Loading...
HomeMy WebLinkAboutOrdinances - MC-05-877 - 11/21/2005 - AMEND CH 7 ADOPTING TEARDOWN REGS AND DESIGN GUIDEMC-05-877 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7 OF THE MCHENRY MUNICIPAL CODE TO INCLUDE TEARDOWN REGULATIONS IN THE CITY OF MCHENRY, ILLINOIS WHEREAS, the Mayor and City Council have determined that it is in the best interest of the health, safety and general welfare of the citizens of McHenry to enact teardown regulations in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. That Chapter 7 of the City of McHenry Municipal Code is hereby amended by adding thereto Article XVII, Special Requirements Applicable to Residential Teardown Sites and Infill Properties, which language is attached hererto and incorporated herein as Exhibit A. SECTION 2. All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. PASSED THIS 21ST DAY OF NOVEMBER , 2005 AYES: SANTI, GLAB, MURGATROYD, WIMMER. PETERSON. CONDON NAYS: SCHAEFER NONE ABSTAINED: ABSENT: NONE NOT VOTING: NONE APPROVED THIS 21 ST ATTEST: CI C RK DAY OF NOVEMBER 2005 MAYOR 2 Draft, 08/10/05 e-Xh 1, f t I-- X ARTICLE XVII. SPECIAL REQUIREMENTS APPLICABLE TO RESIDENTIAL TEARDOWN SITES AND INFILL PROPERTIES 7-229 Applicability. All residential teardown sites and infill parcels, as defined herein, shall be subject to the requirements of this Chapter. 7-230 Definitions. For the purpose of this section, the following terms shall have the meaning herein described: Development Department: Shall mean the Community Development Department of the City of McHenry. Infzll Parcel: An infill parcel is residentially zoned property that is vacant, underutilized or contains a building that has been unoccupied for a minimum of 10 years. The parcel's boundaries shall have remained consistent for a minimum of 10 years. Teardown Site: A teardown site is a residentially zoned property having an existing older residence on it, which will be razed and removed from the site so that a new residential building can be constructed in its place. 7-231 Design guidelines. The Design Guidelines for Residential Teardowns and Infill Parcels, prepared by the City of McHenry Community Development Department and bearing a date of August 2005, are hereby adopted by reference. 7-232 Additional building layout requirements. In addition to the requirements of other applicable Codes and Ordinances of the City, all teardown sites and infill parcels shall meet the following requirements: (a) Lot Coverage. A new residential structure shall not cover more than 40% of the total lot area upon which said structure is located. (b) Setback for Garages Facing a Public Street. An attached garage for a princcpal building having garage doors facing a public street shall be setback a minimum of five (5) feet from the main or primary wall of the principal building. (c) Side Yard Setback. The required side yard setback for a teardown site or infill parcel shall be equal to the required side yard setback of the district in which said property is located. Exception: The required side yard setback on a lot having a lot width that exceeds the average width of all the lots on the same block shall be increased by the same proportion as lot width. 7-233 Teardown Committee established. A Teardown Committee, consisting of five (5) members shall be charged with reviewing the demolition plans, site layout and all building plans for the exterior of a new home on a teardown site or infill parcel. The Committee shall include: 1) the Alderman then holding office in the Ward in which the demolition/construction is proposed; 2) the Chairman of the Planning and Zoning Commission, or his/her designee; 3) the Chariman of the Landmark Commission, or his/her designee; 4) one (1) Staff member from the Community Development Department; and 5) a member of the public, appointed by the Mayor with the advice and consent of the City Council. Draft, 08/10/05 7-234 Duties of Teardown Committee. The Teardown Committee is charged with reviewing the demolition plans, site layout and building plans for the exterior of a new home on a teardown site or infill parcel. The Committee shall review said plans for: (a) Conformance with the requirements of this Section. (b) Conformance with the Design Guidelines for Residential Teardowns and Infill Parcels. (c) Compatibility with the existing characteristics of the site and surrounding area. (d) Compatibility with the architecture style and character of existing buildings along the same street. (e) Conformance with the goals and objectives of the Official Comprehensive Plan, the Downtown Plan and the Historic Preservation Plan of the City. 7-235 Application to appear before Teardown Committee. Applications to appear before the Teardown Committee shall be on forms provided by the City. Every application shall include as a miniumum, the items indicated on the application, and a filing fee of $175. 7-236 Teardown Committee review process. (a) Submittal; Meeting date. Upon receipt of a completed original application to appear before the Teardown Committee and six (6) copies, a date shall be established for a public meeting and the copies of the application shall be forwarded to the members of the Teardown Committee. (b) Notice of commencement of demolition or construction. The applicant shall cause notice of the proposed demolition or construction: (1) Within seven (7) days after submitting a completed application to appear before the Teardown Committee, the applicant must provide notice of the pending demolition or construction, by certified mail, return receipt, to the owner(s) of all properties directly abutting the site or across a street, alley or other public way. A list of these property owners shall be submitted with the application, and must be approved by the City prior to mailing. Current ownership (taxpayer) information can be obtained at the McHenry County Assessor's Office, 667 Ware Road, Woodstock, IL 60098, (815) 334-4290. Postal Return Receipts (white mailing receipts and green return cards) from the certified mailing shall be provided to the development department within fourteen (14) days after said mailing occurs. (2) Within seven (7) days after submitting a completed application to appear before the Teardown Committee, the applicant must post the subject property, in a prominent place, with a sign announcing such commencement. The size, shape, color and message of such sign shall be as provided by the development department. Such sign shall include notice that the rules and regulations applicable to demolition and construction work are available at the development department. Such sign shall be maintained on the subject property until all work on the subject property has been completed and approved, or until removal of the sign is approved by the Community Development Director. (3) No demolition or construction on an teardown site or infill parcel shall occur until sixty (60) days after the notice requirements of this section have been 2 Draft, 08/10/05 fulfilled, or an application is approved by the Teardown Committee, whichever occurs last. (c) Public meeting. The Teardown Committee shall hold a public meeting to consider the application. No meeting shall be held in the absence of a quorum, which shall consist of three (3) members of the Committee. During the meeting, an applicant may present witnesses to speak on behalf of their project and the Committee shall have the right to question the applicant and any witnesses. (d) Teardown Committee decisions. The Teardown Committee shall render a decision on an application, passed by a majority of its members in attendance, at the close of the public meeting. The Committee shall approve, approve with conditions, or deny an application based on the criteria herein. The Committee may not defer voting on any application for more than one meeting unless the applicant agrees to any further postponment. Applications approved,- approved with conditions, or denied shall be forwarded to the development department and kept on file. (e) Resubmission. No application that has been denied by the Teardown Committee shall be resubmitted within one (1) year of the date of denial, except on the grounds of new factual evidence or a change in conditions found to be valid by the Teardown Committee. 7-237 Appeals of Teardown Committee decisions. Any applicant aggrieved by a decision of the Teardown Committee may appeal to the City Council. (a) Notice of appeal. A notice of appeal shall be filed with the development department within thirty (30) days of the decision being appealed. The notice shall include the name, address and telephone number of the person filing the appeal, the address of the property affected by the decision being appealed, identification of the section of the ordinance governing the decision being appealed, a statement of the grounds upon which the appeal is based, the reason given by the Teardown Committee for the decision, a summary of the factual evidence upon which the appeal is based, and all plans and specifications of the use affected by the decision being appealed. (b) Stay of proceedings. The filing of a Notice of Appeal shall stay all proceedings in furtherance of the action appealed from. (c) Hearing and action. Upon receipt, the development department shall transmit the Notice of Appeal and the complete record of the decision to the City Council. The Council shall fix a reasonable time for a hearing on the appeal and shall give a minimum of ten (10) days notice to the party filing the Notice. (d) Approval criteria for appeals. The Council shall reverse the order appealed only if it finds that the decision appealed: 1) was arbitrary or capricious; or 2) was based on an erroneous finding of a materal fact; or 3) constituted an abuse of discretion; or 4) was based on erroneous interpretation of this Section. 7-238 Landmark Commission access to structures for salvage purposes. Prior to the demolition of any structure on a teardown site or infill parcel, the property owner shall grant to the City of McHenry Landmark Commission permission to access such structure(s) for the purpose of salvaging items that may be of historical significance. These items may be placed into a museum for display purposes or sold to raise funds for preservation activities in the City. 3 Draft, 08/10/05 7-239 Permit time limit. No permit or approval for a teardown site or infill parcel made pursuant to Chapter 7 of the Municipal Code shall be valid for a period of more than one year after the date of issuance. The fee for any renewal or re -issuance of any permit or approval shall be the same cost as the original permit or approval. 7-240 Required plans and specifications for obtaining a building permit. Every building permit application for a teardown site or infill parcel shall include the following plans and specifications: (a) Building plans and specifications. (1) If the application includes demolition of a principal structure, the application shall include building plans and specifications, prepared in compliance with the provisions of this chapter, for any structure to be built on the subject property. (2) If commencement of construction of such structure is not planned or does not occur within 30 days after completion of demolition, the application also shall include a detailed site restoration plan as provided in subsection (b) of this section. (b) Site restoration plans and specifications. If the application includes demolition of a principal structure and commencement of construction of a new structure is not planned or does not occur within 30 days after completion of demolition, the application shall include a detailed site restoration plan depicting all work required to restore the subject property, within 30 days after completion of demolition, to a safe, clean condition until construction of a new structure has commenced, including, without limitation, backfilling of any excavation, grading, seeding, fencing, stormwater management, etc. (c) Stormwater management and soil sedimentation and erosion control plans. In addition to all other City departmental regulations, ordinances, plans and specifications, the permit application shall include detailed plans and specifications for stormwater management, soil erosion control and grading on the subject property. Such plans and specifications shall be on a drawing separate from all other plans and specifications, labeled as "stormwater management plans" and/or "soil sedimentation and erosion control plans." Such plans and specifications shall be prepared by a professional engineer, shall be made in conformance with the requirements of the City's subdivision and engineering guide and shall include a certification by the applicant, in a form provided by the City, that all requirements of the City's codes, ordinances and regulations related to stormwater management, soil erosion control and grading shall be satisfied by the applicant at all times. Among other details, the required stormwater management plans shall include: (1) Drainage plans and soil erosion control during demolition, if any. (2) Stormwater management and soil erosion control during any period of time between completion of demolition and commencement of construction. (3) Stormwater management and soil erosion control, commencing with the preparation for foundation pouring and continuing during the entire new construction process until final grading of the subject property. (d) Accessibility, parking and loading plans. The permit application shall include separate plans and specifications, showing the location of all work affecting, and all parking and loading activities planned to take place on, public streets, sidewalks and other rights -of -way. Such plans and specifications shall include, but not be limited to the: (1) Location of pavement, sidewalks and trees that may be affected by the proposed work; 4 Draft, 08/10/05 (2) Impact on such pavement, sidewalks and trees; (3) Proposed location for all parking of contractor and worker vehicles; (4) Proposed location of any loading or unloading activities, including concrete to occur within any right-of-way; (5) Proposed location of the gravel mat required by section 7-243(c); (6) Proposed fencing or other protective measures; and (7) Temporary pavement or other temporary accessibility measures. (e) Materials and spoils storage plans. The permit application shall include plans depicting the proposed location for storage of materials and spoil on the subject property that are consistent with City soil and sedimentation and erosion control requirements. (f) Dust and airborne particle control. The permit application shall include provisions for controlling dust and other airborne particles from the subject property, including, without limitation, a source of water and spraying equipment, and any other measures to be taken to control airborne particles. 7-241 Fencing. (a) If a permit issued by the City authorizes demolition or construction of a new structure, then the applicant shall install a six-foot chainlink fence around the perimeter of the structure under construction, around the perimeter of the entire site, or around the perimeter of adjacent structures concurrently under construction, and such installation shall be in a location and manner approved by the development department. The fencing shall be installed not more than seven days, nor less than four days before the commencement of any work on the subject property, including mass grading and the installation of site utilities, pursuant to any permit issued by the City. Such fencing shall remain in place until a certificate of occupancy is issued for the structure. The location of the perimeter fencing may be changed during the construction period with the approval of the development department. "No Trespassing" signs shall be mounted on the fencing in conspicuous locations around the site. (b) Any gate in a perimeter fence must be closed at all times, except to allow ingress and egress to and from the site. Such gate must be locked at all times, other than permitted hours of construction and at any other time when no work is being performed on the site, for example Sunday or holidays. (c) Fencing, as provided in this section, shall also be required around any activity, whether a building permit is required or not, where construction or landscaping materials are stored or stockpiled. (d) In addition to perimeter fencing as required in this section, the permit applicant shall cause safety fencing to be installed around every tree in the parkway abutting the subject property. Such tree fencing shall be located, as far as feasible, at the dripline of the tree, whether on public or private property; provided, however, that this subsection shall not be construed or applied to authorize placement of tree fencing on private property not owned by the applicant, unless proper permission for such tree fencing has been secured from the property owner by the applicant. If placement of tree fencing is not feasible at the dripline of the tree, then such fencing shall be installed in a location approved by the development department. (e) When a violation of this section is observed, the permittee, general contractor or property owner shall be notified promptly and shall correct the violation within two hours of receiving notice thereof. If the violation is not corrected, the City shall have the right, but not the obligation, to correct the violation. The costs and fees associated with such corrective action shall be charged to the permittee or property owner, and the City may place a lien on the property to collect such costs. The City shall also have the right to issue Draft, 08/10/05 an immediate stop work order applicable to the site until compliance is achieved and/or the costs, fees or fines are paid. 7-242 Tree Removal Fee. A fee of $50 per inch caliper shall be paid at the time of permit issuance, for any tree having a caliper of 10" or more, measured 4" from the ground that is removed from a teardown or infill site. The fine for removing any tree not specified on an approved permit shall be $500, plus $250 for every inch caliper. 7-243 Site management standards. The following site management standards shall apply to all work: (a) Accessibility, parking and loading. No pavement or sidewalk within any public right- of-way shall be unavailable for public use at any time, except when such pavement or sidewalk is removed and replaced. No such pavement or sidewalk that is removed and replaced shall be out of service for more than three days without the prior approval of the development department. No parking, loading or storage of demolition debris, spoil or construction materials shall be permitted within any right-of-way, on any public property or within ten feet of any right-of-way adjacent to public or private property, unless specifically approved by the City and shown on approved accessibility plans as required by section 7-240(d). The City may prohibit parking in any particular location on a public right- of-way if the City determines that such parking has an adverse impact on neighboring property or traffic control. All uses of vehicles shall comply with applicable codes related to parking and time of operation of vehicles. (b) Particulate control. Airborne particles shall be controlled at the subject property at all times during work by means of a water truck and spraying equipment or other water source capable of spraying and thoroughly saturating all portions of the structure and surrounding property affected by the work. Such spraying shall be undertaken at all times as necessary to thoroughly control the creation and migration of airborne particles, including, without limitation, dust, from the subject property. (c) Gravel mat. When determined by the City engineer to be appropriate and practicable, the applicant shall cause a gravel mat to be installed on the subject property, of a size and in a location sufficient to wash down all vehicles used on the subject property and to cause dirt and mud to be removed from the tires of such vehicles. The gravel mat shall be located so as not to interfere with any use by the public of public rights -of -way and not to cause any nuisance or inconvenience to adjacent public or private property. (d) Sanitation facilities. A portable toilet shall be provided at every site of construction of a new principal structure, or addition thereto, prior to the commencement of construction, unless an existing facility is available on the construction site. The proposed location of any portable toilet shall be depicted on plans submitted at the time of application for the review and approval of the building department, so that the location shall have the least possible impact on adjacent properties. (e) Litter and debris control and cleanup. Litter and debris at the subject property shall be controlled at all times. The applicant shall designate a person regularly present at the subject property as having responsibility to assure that no litter or debris leaves the subject property and that all litter and debris is removed from the subject property before the end of every day, including weekends, and regardless of whether work was conducted that day on the subject property. The permit shall specify the location of the dumpster, as approved by the building department. (f) Street and sidewalk cleaning. The applicant shall cause all dirt, mud, gravel and other debris from the subject property or related to any work conducted on the subject property to be cleaned regularly from all sidewalks and streets adjoining and in the area of the subject property on every day that construction occurs on such property. A Draft, 08/10/05 (g) Entry authorization. No permit issued pursuant to this chapter shall authorize or be construed to authorize any entry onto property adjoining the subject property or any work for which entry onto property adjoining the subject property is or may be necessary, unless a proper right of entry has been secured from the owner of such property. (h) Stormwater management. Stormwater shall be managed during all phases of demolition and new construction so as not to impact adjacent properties and/or public rights -of -way in accordance with the requirements of the subdivision and engineering guide. (i) Wastewater discharge. No person shall undertake any work pursuant to a permit issued under this chapter, from which the discharge of any wastewater will be caused or associated, without prior approval of the director of public works. It shall be the duty of the person undertaking any such work to direct all wastewater flow to the particular location designated by the public works department. No person undertaking such work shall cause or allow any cement truck wash to be discharged onto any public property or into any catchbasin or other City sewer facility. 0) Limitations of noise. All work undertaken pursuant to a permit issued under this chapter shall be subject to the provisions of Chapter 14, Section 14-8, related to limitations on noise. Further, no person shall operate or cause to be operated any radio, phonograph, telecommunications device or other such object at such a volume or in any other manner that would cause a nuisance or disturbance to any person. Every contractor and permittee shall be responsible for all actions of their employees, agents and subcontractors under this subsection, and shall be liable for all violations of the provisions of this subsection committed by such employees, agents or subcontractors. (k) Permissible hours of construction. All work undertaken pursuant to a permit issued under this chapter may occur only between the following hours: 1. 7:00 a.m.--8:00 p.m. on weekdays. 2. 8:00 a.m.--4:00 p.m. on Saturdays. 7-244 Commencement of construction or site restoration. Either construction of an approved new structure shall have commenced, or the subject property shall have been fully restored in conformance with the approved site restoration plan, if any, or with such other plans as may be approved by the City, within 30 days after the completion of demolition. Such 30-day period may be extended by one day for every business day that weather conditions prevent construction or restoration work on the subject property, as determined by the director of building and zoning. 7-245 Violations; penalties. (a) Except as otherwise indicated, any person who violates disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this article shall be fined not less than $500.00, nor more than $1,000.00. Each day such violation or failure to comply is permitted to exist after notification thereof shall constitute a separate offense. (b) No certificate of occupancy shall be issued for any construction undertaken in conjunction with the provisions of this article until such time that all penalties and fines have been resolved to the satisfaction of the director of building and zoning.