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HomeMy WebLinkAboutOrdinances - O-81-265 - 07/06/1981 - AMEND SUB CONTROL ORD0-81-265 AN ORDINANCE AMENDING THE SUBDIVISION CONTROL ORDINANCE OF THE CITY OF McHENRY. ILLINOIS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION 1. Sections VIII E 8 (b) and (c) of the Subdivision Control Ordinance of the City of McHenry be and the same are hereby amended to read as follows: (b) Major and secondary streets, and all Federal, State, County, Township and F.A.U. streets and high- ways 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 highway, 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 classifica- tion 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 sidewalks 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. SECTION 2. Section VI C 1 (a) of the Subdivision Control Ordinance of the City of McHenry be and the same is hereby amended by deleting from the first sentence thereof the words "muslin -backed white paper" and sub- stituting therefor the words "reproducible transparencies on either linen or mylar or other film". SECTION 3. Section V G of the Subdivision Control Ordinance of the City of McHenry is hereby amended by changing the introductory and unnumbered paragraph to read as follows: G. Fees and Expenses to Be Reimbursed to City b Subdivider. (Includes Subdivisions Inside and Outside of City Boundaries). Subdividers 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 retained personnel of the City in connection with planning, reviewing, evaluating, advising, approving or accepting any subdivision by the City. SECTION 4. Section X of the Subdivision Control Ordinance of the City of McHenry be and the same is hereby amended to read as follows: "Any person aggrieved by any order, requirement, deci- sion 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 extra -ordinary 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 determina- tion as was made by any administrative official, or to seek relief from compliance with specific provisions of this Ordinance due to the aforesaid extra -ordinary or peculiar hardship or conditions. Following 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 topograph- ical or other physical conditions, or by reversal or modification of the order, requirement, decision, or deter- mination of the administrative 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 permanent records of the City." SECTION 5. Sections VI C (6) (a) (b) and (c) of the Subdivision Control Ordinance of the City of McHenry are hereby amended to read as follows: a. Non -Corporate Owners Certificate STATE OF ILLINOIS) SS. COUNTY OF MCHENRY) 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 thereon 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 speci- fically 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 respective 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 "Easement", "Utility easement", "Drainage ease- ment", or similar words, together with the right to install -2- required service connections 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 Grantees' 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 tenance thereof. Dated this STATE OF ILLINOIS) COUNTY OF ) day of proper operation and main - NOTARY CERTIFICATE SS. Owner 19 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 names 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 thereon 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 speci- fically 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 respective successors and assigns, jointly and severally, to install, operate, maintain and remove, from time to time, facilities used in connection -3- 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 "Easement", "Utility easement", "Drainage ease- ment", or similar words, together with the right to install required service connections 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 Grantees' 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 main- tenance thereof. Dated this day of , 19 (Insert Name of Corporation) By: Its President (Corporate Seal) ATTEST: is Secretary NOTARY CERTIFICATE STATE OF ILLINOIS) SS. COUNTY OF ) I a Notary Public in and for said County in the State aforesaid, do hereby certify that 31 personally known to me to be the President of the Corporation, and 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 affixed 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 -4- C. SURVEYOR'S CERTIFICATE STATE OF ILLINOIS) SS. COUNTY OF MCHENRY) This is to certify that I, , and Illinois Registered Land Surveyor, have surveyed, sub- divided, and platted the following described property, 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 frain or water- course serving a tributary area of six hundred and forty (640) acres or more. Dated at this day of , Illinois, .D., 19 Illinois Registered Surveyor Registration Number SECTION 6. Sections VII C 3 a and b of the Subdivision Control Ordinance of the City of McHenry is hereby amended to read as follows: a. The shape and orientation of lots shall be appropriate for the location of the subdivision and for the type of deve- lopment and use contemplated. b. Lot areas and dimensions shall conform to the require- ments of the Zoning Ordinance, but in no case shall a lot have a depth of less than one hundred ten (110) feet. SECTION 7. Any person, firm or corporation violating any provision of this Ordinance shall be fined not less than Ten Dollars ($10.00) 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 8. 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 9. 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 6th day of July , 1981. AYES: Nolan, Pepping Datzs, Harker, Wieser, Meurer, Serritella NAYS: ABSTAINED: Non ABSENT: APPROV D this 6th day of Jul 1981. APPROVED: c Clerk V' lage resident -5-