HomeMy WebLinkAboutOrdinances - MC-77-109 - 04/04/1977 - SCO Planning Commission retaianed personnel compenORDINANCE NO. Ivi C% - /0_y
lVe-- 77- /09
AN ORDINANCE
WHEREAS, the City of McHenry Plan Commission and
the City Council of the City of McHenry understand that
the expenses of the City are increased substantially by
the inspections, reviews, assistance and advice given
and provided to not only the City, but to the subdivider
by the City engineer, city attorney, city planners, fore-
casters and other technicians, professionals and experts
(cited herein as "retained personnel") retained and paid
by the City in behalf of its citizens, residents and tax-
payers to assure, insure, require, expect and demand
compliance of the Ordinances of the City in evaluating,
reviewing and approving a proposed subdivision; and
WHEREAS, the Plan Commission and City Council further
recognize that the compensation of the retained personnel
of said City is an expense that burdens and taxes its
citizens, residents and taxpayers upon projects and plans
that, when evaluated, approved and accepted by said City
will lead to anticipated profits to the subdivider; and
WHEREAS, the Plan Commission and City Council, while
in favor of profits, further recognize that the expenses to
the citizens, residents and taxpayers greatly outweigh the
benefits to be received by said residents, citizens and tax -
layers; and
WHEREAS, the Plan Commission and City Council further
recognize that said improvements created by said subdivision,
if those improvements were required by the City in a specific
area would be constructed, installed and paid for by special
assessment and said expenses would be paid for only by those
citizens, residents and taxpayers directly and specifically
benefiting from said improvements and said expenses would in-
clude any and all engineering, legal, planning and other
technical, professional or expert assistance required by said
City to construct, install and pay for said improvement; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF McHENRY, COUNTY OF McHENRY, ILLINOIS,
AS FOLLOWS:
SECTION 1. Section V of the Subdivision Control
Ordinance of the City of McHenry, be and the same is hereby
amended by adding thereto the following paragraph as and for
paragraph G of said Section:
G. FEES AND EXPENSES TO BE REIMBURSED TO CITY BY
SUBDIVIDER.
Subdividers shall pay and reimburse the City for any
and all expenses and fees directly or indirectly incurred
and charged to said City by the retained personnel of said
City as follows:
1. Retained personnel shall be defined as any
engineer, attorney, planner, economist, or
other technical, professional or other expert
paid and retained by said City to assist or
advise said City, directly and indirectly, in
planning, reviewing, evaluating, advising,
approving or accepting any subdivision by
said City.
2. The subdivider shall deposit with the City into
a specified account, the following amounts to
be used toward defraying expenses and fees of
its retained personnel:
1) . Up to one. acre - $250.00;
2). One acre up to 5 acres - $200.00
per acre or -fraction of an acre,
but not less than $250.00;
3). 5 acres up to 10 acres - $150.00
per acre or fraction of an acre,
but not less than $1,000.00; and
4). 10 acres or more - $100.00 per
acre or fraction of an acre, but
not less than $1,500.00.
3. An acre for the purposes of subsection 2, shall be
defined as that measurement of land that is the
dimensions of an acre notwithstanding any roads,
buildings or other physical structures or obstacles
located on, within or adjacent to said measurement.
4. All proceedings in connection with such subdivision
shall be stayed until said sum so designated is
deposited with the City as aforesaid.
5. Any statement or bill submitted to the City by
the retained personnel shall segregate and
identify the charges and fees incurred directly
-2-
or indirectly connected with said subdivision
and shall submit in duplicate! said charges
and fee; the original of which shall be re-
tained by the City and paid to said retained
personnel and the duplicate shall be forwarded
to said subdivider at the time an amount to
equal said charges and fees are withdrawn from
said specified account.
6. At any time the balance of the specified account
reaches one fourth of the original amount deposited,
the City Council may demand from the subdivider a
sum of money that, in addition to the balance in
said specified account, shall. equal the amount
originally demanded and required by said City Council
or such lessor fraction thereof that the City Council
might, in such case determine:.
7. All proceedings with regard to such subdivision,
shall be stayed until said subsequent demands for
payment of fees shall be deposited in said specified
account.
8. The City Council shall give notice of said demand
for payment to said subdivider and a duplicate copy
of said notice shall be furnished to the Planning
Commission.
9. Any demand or subsequent demand of the City Council,
not deposited by the subdivider within six months
of the date of said demand shall, at the discretion
of the City Council,and upon written notice to the
subdivider, terminate and render null and void the
proposed plan of subdivision.
10. All funds required by the City Council to be deposited
by the subdivider, shall be deposited by the City into
a specified account bearing interest and shall be
held in the name of the City.
11. The City Council may, for good cause shown by the
subdivider in writing to said council, grant con-
tinuances in writing to said subdivider for.said
deposits.
12. The City Council may, in their discretion and upon
written resolution, waive the requirements of this
section.
-3-
14. Upon the presentment of the final statement
of the retained personnel and within 60 days
of -the approval and recording of the final
plat, any balance remaining in the specified
account, including any interest, shall be re-
turned and repaid to the subdivider.
SECTION 2. This ordinance shall be published in pamphlet
form by and under the authority of the corporate authorities
of the City of McHenry, Illinois.
SECTION 3. EFFECTIVE DATE: This ordinance shall be
in full force and effect after its passage, approval and
publication as is required by law.
SECTION 4. REPEALER: All ordinances and parts of
ordinances in conflict herewith be, and. the same are, .hereby
repealed to the extent of such conflict.
PASSED:
This
4th day
of
APRIL
1977.
AYES:
BOLGER,
PEPPING,
HARKER,
DATZ, SMITH,
WEGENER, SCHAEDEL.
JAYS: NQNF
ABSENT: HROMFC _
APPROVED: This 4th day of APRIL 1977.
N� � �
W � P-1079)
ATTEST:
City Clerk