[Ord. 90-4, 5-21-1990, § 1]
Because each new subdivision accepted by the Village becomes
a permanent unit in the basic physical structure of the future community,
and to which the future community will, of necessity, be forced to
adhere, all subdivisions hereafter planned within the incorporated
limits of the Village, shall, in all respects, be in full compliance
with the regulations hereinafter contained in this chapter. These
regulations are designed to provide for the orderly and harmonious
development of the Village for the coordination of streets within
new subdivisions with other existing or planned streets, and to secure
a uniform system of utilities and services, and otherwise to promote
realization of the official plan of the Village, and 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 earth on land situated in the Village.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section.
The right-of-way which affords secondary means of access
to properties abutting upon a street and located along the side of
or in the rear of such properties.
A tract of land bounded by streets or by a combination of
one or more streets and parks, cemeteries, shorelines of waterways,
other permanent open spaces or corporate limit lines.
A narrow strip of land adjoining a piece of property or right-of-way
on which trees, shrubbery, hedges or other plantings are planted close
enough together to prohibit the passage of persons or vehicles between
the pieces of property or the property and the adjoining right-of-way,
and is used for screening purposes only.
A permit issued by the Village for the construction, erection
or alteration of a structure or building.
A line within a lot or other parcel of land so designated
on the plat of the subdivision, or prescribed by Village ordinance,
between which and the adjacent street the erection of an enclosed
structure is prohibited.
Formally attesting that the specific inspections and tests
where required have been performed, and that such tests comply with
the applicable requirements of this chapter.
A street which carries traffic from minor streets to a primary
street, including the principal entrance streets of a development
and the principal circulating streets within such a development.
The amount of material in excavation and/or fill measured
by the method of "average end areas."
A minor street having one open end and being permanently
terminated by a vehicle turnaround.
A grant by property owners for the use of a strip of land
by the general public, a corporation or a certain person or persons
for a specific purpose or purposes.
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 therefrom.
The vertical location of the existing ground surface prior
to excavation or filling.
Any act by which earth, sand, gravel, rock or any other material
is deposited, placed, replaced, pushed, dumped, pulled, transported
or moved by man 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 or plan of a subdivision and any accompanying material as described in Section 46-2-3-1 of this chapter.
Excavation or fill or any combination thereof and shall include
the conditions resulting from any excavation or fill.
A street bordering on one or more property lines of a tract
of land in which the subdivider has allocated only 1/2 of the ultimate
right-of-way width. Half streets are prohibited.
A portion of a subdivision or other parcel of land intended
as a unit for the purpose, whether immediate or future, of transfer
of ownership or for building development. For the purposes of this
chapter, a half acre lot shall have 20,000 square feet and an acre
lot shall have 40,000 square feet of area within its boundaries.
A lot at the end of a block and located between two corner
lots.
A lot which has a pair of opposite lot lines along two substantially
parallel streets and which is not a corner lot.
A minor street which is parallel to and adjacent to a primary
street, and which provides access to abutting properties and protection
from through traffic.
A street of limited continuity used primarily for access
to abutting properties and local needs of a neighborhood.
Channels formed in the existing surface topography of the
earth prior to changes made by unnatural causes.
Refers to the composite of the function and geographic elements
of the comprehensive Village plan, or any segment thereof, in the
form of plans, maps, charts, ordinances and textual material as adopted
by the Village.
Any person, group of persons, firm or firms, corporation
or corporations or any other legal entity having legal title to the
land sought to be subdivided under this chapter.
All contiguous land in one ownership.
An unpaved strip of land situated between the roadway and
sidewalk or the parkway site.
A right-of-way access across or within a block, for use by
pedestrian traffic; whether designated as a pedestrianway, crosswalk,
or however otherwise designated.
Any person to whom a site development permit is issued.
Any individual, firm or corporation, public or private, the
State of Illinois and its agencies or political subdivisions, and
the United States of America, its agencies and instrumentalities,
and any agent, servant, officer or employee of any of the foregoing.
The Plan, Zoning and Development Commission of the Village.
A tentative map or plan of a proposed subdivision as described in Section 46-2-2 of this chapter.
A contract entered into between private parties and constitutes
a restriction on the use of all private property within a subdivision
for the benefit of property owners, and to provide mutual protection
against undesirable aspects of development which would tend to impair
stability of values.
Any sanitary sewer, storm sewer, drainage ditch, water main,
roadway, parkway, sidewalk, pedestrianway, planting strip, off-street
parking area, or other facility for which the Village may ultimately
assume the responsibility for maintenance and operation.
Any primary, secondary or minor street which is shown on
the subdivision plat and is to be dedicated for public use. Its primary
purpose is to provide vehicular and pedestrian access to the adjoining
properties.
Cutting vegetation to the ground or to stumps, complete extraction,
or killing by spraying.
A strip of undeveloped land which is wider than any easement
which may be located upon it, designed to act as a buffer zone between
developed property and rights-of-way of railroads, major arterial
streets, etc. Reservation strips shall be prohibited.
That portion of the street available for vehicular traffic,
as measured from the outside to outside edges of the curb or combination
curb and gutter lines.
A lot or parcel of land, or a contiguous combination thereof,
where grading work is performed as a single unified operation.
Altering terrain and/or vegetation and constructing improvements.
A street right-of-way line abutting a property line of a
lot.
Any activity which removes the vegetative surface cover including
tree removal, clearing, and storage or removal of top soil.
Any person commencing proceedings under this chapter for
himself or for another.
The division of land into two or more parts for the purpose,
whether immediate or future, of transfer of ownership or of building
development, including all changes in streets or lot lines. For the
purposes of this chapter, however, the sale or exchange of existing
parcels or tracts of land, or the division of lots and blocks in a
recorded subdivision which had previously complied with this chapter,
are exempted from the provisions of this chapter, provided further,
however, that the frontage of a corner lot shall not be reversed from
that as platted without the proposal therefor being first submitted
in writing to and approved by the Corporate Authorities of the Village.
Further, the division of a lot or lots of record having frontage on
existing improved streets shall not be deemed to be a subdivision,
provided that such division does not create more than two parcels
of land which meet all the requirements of the zoning ordinance and
this chapter, and that no new street is sought thereby to be dedicated
or is contemplated or projected through such lands. All of such divisions
of lots or lots of record shall be shown on a certified plat of survey
which shall be filed with the Building Commissioner in triplicate.
The term subdivision includes resubdivision and, where it is appropriate
to the context, relates to the process of subdividing or to the land
subdivided.
The basic land-planning principles and specifications established
as guides for the preparation of subdivision plans, indicating, among
other things, the minimum and maximum dimensions of the various elements
set forth in the plans.
A gentle, shallow, unobstructed drainage for the drainage
of stormwater, with a minimum grade of 1/2 of 1% and with side slopes
of one foot in six feet maximum.
Land of which there are no structures or only structures
which are secondary to the use or maintenance of the land itself.
The Village of Elmwood Park, Cook County, Illinois.
The Village President and the Village Board of Trustees.
The Village Engineer, or his duly authorized representative.
[Ord. 90-4, 5-21-1990, § 1]
The Village Engineer shall be the Enforcement Officer of this
chapter and he may call upon any department or official of the Village
for such information and assistance as he may deem necessary for the
observance or enforcement of this chapter, and it shall be the duty
of such department or officer to furnish such information and assistance
whenever required.
[Ord. 90-4, 5-21-1990, § 1]
(a)
AGENT
APPLICANT
BENEFICIAL
BENEFICIARY
CORPORATION
LAND TRUST
LESSEE
NOMINEE
OPTION HOLDER
STOCKHOLDER
Definitions. As used in this section:
A person authorized to act for another person or corporation.
One who applies for any benefits on behalf of himself or
some other entity.
Any interest in a land trust.
Any person, corporation or other entity having a beneficial
interest in a land trust.
A body of persons authorized by law to act together as a
single person, and, for the purpose of this section, includes any
association, joint stock company, syndicate or partnership.
An express agreement whereby the legal and equitable title
to real estate is held by a Trustee for the benefit of beneficiaries
who have the exclusive right to manage and control said real estate.
One who has an interest in real estate by virtue of a lease.
One designated to act for another, with limited authority.
One having the right to purchase real estate upon compliance
with conditions named in a contract.
One owning certificates of stock in a corporation or membership
in an association, joint stock company, syndicate or partnership.
(b)
Applications. Any application to the Village Board of Trustees, Village
Clerk or any other Village board or commission for authorization,
benefit, license, permit, variation, zoning amendment or planned unit
development relating to real estate shall be signed by the owners,
lessee, option holder, agent or nominee of either.
(1)
If the application is made by a person other than the fee owner,
it shall be accompanied by an affidavit of the owner that the person
signing the application has authority to make the application; and
the application shall disclose the full names, addresses and telephone
numbers of the applicant and owner.
(2)
If the applicant or the owner is a corporation, the application
shall disclose the names and addresses of the officers, directors,
registered agents and those shareholders or members owning in excess
of 5% of the outstanding stock or interest in the corporation.
(3)
If the applicant is a Trustee, the full name, address, telephone
number and the extent of the interest of each beneficiary must be
disclosed.
(4)
If the applicant is a beneficiary, nominee or option holder,
the application must disclose the name, address and telephone number
of those persons or entities for whom he is acting, and if it is a
corporation, the provisions of subsection(b)(2) of this section shall
be complied with.
(c)
Penalty. Any person making a false or incomplete statement in the
application shall be guilty of a misdemeanor and subject to a fine
of $500. After a statement is determined to be falsified, missing
or incorrect, a written notice of the omission or falsification shall
be sent to the applicant and each day that elapses until the date
the required information is furnished or corrected shall constitute
a separate offense.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
(a)
Any area proposed for annexation to the present corporate limits
of the Village shall be studied by the Plan, Zoning and Development
Commission and a public hearing held on the proposed use district
prior to the incorporation of the area into the Village.
(b)
If a petition for annexation is pending before the Plan, Zoning and
Development Commission or the Village Board, a preliminary plat for
subdivision will not be acted upon by the Plan, Zoning and Development
Commission until the petition for annexation has been approved or
disapproved by the Village Board of Trustees.
[Ord. 90-4, 5-21-1990, § 1]
No permanent building or structure shall be erected within the
extended street lines or proposed extensions of major streets shown
on the major street plan adopted as a part of the official plan of
the Village.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
The Plan, Zoning and Development Commission shall not approve
the subdivision of land if upon adequate investigation conducted by
the Plan, Zoning and Development Commission and in the opinion of
the Village Engineer, it has been determined that in the best interests
of the public the site is not suitable for subdivision and development
of the kind proposed.
[Ord. 90-4, 5-21-1990, § 1]
(a)
Plat Filing Fees. A fee as provided for in this section shall be
charged the applicant for each proposed subdivision for which approval
is sought to cover the costs incurred by the Village in checking and
considering the plans and plat. Such fee shall be paid in cash to
the Village Clerk, and the plans and plat for any proposed subdivision
preliminary or otherwise, shall not be considered without the receipt
of the Village Clerk being first exhibited showing the payment of
the fee required hereunder for such consideration, and no fee so paid
shall be refunded regardless of whether the proposed subdivision is
approved or disapproved. The amount of the fee required by this section
shall be determined in accordance with the following schedule:
|
Area of Proposed Subdivision
|
Fee
|
|---|---|
|
5 acres or less
|
$100
|
|
Over 5 acres, but not exceeding 10 acres
|
$200
|
(b)
Improvement Plan Filing Fees. A fee in an amount equal to 5% of the
total cost of all land improvements required to be installed under
the provisions of this chapter as determined by the Village Engineer,
shall be paid by the applicant for each proposed subdivision or planned
development at the time of preliminary plans and specifications for
such land improvements are submitted. Such fees shall be paid in cash
to the Village Clerk to be used for payment of the costs incurred
by the Village for administrative, engineering and legal review of
the plans and specifications for land improvements, of subdivision
or planned development plats, and of such other documents and agreements
as are submitted by the applicant or as are required as a part of
the approval of the subdivision or planned development; all of which
costs shall be paid by the owner or subdivider or developer. Said
fees shall also be used to pay the cost of inspections by the Village
Engineer, Building Commissioner, or other authorized Village inspector,
incurred during the course of construction of all said required land
improvements.
No plans and specifications for land improvements and no subdivision
or planned development plat preliminary or otherwise, shall be considered
until the applicant has first exhibited a receipt of the Village Clerk
showing payment of the fee required herein.
Following completion of construction of all required land improvements
and of the administrative, engineering and legal review and inspection
services rendered with respect to said subdivision of planned development,
the Village Clerk shall refund to the applicant such portion of said
fee amount which exceeds the cost of administrative, engineering and
legal services.
In case where the exact cost of installing the required land
improvements differs from the Village Engineer's estimate or where
the administrative, engineering and legal services pertaining to the
particular subdivision or planned development exceed, or are estimated
to exceed the amount of the fee deposited herein, then an adjustment
shall be made accordingly to bring such fee deposit in line with the
actual improvement cost or with the actual or estimated cost of said
review and inspection services, whichever is larger.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
No approval of a final plat of subdivision shall be made by
the Plan, Zoning and Development Commission or the Village President
and Board of Trustees unless a performance bond, cash or escrow account
established in accordance with the provisions of this chapter has
been presented. This bond, cash or escrow account will secure the
satisfactory completion of all improvements in accordance with the
description, plans, profiles and specifications submitted by the subdivider
and approved by the Plan, Zoning and Development Commission. The bond,
or portion of bond, shall be released only after acceptance of the
improvements by Corporate Authorities.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
It is the intention of this chapter to encourage building in
the Village consistent with the protection of the public's interest
without placing undue financial hardship on subdividers for bond expenses.
Therefore, the following examples of procedure are given to clarify
the intent of the chapter and to provide suggestions to subdividers
for economizing on bond expense. They are given for illustrative purposes
only and in no way limit or change the force or intent of any part
of this chapter.
(a)
If a subdivider intends to subdivide a large plot of land, it will
be more economical for him if he requests approval for a plat concerning
only the amount of land that he intends to develop in the near future.
In obtaining this plat approval, the subdivider would supply to the
Plan, Zoning and Development Commission the general plans for the
entire area to be developed. This procedure will eliminate the necessity
for the subdivider furnishing bonds for improvements which are to
be installed several years in the future.
(b)
If a subdivider has obtained a plat approval for a subdivision and
has posted a bond to cover the cost of the improvements, and, after
developing part of the plat, decides to discontinue the development,
the Village Board may release the bond for the undeveloped area, providing
the improvements already installed constitute a properly operating
and functional system and provided that the subdivider vacates the
undeveloped part of the plat.
(c)
If a subdivider desires to post a cash bond to cover the cost of
improvements, it is possible that up to 70% of the portion of the
cash bond provided for the completion of the improvement can be refunded
to the subdivider as improvements are completed, permitting the subdivider
to use the money to pay his subcontractors for the installation of
improvements.
[Ord. 90-4, 5-21-1990, § 1]
(a)
All public improvements shall be subject to inspection on behalf
of the Village during the course of construction by the Village Engineer
or other Village officer duly appointed by the Village President.
(b)
The inspector shall have authority over materials of construction,
methods of construction and workmanship to insure compliance with
working drawings and specifications. The contractor shall provide
for reasonable tests and proof of quality of materials as required
by the inspector. Upon due cause, the inspector may require that work
be suspended and the due cause shall include weather conditions, questionable
materials of construction, methods of construction, workmanship or
nonadherence to specifications and drawings. Inspection costs shall
be borne by the subdivider.
(c)
Approval by the inspector or absence of inspection shall in no way
relieve the subdivider of full responsibility for adherence by his
contractors to specifications and working drawings nor for high standards
of materials, methods and workmanship.
(d)
Approval by the inspector shall not be deemed acceptance by the Village
of the improvements. Acceptance shall be only by action of the Village
Board of Trustees and acceptance shall be contingent upon a favorable
inspection report.
(e)
It shall be the responsibility of the subdivider or his contractor
to notify the Village Clerk when work on improvements is to be performed.
The initial notification that a particular improvement is to be started
shall be in writing and shall reach the Village Clerk at least two
days in advance of the date of starting work. If the work on a particular
improvement is interrupted, the subdivider or his contractor shall
notify the Village Clerk or inspector in writing at least 24 hours
prior to returning to work.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
(a)
Acceptance of Public Improvements Initially.
(1)
Upon completion of an improvement, the Village Engineer will
certify completion of the improvement to the Village Clerk, certifying
that the improvement required to be installed in or upon the subdivision
in connection with the approval of the plat of subdivision by the
Village Board of Trustees has been fully completed and the construction
or installation thereof approved by him. A certificate for each type
of improvement shall be required, although several certificates may
be presented at the same time. Acceptance of the improvement by the
Board of Trustees shall be by resolution. Approval of the final plat,
or the approval of the annexation of unincorporated territory by the
Board of Trustees does not constitute an acceptance by the Village
of such street or other improvements designated on the plat or constructed
or installed upon the subdivision site, irrespective of any act by
any officer, agent or employee of the Village.
(2)
A single improvement shall not be accepted in part. It shall
be complete throughout the subdivision as indicated in the final plat
and working drawings, e.g., the subgrade base course and surface course
of a street shall be considered as a single improvement.
(3)
Acceptance of an improvement by the Board of Trustees shall
constitute a release of 90% of the applicable portion of the performance
bond or applicable portion of the balance of a cash deposit. The remaining
10% of the applicable portion of the bond will be held for the duration
of the maintenance period unless it is replaced with a maintenance
warranty bond of equal value and validity.
(b)
Responsibility for Maintenance of Public Improvements — Maintenance
Bond Required. As further assurance of serviceable construction and
to provide for repair of damage resulting from subsequent construction
operations of the subdivider or his contractors, the subdivider shall
be responsible for all maintenance of an improvement including grading
for a period of not less than 12 months following completion of construction
of that improvement and acceptance thereof by the Village, providing,
in addition, that the subdivider shall be responsible for all maintenance
of roadways, curbs, gutters, sidewalks, parkway strips, storm drains
and hydrants of water facilities until all construction work has been
completed. Construction work shall be deemed to include all necessary
backfill and grading. The subdivider or developer shall furnish to
the Village a maintenance bond pertaining to said improvements in
an amount and with a surety that are acceptable to the Village and
said bond shall remain in force throughout the twelve-month maintenance
period.
(c)
Final Acceptance of Public Improvements. At the end of the maintenance
period of completion of construction, all necessary repairs will be
made and be inspected by the Village Engineer. The Village Engineer
will certify to the Village Clerk that all necessary repairs have
been completed and that the improvement is complete and in good repair
in accordance with the Village standards and requirements. The Village
Attorney will certify that satisfactory and proper conveyances of
title to property have been made by the subdivider to the Village.
Final acceptance of the improvement by the Board of Trustees shall
be by resolution. Upon final acceptance, all bonds or cash deposits
shall be refunded.
(d)
Protection and Repair of Existing Improvements. The subdivider, his
contractors and suppliers shall be jointly and severally responsible
that existing improvements and the property of the Village are not
damaged or rendered less useful or unsightly by the operations of
the subdivider, his contractors or suppliers. This provision is intended
to include damages or nuisances with respect of the land, improvements
of landscaping of the Village, damage to existing streets, sidewalks,
curb and gutter, or parkways by passage thereover of equipment or
trucks or by excavation for any purpose; the spillage or tracking
of earth, sand or rocks into the streets, sidewalks, curbs and gutters
or into catch basins; and damage to water mains, sanitary sewer culverts
or storm sewers. To reduce or localize the possibility of damage to
streets by heavy trucking, the Village President may instruct the
subdivider as to the streets to be used for access to the subdivision
by equipment or trucks, and the subdivider shall be responsible for
enforcement of this instruction upon his contractors and his suppliers.
The subdivider shall make provisions to prevent washing of earth or
sand onto sidewalks, streets, curbs and gutters and into catch basins
by stormwater. Where deemed advisable, the Village President shall
have the power to require, either prior to commencement of construction
or after construction is in progress, that the subdivider post an
appropriate bond to guarantee repair of damages or abatement of nuisances.
Where the need for a bond becomes apparent after construction is in
progress, the Village Board shall have the power to order construction
discontinued until the appropriate bond has been posted. Expenses
incurred by the Village in repairing damages, cleaning streets, catch
basins and sewers shall be deducted from the bond or shall be charged
to the builder.
(e)
Time for Completion of Improvements. Unless otherwise specified in
this chapter, or unless otherwise agreed to between the Plan, Zoning
and Development Commission and the subdivider, with the approval of
the Village Board of Trustees, all improvements required herein shall
be completed within two years of the date of acceptance of the final
plat by the Board of Trustees.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
The Plan, Zoning and Development Commission may recommend variations
from these requirements in specific cases which in its opinion do
not affect the general plan or the intent of this chapter or which
would cause unnecessary hardship if strictly adhered to. Such recommendations
shall be communicated to the Village Board of Trustees or governing
County authorities in writing, substantiating the recommended variations.
The Board of Trustees may approve variations from these requirements
in specific cases which in its opinion do not adversely affect the
general plan or the spirit of this chapter.
[Ord. 90-4, 5-21-1990, § 1]
All plats of subdivisions or resubdivisions, after the same
have been submitted and approved as provided for in this chapter,
shall be recorded with the County Recorder of Deeds, and then be filed
and kept by the Village Clerk among the records of the Village.
[Ord. 90-4, 5-21-1990, § 1]
No building permit shall be issued by any governing official
for the construction of any building, structure or improvement to
land or any lot within any subdivision which has been approved for
platting, until all requirements of this chapter have been fully complied
with.
[Ord. 90-4, 5-21-1990, § 1]
No occupancy permit shall be granted by any governing official
for the use of any structure within a subdivision approved for platting
or replatting until required utility facilities have been installed
and made ready to service the property, and roadways providing access
to the subject lot have been constructed, or are in the course of
construction and are suitable for vehicular traffic. This requirement
is in addition to occupancy requirements and restrictions in other
provisions of this Code.
[Ord. 90-4, 5-21-1990, § 1]
All sewer and water facilities constructed under the provisions
of this chapter and accepted by the Village shall become the property
of the Village.
[Ord. 90-4, 5-21-1990, § 1; Ord. 2015-37, 8-17-2015]
The Plan, Zoning and Development Commission shall, from time
to time, propose and recommend in writing to the Village Board of
Trustees such changes or additions to the provisions and regulations
herein contained as the Plan, Zoning and Development Commission may
deem necessary or advisable. Such changes or additions shall become
effective after the Board of Trustees passes an amendment to this
chapter.
