A.
This chapter shall apply to all subdivisions of land, as defined
herein, located within the boundaries of McLean County but lying outside
the corporate limits of any municipality located within the County,
as such limits exist at the time the owner files a petition with the
County Clerk requesting the approval of a subdivision within the unincorporated
portion of the County.
B.
If any municipality located within the County has adopted an Official
Plan, Official Map or Subdivision Ordinance pursuant to the applicable
state law, the area subject to such plan or map shall be subject to
the most restrictive rule or regulation of either ordinance.
A.
The policy of the County of McLean shall be to consider the subdivision
of land and planned unit developments and the subsequent development
thereof as subject to the control of the County pursuant to any land
use plans and development guides adopted by the County of McLean for
the orderly, planned, efficient, and economical development of the
County.
B.
Land to be subdivided or developed as a planned unit development shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace, and such land shall not be subdivided until all the provisions of § 317-24 of this chapter have been met.
C.
All proposed public improvements shall conform to any land use plans or development guides adopted by the County. These regulations shall supplement and facilitate the enforcement of the provisions and standards contained in Chapter 350, Zoning, Chapter 310, Article II, Private Sewage Disposal System, the Illinois Water Well Construction Code,[1] the Illinois Water Well Pump Installation Code,[2] any applicable sanitary sewer codes or public water supply
codes regulated by the Illinois Environmental Protection Agency or
the Illinois Department of Public Health, and Chapter 605 (Road and
Bridge Law) of the Illinois Compiled Statutes, as such provisions
and standards may be amended.
D.
The County Engineer shall prepare and maintain a Manual of Practice
for the Design of Public Improvements in McLean County. This manual
shall include specific engineering direction for the construction
of subdivisions. In developing and maintaining this manual, the County
Engineer shall be directed by federal, state and local regulation
and by accepted engineering practices. The Manual of Practice required
by this subsection is hereby incorporated by reference into this chapter.
Violations of the Manual of Practice shall be violations of this chapter
and shall be punished as such. The first edition of the Manual of
Practice was approved when the Subdivision Code was enacted. In accordance
with the above, the County Engineer is authorized to make minor changes
to the Manual of Practice.
All subdivisions hereafter planned and constructed within the
jurisdiction of the County of McLean shall be in compliance with this
chapter. This chapter is adopted for the following purposes:
A.
To protect, provide, and promote the public health, safety, and general
welfare of the County;
B.
To guide the future growth and development of the County in accordance
with the Comprehensive Plan;
C.
To provide for adequate light, air and privacy; to secure safety
from fire, flood, and other danger; and to establish acceptable population
densities;
D.
To protect the character and the social and economic stability of
all parts of the County and to encourage the orderly and beneficial
development of all parts of the County;
E.
To protect and conserve the value of land throughout the County,
the value of buildings and improvements upon the land, and to minimize
the conflicts among the uses of land and buildings;
F.
To guide public and private policy and action in order to provide
adequate and efficient transportation, water, sewerage, schools, parks,
playgrounds, recreation and other public needs and facilities;
G.
To provide the most beneficial relationship between the uses of land
and buildings and the circulation of traffic throughout the County,
having particular regard to the avoidance of congestion in the streets
and highways, and the pedestrian traffic movements appropriate to
the various uses of land and buildings, and to provide for the proper
location and width of streets and building setback lines;
H.
To establish reasonable standards of design and procedures for subdivision
and resubdivision in order to advance the efficient arrangement of
land uses and to ensure proper legal descriptions and monumenting
of subdivided land;
I.
To ensure that public facilities are available and will have a sufficient
capacity to serve the proposed subdivision and other areas reasonably
anticipated to be served by such facilities;
J.
To prevent the pollution of air, land and surface waters; to assure
the adequacy of drainage facilities; to safeguard the water table;
and to encourage the wise use and management of natural resources
throughout the County in order to preserve the integrity, stability
and beauty of the County and the value of the land;
K.
To preserve the natural beauty and topography of the County and to
ensure appropriate development with regard to these natural features;
to guide, regulate and control the design, construction, use and maintenance
of any development or other activity which disturbs or breaks the
topsoil or otherwise results in the movement of land situated in the
unincorporated portion of the County;
L.
To provide for open spaces through the most efficient design and layout of the land, including the use of the minimum width and area requirements for lots, as established in Chapter 350, Zoning, of the Code of the County of McLean;
M.
To promote flexibility in design and permit planned diversification
in the location of structures in planned developments; and
N.
To combine and coordinate the review of plans for proposed subdivisions
and planned unit developments so that they can be reviewed simultaneously
by all agencies involved in the review process.
The language set forth in this chapter shall be interpreted
in accordance with the following rules of construction, unless the
context clearly requires a different construction:
A.
The singular includes the plural and the plural the singular.
B.
The present tense includes the past and future and the future includes
the present.
C.
The word "shall" is mandatory, while the word "may" is permissive.
D.
Terms denoting a particular gender include each and every other gender.
E.
Whenever a word or term defined hereinafter appears in the text of
this chapter, its meaning shall be construed as set forth in the definition
thereof, and any word appearing in parenthesis between a word and
its definition shall be construed in the same sense as that word.
F.
All words and terms not defined herein shall be construed in their
generally accepted meaning.
The following words and terms, whenever they occur in this chapter,
shall be interpreted as herein defined.
Having one or more common boundary lines or district lines.
A public right-of-way which is less than 30 feet (nine meters)
wide and affords a secondary means of access to abutting property.
Frontage on an alley shall not be construed as satisfying the requirements
related to frontage on a public street.
A change in the size, shape, character, occupancy or use
of a building or structure.
The entire area within the lot lines of the property proposed
for subdivision/development, including any areas to be dedicated/reserved
for street and alley right-of-way and for public use.
The flood having a one-percent probability of being equaled
or exceeded in any given year. The base flood is also known as the
"one-hundred-year flood."
The base flood elevation for the special flood hazard areas
shall be delineated on the latest maps of the unincorporated areas
of McLean County as prepared by the Federal Emergency Management Agency.
A tract of land bounded by public streets, or by a combination
of streets and public parks, cemeteries, railroad rights-of-way, rivers
and lakes and/or other lines of demarcation. A block may be located
in part within an incorporated city or village.
Any permanently fixed structure used or intended for supporting
or sheltering any use or occupancy.
A line within a lot, or other parcel of land, so designated on the preliminary plan, which defines the area between such line and the adjacent street right-of-way where an enclosed building, structure or obstructions are prohibited, except those permitted obstructions allowed by this chapter or Chapter 350, Zoning.
A line that divides a uniform right-of-way into two equal
parts.
A tile system serving individual lots for the purpose of
receiving water discharged from sources such as sand filters, footing
tiles, and water softeners.
The Land Use and Development Committee of the County Board
of McLean County, Illinois.
Includes the composite of the functional and geographic elements
of the Comprehensive Plan of McLean County, Illinois, or any future
version thereof, or any segment thereof in the form of plans, maps,
charts, and textual materials, as adopted by the County Board.
McLean County, Illinois.
The County Board of McLean County, Illinois.
The Clerk of McLean County, Illinois.
The registered professional engineer as appointed by the
County Board as head of the Highway Department of McLean County or
his designated representative.
The Planner of McLean County, Illinois.
The degree of inclination measured across pavements rather
than in the direction traffic moves on the pavement.
A minor street with only one outlet and which ends with a
turnaround.
Transfer of ownership of a right-of-way or other parcel of
land or improvement to a public or private entity without compensation.
The Department of Building and Zoning of McLean County, Illinois.
See "owner."
The act of changing and the state of a tract of land after
its function has been purposefully changed by man, including, but
not limited to, erection of buildings or structures on the land, and
alterations to the land and the grading or plowing of land for agricultural
purposes that does not alter the natural flow of stormwater.
The Director of the Department of Building and Zoning of
McLean County, Illinois or his designated representative.
The Director of Environmental Health of the McLean County
Health Department or his designated representative.
A lot that has a pair of opposite lot lines along two substantially
parallel streets.
A portion of a right-of-way or easement used or intended
principally for storm, surface or subsurface drainage, which meets
or exceeds the design and construction standards for public drainageways.
A portion of a right-of-way or easement used or intended
principally for storm, surface or subsurface drainage which does not
meet or exceed the design and construction standards for public drainageways.
A private accessway for motor vehicles between a public or
private street and one or more structures or off-street parking areas.
A building designed or used principally for residential occupancy,
including, without limitation, single-family dwellings, two-family
dwellings and multiple-family dwellings.
That portion or quantity of land set aside in which a liberty,
privilege, or advantage in land, without profit, is dedicated and
is distinct from fee ownership of the land and is granted either to
the public, a particular person or a combination of both.
A professional engineer licensed by the State of Illinois.
A plan showing a functional means of controlling runoff to
prevent sediment from leaving the project site and thus causing siltation
in sewers, lakes, streams or adjacent property.
Any act by which organic matter, earth, sand, gravel, rock,
or any other similar material is cut into, dug, quarried, uncovered,
removed, displaced, relocated or bulldozed and shall include the conditions
resulting from said act.
Any building erected prior to the adoption of this chapter
or for which a legal building permit has been issued.
The vertical location of the existing ground surface prior
to excavating or filling.
One or more persons related by blood, marriage, or adoption, or a group of not more than five persons not so related, together with his or their domestic servants or gratuitous guests, maintaining a common household in a dwelling unit. A family may include two roomers or boarders whether or not gratuitous. A family may include the occupants of a foster family home or a group home as defined by Chapter 350, Zoning.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported
or moved by mechanical means to a new location and shall include the
conditions resulting therefrom.
The vertical location of the ground or pavement surface after
the grading work is completed in accordance with the site development
plan.
A map, plan, or layout showing the subdivision of land and
indicating the location and boundaries of individual lots as described
in this chapter.
A general and temporary condition of inundation of normally
dry land areas from the overflow, the unusual and rapid accumulation
or the runoff of surface waters from any source.
That portion of the special flood hazard area required to
store and convey the base flood.
The linear measure between lot lines along a street, roadway
or other public way.
The rise in elevation of any portion of the earth's
surface or any improvement thereon, divided by the horizontal distance.
The grade shall be expressed as a percentage and shown on all profile
sheets.
The act of excavating or filling or any combination thereof
and shall include the conditions resulting from any excavation or
fill.
Any sanitary sewerage system, storm sewer system, water supply
and distribution system, roadway, parkway, sidewalk, pedestrian way
or other improvement which is required or provided by this chapter.
A quantity of land described with such specificity that its
location and boundaries may be established and which is designated
by its owner or developer as land to be conveyed, used or developed
as a unit, including any easements appurtenant thereto.
The area of a horizontal plane bounded by the vertical planes
through the front, side and rear lot lines.
A lot located at the intersection of two or more streets;
or a lot abutting on a curved street or streets shall be considered
a corner lot if straight lines drawn from the foremost points of the
side lot lines to the foremost point of the lot meet at an interior
angle of less than 135°.
The distance between the midpoints of straight lines connecting
the foremost points of the side lot lines in front and the rearmost
points of the side lot lines in the rear.
A line dividing one lot from another or from the street right-of-way.
A lot which is part of a subdivision recorded in the office
of the McLean County Recorder, or a lot or parcel described by metes
and bounds, the description of which has been so recorded.
The horizontal distance between the side lot lines of a lot
measured at the required front yard setback line. In the case of a
corner lot, either side along the public street may be designated
as the front yard.
The Manual of Practice for the Design of Public Improvements
in McLean County.
An area used to separate motor vehicles moving in opposite
directions.
Any self-propelled vehicle designed primarily for transportation
of persons or goods along streets, alleys or other public ways.
Any incorporated town, city or village within McLean County,
Illinois.
Watercourses formed in the topography of the earth prior
to any man-made changes.
A land area at least one foot (0.3 meter) wide along a lot
line within which no driveways shall be permitted.
The map adopted by the County Board in accordance with Chapter
55 of the Illinois Compiled Statutes or any other statute enacted
in lieu thereof showing all zoning district boundaries in the unincorporated
areas of McLean County.
A lot depicted on a final subdivision plat which does not meet the requirements of the chapter for lots of record and which may not be used for buildings or parking lots or other improvements except in connection with an adjacent lot as permitted by Chapter 350, Zoning.
Any person, firm, association, partnership, private corporation,
public or quasi-public corporation, or a combination of any of these,
or other legal entity having sufficient proprietary interest in the
land sought to be subdivided or developed to commence and maintain
proceedings under the provisions of this chapter.
All contiguous land used or legally described and recorded
as a single unit.
An area not on a public right-of-way, exclusive of driveways,
which is used for the parking of motor vehicles. For purposes of computing
the number of parking spaces in a lot, all areas used for parking
under unified control on the same or contiguous parcels of land shall
be considered as one lot.
An area on a parking lot of sufficient size, according to
the provisions of this chapter, to store one passenger vehicle, connected
to a street or alley by a driveway or driving area and so arranged
as to permit ingress and egress of the vehicle at all times without
maneuvering on a sidewalk and without moving any other vehicles parking
adjacent to the parking space.
The unpaved land within a street right-of-way that is located
between the back of the curb and the right-of-way line.
A portion of the street designated for vehicular use measured
from face to face of curb or edge to edge of paved wearing surface
where there are no curbs.
A lot or group of lots which is developed as a unit initially
under single ownership or unified control, which includes two or more
principal buildings or uses, and is processed under the planned unit
development procedure of this chapter.[1]
A tentative map or plan of a proposed subdivision as described
in this chapter.
All of the various parts of proposed construction submitted
to the Committee for approval.
The lines bounding a lot or parcel delineating the land in
individual ownership.
Includes streets, sidewalks, public utilities and other structures,
fixtures or land appurtenances that are or are intended to be dedicated
to a public or private entity.
To set aside a parcel of land in anticipation of its acquisition
for use by a public or private entity for public purposes.
A strip of land dedicated to or used by the public for vehicular
and/or stormwater, surface water or groundwater drainage.
A portion of a right-of-way designated for motorized vehicular
use.
The minimum longitudinal distance between the building or
structure line and the related lot line abutting a street.
A line shown on a plat delineating the setback.
A tract of land used or intended principally for pedestrian
passage.
That portion of a public right-of-way used and maintained
by the public which affords the principal means of access to adjacent
lots of record or premises and meets the design and construction standards
for the classification it holds under this chapter.
Streets shall be classified according to the IDOT standards.
Anything that is built or constructed, including, but not
limited to, any usable, permanent, in-place device or appliance within
the lot making a projection of six inches (15 cm) or more above grade
and having a base greater than 12 square feet (one square meter).
This does not, however, exclude such underground or surface structures
as tunnels, future foundations, or swimming pools in whole or in part
below grade.
The division of land containing any number of lots, parcels or tracts or any division of land which creates one or more additional lots for transfer of ownership and/or building development and is not excepted under the provisions of § 317-15 of this chapter.
See "owner."
The configuration of lots of record, outlots, public rights-of-way
and land improvements that results from subdividing land in accordance
with the procedures, requirements and standards of this chapter.
The purpose or activity for which the land, or building thereon, is designed, arranged, or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the regulations of Chapter 350, Zoning.
To terminate the legal existence of any easement, right-of-way
or subdivision, and to so note on the final plat recorded with the
McLean County Recorder.
Chapter 350, Zoning, of the Code of McLean County, Illinois.
A.
In their interpretation and application, the provisions of the chapter
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare.
B.
Conflict with public and private provisions.
(1)
Public provisions. The regulations in this chapter are not intended
to interfere with, abrogate, or annul any other ordinance, resolution,
rule or regulation, statute or other provision of law. Where any provision
of the chapter imposes restrictions different from those imposed by
any other resolution, ordinance, rule or regulation, or other provision
of law, those provisions that are more restrictive or impose higher
standards shall control.
(2)
Private provisions. The regulations in this chapter are not intended
to abrogate any easement, covenant or any other private agreement
or restriction, provided that where the provisions of this chapter
are more restrictive or impose higher standards or regulations than
such easement, covenant, or other private agreement or restriction,
the requirements of this chapter shall govern.
This chapter shall not be construed as abating any action now
pending under, or by virtue of, prior existing subdivision regulations,
or as discontinuing, abating, modifying, or altering any penalty accruing
or about to accrue, or as affecting the liability of any person, firm,
or corporation, or as waiving any right of the County under any section
or provision existing at the time of adoption of this chapter, or
as vacating or annulling any rights obtained by any person, expressly
provided for in this chapter.
For the purpose of providing the public health, safety, and
general welfare, the County Board may from time to time amend the
provisions imposed by this chapter. The Committee, in the manner prescribed
by law, shall hold public hearings on all proposed amendments.
Regulation of the subdivision of land and the attachment of
reasonable conditions to land subdivision is an exercise of valid
power delegated by the State of Illinois to the County. The subdivider
or owner has the duty of compliance with reasonable conditions laid
down by the County Board for design, dedication, improvement, and
restrictive use of land so as to conform to the physical and economical
development of the County and to the safety and general welfare of
the future owners of lots in the subdivision.
A.
Procedure for resubdivision. For any change in a recorded plat of
a subdivision, if such change affects any street configuration shown
on such plat, or affects any area reserved thereon for public use,
or affects any lot line, such change shall be reviewed by the Committee
and the County Board by the same procedure, rules and regulations
as for a subdivision as provided by this chapter.
B.
Procedure for subdivisions where future resubdivision is indicated.
Whenever a parcel of land is subdivided and the subdivision plat shows
one or more lots containing more than one acre (0.405 hectare) of
land and there are indications that such lots will eventually be resubdivided
into smaller lots, the Committee may require that such parcel of land
allows for the future construction of new streets and the extension
of existing adjacent streets. Easements providing for the future construction
and extension of such streets may be made a requirement of the plat.
In accordance with state law, any plat or part thereof may be
vacated by the owner of the parcel, at any time before the sale of
any lot therein, by written vacation instrument to which a copy of
the plat is attached. If there are public service facilities in any
street, or other public way, or easement shown on said plat, the instrument
shall reserve to the proper authority or other public entity or public
utility owning such facilities the property, rights-of-way, and easements
necessary for continuing public service by means of those facilities
and for maintaining or reconstructing the same. The vacation instrument
shall be approved by the County Board in the same manner as plats
of subdivision, and shall also be approved by the public utilities
involved.
A.
Where the County Board finds that extraordinary hardships or practical
difficulties may result from strict compliance with this chapter and/or
the purposes of the regulations in this chapter may be served to a
greater extent by an alternative proposal, the County Board may approve
variations to these subdivision regulations so that substantial justice
may be done and the public interest secured, provided that such variation
shall not have the effect of nullifying the intent and purpose of
these regulations; and further provided that the County Board shall
not approve variations unless it shall make findings based upon the
evidence presented to it in each specific case that:
(1)
The granting of the variation will not be detrimental to the public
safety, health, or welfare or injurious to other property located
in the vicinity of the property in question.
(2)
The conditions upon which the request for a variation is based are
unique to the property for which the variation is sought and are not
applicable generally to other property.
(3)
Because of the particular physical surrounding, shape or topographical
conditions of the specific property involved, a particular hardship
to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of the regulations in this chapter is carried
out.
B.
Conditions. In approving variations, the County Board may require
such conditions as will, in its judgment, secure substantially the
objectives of the standards or requirements of this chapter.
C.
Procedures. A petition for any such variation shall be submitted in writing by the subdivider at the time when the preliminary plan is filed for the consideration of the Committee. Such petition shall state fully the specific cases which, in the subdivider's opinion, meet the standards for granting variations as provided in § 317-14 of this chapter. The Committee shall then recommend approval or denial of these variations to the County Board.
A.
It shall be unlawful for a person, firm, partnership, or corporation
to subdivide any land under the jurisdiction of McLean County without
following the procedures, satisfying the requirements, and meeting
the standards specified in this chapter; provided, however, that the
provisions of this chapter shall not apply in the following instances:
(1)
The division or subdivision of land into parcels or tracts of five
acres (2.02 hectares) or more in size which does not involve any new
streets or easements of access;
(2)
The division of lots or blocks of less than one acre (0.405 hectare)
in any recorded subdivision which does not involve any new streets
or easements of access;
(3)
The sale or exchange of parcels of land between owners of adjoining
and contiguous land, provided that such transfer does not create a
parcel that does not meet minimum requirements of this chapter;
(4)
The conveyance of land or parcels of land or interests therein for
use as a right-of-way for railroads or other public utility facilities
and other pipelines which does not involve any new streets or easements
of access;
(5)
The conveyance of land for highway or other public purposes or grants
or conveyances relating to the dedication of land for public use or
instruments relating to the vacation of land impressed with a public
use;
(6)
Conveyances made to correct descriptions in prior conveyances;
(7)
The sale or exchange of parcels or tracts of land following the division
into no more than two parts of a particular parcel or tract of land
existing on July 17, 1959, and not involving any new streets or easements
of access, provided that such transfer does not create a parcel that
does not meet minimum requirements of this chapter;
(8)
The sale of a single lot of less than five acres (2.02 hectares)
from a larger tract when a survey is made by a registered land surveyor;
provided that this exemption shall not apply to the sale of any subsequent
lots from the same larger tract of land, as determined by the dimensions
and configuration of the larger tract on October 1, 1973, and provided
also that this exemption does not invalidate any local requirements
applicable to the subdivision of land; and/or
B.
Any division of land not exempted by one of the above listed exceptions
shall be considered a subdivision under this chapter.
Any person found guilty of violating any of the provisions of
this chapter shall, upon conviction thereof, be guilty of a petty
offense and be fined by the court in an amount not to exceed $500
for each offense. A separate and distinct offense shall be regarded
as committed each day upon which said person shall continue any such
violation.
The Director of Building and Zoning is hereby designated as
the Plat Officer. Final plats for the subdivision of land, where only
one new lot of less than five acres (2.024 hectares) is created by
the first and only subdivision of a tract as constituted on the April
13, 1970, and where said new lot fronts upon an existing street with
no new street involved, shall be submitted to the Plat Officer. The
Plat Officer shall review the plat and, within 15 days of submission
of all documents required, shall accept the plat if it meets the requirements
of this chapter and certify such acceptance in lieu of acceptance
by the County Board and certification of same by the County Clerk.
Applications submitted to the Plat Officer shall include one Mylar
of the final plat, eight contact prints of the plat, one copy of supporting
documents establishing this to be the first and only subdivision of
this tract since the effective date of this chapter, four copies of
the owner's certificate, and one copy of the County Clerk's tax
certificate. The Plat Officer shall also approve final plats for subdivisions
that have a valid preliminary plan and such final plat substantially
conforms to said preliminary plan.
Whenever any trustee of a land trust or any beneficiary or beneficiaries
of a land trust make application to the County of McLean for approval
of a subdivision under this chapter relating to the land which is
the subject of such trust, such application shall identify each beneficiary
of such land trust by name and address and define his interest therein
as required by 765 ILCS 405. All such applications shall be verified
by the applicant in his capacity as trustee or by the beneficiary
as a beneficial owner of interest in such land trust. If such application
is filed by a body politic or other corporate entity, it shall be
verified by a duly authorized officer of such body politic or other
corporate entity for whom such application is made. Such verifications
shall be in the form of one of the examples cited in Appendix C of
this chapter.[1]
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
See chart in Appendix D.[1]
[1]
Editor's Note: Appendix D is included as an attachment to this chapter.
