.

      3.   Surety Bond. A surety bond may be used as a guarantee, provided the surety bond is issued by a surety company having an AM Best rating of at least A- and approved by the Corporate Authorities, and the administration of the surety bond conforms to the terms of the subdivision or development agreement. The Corporate Authorities with the recommendation of the City Engineer may require that the surety bond be accompanied by a cash deposit in an amount not less than twenty percent (20%) of the total guarantee amount.

   F.   Compliance with Engineering Plans: All public and private improvements to be installed pursuant to an approved engineering plan will be supervised and inspected during the course of construction by the City Engineer or other qualified and authorized employees of the City in order to ensure compliance with the approved engineering plans and any standards and specifications manuals the City may adopt.

   G.   Reductions: The owner, subdivider, or developer may make a written request to the City Engineer to partially reduce the amount of the approved performance guarantee. The City Engineer is authorized to approve a partial reduction in the amount of the performance guarantee, provided:

      1.   There are no more than three (3) partial reductions approved in the amount of the performance guarantee during the life of the subdivision or development;

      2.   Partial reductions will only be authorized following the acceptable completion of the following improvements:

         a.   All underground storm drainage, sanitary sewer and water supply systems have been properly installed and all erosion and sediment controls are operational;

         b.   All curb, gutter, sidewalk and base course paving for public and private streets have been properly constructed; and

         c.   All lots have been graded and all storm detention facilities are operational.

         d.   The inspection reports for the subdivision or development evidence acceptable completion of the above;

         e.   The amount of a partial reduction cannot exceed seventy-five percent (75%) of the estimated cost to construct such improvements;

         f.   In no event will the amount of the performance guarantee be reduced to a level that, in the sole and absolute opinion of the City Engineer, would not allow the City to complete the installation of public and private improvements associated with the subdivision or development; and

         g.   In no event will any portion of the cash deposit be reduced prior to final release of the performance guarantee.

   H.   Extensions or Replacements: The owner, subdivider, or developer may make a formal request to the City Engineer to extend the expiration date of an approved performance guarantee or to replace the type of performance guarantee held by the City. The City Engineer may require the submission of reasonable fees for these requests.

      1.   In the event of a formal request to extend the expiration date of a performance guarantee and the related agreement, the applicant will:

         a.   Indicate the reasons and conditions which have inhibited him from completing the required improvements;

         b.   Present a summary of the progress made in installing the required improvements and a proposed schedule and cost estimate for the completion of all remaining improvements; and

         c.   Present a revised performance guarantee, in compliance with the standards of this Section 17.809, and a related agreement.

         d.   Any extension requires the approval, by resolution, of the City Council. Extensions may be granted for a period not to exceed one (1) year.

      2.   Replacement of Performance Guarantees. Requests for replacement guarantees will be reviewed in accordance with the standards and procedures for the original guarantee.

   I.   Acceptance of Public Improvements: Public improvements will not be considered accepted by the City unless and until each of the following reviews and actions have been successfully performed:

      1.   Filing with the City Engineer or Public Works Director a formal written request to accept the improvements by the owner, subdivider, or developer;

      2.   Certification by the City Engineer or Public Works Director that all, or specific individual, public improvements required to be constructed or installed have been fully, or individually, completed in accordance with all applicable plans and specifications, and that the inspected construction or installation thereof has been approved;

      3.   Submission by the applicant of all appropriate as-built drawings of improvements, as required by the City Engineer and any standards and specifications manual the City may adopt;

      4.   All appropriate City code enforcement complaints have been resolved to the satisfaction of the Corporate Authorities;

      5.   All necessary maintenance guarantees have been received and approved by the City Engineer; and

      6.   The adoption by the City Council of a resolution, officially accepting the improvements and releasing the applicable performance guarantee on behalf of the City.

   J.   Release of Performance Guarantee. Following the City’s acceptance of all public improvements and the City Engineer or Public Works Director’s certification that all public and private improvements included in the guarantee have been 100 percent completed to the satisfaction of the City Engineer or Public Works Director, and all other requirements of this Article have been completed to the satisfaction of the Corporate Authorities, the Corporate Authorities will release or direct the City Engineer to release the guarantee.

   K.   Maintenance Agreement and Guarantee.

      1.   Prior to the acceptance of required public improvements by the City, the subdivider or developer must execute a maintenance agreement for the repair or replacement of defective materials and workmanship for a period of time extending one (1) year from the effective date of City acceptance of such improvements. A maintenance guarantee will be submitted with the maintenance agreement. The amount of the maintenance guarantee shall not be less than ten percent (10%) of the total amount of the initial performance guarantee for the Subdivision or Development, as established pursuant to Section 17.809.C. The City Engineer or Public Works Director is authorized to execute maintenance agreements on behalf of the City following City Council acceptance of the improvements.

      2.   If, after one (1) year, no defects in workmanship or materials have developed, the maintenance guarantee will be released by the City Engineer or Public Works Director. In the event any defects are identified by the City Engineer or Public Works Director during the term of the maintenance guarantee, the balance of the guarantee will be released only after: (a) the City has been fully reimbursed for amounts expended in correcting defective improvements, or (b) the subdivider or developer has successfully repaired all defects to the satisfaction of the City Engineer or Public Works Director. (Ord. O-22-017, 5-19-2022)

   A.   Upon application to the Development Administrator and payment of applicable fees, modifications of the provisions of this Article may be granted, unless otherwise expressly prohibited by this Article, by City Council after first being reviewed by the Community Development Commission.

   B.   Statement of Justification. In applying for modifications of the provisions of this Article, the applicant must demonstrate in writing that:

      1.   The requested modifications are in keeping with the overall purpose and intent of this Article and Code;

      2.   The granting of the modifications will not be to the detriment of adjacent properties;

      3.   The granting of the modifications will not be contrary to the public health, safety and general welfare; and

      4.   The situation of the applicant is not of a general or recurring nature for similarly situated properties within the City or its jurisdiction.

   C.   Limitations on Modifications. No modification granted pursuant to this Section will relieve the applicant, subdivider or developer from complying with any other applicable local, state or federal regulations.

   D.   Conditions May Be Imposed. In authorizing a modification, the Community Development Commission may recommend and the City Council may impose such conditions regarding the location, character and other features of the proposed Subdivision or Development as it may, in its sole and absolute discretion, deem necessary in the public interest, and may require the posting of a performance guarantee to insure compliance with the conditions imposed.

   E.   Procedure for Review of Modification Requests. Applications for modifications of the provisions of this Article will be reviewed concurrently with the related Subdivision or Development application, except when such applications require:

      1.   An initial review of the request by the City Council prior to forwarding the request to the Community Development Commission; and

      2.   A duly noticed public hearing conducted by the Community Development Commission. (Ord. O-22-017, 5-19-2022)

This Article may be amended from time to time by the City Council, upon adoption of an Ordinance duly adopted; provided, however, no public hearing will be required prior to the adoption of such Ordinance. Amendments to the Code may be proposed by parties other than the City Council or Community Development Commission; however, all such applications will be subject to the fees, as may be established, by the City of Wood Dale. (Ord. O-22-017, 5-19-2022)

   A.   Subdivisions.

      1.   No owner or agent of the owner of any parcel of land located in a proposed Subdivision will transfer or sell such parcel before a plat of said Subdivision has been approved by the City Council and filed with the DuPage County Recorder of Deeds.

      2.   The division of any lot or any parcel of lands by the use of metes and bounds description, for the purpose of sale, transfer or lease will be subject to all of the requirements and regulations contained in this Article.

      3.   No Building Permit will be issued for the construction of any building located on a lot, plot, parcel or division which is subdivided or sold in violation of the regulations of this Article.

      4.   No plat of Subdivision will be approved that does not comply with all applicable provisions of this Article.

   B.   Development.

      1.   The Subdivision procedures of this Article will not be applicable to applications involving only a Development, as defined in this Article. All standards for design, construction, installation and guarantees related thereto for public and private improvements set forth in this Article, the City Standards and Specifications Manual and all provisions of the this Code relating to the design, construction and installation of any such improvements will, however, be applicable to such Development applications. The owner of any such Development will submit plans, specifications and calculations demonstrating compliance with all said public and private improvement regulations and provisions to the City Engineer, and the City Engineer will, upon finding that such plans demonstrate compliance, approve such plans evidencing that fact. No Development will be commenced unless approved by the City Engineer.

      2.   No building permit will be issued for construction of any building as part of a Development that has not been approved either as part of a Subdivision or as a Site Plan, as required by Section 17.206 of this UDO. (Ord. O-22-017, 5-19-2022)

In addition to any penalties involving the Subdivision or Development of land established in applicable state and federal regulations, the City may seek the prosecution of any person who violates any of the provisions of this Article, or agreements related thereto. Each day such violation exists will constitute a separate offense and will be subject to all applicable City fines and penalties. (Ord. O-22-017, 5-19-2022)

Reasonable fees, sufficient to cover costs incurred by the City in reviewing Subdivision and Development applications, will be paid at the time of such application will be paid in accordance with this Section 17.8014 and the Master Fee Schedule.

   A.   Non-Refundable Fee and Escrow Deposit. Non-refundable fees and escrow deposits are established from time to time. The fees will be submitted to the Corporate Authorities at the time of application. The escrow deposit for such purposes will apply to proposed Subdivisions, re-subdivisions, or Developments of property within the jurisdictional control of the City.

   B.   Recoverable Expenses. From the date of filing an application for Subdivision or Development, as authorized in this Article, the Corporate Authorities will maintain accurate records of all expenses incurred by the City in reviewing and acting upon applications. Expenses incurred by the City will be reimbursed by the applicant. Reimbursable expenses may include, but are not limited to:

      1.   Legal notice in newspaper;

      2.   Community Development Commission secretarial services;

      3.   City staff time for application review;

      4.   City Attorney fees;

      5.   Document preparation and review;

      6.   Professional and technical consultant services;

      7.   Copy reproduction; and

      8.   Document recording.

   C.   Deposit Settlement: Prior to the final approval of a Subdivision or Development application, the Corporate Authorities will detail all applicable expenses involved in reviewing the application and require the payment of any additional monies prior to final action on the application. In the event monies remain, after accounting for applicable recoverable expenses, the Corporate Authorities will refund the balance of the escrow deposit to the applicant. The refund check will be accompanied by a statement of expenses incurred. No interest will be paid on the escrow deposit. (Ord. O-22-017, 5-19-2022)

   A.   Parks And School Sites: The Community Development Commission may recommend and the City Council may require each subdivider/developer to dedicate land for park and recreational purposes and land for school sites, to serve the immediate and future needs of the residents of the parcel, to make a cash contribution in lieu of actual land dedication, or to provide a combination of both at the option of the City. Such dedication is necessary to ensure proper provision of park and school sites for persons who are expected to reside within the subdivision or development, which sites would otherwise have to be acquired at the expense of the general public, but whose utility would generally be limited to residents of the parcel.

   B.   Public Land Dedication and Contribution Standards:

      1.   General Requirement.

         a.   Condition of Subdivision or Final Subdivision Plat Approval. As a condition of approval of a Subdivision, or of a Final Subdivision Plat, located, entirely or in part, within a residential district, or is, or is intended to be, used, entirely or in part, for residential purposes, the Applicant will be required to dedicate land for park and recreational purposes and for school sites to serve the immediate and future needs of the residents of the proposed Subdivision, or to agree to the payment of a cash contribution in lieu of actual land dedication, or to provide a combination of land and cash contributions, at the option of the City, in accordance with this Subsection 17.701.B.1.

         b.   Condition of Occupancy Permit. No occupancy permit will be issued by the City until (a) the dedications described in Subsections 17.8015.B.2. and 17.8015.B.3. of this Article have been made, or (b) the applicable school district and park district deliver to the Corporate Authorities a written acknowledgment that each has received the cash contribution described in Subsection 17.8015.C. of this Article.

         c.   Applicability to All Subdivisions. As provided in Section 17.801.G. of this Article, the term Subdivision as used throughout this Section 17.8015, will have the meaning as set forth in Section 17.103 of this UDO and that includes, without limitation, planned developments and developments, as these terms are defined in this UDO.

         d.   Applicability to Subdivisions with Existing Residential Dwelling Units. The calculation of the required dedication of land, or cash contribution in lieu thereof, will be adjusted with respect to any new subdivision of land on which there exists, at the time of submission to the City of an application for Subdivision approval, one or more residential dwelling units. Such adjustment will allow for the ultimate population density for the new Subdivision to be reduced, proportionately, based on such existing dwelling units, irrespective of whether the existing dwelling units will remain in existence after approval of the new Subdivision, or will be replaced by new dwelling units.

         e.   Density Formula. Population Table. The Table of Estimated Ultimate Population Per Dwelling Unit, set forth in Table 8-1 below, will be used as provided in this Subsection 17.8015 to calculate the required dedication of land for park and recreational or school site purposes or for cash contributions in lieu thereof, unless a written objection thereto is filed by the Applicant with the Corporate Authorities pursuant to Section 17.8015.B.1.f.(2).

 

         f.   Presumed Density Formula.

            (1)   In applying Table 8.1 to a proposed Subdivision for which the types of units and number of bedrooms cannot reasonably be determined from the data and materials on file with the City, the following types of units and bedroom data will be used, unless a written objection thereto is filed by the Applicant with the Corporate Authorities pursuant to this Article.

 

 

            (2)   Objection to Density Formulae. If the Applicant files a written objection with the Corporate Authorities to the use of Table 8-1 or the presumed density formula set forth in Subsection 17.8015.B.1.f.(1), the Applicant will submit, at the Applicants sole cost and expense, a thorough and comprehensive demographic study showing the estimated population to be generated by the proposed Subdivision. The Corporate Authorities will make the final determination as to the density formula and estimated population that will apply to the proposed Subdivision. This determination will be based on the demographic study submitted by the Applicant and all other facts and circumstances relevant to the issue as determined and required by the Corporate Authorities. Nothing in this Section 17.8015.B.1.f.(2) will be construed as limiting or preventing the Corporate Authorities from utilizing Table 8-1 or the presumed density formula set forth in Subsection 17.8015.B.1.f.(1) for any proposed Subdivision.

      2.   Criteria for Park Land Dedication.

         a.   Calculation of Land Required to be Dedicated. The amount of land required to be dedicated for park and recreational purposes for a proposed Subdivision will be a direct function of the ultimate population density of that Subdivision. The requirement will be based on a standard of five (5) acres of land per 1,000 ultimate population, computed in accordance with Table 8-1 of this Section 17.8015.B.2.a.

         b.   Location of Land to be Dedicated. The location of the land to be dedicated for park and recreational purposes for the proposed Subdivision pursuant to this Section 17.8015.B.2.b. will be determined by the City Council. The determination will be based on such factors as the City Council deems appropriate, including, without limitation, the availability of land, the suitability of any particular land for park and recreational purposes as opposed to use for other development, the location of the land relative to population concentrations, and the proximity of the land to other park or recreational lands.

         c.   Minimum Size of Dedicated Land. The minimum size of any land to be dedicated for park and recreational purposes will be 87,120 square feet, and no dimension will be less than 100 feet; provided, however, that the City Council may approve dedications of a smaller size or dimension when required by the specific plans of the proposed Subdivision and when the usefulness of the smaller area for park and recreational purposes is clearly demonstrated.

         d.   On-Site Storage Prohibited. No materials, including, without limitation, top soil or other soil materials, can be stored on any land that has been dedicated, or that has been designated for dedication, to the City for park or recreational purposes pursuant to this Subsection 17.8015.B.2.

         e.   Detention and Retention Areas Not Qualified; Secondary Use. Storm water detention or retention area will not qualify as land suitable for dedication for park and recreational purposes, unless the suitability of such land for park and recreational purposes as a secondary use is clearly demonstrated to the satisfaction of the City Council.

      3.   Criteria for School Site Land Dedication.

         a.   Calculation of Land Required to be Dedicated. The amount of land required to be dedicated for school sites for a proposed Subdivision will be a direct function of the ultimate number of students to be generated by the Subdivision. The school site land dedication requirement will be determined in accordance with the following equation:

Number of children from proposed Subdivision to be served in each school classification

(computed in accordance with Table ___)

divided by:

Maximum number of students to be served in each such school classification

(as stated in Subparagraph 17.8015.B.3.b. of this Article)

multiplied by:

Minimum number of acres for each school site for each school classification

(as stated in Subparagraph 17.8015.B.3.b of this Article)

The product of such calculation shall be the minimum acreage of land necessary for school sites to serve the children in the proposed Subdivision.

         b.   School Classifications; Land Required. School classifications and the required minimum size of new school sites within the City shall be determined in accordance with the following criteria:

 

 

         c.   Location of Land to be Dedicated. The location of each school site will be determined by the Corporate Authorities. The City’s official Comprehensive Plan and the standards adopted by the affected school district will be used as guidelines in locating school sites.

         d.   On-Site Storage Prohibited. No materials, including, without limitation, top soil or other soil materials, can be stored on any land that has been dedicated, or that has been designated for dedication, to the City for school site purposes pursuant to this Section 17.8015.B.3.

         e.   Detention and Retention Areas Not Qualified. No storm water detention or retention area will qualify as land suitable for dedication for a school site, unless the suitability of such land for such school site as a secondary use is clearly demonstrated to the satisfaction of the Corporate Authorities.

   C.   Criteria for Payment In Lieu of Land Dedication.

      1.   General Qualification. In the event that a proposed Subdivision is small and the resulting required land dedication is too small, in the determination of the Corporate Authorities, to be practical, or when the Corporate Authorities find that the available land is inappropriate for park and recreational purposes or for a school site, then the City has the authority to require the Applicant to pay a cash contribution in lieu of the otherwise required land dedications, in accordance with the standards of this Subsection 17.8015.C.

      2.   Definition of Fair Market Value. The cash contributions in lieu of land will be based on the fair market value of the acres of land in the proposed Subdivision, as determined by the Corporate Authorities based on the value of improved land in and surrounding the City. The fair market value figure will be established from time to time and will be used in making any calculation required by this Subsection 17.8015.C., unless the Applicant or other affected party files an objection pursuant to Subsection 17.8015.C.3. The Corporate Authorities may periodically, but no less frequently than annually, survey surrounding communities, conduct discussions with the applicable Township Assessors office, affected school districts, and other interested parties, and report findings of such surveys and communications to the City Council with respect to the continued adequacy and reasonableness of the City’s determination of fair market value.

      3.   Objection to Fair Market Value Determination. If the Applicant or any other affected person files a written objection with the Corporate Authorities to the fair market value as established pursuant to Subsection 17.8015.C.2., the applicant or other affected person must submit, at their sole cost and expense, a written appraisal professionally prepared by a Member of the Appraisal Institute of America (M.A.I.). The appraisal must show the fair market value of improved land in the area of the proposed Subdivision. Upon receipt of an objection to the fair market value for school property, the Corporate Authorities will deliver or cause to be delivered the appraisal to the applicable school district. The applicable school district will have the right, but not the obligation, within 30 days after receipt of the objection to make a recommendation regarding the disposition of the objection. The City Council must make the final determination, by resolution duly adopted, as to the fair market value of improved land based on the appraisal and other information submitted by the applicant or other affected person, the recommendations, if any, received from the school district, and all other facts and circumstances relevant to the issue as determined and required by the City Council. Nothing in this Section 17.8015.C.3. will be construed as limiting or preventing the City Council from utilizing the fair market value as established in Subsection 17.8015.C.2. of this Article for any proposed Subdivision. In the event that the objection is for the fair market value for park land, the Corporate Authorities will examine the applicant’s objection, appraisal and other information submitted by the applicant or other affected person. The City Council, by resolution duly adopted, will make a decision within 30 days after receipt of an objection.

      4.   Disposition of Cash Contributions.

         a.   Cash contributions in lieu of park land dedications will be paid directly to the applicable park district or districts, as the case may be, solely for use in the acquisition of land for acquisition of park and recreational land to serve the immediate or future needs of the residents of the proposed Subdivision or for the improvement of other existing park and recreational sites.

         b.   Cash contributions in lieu of school site land dedications shall be paid directly to the applicable school district or districts, as the case may be, solely for use in the acquisition of land for a school site to serve the immediate or future needs of students from the proposed Subdivision or for the improvement to any existing school site already serving such needs.

         c.   All cash contributions made pursuant to this Subsection 17.8015.C. will be held in trust by the school or park district to which the cash contributions are paid and will be kept separate from all other funds and will be accounted for in the appropriate manner.

         d.   Refund of Cash Contributions. If any portion of a cash contribution in lieu of a park land dedication, or a cash contribution in lieu of a school site land dedication, as the case may be, is not expended for the purposes set forth herein within seven years after the date of receipt of such contribution, then that cash contribution will be refunded to the applicant who made the contribution, or its successor or assign.

   D.   Criteria for Combination Land Dedication and Cash Payment. A combination of land dedication and cash contribution in lieu of land dedication may be required when appropriate as determined by the Corporate Authorities, including, without limitation, in the following two circumstances:

      1.   Inadequate Land. The proposed Subdivision has some but not enough adequate land to meet the dedication requirements of this Section 17.8015.B.2. and Section 17.8015.B.3. That portion of the land within the proposed Subdivision that is adequate for park land or a school site will be dedicated as required under Section 17.8015.B.2. and Section 17.8015.B.3., and a cash contribution will be required for any additional land that otherwise would have been dedicated pursuant to this Section 17.8015.C.

      2.   Previous Acquisition. If a major part of the local park or recreational site or school site has already been acquired, and only a small parcel of land is needed from the proposed Subdivision to complete the site. A local park, recreation or school parcel will be acquired by dedication, and a cash contribution will be required for any additional land that otherwise would have been dedicated pursuant to this Section 17.8015.

   E.   Combining with Adjoining Subdivisions. For proposed Subdivisions of five acres or less, the otherwise applicable park and recreational land dedication or school site land dedication may be combined, where practical as determined by the Corporate Authorities, with dedications for the same purposes from adjoining subdivisions or developments to produce usable park or recreational areas or school sites.

   F.   Topography and Grading. The slope, topography, and geology of a site to be dedicated pursuant to this Subsection 17.8015, as well as its surroundings, must be suitable for the intended purpose of the site. Grading on dedicated land must not differ greatly from surrounding land. No removal of existing topsoil will be permitted.

   G.   Improved Sites. All sites must be dedicated in a condition ready for full service of electrical, telecommunications, gas, water, sewer and streets (including curb and gutter and enclosed drainage), as applicable to the location of the site.

   H.   Dedication as Condition of Approval of Final Subdivision Plat. Approval of any Final Subdivision Plat shall be conditioned on the dedication of land, or cash donations in lieu thereof, as required by this Subsection. When a Subdivision is to be developed over a period of years, dedication of required land may be made after completion of a portion of the Subdivision provided that an escrow fund satisfactory to the City has been established to guarantee the conveyance of land after completion of such portion of the Subdivision.

   I.   Title to Dedicated Park Land and School Sites.

      1.   General Requirement. All sites to be dedicated pursuant to this Subsection 17.8015 must be conveyed to the City either by warranty or trustees’ deed, or another form of conveyance as the City may require. The Applicant will be responsible for payment of all real estate taxes to the date of conveyance. In the discretion of the City, a commitment for title insurance issued by a company authorized to do business in Illinois may be required as evidence of clear title.

      2.   Park Land. Conveyance of park land dedications will occur only after or simultaneously with the passage of an ordinance or resolution by the park district that indicates the land will be accepted by the district for park purposes. Immediately thereafter, the City will convey the site to the district.

      3.   School Sites. Conveyance of school sites will occur only after or simultaneously with the passage of an ordinance or resolution by the school district that indicates the site will be accepted by the district for school purposes. Immediately thereafter, the City will convey the site to the district.

   J.   Remedies.

      1.   Intergovernmental Agreement. All school and park districts serving the City that are eligible to receive school or park sites or cash in lieu of such sites will be required, as a condition of receiving the dedications or donations, to enter into a binding, written intergovernmental agreement with the City, acceptable in form and content to the City Attorney, providing for the indemnification and holding harmless of the City from any loss, claims and causes of actions of every kind that may be incurred by the City as a result, either directly or indirectly, of the enactment of this \Section 17.8015, or the administration or enforcement thereof, including any loss, claims, or causes of action incurred as a result of a lawsuit brought or threatened by the school or park district. The intergovernmental agreement will provide that if the City is sued by any applicant, subdivider, or developer as a result, directly or indirectly, of the enactment of this Section 17.8015, the City may, at its option, undertake its own defense, and the City’s costs and expenses related thereto, including attorneys’ fees, will be immediately reimbursed by the affected school or park district.

      2.   Improper Use of Funds. In the event that a school or park district improperly uses funds or fails to use funds and does not return the funds as specified in this Section 17.8015, the City may sue the affected school district and will be entitled to recover as a part of the judgment therein, or any settlement thereof, all costs and expenses, including attorneys’ fees, incurred by the City.

      3.   Implied Conditions. Unless otherwise specifically provided, the provisions of this Section 17.8015 will be an implied condition of every intergovernmental agreement entered into pursuant to this Subsection 17.8015. (Ord. O-22-017, 5-19-2022; amd. Ord. O-22-030, 11-17-2022)