ARTICLE I – SCOPE AND PURPOSE

          34‑1‑1           SCOPE AND LEGAL AUTHORITY. For the purpose of controlling future development of the County and for the promotion of the public health, safety, comfort, morals and welfare of persons living within the territory governed, the provisions and regulations hereafter contained shall govern the subdividing and platting of lands lying within the area of jurisdiction of the County.

The rules and regulations governing plats and subdivision of land contained herein shall apply within the County as permitted within the project area, the extent of jurisdiction shall be determined and agreed upon between the County and the municipality or municipalities concerned and as provided by State Statutes. Except in the case of resubdivision, this Code 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 Code. This Ordinance does not intend to repeal, annul or in any way impair or interfere with existing provisions of other laws or ordinance, or interfere with restrictive covenants running with the land. Where this Ordinance imposes a greater restriction upon the land than is imposed or required by such existing provisions of law, code, or restrictive covenants, the provisions of this Code shall control. 

          34‑1‑2           TITLE. This Code shall be known, referred to, and cited as “The Land Subdivision Code of Union County, Illinois”. 

          34‑1‑3           APPLICATION OF ORDINANCE. 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 County Recorder of Deeds. 

          34‑1‑4           INTENT AND PURPOSE. This Code is intended for the purposes of coordinated, efficient and economic development of the County, providing adequate services and utilities, safe convenient access and a desirable and attractive living environment through good subdivision design. In achieving these purposes, the County shall utilize development standards which are directed toward reasonable costs for initial development and continuing maintenance; such standards shall include the following:

          (A)               The proper location and width of streets and the proper location of building setback lines, open spaces, recreational areas and public lands.

          (B)               The avoidance of conditions which would lead to the creation of blighted areas.

          (C)               The avoidance of overcrowding of population and congestion of vehicular traffic.

          (D)               Proper grading and improvement of streets, curbs, gutters, sidewalks and provision of water, sewer, storm water drainage and erosion control.

          (E)               The provision of adequate space for traffic and utility facilities; for access of emergency apparatus; for the control of the number, spacing, type and design of access points to existing or future streets; for minimum width, depth, and area of lots; for adequate light and air; and for a proper distribution of population.

          (F)               Provision of adequate right‑of‑way easements such that extensions are continued within subdivisions and may be continued to adjacent lands. 

          34‑1‑5           INTERPRETATION. This Code is intended as MINIMUM REQUIREMENTS to achieve the above stated purposes, as specified in Section 34‑1‑4. If any other provision of law relates to any matter covered herein, the regulation providing the higher standard shall apply. 

          34‑1‑6           ADMINISTRATION. This Code shall be administered by the administrative officer designated by theCountyBoard, and the County Planning Commission. 

          34‑1‑7           INSTANCES WHEN PLATS WILL NOT BE REQUIRED.  The provisions of these regulations do not apply and no plat is required in any of the following instances:

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

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

          (C)               The sale or exchange of parcels of land between owners of adjoining and contiguous land.

          (D)               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 existing as of October 1, 1973.

          (E)               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 or easements of access.

          (F)               The conveyance of land for highway or other public purposes or grants or conveyance relating to the dedication of land for public use of instruments relating to the vacation of land impressed with a public use.

          (G)               Conveyance made to correct descriptions in prior conveyances.

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

          (I)                The division of land for cemetery usage.

          (J)                The division and distribution of land pursuant to law or court order.

          (K)               Any other instance where the State of Illinois does not require filing of a plat, as per the Plat Act, Illinois Compiled Statutes.

          34‑1‑8           NEW STREETS.  A new street when referred to in Section 34-1-7, is a street that did not legally exist by statute or common-law prior to the proposed division or conveyance described in Section 34-1-7. 

          34‑1‑9           NEW EASEMENT OF ACCESS.  A new Easement of Access when referred to in Section 34-1-7 is an easement that did not legally exist by statute or common-law prior to the proposed subdivision or conveyance described in Section 34-1-7. 

          34‑1‑10         SUITABILITY OF LAND FOR SUBDIVISION DEVELOPMENT. Land unsuitable for subdivision development due to drainage, flood hazard area, hillside area, rock formation or any other conditions constituting a danger to health, life or property shall not be approved for subdivision development unless the subdivider presents evidence or data to the administrative officer establishing that the methods proposed to meet any such conditions are adequate to avoid any danger to health, life or property.