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HomeMy WebLinkAboutOrdinances - MC-07-907 - 01/29/2007 - application fees and retained personnel depositsORDINANCE NO. D4C-n7-an7 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE MUNICIPAL CODE, ZONING ORDDINANCE AND SUBDIVISION CONTROL AND DEVELOPMENT ORDINANCE TO AMEND APPLICATION AND RETAINED PERSONNEL FEES IN THE CITY OF MCHENRY, ILLINOIS WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on January 18, 2007, in the manner prescribed by Ordinance and Statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Municipal Code, Zoning Ordinance and Subdivision and Development Control Ordinance text amendments; and 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 amend these Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. That Section 17-5. Retained personnel deposit, of the City of McHenry Municipal Code is hereby amended to: All applications for zoning relief, except applications for Integrated Design District (IDD) and those matters expressly exempted there from by Section III) of the Zoning Ordinance of the City of McHenry, shall be accompanied by an initial retained personnel deposit in the sum of $500.00, which sum shall be used toward deferring the expenses and fees of its retained personnel as described in said Section III) of the Zoning Ordinance and the expense of providing copies of unapproved Planning and Zoning Commission Minutes and reports and recommendations as provided in Section 17-8 hereof. If multiple zoning actions are requested then the initial deposit fee shall be doubled to $1,000.00. At any time that the balance of the initial retained personnel deposit is reduced to the sum of $75.00, the zoning applicant shall make such other and further deposit, upon the request of the City Clerk, as may be necessary to restore the retained personnel fund balance to the initial sum. All proceedings in connection with the zoning application shall be stayed until the zoning applicant has complied with the retained personnel requirements of this ordinance. (MC-92-568; MC-96-648;MC-04-855) The retained personnel deposit for the establishment of a Integrated Design District (IDD) for property located within the corporate limits of the City, for property located within the mile and one-half jurisdiction outside the corporate limits of the City and property in the process of being annexed to the City shall be as set forth in Article VI of Chapter 2 of this Municipal Code. (MC-96-648) All proceedings in connection with zoning applications shall be stayed until the zoning applicant has complied with the retained personnel requirements of this Code. (MC-96-648) SECTION 2. That Section 17-6. Zoning filing and hearing fees, of the City of McHenry Municipal Code is hereby amended to: All applications for zoning relief, except as hereinafter otherwise provided, shall be accompanied by a filing fee in the amount of $450.00, except as hereinafter otherwise provided. Where the zoning application requests a minor variation only (as defined in the Zoning Ordinance) and the applicant elects to have the Planning and Zoning Commission hear the application on the same date that the Planning and Zoning Commission has scheduled another application for hearing, the initial filing fee shall be $175.00; in the event that the applicant for a minor variation elects a hearing date on which no other application is scheduled for hearing, the initial filing fee shall be $450.00. (MC-89-502; MC-96-648) The non-refundable filing fee for a Integrated Design District zoning application shall be $2,500.00. (MC-96-648) Except in those cases where a zoning hearing is recessed for lack of a quorum, the zoning applicant shall pay to the City a recessed filing fee in the amount of $250.00 for each recessed meeting of the Planning and Zoning Commission held in connection with said application. All such recessed hearing fees shall be paid by the applicant to the City not less than 72 hours before the scheduled commencement of the recessed hearing. In the event that said recessed hearing fee is not paid as herein provided, the recessed hearing of the Planning and Zoning Commission shall be cancelled without further notice to the applicant SECTION 3. That Section 17-7. Zoning sign deposit, be deleted in its entirety. SECTION 4. That Section 17-8. Copies of Plan Commission minutes and Zoning Board of Appeals reports and recommendations, shall be amended to correct all instances of Plan Commission and Zoning Board of Appeals to Planning and Zoning Commission. SECTION 5. That Chapter IX. Signs C. Administration 2. Relief, is hereby amended to: Petitions for relief from the sign regulations herein shall be heard and decided by the City Council. Submission requirements shall be as determined by the Council, and no public notice shall be required. There shall be a $175 application fee. The Council shall grant such relief only by a cote of the majority of its members and only if it finds that such relief: a. Will not be materially detrimental to the public welfare or injurious to other property in the vicinity; and b. Will not impair an adequate supply of light and air to adjacent property, increase the danger of fire, endanger public safety, or substantially impair property values in the neighborhood. C. Shall not give the property owner of business an unfair advantage over a similar business. d. Will not cause a hazard to the public's safety by being distracting because of size, location or being located within rights -of -way. SECTION 6. That Section 3.4 Fees and Deposits of Chapter 1. General Provisions, of the Subdivision and Development Control Ordinance be amended as follows: 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 Developments $450 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. la. The following amount shall be deposited into a specified account with the City upon filing an application for a preliminary plat, final plat, or development, which shall be used toward administrative and retained personnel expenses and costs: 0-4 acres $900.00 per acre 5-9 acres $700.00 per acre 10+ acres $500.00 per acre lb. The following amount shall be deposited into a specific account with the City upon filing an application for a variation to the Ordinance: $500.00 lc. 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. SECTION 7. All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 8. 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 9: 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 29TH DAY OF JANHARY 52007 AYES: SANTj,OLqB, 96HAEER, MURrn� v{ER, PETERSON, C0NDON NAYS: NONE ABSTAINED: ABSENT: NOT VOTING: NONE APPROVED THIS 2ATH DAY OF N R. Y .2007 ATTEST: YOR 2 ,C - CITY LE C 4