Table of Contents

 

 

Section 1 – Scope and Purpose

 

1.01     Scope and Legal Authority                                                                  3

1.02     Title                                                                                                     3

1.03     Application / Exception of Ordinance                                                 3

1.04     Intent and Purpose                                                                               3

1.05     Interpretation                                                                                       4

1.06     Administration                                                                                     4

1.07     Plat Not Required                                                                                4

1.08     Plat Required                                                                                       5

 

Section 2 – Rules and Definitions

 

2.01     Rules                                                                                                   5

2.02     Definitions                                                                                           5

 

Section 3 – Procedure for Submission and Approval of Plats and Improvement Plans

 

3.01     Pre-Application Conference                                                                7

3.02     Preliminary Plat Procedures                                                                 8

3.03     Preliminary Plat Requirements                                                             8

3.04     County Engineer’s Review (Preliminary Plat)                                      10

3.05     County Soil and Water Conservation Dist. Review (Preliminary Plat)  10

3.06     County Health Department Review (Preliminary Plat)                         10

3.07     County Clerk’s Review (Preliminary Plat)                                           10

3.08     Subdivision and Planning Committee Review (Preliminary Plat)                     10

3.09     County Board Review and Action (Preliminary Plat)                           11

3.10     Improvement Plan Procedures                                                             12

3.11     Improvement Plan Requirements                                                         12

3.12     County Engineer’s Review (Improvement Plan)                                              13

3.13     Final Plat Procedures                                                                           13

3.14     Final Plat Requirements                                                                                   14

3.15     County Engineer’s Review (Final Plat)                                                            17

3.16     County Soil and Water Conservation Dist. Review (Final Plat)                        17

3.17     County Health Department Review (Final Plat)                                               17

3.18     Subdivision and Planning Committee Review (Final Plat)                    17

3.19     County Board Review and Action (Final Plat)                                     18

3.20     Minor Subdivisions                                                                              19

3.21     Recording                                                                                            19

3.22     Illegal Plats and Subdivisions & Penalties                                            19

3.23     Fees and Securities                                                                              20

 

Section 4          Subdivision Design and Layout

 

4.01     General Requirements                                                                         22

4.02     Streets and Alleys                                                                                22

4.03     Dimensional Standards                                                                                    24

 

 

Section 5 – Required Improvements

 

5.01     General Requirements                                                                         27

5.02     Streets                                                                                                  28

5.03     Monuments                                                                                          30

5.04     Storm Drains                                                                                        31

5.05     Sewage Disposal                                                                                  32

5.06     Water Supply                                                                                       33

5.07     Streets Signs                                                                                         33

5.08     Inspection                                                                                            33

5.09     Building Permit                                                                                                33

5.10     When Effective                                                                                               34

 

Section 6 – Appendices

 

6.01     Subdivider Checklist - Major Subdivision                                            36

6.02     Subdivider Checklist - Minor Subdivision                                           40

6.03     Application for Preliminary Plat Approval                                           44

6.04     Typical Preliminary Plat                                                                       47

6.05     Application for Final Plat Approval                                                     49

6.06     Typical Final Plat                                                                                 52

6.07     Letters of Credit                                                                                   54

            6.08     Design Recommendations                                                                   57

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 1 – Scope and Purpose

 

Section 1.01 Scope and Legal Authority

 

For the purpose of controlling future development of the County of Macoupin and for the promotion of the public health, safety, comfort, and welfare of persons living within the territory governed, the provisions and regulations hereinafter contained shall govern the subdividing and platting of lands lying within the area of jurisdiction of the County of Macoupin.

 

The rules and regulation governing plats and subdivision of land contained herein shall apply within the county as permitted by State Statutes. In the event of overlapping jurisdiction within the project area, the extent of jurisdiction shall be determined and agreed upon between the county and the municipality or municipalities concerned. Except in the case of resubdivision, this Ordinance shall not apply to any lot or lots forming a part of a subdivision recorded in the office of the County Recorder of Deeds prior to the effective date of this Ordinance, this Ordinance does not intend to repeal, annul or in any way impair or interfere with existing provisions of other laws or ordinances except to those specifically repealed by, or in conflict with this Ordinance, or with restrictive covenants imposed or required by such existing provisions of law, or restrictive covenants, the provisions of this Ordinance shall control.

 

Section 1.02 Title

 

This Ordinance shall be known and may be cited and referred to as the Amended Subdivision Regulations for the County of Macoupin, Illinois, 2005.

 

Section 1.03 Application / Exception of Ordinance

 

From and after the passage of this Ordinance, no plat of any subdivision shall be valid nor entitled to be recorded unless and until same has been approved by the Macoupin County Board, in accordance with the procedure hereinafter provided; and no plat of any subdivision shall be approved without compliance with the standards of design and improvements required as hereinafter set forth.

 

The exercise of plat approval power by the County Board is subject to exception where a municipality with an adopted subdivision ordinance and operating under a Comprehensive Plan shall approve all subdivision plats within one and one half miles of the corporate limits. Until approved by the corporate authorities no subdivision plat shall be recorded in Macoupin County or have any validity (Illinois Revised Statutes, Chapter 24, Section 11-15-1 and 11-12-12). No lot in a subdivision, as defined herein, may be conveyed unless a Final Plat of the property has been approved according to the requirements and provisions of this Ordinance, and recorded in the office of the Macoupin County Recorder of Deeds.

 

Section 1.04 Intent and Purpose

 

This Ordinance is adopted for the following purposes:

 

1.                  To provide one of several means for carrying out the intent of the evolving comprehensive plan and thus ensure sound, harmonious development and county growth.

2.                  To provide a procedure for attaining sound working relationship between the County and developer and to safeguard the interests of the homeowner, the subdivider, the investor and the County.

3.                  To ensure that the cost of design and installation of improvements in a new platted subdivision be borne by the developer.

4.                  To secure the rights of the public with respect to public land and waters.

5.                  To improve land records by establishing standards for surveys and plats.

 

Section 1.05 Interpretation

 

1.      Where the conditions imposed by any provision of this Ordinance upon the use of land are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Ordinance or of any other official policy, law, ordinance, resolution, rules, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements, shall govern.

2.      If any article, section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance.

 

Section 1.06 Administration

 

This ordinance shall be administered by the Macoupin County Board as defined herein. The County Board shall have the authority to appoint a Plat Officer and a Subdivision and Planning Committee to assist in carrying out the provisions of this Ordinance.

 

Section 1.07 Plat Not Required

 

The following shall not be considered a subdivision and shall be exempt from the requirements of this Ordinance.

 

1.         The division or subdivision of land into parcels of tracts of five (5) acres or more in size which does not involve any new streets, alleys or easements of access;

 

2.         The subdivision of lots or blocks of less than one (1) acre in any recorded subdivision which does not involve any new streets, alleys or easements of access;

 

3.         The sale or exchange of parcels of land between owners of adjoining and contiguous land;

 

4.         The conveyance of parcels of land or interests therein for use as a right-of-way for railroads or other public utility facilities and other pipe lines which does not involve any new streets, alleys or easements of access;

 

5.         The conveyance of land owned by a railroad or other public utility which does not involve any new streets, alleys or easements of access;

 

6.         The conveyance of land for highway or other public purposes of 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;

 

7.         Conveyances made to correct descriptions in prior conveyances;

 

8.         The sale or exchange of parcels or tracts of land following the division into no more than two (2) parts of a particular parcel or tract of land existing on July 17, 1959 and not involving any new streets, alleys or easements of access.

 

9.         The sale of a single lot of less than five (5) acres from a larger tract when a survey is made by a registered surveyor; provided, however, 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.

 

Section 1.08 Plat Required

 

The Macoupin County Board may require compliance with the Plat Act when substantial development affecting the general health, welfare and well-being warrants such compliance. Reference is hereby made to Section 1.4 Intent and Purpose.

 

Whenever the owner of land subdivides it into two or more parts, any of which is less than five acres, he must have it surveyed and a plat thereof made by a Professional Land surveyor. The plat must describe and set forth all public access ways including, roads, streets and alleys, and also show public facilities and grounds.

 

Section 2 – Rules and Definitions

 

Section 2.01 Rules

 

The rules and definitions contained in this section shall be observed and applied in the interpretation of all other sections therein, except when the context clearly indicates otherwise.

 

1.         Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.

 

2.         The word “shall” is mandatory and not discretionary.

 

3.         The word “may” is permissive.

 

Section 2.02 Definitions

 

Alley

A narrow, dedicated road. More commonly, a way through the middle of a block giving access to the rear of properties.

 

Building Line

  1. A line outside the right-of-way, established by public authority, on the highway side of which the erection of buildings or other permanent improvement is controlled.

 

  1. A line established by law, deed restrictions, or custom, fixing the minimum distance of the exterior face of the building, walls and any other construction from a street or highway right-of-way.

 

County

Whenever the word “County” is used in this Ordinance, it shall be deemed to refer to the County of Macoupin, Illinois.

 

Crosswalks

Crosswalks shall mean a strip of land dedicated to public use, and which is reserved across a block to provide pedestrian access to adjacent areas.

 

Cul-de-sac

A dead-end street which widens sufficiently at the end to permit an automobile to make a “U” turn.

 

Easement

An interest in land owned by another person, consisting of the right to use or control the land, or an area above or below it, for a specific limited purpose.

 

Highway

A general term denoting a public way for purposes of vehicular travel, including the entire area within the right-of-way.

 

Improvement Plans

The engineering plans showing types of materials and construction details for the physical structures and facilities to be installed in, or in conjunction with, the subdivision.

 

Intersection

The general area where two or more highways or streets join or cross within which are included the roadway and roadside facilities for traffic.

 

Lot

A plot of land, generally in a subdivision of a city, town, or village block, or some other distinct tract, represented and identified by a recorded plat.

 

Parcel

Generally refers to a piece of land that cannot be designated by lot number.

 

Subdivision and Planning Committee

The words “Subdivision and Planning Committee” used in this Ordinance shall refer to the Subdivision and Planning Committee of the County Board.

 

Plat

A diagram drawn to scale showing all essential data pertaining to the boundaries and subdivisions of a tract of land, as determined by survey or protraction. A plat should show all data required for a complete and accurate description of the land which it delineates, including the bearings and lengths of the boundaries of each subdivision.

 

Plat, Final

A formal, detailed drawing completed and certified by a Licensed Professional Land Surveyor. It must conform substantially to the preliminary plat which as been approved by the County Board. The Final Plat legally establishes the individual lots and streets. It is submitted to the County Recorder of Deeds for recording after approval by the County Board.

 

Plat, Preliminary

A conceptual, drawing completed by a Licensed Professional Land Surveyor, showing general information on proposed and existing street right-of-ways, easements, lot size and configuration and the location of proposed and existing utilities, and typical road cross-sections. Preliminary Plats are not intended to address and answer all design issues; the purpose of a Preliminary Plat is to raise concerns from county officials which need to be addressed in the Improvement Plans.

 

Plat Officer

“Plat Officer” shall mean a person designated by the Chairman of the County Board to review all deeds and to review all plats and conveyances prior to said documents being recorded and prior to being submitted to the Subdivision and Planning Committee.

 

Right-of-Way

Any strip or area of land granted by deed or easement for the construction and maintenance of streets and other roads.

 

Roadway

The paved part of a highway, including shoulders, for vehicular use, and not the right-of-way width.

 

Street or Road

A right-of-way, other than an alley, dedicated or otherwise legally established for the public use, usually affording the principal means of access to abutting property.  A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, drive, and any other appropriate name.

 

Collector Street

A street which carries or is proposed to carry intermediate (ADT>750) volumes

of traffic from local streets to arterial streets or area service highways.

 

Local Street

A street serving limited (ADT>750) amounts of residential traffic, and used

for access to abutting property.

 

Marginal Access Street

A minor street roughly paralleling an arterial street or highway used for

access to abutting lots.

 

Subdivision, Major 

The division of land in two or more lots for the purpose, whether immediate or future, of transfer of ownership or building development, including all public streets, alleys, easements for public service facilities, parks, playgrounds, school grounds or other public grounds.

 

Subdivision, Minor

The division of land in two but not more than four lots, all of which front upon an existing road and not involving any new right-of-ways, easements or other provision for public areas and facilities.

 

Section 3 – Procedure for Submission and Approval of

Plats and Improvement Plans

 

Section 3.01 Pre-Application Conference

 

Before submitting a preliminary plat the applicant is encouraged to confer with the Plat Officer to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of detailed plats, surveys and other data. The applicant is further encouraged to consult with city officials, county officials, public utility companies, school districts, fire districts, levee districts, road districts and other agencies or districts concerning the availability of services and facilities in the area proposed to be subdivided.

 

The applicant is urged to consult with the County Engineer regarding engineering specifications and requirements for road construction.

 

Section 3.02 Preliminary Plat Procedures

 

A subdivider desiring to subdivide a parcel of land shall file an application with the Plat Officer thirty (30) calendar days prior to the Subdivision and Planning Committee meeting in which the subdivider wishes their application to be heard.  Such application shall include the following:

 

1.      Fourteen (14) copies of the Application for Preliminary Plat Approval, located in Section 6.03, and proposed Protective Covenants and Restrictions, if any.

 

2.      Fourteen (14) copies of the Preliminary Plat and other necessary documentation in accordance with the requirements of Section 3.03.

 

3.      The appropriate submittal fees, as defined in Section 3.23.

 

The Plat Officer shall review the application to determine whether or not it contains the required items. If the application is found to be incomplete, the Plat Officer shall return it to the applicant with an explanation of what items are missing. Upon receipt of a complete application, the Plat Officer shall forward one copy to the County Engineer, one copy to the County Soil and Water Conservation District, one copy to the County Health Department, one copy to the County Clerk, one copy to E911, and eight (8) copies to the Chairman of the Subdivision and Planning Committee.   The Plat Officer shall retain one copy.

 

 

Section 3.03 Preliminary Plat Requirements

 

The preliminary plat to be provided by the subdivider shall meet and include the following information:

 

1.                  Name under which the proposed subdivision is to be recorded.

 

2.                  Small vicinity map showing the relation of the proposed subdivision to existing community facilities which serve or influence it.

 

3.                  Names and addresses of the owner, subdivider, and the Professional Land Surveyor who prepared the Preliminary Plat.

 

4.                  Existing and proposed streets, alleys and rights-of-way on and adjoining the site of proposed subdivision, showing the names and right-of-way widths. Location of pavement, curbs, sidewalks, crosswalks, planting strips and other pertinent data.

 

5.                  Existing boundary lines, showing their lengths and directions.

 

6.                  All lot lines adjacent to and abutting the subdivision, and identification of adjoining lots.

 

7.                  Layout of proposed lots, showing their approximate dimensions, number of lots and their approximate area and identifying lot number.

 

8.                  Areas of land proposed to be dedicated or reserved for schools, playgrounds or other public, semi-public or community purposes.

 

9.                  Location of existing public utilities and drainage ways or facilities within or adjoining the proposed subdivision.

 

10.              Easements, existing and proposed, showing location, widths and purposes.

 

11.              The gross and net area of the proposed subdivision, the area of street right-of-way, and the area of any parcels reserved for the common use of the property owners within the subdivision or for public use.

 

12.              For land that slopes less than one-half percent, show contours at one foot intervals; for land that slopes more than one-half percent show contours at two foot intervals.

 

13.              Location of major water courses, ponding areas, natural drainage ways and flood hazard areas.

 

14.              Preliminary Plat shall be drawn to a scale no smaller than one hundred feet to an inch.

 

15.              North arrow and date.

 

16.              Whenever a large tract is intended to be developed in stages, and only a part of that tract is to be submitted for Final Plat approval, a Preliminary Plat for subdivision of the entire tract shall be submitted with notation made of the part to be next submitted for final approval.

 

17.              When private sewage disposal systems are required, a soils report prepared by a Licensed Soil Classifier shall be submitted with the Preliminary Plat.

 

18.              When private sewage disposal systems are required, a statement of the type of proposed private sewage disposal system to be installed shall be noted on the Preliminary Plat.

 

19.              For minimum lot size see Section 5.05.

 

20.              Certificates required. The following certificates shall be shown on the Preliminary Plat:

 

(a)                A Subdivision and Planning Committee certificate in the following form:

 

Subdivision and Planning Certificate

 

I,                       , Chairperson of the Subdivision and Planning Committee of Macoupin County, hereby certify that this Preliminary Plat meets the requirements of the Macoupin County Subdivision Ordinance, and was recommended by the Subdivision and Planning Committee on                 , 20     .

 

(b)               A Macoupin County Board certificate in the following form:

 

Macoupin County Board Certificate

 

I,                       , Chairperson of the Macoupin County Board, hereby certify that this Preliminary Plat meets the requirements of the Macoupin County Subdivision Ordinance, and was approved by the Macoupin County Board

on                    , 20     .

 

Section 3.04 County Engineer’s Review (Preliminary Plat)

 

The County Engineer shall review the Preliminary Plat and associated documents submitted to him/her by the Plat Officer and shall return a copy of the application to the Plat Officer along with any comments in writing within fifteen (15) calendar days of receipt.

 

Section 3.05 County Soil and Water Conservation District Review (Preliminary Plat)

 

The County Soil and Water Conservation District may review the Preliminary Plat and associated documents submitted to them by the Plat Officer and shall return a copy of the application to the Plat Officer along with any comments in writing within thirty (30) calendar days of receipt.  A fee may be required by the Soil and Water Conservation District.

 

Section 3.06 County Health Department Review (Preliminary Plat)

 

The County Health Department shall review the Preliminary Plat and associated documents submitted to them by the Plat Officer and shall return a copy of the application to the Plat Officer along with any comments in writing within fifteen (15) calendar days of receipt.

 

Section 3.07 County Clerk Review (Preliminary Plat)

 

The County Clerk shall review the Preliminary Plat and associated documents submitted to him/her by the Plat Officer and shall return a copy of the application to the Plat Officer along with a statement in writing to the effect that there are no unpaid taxes found for the parcel shown on the Preliminary Plat. Said statement and application shall be returned within fifteen (15) calendar days of receipt.

 

Section 3.08 Subdivision and Planning Committee Review (Preliminary Plat)

 

The Plat Officer shall, upon receipt, forward to the Chairperson of the Subdivision and Planning Committee the following:

 

1.      Eight (8) copies of the application and the Preliminary Plat and associated documents.

 

2.      Eight (8) copies of comments submitted to him/her by the County Engineer under Section 3.04.

 

3.      Eight (8) copies of comments submitted to him/her by the County Soil and Water Conservation District under Section 3.05.

 

4.      Eight (8) copies of comments submitted to him/her by the County Health Department under Section 3.06.

 

5.      Eight (8) copies of comments submitted to him/her by the County Clerk under Section 3.07.

 

The Chairperson of the Subdivision and Planning Committee, upon receipt shall submit one copy each of the five foregoing documents to the members of the Subdivision and Planning Committee and place the Proposed Subdivision on the agenda for the next regularly scheduled Subdivision and Planning Committee meeting.

 

The members of the Subdivision and Planning Committee upon receipt shall review the foregoing documents submitted to them by the Chairperson of the Subdivision and Planning Committee, and have ready comments in writing to be submitted and discussed at the next regularly scheduled Subdivision and Planning Committee meeting.

 

The Subdivision and Planning Committee shall at the next regularly scheduled Subdivision and Planning Committee meeting discuss the Proposed Subdivision and determine whether the Preliminary Plat shall be recommended as submitted, shall be recommended subject to certain conditions or modifications, or shall not be recommended.

 

If the Preliminary Plat is NOT RECOMMENDED, the Subdivision and Planning Committee shall furnish within thirty (30) calendar days a written statement to the applicant specifying the reasons for disapproval.

 

If the Preliminary Plat is RECOMMENDED CONDITIONALLY, the Subdivision and Planning Committee shall submit one copy of the endorsed Preliminary Plat recommending to the County Board, at the next regularly scheduled meeting, that the Preliminary Plat be approved by the County Board contingent upon the conditions set forth by the Subdivision and Planning Committee.  Said conditions shall be disposed of by the subdivider prior to submission of the Final Plat.

 

If the Preliminary Plat is RECOMMENDED, the Subdivision and Planning Committee shall submit one copy of the endorsed Preliminary Plat recommending to the County Board, at the next regularly scheduled meeting, that the Preliminary Plat be approved by the County Board.

 

Section 3.09 County Board Review and Action (Preliminary Plat)

 

The County Board shall at the next regularly scheduled Board meeting review the Proposed Subdivision and determine whether the Preliminary Plat, along with the recommendation from the Subdivision and Planning Committee, shall be approved as submitted, shall be approved subject to certain conditions or modifications, or shall be disapproved.

 

If the Preliminary Plat is DISAPPROVED, the County Board shall furnish within thirty (30) calendar days a written statement to the applicant specifying the reasons for disapproval and the corrective action needed to be taken to obtain approval.

 

If the Preliminary Plat is APPROVED CONDITIONALLY, the County Board shall furnish one copy of the endorsed Preliminary Plat and a written statement within thirty (30) calendar days, outlining the conditions which need to be disposed of prior to submittal of the Final Plat, to the applicant.

 

If the Preliminary Plat is APPROVED, the County Board shall furnish one copy of the endorsed Preliminary Plat within thirty (30) calendar days to the applicant.


Section 3.10 Improvement Plan Procedures

 

After the preliminary plat is approved, Improvement Plans shall be approved by the County Engineer.  No subdivider shall proceed with any construction work in the project area before obtaining the final plat approval.  In Minor subdivisions, if in the opinion of the County Engineer this requirement is unnecessary, the County Engineer may waive the Improvement Plan requirements.

 

A subdivider desiring to secure formal action on the Improvements Plans must submit the following:

 

1.