§ 16.12.140. Final plat procedures.  


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  • Every person who proposes to subdivide any land within the City's jurisdiction shall comply with the procedural and substantive provisions of the subsections below; except, that said requirements shall not be applicable to land that is specifically exempted from such requirements under subsections (b)1, (b)2, (b)3, (b)4, (b)5, (b)6, (b)7, (b)8, and (b)9 of "An Act to Revise the Law in Relation to Plats" contained in Illinois Revised Statutes, Chapter 109, Section 1, and as the said subsections may be amended. The City specifically does not adopt the last unnumbered paragraph of Section 1 thereof that was enacted by P.A. 83-627 and P.A. 83-634 permitting counties to adopt two (2) acres instead of five (5) acres as the standard for requirement plat approval. A "Final Plat Check List", as exhibited in Appendix D, shall be submitted with the final plat. As an alternate to providing plans for sanitary sewer lines as a prerequisite to approval of a final plat, in cases where sanitary sewers are not available and individual sewage systems are being utilized, a written approval from Madison County shall be required indicating that they have given general approval to the individual sewage system plan proposed by the subdivider.

    The final plat shall be filed with the Community Development Director. The final plat shall include all plans and specifications and such other documents as may be necessary concerning the form of guarantee or performance bond to be used.

    If there are no changes in the plat from the preliminary approval stage to the final plat request, the Planning Commission need not take action on the final plat. The Community Development Director will inform the Planning Commission at their regularly scheduled meetings, either orally or in writing, of any final plats that will be reported to the City Council.

    The Planning Commission will review and report on the final plat under the following conditions:

    A.

    There has been a substantial change made from the preliminary plat to the final plat as notified to the Commission by the Community Development Director.

    B.

    The Mayor or City Council requests that the Planning Commission review a particular final plat.

    C.

    The developer requests the Planning Commission to review the final plat. However, he must waive normal time restrictions for final plat approval.

    If the Planning Commission reviews the final plat, it shall do so within forty-five (45) days from the date of application, or the filing by the subdivider of the last item of required supporting data, whichever date is later, provided that such date of application and/or filing is not less than thirty (30) days prior to a regularly scheduled meeting of the Planning Commission, otherwise the Commission shall review the final plat within sixty (60) days from the date of application and/or filing, unless such time is extended by written mutual consent, and shall determine whether the final plat shall be approved as submitted; shall be approved subject to certain conditions or modifications; or shall be disapproved. If action is not taken by the Planning Commission within sixty (60) days, then the application proceeds to the City Council without a recommendation from the Planning Commission.

    Where there is no change in the plat from the preliminary to the final stage, the Community Development Director shall review the final plat and plans and transmit his report of findings and recommendations to the City Council within thirty (30) days of the filing date of the final plat. The action of the Community Development Director, whether approval or disapproval of the final plat as well as the date of said action, shall be noted in writing and attached to the final plat. If the final plat is disapproved, the reasons why should be so stated. If the Community Development Director fails to act within the said thirty-day time limit, the plat shall be deemed to be approved by the Community Development Director.

    The City Council shall take action on the final plat within sixty (60) days from the date of the Planning Commission recommendation (or Community Development Director recommendation if not reviewed by the Planning Commission) unless such time is extended by written mutual consent.

    If the final plat is disapproved by the City Council, the reasons for such action shall be noted in writing by resolution stating the reasons for disapproval.

    If the final plat is approved by the City Council, the final plat shall be held by the City Clerk until such time as the subdivider posts a performance guarantee or bond as required by Section 16.12.210, if required. Upon receipt of said performance guarantee or bond, the Mayor shall affix his signature to the final plat and attach thereto a notation that the final plat has received final approval of the City Council; the Clerk shall attest the signature of the Mayor and affix his seal and attach a certified copy of the City Council's resolution of approval to said approved final plat. If such performance guarantee or bond is not posted by the subdivider within sixty (60) days from the date of approval of the final plat by the City Council, approval of such final plat shall expire and become null and void.

(Ord. No. 3336, 1-27-2003; Ord. No. 15-6, § 1, 1-26-2015)