Subdivisions

CHAPTER 18
SUBDIVISIONS

Sec. 18-1. DEFINITIONS.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
a) Plans. The term “plans of the Board of Trustees,” “the comprehensive plan,” “adopted segments of the comprehensive plan,” “adopted plans,” and “Plan” and all such terms as used herein mean plans adopted into law by the Village Board under Illinois Revised Statutes, Chapter 24.
b) “Subdivision” means the initial division of a parcel of land into two or more parts, any of which parts is less than five acres, for the purpose of ownership, transfer, or building development; or, if a new street is involved, any division of a parcel of land. The term includes any division of land that attempts to avoid the requirements of this regulation. Where appropriate to the context, the term shall relate to the process of subdividing or to the land subdivided. The term subdivision as used herein shall also apply to all mobile home parks proposed for future development.
c) “Village of New Milford Board of Trustees” shall be referred to as the Village Board.

Sec. 18-2. INTERPRETATION, PURPOSE, AND EFFECT OF REGULATION.
a) The provisions of this regulation shall be held to be minimum requirements, adopted to promote the health, safety, and convenience of the public and lessen congestion and further the orderly layout and the use of land, and facilitate adequate provision for transportation, water, sewage, schools, parks, playgrounds, and other public requirements.
b) It is not intended by this regulation to repeal or impair any existing easement, covenant or agreement between parties, or permits previously adopted or issued pursuant to the resolutions of the Village and statutes of the state; provided, however, that where this regulation imposes a greater restriction upon the development of the land than required by other rules, regulations or permits, the provisions of this regulation shall govern.
c) Where this regulation imposes a greater restriction than imposed or required by the provisions of existing ordinances, resolutions, rules, and other regulations, this regulation shall control. Where provisions of existing ordinances, resolutions, rules, or other regulations impose greater restrictions than imposed or required by this regulation, such provisions shall control. All provisions in existing resolutions, rules, or regulations in conflict with this regulation are hereby repealed.

Sec. 18-3. OFFICE OF PLAT OFFICER CREATED: POWERS AND DUTIES:
a) The office of the Plat Officer is hereby created. The Village Engineer shall serve as the Plat Officer of the Village or any individual appointed by the Village President with approval of the Village Board.
b) Every proposed final subdivision of land within the platting jurisdiction of the Village shall be submitted to the Village Board for its approval prior to the final recording of a map or plat of such subdivision; no such map or plat of subdivision shall be recorded unless it has been so approved.
c) The Plat Officer shall approve the final plat and execute the certificate required by Section 10 (f) of this regulation only upon approval of the plat by the Village Board.

Sec. 18-4. BOARD OF TRUSTEES REVIEW.
The Board of Trustees, pursuant to Chapter 24 of the Illinois Revised Statutes and the Code of Ordinances for New Milford, shall review and make recommendations on all tentative plats.

Sec. 18-5. APPROVAL PRIOR TO RECORDING.
Subdivisions. Every intended subdivision of land within the platting jurisdiction of the Village shall be submitted to the Plat Officer of the Village of New Milford for approval according to the provisions of this regulation prior to the final recording of a map or plat of such subdivision, except where otherwise permitted by this regulation. No such map or plat of subdivision shall be entitled to record or have validity until it has been so approved, except when otherwise permitted by this regulation.

Sec. 18-6. VARIATIONS.
In order to promote the best possible development and use of land, the Plat Officer and the Village Board shall interpret the standard, provisions, and specifications contained in this regulation liberally and in favor of the community interest.
Variations from these standards, provisions, and specifications shall be recommended and granted when it is demonstrated to the satisfaction of the Plat Officer and Village Board that such variation will bring about a logical and desirable result than obtained by strict compliance.
a) A request for variation shall be filed by the owner or developer of the proposed subdivision with the Plat Officer. The Plat Officer shall refer the request, together with his recommendation, to the Village Board for decision. The request shall be in writing and shall state specifically what variation bough and the community’s interest in granting the variation.
b) Upon application of the owner or developer, a tentative plat that has been disapproved by the Plat Officer, or a tentative plat upon which no action has been taken for ninety (90) days by the Plat Officer, shall be submitted to the Village Board for its tentative decision. The Village Board shall approve or disapprove the tentative plat as submitted, approve it with conditions, or disapprove it.

Sec. 18-7. PROHIBITION OF SUBDIVISION.
Any person, firm, or corporation shall subdivide or subdivide any parcel of land within the corporate limits of the Village or within one and one-half (1 1/2) miles of said corporate limits but not within the corporate limits of any other municipality or within the jurisdiction of another municipality acting pursuant to the Illinois Revised Statutes, unless a subdivision plat has been reviewed by the Board of Trustees, with recommendation for approval by the Plat Officer and approved by the President and Board of Trustees of the Village as stated by this regulation. Exemptions to this established procedure are as stated in Section 18-8.

Sec. 18-8. EXEMPTIONS.
EXEMPTION A
The following shall be exempt from the platting and procedural requirements of this regulation:
a) The division of land into parcels, each greater than five (5) acres in size and which does not involve any new streets or easements of access.
b) The sale or exchange of parcels of land between owners of contiguous and adjoining land.
c) The conveyance of parcels of land or interests therein for use as a right of way for railways or other public utility facilities, which does not involve any new streets or easements of access.
d) 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 public use.
e) Conveyances made to correct descriptions in prior conveyances.
EXEMPTION B
The following shall be exempt from the platting and procedural requirements of this regulation except that a Boundary Map and pertinent standards of this subsection shall apply.
a) The division of land into two (2) parcels, either of which is less than five (5) acres and which does not involve any new streets or easements of access.
b) The division of a lot of less than one acre in a recorded subdivision that does not involve any new street or easement of access, provided that the division complies with the regulations of the Zoning Ordinance.
c) The sale or exchange of portions of a lot of less than one acre in a recorded subdivision that does not involve any new street or easement of access, provided that the portion of a lot to be sold or exchanged complies with the regulations of the Zoning Ordinance.
d) The sale or exchange of portions of parcels of land less than five (5) acres between owners of contiguous and adjoining land.
BOUNDARY MAP. The boundary map shall be prepared by a registered Illinois Land Surveyor.
a) Such boundary map shall be drawn with waterproof nonfading black ink on tracing cloth or good quality tracing paper. Acceptable boundary map dimensions are eight and one-half (8 1/2″) inches wide by eleven (11″) inches long, eight and one-half (8 1/2″) inches wide by fourteen (14″) inches long, or a size acceptable to the Winnebago County Recorder. No such boundary map shall be entitled to record or have validity until it has been signed by the Plat Officer. The Plat Officer shall keep a copy of such boundary map. After two such boundary maps dividing a tract of land in one ownership at the time of passage of this regulation have been signed by the Plat Officer, he shall not sign another boundary map dividing such land. Further division of such land shall be recorded only by means of a map or plat of subdivision as provided in this regulation which map or plat of subdivision shall include all parcels previously divided off by such boundary map.
b) Where possible, all street right-of-way widths shall be a minimum of sixty-six (66) feet.
A boundary map of property adjacent to a street with insufficient right-of-way shall show on the face thereof additional right-of-way. The additional right-of-way shall be determined by the Plat Officer. A deed and a title policy guaranteeing Village ownership of said property shall be transmitted with the boundary map to the Plat Officer. The Plat Officer shall retain the title policy and record the deed.
Exceptions to this requirement shall be determined by the Village Board based on the evidence presented by the property owner that the community interest would not benefit.
c) The boundary map shall be endorsed by the Winnebago County Health Department of Health Office with respect to all sewer and water facilities certifying that same comply with all rules, regulations, and requirements of local government, regional, state, and national authorities.
d) Prior to approval, at the discretion of the Plat Officer, the boundary map may be referred to any utility or other agency involved.
e) A copy of the recorded boundary map shall be made available to the Plat Officer by the property owner, Registered Land Surveyor, or representative of same.
f) The following certificates and affidavits shall appear on the boundary map:
(1) CERTIFICATION BY SURVEYOR
(Legal Description)
“I hereby certify that I have surveyed the above-described property for the purpose of locating the boundaries and
corners thereof and that the attached plat is a true and correct representation of said survey. Dimensions are given in feet and decimals of a foot unless otherwise specified.”
Given under my hand and seal this _____, day of ________, A.D. 20___

_____________________________
Registered Land Surveyor No. _____________________________

(2) CERTIFICATION BY COUNTY CLERK
“I______________________________, County Clerk of Winnebago County in the State of Illinois, DO HEREBY CERTIFY that I find no delinquent general taxes, delinquent special assessment or unpaid current special assessment against the land described in this boundary map.”
“In witness whereof, I have hereunto set my hand and the seal of the County of Winnebago this _______ day of __________, A.D. 20____.”

_____________________________
COUNTY CLERK

(3) CERTIFICATION BY VILLAGE ENGINEER
“Approved by the Village of New Millford Plat Officer, this _____ day of _______________, A.D. 20____.”

_____________________________
Village Engineer
PLAT OFFICER

(4) CERTIFICATION BY COUNTY RECORDER
“Filed for record this ______ day of ______________, 20___ A.D. at _______________ o’clock ___.M., Recorded in Book _____________ of Plats, Page _________ and examined.”

Document Number___________
_____________________________
COUNTY RECORDER

The Village Engineer shall review and examine all plat and site plans within the jurisdictional limits of the Village of New Milford to ensure conformity with the principals, standards, and requirements set forth in the Subdivision Control Ordinance and Codes of the Village of New Milford, Illinois.
Review and examination shall include, but not be limited to, preliminary subdivision plats, commercial site plans, industrial site plans, and apartment site plans. The cost incurred by the Village of New Milford from the Village Engineer shall, upon the Engineer’s completion, be reimbursed to the Village by the developer, project owner, or site owner.
Sec. 18-9. VACATION OF RECORDED PLATS OR PARTS OF RECORDED PLATS.
a) PROCEDURE. The vacation of plats or parts of plats shall follow the procedure required for final plats of subdivisions. Final approval of an instrument of vacation shall, however, be automatically referred to the Village Board.
The Plat Officer shall transmit to the Village Board, along with its recommendation on the instrument of vacation; (1) A statement of fact explaining the grounds for its recommendation and (2) a recommendation respecting the monetary remuneration to be paid to the Village Treasurer in the consideration of any public property involved in the vacation.
Instruments of vacation not approved by the Plat Officer shall, upon the request of the petitioner, be submitted to the Village Board with the reasons for disapproval. After reviewing the evidence, the Village Board may determine the monetary remuneration to be paid in consideration of public property, if any involved in the vacation, and direct the Plat Officer to certify approval of the instrument of vacation.
b) STANDARDS. Vacation shall not be approved that creates conditions that would not be permitted under the requirements of this regulation in newly created subdivisions unless such vacation would at the same time correct other and more serious conditions detrimental to the public health, safety, comfort, morals, and the general welfare. No vacation shall be approved unless it provides easements for existing public utilities within the confines of the vacated area.
c) FORM. The instrument of vacation shall consist of:
1. A written description, referring to an attached copy of the recorded plat, of the plat or part thereof to be vacated,
and a written statement declaring the same to be vacated.
2. An attached copy of the recorded plat, all or a part of which is to be vacated. If only part of the plat is to be vacated, such part shall be shaded and outlined with a heavy line.
3. The following certificates are duly executed:
(a) CERTIFICATION BY OWNER:
Certification by the owners shall include all of the owners of land in and adjacent to and contiguous to the part of the plat to be vacated.
“As the owner to the following described property, to-wit (description by reference to attached plat I (we) hereby petition the Village Board of Trustees of the Village of New Milford, Illinois, to approve the above-described vacation.”
__________________________________
(Owner) (Parcel) (Date)

(b) CERTIFICATION BY NOTARY PUBLIC:
“I, ______________________, a Notary Public in and for the County of Winnebago, in the State of Illinois do hereby certify that _________________________ personally known to me to be the same person(s) whose name(s) is (are) subscribed to the foregoing instrument, appeared before me this day in person and delivered said instrument and (severally) acknowledged that he (they) signed, sealed as his (their) free and voluntary act for the uses and purposes herein set forth.”
“Given under my hand and Notarial Seal this _____ day of______________, A.D. 20____.
__________________________________
NOTARY PUBLIC

(c) CERTIFICATION BY THE VILLAGE ENGINEER:
“I hereby certify that this vacation is approved.”
__________________________________
VILLAGE ENGINEER Date

(d) CERTIFICATION BY VILLAGE CLERK:
“This is to certify that the Board of Trustees of the Village of New Milford did, at its meeting of the _____ day of _____________, 20____, approve the annexed vacation and direct the Village Plat Officer to certify final approval for and in the name of the Village of New Milford in the State of Illinois, upon evidence of a receipt of the Village Treasurer in the amount of $_____________________.”
__________________________________
VILLAGE CLERK

(e) CERTIFICATION BY THE VILLAGE PLAT OFFICER:
“The annexed vacation is hereby approved this _____ day of ______________, 20____.”
__________________________________
PLAT OFFICER

(f) CERTIFICATION BY THE COUNTY SUPERINTENDENT OF HIGHWAYS
“The annexed vacation is hereby approved this _______ day of __________________, 20____.”
__________________________________
COUNTY SUPERINTENDENT OF HIGHWAYS

(g) CERTIFICATION BY THE DISTRICT ENGINEER OF ILLINOIS DEPARTMENT OF TRANSPORTATION:
“The annexed vacation is hereby approved this ______ day of ________________, 20____.”
__________________________________
DISTRICT ENGINEER OF THE ILLINOIS DEPARTMENT OF TRANSPORTATION
(h) CERTIFICATION BY PUBLIC UTILITY INVOLVED:
“I, ______(office)_______, of (Name of Public Utility) , hereby approve the annexed vacation this _____ day of _______________, 20____.”
__________________________________
(State capacity with the public utility)

(i) FORM FOR CERTIFICATION OF RECORDING OFFICIAL:
“Filed for record this ______ day of ________________, 20____, at ____________ o’clock ___M. Recorded in Book _______ of Plats. Page ___________ and examined.”
__________________________________
COUNTY RECORDER
Document Number _____________

d) FEES. A fee for the vacation of streets or alleys shall be paid by the petitioner, such fee to be paid for each square foot of land sought to be vacated, multiplied by the average of the full fair cash market value per square foot of the premises adjacent thereto. Such full fair cash market value shall be that currently used for tax assessment purposes. A fee of one dollar ($1.00) per lot or sub-lot shall be paid by the petitioner seeking vacation of lots or sub-lots. All such vacation fees shall be paid to the Village Treasurer before final approval is certified by the Plat Officer.
e) RESUBDIVISION IN LIEU OF VACATION. It shall not be necessary to vacate a plat or part thereof in order to proceed with a subdivision of such plat or part thereof. Resubdivision according to the procedure and standards for subdivision required by this regulation shall automatically constitute vacation of a prior plat or part thereof; provided that monetary remuneration shall be paid to the Village Treasurer in consideration of the excess of public property vacated over that rededicated in the report, and provided further that any such subdivision shall not vacate any prior public utility easement arising from a prior plat or separate grant of easement.
f) CANCELLATION OF BONDED CONTRACTS. Bonded contracts for the improvement of platted streets or alleys shall be automatically canceled upon vacation of such platted streets or alleys.

Sec. 18-10. PROCEDURE.
Except as outlined in Section 18, the procedure detailed in this section shall be followed by subdividers in order to gain official approval for and recording of subdivision layout.
a) ZONING. Final approval shall not be granted to a subdivision unless it complies with all requirements of the Winnebago County Zoning Ordinance with the consent of the Board of Trustees for the Village of New Milford.
b) PRELIMINARY CONFERENCE. The subdivider shall contact the Plat Officer in order to schedule a preliminary conference about his particular intentions and problems. A sketch map showing the following information shall be brought to such conferences:
1. The boundaries of the property to be subdivided, existing easements and covenants affecting the property, land characteristics, such as natural drainage, swamp areas, wooded areas, and development characteristics such as surrounding streets, existing buildings, available community sewer, water, and other utilities.
c) TENTATIVE PLAT APPROVAL. Within six (6) months following the Plats Officer conference or such greater time as the Plat Officer designates, the subdivider may submit a tentative plat or map of subdivision and fifteen (15) reproductions thereof to the Plat Officer for conditional approval. The Plat Officer shall refer reproductions of the plat to any or all of the following review agencies as appropriate:

Upon receipt of the above review agency comments, the Plat Officer shall schedule the tentative plat on the next available Board of Trustees for the Village of New Milford agenda for review and comment. In addition, to review agency concerns and Plats Officer recommendations, conditional approval of a tentative plat shall be granted by the Plat Officer upon conformity with all pertinent laws, rules, regulations, and particularly with the technical requirements of Section 12.
Conditional approval shall be construed to be an expression of approval of the general layout submitted on the tentative plat as a guide to the preparation of the final plat and to be an assurance to the subdivider that his final plat will be approved if it conforms to the terms and conditions of the approved tentative plat.
d) TENTATIVE PLAT FORM & CONTENT. The tentative plat shall show the proposed layout for the whole tract of land owned or controlled by the subdivider and for any adjacent land, the design of which is dependent upon such tract. The tentative plat shall be drawn or printed on paper twenty-four (24) inches wide by thirty-six (36) inches long at a minimum scale of one hundred (100) feet to one inch unless otherwise approved by the Plat Officer. The tentative plat shall show or be accompanied by the following information:
1. TITLE AND CERTIFICATES. Name under which proposed subdivision is to be recorded, location and position by quarter section, section, township, range, county, and state; names and addresses of the subdivider; notation slating scale, north arrow, and the following certificate:
“State of Illinois
Village of New Milford
Approved by ___________________ Village Plat Officer this _____ day of __________________, 20____A.D.”
2. TOPOGRAPHIC DATA AND DESCRIPTIONS OF EXISTING CONDITIONS.
a. Boundary lines. Approximate angles and distances with reference to a United States land survey corner.
b. Easements. Location, width, and purpose of easements and other existing restrictions, reservations, or covenants.
c. Streets on and adjacent to or extending from the tract. Name and right-of-way widths and locations; walks, curbs, gutters, culverts, and building setback lines.
d. Utilities existing on and adjacent to the tract. Location and size of sanitary and storm sewers; location and size of water mains; location of gas lines, fire hydrants, and electric and telephone lines. If water mains and sewers are not on or adjacent to the tract, indicate the direction and distance to and size of the nearest ones.
e. Ground elevations on the tract. Based on the U.S.G.S. datum plane benchmark or based on-a located concrete monument from which the datum plane is taken. Land that slopes less than approximately two percent shows spot elevations at all breaks in grade, along all drainage channels or swales, and at selected points not more than one hundred feet apart in all directions. For land that slopes more than approximately two percent, showing two-foot contour intervals.
f. Other conditions on the tract. Watercourses, marshes, areas subject to inundation, rock outcrop, wooded areas, isolated preservable trees (one foot or more in diameter), houses, barns, shacks, and other significant features.
g. Other conditions on adjacent land. The approximate direction and gradient of the ground slope, including any embankments or retaining walls (this can be shown on a small map at a convenient scale or on the location map); character and location of buildings, railroads, power lines, towers, and other nearby non-residential land uses or adverse influences.
h. Proposed public improvements. Highways or other major improvements planned by public authorities for future construction on or near the tract according to the information received from the Village Engineer at the preliminary conference.
i. Location map. A small-scale drawing of the section in which the subdivision is situated and showing the location of the subdivision. This map shall show any lake or stream or the portion thereof to which access is provided from the subdivision, indicating the relation of the subdivision thereto.
j. Subsurface conditions on the tract. Location and results of tests made to ascertain subsurface soil, rock, and groundwater conditions.
3. ALL PROPOSALS OF THE SUBDIVIDER, including;
a. Streets. Names; right-of-way and roadway widths; similar data for alleys, if any.
b. Rights-of-way of easements. Location, width, and purpose.
c. Lot lines and approximate dimensions.
d. Sites, if any, for the following: Multi-family dwellings, shopping centers, churches, industry, and other uses exclusive of single-family dwellings.
e. Minimum building setback lines.
f. Site data. Tabulation of gross area, street area, not subdivided area, the total number of lots, average lot size, typical lot dimensions, and lineal feet of streets.
g. Sites to be reserved or dedicated for parks, playgrounds, or other public uses.
h. A draft of any protective covenants by which the subdivider may propose to regulate land use in the subdivision and otherwise to protect the proposed development.
4. OTHER TENTATIVE PLANS. When required by the Village Board, the tentative plat should be accompanied by profiles showing the ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision, typical cross sections of the proposed grading, roadway, and sidewalk, and tentative plan of proposed water mains, sanitary and storm sewers with approximate grades and sizes indicated. All elevations shall be based on the U.S.G.S. datum.
a. The Village Engineer shall review all construction plans and specifications within the jurisdiction limits of the Village of New Milford, Illinois, for conformity to the preliminary plat, site plan, and Village Codes. Principals and provisions set for in the Subdivision Control Ordinance will be reviewed for compliance. The cost incurred by the Village of New Milford from the Village Engineer shall, upon the Engineer’s Completion, be reimbursed to the Village by the developer, project owner, or site owner.
e) FINAL PLAT APPROVAL. Within one year of conditional approval, or such greater time as the Village Board may designate, the subdivider may submit an intended final plat or map of subdivision and ten (10) reproductions thereof to the Plat Officer. The final plat, which may constitute only that portion of the tentative plat that the subdivider proposes to record and develop at the time, shall be accompanied by a fee of one dollar ($1.00) for each lot, sublet, or tract of land shown upon final plat, but in no event shall the total fee be less than ten dollars ($10.00).
Final approval of a final plat shall be granted by the Village Board on the basis of its conformity with the tentative plat as approved, with all pertinent laws, rules, regulations, and particularly with the technical requirements of Section 12.
f) RECORDING FILING. A final plat approved by the Village Board and signed by the Plat Officer shall be filed with the County Recorder within five (5) working days of such approval.
Two paper prints of the recorded plat shall be provided by the developer to the Plat Officer within thirty (30) days of the time of recording.
g) FINAL PLATFORM AND CONTENT. The final plat shall be drawn with waterproof non-fading black ink on tracing cloth measuring twenty-four (24) inches by thirty-six (36) inches or twenty-four (24) inches by twenty-one and one quarter (21 1/4) inches at a scale of one hundred (100) feet to one (1) inch or larger. Variation in scale may be allowed when permitted by the County Recorder and where necessary for a proper exhibit of a subdivision. When more than one sheet is used for anyone plat, they shall be numbered consecutively, and each sheet shall contain a notation showing the whole number of sheets in the plat and its relation to other sheets. Linear dimensions shall be given in feet and decimals of a foot. The final plat shall show on the face thereof:
1. The name of the plat such name does not duplicate the name of any plat previously recorded in Winnebago County.
2. The location and position of the subdivision are indicated in each of the following ways:
a) By quarter-quarter section, section, township, range, county, and state.
b) By distances and bearings from true north or angles with reference to a corner or corners established in the United States Public Land Survey.
c) By a written legal description of the exterior boundaries of the land as surveyed and divided.
3. An arrow indicating north; a graphic scale; date of preparation.
4. Notations in their proper places of all monuments erected, corners and other points established in the field, and the materials of which such monuments, corners, and other points are composed.
5. Sufficient surveying data to close the survey and to reproduce any line on the ground. The error of linear closure shall be not more than one (1) in five thousand (5000).
6. A graphic presentation of all streets, alleys, blocks, lots, parcels, and public grounds into which the land is divided and of all easements and rights-of-way.
7. The length of boundary lines of all streets, alleys, blocks, lots, parcels, public grounds, easements, and rights-of-way or enough information so that the length of these lines can be derived by a simple calculation. Where a boundary line is an arc of a circle, the length of the chord shall be shown.
8. The widths of all streets, alleys, easements, and rights-of-way.
9. A graphic presentation of the minimum building setback lines on all lots and parcels and a notation of the distance between such lines and the street right-of-way line.
10. The area of each lot or parcel containing an area of one (1) acre or more.
11. Consecutive numbers on all lots throughout plat.
12. The name of each street, printed on the graphic representation of each street, and an appropriate label designating all other easements, rights-of-way, setback lines, and dedications.
13. Abutting street lines of adjoining subdivisions, shown in their correct locations by dashed lines.
14. The water elevation of adjoining lakes or streams at the date of the survey and a graphic presentation, as well as a notation of the high water marks of such lakes or streams; all elevations referring to the Rockford datum plan when within one (1) mile of a Rockford or U.S.G.S. datum plane benchmark, or to a located concrete monument from which the datum plane is taken. Include lines and elevation indicating the 100-year flood plain boundary as designated by the Federal Emergency Management Agency.
h) CERTIFICATES, ETC., ON FINAL PLAT.
The following certificates and affidavits shall appear on the final plat. They must be duly signed by the appropriate person before the plat is entitled to record.

1) CERTIFICATION BY THE SURVEYOR:
“I hereby certify that, at the request of the owners, I have surveyed and subdivided according to the annexed plat ____________ of _____________________ subdivision; a part of the _____________ quarter of the ______________ quarter of section _______________ township _______________ north, range ________________ East of the ______________ principal Meridian, bounded and described as follows:”
(Legal Description)
“Dimensions are given in feet and decimals of a foot iron pin 3/4 inch in diameter and 4 feet long have been found or set at all points marked on the plat with a _______________, and iron pins 5/8 inch in diameter and 3 feet long have been found or set at all other lot corners. Dimensions along curved lines represent a chord measurement.”
“I further certify that the land above described is situated within the incorporate Village of New Milford, Illinois.”
“I further certify that (no) part of this plat to be recorded is situated within 500 feet of any surface drain or watercourse serving a tributary area of 640 acres or more.
“Given under my hand and seal this _____ day of __________,A.D. 20____.”
_____________________________
Illinois Land Surveyor
Registered Land Surveyor No._______

2) CERTIFICATION OF DEDICATION BY PROPERTY OWNER:
“As the owner(s), I (we) hereby certify that I (we) have caused the land described in the foregoing affidavit of the surveyor to be surveyed, divided, and mapped as presented on this plat. All streets, alleys, walkways, parks, playgrounds, and school sites shown on this plat are hereby dedicated to the public purposes, and all easements shown are subject to the provisions of the easement hereon.”
_____________________________
Owner(s)

3) CERTIFICATION BY NOTARY PUBLIC:
“I, _____________________, a Notary Public in and for the County of Winnebago, in the State of Illinois do hereby certify that __________________________ personally known to me to be the same person(s) whose name(s) is (are) subscribed to the foregoing instrument, appeared before me this day in person and delivered said instrument and (severally) acknowledged that he (they) signed, sealed as his (their) free and voluntary act for the uses and purposes herein set forth.”
“Given under my hand and Notarial Seal this _____ day of ______________, A.D. 20_____.
__________________________________
NOTARY PUBLIC

4) CERTIFICATION BY VILLAGE CLERK:
“This is to certify that the Board of Trustees of the Village of New Milford did, at its meeting of the _____ day of _____________, 20_____, approve the annexed vacation and direct the Village Plat Officer to certify final approval for and in the name of the Village of New Milford in the State of Illinois, upon evidence of a receipt of the Village Treasurer in the amount of $_____________________.”
_____________________________
VILLAGE CLERK

5) EASEMENT PROVISION:
‘”An easement, is hereby reserved for and granted to the designated governmental bodies and public utilities or cable television companies with the necessary authorizations and/or franchises and their respective successors and assigns within the area as shown by dotted lines on the plat and marked “Easement”, to install, lay, construct, renew, operate and maintain storm and sanitary sewers, pipes, conduits, cables, poles, and wires, overhead and underground, with all necessary braces, guys, anchors and other equipment for the purpose of serving the subdivision and other properties with telephone, electric, gas, and other utility service or cable television service; also they are hereby granted, subject to pertinent Village Ordinances, the right to use the streets for said purposes, the right to install required service connections over or under the surface of each lot to enter upon the subdivided properties for all such purposes, and the right to enter upon the lots at all times to install, lay, construct, renew, operate, and maintain within said easement area said storm and sanitary sewers, pipes, conduits, cables, poles, wires, braces, guys, anchors and other equipment and finally the right is hereby granted to cut down and remove or trim and keep trimmed any trees, shrubs or saplings that interfere with any of the said public utility equipment or cable television equipment installed on said easement. No permanent buildings or trees shall be placed on said easement, but same may be used for gardens, shrubs, landscaping, and other purposes that will not then or later interfere with the aforesaid uses or rights herein granted.”

6) CERTIFICATION BY PLAT OFFICER:
“All streets shown herein have been graded, drained, and surfaced, and all drainage structures have been built, as required, or have been provided for by bond contract or escrow agreement approved by the Board of Trustees.
“Dated this _____ day of _______________ , A.D. 20_____”
____________________________
VILLAGE PLAT OFFICER

7) CERTIFICATION BY PRESIDENT OF THE BOARD OF TRUSTEES:
“This is to certify that the Board of Trustees of the Village of New Milford, Illinois has reviewed and approved the annexed plat of ___________________ and hereby authorizes it to be recorded.”
“In witness whereof, I have hereunto set my hand this _____ day of _______________ A.D. 20_____”
_____________________________
PRESIDENT OF THE BOARD OF TRUSTEES

8) CERTIFICATION BY COUNTY RECORDER
“Filed for record this ______ day of ________________, 20_____, at ______________ o’clock __M. Recorded in Book _______ of Plats, Page ___________ and examined.”
_____________________________
COUNTY RECORDER
Document Number ______________

9) CERTIFICATION BY LIEN HOLDER:
“As lien holder(s) of record, I (we), on behalf of myself (ourselves), successors, and assigns, hereby join in the dedication to the public for public purposes of all streets, alleys, walkways, parks, playgrounds, and school sites shown on this plat, and further join in the dedication of all easements shown on this plat subject to the easement provisions hereon.”
____________________________
LIEN HOLDER

10) CERTIFICATION BY VILLAGE ENGINEER:
“Facilities and structures for the orderly runoff or detention of rain and melting snow have been designed in accordance with the “Storm Water Detention Regulation” of the Village for this subdivision and have been approved by the Village Engineer.”
_____________________________
NAME
Illinois Registered Professional Engineer No. ____________

Sec. 18-11. REQUIRED IMPROVEMENTS:
After conditional approval has been granted, but before the final plat is submitted for final approval, the subdivider shall either: (1) install all improvements specified in this section; or, (2) deliver to the Village Board in duplicate a signed contract covering all such improvements and an acceptable surety bond guaranteeing the completion of such improvements contracted for within three years from the date of such contract; or, (3) an escrow agreement placing 115% of the estimated cost of labor and materials for the improvement (as approved by the Village Engineer) in a bank account whereby the improvement is guaranteed to be installed within a given time limit or else the Village may use said funds in escrow to contract for the installation of said improvements; or, (4) an undertaking in Lieu of a Completion Bond to be executed by the developer to establish the relationship and obligations between the Village and Irrevocable Letter of Credit in a form to be approved by the Village Attorney, whereby the Undertaking in Lieu of a Completion Bond and Irrevocable Letter of Credit will cover 115% of the estimated cost of the labor and materials for the improvement (as approved by the Village Engineer). Vacation of a plat or of a portion of a plat will dissolve the corresponding bond obligation, escrow, Undertaking in Lieu of Completion Bond  Providing for an Irrevocable Letter of Credit, or portion thereof, or any surety approved by the Village Board.

SUBDIVIDER’S UNDERTAKING IN LIEU OF COMPLETION BOND WITH THE VILLAGE OF New Milford, ILLINOIS

KNOW ALL MEN BY THESE PRESENTS, that ____________________, (Subdivider or Corporate name) whose address is:______________________________________________ is hereinafter referred to as “SUBDIVIDER” is hereby bounded to the Village of New Millford, hereinafter referred to as “VILLAGE” in the penal sum of __________________________________
($____________) lawful money of the United States of America, for payment of which it does here bind itself and its successors and assigns firmly by these presents.
WHEREAS, Subdivider, has agreed to construct all public improvements located in Plat___________ (Number) of _____________________  (Title) in accordance with the Village Subdivision Ordinance and specifications as approved by the Village of New Milford, and as set forth on the Cost Estimate prepared by __________________ (Project Engineer)
as Job No.____, a copy of which is attached hereto and made a part hereof.
NOW, THEREFORE, the condition of his obligation is such that if Subdivider shall construct all public improvements
located in Plat______________ (Number) of _________________ (Title) in accordance with the Village Subdivision Ordinance and the plans and specifications as approved by the Village, and as set forth on the attached Cost Estimate prepared by ________________________,(Project Engineer) dated _________________, 20____, Job No._________, and shall save the Village harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void; otherwise, it shall remain in full force and effect, and it shall be secured, as surety, by an Irrevocable Commercial Letter of Credit in the amount of _____________________________ ($___________), No._______, dated: _____________, 19___, from ____________________________________, (Name of Financial Institution) a copy of which is also attached hereto, and the conditions of which are hereby incorporated herein and made a part hereof.
The principal of this Bond, _______________________________ (Subdivider or Corporate Name) further agrees as follows:
1. An Irrevocable Letter of Credit in the amount of 115 percent of the cost estimate as set forth in the attached
Exhibit “A”, prepared by _________________________ (Project Engineer), as approved by the Village Engineer, shall be furnished by the Subdivider to complete all the work as hereinabove guaranteed.
Subdivider guarantees the workmanship and materials of said above-listed improvements to be installed upon the site for a period of one year after official acceptance by the Village.
The Irrevocable Letter of Credit shall terminate upon acceptance by the Village.
The Subdivider agrees to make the necessary repairs to said improvements due to defects of workmanship or materials caused by the Subdivider, or subcontractors or material supplies, but not for repairs caused or necessitated by Acts of God or any acts or omissions beyond the control of the Subdivider during the one year period.
2. The Irrevocable Letter of Credit shall be retained for the percentage estimated in writing from time to time by the Village Engineer as needed to protect the Village in conjunction with the Cost Estimate attached marked Exhibit “A” and made a part hereof until acceptance of said improvements by the Village; at which time said improvements shall meet the Village Subdivision Ordinance of the Village in effect on __________________, 20____, and approved by the Village Engineer in writing. The Irrevocable Letter of Credit shall be released as to any further obligations.
Dated this _____ day of __________________, 20____.
_____________________________
BY: ________________________
President/Owner

VILLAGE OF NEW MILFORD, ILLINOIS
BY: ____________________________________
President of the Board of Trustees
BY: ____________________________________
Plat Officer
ATTEST:
_________________________________________
Village Clerk
(Letter Head)
IRREVOCABLE COMMERCIAL LETTER OF CREDIT
Amount: _____________
No: _______________
Date: _____________
Village Board of New Milford
7354 Rydberg Road
New Milford. IL 61109
Gentlemen:
WE HEREBY OPEN our Irrevocable Commercial Letter of Credit Number _________________________ in your favor, available to you on behalf of ___________________________________________________ (Subdivider or Corporate Name) whose address is:______________________________________________, hereinafter referred to as “SUBDIVIDER”, for a total sum of _________________________________($____________), to be accepted by your signed statement that drawing of funds by you upon this Letter of Credit is due to the default or failure to perform by the Subdivider the following improvements on or before (day/month/year).
The construction of (list public improvements) located in Plat No. _______ in (name of subdivision) as set forth in the attached cost estimate prepared by (project engineer) dated: ____________________, set forth as Job No. ________, a copy of which is attached hereto, marked “Exhibit A” and made a part hereof.
The New Milford Village Engineer will notify the bank in writing when either:
1. The improvements have been timely and satisfactorily completed, and the credit may be released; or
2. The Subdivider has failed to perform or is in default.
All drafts drawn under this Letter of Credit must be marked:
“Drawn under (name of financial institution), N.A., Letter of Credit Number __________.”
This credit is valid until (day/month/year) and drafts drawn hereunder, is accompanied by documents as specified above, will be honored if presented to the main office of (name of financial institution), N.A. whose address is: __________________________ _____________________________ on or before that date.
This Letter of Credit sets forth, in full, the terms of our undertakings, and such undertaking shall not in any way be modified, amended, or amplified by reference to any document, instrument, or agreement referred to herein or in which this Letter of Credit is referred to or to which this Letter of Credit relates, and any such reference shall not be deemed or incorporate herein by reference any document, instrument or agreement.
We hereby engage with drawers that drafts drawn and negotiated in conformity with the terms of this Letter of Credit will be honored on presentation.
This credit is subject to the Uniform Customs and Practices of Documentary Credits (1984 Revision) International Chamber of Commerce Brochure No. 400.
Neither this letter nor the credit hereby established is negotiable or otherwise transferable without the written consent of (name of financial institution).
Sincerely,
______(name, title)______
(a) MONUMENTS. Iron pins three-fourths of an inch in diameter and four feet long shall be placed at all block corners, angle points of streets and of exterior boundaries, points of tangency of curbed lines, points at which street lines intersect the exterior lines of the subdivision, and at such intermediate points as are required by the Village Engineer.
Iron pins five-eighths of an inch in diameter and three feet long shall be placed at all lot corners and at such intermediate points as are required by the Village Engineer.
Monuments shall be placed at all lake or stream ends of lot lines. Such monuments shall be placed flush with the ground at the point of intersection of such lake or stream lot line with a line which is established along the shore not less than twenty feet (20′) back from the ordinary high water mark of such lake or banks of such stream.
(b) TOPSOIL PROTECTION. Topsoil moved during the course of construction should be redistributed evenly and shall be at a depth of not less than two inches.
(c) STREET AND UTILITY IMPROVEMENTS. All street and utility improvements shall conform to the specifications and requirements of the Village Engineer. These improvements shall not be accepted for public maintenance until approved by the Village Engineer. Cross sections and profiles of streets showing grades acceptable to the Village Engineer and plans and profiles of storm and sanitary sewers, dry wells, stormwater detention facilities, and water mains, where the installation of these improvements is contemplated, generally will be requested.
Street and utility improvements shall be provided in each new subdivision in accordance with the standards and requirements described in the following schedule for the type of development indicated:
DEVELOPMENT TYPE:
1. For all residential lots where public sanitary sewers and water is available, STANDARD A.
2. For residential lots where public sanitary sewers and/or water are not available, STANDARD B.
3. The Village Engineer shall periodically, during the course of construction, within the customary and good practice of engineering, inspect all facets of construction to ensure compliance with the plans and specifications within the jurisdictional limits of New Milford. The Village Engineer shall not be responsible for staking, grades, laboratory tests, or mixed designs. However, the Engineer shall be provided with copies of all test reports and mixed design certificates. The Village Engineer shall attend project conferences at any reasonable time when requested by the project owner.
Recommendation for final acceptance shall be given only when the Village Engineer has made a final inspection and received all test reports. The cost incurred by the Village of New Milford from the Village Engineer shall, upon the Engineer’s completion, be reimbursed to the Village by the developer, project owner, or site owner.
STANDARD A & B
1. RESIDENTIAL STREETS.
All streets shall be graded to the full width of the right-of-way, and the adjacent side slopes shall be graded to blend with the natural lay of the land and to provide reasonable access for vehicular traffic to each lot of the subdivision to the satisfaction of the Village Engineer.
STANDARD A
(a) CURB, GUTTER, AND SIDEWALKS. Curb, gutter, and sidewalks shall be provided. They shall be built of integral concrete construction according to a standard design and shall be laid to the proper grade as approved by the Village Engineer.
(b) Minimum street widths shall be thirty feet (30’) back to the back of the curb and ten inches (10”) of gravel or crushed stone, and three inches (3”) (two lifts) bituminous surfaces.
(c) SIDEWALKS. Sidewalks shall be laid along both sides of the roadway within the public right-of-way one and one-half feet from the property line. Except under unusual conditions, sidewalks and interior block walkways shall be made of concrete four feet (4’) wide and not less than four and one-half inches (4 ½”) thick. At crossings of driveways, installed at the time of sidewalk installation, sidewalks shall be six inches (6”) thick. Where the right-of-way is sixty-six feet (66’) wide and Standard A is installed, the sidewalk may be located four feet (4’) from the property line. Sidewalks shall be installed prior to occupancy and installation of the driveways.
STANDARD B
(a) PAVEMENT. The center twenty-six feet (26′) or more of the roadway shall consist of a layer of gravel or crushed stone base course ten inches (10″) thick after thorough compaction and a three inch (3″) (two lifts) bituminous surfaces. Detailed standards of construction shall be prescribed by the Village Engineer. Frost-free bank run sand and gravel or comparable granular material shall be used for all trench backfill, or all backfill shall be allowed to settle a minimum of one winter or such greater time as may be specified by the Village Engineer before an impervious surface is laid.
(b) DITCHES. Ditches shall be provided on each side of the roadbed for drainage of surface water. Side ditches shall be at least twelve inches (12”) deep below the shoulder edge. Side slopes on each side of the drainage ditch along the roadway shall be sloped at the rate of no more than one foot (1’) rise to three feet (3’) horizontal. Paved ditches may be substituted at the discretion and to the standards of the Village Engineer.
(c) SIDEWALKS. Sidewalks are not required.
2. DRAINAGE:
(a) STORM GENERALLY. Storm drainage improvements consisting of storm sewers and/or open channels shall adequately drain the area being developed and also all of the area which naturally drains through the area being developed. The design of drainage improvements shall be coordinated with present and probable future improvements so as to form part of an integrated system. Stormwater detention facilities shall be designed in accordance with the “Storm Water Detention Regulation” of Winnebago County. Appropriate grading may be required.
(b) STORM SEWERS. Storm sewers of adequate design shall be installed, as prescribed by the Village Engineer. No storm sewer over thirty-six inches (36”) in diameter shall be required. Appropriate grading of open channels of capacity to carry run-off from a rain of ten (10) year frequency may be required in lieu thereof. In general, storm sewer capacity shall be sufficient to provide for the run-off from a storm of five (5) year frequency and a rainfall intensity curve of one and three-tenths (1.3) inches per hour as computed by the rational method of design.
(c) STORMWATER INLETS. Storm water inlets of a standard design shall be installed. They shall be suitable as to type and capacity for the locations where they are installed and shall be installed on the curb and not in the street.
(d) MANHOLES. Manholes of standard design shall be installed to provide access to storm sewers and meet all safety standards.
(e) SLOPE. Any storm sewer installed shall have a slope that shall provide a minimum velocity of three feet per second when flowing full.
3. SAFETY BARRICADES:
The Subdivider shall place barricades, as required by the Village Engineer, at the end of streets to be later extended.
4. FREEWAYS, ARTERIAL HIGHWAYS, SECONDARY HIGHWAYS, SECTION LINE ROADS.
Where an arterial highway, secondary highway, or section line road is to be improved at greater than minor residential streets standards, the subdivider’s share in the costs of improvement shall be equal to the cost of a minor residential street in the same location. Standard A shall be utilized for determining the cost of improvements.
5. DEFERRED CONSTRUCTION:
In the case of sidewalks and whenever else it is deemed necessary by the Village Board to defer the construction of any improvement required herein, the subdivider shall entrust his share of the cost of the future improvement with the Village Board.
6. STREET SIGNS:
Street signs shall be erected at each intersection. Such signs shall conform to specifications established by the Public Works Director.

Sec. 18-12. TECHNICAL REQUIREMENTS:
The following standard requirements shall apply to all new subdivisions of land. These standards shall be interpreted, however, to encourage new and improved design techniques with the object of promoting better subdivisions.
(a) CONFORMITY TO COMMUNITY PLANS:
All subdivisions shall conform to the general and detailed specifications of plans or segments thereof, adopted pursuant to the authority contained in Chapter 34 of the Illinois Revised Statutes, to the Winnebago County Zoning Ordinance, setback regulation, the limited-access road regulation, and to any other adopted ordinances, resolutions, regulations and plans.
(b) STREETS:
1. GENERAL DESIGN.
All streets shall be designed in substantial relation to:
i. Topographic conditions and drainage;
ii. Public convenience and safety;
iii. The proposed uses of the land to be served by such streets.
2. PUBLICLY PLANNED STREETS:
Streets shall be laid out in conformity to street or highway plans officially adopted by the Village Board. Wherever such a planned street or highway runs through a proposed subdivision, it shall be provided for in the place and with the width indicated on such plan. However, no more than one hundred twenty feet (120’) width of right-of-way dedication shall be required for any street. Any additional right-of-way specified on the plan shall be reserved for circulation purposes by easement provisions.
3. SECTION LINE ROADS.
One hundred-foot (100’) wide streets shall be laid out on section and half-section lines, where possible. Where physical obstructions occur, or where a more appropriate location can be found, such roads may deviate from section and half-section lines, provided that the required width of one hundred feet (100’) is carried through to a suitable connection. Such deviations shall be made only with the consent and approval of the Plat Officer and the Village Engineer.
4. ALIGNMENT AND CONTINUATION.
Where streets are not a part of the comprehensive plan or officially adopted street or highway plans, the arrangement of the streets in a subdivision shall either provide for the alignment and continuation or appropriate projection of existing principal streets in surrounding areas or conform to an approved plan for the neighborhood which meets a particular situation where topographic or other conditions make the continuance of or conformance to existing streets impracticable.
5. RESIDENTIAL STREETS.
Minor residential streets shall be laid out so that their use through traffic will be discouraged.
6. MARGINAL ACCESS STREETS.
Where a subdivision borders on or contains a railroad right-of-way or limited-access road right-of-way, a street shall be located approximately parallel to and at least one lot depth distance from each side of such right-of-way, or at a distance suitable for the appropriate use of the intervening land, as for park purposes in the residential district, or for commercial or industrial purposes in appropriate districts, except where it is deemed necessary that a through street be continued without deflection, or that marginal access streets parallel and adjacent to such right-of-way be provided. Such distances shall also be determined with due regard for the requirements of approach grades and future grade separations.
7. NATURAL FEATURES.
Streets paralleling streams, rivers, ravines, bluffs, or other similar natural features shall be located approximately one lot depth away from such natural feature in order that the intervening land may be developed into private lots meeting the requirement of this regulation. The Forest Preserve District or other local governmental bodies shall have been given a sixty (60) day opportunity to acquire such intervening land prior to final plat approval; provided that approval of the final plat shall not be delayed more than sixty (60) days after the date notice has been given to such local governmental bodies for the reason of their failure to take action.
Streets paralleling such natural features and so close to them as to leave an intervening strip of land that cannot be developed into lots meeting the requirements of this regulation may be permitted, provided that the intervening land is dedicated to and accepted by the Forest Preserve District, or other governmental bodies.
Lake and stream shore subdivision shall provide one or more streets or rights-of-way, running to the low water mark at one-mile intervals as measured along the lake or stream shore, except where streets or rights-of-way already exist at not more than one-mile intervals. The subdivider may place use restrictions on these stub streets to control until such time as a bride is extended.
8. RESERVE STRIPS.
Reserve or “spite” strips controlling access to perimeter streets shall not be permitted on the perimeter of a development. Streets shall be located on the edge of or one lot depth away from the edge of the tract, with due consideration being given to adjacent development.
9. STREET WIDTHS.
Where not otherwise specified, street right-of-way widths shall be not less than sixty-six feet (66’) except that sixty-foot (60’) wide streets may be permitted when such streets are improved with curb and gutter to meet the curb and gutter standards of the Village of New Milford. Where unusual conditions warrant, short streets and courts serving ten (10) lots or less may be platted with a width of sixty feet (60’).
10. HALF STREETS.
Half streets shall not be permitted.
11. DEAD-END STREETS.
Dead-end streets, as such, shall not be permitted, cul-de-sacs designed to be permanent shall not be longer than five hundred feet (500’) and shall be provided with a turnaround not less than one hundred twenty feet (120’) in diameter at the closed end.
12. STREET NAME.
Streets that are extensions of or obviously in alignment with existing streets shall bear the names of the existing streets; however, no other street shall bear names with duplicate or so nearly duplicate as to be confused with the names of existing streets. In all cases, street names shall have a suffix.
(c) ALLEYS: Alleys, service courts, and other similar ways shall not be permitted in residential areas.
(d) BLOCKS: Block lengths shall not exceed nineteen hundred feet (1900’). Excessively short blocks will be discouraged.
(e) LOTS: All lots shall meet the minimum width, depth, and area requirements of the Subdivision Ordinance unless
otherwise specified.
Where utility sewer and utility water are not provided, the minimum area of any residential lot shall be twenty-five thousand square feet (25,000’). The Village Board may reduce the required minimum area for any subdivision when
the developer establishes to the Village Board’s satisfaction, based upon the report of a registered professional engineer and the opinion of the County Health Officer, that the public health will be in no way endangered and that the interest of the public will be preserved. However, in no case shall the lot area be less than twenty thousand square feet (20,000’) unless stated elsewhere in this Ordinance.
Mobile Home Park Lots: All subdivisions developed for the purpose of creating a mobile home park must have sewer, water, and utilities provided to each lot. Each lot properly zoned for mobile home use must have a minimum of 6,000 square feet in area in order to place a single-wide or double-wide mobile home on said lot.
All mobile home park subdivisions must provide for a minimum setback line from the front of each lot of 15 feet.
In single-family residential lots and mobile home park lots, when the Village Board has reason to believe that a particular area should not be subdivided for reasons of poor drainage and the possibility of creating health problems, it may require that additional soil tests be performed. If the tests do not meet the minimum requirements, the area in question shall not be subdivided until utility sewer or utility water is provided.
(1) BUSINESS AND INDUSTRIAL LOTS. Business and industrial areas shall be subdivided into lots of such size and shape as to meet business or industrial needs. Properties reserved or laid out for commercial and industrial purposes shall be large enough to provide for the off-street loading and parking facilities required by the type of use and development contemplated.
(2) REMNANTS. Subdivisions shall contain no leftover pieces, corners, or remnants of land.
(3) CORNER LOTS. Corner lots shall be wide enough so that buildings conform with building setback lines on both streets.
(4) STREET ACCESS. Each lot shall be provided with satisfactory access to a public street by means of frontage on such street. No lot shall be in front of a street that has been designated by the Village Board as a “limited-access road.”
(5) BUILDING LINES. Residential building setback lines shall be established at a distance back from each street right-of-way line equal to no less than one-half (1/2) the width of the street right-of-way and not closer to such line than those established on the same street in adjoining subdivisions.
(f) EASEMENTS: Utility easements not less than five feet (5’) wide shall be provided on each side of all rear lot lines and where required by the utility alongside lot lines. Where abutting unsubdivided land, or natural features such as a detention pond, easements shall be ten feet (10’).
Easements not less than five feet (5’) wide shall be provided along abutting side lot lines were deemed necessary by the Department of Public Works for the purpose of street lighting.
The subdivider shall install electrical power lines underground to and through the easement to the proposed locations of said street lights.
Where the character or topography of the land in a subdivision is such that it is impossible or impractical to place streets so that they carry off the surface water, the appropriate easements along lot liens shall be provided and improved, where necessary, to carry off surface water in open channels or storm sewers.
Where a subdivision is traversed by a watercourse, drainage way, channel, or stream, appropriate dedication or easement provisions, with adequate width or construction to accommodate stormwater and drainage through and from the subdivision shall be made. Where a drainage way carries water from one hundred (100) or more acres of land, such easement of dedication shall conform to the natural drainage channel. A preserved area no more than three hundred feet (300’) wide may be required where the drainage way carries water from five hundred (500) or more acres of land.
Minimum vertical elevations for structures, in the form of vertical building lines, may be required in areas that are or may become subject to flooding by surface water. Areas of the subdivision which are subject to inundation from a 100-year storm shall have delineated on the face of the plat dashed lines to indicate the same.

Sec. 18-13. ENFORCEMENT OF REGULATION.
Whenever it shall come to the attention of any officer or employee of the Village that any of the provisions of this regulation have been violated, it shall be his duty to notify the Village Attorney of the fact, and the Village Attorney shall immediately institute a suit, and prosecute same to final judgment against the person offending.
The Winnebago County Building Department shall defer granting building permits for improvements on the property until such time as the plat for such property has been approved and recorded in the manner provided by this regulation. No building permit shall be granted except for improvements on land for which a plat has been approved and recorded according to the requirements of this regulation or on those parcels of property platted or recorded as separate parcels of the property prior to the effective date of this regulation.
In the event any requirement of this regulation has not been complied with, the Village Plat Officer shall not approve or certify any subdivision plat. However, the Plat Officer may, with Village Board approval, accept a bond to indemnify the Village for construction or completion of any required item, including but not limited to: streets, curbs, gutters, and water or sewer pipes. The bond shall be in the amount of 115% of the estimated cost of labor and materials for the item (as approved by the Village Engineer), and the surety on the bond shall be a corporation licensed and authorized to do business in Illinois as a surety company, unless the Board of Trustees by a majority vote of those holding office, accepts a personal surety. Also, the Plat Officer may, with Village Board approval, accept a cash escrow for construction or completion of any required item, including but not limited to: streets, curbs, gutters, and water or sewer pipes, in an amount equal to 115% of the estimated cost of labor and materials for the item (as approved by the Village Engineer). An escrow agreement shall be entered into whereby said sum is placed in escrow with a financial institution pursuant to an agreement on a form approved by the Village Board of Trustees, whereby the item shall be installed by the subdivider or owner within a certain time limit to be set by the Village Board, and in the event that said improvement item is not so installed, the Village shall be allowed to obtain said funds and to obtain a contractor to install said items with said funds. Also, the Plat Officer may, with Village Board approval, accept an Undertaking in Lieu of Completion Bond establishing the relationship and obligations between the Village and a developer, which will provide that the developer will submit to the Village an Irrevocable Letter of Credit from a financial institution for 115% of the estimated cost of labor and materials for the improvement (as approved by the Village Engineer) and which Irrevocable Letter of Credit shall be in a form approved by the Village Attorney, or any surety approved by the Village Board.

Sec. 18-14. PENALTIES.
Whoever sells, offers for sale, improves by the construction of buildings, or leases for any time exceeding five (5) years, any lot, block, parcel, or part of the division of land in the Village before all the requirements of this regulation have been complied with, shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each lot, block, parcel, division or part thereof so disposed of, offered for sale, improved or leased.
Whoever shall lay out, locate, open, widen or extend or alter the location of any highway, road, street, ally, public ground, toll road, railroad, or canal and refuses or neglects to cause a plat thereof, showing the width, courses and extent thereof, and making such reference to known and established corners or monuments that the location thereof may be ascertained, to be made, and recorded in the office of the Recorder of Deeds within six (6) months after such highway, road, street, alley, public ground, toll road, railroad or canal is laid out, located, opened, widened or extended or the location thereof altered shall be fined not less than One Hundred Dollars ($100.00) and no more than Five Hundred Dollars ($500.00) and a like sum for every month he shall continue in such refusal or neglect after conviction, therefore, to be recovered in the Circuit Court of the 17th Judicial Circuit, Winnebago County, in the name of the Village.

Sec. 18-15. TAXES AND SPECIAL ASSESSMENTS ARE TO BE PAID PRIOR TO VACATING THE SUBDIVISION.
A petition to vacate a subdivision shall submit evidence of the payment of all taxes, and special assessments levied against the property.

 

REFERENCES
Village of New Milford. “CODE OF ORDINANCES VILLAGE OF NEW MILFORD.” The Village of New Milford, Sept. 2021, villageofnewmilford.com/wp-content/uploads/2022/07/New-Milford-Code-of-Ordinances-September-2021.pdf.