HomeMy WebLinkAboutOrdinances - ORD-18-1895 - 09/24/2018 - Subdivision Ordinance AmendmentCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance No. ORD-18-1895
An Ordinance Amending Section 8, Developer Donations, of the City of McHenry's
Subdivision Ordinance
Adopted by the
Mayor and City Council
of the
City of McHenry
McHenry County
State of Illinois
September 24, 2018
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 24th day of September, 2018.
ORDINANCE NO.ORD-18-1895
An Ordinance Amending Section 8, Developer Donations, of the
City of McHenry's Subdivision Ordinance
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage
of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in
the Constitution of the State of Illinois;
WHEREAS, there are multiple platted subdivisions within the City, which are zoned for
single-family detached housing, and which are only partially built out;
WHEREAS, the cost of maintaining the private infrastructure or common areas within these
subdivisions falls disproportionately on City residents within those subdivisions, due to
disproportionate homeowners' association assessments;
WHEREAS, owners of vacant lots under Illinois law are assessed at a lower rate than owners
of built -upon lots leading to less property taxes for school districts as platted lots remain vacant for
years at a time;
WHEREAS, the City has an interest in building out its unfinished subdivisions and in
incentivizing owners of vacant lots within these subdivisions to build houses to assist such
homeowners facing disproportionate assessments and to assist school districts;
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: Section 8, Developer Donations, of the City's Subdivision Ordinance shall be
amended by adding subsection 8.12, Temporary Rate Reduction, as follows:
8.12 Option for Reduced and Prepaid Fees.
Any fees relating to detached single family homes which a developer or owner may elect
or be required to pay under this Section 8 shall be considered paid in full if the developer
or owner pays 50% of the required amount; however, this shall only pertain to permits
received and date -stamped by the City prior to September 24, 2019 regarding lots already
platted in a partially completed singly family detached housing subdivision on the date of
this amendment (each such lot being referred to herein as a `Benefitted Lot").
Further, prior to September 24, 2019, the owner of a Benefitted Lot at the time of this
amendment to the Code shall be entitled to pre -pay any fee within Section 8 of this
Ordinance before submitting a permit application, provided that the fee is calculated on
the basis of a four -bedroom detached single family home.
If the fee has been prepaid and there is a building permit for any structure other than a
detached single-family home, the prepaid amount shall be considered a partial payment,
not payment in full of the relevant fees.
Notwithstanding anything in this section to the contrary, the rate reduction shall expire on
September 24, 2019, and shall only apply to Benefitted Lots.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and
continue in full force and effect.
SECTION 3 : All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Voting: 6-Ayes: Alderwoman Condon, Alderman Devine, Alderman Mihevc, Alderman Curry,
Alderman Schaefer, Alderman Santi.
Voting: I m Nay: Alderman Glab
Absent: 0
Abstain:0
(SEAL)
ATTEST:
APPROVED:
Deputy Clerk Debra Meadows
Passed: � } D m h e c O L� a u f 4�
Approved: _> %NTH t (� IN�A lI � IL e-2 (z I J n / ��
CERTIFICATION
I, DEBRA MEADOWS, do hereby certify that I am the duly appointed, acting and qualified
Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Deputy Clerk, I
am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of
McHenry.
I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of
McHenry, held on the 24th day of September 2018, the foregoing Ordinance entitled An Ordinance
Amending Section 8, Developer Donations, of the City of McHenry Is Subdivision Ordinance, was
duly passed by the City Council of the City of McHenry.
The pamphlet form of Ordinance No. ORD-18-18951 including the Ordinance and a cover
sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing
on the 25th day of September 2018, and will continue for at least 10 days thereafter. Copies of such
Ordinance are also available for public inspection upon request in the office of the City Clerk.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful custodian
and keeper of the same.
GIVEN under my hand and seal this ;,� �/� day of .� �.1 U ,�� y ,�` 2018.
Meadows, Deputy Clerk
City of McHenry,
McHenry County, Illinois
(SEAL)