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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