HomeMy WebLinkAboutOrdinances - MC-85-320 - 02/04/1985 - Adoption of SCO with revisionsCITY OF McHENRY
SUBDIVISION CONTROL ORDINANCE
MC-85-320
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1985
CITY OF MCHENRY
SUBDIVISION CONTROL ORDINANCE
TABLE OF CONTENTS
SECTION
I
PURPOSE
Page
2
SECTION
II
JURISDICTION AND APPROVAL
Page
3
SECTION
III
DEFINITIONS
Page
5
SECTION
IV
PROHIBITION
Page
6
SECTION
V
PROCEDURE
Page
7
SECTION
VI
PRELIMINARY & FINAL PLAT
Page
30
PREPARATION & SUPPORTING DATA
SECTION
VII
MINIMUM REQUIREMENTS AND GENERAL
Page
60
DESIGN PRINCIPLES FOR THE LAYOUT
OF A SUBDIVISION
SECTION
VIII
MINIMUM DESIGN STANDARDS AND
Page
75
PROCEDURES FOR THE INSTALLATION
OF SUBDIVISION IMPROVEMENTS
SECTION
IX
SURVEYING REQUIREMENTS
Page
100
SECTION
X
VARIATIONS
Page
101
SECTION
XI
VIOLATION - PENALTY: INTERPRETATION:
Page
107
REPEALER: SEVERABILITY: PUBLICATION:
ETC.
A P P E N D I X
A
- 1
FLOOD CONTROL ORDINANCE
Page
150
A-
2
PROCEDURE TO BE FOLLOWED IN
Page
165
CONNECTION WITH AMENDMENT OF
ANNEXATION AGREEMENTS
A -
3
PROCEDURE TO BE FOLLOWED IN
Page
170
CONNECTION WITH ANNEXATION
AGREEMENTS
A -
4
SUBDIVISION CHECKLIST
Page
175
(PRELIMINARY)
A -
5
SUBDIVISION CHECKLIST
Page
190
(FINAL)
A -
6
RULES & PROCEDURES, PLAN
Page
200
COMMISSION
A -
7
FEES & EXPENSES TO BE REIM-
Page
210
BURSED TO CITY FOR NEW
ANNEXATIONS - RETAINED PERSONNEL
A -
8
THE FOLLOWING APPLIES TO VACANT
Page
215
LAND WITHIN THE CITY AND ITS
JURISDICTION
A -
9
COUNTY RECORDER'S CERTIFICATE
Page
217
(FOR FINAL PLAT)
MC-85-320
SUBDIVISION CONTROL ORDINANCE
CITY OF MCHENRY, ILLINOIS
WHEREAS, it is deemed in the best interests of the public in the
area surrounding the City of McHenry, and in the City of McHenry itself,
to effect an orderly plan for growth, development, and improvement of
residential property, and
WHEREAS, the City of McHenry has the authority to establish and
promote regulations to control subdivision development within the City
limits and within an area one and one-half miles from the corporate
limits of the City of McHenry, and
WHEREAS, such plan has been prepared and approved by the City
Council of the City of McHenry.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
McHenry, that the following provisions be and they hereby are adopted as
the "Subdivision Control Ordinance" of the City of McHenry, Illinois:
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 less-
en congestion in the streets and highways; to further the orderly layout
and use of land; to secure safety from fire, flood, panic, and other dan-
gers; to provide adequate light and air; to prevent the overcrowding of
land, to avoid undue concentration of population; to facilitate adequate
provision of transportation;, water, sewerage, schools, parks, playgrounds
and other public requirements; to facilitate the subdivision and further
resubdivision of larger tracts into smaller parcels of land. The regula-
tions provided for by this ordinance have been made with reasonable con-
sideration, among other things, of the character of the City, Township
and County with a view to conserving the value of the buildings placed
upon land, providing the best practicable environment for human habita-
tion, and for encouraging 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 limits of the City of McHenry, or within
contiguous territory not more than one and one-half miles of the cor-
porate limits of the City and not included in any municipality, shall,
after the adoption of this Ordinance, be subdivided or resubdivided,
or entitled to record, nor any street laid out, nor any improvements
be made to the land untill the provisions of this Ordinance are met and
the plats and plan or plans of the subdivision shall be approved and
certified by the Plan Commission and the Mayor and City Council, pro-
vided, however, that a plat of subdivision of a small tract, contain-
ing not more than one acre in area, may be approved by the Mayor and
City Council pursuant to the provisions of Section V, Paragraph I
hereof without Plan Commission participation.
B. All unsubdivided land, and any land resubdivided, within contiguous
territory and not more than one and one-half miles of the corporate
limits of the City and not included in any municipality shall be sub-
ject to the requirements of this Ordinance.
C. No building permit shall be issued by the City authorizing the build-
ing on or improvement of any subdivided land not of record as of the
date of this Ordinance unless the provisions and requirements of this
Ordinance have been met.
D. The provisions of this Ordinance shall not apply to divisions result-
ing from:
1. Transfers of interest in land by will or pursuant to Court order;
2. Leases for a term not to exceed five (5) years, mortgages
or easements;
3. The sale or exchange of parcels of land between owners of adjoin-
ing property if additional lots are not thereby created and the
lots resulting are not reduced below the minimum size required by
this Ordinance or other applicable laws or ordinances; and
4. The division of land for agricultural purposes in parcels of more
than ten (10) acres not involving any new street or easement of
access.
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E. No building permit shall be issued for the construction of any build-
ing on any lot within a subdivision until all of the public improve-
ments (excepting sidewalks) designated by the approved subdivision
plans and specifications have been installed in the platted subdivi-
sion unit or phase in compliance with all requirements of the City,
are operational, and have been accepted by the City Council; provided,
however, that the City Council may authorize the construction of one
or more residential units for use as sale models only in such numbers
as the City Council in its sole discretion may determine.
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SECTION III - DEFINITIONS
A. "Subdivision" is hereby defined as the dividing of a tract, lot or
parcel of land, or the resubdividing of a previously recorded plat of
subdivision, for the immediate or future purpose of transfer of owner-
ship or development. Specifically excluded from this definition are
sporadic sales of individual parcels of large tracts, provided, how-
ever, that in such sale which shall divide a parcel, lot or tract in
such manner as to require the construction of an access road, or
roads, it shall be considered a subdivision and shall be required to
comply with the provisions hereof.
B. "Extra -territorial plat approval jurisdiction" is the unincorporated
area within one and one-half miles of the corporate limits of the City
and not included in another municipality.
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SECTION IV - PROHIBITION
A. No Contract Sale: 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 any contract part thereof, or shall offer to sell said subdivi-
sion or any part thereof, or shall proceed with any construction work
on the proposed subdivision including grading, until he has obtained
the approval of the preliminary subdivision plat of the proposed sub-
division.
B. Not entitled to Record: No plat of any subdivision shall be entitled
to record in the County Recorder's Office, or have any validiity, un-
til it shall have been approved in the manner prescribed by law.
10
SECTION V - PROCEDURE
A. Compliance with Design Principles Re=yuired in the Planning and Devel-
oement of a Subdivision : The subdivider or his agent shall comply
with the general principles of design and minimum requirements for
the layout of subdivisions set forth in Section VII and with the
provisions of Section VII establishing minimum design standards and
procedures for the installation of subdivision improvements of this
ordinance, and in every case shall pursue the following procedure:
B. Pre -application Conference: Any owner or representative of the owner
of land located within the corporate limits or within one and one-half
miles of such corporate limits shall first submit to the Plan Commis-
sion of the City or its representative, such information as may be
required by the Plan Commission (Section VI) to describe or outline
thereof. The applicant shall be supplied with pertinent information
on Plan Commission requirements not herein contained.
C. Preliminary Plat Approval
1. Before submitting a final plat for approval, the subdivider shall
prepare a preliminary plat of the proposed subdivision which
shall conform with the provisions set forth in Section VI and
Section VII of this Ordinance, and shall file with the City Clerk
an application in writing for the tentative approval of said
plat, accompanied by thirty (30) copies of the preliminary plat.
Prior to any review of the proposed preliminary plat by the Plan
Commission, subdivider shall file with the City Clerk a title
commitment for an owner's title insurance policy issued by any
title company licensed to do business in Illinois in the initial
amount of $5,000.00 covering title of the real estate being
subdivided and covering a date not more than 14 days prior to the
date the preliminary plat has been filed with the City Clerk,
showing title in the intended subdivider and all encumbrances and
other matters of record; prior to the time that the proposed
final plat of subdivision is submitted to the City Council for
its consideration and action, said initial title insurance shall
be increased by the subdivider to an amount covering the full
fair cash market value of the property that is to be dedicated to
the City by the final plat of subdivision.
2. The preliminary plat will be checked as to conformity with the
Official Plan and the principles, standards, and requirements set
forth in this ordinance.
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 required, the Plan Commission
shall within sixty (60) days of its submission recommend approv-
al, approval with conditions, or rejection of the plat to the
Mayor and City Council for action. Such tentative approval b
the Major and City Council shall not constitute acceptance of the
3uu ivisions.
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4. The subdivider shall be notified in writing of any conditions of
approval or the reasons for rejection.
5. Approval of the preliminary plat, and the subdivision improvement
plans and specifications, shall entitle the Subdivider to final
approval of the layout shown by such plat if the final plat con-
forms substantially to said plat and conditions of approval have
been met and complies with all City Ordinances.
6. Upon filing said preliminary plat with the City, the owner shall
pay the following fees:
Less than 5 acres $100.00
5 to 20 acres 200.00
20 to 50 acres 300.00
over 50 acres 400.00
D. Subdivision Improvements, Plans and Specifications
1. Simultaneous with filing the preliminary plat, or as soon there-
after as practicable, the subdivider shall:
a. File in writing with the City Clerk four (4) complete sets
of the plans and specifications for the construction of sub-
division 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 checking 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 provisions set forth in this Ordinance.
3. Upon the written recommendation of the City Engineer, the Mayor
and City Council shall, within ninety (90) days of its submission
give approval, approve with conditions, or reject the proposed
subdivision improvements.
4. The subdivider shall be notified in writing of any conditions of
approval or the reason for rejection.
5. The subdivider shall obtain the necessary permits from the appro-
priate agencies of the State of Illinois, as an agent of the City
upon specific authorization of the Mayor and City Council.
E. Installation of Subdivision Improvements; Construction Guarantees;
Reduction of Construction Guarantees
1. Installation of Subdivision Improvements Prior to Final Plat
Approval. A subdivider shall have the option to construct
require— subdivision improvements prior to the approval of the
final plat, after both the preliminary plat and plans and speci-
fications have been approved by the Mayor and City Council.
In such case the subdivider shall, within two years after the
date of such approval (unless good cause can be shown to the
Mayor and City Council for granting an extension of time), con-
struct and install said required improvements in accordance with
the approved preliminary plat and plans and specifications. When
the subdivider has. completed all of the required improvements and
has complied with all of the conditions and requirements of this
ordinance relating to the acceptance of the required subdivision
improvements by the City, the final plat will be approved by the
Mayor and City Council.
2. Installation of Subdivision Improvements after Final Plat
Approval. A final plat of division may be approved by the
Mayor and City Council prior to the construction and installation
of required subdivision improvements provided, however, that said
final plat shall not be recorded in the Office the of the Recor-
der of Deeds until the subdivider has posted with the City Clerk
a construction guarantee in the amount of one hundred twenty-five
percent (125%) of the cost of the required improvements as item-
ized in writing by the subdivider's engineer and as approved by
the City Engineer. Said itemized cost of improvements shall be
accompanied by photocopies of all contracts relating to the
required improvements that have been entered into by the subdivi-
der. However, where any such contracts are entered into after a
final plat has been approved by the Mayor and City Council,
photocopies of such subsequent contracts shall be immediately
provided by the subdivider to the City Engineer, whereupon the
dollar amount of the construction guarantee previously accepted
by the City may be reviewed and changed by the Mayor and City
Council where the actual costs of construction as shown by said
contracts exceed the costs previously itemized to the City by the
subdivider's engineer. Any increase in the dollar amount of the
construction guarantee ordered by the Mayor and City Council
shall be posted by the subdivider with the City Clerk immediately.
3. Construction Guarantee. The construction guarantee required in
paragraph 2 of this Subsection E shall assure the City of the
satisfactory installation of the ,required subdivision improve-
ments within two years after the date that the final plat is
approved in accordance with the approved plans and specifications
and according to good engineering and construction practices.
Such construction guarantee shall be secured either by cash, an
irrevocable letter of credit issued by a federally insured bank
or savings and loan association, a certificate of deposit with,
or an escrow account at, a federally insured bank or savings and
loan association or a surety bond by a good and sufficient surety
company, with the form of any tendered construction guarantee
being subject to the approval of the Mayor and City Council.
NE
Where the required improvements have not been installed either
within the time required or in accordance with the approved plans
and specifications, the City may draw the guarantee amount for
use in matters relating to insuring the satisfactory construction
of said improvements, including attorney's fees, engineering and
consulting fees and court costs, if any, incurred in connection
with the enforcement of the provisions of this Ordinance.
4. Reduction or Release of Construction Guarantee. A construction
guarantee may be reduced or released by the Mayor and City Coun-
cil upon subdivider's prior compliance with each of the following
requirements:
a. A written application shall be made by subdivider to the
Mayor and City Council for a reduction, release or payout
in such amount that guarantee funds remaining will always
equal 125 % (one hundred twenty-five percent) of the cost to
construct the uncompleted work, as determined by the Mayor
and City Council after consultation with the City Engineer.
b. The aforesaid written 'application shall, be supported by the
project engineer's certificate that he has regularly in-
spected the improvements made during the progress of the
construction and that the improvements have been constructed
and installed in conformance with the approved plans and
specifications and in accordance with good engineering and
construction practice.
C. The subdivider shall provide the City with the "As -Built"
Plans described in Section VIII-D(3) of this Ordinance.
d. The subdivider shall provide the City with the "guarantee
bond" described in Section VIII-C of this ordinance.
F. Final Plat Approval
1. Upon completion of all improvements or the posting of cash, nego-
tiable securities, or surety bond as required by this Ordinance,
the subdivider shall submit to the City Clerk thirty (30) copies
of the final plat within six (6) months of the approval of the
preliminary plat. However, 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 shall be
submitted within six (6) months of such approval. The Mayor and
City Council may waive failure of the subdivider to comply with
the submission of the final plat within the six (6) months, if
delay has been caused from failure to complete the subdivision
improvements required to comply with the prerequisite steps prior
to filing the final plat.
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2. The City Clerk shall forthwith forward the plat to the Plan Com-
mission. 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 twofold certi-
ficate showing:
a. that technical details of the plat itself have been checked
and found satisfactory, and
b. that all required improvements have been satisfactorily com-
pleted in case these are to be completed by the subdivider
instead of furnishing cash, negotiable securities, or a
surety bond permitted under Section E, above, and Section
VIII.
3. The Plan Commission shall refer the final plat along with its
recommendations to the Mayor and City Council within thirty (30)
days of its submission to the City Clerk unless the time is ex-
tended 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 extended by
agreement with the subdivider. In the event that the Mayor and
City Council reject the final plat, the reasons for rejection
shall be stated in the Minutes of the Council Meeting, and a copy
thereof or a written statement of the reason for rejection shall
be supplied the subdivider.
4. The Final plat shall be. appropriately recorded, or registered, or
recorded and registered with the appropriate County Recorder or
Registrar of Deeds within seven (7) days after the Mayor's signa-
ture has been affixed and the City Clerk's attestation has been
made thereon.
G. Fees and Expenses to Be Reimbursed to City by Subdivider (Includes
Subdivisions Inside and Out51 a of City Boundaries.) Subdividers
shall pay and reimburse the City for any and all Council and Admin-
istrative expenses and costs, and for any and all fees, salaries or
compensations incurred and charged to the City by retained personnel
of the city in connection with planning, reviewing, evaluating, advis-
ing, approving or accepting any subdivision by the City.
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, evalua-
tion, advising, approving or accepting any subdivision by said
City. *
* See addendum 6 for Retained Personnel Fees and Expenses to be reim-
bursed to the City for new annexation.
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:
a.
Up to one
(1) acre - $250.00;
b.
One (1)
acre up to five (5) acres
- $200.00 per acre or
fraction
of an acre, but not less than
$250.00;
C.
Five (5)
acres up to ten (10) acres
- $150.00 per acre or
fraction
of an acre, but not less than
$1,000.00; and
d.
Ten (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 dimension of an acre notwith-
standing 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 per-
sonnel shall segregate and identify the charges and fees incurred
directly or indirectly connected with said subdivision and shall
submit in duplicate said charges and fees; the original of which
shall be retained 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
lesser fraction thereof that the City Council might, in such
cases, determine.
7. All proceedings, with regard to such subdivision, shall be stayed
until said subsequent demands for payment of fees shall be depos-
ited in said specified account.
B. The City Council shall give notice of said demand for payment to
said subdivider and a duplicate copy of said notice shall be fur-
nished to the Plan Commission.
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9. Any demand or subsequent demand of the City Council, not deposit-
ed 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 continuances in writing to said
subdivider for said deposits.
12. The City Council may, in their discretion and upon written resol-
ution, waive the requirements of this section.
13. Upon 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 returned and repaid to the subdivider.
H. Dedication of Park,Lands and School Sites or for Payment of Fees in
Lieu Thereof, and Payment of Cash Contributions for Library
Purposes:* As a condition of approval of a final plat of sub ivy—sio-nn,,�
or of a final plat of a planned unit development, each subdivider or
developer will be required to dedicate land for park and recreational
purposes and land for school sites, to serve the immediate and future
needs of the residents of the development, or to pay a cash contribu-
tion in lieu of actual land dedication, or a combination of both, at
the option of the City, and to pay a cash contribution for library
purposes, in accordance with the following provisions:
1. Criteria for Requiring Park and Recreation Land Dedication:
a. Requirements and Population Ratio. The ultimate density of
a proposed development shall bear directly upon the amount
of land required for dedication. The total requirement
shall be one acre of land per 100 of ultimate population.
b. In the event the City should determine that a cash contribu-
tion shall be made by the subdivider or developer in lieu of
land dedication the City shall apply the population ratio of
one acre of land for 100 ultimate population within the
development or area to be subdivided times the fair market
value as established in this ordinance.
* See Addendum 8 for Schools, Parks & Library Fees Applicable to Lands
Not Covered by Paragraph H.
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2. Criteria for Requiring School Site Dedication:
a. Requirement and Population Ratio. The ultimate number of
students to be generate by a subdivision or planned unit
development shall bear directly upon the amount of land
required to be dedicated for school sites. The land dedica-
tion requirement shall be determined by obtaining the ratio
of: (1) estimated children to be served in each such school
classification over the (2) maximum recommended number of
students to be served in each such school classification as
stated herein, and then applying such ratio to the (3) said
minimum recommended number of acres for a school site of
each such school classification as stated herein. The pro-
duct thereof shall be the acres of land deemed needed to
have sufficient land for school sites to serve the estimated
increased children in each such school classification.
b. School Classifications and Size of School Site. School
classifications and size of school sites within the City
shall be determined in accordance with the criteria hereto-
fore set forth in the recital portion of this ordinance.
C. Density Formula. The current Table of Estimated Ultimate
Population per 7welling unit of population density, which is
published by the Illinois School Consulting Service, shall
be used in calculating the amount of required dedication of
acres of land and any combination of land dedication and
cash contribution. For purposes of this paragraph the cur-
rent table shall mean the most recent table of estimated
ultimate tabulation per dwelling unit published by the Illi-
nois School Consulting Service as applied simultaneously
with the request for approval of the final plat of subdivi-
sion or planned unit development pursuant to the ordinances
of the City. In the event a subdivider or developer files a
written objection to the Table of Estimated Ultimate Popu-
lation listed herein, he shall submit his own demographic
study showing the estimated additional population to be
generated from the subdivision or planned unit development
and in that event final determination of the density formula
to be used in such calculations shall be made by the City
Council based upon such demographic information submitted by
the subdivider or developer and from other sources which may
be submitted to the City Council by the School District or
others. It is recognized that population density, age dis-
tribution and local conditions change over the years, and
the specific formula for dedication of land, or the payment
of fees in lieu thereof, as stated herein, is subject to
periodic review and amendment if necessary.
BEIM
3. Criteria for Requiring a Contribution in Lieu of Park and School
Sites. Where the development is small and the resulting site is
too small to be practical or when the available land is otherwise
inappropriate for park, recreational or library purposes or a
school site, the: City shall require the subdivider or developer
to pay a cash contribution in lieu of the land dedication re-
quired.
a. Fair Market Value. The cash contributions in lieu of land
shall be based on the "fair market value" of the acres of
land in the area improved, as specified herein, that other-
wise would have been dedicated as park and recreation and
school sites. It has been determined that the present "fair
market value" of such improved land in planning jurisdiction
of the City is $20,000.00 per acre, and such figure shall be
used in making any calculation herein unless the subdivider
or developer files a written objection thereto. In the
event of any such objection, the developer shall submit an
appraisal showing the "fair market value" of such improved
land in the area of his development or other evidence there-
of and final determination of said "fair market value" per
acre of such improved land shall be made by the City Council
based upon such information submitted by the subdivider or
developer and from other sources which may be submitted to
the City Council by the School District or others.
4. Cash Contributions:
a. Cash Contribution Schedule. The cash contribution per each
residential we ing unit for park, library and school pur-
poses where the City requires cash in lieu of land dedica-
tion for school, park or library sites, shall be in accord-
ance with the following schedule:
CONTRIBUTION PER RESIDENTIAL DWELLING UNIT FOR:
TOTAL
TYPE OF RESIDENTIAL C NIRIBUTION
DWELLING UNIT SCHOOLS PARK LIBRARY PER UNI
Single Family
Dwellings -
33 broom or less $400.00 $400.00 $100.00 $ 900.00
4 bedroom 500.00 500.00 125.00 1125.00
5 bedroom 600.00 600.00 175.00 1375.00
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TYPE OF RESIDENTIAL CONTRIBUTION
DWELLING UNIT SCHOOLS PARK LIBRARY PER UNIT
Apartments:
1 bedroom 25.00 180.00 50.00 255.00
2 bedroom 150.00 300.00 75.00 525.00
3 bedroom 225.00 390.00 100.00 715.00
Townhouse, Row
Ouse Qua riplex
bedroom 0 180.00 50.00 230.00
2 bedroom 75.00 300.00 75.00 450.00
3 bedroom 260.00 390.00 100.00 750.00
It is recognized that local conditions change over
the years and the cash contribution provided in the
foregoing is to be subject to periodic review and
amendment, if necessary.
b. Time of Payment.
1. Where territory is Located Outside of City. Where the
territory in such subdivision or planned unit development is
located outside of the City boundaries but within its plan
jurisdiction„ the cash contribution required by this ordin-
ance shall be payable to the City when application is made
to the City to approve such subdivision or planned unit
development.
2. Where Territory is Located Within the City. Where the
territory in such subdivision or planned unit evelopment is
located within the City boundaries, the cash contributions
required by this ordinance shall be payable to the City
either upon the sale of each lot or parcel, or at the time
application is made to the City for the issuance of a resi-
dential building permit in connection with any premises in
said subdivision or planned unit development, whichever
event occurs first; provided, however, that if not sooner
paid, one-half of said cash contributions shall be due and
payable eighteen months after the final plat approval and
the remaining one-half of said contributions shall be due
and payable thirty-six months after said final plat approval.
C. Method of Calculating Number of Bedrooms; Supplementary Pay-
ments. In those situations where the aforesaid cash contri-
ution is due upon an application being made for a residen-
tial building permit, such contributions shall be calculated
pursuant to the above schedule on the basis of the type of
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residential unit to be constructed and the number of bed-
rooms specified in said application.
In each of those situations where the aforesaid cash contri-
bution is due and payable prior to the application for a
residential building permit, such cash contribution shall be
calculated pursuant to the above schedule and on the basis
that the single family dwellings to be subsequently con-
structed will contain a minimum of three (3) bedrooms, and
that the apartments, townhouses, row houses and quadriplexes
will contain one bedroom per each allowable residential
unit, provided, however, that if later an application for
building permit is made showing more than the aforesaid num-
ber of bedrooms per dwelling unit, the applicant for such
building permit shall then be required to pay a supplemen-
tary cash contribution to the City to make up the difference
between the amount previously paid by the developer or sub-
divider and the amount required for the actual number of
bedrooms to be constructed in such residential dwelling unit.
d. Agreement and Notice of Ordinance to be Placed on All Plats.
In those cases where the proposed subdivision is located
within the boundaries of the City and where a cash contribu-
tion is required to be paid to the City, the following
agreement and notice shall be placed on all final plats of
subdivision:
AGREEMENT AND NOTICE RE: CASH
CONTRIBUTIONS TO,CITY OF MCHENRY, ILLINOIS
As a condition of approval of the Plat of Subdivision, the under-
signed owner agrees with the City of McHenry, Illinois and all
parties who shall hereafter acquire from the subdivider any land
described in this Plat shall be taken and held to agree with the
City of McHenry, Illinois, to comply with the terms and provi-
sions contained in Paragraph H of Section V of the Subdivision
Control Ordinance of the City of McHenry, Illinois, relating to
the payment of fees for park, recreational, school and library
purposes.
Notice is hereby given to all persons, including corporations,
who acquire any land from the subdivider hereof, that no applica-
tion for a building permit for a residential dwelling unit will
be issued by the City of McHenry, Illinois, unless the aforesaid
cash contribution has been previously paid to the City of Mc-
Henry, Illinois, in connection with the land to which the appli-
cation for building permit relates.
In witness whereof, the undersigned owner has hereunto signed and
sealed this instrument this day of , 19
Owner
-17-
e. The City shall remit the cash contributions to the affected
districts on a periodic basis not less frequently than annu-
ally. Such cash contributions shall be held in a special
fund by each of said districts and shall be disbursed by
them only for such lawful purposes as may be authorized by
statute or by law.
I. PLAT OF SUBDIVISION OF SMALL TRACTS: The owner of land located within
the corporate limits or within one and one-half mile thereof, or the
representative of such owner, may appear before the City Council and
request it to waive the procedures set forth in paragraphs A,B,C,D,E
and F of this Section with regard to the subdivision of a small tract
of land containing not more than one acre of area. If the City Coun-
cil, after consideration of such request, is of the opinion that the
intent and purpose of the provisions of the Subdivision Control Ordin-
ance will not be violated by a waiver of said paragraphs, the City
Council may waive the application of said paragraphs and may approve a
final plat of subdivision upon such terms and provisions that it may,
in its discretion, deem appropriate.
-18-
(The next page is 30)
SECTION VI - PRELIMINARY AND FINAL PLAT PREPARATION AND SUPPORTING DATA
A. Preapplication Conference Data: The following information shall be
provided at the time of preliminary consultation:
1. Information including data on existing convenants, land charac-
teristics and available community facilities and utilities, and
information describing the subdivision proposal, such as number
of residential lots, typical lot widths and depths, price range,
business areas, playgrounds, park areas, and other public areas,
tree planting, proposed protective covenants and proposed utili-
ties and street improvements.
2. A location map showing the relationship of the proposed subdivi-
sion to existing community facilities which serve or influence
it. Include development name and location; main traffic arter-
ies; public transportation lines; shopping centers, elementary
and high schools; parks and playgrounds; principal places of
employment; other• community features such as railroad stations,
airports, hospitals, and churches; title; scale; north arrow; and
date.
3. A sketch plan showing in simple sketch form the proposed layout
of streets, lots and other features in relation to existing con-
ditions. The sketch plan may be a free hand pencil sketch made
directly on a print of the topographic survey.
B. PRELIMINARY PLAT PREPARATION:
1. The preliminary plat shall be drawn with waterproof, non -fading
black ink, or legibly drawn with pencil on mylar or good quality
vellum, not smaller than 22 inches x 30 inches nor larger than 24
inches x 36 inches in deimension and shall show correctly on its
face the following information or data:
a. Date (the preparation date shall be used), succeeding revi-
sion dates, graphical scale (not more than 100 feet to the
inch), and the north point.
b. The proposed subdivision name. The preliminary plat shall
be accompanied by a letter from the McHenry County Recorder
of Deeds or from a recognized title insurance company certi-
fying that the proposed subdivision name does not duplicate
the name of any subdivision of record within McHenry County,
Illinois.
C. The name and address of the owner, the subdivider, and the
engineer or surveyor preparing the plat.
d. Location of the subdivision by government lot, quarter -
quarter section, section, township, range and county.
-30-
e. A small scale drawing of the section or government subdivi-
sion of the section in which the subdvision lies oriented in
the same manner as the main drawing and showing:
(1) location of the subdivision thereon
(2) location of impacted schools
(3) location of existing adjacent or proposed park areas
(4) locations and names of adjacent major and secondary
streets (resident and commercial), and collector
streets.
(5) locations of nearest lakes, ponds (existing or
proposed), or water courses.
f. The exact length and bearing of the exterior boundaries of
the subdivision.
g. Location and names of adjacent subdivisions and the owners
of adjoining parcels of unsubdivided land.
h. Zoning on and adjacent to the subdivision.
i. Location, widths and names of all existing and platted
streets, alleys, or other public ways and easements, rail-
road and utility rights -of -way, parks, cemeteries, water
courses, drainage ditches, permanent buildings, bridges and
other pertinent data as determined by the Plan Comimssion,
within three hundred (300) feet of the proposed subdivision,
or property owned or controlled by the subdivider.
j. 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 USGS datum.
k. If the subdivision borders on a lake or stream, the dis-
tances and bearings of a meander line established not less
than twenty (20) feet outside the 100-year flood plain line
of the lake or stream.
1. Layout, width and approximate grades of all new streets and
rights -of -way such as alleys, highways, easements for
sewers, water mains, and other public utilities.
M. Direction and distance to nearest water and sewer mains, and
size and capacity of said mains.
n. Approximate dimensions of, and areas of, lots.
o. Proposed building lines.
p. Point of curvature (PC), point of tangency (PT), radii,
length and central angle for all horizontal curves.
-31-
q. Approximate location and area of property proposed to be
dedicated for public use or to be reserved by deed covenant
for use of all property owners in the subdivision with the
conditions, if any, of such dedication or reservation.
r. Contours at vertical intervals of not more than two (2)
feet, with reference to USGS datum, or at more frequent
intervals if required by the Plan Commission for land or
unusual topography.
S. A table with the following information: Total acreage of
subdivision; acreage of streets; total number of lots; aver-
age area of 'lots in square feet; and acreage of public lands
to be dedicated other than streets.
t. Special flood hazard boundary lines and areas shall be shown
and shall be identified and shall be based upon USGS datum.
For those areas not subjected to flooding or when the spe-
cial flood hazard boundary lines are not shown, the subdi-
vider shall submit, at the time of filing, a certification
from a professional engineer of the State of Illinois, stat-
ing that no part of the proposed subdivision is located
within a flood hazard area.
U. Names of all proposed streets (no proposed street name shall
duplicate the name of any existing street within the juris-
diction of the McHenry Post Office unless such proposed
street represents a continuation of such street).
V. Lot widths at building lines.
2. Construction Plans, as required under Section V-D and Section VIII of
this ordinance shall be furnished with the preliminary plat; provided,
however, that should the subdivider choose, he may obtain the prelim-
inary approval of the plat in respect to layout. If only a portion of
the plat is to be improved and submitted for final approval, construc-
tion plans and specifications need be prepared for such portion only.
However, the entire area of the proposed subdivision as well as any
additional area necessary to proper design of facilities shall be the
basis for design and so indicated.
C. FINAL PLAT PREPARATION A final plat of subdivided land shall meet
the following requirements:
1. General Requirements: All plats shall be legibly prepared in the
following manner:
a. On mylar or good quality vellum not smaller than 22 inches x
30 inches nor more than 24 inches x 36 inches in dimension.
Multiple of sheets shall be numbered consecutively and shall
show the total number of sheets.
-32-
I
b. With a binding margin of one and one-half (1-1/2) inches on
the left side of the thirty (30) inch length and a one (1)
inch margin on all other sides.
C. With a waterproof non -fading black ink on a scale of not
more that one hundred (100) feet to an inch. The scale used
shall be indicated on the plat graphically.
d. The northpoint shall be to the top of the sheet, or where
this is impracticable, the north point shall be to the left
of the sheet.
e. Shall show the date of the plat (preparation date shall be
used). Succeeding revision dates shall be shown also.
2. Map and Engineering Information: The final plat shall show cor-
rectly on its ace:
a. The exterior boundaries of the land surveyed and divided.
b. All monuments erected, corners 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 be legend, except lot
corners need not be shown.
C. The exact length and bearing of the exterior boundaries, the
boundary lines of ,all blocks, public grounds, streets, al-
leys, and all lot lines, except that when the lines in any
tier of lots are parallel, it shall be sufficient to mark
the bearings of the outer line on one tier thereof. Ease-
ments shall be shown by center line and width when lines are
parallel to a boundary, otherwise boundary bearings and dis-
tances shall be shown.
d. All blocks consecutively numbered, or lettered in alphabeti-
cal order. The blocks in numbered additions to subdivisions
bearing the same name shall be numbered or lettered
consecutively, through the additions. '
e. All lots in each block consecutively numbered.
f. The exact width of all easements, streets and alleys.
g. All lake or stream shore meander lines within the subdivi-
sion boundaries as established by the surveyor and set back
not less than twenty (20) feet outside the ordinary high
water mark or the 100-year flood plain line and showing dis-
tances, bearings, and point(s) of intersection of the meand-
er lines with the lot lines.
-33-
h. The center line of all streets.
i. A north point properly located thereon.
j. The number of degrees and minutes in all exterior boundary
and block angles. When such angles are between a curve and
its tangent, the angle shown shall be that between the tan-
gent and the main chord of the curve. When between curves
of different radii, the angle between the main chords.
k . When a street is on a circular curve, the main chord of the
center line shall be drawn as a dotted line in its proper
place; and either on it, or in an adjoining table, shall be
noted its bearing 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 shown in the same
manner 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 sufficient to
show on the plat the radius of the curve and the tangent
distances from the points of curvature to the point of
intersection of the straight angles.
1. Special flood hazard boundary lines and areas based upon
USGS datum available at that time and subject to change.
Subdivider and subdivider's engineer shall furnish a certi-
ficate stating that development within the flood hazard area
will conform with the Flood Hazard Ordinance at all times.
3. Name, Location and Position The name of the plat shall be print -
thereon in prominent letters, and shall not be a duplicate of
the name of any plat previously recorded in McHenry County. The
following information relating to the position and location of
the subdivision shall be shown on the plat:
a. The location of the subdivision by government lot, quarter
section, section, township, range and county noted immedi-
ately under the name given the subdivision;
b. The exact location of the subdivision indicated by distances
and bearings with reference to a corner or corners estab-
lished in the U.S. public land survey.
c. A small scale drawing of the section or government subdivi-
sion of the section in which the subdivision lies oriented
in the same manner as the main drawing and showing:
(1) location of the subdivision thereon
(2) location of impacted schools
-34-
(3) location of existing adjacent or proposed park
areas
(4) locations and names of adjacent major, secondary
streets (residence and commercial) and collector
streets
(5) locations of nearest lakes, ponds (existing or
proposed) or water courses
d. Where provisions are made for access from any subdivision to
any lake or stream, the plat shall show the area over which
access is provided to the lake or stream together with a
small scale drawing clearly indicating the location of the
subdivision in relation to the lake or stream and the loca-
tion of the area over which access is provided.
e. The names of the adjoining streets, state highways and sub-
divisions shown in their proper location underscored by a
dotted line.
f. Abutting street and state highway lines of adjoining plats
shown in their proper location by dotted lines. The width
of these streets and highways shall be given also.
4. Roads and Public Spaces:
a. The name of each road or street in the plat shall be printed
thereon in prominent letters.
b. All lands dedicated to the City of McHenry for roads,
streets, easements, parks, and for any other purpose shall
be clearly marked "Dedicated to the City".
5. Site Conditions and Topography: The final plat will show:
a. All existing buildings;
b. All watercourses, drainage ditches and other existing fea-
tures 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 USGS datum.
6. Certificates to Accompany Plat: The final plat shall contain
thereon, or attached thereto, the following certificates lettered
or printed legibly with black durable ink or typed legibly with
black ribbon, all of which except the Clerk's Certificate shall
be duly executed at the time such plat is presented for approval
by the City Council.
-35-
a. Non -Corporate Owners Certificate
STATE ILLINOIS
COUNTY OF MCHENRY)SS
This is to certify that the undersigned is the owner of
the land described in the annexed plat, and has caused the
same to be surveyed and subdivided, as indicated thereon,
for the uses and purposes therein set forth, and does hereby
acknowledge and adopt the same under style and titles there-
on indicated.
The undersigned owner hereby grants and dedicates for
public use the lands shown on this plat for thoroughfares,
streets, alleys, easements, and municipal and public ser-
vices, and, -in addition thereto, such other lands that may
be specifically shown on the face of said plat as having
been dedicated.
A non-exclusive easement for serving the subdivision
and other property with electric, communications, sewer,
water, gas and drainage service is hereby reserved for and
granted to THE CITY OF McHENRY, ILLINOIS; NORTHERN ILLINOIS
GAS COMPANY; COMMONWEALTH EDISON COMPANY; ILLINOIS BELL
TELEPHONE COMPANY; COMMUNITY CABLEVISION INC.; their re-
spective successors and assigns, jointly and severally, to
install, operate, maintain and remove, from time to time,
facilities used in. connection with underground transmission
and distribution of electricity, sounds and signals, gas
mains, sewer and water mains and drainage in, under, across,
along and upon the surface of the property shown within the
dashed lines on the plat and marked with the words "Ease-
ment", "Utility Easement", "Drainage Easement", or similar
words, together with the right to install required service
connections under the surface of each lot to serve improve-
ments thereon, the right to cut, trim, or remove trees,
bushes and roots as may be reasonably required incident to
the rights herein given, and the right to enter upon the
subdivided property for all such purposes. Obstructions
shall not be placed over Grantee's facilities or in, upon or
over the property within the dashed lines marked as above
indicated without the prior written consent of Grantees.
After installation of any such facilities, the grade of the
subdivided property shall not be altered in a manner so as
to interfere: with the proper operation and maintenance
thereof.
Dated this _ day of , 19
Owner
W-2
NOTARY CERTIFICATE
STATE OF ILLINOIS)
COUNTY OF McHENRY)SS
I, , a Notary Public in and
for said County, in the State aforesaid, do hereby certify
that , personally known to me
to be the same persons whose name(s) are subscribed to the
foregoing instrument as such owner(s), appeared before me
this day in person and acknowledged that they signed the
annexed plat as their own free and voluntary act for the
uses and purposes therein set forth.
Given under my hand and Notarial Seal this day
of 19
Notary Public
(Notary Seal)
b. Corporate Owners Certificate
This is to certify that the undersigned is the owner of the
land described in the annexed plat, and has caused the same
to be surveyed and subdivided, as indicated thereon, for the
uses and purposes .therein set forth, and does hereby ack-
nowledge and adopt the same under the style and title there-
on indicated.
The undersigned owner hereby grants and dedicates for public
use the lands shown on this plat for thoroughfares, streets,
alleys, easements, and municipal and public services and, in
addition thereto such other lands that may be specifically
shown on the face of said plat as having been dedicated.
A non-exclusive easement for serving the subdivision and
other property with electric, communications, sewer, water,
gas and drainage service is hereby reserved for and granted
to THE CITY OF McHENRY, ILLINOIS; NORTHERN ILLINOIS GAS COM-
PANY; COMMONWEALTH EDISON COMPANY; ILLINOIS BELL TELEPHONE
COMPANY; COMMUNITY CABLEVISION INC.; their respective suc-
cessors and assigns, jointly and severally, to install,
operate, maintain and remove, from time to time, facilities
used in connection with underground transmission and distri-
bution of electricity, sounds and signals, gas mains, sewer
and water mains and drainage in, under, across, along and
upon the surface of the property shown within the dashed
lines on the plat and marked with the words "Easement",
"Utility Easement", "Drainage Easement", or similar words,
together with the right to install required service connec-
-37-
tions under the surface of each lot to serve improvements
thereon, the right to cut, trim or remove trees, bushes and
roots as may be reasonably required incident to the rights
herein given, and the right to enter upon the subdivided
property for all such purposes. Obstructions shall not be
placed over Grantee's facilities or in, upon or over the
property within the dashed lines marked as above indicated
without the prior written consent of Grantees. After in-
stallation of any such facilities, the grade of the subdi-
vided property shall not be altered in a manner so as to
interfere with the proper operation and maintenance thereof.
Dated this day of
19
(Insert Name of Corporation)
By:
Its President
Attest:
Its Secretary
NOTARY CERTIFICATE
STATE OF ILLINOIS)
COUNTY OF McHENRY)SS
I, , a Notary Public in and
for said County in the tate a oresaid, do hereby certify
that , personally known to me
to be the President of the
Corporation, an
, personally known to me to be
the Secretary of said corporation, and
personally known to me to be the same persons whose names
are subscribed to the foregoing instrument, appeared before
me this day in person and severally acknowledged that as
such President and Secretary, they
signed and delivered the said instrument as
President and Secretary of said corporation,
and caused the corporate seal of said corporation to be af-
fixed thereto, pursuant to authority, given by the Board of
Directors of said corporation as their free and voluntary
act, and as the free and voluntary act and deed of said
corporation, for the uses and purposes therein set forth.
Given under my hand and Notarial Seal this day of
19
Notary Seal
Notary Public
No
C. Surveyor's Certificate
STATE OF ILLINOIS),
COUNTY OF McHENRY)-'S
This is to certify that I, ,
an Illinois Registered Land Surveyor, have surveyed, subdi-
vided, and platted the following described property, located
within the City of McHenry, Illinois, consisting of
( ) acres:
(Legal Description)
as shown by the plat hereon drawn which is a correct and
accurate representation of said survey and subdivision. All
distances are shown in feet and decimals thereof. I further
certify that all regulations enacted by the City of McHenry
relative to plats and subdivisions have been complied with
in the preparation of this plat, and that
part of the property covered by this plat or subdivision is
situated within five hundred (500) feet of a surface drain
or watercourse serving a tributary area of six hundred and
forty (640) acres or more.
Dated at , Illinois, this
day of A.D., 19
Illinois Registered Surveyor
Registration Number
d. City Engineer's Certificate
STATE OF ILLINOIS)
COUNTY OF McHENRY)SS
I, , City Engineer of the City
of McHenry, Illinois, hereby certify that the land improve-
ments described in the annexed plat, and the plans and
specifications, if any, meet the minimum requirements of
said City.
Dated at McHenry, McHenry County, Illinois, this day
of 19
City Engineer
BRT
e. County Clerk's Certificate
STATE OF ILLINOIS)
COUNTY OF McHENRY)-,S
I, County Clerk of McHenry
County, Illinois, do hereby certify that there are no delin-
quent general taxes, no unpaid forfeited taxes, and no re-
deemable tax sales against any of the land included in the
annexed plat.
Given under my hand and seal at Woodstock, McHenry County,
Illinois, this, day of , 19
County Clerk
f. Certificate As To Special Assessments
STATE OF ILLINOIS)
COUNTY OF McHENRY)SS
I, , City Treasurer of the
City of McHenry, Illinois, do hereby certify that there are
no delinquent or unpaid current or forfeited special assess-
ments or any deferred installments thereof that have been
apportioned against the tract of land included in the plat.
Dated at McHenry, McHenry County, Illinois, this day
of , 19
City Treasurer
g. Surface Water Drainage Certificate
I, Owner and I,
Professional Engineer of the State of
Illinois, do hereby certify that to the best of our know-
ledge and belief the drainage of surface waters will not be
changed by the construction of this subdivision or any part
thereof, or, if such surface water drainage will be changed,
adequate provisions have been made for collection and diver-
sion of surface waters into public areas, or drains which the
-40-
subdivider has a right to use, and that such surface waters
will not be deposited on the property of adjoining land own-
ers in such concentrations as may cause damage to the adjoin-
ing property because of the construction of the subdivision.
Owner
(Seal)
Registered Professional
Engineer of Illinois
h. City Clerk's Certificate
STATE OF ILLINOIS)
COUNTY OF McHENRY)SS
I, , City Clerk of the City
of McHenry, Illinois, hereby certify that the annexed plat
was presented to and by resolution duly approved by the City
Council of said City at its meeting held on ,
19 , and that the required bond or other guarantee has
been posted for the completion of the improvements required
by the regulations of said City.
In witness thereof I have hereto set my hand and seal of the
City of McHenry, Illinois, this day of ,
19
City Clerk
i. Plan Commission Approval
STATE OF ILLINOIS)
COUNTY OF MCHENRY)SS
I hereby certify that on the
annexed plat was presented to and duly ,approved by the Plan
Commission of the City of McHenry and that said plat con-
forms in all respects to the requirements of the Subdivision
-41-
Control Ordinance of the City of McHenry, Illinois.
Chairman, Plan Commission
Note: Except as otherwise required by statute, certification on
final plats of subdivisions located in the unincorporated
areas within one and one-half miles beyond the City limits
shall be those required by the McHenry County Subdivision
Regulations, exept when City of McHenry Subdivision Regula-
tions are more restrictive, the applicable certifications
contained herein shall also be required.
j. Mortgagee's Certificate
STATE OF ILLI.NOIS)
COUNTY OF McHENRY)SS
The undersigned mortgagee hereby releases the land depicted
and shown on this plat of subdivision for thoroughfares,
streets, alleys, easements and municipal and public ser-
vices, and in addition thereto, such other lands that may be
specifically shown on the face of said plat as having been
dedicated to the City of McHenry, or to the public, from any
and all mortgages and encumbrances of record in which the
undersigned has any interest.
DATED this day of
, lg .
(Insert Name of Mortgagee)
By:
Name - Title
NOTARY'S CERTIFICATE
STATE OF ILLINOIS)
COUNTY OF McHENRY)SS
I, , a Notary Public
for said County and State aforesaid, do hereby
that personally known to
the President of
corporation, and
personally known to me to be the
-42-
in and
certify
me to be
f
Secretary of said corporation, and personally known to me to be
the same persons whose names are subscribed to the foregoing in-
strument, appeared before me this day in person and severally ac-
knowledged that as such President and
Secretary, they signed and delivered the said instrument as
President and Secretary of said
corporation, and caused the corporate seal of said corporation to
be affixed thereto, pursuant to the authority given by the Board
of Directors of said corporation as their free and voluntary act,
and as the free and voluntary act and deed of said corporation,
for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this day of
19 .
Notary Public
7. Upon the completion of the recording of the final plat, the sub-
divider shall prepare and furnish to the City of McHenry, one set
each of reproducible transparency drawings of all sheets associ-
ated with the subdivision final plat proper. Said transparencies
shall be prepared using sepia mylar matte, one side.
-43-
(The next page is 60)
SECTION VII - MINIMUM REQUIREMENTS AND GENERAL DESIGN PRINCIPLES FOR THE
LAYOUT OF A SUBDIVISION
A. General: In laying out a subdivision, the subdivider shall conform to:
1. All 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 laws, rules, and regulations of the State of Illinois
and duly constituted agencies thereof.
5. In all instances where a requirement of this ordinance is similar
to or in conflict with other provisions of the City ordinances,
County ordinances, rules or regulations, the most restrictive
shall apply and prevail.
6. Where public sites and areas as shown on the Official Plan Map of
the City of McHenry lie within an area proposed for development
and are greater in area than the area to be provided under this
Paragraph A, the subdivider shall reserve for
acquisition by the City - through agreement, purchase, or
condemnation - the remaining greater proposed public area
for a period of one (1) year.
B. Streets:
1. A public street shall be provided for convenient access to all
property within -the subdivision. No private street or thorough-
fare shall be permitted.
2. The street layout of the subdivision shall be in general conform-
ity with a plan for the most advantageous development of adjoin-
ing areas in the entire neighborhood. The streets shall be
designed and located in relation to existing and planned streets,
to topographical conditions and natural terrain features such as
streams and existing tree growth, to public convenience and
safety and in their appropriate relation to the proposed use of
the land to be served by such streets.
3. All streets in a, subdivision abutting a state or county highway
shall meet all the requirements of the State or County regula-
tions pertaining thereto.
4. Whenever a tract to be subdivided embraces any part of a public
street so designated on the official map, such part of such
street shall be platted by the subdivision at the location and
width indicated on the plan.
.E
5. Street Classifications and Definitions:
a. Major streets are those providing fast, heavy traffic or
inter -city continuity, or regional importance; that provide
reasonably continuous routes through the whole or major
portion of the City and generally are those streets which
connect with the principal highways radiating from the city
and circumferential roads.
b. Secondary streets (residential) are those which act as main
feeders or connector streets between major streets, serving
as major trafficways for heavy traffic flow between the
various residential districts and areas in and surrounding
McHenry.
C. Secondary streets (commercial) are those which act as main
feeders of connector streets between major streets, serving
as major trafficways for heavy traffic flow between the
various commercial districts and areas in and surrounding
McHenry.
d. Collector streets (commercial) are streets of considerable
continuity, carrying traffic from minor streets to secondary
streets; such streets are primarily commercial in character
and are designed to handle traffic from residential collect-
or streets and minor streets in the residential areas within
and without the city.
e. Collector streets (residential) are streets carrying a con-
siderable continuity of traffic from minor streets within
residential development areas, and the principal entrance
street and circulating streets within residential areas or
subdivision developments shall be considered collector -
residential streets.
f. A minor street is one having limited continuity and which is
used primarily for access to abutting properties only, or to
meet the local traffic flow needs of a neighborhood or com-
munity.
g. Cul-de-sac - this is a minor street having only one open
end, the other being permanently terminated by a vehicular
turnaround.
6. Provisions shall be made so that all proposed streets shall have
a direct connection with or be continuous and in line with exist-
ing, planned, or platted streets with which they are to connect.
7. Proposed streets shall be extended to the boundary lines of the
tract to be subdivided, unless prevented by topography or other
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physical conditions, or unless, in the opinion of the Plan Com-
mission, 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 development of adjacent
tracts. Dead end streets, not over four hundred (400) feet in
length, will be approved when necessitated by topography.
8. The grade of major, secondary, and collector streets shall not
exceed six (6) percent, unless necessitated by exceptional topo-
graphy and approved by the Plan Commission. The grade of all
other streets shall not exceed ten (10) percent. The minimum
grade of all streets shall be five tenths (.5) percent.
9. A minimum sight distance with clear visibility, measured along
the center line, shall be provided of at least three hundred
(300) feet on major streets, two hundred (200) feet for secondary
streets and one hundred (100) feet on other streets.
10. All 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
secondary streets and one half (112) of this minimum length of
all other streets.
11. A tangent of at least one hundred (100) feet shall be introduced
between reverse curves on major and secondary streets.
12. New street names shall not duplicate the names of existing
streets, but streets that are continuations of others already in
existence and names shall bear the name of the existing streets.
13. Streets designed to have one end permanently closed shall not
exceed four hundred (400) feet in length and shall terminate with
a turn -around of not less than one hundred (100) feet in diameter
of right-of-way and a paved roadway turn -around of eighty (80)
feet in diameter.
14. Reserve strips controlling access to streets shall be encouraged
where their control is definitely placed in the City under condi-
tions approved by 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 jogs with center line offsets of less than one hun-
dred twenty-five (125) feet shall be avoided. Where streets
intersect major and secondary streets, their alignment shall
be continuous.
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17. Alleys:
a. Alleys shall be provided in all commercial and industrial
districts, except that the Plan Commission may waive this
requirement where other definite and assured provision is
made for service access such as off-street loading and park-
ing consistent with and adequate for the uses proposed.
b. Alleys shall not be approved in residential areas unless
necessary because of topography or other exceptional circum-
stances.
C. The width of alleys shall not be less than twenty (20) feet.
d. Dead-end alleys are prohibited.
18. Deceleration Lanes:
Deceleration lanes shall be provided for access from Federal,
State, County, or Township highways onto major, secondary or
collector streets.
A deceleration lane shall be provided for exit from a collector
street onto a Federal, State, County, or Township highway or
street.
C. Block and Lot Layout:
1. The lengths, widths, and shapes of blocks shall be such as are
appropriate for the locality and the type of development contem-
plated, but block length in residential areas shall not exceed
one thousand five hundred (1,500) feet nor have less than suffi-
cient 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 the center of blocks more
than nine hundred (900) feet long where deemed essential to pro-
vide circulation or access to schools, playgrounds, shopping
centers, transportation and other community facilities.
3. Lots in General:
a. The shape and orientation of lots shall be appropriate for
the location of the subdivision and for the type of develop-
ment and use contemplated.
b. Lot areas and dimensions shall conform to the requirements
of the Zoning Ordinance, but in no case shall a lot have a
depth of less than one hundred ten (110) feet.
C. Depth and width of properties reserved or laid out for com-
mercial and industrial purposes shall be adequate to provide
for the off• -street service and parking facilities required
by the type of use and development contemplated as required
in the zoning ordinance.
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d. Residential lots, fronting on major streets and highways,
should be platted with extra depth or reserve strips to per-
mit generous distances between the buildings and such traf-
fic ways.
e. Excessive depth in relation to width shall be avoided. A
proportion of two and one-half (2-1/2) to one (1) shall
normally be considered as a desirable maximum for lot widths
of one hundred (100) feet or more.
f. In determining the minimum lot areas under this ordinance
and to meet the zoning ordinance requirements, both of the
following 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 any lake or stream affecting the area, and
2. Eighty (80) percent of the minimum lot area shall be at
least three (3) feet above the highest ground water level
as estimated by the subdivider or his agent from soil
boring test data, and as verified by the City Engineer.
4. Corner lots for residential use shall have extra width to permit
full building setbacks on both streets as required by applicable
provisions of the zoning ordinance.
5. Every lot shall front or abut on a public street. Lots with an
access only to existing private drives or streets shall be per-
mitted only with Plan Commission approval.
6. Lots at right angles to each other should be avoided wherever
possible, especially in residential areas.
7. Side lot lines shall be substantially at right angles or radial
to the street lines.
8. Lots shall follow municipal boundary lines whenever practicable,
rather than cross, them.
9. Double frontage and reversed frontage lots, shall be avoided ex-
cept where necessary to provide separation of residential devel-
opment from traffic arteries or to overcome specific disadvan-
tages of topography and orientation.
D. Easements
1. Utility easements and cable television easements shall be provid-
ed at the rear of all residential lots and along the side lot
line where required. Such utility easement shall be at least
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0
ten (10) feet wide and normally centered upon the rear or side
lot line. Evidence shall be furnished the Plan Commission that
such easements and any easement provisions to be incorporated on
the plat or in deeds have been reviewed by the individual utility
companies or the organization responsible for furnishing the ser-
vice involved.
Where a subdivision is traversed by an existing water -course,
drainage -way, channel or stream,
a. There shall be provided a storm water easement or drainage
right-of-way conforming substantially with the lines of such
water -course, and such further width or construction, or
both, as will be adequate for the purpose and as may be
necessary to comply with this section, or
b. The water -course, drainage -way, channel, or stream may be
relocated in such a manner that the maintenance of adequate
drainage will be assured and the same provided with a storm
water easement or drainage right-of-way conforming with the
lines of the relocated water -course and such further width
or construction, or both, as will be adequate for the pur-
pose and may be necessary to comply with this section.
C. Wherever possible, the drainage shall, be maintained by an
open channel with landscaped banks. The channel shall pro-
vide sufficient cross-section to convey the 100-year fre-
quency storm within the banks of the channel. In all cases
the drainage easement or right-of-way shall extend a minimum
of 10 feet beyond the top of the bank on both sides of the
channel, but shall not be less than 30 feet in total width.
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(The next page is 75)
SECTION VIII - MINIMUM DESIGN STANDARDS AND PROCEDURES FOR THE
INSTALLATION OF SUBDIVISION IMPROVEMENTS
A. Improvements Completed: All of the improvements required under this
ordinance and these provisions shall be constructed in accordance with
these provisions prior, to the filing with the City Clerk of the final
plat for final approval by the Mayor and City Council.
B. Optional Completion of Improvements: In lieu of constructing the im-
provements in "A" above, a surety and may be furnished as provided in
Section V-E of this Ordinance.
C. Guarantee of Material and Workmanship: The subdivider shall provide a
guarantee bond running to the City in the amount of twenty (20) per-
cent of the cost of the improvements, for a period of one (1) year
after completion of construction.
D. Procedure:
1. Simultaneous with filing the preliminary plat, or as soon there-
after as practicable, ten (10) copies of construction plans and
specifications, prepared by a Professional Engineer registered in
Illinois, shall be furnished in accordance with the provisions of
this section for the following subdivision improvements:
a. Streets
b. Curb and Gutter
C. Sanitary Sewerage System
d. Storm Drainage including Sewers
e. Water Supply and Distribution
f. Street Lights
g. Sidewalks
h. Street signs, Guard Rails, Landscaping, etc.
i. Public Utility locations
2. Construction and Inspection:
a. Prior to starting any of the work covered by the plans ap-
proved above„ written authorization to start work shall be
obtained from the City Engineer, upon receipt of all neces-
sary permits, and in accordance with construction methods of
paragraph G of this section.
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b. Where a subdivider has elected to install the improvements
required by this ordinance prior to the approval of the
final plat, such improvements must be completed within two
(2) years after the date that the subdivision plans and spe-
cifications have been approved by the Mayor and City Council.
Where, however, a subdivider elects to install the improve-
ments required by this ordinance after the approval of the
final plat, such improvements must be completed within two
(2) years after the date that the final plat has been ap-
proved by the Mayor and City Council.
The foregoing completion dates may be extended by the Mayor
and the City Council, on such terms and conditions that the
Mayor and City Council might specify, provided that good
cause for such extension is shown by the subdivider.
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
specifications as approved. The subdivider shall pay the
actual costs of inspections. This fee shall be the actual
cost to the City of inspectors, engineers, and other parties
necessary to insure satisfactory work.
3. "As Built" Plans: After completion of all public improvements
and prior to final acceptance of said improvements, the subdi-
vider shall make or cause to be made a map showing the actual
location of all valves, manholes, stubs, sewer and water mains,
and such other facilities as the City Engineer shall require.
This map shall be in black ink on tracing cloth and shall bear
the signature and seal of a Professional Engineer registered in
Illinois. The presentation of this map shall be a condition of
final acceptance of the improvements and release of the surety
bond assuring their completion.
4. Survey Monuments: All permanent and other monuments required
under Section IX shall be placed prior to the approval of the
final plat.
5. Acceptance of Dedication, Improvements:
a. The approval of the final plat by the Mayor and City Council
shall constitute acceptance of the dedication of any public
street, open space, or other public area.
b. The acceptance of the improvements constructed, in accord-
ance with this ordinance for operation and maintenance pur-
poses, shall be after successful completion of the guarantee
period covered by the guarantee bond, and by formal resolu-
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tion of the Mayor and City Council. However, the normal
operation costs of the pumping station, street lights, etc.,
shall be assumed by the City when put in operation upon
being tentatively accepted subject to the guarantee.
E. Design Standards:
1. Streets:
a. A major street shall have a right-of-way width of not less
than 100 feet. The paved surface shall consist of two
24-foot roadways, improved with curb and gutter, and separ-
ated by a 4-foot concrete median.
b. Secondary Street - residential: The right-of-way width
shall be not less than 76 feet and the paved surface shall
be 42 feet in width, back to back to curb and gutter. There
shall be a 17-foot tree bank on each side, improved with a
4-foot sidewalk set one foot off of the abutting property
line.
C. Secondary street - commercial: Shall have a right-of-way of
not less than 76 feet and the paved surface thereof shall be
56 feet in width, back to back to curb and gutter.
d. Collector street - commercial: Shall have a right-of-way of
not less than 66 feet, with a paved surface 50 feet in
width, back to back to curb and gutter.
e. Collector street - residential: Shall have a right-of-way
of not less than 60 feet, with a paved surface 37 feet in
width, back to back to curb and gutter; there shall be a
13-foot tree bank on either side, improved with a 4-foot
sidewalk set one foot off of the abutting property line.
f. Minor streets shall have a right-of-way of not less than 60
feet, with a paved surface 27 feet in width, back to back to
curb and gutter; there shall be a 16-1 /2-foot tree bank on
either side of the paved surface.
g. Cul-de-sacs: The street portion of the cul-de-sac street
shall have a right-of-way of not less than 50 feet with a
paved area 27 feet in width, back to back to curb and gut-
ter. There shall be a 11-1/2-foot tree bank on either side
of the paved surface improved by a 4-foot sidewalk abutting
the property line. The entrance to the circular portion of
the cul-de-sac shall be teardrop shaped on either side and
the cul-de-sac itself shall have a 100-foot diameter, the
interior 80 feet of which shall be paved. There shall be a
10-foot tree bank surrounding the paved area, improved with
a 4-foot sidewalk set one foot off of the abutting property
line. The length of the entrance street shall not exceed
500 feet.
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h. Alleys: Alleys provided to serve business, commercial or
industrial uses shall be 20 feet in width, with such entire
width to be improved with a surface meeting the specifica-
tions established herein for minor streets.
i. Deceleration lanes on Federal, State, County and Township
highways onto major, secondary or collector streets of the
City shall have a paved surface of not less than 290 feet in
length which shall consist of: (1) A 40-foot radius at the
proposed subdivision street entrance, with a minimum width
of at least 12 feet measured from the State, Federal, County
or Township road pavement edge; (2) A uniform 12-foot lane
width from said roadway pavement edge for a minimum length
of 100 feet measured from said radius; and (3) A lane whose
width diminishes progressively and uniformly for a distance
of 150 feet from the 12 foot wide lane last described to
point on said roadway pavement edge 290 feet from the pro-
posed subdivision street entrance. There will be curb and
gutter on the outside paved edge of said radius and 12 foot
lane.
j. Deceleration lanes on a city collector street exiting onto a
Federal, State, County or Township Highway shall have a
paved surface of not less than 110 feet in length which
shall consist of (1) A 40-foot radius at the proposed subdi-
vision street exit, with a minimum width of at least 11 feet
measured from the road pavement edge for a collector street;
(2) A uniform 11-foot lane width measured from the said col-
lector street pavement edge for a minimum length of 100 feet
measured from said radius; and (3) A lane whose width dimin-
ishes progressively and uniformly for a distance of 10 feet
from the 11-foot wide lane last described to point of said
roadway pavement edge 110 feet from the proposed subdivision
street exit. There shall be curb and gutter on the outside
paved edge of said radius and 11-foot lane.
2. Construction Specifications:
All new streets within the corporate limits of the City of
McHenry, dedicated or platted after the effective date of this
Ordinance, shall be improved with roadway paving in accordance
with the requirements listed below. A structural design of all
pavements as established by the Illinois Division of Highways
Design Manual for Bituminous and Concrete Pavements will be re-
quired to substantiate the proposed construction. Actual or pro-
jected traffic counts along with sufficient soil boring data will
be required for the structural design. No less than the minimum
requirements listed below will be allowed.
ma
Street Classification
Minimum Pavement Requirements
Major or Secondary
Commercial
Secondary Residential
or Collector Commercial
8" P.C. concrete with
4" granular sub -base
8" B.A.M. Base ,
3" Class I surface
7" P.C. concrete with
4" granular sub -base
7" B.A.M. base
2-1/2" Class I surface
wire fabric, or
wire fabric, or
Collector Residential 6" P.C. concrete, or
6" B.A.M. base
2-1/2" Class I surface, or
12" crushed stone base course, Type B
and a 2-1/2" Class I surface
Minor or Cul-de-Sac 10" crushed stone base, Type B
2-1/2" Class B (Modified) surface
Note: All bituminous surface courses to include 1-1/2 inch binder
course plus appropriate thickness of surface course to give
final required thickness.
3. Curbs and Gutters
a. All curbs and gutters installed on the above streets shall
meet the specifications applying to M-6.12, and the thick-
ness of the gutter shall not be less than 8 inches.
b. Concrete curbs and gutters shall be provided on all subdi-
vision lots under one-half acre in lot area, and such in-
stallation shall be in accordance with the design and con-
struction specifications as contained herein. Any residen-
tial site one-half acre or over in total lot area need not
be improved with curb and gutter.
c. Where abutting lots equal or exceed the one-half acre area
and are not required to be improved with curb and gutters,
the paved portion of the right-of-way shall be 32 feet in
width. Such paved surfaces shall be 2-1/2" double layer
construction with 10 inch base; 1-1/2" binder, 1" surface,
except that curb and gutter shall be required in such loca-
tion as where the engineer for the City of McHenry shall
direct.
4. Sanitary Sewer System:
a. There shall be provided a complete sanitary sewer system,
including a service connection for each lot, and a sewerage
treatment plant or disposal facilities which services the
subdivision, in any subdivision:
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1. Containing ten (10) or more lots:
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 public sanitary sewer accessible for use.
b. In any subdivision containing less than ten (10) lots, which
lots are larger than twenty-one thousand (21,000) square
feet in area, individual sewerage disposal systems may be
installed, provided:
1. All requirements of the City, appropriate county if
applicable, and the State Board of Health are met, and
2. Private restrictions shall be filed with the final or
recorded plat, and incorporated in each deed so that as soon
as public sewers are extended to the subdivision, connection
will be made at the property owner's expense, and that
owners shall bear their fair proportionate share of the cost
of the public sewer as determined by agreement, special
assessment, or other means authorized by law to finance con-
struction of sewer systems.
C. All community sewerage systems shall be designed and con-
structed in accordance with the master plan of sanitary
sewers to serve in the City Area.
d. Sewer Design
1. Sanitary Sewers shall be vitrified clay pipe meeting the
requirements of ASTM Designation C700, or ABS Composite
sewer pipe meeting the requirements of ASTM Designation D280
(latest revision) for Acrylonitrile-Butadene-Styrene (ABS)
Composite Pipe, or PVC Composite sewer pipe meeting the
requirements of ASTM designation D2680 (latest revision) for
Poly -Vinyl Cgloride (PVC) Composite pipe."
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 two hundred (200) gallons per day per
inch -mile of sewer. The sewers will be designed in such a
way as to insure a minimum velocity of flow of two (2) feet
per second and a maximum velocity of flow of eight (8) feet
per second.
3. Vitrified clay pipe shall be laid with bell end upstream
and shall be provided with compression joints conforming to
ASTM Designation C-425. Joints in ABS-composite pipe shall
be of the solvent weld type using the proper chemical sol-
vents. Strengths of pipe and type of bedding shall be as
required to prevent the supporting strength of the pipe from
being exceeded by the applied loading.
ff-6112
4. Manholes shall be provided at all changes in direction or
pipe size and in no case further than three hundred fifty
(350) feet apart. Manholes shall be Type A as specified in
the Standard Specifications for Road and Bridge Construc-
tion, Illinois Department of Transportation. Drop manholes
shall be required where invert elevations differ by more
than two (2) feet. The manhole cover shall be of self-
sealing type with a concealed pickhole, equivalent to Neenah
#R-1077-A, or East Jordan #1022, and having the word "Sani-
tary" permanently imprinted on the face of the cover.
5. Sanitary sewers shall be located in the center of the
street right-of-way except when the City Engineer recommends
otherwise and such recommendation is approved by the City
Council.
e. Disposal Facilities shall be designed to treat adequately
the anticipated sewage load under (d)(1) above. Facilities
shall meet the approval of the State Board of Health, City
Engineer, or County Engineer, where standards have been duly
established.
f. The right of the City to charge the actual cost of operating
and maintaining such Treatment Plant or facility shall be
stated on the final or record plat and incorporated in the
deed.
5. Storm Drainage including Sewers
Storm -water sewerage or surface drainage system shall be provided
to serve adequately the area being platted; considering, but not
limited to the following:
a. Whenever possible existing drainage channels shall be used.
b. The design of the drainage system shall consider and show:
1. Storm Drainage area 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.
4. Grades which may result in erosion or ponding and there-
fore 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.
am
C. In all subdivisions having a lot area of less than twenty-
one thousand (21,000) square feet and conditions of 5(b)(4)
above, storm sewers are required meeting the following mini-
mum specifications:
1. Storm sewers shall be of reinforced concrete pipe meeting
the requirements of ASTM designation C76. Pipe shall be
Class III for depths of 14 feet or less and Class IV for
depths greater than 14 feet, and shall not be less than ten
(10) inches in diameter.
2. The sewers shall be designed in such a way as to insure a
minimum velocity of flow of two (2) feet per second and a
maximum velocity flow of eight (8) feet per second.
3. Manholes shall be provided at all changes and direction
of pipe and pipe size. Manholes and inlets shall be Type A
as shown in the Standard Specifications for Road and Bridge
Construction, Illinois Department of Transportation. Man-
hole covers shall be Neenah #R-1077-A or East Jordan #1022,
with the word "Storm" permanently imprinted on the face of
the manhole cover.
4. Inlets shall be located not more than five hundred (500)
feet apart and shall be of the type specified in the Stan-
dard Specifications for Road and Bridge Construction, Illi-
nois Department of Transportation.
5. Storm sewers shall be located in the parkway opposite the
sanitary sewer.
d. Where ditches are utilized for storm drainage they shall
meet the following minimum standards:
1. Sod bottom and banks of ditches with grade to four (4)
percent.
2. Ditch checks must be constructed in ditches with grades
from four (4) to eight (8) percent.
3. Provide rip -rap or pave ditches with greater than eight
(8) percent grades.
4. Culverts at all street or driveway intersections sized to
eliminate flooding or ponding of water.
e. Detention facilities shall be provided if required by the
City Engineer and City Council, and shall be designed for a
100 year rain fall occurence with a permissible release rate
as determined by the City Engineer and City Council based on
down -stream conditions.
6. Water Supply and Distribution:
a. In any subdivision:
IPA
1. Containing ten (10) or more lots: or
2. Having an average lot size of less than twenty-one thou-
sand (21,000) square feet; or
3. Within one thousand three hundred twenty (1,320) feet of
a public water supply and accessible for use; or
4. Unable to meet the requirements of the State Board of
Health for individual water supply;
There shall be provided a complete water supply and distri-
bution system, including all appurtenances.
b. In any subdivision containing less than ten (10) lots, which
lots are larger than twenty-one thousand (21,000) square
feet in area, individual water supplies may be permitted
provided:
1. All requirements of the City and State Board of Health
are fully met, and
2. Private restrictions shall be filed with the final or
record plat and incorporated in each deed that the owners
shall bear their fair proportionate share of the cost of the
public water main as determined by agreement or special as-
sessment proceeding, or other means authorized by law to
finance construction of water systems.
C. All community water supply and distribution systems shall be
designed and constructed in accordance with master plan of
water distribution and supply for the City.
d. Water Main Design
1. No water main shall be installed of less than six (6)
inches in diameter.
2. Fire hydrants with auxiliary valves shall be Traverse
City type, provided in accordance with the recommendations
of the National Board of Underwriters, but in no case shall
the spacing of said fire hydrants be greater than four hun-
dred (400) feet.
3. Right-hand closing valves shall be provided in such loca-
tions as to allow the shutting down of not more than one
thousand (1,000) lineal feet of pipe.
4. Valve vaults shall be provided for all valves except fire
hydrant auxiliary valves and will be of the type specified
in State of Illinois Standard Specifications as determined
by the City Engineer. The word 'Water' shall be permanently
-83-
imprinted on the face of the valve box and valve vault
covers.
5. Water -mains shall be cement -lined Class 52 ductile cast
iron pipe meeting the requirements of ANSI A21.51 or Class
150 (SDR 18) PVC plastic pipe meeting the requirements of
AWWA Standard C900. Pipe joints may be push -on bell and
spigot type with rubber ringed gasket, except for valves and
hydrants, which shall be mechanical joint.
6. Water mains shall be located in the parkway on the north
or west side of the street with a minimum to a depth of six
(6) feet of cover, and final street grades shall be set
before placing a water main. (MC-85-324, 3-4-85)
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, maintaining a twenty (20) pound
residual pressure.
g. Sufficient storage shall be designed and constructed to pro-
vide a reserve supply of four hundred (400) gallons per lot
in the subdivision.
h. The right of the City to charge the actual cost of operating
and maintaining such treatment plant or facility to the
property owners shall be stated on the final or recorded
plat and incorporated into the deed.
7. Street Lighting
a. Residential street lighting facilities shall be provided at
all street intersections and at the midpoint in blocks over
one thousand (1,000) feet in length.
1. The subdivider shall arrange for and pay any installation
costs required by the Public Service Company for the erec-
tion of the required street lights.
2. The height, type and light level provided shall be as
recommended by the City Engineer and lighting engineers of
the Public Service Company in accordance with accepted
lighting practices.
b. Commercial street lighting facilities shall be of the high
level, high intensity type and shall be placed every one
hundred fifty (150) feet on alternate sides of the street.
8. Sidewalks
a. Commercial and business property shall be provided with con-
crete sidewalks five (5) inches thick and a minimum of ten
(10) feet wide, provided however that such sidewalk shall be
six (6) inches thick reinforced with wire fabric where the
driveway crosses the sidewalk for the entire width of said
driveway.
b. Major and secondary streets and all Federal, State, County,
Township and F.A.U. streets and highways shall be provided
with continuous concrete sidewalks four (4) feet wide, four
(4) inches thick, and located one (1) foot off the property
line within the street right-of-way, on that side of any
such street or highway abutting onto any subdivision; where
any subdivision abuts on both sides of such street or high-
way, then such sidewalk shall be provided on both sides
thereof.
C. All residentially zoned properties, except those that are
zoned R-1 Single Family District classification under the
City of McHenry Zoning Ordinance and those that are zoned
any Estate Zoning District under the McHenry County Zoning
Ordinance, shall be provided with continuous concrete side-
walks four (4) feet wide, four (4) inches thick and located
one (1) foot off the property line within the right-of-way
on both sides of every street or highway in the subdivision
and on that side of any non -subdivision street or highway
which abuts the subdivision; where any subdivision abuts on
both sides of any non -subdivision street or highway, then
such sidewalks shall be provided on both sides thereof.
d. If any owner of property, other than a subdivider, desires
to construct, reconstruct or repair a sidewalk in the public
right-of-way touching his property, the City will pay fifty
percent of the actual or estimated cost thereof, whichever
is lower, PROVIDED: (1) plans and specifications and esti-
mate of costs thereof have been filed with and approved by
the Superintendent of Public Works and Buildings, and (2)
the City Council has authorized the expenditure of City
funds for such work. The provisions of the Subdivision Con-
trol Ordinance requiring subdividers to install sidewalks at,
their sole expense is not intended to be changed.
e. In order to enable persons using wheel chairs to travel
freely and without assistance, at each cross -walk a ramp
with non -slip surface shall be built into the curb so that
the sidewalk and street blend to a common level. Such ramp
shall not have a slope greater than 1 (one) inch per 12
(twelve) inch length. Where, because of surrounding build-
ings or other restrictions, it is impossible to conform
the slope with this requirement, the ramp shall contain a
slope with as shallow a rise as possible under the circum-
stances. In all ramps there shall be a gradual rounding at
the bottom of the slope.
9. Street Signs, Guard Rails, Landscaping, etc.
a. Street name signs of the type approved by the City shall be
installed on the northeast corner of each intersection.
b. Guard rails shall be placed along the shoulder of any street
where street construction has resulted in an embankment
greater than six (6) feet in height.
C. Wherever possible, existing trees shall be preserved in the
installation of subdivision improvements. All street right-
of-ways shall be seeded or sodded. Provision shall be made
to assure the growth of all landscaping.
d. Trees shall not be planted in any street right-of-way.
10. Oversize Design
Where required in the over-all City utility planning as evidenced
by the master plans for water sanitary storm sewers and streets,
any subdivision improvements shall be larger than necessary to
serve the immediate subdivision adequately, and agreement may be
made to repay the subdivider the construction cost resulting from
the increased design size. This shall apply, but not be limited
to, collector sewers, lift stations, disposal facilities, wells,
pumping station, watermains, storage tanks, culverts, storm sew-
ers, etc. In the case of major streets, the subdivider shall
assume a cost equivalent to that of a secondary street.
F. FINAL CONSTRUCTION PLANS
1. Final construction plans shall be prepared on 22" x 36" paper or
cloth and shall contain at least the following information in the
following order:
a. Title page
b. Plat of Subdivision
C. General layout drawings of the proposed streets
d. General layout drawings of the proposed water system
e. General layout drawings of the proposed sanitary sewers
f. General layout drawings of the proposed storm drainage
g. Plans and profiles of streets and sewers, scale not less
than one (1) inch equals fifty (50) feet horizontal; and one
(1) inch equals five (5) feet vertical.,
h. Details of streets, structures, etc.
G. MATERIAL STANDARDS
All construction of improvements covered by this Ordinance shall
be in accordance with, and materials used shall be in compliance
with, the methods and materials required in the designated or
appropriate sections of the following standards:
STANDARDS EFFECTIVE DATE
Standard Specifications for
Road & Bridge Construction,
Ill. Dept. of Transportation October , 1979
Standard Specifications for
Water and Sewer Main Con
struction in Illinois
ASTM Designation C425
ASTM Designation C700
ASTM Designation C76
ASTM Designation 02680
ANSI Specification A21.51
September, 1978
November, 1977
November, 1977
December, 1979
March, 1979
August, 1976
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SECTION IX - SURVEYING REQUIREMENTS
Surveys Required: Every subdivision
this ordinance shall require a surve
the State of Illinois Statutes.
-100-
y
of land under the terms of
meeting the provisions of
SECTION X - VARIATIONS
A. "Any person aggrieved by any order, requirement, decision or
determination made by an administrative official charged with the
enforcement of this Ordinance or any person who can show evidence
of exceptional topographical or other physical conditions which
would cause extraordinary or peculiar hardship if the provisions
of this Ordinance were to be strictly applied in his case, may
petition the Plan Commission of the City of McHenry for a hearing
to review such order, requirement, decision or determination as
was made by any administrative official, or to seek relief from
compliance with specific provisions of this ordinance due to the
aforesaid extraordinary or peculiar hardship or conditions. Fol-
lowing such hearing and on report and recommendation of the Plan
Commission to the Mayor and City Council, the City Council may
vary and make exceptions to the provisions of this Ordinance to
the extent deemed just and proper, including the alleviation of
hardship by reason of exceptional topographical or other physical
conditions, or by reversal or modification of the order, require-
ment, decision, or determination of the adminstrative official's
order which was appealed.
The City Council shall not grant all or any portion of the relief
requested if such will be a detriment to the public good, or will
impair the intent and purpose of this Ordinance or the desirable
general development of the City in accordance with the Official
Plan of the City of McHenry.
The final action of the City Council in regard to the petition
shall be in ordinance form and shall be made a part of the per-
manent records of the City."
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(The next page is 107)
SECTION XI - VIOLATION - PENALTY: INTERPRETATION• REPEALER• SEVERABILITY•
PUBLICATION; ETC.
A. Enforcement - Penalties. Any person, firm or corporation violat-
ing any provision of this ordinance shall be fined not less than
Twenty Five Dollars ($25) nor more than Five Hundred Dollars
($500) for each offense. Each day that such violation continues
shall con- stitute a separate and additional fine.
In case any building or structure is erected, constructed, al-
tered, repaired, converted or maintained or any building, struc-
ture or land is used in violation 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 violation, in addition to
other remedies, may institute any appropriate action or proceed-
ings in equity to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or
use, to restrain, correct or abate such violation to prevent the
occupancy of said building, structure, or land, or to prevent any
illegal act, conduct, business or use in or about the premises.
The enforcing officer of this ordinance shall have power to make
such order, requirements, decisions, and determinations as are
necessary to enforce this ordinance.
B. Interpretations, Purposes and Conflict. In interpreting and ap-
plying the provisions of this ordinance, they shall be held to
the minimum requirements for the promotion of the public health,
safety, morals, comfort and general welfare. It is not intended
by this ordinance to interfere with or abrogate or annul any
ordinance, resolution, rules, regulations or permits previously
adopted or issued, and not in conflict with any of the provisions
of this ordinance relative to the use of buildings, structures,
land, nor is it intended by this ordinance to interfere with,
abrogate, or annul any easements, covenants, or other agreements
between parties, provided, however, that wherever this ordinance
imposes a greater restriction upon the use of buildings, struc-
tures, or land or required greater building lines, then provi-
sions of this ordinance shall control.
C. Conflicting Ordinances. All ordinances or resolutions or parts
thereof in conflict herewith are hereby repealed insofar as they
conflict with the provisions herein set forth.
D. Validity. Should any section, clause or provision of this ordin-
ance be declared by a court of competent jurisdiction to be in-
valid, such decision shall not affect the validity of this ordin-
ance as a whole or any part thereof, other than the part so de-
clared to be invalid.
-107-
E. This Ordinance shall be treated and considered as a new and orig-
inal comprehensive Subdivision Control Ordinance which shall
supersede all other Subdivision Control Ordinances and amendments
thereto adopted by the City prior to the passage date of this
Ordinance.
F. This Ordinance shall be published in pamphlet form by and under
the authority of the Mayor and City Council of the City of Mc-
Henry, Illinois.
G. This Ordinance shall be in full force and effect from and after
it's passage, approval and publication in pamphlet form as pro-
vided by law.
PASSED this 4th day of February , 1985.
AYES: Bolger, Busse, Datz, McClatchey, Nolan, Serritella, Smith, Snell
NAYS: None
ABSENT: None
ABSTAINED: None
NOT VOTING: None
APPROVED this 4TH day of February 1985.
001e� 42-,.4�
Mayor
ATTEST:
City Clerk
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(The next page is 150)
FLOOD CONTROL ORDINANCE
A-1
ORDINANCE NO. 0-81-254
AN ORDINANCE REGULATING DEVELOPMENT
IN SPECIAL FLOOD HAZARD AR A
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY
COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1 Purpose. This ordinance is enacted pursuant to the police
powers granted to this City by I11. Rev. Stat., 1979, Ch. 24, Sections
1-2-1, 11-12-12, 11-30-2, and 11-31-2, in order to accomplish the follow-
ing purposes:
a. to prevent unwise developments from increasing the flood or
drainage hazards to others;
b. to protect new buildings and major improvements to buildings
from flood damage;
C. to protect human life and health from the hazards of flooding;
d. to lessen the burden on the taxpayer for flood control pro-
jects, repairs to flood -damaged public facilities and utili-
ties, and flood rescue and relief operations;
e. to maintain property values and a stable tax base by minimiz-
ing the potential for creating flood blight areas;
f. to make federally subsidized flood insurance available for
property in the City areas of the County; and
g. to provide for the orderly growth and development (pursuant to
the City's comprehensive plan) of an environment that is es-
pecially sensitive to changes from human activity.
SECTION 2 Provisions for Accomplishin5 the Purpose. All new development
proposals in the Special Flood Hazard Areas shall be reviewed and ap-
proved by the Building Officer. The Building Officer's review is to
ensure the following:
a. new development will not change the flow of flood or other
surface drainage waters so that other properties become more
susceptible to damage;
b. new developments will not create special hazards or nuisances
when flooded; and
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c. new buildings and major improvements to existing buildings
will not be subject to damage by the base flood.
SECTION 3 Definitions. For the purposes of this ordinance, the follow-
ing3f nitions are adopted:
a. "Flood" means: a general and temporary condition of inunda-
tion of normally dry land areas from the overflow, the unusual
and rapid accumulation, or the runoff of surface waters from
any source.
b. "Base Flood" means: the flood having a one -percent probabil-
ity of being equalled or exceeded in any given year. The base
flood is also known as the 100 year flood. The base flood
elevation at any location is as defined in Section 4 of this
ordinance.
C. "SFHA" or "Special Flood Hazard Area" means: those lands
within the jurisdiction of the City that are subject to inun-
dation by the base flood. The SFHA's of the City are general-
ly identified as such on the Flood Insurance Rate Map of the
City prepared by the Federal Insurance Administration and
bearing the effective date of November 19, 1980 and as there-
after from time to time amended.
d. "Floodway" means: that portion of the SFHA required to store
and convey the base flood. If not prohibited, building or
placing obstructions.in a floodway will increase flood damages
to other properties.
e. "FPE" or "Flood Protection Elevation" means: the elevation of
the base flood plus one foot at any given location in the SFHA.
f. "Development" means: any manmade change to real estate, in-
cluding:
(1) construction, reconstruction, or placement of a building
or an addition to a building valued at more than $1,000.
(2) installing a mobile home on a site or preparing a site for
a mobile home.
(3) drilling, mining, installing utilities or facilities,
construction of roads, bridges or similar projects valued at
more than $1,000;
(4) construction or erection of levees, walls, or fences;
(5) filling, dredging, grading, excavating, or other non-
agricultural alterations of the ground surface;
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(6) storage of materials; or
(7) any other activity that might change the direction,
height, or velocity of flood or surface waters.
"Development" does not include:
(1) maintenance of existing buildings and facilities such as
re -roofing or re -surfacing roads;
(2) repairs made to a damaged building that do not change the
building's exterior dimensions and that are valued at less
than 50% of the value of the building before the damage oc-
curred;
(3) gardening, plowing, and similar agricultural practices
that do not involve filling, grading, or construction of
levees;
(4) agricultural development activities on farms including
farm residences as exempted by law.
g. "Building" means: a structure that is principally above
ground and is enclosed by walls and a roof. The term includes
a gas or liquid storage tank in order that such tanks will be
constructed to the same flood damage protection standards.
The term includes a mobile home or prefabricated building
which is affixed on, a permanent site and connected to the
required utilities. The term does not include recreational
vehicles or travel trailers.
SECTION 4. Base Flood Elevation. This ordinance's protection standard is
the base flood according to the best data available to the Illinois State
Water Survey's Floodplain Information Repository. Whenever a party dis-
agrees with the best available data, he may finance the detailed engi-
neering study needed to replace existing data with better data and submit
it to the State Water Survey.
a. The base flood elevation for the SFHAs of Boone Creek, Lake-
land Park Drainage Ditch and Fox River shall be as delineated
on the 100 year flood profiles in the Flood Insurance Study of
the City prepared by the Federal Insurance Administration and
dated May, 1980.
b. The base flood elevation for each SFHA delineated as an "AH
Zone" / "AO Zone" shall be that elevation/depth delineated on
the Flood Insurance Rate Map of the City.
C. The base flood elevation for each of the remaining SFHAs
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delineated as an "A Zone" on the Flood Insurance Rate Map, as
may be amended from time to time, shall be the 100 year flood
depth calculated by the Building Officer according to the for-
mulas presented in Depth & Frequency of Floods in Illinois
published by the U.S. GeologicalSurvey,_6.
SECTION 5 Development Permit. No person, firm, or corporation shall
commence any development in the SFHA without first obtaining a develop-
ment permit from the Building Officer. The Building Officer shall not
issue a development permit if the proposed development does not meet the
requirements of this ordinance.
a. Application for a development permit shall be made on a form
provided by the Building Officer. The application shall be
accompanied by drawings of the site drawn to scale showing
property line dimensions and in those parts of the site that
are below the base flood elevation.
(1)existing grade elevations and all changed in grade result-
ing from excavation or filling;
(2) the direction of flow of surface drainage and flood flows;
(3) the location of all water courses and drainage facilities;
(4) the location and dimensions of all buildings and additions
to buildings; and
(5) the elevation of the lowest floor (including basement) of
all buildings subject to the requirements of Section 7 of this
ordinance.
b. Upon receipt of an application for a development permit, the
Building Officer shall compare the elevation of the site to
the base flood elevation. Any development located on land
higher than the base flood elevation is not in the SFHA and
therefore not subject to the requirements of this ordinance.
C. The Building Officer shall inform the applicant of any and all
other local, state, and federal permits that may be required
for this type of development activity. The development permit
will only be issued on the condition that the other specified
permits are obtained. The Building Officer shall not issue a
Use Permit/Certificate of Use or Occupancy unless all required
permits have been obtained.
SECTION 6 Preventing Increased Damages.
a. No development in the SFHA shall create a damaging or
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potentially damaging increase in flood heights or velocity.
(1) For development proposals located in an unidentified
floodway or within a riverine SFHA where the floodway has not
yet been identified, the following rule shall apply: The
Building Officer shall review the development plans to discern
if
(a) a new obstruction to flood flows would be created;
(b) the project will involve a channel crossing such as a
bridge or pipeline; or
(c) the project will modify the shape of the channel.
If any of these three situations will result from the project,
the applicant shall be required to obtain a permit from the
Illinois Department of Transportation, Division of Water Re-
sources, issued pursuant to Ill. Rev. Stat., Ch. 19, Sec.
70. The Building Officer shal7—not issue- a development permit
unless the applicant has obtained either a Section 70 permit
or a "waiver of permit required" from the Division of Water
Resources.
(?)For development proposals located in a flood fringe, "AO
Zone", or "AH Zone" identified as such on a SFHA map or in a
lakefront flood plain, ponding area, area of sheet flow, or
other SFHA not subject to overbank flooding from an identified
channel, the requirement of this subsection 6.a shall not ap-
ply.
b. No development in the SFHA shall include locating or storing
chemicals, explosives, bouyant materials, flammable liquids,
pollutants, or other hazardous or toxic materials below the
FPE unless such materials are stored in a storage tank or
floodproofed building constructed according to the require-
ments of Section 7.c of this ordinance.
C. New replacement sanitary sewer lines and on -site waste dis-
posal systems may be permitted providing all manholes or other
above ground openings located below the FPE are watertight.
SECTION 7 Protecting Buildings. In addition to the damage prevention
requirements of section 6, all buildings to be located in the SFHA shall
be protected from flood damage below the FPE. This building protection
requirement applies to the following situations:
(1) construction or placement of a new building valued at more
than $1,000;
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(2) improvements made to an existing building that increase
the first floor area by more than 20%;
(3) reconstruction or repairs made to a damaged building that
are valued at or more than 50% of the value of the building
before the damage occurred; and
(4) installing a mobile home on a new site or a new mobile
home on an existing site. This building protection require-
ment does not apply to returning a mobile home to the same
site it formerly lawfully occupied.
This building protection requirement may be met by any one of
the following methods:
a. A building may be constructed on permanent landfill in accord-
ance with the following:
(1) The area to be filled shall be cleared of all standing
trees, brush, down timber, trash, and other growth or objects
unsuitable for use as foundation material.
(2) The fill shall be placed in layers no greater than 1 (one)
foot deep before compaction.
(3) The surface of the fill shall be at or above the FPE. The
fill shall extend at least 10 feet beyond the foundation of
the building before sloping below the FPE.
(4) The fill shall be protected against erosion and scour dur-
ing flooding by vegetation cover, rip rap, or bulkheading. If
vegetative cover is used, the slopes shall be no steeper than
3 (three) horizontal to 1 (one) vertical.
(5) The fill shall not adversely affect the flow of surface
drainage from or onto neighboring properties.
(6) The Building Officer shall maintain a record of the "as
built" elevation of the lowest floor of the building.
b. A building may be elevated in accordance with the following:
(1) The building or improvements shall be elevated on stilts,
piles, walls, crawl space, or other foundation that is perma-
nently open to flood waters and not subject to damage by
hydrostatic pressures.
(2) The foundation and supporting members shall be anchored,
shaped and aligned so as to minimize exposure to known hydro-
dynamic forces such as currents, waves, and floating debris.
All mobile homes to be placed within Zone A on the City's
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Flood Insurance Rate Map, as may be amended from time to time,
shall be anchored to resist flotation, collapse, or lateral
movement by providing over -the -top and frame ties to ground
anchors.
(a) over -the -top ties shall be provided at each of the four
corners of the mobile home, with two additional ties per side
at intermediate locations and mobile homes less than 50 feet
long requiring one additional tie per side;
(b) frame ties shall be provided at each corner of the home
with five additional ties per side at intermediate points and
mobile homes less than 50 (fifty) feet long requiring four
additional ties per side;
(c) all components of the anchoring system be capable of car-
rying a force of 4,800 pounds; and
(d) any additions to the mobile home be similarly anchored.
(3) All areas below the FPE shall be constructed of materials
resistant to flood damage. The bottom of the joists of the
lowest floor and all utility meters shall be located at or
above the FPE.
(4) The Building Officer shall maintain a record of the "as
built" elevation of the lowest floor.
(5) No area below the FPE shall be used for storage of items
or materials subject to flood damage unless such items or
materials are declared "property not covered" by a Standard
Flood Insurance Policy of the National Flood Insurance Program.
(6) Any future alteration of the area below the FPE that vio-
lates the requirements of this Section 7.b shall be deemed a
violation of this ordinance. The Building Officer shall in-
form the applicant that any such alteration is considered a
willful act to increase flood damages and therefore will cause
coverage by a Standard Flood Insurance Policy to be suspended.
(7) No mobile home may be placed on a new site located within
an identified floodway.
c. A nonresidential building may be floodproofed in accordance
with the following:
(1) A Registered Professional Engineer shall certify that the
building has been designed so that below the FPE the structure
and attendant utility facilities are water -tight and capable
of resisting the effects of the base flood. The building de-
sign shall take into account flood velocities, duration, rate
of rise, hydrostatic and hydronamic forces, the effects of
buoyancy, and impacts from debris or ice.
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(2) Floodproofing measures shall be operable without human
intervention and without an outside source of electricity.
(3) The bottom of the floor joists of the first floor of a
residential building shall be at or above the FPE.
(4) The Building Officer shall maintain the engineer's certi-
ficate and a record of the "as built" elevation to which the
building was floodproofed.
SECTION 8 Other Development Requirements. The City Council shall take
into o account f ood hazards, to the extent that they are known, in all
official actions related to land management, use, and development.
a. The City Council shall not approve any annexation agreement or
plat of subdivision located outside the corporate limits un-
less such agreement or plat is in accordance with the provi-
sions of this ordinance. The Building Officer shall obtain
the best available SFHA maps and data for the unincorporated
areas.
b. New subdivisions, mobile home parks, and planned unit develop-
ments (PUDS) shall meet the requirements of Sections 6 and 7
of this Ordinance. Plats or plans for new subdivisions, mo-
bile home parks, and planned unit developments (PUDS) shall
include a signed statement by a Registered Professional Engi-
neer that the plat or plans account for changes in the drain-
age of surface waters in accordance with the Plat Act (I11.
Rev. Stat.1979, Ch. 109, par.2)
C. Plats or plans for new subdivisions, mobile home parks, and
planned unit developments (PUDS) shall display the following
flood data:
(1) The boundary of the SFHA;
(2) the boundary of the floodway, if shown on available SFHA
maps;
(3) easements of lands dedicated to the City for access for
channel maintenance purposes; and
(4) the FPE for each building site. Where the Base Flood
Elevation is not available from an existing study filed with
the Illinois State Water Survey, the applicant shall be re-
sponsible for calculating the FPE and submitting it to the
State Water Survey for review and approval as best available
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elevation data.
d. Plans for the development activities to be undertaken by the
City in the SFHA shall be reviewed by the Building Officer to
ensure that they comply with this Ordinance. Except as ex-
empted by law, no other local government shall commence any
development activity in the SFHA without first obtaining a
development permit from the Building Officer.
e. The City Planning Commission shall take the following into
consideration when preparing or revising the comprehensive
plan, community development program, housing assistance plan,
and other land use or development programs:
(1) preserving SFHA land for open space uses such as farming
or recreation;
(2) acquiring and removing frequently flooded buildings;
(3) prohibiting hospitals, water treatment plants, natural gas
storage and other critical or especially hazardous facilities
from locating in the SFHA;
(4) identifying the elevations of the Base Flood and past
floods at entrances to public buildings, on street signs, or
prominent locations; and
(5) other flood hazard mitigation or floodplain management
activities that could help accomplish the purposes of this
ordinance.
SECTION 9 Variances. Whenever the standards of this Ordinance place
undue hardship on a specific development proposal, the applicant may
apply to the Plan Commission for a variance. The Plan Commission shall
review the applicant's request for a variance and shall submit its recom-
mendation to the City Council.
a. No variance shall be granted unless the applicant demonstrates
that:
(1) the development activity cannot be located outside the
SFHA;
(2) a substantial economic hardship would result if the vari-
ance were not granted;
(3) the relief requested is the minimum necessary;
(4) there will be no additional threat to public health or
safety or creation of a nuisance;
SF:
(5) there will be no additional public expense for flood pro-
tection, rescue or relief operations, policing, or repairs to
roads, utilities, or other public facilities; and
(6) the provisions of subsection 5.c of this Ordinance can
still be met.
b. The Building Officer shall notify an applicant in writing that
a variance from the requirements of Section 7 that would les-
sen the degree of protection to a building will:
(1) result in increased premium rates for flood insurance up
to amounts as high as $25 for $100 of insurance coverage;
(2) the variance shall be conditioned on the contents being:
(a) of materials resistant to flood damage; or
(b) items declared "property not covered" by a Standard
Flood Insurance Policy of the National Flood Insurance Pro-
gram; or
(c) readily moveable to a place of protection during a
flood provided there will be personnel available and adequate
warning.
(3) Any future alteration of the area below the FPE that vio-
lates the conditions of the variance shall be deemed a viola-
tion of this ordinance. The Building Officer shall inform the
applicant that any such alteration is considered a willful act
to increase flood damages and therefore will cause coverage by
a Standard Flood Insurance Policy to be suspended.
C. Variances requested in connection with restoration of a site
or building documented as worthy of preservation by the Illi-
nois Department of Conservation may be granted using criteria
more permissive than the requirements of Subsection 9.a.
SECTION 10 Disclaimer of Liability. The degree of flood protection
required by this Ordinance is considered reasonable for regulatory pur-
poses and is based on available information derived from engineering and
scientific methods of study. Larger floods may occur or flood heights
may be increased by man-made or natural causes. This Ordinance does not
imply that development either inside or outside of the SFHA will be free
from flooding or damage. This Ordinance does not create liability on the
part of the City or any officer or employee thereof for any flood damage
that results from reliance on this Ordinance or any administrative deci-
sion made lawfully thereunder.
-159-
SECTION 11 Penalty. The Building Officer may determine upon due inves-
tigation that a violation of the minimum standards of this Ordinance
exist and after such owner fails after ten days notice to correct his
property, the City may make application to the circuit court for an in-
junction requiring conformance with this Ordinance or make such other
order as the court sees necessary to secure compliance with the Ordi-
nance. Any person who violates this Ordinance shall upon conviction
thereof be fined not less than twenty-five dollars ($25) nor more than
five hundred dollars ($500). A separate offense shall be deemed commit-
ted upon each day during on or which a violation occurs or continues.
Failure to comply with the requirements of a permit or condition of a
variance resolution shall be deemed to be a violation of this Ordinance.
Nothing herein shall prevent the City from taking such other lawful
action to prevent or remedy any violations. All costs connected there-
with shall accrue to the person or persons responsible.
SECTION 12 Abrogation and Greater Restrictions. This Ordinance is not
intended to repea , abrogate, or impair any existing easements, cove-
nants, or deed restrictions. However, where this Ordinance and other
ordinance, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
SECTION 13 Sections 7-131 through 7-147 inclusive of Article VIII of
Chapter 7 of the Municipal Code, City of McHenry, Illinois, be and the
same are hereby repealed.
SECTION 14 Separabilit The provisions and sections of this Ordinance
shall be deemed sepaa and the invalidity of any portion of this Ordi-
nance shall not affect the validity of the remainder.
SECTION 15 Effective Date. This Ordinance shall be in full force and
effect from and after its passage and approval and publication as re-
quired by law.
PASSED this 16th day of March, 1981.
AYES: Harker, Datz, Adams, Wieser, Schooley, Meurer.
NAYS: Pepping.
ABSTAIN: Nolan
ABSENT: None
APPROVED THIS 16th day of March, 1981.
ATTEST:
/s/ Barbara E. Gil in
CITY CLERK
/s/ Joseph B. Stanek
MAYOR
-160-
(The next page is 165)
A - 2
PROCEDURE TO BE FOLLOWED IN CONNECTION WITH AMENDMENT OF
ANNEXATION AGREEMENTS
1. (By Owner -Developer)
File Petition to amend the Annexation Agreement, attaching thereto a
copy of the proposed Amendment and requesting City Council to set a
time, date and place for a public hearing on the proposed Amendment
and that City Council refer all proposed new Ordinances or Amend-
ments contemplated thereby to the appropriate Commission or Board
for purposes of holding all required hearings.
2. (By Mayor and City Council)
Set the date of public hearing on the terms of the proposed Amend-
ment and refer all proposed new Ordinances and Amendments requiring
a public hearing prior to adoption to the Plan Commission or Zoning
Board for the purposes of holding such hearings. (Note that all
Amendments to the Zoning Ordinance and all Amendments of the Com-
prehensive Plan require public hearings prior to the Amendment.)
(Illinois Revised Statutes, Chapter 24, paragraphs 11-13-6,
11-13-14, and 11-12-7).
3. (By Owner -Developer)
Publish Notice regarding the hearings before the Plan Commission and
Zoning Board in accordance with the applicable statutes and ordi-
nance provisions. Mail notices of hearings to owners of adjoining
lands, where required by statute or ordinances.
4. (Plan Commission and Zoning Board of Appeals)
Hold public hearing with respect to the proposed subdivision, Amend-
ment of Zoning Ordinance and variation from Subdivision Control
Ordinance, if any; Plan Commission and Zoning Board to submit find-
ings to Mayor and City Council.
5. (By Owner -Developer)
Publish Notice of the public hearing to be held by the Mayor and the
City Council on the terms and provisions of the proposed Amendments
in the local newspaper not more than 30 days and less than 15 days
before the hearing date, advising as to the place where the complete
text of the proposed Amendment may be examined. Mail notice of
hearing, where required by statute, to Fire Protection District,
Library District, Township Officials, and Township Road Commissioner
and advising as to the place where the complete text of the proposed
Amendment may be examined.
6. (By Mayor and City Council)
Hold public hearing to consider terms of proposed Amendments to
Annexation Agreement (should be held after receipt of all recommen-
dations of Plan Commission and Zoning Board).
7. (By Owner -Developer and Mayor and City Council)
Negotiate the final terms of the Agreement. The Provisions of the
-165-
proposed Amendment may be modified after the hearing but such nego-
tiations should be conducted at public meetings.
8. (By Owner -Developer)
Submit a minimum of six (6) exact true and legible copies of the my-
lar of subdivision plats or maps that are presented for recording at
the McHenry County Recorder of Deeds Office.
9. (By Mayor and City Council)
Adopt Ordinance authorizing execution of Amendment by Mayor and City
Clerk and adopting such Zoning Ordinance Amendments and Amendments
to Subdivision Control Ordinance as may be agreed upon.
10. (By City)
Record certified copy of amendment and subdivision plat.
-166-
(The next page is 170)
A - 3
PROCEDURE TO BE FOLLOWED IN CONNECTION WITH
ANNEXATI N AGREEMENT
1. (By Owner -Developer)
File Petition to Annex and Proposed Annexation Agreement and re-
questing City Council to set a time, date and place for public hear-
ing on the proposed Agreement and request City Council refer all
proposed new Ordinances or Amendments contemplated thereby to the
appropriate Commission or Board for purposes of holding all required
hearings.
2. (By Mayor and City Council)
Set the date of public hearing on the terms of the proposed Agree-
ment and refer all proposed new Ordinances and Amendments requiring
a public hearing prior to adoption to the Plan Commission or Zoning
Board for the purposes of holding such hearings. (Note that all
Amendments to the Zoning Ordinance and all Amendments of the Compre-
hensive Plan including the Subdivision Code, require public hearings
prior to the Amendments of the Comprehensive Plan including the Sub-
division Code, require public hearings prior to the Amendment.)
Illinois Revised Statutes, Chapter 24, paragraphs 11-13-6, 11-13-14,
and 11-12-7).
3. (By Owner -Developer)
Publish Notice regarding the hearings before the Plan Commission and
Zoning Board in accordance with the applicable statutes and ordi-
nance provisions. Mail Notices of Hearings to owners of adjoining
lands where required by statute or ordinances.
4. (Plan Commission and Zoning Board of Appeals)
Hold public hearing with respect to the proposed subdivision, Amend-
ment of Zoning Ordinance and variation from Subdivision Control
Ordinance, if any; Plan Commission and Zoning Board to submit find-
ings to Mayor and City Council.
5. (By Owner -Developer)
Publish Notice of the public hearing to be held by the Mayor and the
City Council on the terms and provisions of the proposed annexation
agreement in the local newspaper not more than 30 days nor less than
15 days before the hearing date, informing the public generally of
the terms of the proposed Annexation Agreement and advising as to
the place where the complete text of the proposed annexation agree-
ment may be examined.
6. (By Mayor and City Council)
Hold public hearing to consider terms of proposed Annexation Agree-
ment (should be held after receipt of all recommendations of Plan
Commission and Zoning Board).
-170-
7. (By Owner -Developer and Mayor and City Council)
Negotiate the final terms of the Agreement. The Provisions of the
proposed Annexation Agreement may be modified after the hearing but
such negotiations should be conducted at public meetings.
8. (By Owner -Developer)
Submit a minimum of six (6) exact true and legible copies of the my-
lar of subdivision plats or maps that are presented for recording at
the McHenry County Recorder of Deeds Office.
9. (By Mayor and City Council)
Adopt Ordinance authorizing execution of Annexation Agreement by
Mayor and City Clerk annexing the subject territory and adopting
such Zoning Ordinance Amendments and Amendments to Subdivision Con-
trol Ordinance as may be agreed upon.
10. (By City)
Record certified copies of Annexation Agreement, Annexation Ordi-
nance and Plat of Annexation; file certified copies of Annexation
Agreement, Annexation Ordinance and Plat of Annexation with County
clerk by registered mail.
-171-
(The next page is 175)
A - 4
Preliminary Plat
Date Plat Submitted
Name of Subdivision
CITY OF McHENRY - SUBDIVISION CHECKLIST
Ordinance
Satisfied
1. Shall be drawn with water proof, non -fading ( )
black ink or legibly drawn with pencil on mylar
or good quality vellum not smaller than 22" x 30"
nor larger than 24"x 36" in dimension
2. Shall show:
a. Date (Preparation date shall be used).
Succeeding revision(s) shall show a revision.
date.
b. Graphical scale (not more than 100' to the
inch).
c. Northpoint.
d. The proposed subdivision name. The Developer
has submitted, at the time of filing, a letter
duly executed by either the McHenry County
Recorder or a McHenry County Title Company
certifying that the proposed subdivision name
does not duplicate the name of any plat pre-
viously recorded within the County.
e. Name and addresses of:
(1) The Owner.
(2) The Subdivider.
(3) Engineer or Surveyor preparing the plat.
f. Location of the subdivision by government lot,
quarter -quarter section, section ,township, range,
and county.
g. A small scale drawing of the section or government
subdivision of the section in which the subdivision
lies oriented in the same manner as the main drawing
and showing:
(1) Location of the subdivision thereon.
(2) Location of impacted schools.
(3) Location of existing adjacent or proposed
park areas.
-175-
Not In
Compliance
Preliminary Plat
Ordinance Not In
Satisfied Compliance
(4) Locations and names of adjacent major and ( ) ( )
secondary streets (resident and commercial),
and collector streets.
(5) Locations of nearest lakes, ponds (existing ( ) ( )
proposed), or water courses.
h. The exact length and bearing of the exterior ( ) ( )
boundaries of the subdivision.
i. Zoning requested within the subdivision.
j. Locations, names, and zoning of adjacent
subdivisions. ( ) ( )
k. Owners of Record of all adjoining parcels of ( ) ( )
unsubdivided land.
1. Location, widths, and names of all existing and ( ) ( )
platted streets, alleys, or other public ways and
easements, railroad, and utility rights -of -way, parks,
cemeteries, water courses, drainage ditches, permanent
buildings, bridges, and other pertinent data as deter-
mined by the Plan Commission, within three hundred (300)
feet of the proposed subdivision, or property owned or
controlled by the subdivider.
m. The water elevations of adjoining lakes or streams
at the date of the survey. (All elevations shall be
referred to the USGS datum).
(1) Approximate known high water elevations. ( ) ( )
(2) Approximate known low water elevations of ( ) ( )
such lakes or streams.
n. If the subdivision borders on a lake or stream, ( ) ( )
the distances and bearings of a meander line established
not less than twenty (20) feet outside the 100-year
flood plain line of the lake or stream.
o. (1) Special flood hazard boundary lines and ( ) ( )
areas are identified and are based upon
USGS datum.
(2) For those areas not subjected to flooding ( ) ( )
or when the special flood hazard boundary lines
are not shown, the subdivider has submitted,
at the time of filing, a certification from a
Professional Engineer of the State of Illinois,
stating that no part of the proposed subdi-
vision is located within a flood hazard area.
-176-
Preliminary Plat
Ordinance Not In
Satisfied Compliance
p. All new streets and right-of-ways such as alleys,
highways, easements for sewers, water mains, and
other public utilities are shown.
(1) Streets.
(2) Alleys.
(3) Highways.
(4) Water mains.
(5) Other public utilities.
q. Names of all streets. (No street name to be
duplicated within City Jurisdiction Limits).
r. Direction and distance to nearest water and sewer
main, and size and capacity of said mains.
(1) Water Mains:
a. Direction
b. Distance
c. Size
(2) Sanitary Sewer:
a. Direction
b. Distance
c. Size
s. Approximate dimensions of and areas of lots
(1) Dimensions
(2) Area
(3) In determining the minimum lot areas under
this ordinance, and to meet the zoning
ordinance requirements, a developer has submitted
at the time of filing a letter from an Illinois
Registered Land Surveyor certifying that the
following conditions have been met:
(a) Ninety (90) percent of the minimum lot
area shall be at least two (2) feet
above the approximate high water elevation
of any lake or stream affecting the area, and
(b) Eighty (80) percent of the minimum lot
area shall be at least three (3) feet
above the highest ground water level, as
estimated by the subdivider or his agent
from soil boring test data, and as verified
by the City Engineer.
t. Proposed building lines
u. Lot widths at building lines are shown.
v. P.C., P.T., Radii, length, and central angle
for all horizontal curves are shown.
-177-
Preliminary Plat
Ordinance Not In
Satisfied Compliance
w. Approximate location and area of property ( ) ( )
proposed to be dedicated for public use of
all property owners in the subdivision with the
conditions, if any, of such dedication or
reservation.
(1) Location. ( ) ( )
(2) Area. ( ) { )
(3) Conditions. ( ) ( )
x. Contours at vertical intervals of not more than ( ) ( )
two (2) feet with reference to USGS datum, or at
more frequent intervals if required by the Plan
Commission for land of unusual topography. ( ) ( )
y. A table with the following information:
(1) Total acreage of subdivision. ( ) ( )
(2) Acreage of streets. ( ) ( )
(3) Total number of lots. ( ) ( )
(4) Average area of lots, in square feet. ( ) ( )
(5) Acreage of public lands to be dedicated ( ) ( )
other than streets.
3. Certificates to Accompany Plat:
Such certificates as are required by the Subdivision ( )
Control Ordinance of the City of McHenry and State
Statutes shall be lettered or printed legibly with
black ink or typed legibly with black ribbon. The
Surface Water Drainage Certificates shall be duly
executed at the time such plat'is'presented forthe
Plan Commission's review. It is the responsibility
of the owner to obtain the required signatures.
a. Surface Water Drainage Certificate (duly ( )
executed)
Plans
Do Not
Comply Comply
4. a. Simultaneous with filing the preliminary plat, ( )
or as soon as thereafter as practicable,
four (4) copies of construction plans and
specifications, prepared by a Professional
Engineer registered in Illinois, shall be
furnished in accordance with the provisions
of Sections V.D and VIII of the Subdivision
-178-
Specifications
o Not
Comply Comply
Plans
Specifications
Do Not Do Not
Comply
Comply Comply Comply
Control Ordinance for the following subdivision
improvements:
(1) Streets.
(2) Sanitary sewerage system. { )
{ ) ( ;► ( )
(3) Storm drainage including sewers.
(4) Water Supply and Distribution
(5) Street lights. ( )
( ) ( ) ( )
(6) Sidewalks. ( )
( ) ( ) ( )
(7) Curb and gutter. ( )
( ) ( ) ( )
(8) Public utility locations.
(9) Street signs, guard rails, etc.
(10) 100 year Flood Plain Boundaries
b. Should the subdivider choose to improve only a
portion of the plat:
(1) The basis of design for the entire area ( )
( ) ( ) ( )
of the proposed subdivision as well as
any additional area necessary to proper
design of facilities shall be submitted
at the time of filing.
(2) Construction plans and specifications ( )
( ) ( ) ( )
for that portion to, be developed have
been furnished in accordance with
4.a. above.
5. Should a subdivider choose to obtain a pre- ( )
( ) ( ) ( )
liminary approval of a plat with respect to
layout, said plat submission shall include the
payment of appropriate fees and those items
included within this checklist under item 2
a.,b.,c.,e.,f.,g.,h.,i.,j.,l.,m.,n.,o.,q.,r.,s.,
t.,u.,v.,w.,x.
If tentative approval of the proposed plat is
received and the subdivider proceeds with the
subdivision, the entire subdivision review
procedure shall then be followed.
6. Engineer Certification Seal and Signature. ( )
( ) ( ) ( )
7. Fees Paid - Amount $
-179-
(The next page is 190)
A - 5
Date Plat Submitted
Name of Subdivision
CITY OF MCHENRY - SUBDIVISION CHECKLIST
Ordinance Variance Not In
Satisfied Granted Compliance
1. General Requirements:
All Plats shall be prepared as follows:
a. On Mylar or good quality vellum not ( ) ( ) ( )
smaller than 22" x 30" nor larger
than 24" x 36" in dimension. Mul-
tiples of sheets shall be numbered
consecutively and shall show the total
number of sheets.
b. A binder margin of one and one-half ( ) ( ) ( )
(1-112) inches on the left side of the
thirty (30) inch or larger length and
all other margins one (1) inch wide.
c. Drawn with a waterproof non -fading ( ) ( ) ( )
black ink, at a graphic scale of not
more than one hundred (100) feet to
the inch with the scale indicated.
d. The northpoint shall be the top of the ( ) ( ) ( )
sheet, or on the left side of the
sheet.
e. Dated (Preparation date shall be used). ( ) ( ) ( )
Succeeding revision(s) show a re-
vision date.
2. Map and Engineering Information:
The final plat shall show correctly:
a. Exterior boundaries of the land sur-
veyed and divided.
b. All monuments erected, corners and ( ) ( ) ( )
other points established in the field
in their proper places, noting the
materials used for the monuments,
corners, or other points.
c. Exact length and bearing of the ex- ( ) ( ) ( )
terior boundaries and easements shall
-190-
Ordinance Variance Not In
Satisfied Granted Compliance
be shown by width when parallel to a
boundary, otherwise bearings, distances
and widths shall be shown.
d. All lots consecutively numbered by ( ) ( ) ( )
block.
e. Show exact width of all easements, ( ) ( ) ( )
streets, and alleys.
f. All lake or stream shore meander lines ( ) ( ) ( )
within the subdivision boundaries have
been established by the surveyor and set
back not less than twenty (20) feet out-
side the ordinary high water mark or the
100-year flood plain line and showing dis-
tances, bearings, and point(s) of inter-
section of the meander lines with the lot lines.
g. The number of degrees and minutes in ( ) ( ) ( )
all exterior boundary and block angles.
h. When a street is on a circular curve, ( ) ( ) ( )
lot lines on the street sides shall
show the radius and length of curve.
The central angle of the curve shall be
shown along the centerline of the roadway.
i. (1) Special flood hazard boundary ( ) ( ) ( )
lines and areas based upon USGS
datum available at that time and
subject to change, are identified.
(2) Subdivider and subdivider's engi-
neer has furnished a certificate
stating that development within
the flood hazard area will conform
with the flood hazard ordinance in
all items.
3. Name Location and Position: The name of the subdivision shall be prominent
and shall not be a dupTicate of the name of any plat previously recorded in
McHenry County. The following shall be shown:
a. Location of the Subdivision by gov-
ernment lot, quarter -section, section,
township, range and county noted
immediately under the name of the
subdivision.
-191-
Final Plat
Ordinance Variance
Satisfied Granted
b. Exact legal description of the sub-
division indicated by distances and
by bearings with reference to a corner
or corners established in the U.S.
public land survey.
c. A small scale drawing of the section
or government subdivision of the section
in which the subdivision lies oriented
in the same manner as the main drawing
and showing:
(1) Location of the subdivision thereon.
(2) Location of impacted schools.
(3) Location of existing adjacent or
proposed park areas.
(4) Locations and names of adjacent
major, secondary streets (residential
and commercial) and collector streets.
(5) Locations of nearest lakes, ponds
(existing or proposed) or water courses.
d. Names of adjoining streets, highways
and subdivisions shown in their proper
location.
e. Abutting street and state highway
lines of adjoining plats showing the
width of these streets and highways.
4. Roads and Public Spaces:
a. he name of each road or street in
the plat shall be printed thereon in
prominent letters.
b. All lands dedicated to the City of
McHenry for roads, streets, easements,
parks, and for any other purpose shall
be clearly marked "Dedicated to the
City".
c. Water elevation 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
USGS datum.
-192-
Not In
Compliance
Final Plat
5. Certificates to Accompany Plat:
To entitle a final plat to be recorded, such certificates as are required by
the subdivision Control Ordinance of the City of McHenry and State Statutes
shall be lettered or printed legibly with black ink or typed legibly with black
ribbon, all of which (except the County and City Clerk's and County Recorder's
Certificates) shall be duly executed at the time such plat is presented for
approval by the City Council: (It is the responsibility of the Owner to obtain
the required signatures.)
Ordinance Variance Not In
Satisfied Granted Compliance
a. Surveyor's Certificate (Duly Executed) ( ) ( ) ( )
b. Owner's Certificate (Duly Executed) ( ) ( ) ( )
c. Non -Corporate Owner's Certificate or ( ) ( ) ( )
Corporate Owner's Certificate (Duly
Exec.)
d. Surface Water Drainage Certificate ( ) ( ) ( )
(Duly Executed)
e. City Plan Commission Certificate ( ) ( ) ( )
(Duly Executed)
f. Notary Certificate (Duly Executed) ( ) ( ) ( )
g. City Treasurer's Certificate ( ) ( ) ( )
(Duly Executed)
h. City Engineer's Certificate (Duly ( ) ( ) ( )
Executed)
i. County Clerk's Certificate ( ) ( ) ( )
j. City Clerk's Certificate ( ) ( ) ( )
k. County Recorder's Certificate (See
Appendix A-9 - page 217) ( ) ( ) ( )
1. Duly executed and notarized Agreement ( ) ( ) ( )
signed by all mortagees and lien holders
of record subordinating such mortgages
and liens to all plat dedications.
6. The regular meetings of the City Council are held on the lst, 2nd, and 3rd
Mondays in those months that do not have five Mondays and on the lst, 3rd and
5th Mondays of those months that do have five Mondays. The aforesaid regular
meetings will be held at 7:30 p.m. during the months of November through April
and at 8:00 p.m. during the months of May through October of each year. Any
request for the approval of a Final Plat must be complete in its entirety, to
include all reviews, City Engineer's Estimated Cost of Public Improvements,
Developer's Performance Bond, (Letter of Credit, or other acceptable form
of Security relating to the construction of those public improvements) and in the
City's possession one week prior to the Council meeting before which the request
is to be considered.
7. Upon the completion of the recording of the final plat, the Developer shall
prepare and furnish to the City of McHenry one (1) set each of reproducible
transparency drawings of all sheets associated with the Subdivision Final Plat
Proper. Said transparencies shall be prepared using sepia mylar matte one side.
-193-
(The next page is 200)
A - 6
Rules and Procedures
Plan Commission
City of McHenry, Illinois
1.0 SCOPE
The Plan Commission of the City of McHenry is generally responsi-
ble for the following activities:
1.1 Review and make recommendations to modify and approve pro-
posed subdivision plats as specified in the City of McHenry
Subdivision Control Ordinance.
1.2 The Plan Commission will serve in an advisory capacity to
the Zoning Board of Appeals to review petitions for Zoning
reclassifications to determine if the requested use is con-
sistent with the City of McHenry Comprehensive Plan.
1.3 Maintain and make recommendations to update the official
Comprehensive Plan of the City of McHenry as required.
1.4 Conduct research, develop future plans, and identify needs
for vital municipal services and facilities and make appro-
priate recommendations to the City Council.
1.5 Perform other planning functions as directed by the City
Council or the Mayor.
2.0 JURISDICTION
The Plan Commission of the City of McHenry shall have the author-
ity to perform the functions specified in item 1.0 for all appropriate
matters which fall within the City itself and beyond the City within
the 1-1/2 mile planning radius.
3.0 MEMBERS AND OFFICERS
3.1 The Plan Commission of the City of McHenry shall consist of
eleven(II) members appointed by the Mayor subject to con-
firmation by the City Council.
3.2 The terms of office for the members of the Plan Commission
shall be 5 years.
-200-
3.3 Should any member(s) of the Plan Commission resign or for any
reason be unable to complete their specified term(s), the Plan
Commission shall be allowed to carry on its normal business
and act on matters brought before it so long as it maintains a
membership of at least 6 people.
3.4 The presiding officer of the Plan Commission shall be the
Chairman. The Chairman will be appointed by the Mayor of the
City of McHenry subject to confirmation by the City Council.
3.5 The Chairman of the Plan Commission shall appoint one of the
members of the Plan Commission as Vice -Chairman. The Vice -
Chairman will fill in for the Chairman at the Chairman's re-
quest whenever the Chairman is absent. The Vice -Chairman's
term will run from May 1 through April 30.
4.0 SUB -COMMITTEES
The Chairman shall have the authority to create sub -committees made
up by the members of the Plan Commission to carry out research and
study activities such as those described in items 1.3, 1.4, and
1.5. Recommendations by subcommittees must be approved by the Plan
Commission before they are submitted to the City Council.
5.0 PROCEDURES
In addition to those procedures spelled out in the Subdivision Con-
trol Ordinance, the following shall apply:
5.1 Requests for hearings before the Plan Commission shall be made
with the City Clerk. The City Clerk will ensure that all ap-
propriate fees have been paid and that the information sub-
mitted is complete and in the proper form as required by the
ordinances of the City of McHenry before the matter is placed
on the Plan Commission agenda. This agenda shall be approved
by the Chairman of the Plan Commission. Requests for hearings
and all plats, plans, specifications, documents, etc., per-
tinent to that hearing must be filed with the City Clerk at
least four (4) weeks in advance of the hearings.
5.2 Petitioners shall provide the City Clerk with sufficient
copies of plats, plans, specifications, documents, and any
other materials pertinent to the hearing for each member of
the Plan Commission. Packets containing the agenda and all
pertinent materials will be available at the City Clerk's Of-
fice at least ten (10) days prior to the hearing. Each Plan
Commission member will be notified by phone when to pick up
their packet at the City Clerk's office.
-201-
5.3 Hearings will be conducted in the following manner: Peti-
tioners will submit their proposal and call upon their wit-
nesses. Members of the Plan Commission will have the oppor-
tunity to question the petitioner and his witnesses. Visitors
will be permitted to speak or enter into the discussion only
when recognized by the Chairman. The Chairman shall have the
authority to limit discussions by visitors. The Plan Com-
mission will offer recommendations to the petitioner. The
petitioner will have an opportunity to respond to the recom-
mendations of the Plan Commission. A vote will be taken.
6.0 MEETINGS
6.1 Regularly scheduled meetings will be held'on the second Thurs-
day of each month at 7:30 p.m.
6.2 The meetings can be terminated at the discretion of the Chair-
man.
6.3 Meetings can be rescheduled with the approval of the Plan
Commission.
6.4 In addition to regular meetings, special meetings may be
called by the Chairman. If these meetings are for the purpose
of hearing petitions, the procedures specified in 5.1 and 5.2
will be followed.
6.5 Six members must be present to constitute an official meeting.
6.6 Notification of meetings and an agenda will be "posted" on the
city hall notice board.
6.7 Members of the Plan Commission unable to attend regularly
scheduled meetings shall notify the City Clerk who in turn
will determine if a quorum will be present. In the event that
a quorum is not possible, the City Clerk shall notify the
Chairman and members of the Plan Commission and petitioners
that the meeting will be postponed and rescheduled at the dis-
cretion of the Commission.
7.0 MINUTES
7.1 The Chairman shall have the authority to engage a clerk to
take minutes of the proceedings of all official meetings of
the Plan Commission.
7.2 The minutes shall be approved by a majority vote of the Plan
Commission and once approved will constitute the official re-
cord of the proceedings of the Plan Commission.
-202-
7.3 Minutes shall be distributed to the following:
a. Chairman, Plan Commission
b. Members, Plan Commission
c. Mayor
d. City Clerk
e. Aldermen, City Council
f. Superintendent of Public Works
g. Chairman, Zoning Board of Appeals
h. All parties bringing business before the Plan Commission.
8.0 VOTING
8.1 Votes will be taken in response to motions and seconds initi-
ated by members of the Plan Commission.
8.2 The Chairman of the Plan Commission shall have the authority
to vote.
8.3 Six affirmative votes will be required to pass any motion.
These Rules and Procedures have been adopted by the Plan
Commission of the City of McHenry on this 8th day of June,
1978.
Motion made by Don Toole
Seconded by Joan Schwegel
Voting Opposed: None
Voting In Favor: All
-203-
(The next page is 210)
A - 7
FEES AND EXPENSES TO BE REIMBURSED TO CITY FOR NEW ANNEXATIONS
"RETAINED PERSONNEL"
1. Property owners shall pay and reimburse the City for any and all
council and administrative expenses and costs and for any and all
fees, salaries or compensations incurred and charged to the City by
the retained personnel of the City in connection with the proposed
annexation of any land to the City as hereafter set forth.
2. Retained personnel shall be defined as any engineer, attorney, plan-
ner, economist, or other technical, professional or other expert
paid or retained by the City to assist or advise the City, directly
or indirectly, in connection with any aspect of a proposed annexa-
tion of territory to the City.
3. The property owner shall deposit with the City Clerk a sum to be
calculated, as hereafter set forth, on the basis of the amount of
territory to be annexed to be used toward defraying the aforesaid
expenses, costs, fees, salaries and compensations:
1. For territory up to five (5) acres - $1,000.00
2. For territory of five (5) acres or more-$1,000.00
plus $100.00 per acre for each acre in excess of five
(5) acres.
This deposit shall be paid to the City at the time that a petition
for annexation is filed or a proposed annexation agreement is pre-
sented by the Property owner or at the time the City Council sets
the date of the Public Hearing thereon or refers any annexation mat-
ters to the Zoning Board of Appeals or the Plan Commission or at
anytime prior thereto that either the Mayor or the City Council may
direct.
4. An acre for the purposes of Section 28-3 shall be defined as that
measurement of land that is the dimensions of an acre nothwith-
standing any roads, buildings or other physical structures or
obstacles located on, within, or adjacent to, said measurement.
5. All proceedings in connection with such annexation shall be stayed
until said sum so designated is deposited with the City Clerk as
aforesaid.
6. Any statement or bill submitted to the City by the retained person-
nel shall segregate and identify the charges and fees incurred
directly or indirectly connected with said annexation; a copy of
said statement or bill shall be forwarded to said property owner at
the time an amount to equal said charges and fees are withdrawn from
said specified account.
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7. At any time the balance in the property owner's account reaches one-
fourth of the original amount deposited, the Mayor or the City Coun-
cil may demand from the property owner a sum of money that, in addi-
tion to the balance in said specified account, shall equal the
amount originally deposited hereunder or such lesser fraction there-
of that the City council might, in such case, determine.
All proceedings with regard to such annexation shall be stayed until
said subsequent demands for additional deposits shall be paid by the
property owner.
The Mayor or the City Council shall give notice of said demand for
payment to said property owner and a duplicate copy of said notice
shall be furnished to the Plan Commission.
Any demand or subsequent demand of the City Council, not deposited
by the property owner within six months of the date of said demand
shall, at the discretion of the City Council and upon written notice
to the property owner, terminate the proposed annexation proceedings.
8. All funds required to be deposited by the property owner shall be
deposited by the City into a special account and shall be held in
the name of the City for the uses and purposes set forth in this
ordinance.
9. The City Council may, for good cause shown by the property owner in
writing to said council, grant continuances in writing to said
property owner for said deposits.
10. The City Council, may in its discretion and upon written resolution,
waive any of the requirements of the Retained Personnel Ordinance.
11. Upon the presentment of the final statement of the retained person-
nel, any balance of the deposit remaining in the account, including
any interest, shall be returned and repaid to the property owner.
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(The next page is 215)
A - 8
THE FOLLOWING APPLIES TO VACANT LAND
WITHIN N Y AND ITS JURISn=N
As a condition of approval of an application for a residential
building permit for the construction of any residential dwelling unit
anywhere in the City on land for which a cash contribution has not been
previously paid under the terms and provisions of Paragraph H. of Section
V. of the City's Subdivision Control Ordinance, the applicant for such
residential dwelling unit building permit shall be required to pay for
school, park, and library purposes, a cash contribution, per each resi-
dential dwelling unit to be constructed, calculated in accordance with
the following schedule:
CONTRIBUTION PER RESIDENTIAL DWELLING UNIT FOR:
otal
Type of Residential Contribution
Dwelling Unit: Schools Parks Library Per Unit
Single Family Dwellings:
3 bedroom or less
$400
$400
$100
$ 900
4 bedroom
$500
$500
$125
$1,125
5 bedroom
$600
$600
$175
$1,375
Apartments:
1 bedroom
$ 25
$180
$ 50
$ 225
2 bedroom
$150
$300
$ 75
$ 525
3 bedroom
$225
$390
$100
$ 715
Townhouse, Row
House, Quadriplex
1 bedroom
$ 0
$180
$ 50
$ 230
2 bedroom
$ 75
$300
$ 75
$ 450
3 bedroom
$260
$390
$100
$ 750
The cash contribution required by this paragraph shall be payable to
the City at the time application is made to the City for the issuance of
such residential building permit. Such cash contributions shall be cal-
culated pursuant to the above schedule on the basis of the type of resi-
dential unit to be constructed and the number of bedrooms specified in
said application.
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The City shall remit the cash contributions to the affected School
District on a periodic basis no less frequently than annually. Such cash
contributions, in lieu of school sites, shall be held in a special fund
by the School District and disbursed by the School District for use in
the acquisition of land for a school site to serve the immediate or
future needs of children from that subdivision or development or for the
improvement to any existing school site which already serves such needs,
but not for the construction of any school building or additions thereto.
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County Recorder's Certificate
(For Final Plat)
"DOCUMENT NO.
FILED FOR RECORD IN THE RECORDER'S OFFICE
OF McHENRY COUNTY, ILLINOIS ON
AT M."
RECORDER OF DEEDS
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