HomeMy WebLinkAboutOrdinances - n/a - 04/17/1961 - Subdivision Control Ordinance �
, SUBDNISION CONTROL ORDINANCE
CITY OF MeHENRY,, ILLINOIS
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'-� WHEREAS� it is deemed in the best interests of the public
_. i.n the area surrounding the City of McHenry� and in the City of McHenry
_ itself� to effect an orderly plan for gro�wth� development and improve-
ment of residential property� and
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WHII�.EAS, the City of M�Henry has the authority to eatablish
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and promote regulations to control subdivision development within the
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City limits and within an area one and one-half miles from the corporate
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limits of the City of M�cHenry� and
�' WHEREAS� such plan has been prepared and approved by the
" City Council of the City of MeHenry�
� NChJ� THEREFORE�
� BE IT ORDAINED by the City Council of the City of McHenry
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that the following provisions be and they hereby are adopted as the
'�Subdivision Control Ordinance" of the City of McHenry� Illinois:
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... SECTION I PURPOSE
The purpose of this ordinance is to promote the public health� safety�
and general welfare of the community and the provisions are designed
'� to lessen congestion in the streets and highways; to �urther the
orderly layout and use of land; to secure safety from fire� flood�
panic� and other dangers; to provide adequate light and air; to pre-
�— vent the overcrawding of land; to avoid undue concentration of popula-
ti.on; to facilitate adequate provision of transportation, water�
sewerage, schools� parks, plarygrounds� and other public requirements;
,�, to facilitate the subdivision and further resubdivision of larger
tracts into smaller parcels of land. The regulations provided for by
this ordinance have been made with reasonable consideration� among other
things, of the character of the City� tawnship and county with a view
�" of conserving the value of the buildings placed upon land� providing
the best practicable environiment for human habitation� and for en-
couraging the most appropriate use of land throughout the City of
�.. McHenry.
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SECTION II JURISDICTION AND APPROVAL
A. No land within the corporate limi.ts of the City of McHenry� or
wi�thin contiguous territory not more than one and one-half miles
'` of the corporate limits of the City and not included in an�r
municipality, shall� after t�he adoption of this ordinance� be
subdivided or resubdivided� or entitled to record� nor ar�y street
,.. laid out, nor any improvements be made to the land until the pro-
visions of this Ord3.nance axe met and the plats and plan or plans
of the subdivision shall be approved and certified by the Pla�
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Commi.ssion and the Mayor and City Council.
B. All unsubdi.vided 1and� and ar�r land resubdivided, within contigu-
ous territory and not more than one and one-half miles of the
" corporate limits of the City and not included in ar� municipality
shall be sub3ect to the requirements of this ordinance.
� C. No building permit shall be issued by the City authorizing the
bui7,cling on or improvement of ar�y subdivided land not of record
as of the date of this ordinance unleas the provisions and require-
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ments of this ordinance have been met.
D. The provisions of this ordinance shall not apply to divisions
resulting from:
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1. Transfers of interest i.n land. by will or pursuant to court
order;
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2. Leases for a term not to exceed five (5) years� mortgages or
easements;
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3. The sale or exchange of parcels of land between awners of
adjoining property if additiona.l lots are not thereby created
and the lots resulting axe not reduced below the minimum -.
sizes required by this ordinance or ot,her applicable laws or
ordinances; and
l�. The division of land for agricultural purposes in parcels of �
more than ten (10) acres not involving. arry new street or
easement of access.
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SECTION III DEFINITIONS
A. ��Subdivision" is hereby defined as the dividing of a tract� lot�
or paxcel of land, or the resubdividing of a previously recorded
plat of subdivision, for the immecliate or future purpose of trans-
fer of ownership or development. Specifically excluded from this —
definition are sporadic sales of individual parcels of laxge
tracts, provided� hawever, that in such saZe which shall divide a
parcel, lot or tract in such manner as to require the construe- —
tion of an access road, or roads, a.t shall be considered a sub-
division and shall be required to comply with the provisions
hereof.
B. "Fxtra-territorial plat approval 3tzrisdiction" is the unincorpo-
rated area within one and one-half miles of the corporate limits
of the City and not included in ar�y other municipality. "
SECTION N PROHIBITION
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A. No Contract �ale: No person, firm, or corporation proposing to
make or have made a subdivision within the City and the area
within the extra-territorial plat approval jurisdiction of the "'
City shall enter into ar�y contract for the sale of or shall offer
to se11 said subd.ivision or any part thereof, or shall proceed with
ariy construction work on the proposed subdivision including grad- _,
ing� until he has obtained the approval of the preliminazy sub-
division plat of the proposed subdivision.
B. Not Entitled to Record: No plat of any subdivision shall be —'
en i e o recor in the County Recorderts Office� or have ar�y
validity until it shall have been approved in the manner pre,
scribed by law. —�
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.. SEGTION V PROCEDURE
A. Compliance with Design Principle�s_�R�e u�_ired in the Plannj_.�n�__a_n_d_
S�'evelo en��a�u d�"vis ons I'�su�divi e�r or s age�all
~ comp e gener pr ncipZes of deaign and minimum require-
ments for the layout of subdivisions set forth in Section VII and
with the proviaions of Section VII establishing minimum design
�- standards and procedvres for the installation of subclivisian im-
provements of this ordinance� and in every case shall pursue the
follouring procedure:
� B. Preapplication Conference: Any owner or representative of the
awner o an oca wi n the corporate limits or within one
and one-half miles of such corporate limits sha11 first submit to
�` the Plan Co�nission of the City or ite representative, such in-
formation as may be required by the Plan Cornm3.ssion (Section VI)
to describe or outline t�he exi.sting conditions of the site and
•• the proposed developsnent thereof. The applicant sha11 be sup-
plied with pertinent information on Plan Commi.ssion requirements
not herein contained.
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C. Preliminary Plat Approval
1. Before submitting a final plat for approval� the subdivider
a' ahall prepare a preliminary plat of the proposed subdivision
which shall conform with the provisions set forth in Section VT
and Section VII of this ordinance� and shall file with the
� City Clerk an application in writing for the tentative approv-
al of said plat, accompanied by five (5) copies of the pre-
limi.nary plat.
� 2. The preli.mi.nary plat wil7. be checked as to conformity witah
the Official Plan and the principles� standards and require-
ments set forth in this ord.inance.
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3. After review of the preliminary plat and negotiations with
the subdivider on changes deemed advisable and the kind
� and extent of public improvements which will be requi.red�
the Plan Commission shall within sixty (60) days of its
submission reconunend approval� approval with conditions, or
re3ection of the plat to t,he Mayor and City Council for
`" action. Such tentative approval by the Mayor and Cit�r
Cauncil sh not constitu e accep nce o the Subclz.vs.sion.
•- 1�. The subdivider shall be notified in writing of ar�r conditions
of approva.l or the reasons for re3ection.
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5. Approval of the preliminary plat, and the subdivision improve-
ment plans and specifications, shall entitle the subdivider to
final approval of the layout shown by such plat if the final "'
plat conforms substantially to said plat and conditions of
approval have been met and complies with all City Ordiriances.
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6. Upon filing said preliminary plat with the City, the awner
shall pay the following fees:
Less than 5 acres � 25.00 '�
5 to 20 acres 50.Op
20 to 50 acres 7.p0.00
over 50 acres 20p,pp —
D. Subdivision Improvements, Plar�s and Specifications
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1. Simulta,neous with filing the preliminaxy plat, or as soon
thereafter as practicab].e� the subdivider shall: -
(a) File in writing with the City Clerk� four (1�) "
complete sets of the plans and specifications
for the construction of subdivision improvements
required in and in conformity with Section VIII. —
(b) Pay a fee amounting to one (1) percent of the
estimated value of the improvements, as established
by the City Engineer� to cover the costs of checldng
and review.
2. The construction plans and specifications will be checked by --
the City Engineer for conformity to the preliminary plat
and the principles and provi.sions set forth in tahis ordinance.
3. Upon the written recommenda,tion of the City Engineer� the ^
Ma.yor and City Council shall; within ninety (90) days of its
submission give approvali approve with conditions� or re�ect
the proposed subdivision improvements. "'
!�. The subdivider shall be notified in writing of a�y conditions
of approval or the reason for rejection. _
5. The subdivider shall obtain the necessary permits from the
appropriate agencies of t.he State of Illinois, as an agent
of the City upon specific authorization of the Mayor and
City Council.
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— E. Construction of Subdivision Tmprovements
1. Upon approval of both the preliminar3r plat and plans and speci-
._ fications for the required subdivision improvements by the
P�ayor and City Council� and the approval of the State of
Illinois, as evidenced by State permits where requiredi the
subdivi.der shall construct and install the required subdivi-
" sion improvements.
2. Sn 13eu of 1. above, the subdivider may post with the City
— cash� negotiable securities� or a surety bond runni.ng to the
City, sufficient to cover the full cost, including engineering,
inspection� etc., plus ten (10) percent of said improvements
,_ as estimated by the City Engineer� to assure the satisfactory
installation of said improvements as outlined i.n Seetion VTII
and contained on the approved plans and specifications. If
the subdivider posts a surety bond it shall have good and
" sufficient surety therein and be approved by the Mayor and
City Council.
w F. Final Plat Approval
1. Upon completion of a7.1 impravements or the posting of cash�
negotiable securities� or surety bond as required by this
' ordinance� the subdiva.der shall submit to the City Clerk t�hree
(3) copies of the fina,l plat within six (6) months of the
approval of the preliminaxy plat. Hawever� if approval of the
— preliminary plat must be obtained from another approving
authority subsequent of approval by the Mayor and City Council�
the final plat sha11 be subm3.tted within six (6) months of such
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approval. The M�yor and City Council may waive failure of the
subdivider to comply with the submission of the final plat
wi.thin the six (6) montha� if delay has been caused from
failure to complete the subdivision improvements required to
" comply w3th the pr�requisite steps prior to filin� the f3.na1
plat.
.. 2. The City Clerk shall forth�rith forward the plat to the Plan
Com�nission. The Plan Commission shall refer the final plat to
the City Engineer for review. If found satisfactory� the plat
will be returned to the Plan Commission together with a two-
'� fold certificate showing:
(a) that technical details of the plat itself have been
�- checked and found satisfactory� and
(b) that all required improvements have been satis-
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factorily completed - in case these are to be cam�
pleted by the subdivlder instead of furnishing
cash, negotiable securities, or a surety bond per- "'
mitted under section E� above, and Section VIII.
3. The Plan Gommission shall refer the final plat along with its --
recommendations to the �Iayor and City Council within thirty
(30) days of its submission to the City Clerk unless the ti.me
is extended by the City Council. The Mayor and City Council
shall approve or reject the final plat within sixty (60) days
of its submission to the City Clerk unless the time is ex-
tended by agreement with the subdivider. In the event that
the Mayor and City Council reject the final plat, the reasons "
for rejection sha11 be stated in the Nlinutes of the Council
Meeting� and a copy thereof or a written statement of the
reason for re�ection shall be supplied the subclivider. ._
�,. The final plat shall be appropriately recorded� or registered�
or recorded and registered with the a propriate County Recorder
or Registrar of Deeds within seven (7� days after the Mayor�s "'
signature has been affixed and the City Clerk�s attestation
has been made thereon.
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SECTION VI PRELIMINARY AND FT!VAI, PLAT PREPARATION AND SUPPORTING DATA
A. Preapplication Conference Data: The follvwing information shall
e prov�. e a e ime o e prel3.minary consultation:
1. Information including data on existing covenants� land '-
chaxacteristics and available camimuzi.ty facilities and
utilities, and information describing the subdivision pro-
posal, such as number of residential lots� typical lot —
widths and depth, price range� business axeas, playgrounds�
park axea, and other pu'Qlic areas, tree planting, proposed
protective covenants and proposed utilities and street ,_
improvements.
2. A location map shawing the relationship of the proposed sub-
division to existing cormnunity facilities which serve or in- —
fluence it. Include develo�an.ent name and location; main
traffic arteries; public transportation lines; shopping
centers; elementary and high schools; parks and playgrounds; ._
principal places of employment; other communi.ty features such
as railroad stations� airports� hospitals and churches; title;
scale; north arrow; and da.te.
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— 3. A sketch plan showing in simple sketch form the proposed layout
of streets, lots and other featuree in relation to existing
conditions. The sketch p1an may be a free hand pencil sketch
_, made directly on a print of the topographic survey.
B. Preliminary Plat Preparation:
" 1. The preliminary plat sha11 be drawn with waterproof� non•-fadi.n�
black ink, or legibly drawn with pencil on tracing cloth or
tracing paper of good quality on a scale of not more than one
— hundxed (100) feet to an inch and shall shaw correctly on ita
face:
_ (a) Date, scale and north point.
(b) The proposed subdivision name� which shall not
duplicate the name of ar�r plat previously recorded
" in McHenry County.
(c) The name and address af the owner� the subdivider
_. and the eng3.neer or surveyor preparing the plat.
(d) Location of the subdivision by government lot�
quarter-quarter section, section� taumship� range
"" and county.
(e) A small scale drawing of the section or government
_ aubdivision of the section in which the subdivision
lies with the location of the subdivision indicated
thereon� and oriented in the same manner as the main
� drawing.
(f) The exact length and bearing of the exterior bounda.-
ries of the subdivision.
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(g) Location and names of ad3acent subdivisions and the
owners of ad,joining parcels of unsubdivided land.
(h) Zoning on and ad3acent to the subdivision.
(i) Location, widths and names of all existing and platted
" streets� alleys� or othex public waye and easements�
railroad and utility rights-of-way� paxks� cemeteries�
water courses, draa.nage ditches, permanent buildings�
�- bridges and. other pertinent data as determined by the
Plan Conanission� wi.thin three hundred (300) feet of
the proposed subdivision� or property awned or con-
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trolled by the subdivider.
(j) The water elevations of ad�ioining lakes or streams "'
at the date of the survey and the approximate hig�
and low water elevations of such lakes or streams.
All elevations sha11 be referred to U.S.G.S. datum. —
(k) If t,he subdivision borders on a lake or stream�
the distances and bearings of a meander line ,_
established not less than twenty (20) feet back from
t,he ordinary high water mark of the lake or stream.
(1) La,yout� width and approximate grades of all ne�w '-
streets and rights-of-lway such as alleys, highways�
easements for sewers� water mains� and other public
utilities. -�
(m) Direction and distance to neaxest water and sewer
mains, and size and capacity of said mains. ,_
(n) Approxi.mate dimensions of and areas of lots.
(o) Proposed building lines. —
(p) Approximate radii of a11 curves and length of tangents.
(q) Approximate location and axea of property proposed
to be dedicated for public use or to be reserved
by deed covenant for use of all property o�mers in
the subdivision with the conditions� if ar�y� of such '�
dedication or reservation.
(r) Contours at vertical intervals of not more than �
two (2) feet, with reference to U.S.G.S. da.tum� or
at more frequent intervals if required by the Plan
Commi.ssion for land or unusual topography. ,_
(s} A table with the following information: Total
acreage of subdivision: acreage of streets; total
number of lots; average axea of lots� in squaxe —
feet; and acreage of public lands to be dedicated
other than streets.
2. Construction Plans� as required under Section V-D and Section
VIII of this ordinance shall be furnished with the preliminary
plat; provided, hawever, �hat should the subd3vider choose�
he may obtain the preliminary approval of t�,he plat in respect "�
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�^ to layout. If only a portion of the plat is to be improved
and submitted for final approval� construction plans and speci-
fications need be prepared for such portion only. Hawever�
` the entire area of the proposed subdivision ae well as ar;y
additional area necessary to proper design of facilities ahall
be the basia for design and eo indicated.
` C. FINAL PLAT PREPARATION
A final plat of subdivided land sha11 meet the following require-
— mentss
1. General Re�uirementss All plat8 shall be legibly prepared in
_ �ie'�`o�'ow�.ng manner:
(a) On muslin-backed white paper twenty-two (22) inchea
wide by t�hirty (30) inches long. When more than one
" (1) sheet is used for axiy plat, each sheet shall be
numbered consecutive],y and shall contain a notation
giving the total rnamber of sheeta in the plat and
— shawing the relation of that sheet to the other
sheeta. These sheets may be prrnrided by the county
through the regi.strar of deeds on such terms as the
_ county board shall determine.
(b) With a bind3.ng margin of one and one-half (1�) inches
on the left side of the thirty (30) inch length and a
— one (1) inch margin on a11 other sides.
(c) With a waterproof non-fadin� black ink on a scale of
� not more than one hundred (100) feet to an inch. The
scale used shall be indicated on the plat graphically.
� (d) The north point shall be to the top of the sheet� or
where this is impractioable the north point ahall be
to the left of the sheet.
�- 2. N�ap and E ineerin Information: The final plat sha11 shaw
correc on s ace:
„ (a) The exterior boundaries of the land surveyed and divided•
(b) All monuments erected� cornars and other points
established in the .field in their proper places. The
"` material of which the monuments� corners or other points
are made shall be noted at the representation thereof
or by legend, except lot corners need not be shawn.
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(c) The exact length and beaxing of the exterior boundaries�
the boundary lines of all blockst public grounds�
streets and alleys� and all lot linea, except that —
when the lines in any tier of lots axe parallel it
shall be sufficient to mark the beaxings of the outer
lines on one tier thereof. Easements shall be shawn ^
by center line and width when lines are para11e1 to
a boundazy, otherwi.se boundary bearings and distancea
shall be shawn. r.
(d) All blocks consecutively numbered� or lettered in alpha-
betical order. The blocks in numbered additions to
subdivisions bearing the same name shall be numb�red or "'
lettered consecutively through the several ad.ditions.
(e) A11 lots in each block consecutively numbered. —
(f) The exact width of all easements� streets and alleys.
(g) Al1 lake or stream shore meander lines established by ^
the surveyor in accorda�ce with Section 1X� the dis-
tances and bearings thereof, and the distance between
the point of intersection of such meander lines wit,h -�
lot lines and the ordinary high water mark.
(h) The center line of all streets. -.
(i) A north point,properly located thereon.
(j) The number of degrees and minutea in all exterior —
boundary and block angles. When such angles are be-
tween a curve and its tangent� the angle shc�m shall
be that between the tangent and the ma.in chord of the —
curve. When between curves of d3.fferent radii� the
angle between the main chords.
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(k) When a street is on a circular curve� the ma.in chord.
of the center line shall be drawn as a dotted line in
its proper place; and either on it� or in an ad�oining
table� shall be noted its beaxing and length� the `
radius of the circle of which the curve is a part
and the central angle extended. The lot lines on the
street sides may be shawn in the same ma.nner or by —
bearings and distances. When a circular curve of
thirty (30) foot radius or less is used to round off
the intersection between two (2) straight lines� it „�
shall be tangent to both straight lines; it shall be
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-n sufficient to shaw on the. plat the radius of the
curve and the tangent distances from the points of
curvatwre to the point of intersection of the �traight
L, angles.
3. NamQ Location and Position: The name of the plat shall be
pr n e ereon n prominent letters� and shall not be a
" duplicate of the name of ar�y plat previously recorded in
MeHenry County. The follawing information relating to the
position and location of the subdivision shall be shawn on
� the plat:
(a) The location of the subdiviaion by government lot�
quarter section� section� tawnship, range and coun�y
` noted immediately under the name given the su'bdivi.-
sion;
— (b) The exact location of the subdivision indicated by
distances and beaxings with r�ference to a corner or
corners established in the U.S. public land survey.
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(c) A sma,ll drawing of the section or governmental sub-
division of the section in which the subdivision lies
with the location of the subdivision indicated thereon.
' This drawing sha11 be oriented on the sheet in the
sams manner as th� main drawing.
— (d) Where provisions are made for access from any sub�
diviaion to arry lake or atream, the plat sha11 shaw
the area over which access is provided to the lake
� or stream together with a �sma11 scale drawing
clearly indicating the location of the subdiviaion
in relation to the lake or etream and the location
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of the area over which access is provided.
(e) The namss of ad�oining s�treets� state highways and
subdivisions sho�m in their proper location under-
_. scored by a dotted line.
(f) Abutting street and state highway lines of ad�oining
_ plats shvwn in their proper location by dotted linee.
The width of these streeta and highways shall be
given aleo.
-� �.. Roads and Public Spaces:
(a) mhe name of each road or street in the plat shall be
.., printed thereon in prominent letters.
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(b) All lands dedicated to public use except roads and
streets sha7.1 be cleaxl,y marked ��Dedicated to the
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5. Site Conditions and Topography: The fina.l plat shall show:
(a) Al1 e�d.sting buildings;
(b) All watercourses, draina.ge ditches and other existing _
features pertinent to proper subdivision.
(c) The water elevations of adjoining lakes or streams
at the date of the survey and the approximate high and '�
low water elevations of such lakes or streams. All
elevations shall be referred to U.S.G.S. datum,
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6. Certificates to Accompariy Plat: To entitle a final plat
to be recorded, such certi icates as are required by law
shall be lettered or printed legibly with black durable
ink or typed legibly with black ribbon. �
SECTION VII MINIMUM REQUIREMCNTS AND GENERAL DESIGN PRINCIPLES FOR —
A. General: In laying out a subdivision� the subdivider shall conform ,^
o�:`
1. A11 applicable ordinances of the City of McHenry.
2. The Official Plan! as amended� of the City of McHenry.
3. The Official Map� as amended� of the City of McHenry. -.,
4. Applicable 1aws� rules� and regulations of the State of
I1linois and duly constituted agencies thereof. r,
5. In all instances where a requirement of this ordinance is
similar to or in conflict with other provisions of the City
orclinances, County ordinances, rules or regulations� the most "
restrictive shall apply. and prevaa.l.
6. Where public sites and areas as shown on the 0£ficial Plan —
Map of the City of McHenry lie within an area proposed for
development and are greater in axea than the area to be pro-
vzded under this Paragraph A, the subdivider sha11 reserve �
for acquisition by the City - through agreement, purchase�
or condemnation - the remaining greater proposed public
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— area for a period of one (l) year.
B. Streeta:
1. A public street sha11 be provided for convenient access to
all property wlthin �he subdivision. No priva�e street or
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thoroughfare sha31 be permitted.
2. The street layout o€ the subdivision shall be in general
conformity with a plan for the most advantageous develop-
— ment of ad3oining axeas in the entire neighborhood. The
streets �hall be designed and located in relation to exist-
ing and planned streets, to topographical conditions and
_ natural terrain features such as streams and existing tree
gro�wth� to public convenience and safety and in their appro-
priate relation to the proposed use of the land to be served
by such streets.
3. All streets in a subd.ivision abutting a state or county
highway shall meet all the requirements of the State or
— County regul.ations pertaining thereto. .
1�. tiJhenever a tract to be subdivided embraces ar�y paxt of a
_ public street so designated on the official map� such part
of such etreet shall be platted by the subdivision at the
location and width indicated on the plan.
— 5. Street Classifications
(a) Ma�or streets shall be those hav3ng inter-city or
_ regional importance and shall be properly integrated
with the existing and proposed system of ma�or streets
and hi�hways� and shall be such right-of-way width
as may be required for the construction of an urban
" type pavement section� provided hawever, that the
right-of way shall not be of a width less than one
hundred (100) feet.
(b) Secondary streets shall be inter-neighborhood and
shall be properly related to the mass transit system�
_ to special traffic generating fram facilities such as
schools, churches, and shopping centers to popula-
tion densities, and to the ma�or streets into which
they feed. The dedicated right-of-way widths shall
' be of such width as to provide adequate space for
. the design of an urban type street section; provided�
however, in no case .shall the right-of-way width be
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less than eighty (80) feet.
(c) Collector and minor local streets shall be laid out '�
to conform as much as possible to topography and to
discourage use by through traffic� to permi.t efficient
draina.ge and sewer systems� to require t,he minimum —
amount of street to provide convenient safe access
to property. Rights-of-way shall be of such a rrrldth
to provide the necessary areas for the design of an _,
urban type street section, provided however� no
minor street right-of-way sha11 be less than sixty (60)
feet. Streets designated as "collector streets" in the
official map shall have a right-of-way of not less than "
sixty-six (66) feet. A minor street used as a frontage
street may have a minimum right-of-rwa,y width of fifty
(50) feet. —
6. Provision shall be made so that all proposed streets shall have
a direct connection with or be continuous and in line with ex- _,
isting, planned, or platted streets with which they are to
connect.
7. Proposed streets sha11 be extended to the boundary ].ines of "
the tract to be subdividedi unless prevented by topography or
other physical conditions� or unless, in the opinion of the
Plan Commission� such extension is not necessary or desirable -.
for the coordination of the layout of the subdivision with
the existing layout or the most advantageous future develop-
ment of ad�acent tracts. Dead end streets, not over four _
hundred {l�00) feet in length� will be approved when necessi-
tated by topography.
8. The grade of major� secondary� and collector streets sha11 �
not exceed six (6) percent� unless necessitated by exceptional
topography and approved by the Plan Commission. The grade of
all other streets shalZ not exceed ten (10) percent. The ..
minimum grade of all streets shall be five tenths (.5) per-
cent.
9. A minimum sight distance with cleax visibility, measured along 'i
the center line� shall be provided of at least three hundred
(300) feet on major streets� two hundred (200) feet for second-
ary streets and one hvndred (100) feet on other streets. —
10. Al1 changes in street grades shall be connected by vertical
curves of a minimum length equivalent to fifteen (15) times ,.,,
the algebraic difference in the rate of grade for major streets
�� �
— and seconda,ry streets and one half (1/2) of this mii�iimam
length of all ot.her streets.
,_ 11. A tangent of at least one hundred (100) feet shall be intra-
duced between reverse curves on ma3or and secondary streets.
12. New street names shall not duplicate the names of exi.sting
— streets, but streets that are continuatione of others already
in existence and named shall bear the name of the existing
streets.
13. Streets designed to have one end permanently closed aha11 not
exceed four hundred (400) feet in length and shall terminate
_ wa.th a turn-around of not less than one hundred (100) feet in
diameter of right-of way and a paved roadway turn-axound of
eighty (80) feet in diameter.
— 14. Reserve s�trips controlling access to streets shall be en-
couraged where their control is definitely placed in the City
under conditions approved 17y the Plan Commission.
�
15. Where a half-street is adjacent to the subdivision� the other
half of the street shall be dedicated by the subdivider.
� 16. Intersections:
(a) Property lines at street intersections shall be
— rounded with a radius of twenty-five (25) feet or
of a greater radius where the Plan Commission considers
it necessary.
(b) Street 3ogs with center line offsets of less than
one hundred twenty-five (125) .feet shall be avoided.
Where atreets intersect ma3or and secondary streets�
— their alignment shall be continuous.
17. Alleys:
(a} Alleys shall be provided in all commercial and
industrial da.stricts� except that the Plan Coirmiission
_ may waive this requirement where other definite and
assured provision is made for service access such as
off-street loading and parking consistent with and
_.
adequate for the uses proposed.
(b) Alleys shall not be approved in residential areas
unless necessary because of topography or other
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exceptional circumstances.
(c) The width of alleys shall not be less than twenty- "'
four (2�.) feet.
(d) Dead end alleys are prohibited. —
C. Block and Lot Layout:
i
l. The lengths, widths and shapes of blocks shall be such as are
appropriate for the locality and the type of deveZopment con-
templated� but block length in residential axeas shall not
exceed one thousand five hundred (1,50�) feet nor have less "'
t�han sufficient width to provide for two tiers of lots of
appropriate depth between street lines.
�
2. Pedestrian crosswalks� not less than ten (10) feet wide� may be
required by the Plan Commission through t�he center of blocks
more than nine hundred (900) feet long where deemed essential _
to provide circulation or access to schools� playgrounds�, shop-
ping centers, transportation and other community facilities.
3. Lots in General: '-
(a) The size� shape and orientation of lots shall be
appropriate for the location of the subdivision and ..
for the type of development and use contemplated�
provided that no residential lot shall contain lesa
than ten �thousand (10'000) square feet in area.
—
(b) Lot dimensions sha11 conform to the requirements
of the zoning ordinance, but in no case shall a lot
have a frontage of less than seventy-five (75) feet —
at the building line and a depth of one hundred ten
(110) feet.
(c) Depth and width of properties reserved or laid out
for commercial and industrial purposes shall be
adequate to provide for the off-street servi.ce and
parldng facilities required by t,he type of use and '"
development contemplated� as required in the zoning
ordinance.
(d) Residential lots� fronting on major streets and
highways, should be platted with extra depth or
reserve strips to permit generous distances between
�
the buildings and such traffic ways.
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�' {e) Excessive depth of relation to width �hall be avoided.
A proportion of two and one-half (22) to one (1)
ahall normally be considered as a desirable ma�d.miun
-- for lot widths of one hundred (100) feet or more.
(f) In determining the minimum lot areas under this
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ordinance and to meet the zoning ordinance require-
ments, both of the follawing conditions must be
met:
— (1) Ninety (90) percent of the minimum lot area
shall be at least two (2) feet above the
approximate high water elevation of ar� lake
_ or stream affecting the area, and
(2) Eighty (SO) percent of the mini.mum lot area
shall be at least three (3) feet above the
— highest ground water level� as estimated by the
subc�ivider or his agent from soil boring test
data� and as verified by the City �ngineer.
?�. Corner lots for residential use sha11 hav+e extra width to per-
mit full building setbacks on both streets as required by
_, applicable provisions of the zoning ord3nance.
5. Ebery lot shall front or abut on a public street. Lots with
an access on],y to existing private drives or streets sha11. be
'- permitted only with P1an Coirnnission approval.
6. Lots at right angles to each other should be avoided where-
-4 ever possible� especial],y in residential areas.
7. Side lot lines shall be substantially at right angles or
radial to the street linee.
8. Lots shall follow municipal boundary lines whenever prac-
ticable� rather than cross them.
�
9. Double frontage and• reversed frontage lota sha7.1 be avoided
except where necessary to provide separation of residential
_ development from traffic arteries or to overcame specific
. disadvantages of topograpl-iy and orientation.
�
D. Easements: �
1. Utility easements shall be provided at the rear of all resi-
dential lots and along the side lot lines where required.
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Such utility easement shall. be at least ten (10) feet wide
and normally centered upon the rear or sitie lot line. Evi-
dence shall be furnished the Plan Comanission that eas�nents
and a�y easement provi.sions to be incorporated on the plat
or in deeds have been reviewed by the individual utility
companies or the organization responsible for furnishing the —
servioe involved.
2. Where a subdivision is traversed by a water course� drainage ._
way, channel or stream�
(a) There shall be provi.ded a storm water easement
or drainage right-of�ay conforming substantially "
with the lines of such water course� and such fur-
ther width or construction, or both� as will be
adequa.te for the purpose and as may be necessary —
to comply with this section� or
(b) The water course� dra,inage way� channel� or stream� _,
may be relocated in such a manner that the main-
tenance of adequate drainage will be assured and
the same provided wit�h a storm water easement or
drainage right-of�way conforming wi.th the lines of "'
the relocated water course and such further width
or construction� or both� as will be adequate for
the purpose and may be necessary to .comply with this —
section.
(c) Wherever possible� it is desirable that t�he drainage be _,
mainta.ined by an open channel with landscaped banks
and adequate width for maximum potential volume of
flow. In all eases, such water course shall be of
a minimum width equivalent to that at the established "'
two (2) foot high water ma.rk or, in the absence of
such specification� not less than thirty (30) feet.
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SECTION VIIZ MINIPNM DESIGN STAND.ARDS AND PROCEDURES FOR THE
S A T ON OF SUBD ISION RO MENT „�
A. Improvements Completed: A11 of the improvements required under
is or nance an ese provisions shall be constructed in ac-
cordance with these provisions prior to the filing with the City —
Clerk of the final plat for final approval by the Ma.yor and City
Council.
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►� B. Optional Completion of Improvements: In lieu of constructing the
improvemen s in "A" above, a surety bond may be furnished as pro-
vided in Section V-E of this Ordinance.
...
C. Guarantee of Material and Worl�nanshi : The subdivi.der shall pro-
v�. e a guaran ee on runnz.ng o e City in t,he amount of twenty
(20) percent of the cost of the improvements, for a period of
' one (1) year after completion of construction.
D. Procedure:
�
1. Simultaneous with filing the pre].iminary platr or as soon
thereafter as practicable, four (4) copies of construction
� plans and specifications� prepared by a Professional
Engineer Registered in Illinois� shall be furnished in ac-
cordance with the provisions of this section for the follow-
ing subdivision improvements:
(a) Streets
— (b) Sanitary sewerage system
(c) Storm draina,ge including sewers
! (d) Water Supply and distribution
(e) Street Lights
�
(f) Sidewalks
_. (g) Curb and gutter
(h) Public utility locations
'� (i) Street signs� guard rails� etc.
2. Construction and Inspection:.
�
(a) Prior to starting ar�r of the work covered by the
plans approved above� written authorization to start
� work sha1Z be obtaa.ned fram the City Engineer� upon
receipt of all necessary permits, and in accordance
with construction methods of paragraph G of this
section.
(b) Construction of all improvements required by this
ordinance must be completed within one (1) year
�
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frmn the date of the approval of the preliminary
plat by the Plan Commission� unless good cause
can be shown for granting of an extsnsion of time -'
by the Mayor and City Council.
(c) During the course of construction and at such -
times as the City Engineer deems necessary� within
customary and good practices of engineering and �
construction, inspection of the work shall be made _
to insure compliance with the plans and specifica- .
tions as approved. The subdivider shall pay the
actual costs of inspections. This fee shall be
the actual cost to the City of inspectorsi engi- -
neers� and other paxties necessary to insure satis- _
factory work.
3. "As Built" Plana: After coQnpletion of alI pub7.:i.e improv+ements
and prior o inal acceptance of said improvements� the sub-
divider shall ma.ke or cause to be made a map shawing the _
actual location of all valves, manholes, stubs, sewer and
water mains, and such other facilities as the City Engineer
shall require. This ma.p shall be in black ink on tracing
cloth and shall bear the signature and seal of a Professional -'
Engineer Registered in Zllinois. The presentation of this
map shall be a condit3on of final acceptance of the improve-
ments and release of the surety bond assuring their completion. -,
4. Survey Monuments: All permanent and other monuments required
un er ec ion shall be placed prior to the approval of the _
final plat.
5. Acceptance of Dedications, Improvements:
�
(a) The approval of the final plat by the Mayor and City
Council shall constitute acceptance of the dedication �
of aryy public street� open space� or other public _.
area.
(b) The acceptance of the improvements constructed�
in accordance with this ordinance for operation and -
maintenance purposes, shall be after successful
completion of the guarantee period covered by the
guarantee bond� and by formal resolution of �the �
Ma.yor and City Council. However� the normal opera-
tion costs of the pumping stations, street lights�
etc., shall be assumed by the City when put in
�
operation upon being tentatively accepted subject
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�- to the gu.arantee.
E. Design Standa.rda:
�
1. Streets:
� (a) Ma3or streets shall have a right-of�waq widtah as
established by the Official Plan of not less than
one hundred (100) feet. Where open drainage ia
utilized� the width shall be not less than one
�- hundred twenty (120) feet. The pavement shall con-
aist of two (2) twenty-four (2!�) foot roadways
separated. by a four (4) foot concrete median and
, consisting of an eight (8) inch waterbound Ma.cadam
base and a two and one-half (22) inch I-11 bitumi-
nous concrete surface. Curb and gutter sha11 be
provided in all cases where the Official Plan calls
— for urban design� and in other places where drain-
age or alignment may require.
�- (b) Secondary streets shall have a right-of way width
of not lesa than eighty (80) feet. In urban areas,
as designated by the Official Plan� the pavement
w
width shall be forty,two (!�2) feet. In rural axeas
where open drainage is utilized� the pavement width
shall be twenty (20) feet situated for eventual
widening to forty-two (42j feet. The pavement shall
`' consist of an eight (8) inch waterbound P?acadam base
and a two (2) inch I-11 bitwninous concrete surface.
,. (c) Collector strePts sha11 have a right-of w�y width
of not less than aixty-six (66) feet� pavement
width of thirty-six (36) feet and a pavement consiat-
ing of an eight (8) inch waterbound Macadam base and
— a two (2) inch B-ta. bituminous concrete surface,
(d) Nlinor streets sha7.1 hav�e a ri.ght-of-+way width of not
�- less than sixty (60) feet� pavement width of twenty-
six (26) feet� and a pavement consisting of an eight
(8) inch waterbound macadam base and a two (2) inch
�, B-� bituminous concrete surface.
(e) Cul-de-saas sha13. meet a11 the requirements of a
minor street and� in additi�n� shall provide a turn-
"' around of one hundred (100) feet in diameter right-
of-way� of which eighty (80) feet in diameter shall
be paved.
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2. A,�ll Ys: Alleys provi.ded to serv�e business� commercial� or in-
ud strial uses shall be constructed in accordance with the _
secondary street specifications; hawevez�� the paved surface
need not exceed twenty (20) feet of the twenty-four (21�) foot
right-of way.
3. Curb arid Gutter: Concrete curb and gutter shall be provided
a�ng t�e out ide edge of all street pavements where closed
dxainage is utilizeda and in other places where drainage or .�
alignment may require� as determined by the City Engineer.
Such curb and gutter shall be type five (5), State of Illinois
Standaxds. „_
!�. Sanitary Sewerage System:
(a) There shall be provided a complete sanitary sewer � —
system, inclu.ding a service connection for each lot�
and a sewerage treatment plant or disposal facil3.-
ties which services the subdivision, in any subdivi�
sion:
(1) containing ten (10) or more lota;
(2) having an average lot size less than twenty-
one thousand (21�000) square feet; or
(3) lying within one thousand three hundred twenty
(1,320) feet of a public sanitary sewer accessi-
ble for use.
�
(b) In any subdivi.sion containing less than ten (10)
lots, which lots are larger than twenty-one thou-
sand (21,000) square feet in area� individual sewer- '�
age disposal systems may be installedf provided:
(1) All requirements of t,he City� appropriate ._
county if applicable� and the Stat,e Board of
Health axe met� and
(2) Private restrictions shall be filed with the
final or record plat, and incorporated in
each deed so that as soon as public sewers axe
exten8.ed to the subdivision� connection will —
be made at the property awners� expense, and
that owners shall bear their fair proportionate
share of the cost of the public sewer as deter- _
mined by agreement� special assessment, or
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�- other means authorized by law to fina.nce con-
struction of sewer systems.
�. (c) All community sewerage systems shall be designed
and constructed in accordance with the master plan
of sanitary sewers to serve the City area.
" (d) Sewer Design:
(1) Sanitary sewers sha11 be vitrified clay pipe
— not less than eight (8) inches in diameter.
(2) Sanitary sewers are to be designed on the basis
_ of a flow of eleven hundred (1,100) gallons per
day per lot served and an infiltration of one
thousand (1�000) ga11 ons per da.y per mile of
sewer. The sewers will be designed in such a
'" way as to insure a minimum velocity of flaw of
two, (2) feet per second and a ma.�d.mum velocity
of flow of eig�t (8) feet per second.
...
(3) Pipe shall be laa.d with the bell end upstream
and shall be provided with "slip seal" or equiva-
� lent �oints, Supporting strengths of clay pipe
sha11 be those shawn in the Clay Pipe En ineeri
Manual and shall not be exceede in loading.
`� (!�) Manholes shall be provided at all changes in
direction or pipe size and in no case further
than three hundred. (300) feet apaxt. Manholes
,. sha11 be of the type specified in State of
Illinois Standard S ecifications -�S�
�pe A. Drop manholes shall e requi.red where
nver elevations differ by more than two (2)
— feet six (6) inches.
(5) Sanitary sewers sha11 be located in the parkway
►- on the south or east side of the street.
(e) Disposal facilities shall be designed to treat ade-
�
quateT'q �Ehe anticipated sewage load' under (d)-(1)
above. Facilities shall meet the approval o£ the
State�'$oard of Health� City Enginee�, or County
....
Engineer� where standards have been duly est,ablished•
(f) The right of� the City to charge the actual cost of
operating and ma,intaining such Treatment Plant or
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facility shall be stated on the final or record -
plat and incorporated in the deed.
5 Storm-water sewerage or surface drainage system� sha11 be pro-
� vided to serve adequate],y the area being platted; aonsidering�
but not 7.imited to the follaw-I.ng: —
(a) Whenever possible existing drainage channels shal7,
be used. _
(b) The design of the drainage system shall consider and
shaw:
...
(1) Storm drainage axea of which the subdivision
is a part.
�
(2) Calculations as to volume and frequency of
water to be handled.
(3) A scheme of culverts sufficient in size to ^
eliminate flooding or ponding of water. _.
(1�) Grades which ma,y result in erosion or ponding -�
and therefore require storm sewers.
(5) Existing water courses. _
(6) A plan of subdivision grading to prevent the
ponding of storm water� and to eliminate �
problems of (b) (1) above.
(c) In all subdivisions having a lot area of less than
twenty-one thousand (21�000) squaxe feet and condi- —
tion� of �5(b),(1�) above� storm sewers are required
meeting the follawing minimum specificationss
...
(1) Storm sewers of reinforced concrete pipe sha11
not be less than ten (10) inches in diameter.
(2) The sewers sha11 be designed in such a way as "
to insure a minimum velocity of flow of two
(2) feet per second and maximum velocity of
flow of eight (8) feet per second. -.
(3) Manholes sha11 be provided at all changes in
direction of pipe and pipe size� and ehall ,_
be of the type specified in '�State of Illinois
M�A _
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•- Standard Sp�ec�ifications - 1527 - S, Type A��.
Z"nle�'s "s�a1T�e"loca e3"no more an ve
hundred (500) feet apart and sha11 be of the
,_ type specified in the State of Illinois
Standard Specifications`�bS�=�;�Tyne A.
(4) Storm sewers sha17. be located in the parkway
' opposite the sanitary sewer.
(d) Where ditches are utilized for storm drai.nage they
— shall meet the following minimum standardss
(1) Sod bottom and banks of ditches with grades
.._
to four (4) percent.
(2) Ditch checks must be constructed in ditches
with grades from four (1�) to eight (8) per-
" cent.
(3) Provide rip-rap or pave ditches with greater
.. than eight (8) percent grades.
(1�) Culverts at a11. street or driveway intersec-
tions aized to eli.minate flooding or ponding
' of water.
6. Water Supply and Distribution:
� -
(a) In ar�y subdivisions
� (1) Containing ten (10) or more lots; or
(2} Having an average lot size of less than twenty-
�
one thousand (21�000) square feet; or
(3) Within one thousand t.hree hundred twenty
(1,320) feet of a public water aupply and
�- accessible for use; or
(4) Una,ble to meet the requirements of the State
w
Board of Health for individual water supply.
There shall be provided a complete water supply
and distribution syatem� including all appurte-
" nancea.
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—
(b) In ar�y subdivision containing less than ten (10)
lots� which lots are larger than twentyone thou-
sand (21�000) square feet in area individual water ""
supplies may be permitted provided:
(1) All requirements of the City and the State -.
Boaxd of Health axe fully met, and
(2) Private restrictions shal.]. be filed with the
�
final or record plat and incorporated in each
deed that the awners shall bear their fair
proportionate shaxe of the cost of the public
water main as determined by agreement or spe- "
cial assessment proceeding, or other means
authorized by law to finance construction of
water systems. -.
(c) All cornmunity water supply and distribution systems
sha11 be designed and constructed in accordance with _
master plan of water distribution and supply for t�he
City.
(d) Water M�ai.n Design: -'
(1) No water main shall be installed of less than
six (6) inches in diameter. _
(2) Fire hydrants of the Eddy type� with auxiliary
valves, sha11 be provided in accordance w.I..th the
recammendations of the Nationa.l Board of Under» "�
writers� but in no case shall the spacing of said
fire hydrants be greater than four hundred (400)
feet. —
(3) Right-hand closing valves shall be provided in
such locations as to a11aw the shutting do�m of
not more than one t�housand (1�000) lineal feet
of pipe.
(!�) Valve vaults shall be provided for all valvea —
except fire hydrant� auxiliary valves and will
be of the type specifie@ in State of Illinois
Standard Specifications a.s determined by the .-
City Enginesr.
(5) Mechanical �oint pipe only will be used.
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�- (6) Water mains shall be located in the parkway
on the North or West side of the street� with
a horizontal separation from the storm sewer
,., of at least five (5) feet.
(e) The water supply shall be designed to furnish water
in a quantity sufficient to provide each of the total
` number of lots in the subdivision with four hundred
(400) gallons of water in a twelve (12) hour period.
�- (f) The water distribution system shall be designed to
provide water adequately in residential areas at
five hundred (500) gallons per minute, and one thousand
_„ (1�000) gallons per minute in commercial areas� main-
taining a twenty (20) pound residual pressure•
(g) Sufficient storage shal]. be designed and constructed
— to provide a reserve supply of four hundred (l�00)
gallons per lot in tehe subdivision.
�.. (h) The right of the City to charge the actual cost of
operating and maintaining such treatment plant or
facility to the property awners shall be stated on
the final or record plat and incorporated in the
" deed.
7. Street Lighting:
�
(a) Residential street lighting facilities sha11 be
provided at all street intersections and at the mid-
,_ point in blocks over one thousand (1�000) feet in
length.
{1) The subdivider shall arrange for and pay any
" installation costs requi.red by the Public Service
Company for the erection of the required street
lights.
►
(2) The height� type and light level provided sha11
be as recommended by the City Engineer and
„ lighting engineers of the Public Service Compar�y
in accordance with accepted lighting practices.
(b) Coaanercial street lighting facilities shall be of
" •the high level, high intensity type and shall be
placed every one hundred fifty (15�) feet on alter-
na.te sides of the street.
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8. Sidewalks shall be �rovlded to serve the follawing areas:
(a) Commercial and business property shall be provided �"
with concrete sidewalks five (s) inches thick and a
, minimum of ten (10) feet wide.
�
(b) Ma�or and seconc3..axy streets sha11 be provided with
sidewalks four (1�) feet wide� four (tt) inches thick�
and located one (1) foot off the groperty line with- _
in the street right-of-way, on both sides of the
street.
(c) Residential propertiee of seventy-five (75) feet "
frontage or less sha11 be provided with oontinuous
concrete sidewalks on one side of the street four
(1�) inches thick� four (1�) feet w3.de and located —
one (1) foot off the property line.
9. Street Signs, Guard Rails, Landscaping, etc. _
(a) Street name signs of t�he type approved by the City
aha11 be installed on t�he northeast corner of each
intersection. '-
(b) Guaxd rails shall be p].aced along the shoulder of
ar�y street where street construction has resulted in ._
an enbankment greater than six (6) feet in height.
(c) Wherever possibles existing treea shall be preserved
in the installation of subdivision improvements. "'
Al1 street right-of-way shall be seeded or sodded.
Provision shall be made to assure the growth of a11
landscaping. —
10. Over�ize Design.
Tnihere required in the over-all City utility planni.ng as evi-
denced by the master plans for water� sani.tary� storm sewers�
and streets� any subdivision improvements shall be laxger than
necessary to serue the immediate subdivision adequately� and —
agreement ma,y be made to repay the subdiv3.der the construction
cost resulting fram the increased design size. This shall
apply, but not be limited to� collector sewers, lift stations� —
disposal facilities, wells� pumping stations� watermains�
storage tanks, culverts� storm sewers� etc. In the case of
ma.�or streets, the subdivider sha11 assume a cost equivalent ,_
to that of a secondary street•
a
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�- FINAL CONSTRUCTION PLANS
A. Fina,l construction plans shall be prepared on 22" x 36" paper or
� cloth and shall contain �at least the following information in the
following order:
�
1. Title page
2, Plat of Subdivision
•- 3. General layout draw:ings of the proposed streets
1�. General layout drawings of the proposed water system
� 5. General layout drawings of t�he proposed sanita.ry sewera
�
6. General layout drawings of the proposed storm draina.ge
7. Plans and profiles of streets and sewers� scale not less than
one (1) inch equals fifty (5Q) feet horizontal; and one (1)
_. inch equals five (5) feet vertical.
8. Details of streets� structures� etc.
MATERIAL STANDARDS
�
A. All construction of improvements covered by this Ordinance shall be
in accordance with, and ma.terials used shall be in compliance with�
_ the methods and materials required in the appropriate sectiona of
"Standard Specifications of Road and Bridge Construction" as amended�
published by the Division of Highways, State of Illinois.
` B. The following construction material shall conform to the standaxd
indicated:
.. Standard Strength Clay Sewer Pipe To be Specified by City Engineer
Extra Strength Clay Pipe �� �� rr n tr �r
._
Concx'ete Sewer Pipa �t �� �� �� �� ��
Corrugated Metal Pipe +� �� « �� �� �►
�
Concrete Masonry +� �� �� �� �� �t
�
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Bui.lding Brick To be Specified by City Engineer
ConCrete Building Brick " tr �i n �� �� �
Cast Iron Water Pipe �� " ° " ° ��
Cast Iron Sewer Pipe ° " �� ° '� �t
Frames and Grates '� " " �� ° '�
SECTION IX SURVEYING REQUIREMENTS
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�Su_r�ve s Re uired: Every subdivision of land under the terms of this
or3ln-ance s . require a survey meeting the provisions of the State
of Illinois Statutes. —
SECTION X VARIATIONS ,_
A. Ar�q person aggrieved by ar,y order� requirement� deciaion or deter-
mination made by an admin�strat�.ve official charged with the en-
forcement of this ordinance� or ar�r person who can shaw e�f.dence —
of exoeptional topographical or other physical conditions which
would cause extraordi.nary or peculiax hardship if the provisions
of this ordinance were to be strictly applied in his case� may peti-
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tion the Plaruiing and Zoning Cormnission of the City of McHenry� for
a hearing to review such order� requirement� decision or determina-
tion as made by an administrative official� or to seek relief frorn
compliance with specific provisions of this ordinance due to extra- "'
ordinary or peculiar conditions. Tha filing of such petition and
the proceedings to be follawed are to conform with the provisions
of the City of McHenry Zoning Ordinance in regard thereto, Follow- -•
ing such hearing, the P1ann3.ng and Zoning Commiasion may make
recoitanendations for action to the Mayor and City Council� who may
vary and make exceptions to the provisions of thia ordinance to
the extent deemed �ust and proper� 3.ncluding the alleviation of
hardship or reversal or modification of the order� requi.rement�
decision or determination of the administrative order appealed.
Provided, however, such reversal or modification of orders� or such �-
variation of compliance requirements may not be granted if they will
be a detriment to t,he public good� or wiZl i.mpair .the intent and
purpose of t�he intention of this ordinance or the desirable general —
development of the city in accordance wit�h the official Planning
and Zoning Ordina.nce;
Provlded further� that in no event shall the requirem,ent of filing
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— and recording of the plat or survey map be waived;
Provided further, that ariy exception mad.e or variation granted
�, shall be stated in writing and filed with the recorda of subdivi-
sion with the Plan Co�rnnission setting forth the reasons which� in
the opinion of the Plan Commission and Mayor and City Council
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justified such exception or variation.
SECTION XI VIOLATION - PENAI,TY
A. Enforcin��_P_�enal��t�ies. An�y person, firm� company or corporation
w o vio a es���iso�eys, omits� neglects� or refuses to camply with
or who resists the enforcemlent of ar�y of the provisions of this
— ordinance� shall be subject to a fine of not more than two hundred
($200) dollars for each offense or to imprisor�ment in the county
jail for a period of not more than six (6) months, or both� i.n the
�- discretion of the court.
In case any building or structure is erected, constructed, altered�
�, repaa.red, converted or maintained or $ny bui.lding� structure or
land is used in violati�on of this ordinance, the proper authorities
of the city� or any person the value or use of whose property is or
may be affected by such vsolation� in addition to other remedies�
— m�,y institute any appropriate action or proceedings in equity to
prevent such unlawful erection� construction� reconstruction�
alteration, repair, conversion, ma.intenance or use, to restrain,
! correct or abate such violation� to prevent the occupancy of said
building, structure, or land� or to prevent ar�y illegal act� con-
duct, business or use in or about the premises.
� The enforcing officer of this ordinance shall have pawer to make
such orders, requirements� decisions and. determinations as are
necessary to enforce this ordinance.
B. Interpretations Purposes and Conflict. In interpreting and app�y-
ing e provisions o is or inance' they shall be held to the
— minimum requirements for the prcenotion of the public health� safety�
morals� comfort and general welfaxe. It is not intended by this
ordinance to interfere wi.th or abrogate or annul any ordinance�
_, resolution� rules� regu7.ations or permits previously ad.opted or
issued� and not in conflict witlz any of the provisions of this
ordinance relative to the use of buildings� structures� or 1and�
nor is it intended by tahis ordinance to interfere with, abrogate�
'�- or annul any easements� covenants! or other agreements between
paxties� provided� hawever� that wherever this ordinance imposes a
greater restriction upon the use of buildings� structures or land
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or requirea greater building linea� then the provisions of tni.s
ordinance shall control.
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C. Conflicting Ordinancee. All ordinance� or resolutions or parts
ereo n co c erewith are hereby repealed insofax as they
conflict wit�h t�,he provisions herein set forth. —
D. V�a�li__d__i_t���. Should ariy section� clause or provision of this ordinance
�e dec�ared by a court of competent 3urisdict3.on to be invalid� such
decision shall not affect the validity of this ordinance as a whole i
or any part thereof� other than the part so declaxed to be invalid.
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SECTION XII AMENDMENTS
No amendments of the regulations of this ordinance shall be made .�
except after a hearing or hearings before the Planning and Zoning
Comm3.ssion in accordance with the rules and regulations provided
for such heaxings in the Planning and Zoning Ordinance of t.he City
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of McHenry.
Thie�ordinance shall be in ful7. force and effect fran and after ite
passage and approval according to law. "
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ATTESTs
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P2`@Serit: /do,C. Gc�2 � C,o•✓..il+y� �/ i� , �' s"�r Tr/
frcl c��, / ( f����
Voting Aye:�o,c 6�, �O�y"��� � �����
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Voting Naye: Iv a�✓r
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Pasaed and approved this 17th day of April� A. D. 1961.
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