HomeMy WebLinkAboutOrdinances - O-81-261 - 05/04/1981 - AMEND SUB CONTROL ORD0-81-261
AN ORDINANCE AMENDING THE
SUBDIVISION CONTROL ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, COUNTY
OF McHENRY, ILLINOIS, as follows:
SECTION 1. Section VIII D 2(b) of the Subdivision Control Ordinance of
the City of McHenry be and the same is hereby amended to read as follows:
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
specifications 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
approved by the Mayor and City Council.
The foregoing completion dates may be extended by the
Mayor and 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.
SECTION 2. Section V E of the Subdivision Control Ordinance of the City
of McHenry be and the same is hereby amended to read as follows:
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
required subdivision improvements prior to the approval of
the final plat, after both the preliminary plat and plans
and specifications 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), construct 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 condi-
tions 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 subdivision 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 of the Recorder 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 itemized 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 subdivider. 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 improvements 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.
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 Council upon subdivider's prior com-
pliance 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% 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 inspected 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 practise.
(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.
SECTION 3. This ordinance shall be published in pamphlet form by and
under the authority of the corporate authorities of the City of McHenry,
Illinois.
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SECTION 4. 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 4th day of
, 1981 .
AYES: Pepping, Nolan, Harker, Datz, Wieser, Adams, Meurer, Serritella
NAYS: None
ABSENT: None
APPROVED this 4thday of May , 1981.
ATTEST:
1
i
AYOR
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