SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE

Transcription

1 City of McHenry SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE Adopted January 19, 2004 Ordinance No. MC Revised: 8/6/07 MC /4/08 (NOTE: MC PASSED 12/7/15 ADOPTS MCSWMO REVISION DTD 12/1/2014)

2 10/12 TABLE OF CONTENTS 1 General Provisions page Title. page Policy. page Purposes. page Jurisdiction and Approval. page Compliance with Technical Specifications Manual. page Interpretation, Conflict, and Separability. page Amendments. page Variations. page Violation and Penalties. page 4 2 Definitions page Usage. page Words and Terms Defined. page 5 3 Application Requirements, Form, and Fees page Development Applications page Preliminary Plat. page Final Plat. page Fees and Deposits. page 14 4 Development and Subdivision Review Process page Development Review page Preliminary Plat Review. page Submission of Preliminary and Final Plats for Simultaneous Review. page Final Plat Review. page Vacation of Plats page 19 5 Subdivision Layout and Design page General. page Preservation of Natural Features. page Streets. page Block and Lot Layout. page Monuments. page 22 6 Public Improvements page Improvements Required. page Permit Required. page Engineering Plans Required. page Engineering Plan Review. page Streets page Sidewalks page Bikeways page Street Lighting page Water Service page Sanitary Sewer Service page Stormwater Drainage page Landscaping page Public Utilities, Underground page Easements page Oversize Design page Model Homes. page 32

3 7 Construction and Maintenance Guarantees page Statement of Estimated Costs of Improvements. page Construction Guarantees and Reductions. page Acceptance. page Guarantee of Performance. page Interest and Costs. page City Lien Rights. page Insurance page 35 8 Developer Donations page Purpose. page Applicability. page Imposition of Donations. page Donations Based on Projected Population. page Criteria for Park Land Donation. page Criteria for School Land Donation. page Cash in Lieu of Land; Combination of Land and Cash. page Reservation of Additional Land. page Fire Protection District Donation. page Public Library District Donation. page Updating of Fair Market Value and Required Donations. page 41 9 Driveways and Parking Lots page Improvements Required page Permit Required page Plans Review page Supervision, Inspections page State or County Approval Required in Certain Cases page Tables Table 6-1, Roadway Design Standards page 26 Table 6-2, Minimum Standards for Street Design... page 26 Table 8-1, 1996 Table of Estimated Ultimate School Population Per Dwelling Unit. page Appendicies Plat of Subdivision Certificates Technical Specifications Manual Standard Details

4 1. General Provisions. 1.3 Title. These regulations shall officially be known as, and may be cited and referenced to as the Subdivision and Development Ordinance of the City of McHenry (hereinafter these regulations ). 1.4 Policy. A. It shall be the policy of the City to consider the subdivision of land and the subsequent development of the subdivided parcel as subject to the control of the City pursuant to the Comprehensive Plan and Official Map for the orderly, planned, efficient, and economical development of the City. B. Land to be subdivided shall be of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, or other menace, and land shall not be subdivided until adequate public facilities and improvements exist and proper provision has been made for drainage, water, sewerage, and capital improvements such as schools, parks and transportation facilities. C. The existing and proposed public improvements shall conform to and be properly related to the proposals shown in the Comprehensive Plan and the capital budget and program of the City, and it is intended that these regulations shall supplement and facilitate the enforcement of the provisions and standards contained in the Building Codes, Zoning Ordinance, Comprehensive Plan, and the capital budget and program of the City. D. Land that has been subdivided prior to the effective date of these regulations should, whenever possible, be brought into conformance with these regulations to further the purposes identified in Section Purposes. These regulations are adopted for the following purposes: A. To protect and provide for the public health, safety, and general welfare of the community. B. To guide the future growth and development of the City in accordance with the Comprehensive Plan. C. To provide for adequate light, air, and privacy, to secure safety from fire, flood, and other danger, and to prevent the overcrowding of the land and undue congestion of population. D. To protect the character and the social and economic stability of all parts of the City and to encourage the orderly and beneficial development of the community. E. To protect and conserve the value of land throughout the City and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings

5 F. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities. G. To establish reasonable standards of design and procedures for subdivisions and resubdivisions in order to further the orderly layout and use of land, and to ensure proper legal descriptions and monumenting of subdivided land. H. To ensure public facilities and services are available concurrent with development, and that they will have a sufficient capacity to serve the proposed subdivision or development and that the community will be required to bear no more than its fair share of the cost of providing the facilities and services through requiring the subdivider or developer to pay fees, furnish land or cash in lieu of land, or establish mitigation measures to ensure the development provides its fair share of capital facilities needs generated by the development. I. To prevent the pollution of air, streams, and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the City in order to preserve the integrity, stability, and beauty of the City and the value of land. 1.6 Jurisdiction and Approval. A. These regulations apply to all subdivision and development of land, as defined in Section 2.2, located within the corporate limits of the City of McHenry, and outside the corporate limits as provided by state law. B. No subdivision shall be filed for record, nor any public or private improvement made related to any subdivision or development, until after approval thereof pursuant to these regulations. C. No lot, tract, or parcel of land within any proposed subdivision shall be conveyed until such subdivision has been approved and recorded pursuant to these regulations. D. No building permit or certificate of occupancy shall be issued for any parcel or plat of land, created before or after the effective date of these regulations, which is not in conformity with these regulations, and no excavation of land or construction of any public or private improvements shall take place or be commenced except in conformity with these regulations, even if such improvement does not entail the subdivision of land. 1.5 Compliance with Technical Specifications Manual. The subdivider or developer shall comply with the general principles of design and minimum requirements set forth in all codes, ordinances, regulations, and written administrative policies and orders of the City, as amended from time to time, establishing standards and specifications for construction, including without limitation construction of public improvements as part of a subdivision or development

6 1.6 Interpretation, Conflict, and Separability. A. Interpretation. In their interpretation and application, these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. B. Conflict. 1. These regulations are not intended to repeal or impair any existing easement, covenant, private agreement, or permits previously adopted or issued pursuant to the ordinances or resolutions of the City or other Requirements of Law, provided that where the conditions imposed by these regulations upon the development and use of land are more restrictive or impose higher standards or requirements than such easements, covenants, or private agreements, the requirements of these regulations shall govern. 2. Where the conditions imposed by these regulations upon the development and use of land are either more restrictive or less restrictive than the comparable conditions imposed by any other ordinances or resolutions of the City, or any other law, ordinance, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern. C. Separability. If any court of competent jurisdiction shall adjudge any provision of these regulations to be invalid, such judgment shall not affect any other provisions of these regulations. If any court of competent jurisdiction shall adjudge invalid any application of any provision of these regulations to a particular parcel of land, such judgment shall not affect the application of said provision to any other parcel of land. 1.7 Amendments. For the purpose of protecting the public health, safety, and general welfare, the Planning and Zoning Commission or City Council may from time to time propose amendments to these regulations, which shall then be approved or disapproved by the City Council. 1.8 Variations. Variations from the provisions of these regulations may be authorized by the City Council, after recommendation by the Planning and Zoning Commission, in accordance with the provisions of this Section, if it finds an extraordinary hardship or practical difficulty that results from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal. A. Statement of Justification. In applying for a variance from these regulations, the subdivider or developer shall demonstrate in writing that: 1. The granting of the variance is in keeping with the overall purpose and intent of these regulations, and will not be detrimental to the public health, safety, or general welfare; and 2. The conditions on which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property; and - 3 -

7 3. The granting of the variance will alleviate a practical difficulty or particular hardship due to the physical surroundings, shape or topographic conditions of the specific property involved; and 4. The granting of the variance will not negatively affect adjacent properties. B. Conditions of Approval. In approving a variance, the City Council may require such conditions as will, in its judgment, secure substantially the purposes described in Section 1.3, and may require the posting of a construction guarantee to ensure compliance with the conditions imposed. C. Limitations on Variations. No variation granted pursuant to this Section shall relieve a subdivider or developer from complying with all other Requirements of Law. Nothing provided in this Section shall be construed or applied as authority of the City Council to vary any Requirements of Law other than the provisions of these regulations. D. Review Procedure. An application for a variance shall be submitted in writing, and shall state fully the grounds for the application and all of the facts relied upon by the applicant. The Planning and Zoning Commission and City Council may review applications for variances concurrently with the related subdivision or development application, except as otherwise provided by the City Council on a case-by-case basis. 1.9 Violation and Penalties. A. Any person who violates any provision of these regulations shall be subject to a fine not less than $25 nor more than $750 for each offense. Each day that such violation continues shall constitute a separate and additional offense. B. Appropriate actions and proceedings may be taken in law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation and to prevent illegal occupancy of a building, structure or premises. These remedies shall be in addition to the penalties described above, and may include stopping all work, or any portion of any work, being conducted on any property subject to these regulations, to revoke any permit or authorization issued by the City for development on any such property, to discontinue processing and consideration of any pending application for any such permit or authorization, and to refuse to accept for processing and consideration any future application for any such permit or authorization

8 10/12 2 Definitions 2.1 Usage. A. For the purpose of these regulations, certain numbers, abbreviations, terms, and words shall be used, interpreted, and defined as herein set forth, except when the context clearly indicates otherwise. B. Words used in the present tense shall include the future tense, and words used in the singular shall include the plural, and the plural the singular. C. The word shall is mandatory, and not discretionary. D. The word may is permissive. 2.2 Words and Terms Defined. Alley. A public right-of-way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on some other street. Applicant. The owner of the land proposed to be subdivided or developed, or his representatives who shall have express written authority to act on behalf of the owner. Approach. That portion of the driveway located between the street pavement or curb and the outside edge of the sidewalk, or property line. (MC ) Bedroom. Any private room in a dwelling unit suitable for regular use for sleeping purposes, and having a closet. Bedrooms include rooms designated on development floor plans as dens, studios, offices or libraries, but excluding living rooms, family rooms, dining rooms, kitchens, bathrooms, laundry rooms, and mudrooms. Any room designated as other than a bedroom having a closet, but in the judgment of the Director of Public Works would normally be usable for sleeping purposes, shall be considered a bedroom. Block. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways, or boundary lines of municipalities. Building. Any structure built for the support, shelter, or enclosure of persons, animals, chattel, or moveable property of any kind. Certify. Whenever these regulations require that any agency or official certify the existence of some fact or circumstance, the City by administrative rule may require that such certification be made in any manner, oral or written, which provides reasonable assurance of the accuracy of the certification. City. The City of McHenry, Illinois. City Council. The corporate authorities of the City of McHenry, Illinois

9 10/12 Cluster Development. A development design technique that concentrates buildings in specific areas on a site to allow the remaining land to be used for recreation, common open space and preservation of environmentally sensitive features. Common Ownership. Ownership by the same person, corporation, firm, entity, partnership, or unincorporated association; or ownership by different corporations, firms, entities, partnerships, or unincorporated associations, in which a stockbroker, partner, or associate, or a member of his family owns an interest in each corporation, firm, entity, partnership, or unincorporated association. Comprehensive Plan. The composite of the functional and geographic elements of the official plan of the City and environs or any segment thereof, in the form of plans, maps, charts, text of reports, implementing ordinances, and including the Official Map. Condominium. A unit available for sale in fee simple contained in a multi-occupancy project subject to covenants and restrictions placing control over the common facilities in an elected board. Cul-de-sac. A local street with only one outlet that terminates in a vehicular turnaround and having an appropriate terminal for the safe and convenient reversal of traffic movement. Design Standards, Minimum. All codes, ordinances, regulations, and written administrative policies and orders of the City, as amended from time to time, establishing standards and specifications for construction, including without limitation construction of public or private improvements as part of a subdivision or development. Developer. The owner of land proposed to be subdivided or improved, or its representative, who is responsible for any undertaking that requires review and/or approval under these regulations. See Subdivider. Development. The construction of a new building or structure having a total floor area in excess of 500 square feet, other than one single family dwelling unit; expansion by more than 25% of an existing structure to which these regulations would apply if the structure were being constructed new; or activity that results in either more than 3,000 square feet of additional impervious area or more than one acre of hydrologically disturbed area; any of which may not be included within the definition of Subdivision, as defined in these regulations. Director of Public Works. The City of McHenry Director of Public Works, or his or her duly authorized designee. Driveway. The paved area providing vehicular access from a street, alley or public way, to an open or enclosed parking area on private property. (MC ) Driveway Apron. The area of the driveway located in the public right-of-way, between the public walk or property line, and the paved surface of the streets. (MC ) Easement. A strip of privately owned land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for any other similar use. Engineering Plans. The complete maps, drawings, and analysis governing the specific location, design, and construction of public or private improvements to be installed in accordance with the requirements of these regulations and of the City as a condition of the approval of a subdivision or development

10 10/12 Flare. The difference in width of a driveway approach at the outer edge of the sidewalk or the property line if no sidewalk exists, and the street pavement or curb. (MC ) Hydrologically Disturbed. An area where the land surface has been cleared, compacted or otherwise modified that changes stormwater runoff, volumes, rates, or direction. Improvement, Public. Any facility necessary, in the determination of the City, to provide a parcel with access to a public right-of-way or with utility service of any kind, including, but not limited to water, sanitary sewage treatment or disposal, stormwater control or drainage, or other necessary public service such as a street, alley, drainage ditch, sidewalk, landscaping, off-street parking area, or lot improvement. Lot. A tract, plot, or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership, or possession, or for building development. Official Map. The map established by the City showing streets, highways, parks, drainage systems laid out, adopted, and established by law and any amendments or additions thereto resulting from the City s actions or approval of subdivision plats. Owner. The record owners of the fee or a vendee in possession, including any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under the definition of Common Ownership. Parkway. A strip of land within the right-of-way between the street pavement or curb and the outside edge of the sidewalk, or property line. (MC ) Parking Lot. A paved open area that is accessory to a main use on the property where operable vehicles are kept when not in use. (MC ) Person. Any individual or group of individuals, or any corporation, general or limited partnership, joint venture, unincorporated association, or governmental or quasi-governmental organization. Personnel, Retained. Any engineer, attorney, planner, economist, or other technical, professional or other expert paid and retained by the City to assist or advise the City, directly or indirectly, in planning, reviewing, evaluating, advising, approving, inspecting or accepting any development, subdivision and/or subdivision improvement. Planned Unit Development (PUD). A development constructed on a tract under common ownership planned and developed as an integral unit and consisting of a combination of residential and/or nonresidential uses on the land. Planning and Zoning Commission. The City of McHenry Planning and Zoning Commission. Resubdivision. The further division of lots or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, not including those exception set for in the Plat Act (MC ). Requirements of Law. All applicable federal, State of Illinois, and City laws, statutes, codes, ordinances, resolutions, rules, and regulations, and written administrative policies of the City, including without limitation the City Technical Specifications Manual

11 10/12 Right-of-Way. A strip of publicly owned land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or for any other special use. Sale or Lease. Any immediate or future transfer of ownership, or any possessory interest in land, including contract of sale, lease, devise, interstate succession, or other transfer of an interest in a subdivision or part thereof, whether by metes and bounds or lot and block description. Special Flood Hazard Area. An area having special flood, mudslide, or mudflow, or flood related erosion hazards, which is shown on a Flood Insurance Rate Map or Flood Boundary and Floodway Map issued by the Federal Emergency Management Agency. Street. A public or private right-of-way that affords a primary means of vehicular access to abutting properties, however designated. Subdivide. The act or process of creating a subdivision. Subdivider. Any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease, or develop, or advertises to sell, lease, or develop, an interest, lot, parcel site, unit, or plat in a subdivision, or, who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit or plat in a subdivision, or who (4) is directly or indirectly controlled by, or under direct or indirect common control with any of the forgoing. Subdivision. The partitioning or dividing of a parcel or tract of land which creates two or more parcels of land, any of which is less than five acres in area, not including those exceptions set forth in the Plat Act (MC ). Townhome. A dwelling unit that is attached to one or more other dwelling units on the same lot and that has an individual private ground-level entrance to the outside and no portion of which is located above any other unit or portion thereof. Wetland. Areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. -8-

12 8/07 3 Application Requirements, Form, and Fees. 3.1 Development Applications. An application for approval of a development shall be filed in writing with the City, on a form provided by the City, and shall include without limitation the following: A. Payment of a retained personnel fee deposit, as provided in Section 3.4 of these regulations. B. All information, plans, and specifications required for issuance of a site development permit and/or building permit for the proposed development. C. A soils map and analysis report for the proposed development, prepared by the McHenry County Soil and Water Conservation District, which shall be of sufficient scope to locate, identify and describe soil conditions and all potential ground absorption, runoff, and flooding deficiencies. D. Documentation providing evidence that the property to be developed has been inspected by a qualified professional to determine whether or not a wetland or special flood hazard area is present. E. Copies of all other applications to other agencies having jurisdiction over the development. F. Six (6) copies of final engineering plans for the construction of all public and private improvements in conformity with the requirements of these regulations. G. Such other information as the Director of Public Works, Planning and Zoning Commission, or City Council may require at any time, which, in the exercise of their discretion, is appropriate in light of all of the circumstances affecting the application and will not be contrary to the purposes and intent of these regulations. 3.2 Preliminary Plat. A. Preliminary Plat Applications. An application for approval of a preliminary plat shall be filed in writing with the City, shall have the form and content provided in Section of these regulations, and shall include without limitation the following: 1. Payment of an application fee and retained personnel fee deposit, as provided in Section 3.4 of these regulations. 2. A title commitment for an owner s title insurance policy issued by a title company licensed to do business in Illinois in the amount of $5,000 covering title of the real estate being subdivided and covering a date not more than 14 days prior to the date the preliminary plat has been filed with the City showing title in the intended subdivider or developer and all encumbrances and other matters of record. 3. A soils map and analysis report for the proposed subdivision, prepared by the McHenry County Soil and Water Conservation District, which shall be of sufficient scope to locate, identify and describe soil conditions and all potential ground absorption, runoff, and flooding deficiencies

13 4. Documentation providing evidence that the property to be subdivided has been inspected by a qualified professional to determine whether or not a wetland or special flood hazard area is present. 5. Copies of all other applications to other agencies having jurisdiction over the subdivision. 6. A draft of protective covenants, whereby the subdivider proposes to regulate land use or continued maintenance within the subdivision, or otherwise regulates the proposed development. 7. Six (6) copies of preliminary engineering plans and studies for the construction of all public improvements in conformity with the requirements of these regulations. 8. Twenty-five (25) paper prints, not exceeding 24 inches by 36 inches in size. B. Form and Content of Preliminary Plat. A preliminary plat shall include or be accompanied by the following: 1. The proposed name of the subdivision. 2. Preparation date, including succeeding revision dates. 3. The north point. 4. Graphic scale. The plat shall be drawn to a scale of not less than one inch equals 100 feet and not more than 1 inch equals 20 feet. 5. The name and address of the owner, subdivider or developer, and the engineer or surveyor who prepared the plat. 6. The location of the subdivision by government lot, quarter section, section, township, and range, or by other legal description. 7. A small scale drawing of the section(s) in which the subdivision lies, oriented in the same manner as the plat, and showing the location of the subdivision, major roads, impacted schools, existing or proposed parks, and the nearest bodies of water. 8. The exact length and bearing of the exterior boundaries of the subdivision. 9. Location and names of all adjacent subdivisions. 10. Name and address of all owners of unsubdivided property adjacent to the subdivision. 11. The existing and proposed zoning of the subdivision, and the existing zoning of all adjacent property

14 12. Location, widths, and names of all existing and platted streets, alleys, or other public ways and easements, railroad and utility rights-of-way, parks, cemeteries, water courses, drainage ditches, permanent buildings, bridges, and other pertinent data as determined by the City, within 300 feet of the proposed subdivision, or property owned or controlled by the subdivider or developer. 13. Location and species of existing trees measuring 10 inches or more in diameter, as measured six inches above grade. 14. The water elevations of adjoining lakes or streams at the date of the survey, and the approximate high and low water elevations. All elevations shall be references to USGS datum. 15. If the subdivision borders on a lake or stream, the distances and bearings of a meander line established not less than 20 feet outside the 100-year flood plain line of the lake or stream. 16. Special flood hazard boundary lines and areas. 17. Layout, width, name, and approximate grade of all proposed streets and rights-of-way. 18. Direction and distance to nearest water and sewer mains, and the size and capacity of those mains. 19. Dimensions and areas of lots. 20. Building setback lines with the lot widths. 21. Point of curvature, point of tangency, radii, length and central angle for all horizontal curves. 22. Location and area of property proposed to be dedicated for public use or to be reserved by covenant for use of all property owners in the subdivision with the conditions, if any, of such dedication or reservation. 23. Existing topography of the property and within twenty-five feet of the property, with contour intervals shown for at least every two feet, with reference to USGS datum, or at more frequent intervals for land of unusual topography. 24. A table with the following information: Total acreage of subdivision; total number of lots; acreage of public lands to be dedicated other than streets; and the buildable area of each lot. 25. Indication of proposed phases within the subdivision and the order of site development /07 -

15 3.3 Final Plat. 26. The following certificates, in a form provided by the City: a. Mayor and City Clerk b. Surface Water Drainage c. Roadway Access, State and/or County, if necessary d. McHenry County Health Department, if necessary 27. Such other information as the Director of Public Works, Planning and Zoning Commission, or City Council may require at any time, which, in the exercise of their discretion, is appropriate in light of all of the circumstances affecting the application and will not be contrary to the purposes and intent of these regulations. B. Final Plat Applications. An application for approval of a final plat shall be filed in writing with the City, shall have the form and content provided in Section of these regulations, and shall include without limitation the following: 1. A copy of the approved preliminary plat. 2. Payment of an application fee and retained personnel fee deposit, as provided in Section 3.4 of these regulations. 3. Copies of all other applications to other agencies having jurisdiction over the subdivision. 4. Copy of covenants, conditions and restrictions, ready for recording, whereby the subdivider proposes to regulate land use or continued maintenance within the subdivision, or otherwise regulate the proposed development. 5. One (1) copy of the final plat in an electronic format compatible with the City s computer system, one (1) copy of the final plat on mylar and 25 paper prints, not exceeding 24 inches by 36 inches in size. 6. Proper written consent from the surveyor who prepared the final plat authorizing the City to record the plat with the McHenry County Recorder s Office. 7. Six (6) copies of final engineering plans, prepared by and bearing the seal of a Professional Engineer registered in Illinois, for the construction of all public improvements in conformity with the requirements of these regulations. C. Form and Content of Final Plat. A final plat shall include or be accompanied by the following: 1. The name of the subdivision. A letter from the McHenry County Recorder of Deeds that certifies that the proposed subdivision name does not duplicate the name of any subdivision of record within the County shall be provided. 2. Preparation date, including succeeding revision dates. 3. The north point

16 4. Graphic scale. The plat shall be drawn to a scale of not less than one inch equals 100 feet and not more than one inch equals 20 feet. 5. The location of the subdivision by government lot, quarter section, section, township, and range, or by other legal description. 6. The exact location of the subdivision indicated by true angles and distances to the nearest established street lines and a corner or corners established in the U.S. public land survey. 7. The exact length and bearing of the exterior boundaries of the subdivision. 8. The exact location, widths, and names of all existing or proposed streets, alleys, easements, or other public ways. 9. All lot numbers and lines, with accurate dimensions. 10. Building setback lines with the lot widths. 11. Point of curvature, point of tangency, radii, length and central angle for all horizontal curves. 12. An accurate survey and legal description of property proposed to be dedicated for public use or to be reserved by covenant for use of all property owners in the subdivision with the purpose or purposes indicated therein, and with the conditions, if any, of such dedication or reservation. 13. Special flood hazard boundary lines and areas. 14. Language granting necessary easements to the City and to appropriate utility companies for rights-of-way and for public services and utilities, in a form provided by the City. Evidence shall be furnished to the City that the individual utility companies or the organization responsible for furnishing the service involved has reviewed such easements and any easement provisions to be incorporated on the plat or in deeds. 15. The following certificates, in a form provided by the City: (Except as otherwise required by law, certification on final plats of subdivisions located in unincorporated areas subject to these regulations shall be those required by the McHenry County Subdivision Regulations, except when these regulations are more restrictive, the applicable certifications contained herein shall also be required.) a. Certification by an Illinois Registered Land Surveyor to the effect that the plat represents a survey made by him or her, that the monuments or markers shown thereon exist as located, and that all dimensional details are correct, in a form provided by the City. b. Notarized certification, by all property owners and by any mortgage holder of record, of the adoption of the plat and the dedication of street, easement, and other public areas, in a form provided by the City

17 8/07 c. Surface Water Drainage d. Roadway Access, State and/or County, if necessary e. McHenry County Health Department, if necessary f. School District g. City Engineer h. City Collector i. City Clerk j. Planning and Zoning Commission Chairperson k. County Clerk l. Agreement and Notice of Developer Contributions and Land Donation 16. Such other information as the Director of Public Works, Planning and Zoning Commission, or City Council may require at any time, which, in the exercise of their discretion, is appropriate in light of all of the circumstances affecting the application and will not be contrary to the purposes and intent of these regulations. 3.4 Fees and Deposits. (MC ) A. Application Fees. The following fee shall be paid upon filing a plat of subdivision with the City: Preliminary Plat $450 Final Plat $450 for the first 2 acres ; plus $10 for each additional acre; plus a maintenance fee of $3,000 per cul-de-sac Variations $450 B. Retained Personnel Fees and Expenses. A subdivider or developer shall deposit, pay and reimburse the City for any and all administrative expenses and costs, and for any and all fees, salaries or compensation incurred and charged to the City by retained personnel in connection with planning, reviewing, evaluating, advising, approving, recording, inspecting or accepting any development, preliminary or final plat, engineering plans, or subdivision improvements. 1a. The following amount shall be deposited into a specified account with the City upon filing an application for preliminary plat, final plat, or development, which shall be used toward administrative and retained personnel expenses and costs: 0-4 acres $ per acre 5-9 acres $ per acre 10+ acres $ per acre 1b. The following amount shall be deposited into a specific account with the City upon filing an application for a variation to the Ordinance: $

18 8/07 1c. In the event a subdivider or developer fails to maintain a positive balance in their account or fails to reimburse the City for services performed in conjunction with a subdivision or development within 14 days notice by the City, the City shall suspend all planning, reviewing, evaluating, approving, recording, and inspection services for said subdivision or development. Such activities shall resume upon notice by the Finance Department that all monies owed to the City have been paid and there is a positive account balance in the subdivider or developer s retained personnel account. 2. During the course of construction and at such times as the Director of Public Works deems necessary, within customary and good practices of engineering and construction, inspection of the public improvement shall be made to insure compliance with the engineering plans as approved. The subdivider or developer shall pay the actual costs of inspections. This fee shall be the actual cost to the City of inspectors, engineers, and other parties necessary to insure satisfactory completion of the work. 3. City shall place all required monies into a specified account, bearing interest and held in the name of the City. The City shall retain any interest that may be earned in connection with said deposit. 4. Any statement or bill submitted to the City by retained personnel shall identify the specific charges and fees incurred, a copy of which shall be retained by the City and made available for inspection by the subdivider or developer. 5. At any time the balance of the specified account falls below one-fourth of the original amount deposited, the City shall require a sum of money that, in addition to the balance in said specified account, shall equal the amount originally required, or such lesser amount thereof that the City Council might, in such cases, determine. 6. All proceedings in connection with such subdivision or development shall be stayed until said subsequent requests for payment are deposited in said specified account. 7. Any requirement for payment not deposited within six months of the date of said request shall, at the discretion of the City Council and upon written notice to the subdivider or developer, terminate and render null and void any prior approvals granted by the City for said development or plat. 8. The City Council may, for good cause shown in writing by the subdivider or developer, grant continuances for said deposits. 9. The City Council may, at its discretion and by resolution, waive the requirements of this Section. 10. Upon receipt of the final statement or bill of the retained personnel, or within 60 days of the final development approval, or approval and recording of the final plat and acceptance of public improvements, any balance remaining in the specified account, excluding any interest, shall be returned and repaid to the subdivider or developer

19 8/07 4 Development and Subdivision Review Process. 4.1 Development Review. A. Director of Public Works Review. The Director of Public Works shall review an application for approval of a development for compliance with all Requirements of Law, and to determine whether subdivision approvals, public improvements, or land dedications are required for such development. B. Effect of Development Approval. Approval by the Director of Public Works of a development shall not entitle the developer to any other approval or issuance of any permit until after all of the standards and procedures for such other approval or issuance of such permit have been satisfied. C. Building Permits. No building permit shall be issued for any work within a development until after the Director of Public Works has approved final engineering plans for all public and private improvements. D. Occupancy Certificates. No certificate of occupancy shall be issued for any building or structure until after all public and private improvements are completed, approved, and when appropriate, dedicated to and accepted by the City. 4.2 Preliminary Plat Review. A. Filing; Deadline; Director of Public Works Review. 1. An application for approval of a preliminary plat shall be filed with the Director of Public Works, in complete and proper form, at least 30 days prior to the meeting of the Planning and Zoning Commission at which it is to be considered. 2. The Director of Public Works shall review the preliminary plat for completeness, for compliance with the Requirements of Law, including without limitation the application requirements established in Section 3 herein, and for technical accuracy. The Director of Public Works shall notify the subdivider either that the application has been accepted for processing or that it may not be processed because of deficiencies or inaccuracies. If the Director of Public Works determines that the plat should be accepted for processing, then the plat shall be referred to all appropriate staff members and committees for review. B. Action by Planning and Zoning Commission. The Planning and Zoning Commission shall conduct a public meeting to review the preliminary plat. Within 45 days after the conclusion of the public meeting, but not more than 90 days after the date of an accepted application, the Planning and Zoning Commission shall recommend approval, approval with conditions or modifications, or disapproval, and shall submit such recommendation to the City Council

20 8/07 A recommendation for disapproval shall specify the reasons for disapproval and the aspects of the preliminary plat that fail to comply with these regulations or the Requirements of Law. The Planning and Zoning Commission may recommend approval of a plat subject to certain conditions or modifications as are deemed necessary in the interests and needs of the community. The failure of the Planning and Zoning Commission to act within the time period specified, or such further time to which the subdivider may agree, shall be deemed to be a recommendation of the Planning and Zoning Commission to disapprove the preliminary plat. C. Action by City Council. The City Council shall approve, approve with conditions, or disapprove the preliminary plat within 30 days after its first regular meeting following the action by the Planning and Zoning Commission. If the City Council disapproves the preliminary plat, the Director of Public Works shall notify the subdivider in writing of the reasons for disapproval. The failure of the City Council to act within the time period specified, or such further time to which the subdivider may agree, shall be deemed to be a decision of the City Council to disapprove the preliminary plat. D. Effect of Approval. Approval of a preliminary plat by the City Council is tentative only involving merely the general acceptability of the proposed subdivision layout. Such tentative approval shall be considered permission to the subdivider to submit the final plat and final engineering plans for the proposed subdivision. E. Limitation on Preliminary Plat Approval. The approval of a preliminary plat by the City Council shall be effective for a period of 12 months from the date of approval, at the end of which time the subdivider shall have submitted a final plat for approval or a written request for an extension to this period. If the City Council has not granted an extension and a final plat is not submitted within this period, the preliminary plat shall be null and void, and the subdivider shall resubmit a preliminary plat for review by the Planning and Zoning Commission and City Council, in accordance with these regulations. F. Subdivision Phasing. The approval of a preliminary plat by the City Council may provide for the division of the subdivision into two or more sections for final plat approval, and may impose such conditions upon the filing of the sections, as it may deem necessary to assure the orderly development of the subdivision. If phasing is approved, specific approval of a variance to Section that provides a modified period of approval shall be required. G. Minor Amendments to Preliminary Plat. At any time after preliminary plat approval and before submission of a final plat, the subdivider may request that the Director of Public Works approve a minor amendment to the approved plat or conditional approval. If, in the judgment of the Director of Public Works, the proposed amendment will not substantially alter the overall layout or design of the subdivision, said amendment shall be approved. The Planning and Zoning Commission and City Council shall consider all other amendments in accordance with the same procedure for preliminary plat approval. - 17

21 8/ Submission of Preliminary and Final Plats for Simultaneous Review. The subdivider may submit a final plat simultaneously with the submission of a preliminary plat if the proposed subdivision meets all of the following requirements: A. The proposed subdivision contains three or fewer lots; and B. The proposed subdivision does not require or create any new public rights-of-way or easements for access; and C. The proposed subdivision requires no extensions of public utilities and no new public facilities; and D. The proposed subdivision does not include any territory that is located in a Special Flood Hazard Area, or contain any proposed lots that may be unbuildable because of the nature of the soils located thereon. The subdivider shall comply with all of the provisions of these regulations applicable to the submission of a preliminary plat and final plat. The Planning and Zoning Commission and City Council shall consider such plats simultaneously and shall approve or disapprove the final plat. 4.4 Final Plat Review. A. Filing; Deadline; Director of Public Works Review. 1. An application for approval of a final plat shall be filed with the Director of Public Works, in complete and proper form, at least 15 days prior to the meeting of the Planning and Zoning Commission at which it is to be considered. 2. The Director of Public Works shall review the final plat for completeness, for compliance with the Requirements of Law, including without limitation the application requirements established in Section 3 of these regulations, for compliance with the approved preliminary plat and any modifications or conditions imposed on the preliminary plat, and for technical accuracy. The Director of Public Works shall notify the subdivider either that the application has been accepted for processing or that it may not be processed because of deficiencies or inaccuracies. If the Director of Public Works determines that the plat should be accepted for processing, then the plat shall be referred to all appropriate staff members and committees for review. B. Action by Planning and Zoning Commission. The Planning and Zoning Commission shall conduct a public meeting to review the final plat. Within 15 days after the conclusion of the public meeting, the Planning and Zoning Commission shall recommend approval, approval with conditions or modifications, or disapproval, and shall submit such recommendation to the City Council

22 8/07 A recommendation for disapproval shall specify the reasons for disapproval and the aspects of the final plat that fail to comply with these regulations or the Requirements of Law. The Planning and Zoning Commission may recommend approval of a plat subject to certain conditions or modifications as are deemed necessary in the interests and needs of the community. Failure of the Planning and Zoning Commission to act within the time period specified, or such further time to which the subdivider may agree, shall be deemed to be a recommendation of the Planning and Zoning Commission to disapprove the final plat. C. Action by City Council. The City Council shall approve or disapprove the final plat within 60 days following the receipt of an accepted application, or within 60 days following the receipt of the last required document, plat, agreement, or other item, whichever is later, or such further time to which the subdivider may agree. If the City Council disapproves the final plat, the Director of Public Works shall notify the subdivider in writing of the reasons for disapproval. The failure of the City Council to act within the time period specified, or such further time to which the subdivider may agree, shall be deemed to be a decision of the City Council to disapprove the final plat. D. Approval of Final Engineering Plans Required. Except as specifically authorized by a variance approved by the City Council, no final plat shall be approved by the City Council until after the final engineering plans for the subdivision have been approved in accordance with these regulations. E. Effect of Approval. The approval of a final plat by the City Council shall not entitle the subdivider to any other approval or issuance of any permit until after all of the standards and procedures have been complied with for such other approval or issuance of a permit. F. Signing of the Plat. When a subdivision improvement guarantee is required, the City shall not endorse the final plat until after the Director of Public Works has approved the security, and all conditions of the approval have been satisfied. G. Recordation of Plat. The final plat shall be presented to the City with all necessary endorsements within six months after the date of approval by the City Council. It shall be the responsibility of the City to file the final plat with the County Recorder s Office within seven days after the final endorsement is affixed to the plat. 4.5 Vacation of Plats. An application for approval of the vacation of a plat, or part thereof, shall be filed with the Director of Public Works, and shall comply with all of the provisions of these regulations applicable to the submission and approval of a final plat. The plat of vacation shall be prepared in accordance with the requirements of 765 ILCS 205/6, as amended, and shall have the form and content provided by these regulations for a final plat. - 19