HomeMy WebLinkAboutOrdinances - MC-86-363 - 07/02/1986 - SCO waiver of regs permitted in certain instances;ORDINANCE NO. Mr_RF_���
AN ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1. Paragraph I of Section V of the
Subdivision Control Ordinance of the City of McHenry be and
the same is hereby amended to read as follows:
I. WAIVER OF CERTAIN SUBDIVISION PROCEDURES
PERMITTED IN CERTAIN CASES:
1. BASES FOR WAIVER OF REGULAR PROCEDURES. The
owner of land located within the City, or within 1 112
miles thereof, may request the City Council to waive
the procedures before the Plan Commission set forth in
paragraphs B, C and D of this Section of the
Subdivision Control Ordinance with regard to any
division of a lot, parcel or tract of land into two or
more lots, parcels or building sites where the
proposed final plat of subdivision: (a) does not
require the installation of any new street, storm
water sewerage or surface drainage system, street
lighting, sidewalks, abutting public sanitary sewer
and water mains or other public subdivision
improvements, (b) complies with the provisions of
paragraph C of Section VI and of paragraphs A, C and D
of Section VII of this Subdivision Control Ordinance,
(c) does not include any territory that is located in
a Special Flood Hazard Area identified as such on the
Flood Insurance Rate Map of the City prepared by the
Federal Insurance Administration, as from time to time
amended, and (d) does not consist of any proposed lots
which might be rendered unbuildable because of the
nature of the soils located thereon.
2. WAIVER PROCEDURE. The owner shall file 30
copies of a proposed preliminary and final plat of
subdivision with the City Clerk which have been
prepared in accordance with the requirements of this
ordinance, together with a title commitment for an
owners title insurance policy as described in Section
VC1 of this Ordinance and a soils map of the territory
sought to be subdivided, and shall then pay to the
City Clerk all fees and deposits required by the
ordinances of the City. Said preliminary and final
plat shall be reviewed by the City Engineer -for
compliance with the requirements for such plats as are
set forth in this Subdivision Control Ordinance. The
owner shall also furnish to the City Engineer such
other information and data as the City Engineer may
from time to time request. The City Engineer shall
submit a written report and recommendation
to the Mayor and City Council for their consideration
and action; if the City Engineer recommends
approval of the preliminary and final plats, the
recommendation shall also contain the City Engineer's
certification that all of the conditions set forth in
this Section have been complied with. If the City
Engineer does not recommend approval of the plats, the
recommendation shall specify in what particular t:he
conditions set forth in this Section have not been
complied with. If the City Council, after
consideration of such request, is of the opinion that
the intent and purpose of the provisions of the
Subdivision Control Ordinance 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.
SECTION 2. Any person, firm or corporation violating
any provision of this ordinance shall be fined not less
than Twenty Five Dollars ($25.00) nor more than Five
Hundred Dollars ($500.00) for each offense committed on
each day during, or on which, a violation occurs or
continues.
SECTION 3. All ordinances, or parts thereof, in
conflict with the terms and provisions hereof, be and the
same are hereby repealed to the extent of such conflict.
SECTION 4. This ordinance shall be published in
pamphlet form by and under the authority of the corporate
authorities of the City of McHenry, Illinois.
SECTION 5. This ordinance shall be in full force and
effect from and after its passage, approval and publication
in pamphlet form, as provided by law.
PASSED this 2nd day of July, 1986.
AYES: Bolger, Lieder, McClatchey, Nolan, Serritella, Smith, Snell, Teta
NAYS : None _
ABSTAINED: None _
ABSENT: None _
NOT VOTING: None
APPROVED this 2nd day of July, 1986.
ATTEST:
CITY CLERK