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HomeMy WebLinkAboutOrd 3017 06/17/1980 -29-80 ORDINANCE ~O. 3017 AN ORDINANCE AMENDING SPECIFIED PROVISIONS OF THE DEVELOPMENT CODE WHEREAS, on May 6, 1980 the Village of Mount Prospect entered into an Annexation Agreement by and between The Village of Mount Prospect and American National Bank and Trust Company of Chicagc a national banking associatzon, not individually, but solely as Trustee under a Trust AGreement dated February 10, 1979 and known as Trust No. 45771 .and the beneficiary thereof, Northern Illinois Gas Company, an Illinois corporation, and the Rauenhors Corporation, a Minnesota corporation. WHEREAS, Section Six of the aforesaid Annexation Agreement requi the President and Board of Trustees. to adopt specified amendment to the Development Code of nhe Village of Mount Prospect within sixty ~60) days after the date of said Annexation A~reement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT A~D BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION ONE: Section 16.204B of Article II of Chapter 16 of the Municipal Code of the Village of Mount PrQspect be, and the same is hereby amended by deleting the present language of said Section and substituting new language therefor, which said new language of said Section 16.204B shall hereafter be and read as follows: Section 16.204B. No temporary occupancy permi5 shall be cranted for the use of any building or structure cna parce subject to this Chapter until required sanitary sewer and water service been installed and made ready for servicing the parcel; lots graded; suorm water runoff provided for; until roadways and/or fire lanes providing access ~o the parcel and lots thereof have been paved with the base course of asphalt, as set ouc herein; and until streeu signs have been installed and, except in Industrial Districts under the Village of Moun~ Prospect Zoning Ordinance. side- walks and street lights have been installed. S6ch temporary occupancy certificates shall expm~e six months after the date of their issuance. SECTION TWO: Section 16.508C of Article V of Chapter 16 of the Municipal Code of the Village of Mount Prospect be, and the same is hereby amended by adding the word "final" between "no" and "certificate" and deteting the words, "nor shall any building be occupied" from said Section, so that said Section 16.508C shall hereafter be and read as follows: Section !6.508C. No final certificate of occupancy shall be zssued by the Director of COmmunity Development unnil final acceptance of.the public zmprovements servzcinc such bui!dinq ~s made by the President and Board of ?rustee~ of the Village. 2 - SECTION THREE: The first 'paragraph of Section 16.202 of Article II of Chapter 16 of the Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended.by deleting the language "Planning commissiOn and has been reviewed and approved by the Presiden~ and Board of Trustees o'f the Village" as it appears in the first paragraph of said Section and substituting therefor the language "Director of Community Development," and adding to said first paragraph of said Section after the word "reViewed" as such word appears in said first paragraph of said Section, the words "and approved," so that the first paragraph of said Section 16.202 Shall hereafter be and read as follows: Section 16.202. Prohibition of.Development. No person shall commence or cause to be commenced any of~ the follow- ing developments within the corporate limits of the Village unless a development plan has been reviewed and approved .by.the Director of Community Development. SECTION FOUR: Section 16.302 of Article III of Chapter 16 of th Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended by deleting the present language of said Section and substituting new language therefor, so that said Section 16.302 shall hereafter be and read as follows: Section 16.302. Preliminary Plat or Plan Approval. No person.shall~ subdivide any parcel of land until a pre- liminary subdivision plat shall have been reviewed and approved by the President and Board of-Trustees as set forth herein and no person shall develop any parcel of land until a preliminary development plan shall have been reviewed and approved by the Director of Community Development as herein provided, provided that at the time of concept plan approval the Planning Commission may authorize the simultaneous filing of an application for preliminary and final subdivision plat or preliminary and final develop- ment plan approvals without compliance with separate pro- cedures in particular cases where the nature and scope of subdivision or development proposed does not require separate review procedures. ~ECTION FIVE: Section 16.305 of Article Iii of~Chapter 16 of the Municipal Code of the Village of MOunt Prospect be, and the same is hereby, amended by deleting the present'language of said Section and substituting new language therefor, so that said Section.16.305 shall hereafter be and read as follows: Section 16.305. Review of Preliminary Plat or Plan. Upon · receipt cf all the material required under Section 16.303 or Section i6.304 for the preliminary plat or plan, the Department of community Development shall circulate the preliminary plat or plan, as the case may be, to the Vil- lage Clerk for distribution as required. The Village Clerk shall place any requests for preliminary plat approval on the Planning Com- mission's agenda and shall serve notice upon the applicant of the time and place of its meet- ing at which said matter will be discussed. The Planning Commission shall forward its written report to the President and Board of Trustees recommending approval or disapproval of the pre- liminary plat within ninety (90) days from the date of the filing of a complete application. 3 If the recommendation is to disapprove, the report shall set forth the reasons for its dis- approval and specify with particularity the aspects in which the proposed plat fails to meet the standards of Section 16.316 hereof. The Village Clerk shall serve written notice upon the applicant of the date that an application for preliminary plan approval has been received by th. Director of Community Development for review and of the time, date and place when the applicant meet with the Director of Community Development discuss the matter. The Director of Community Development shall review and approye or disapprov such preliminary plan in a written report within ninety (90) days after the date said Director receives a complete application. If the Director of Community Development disapproves such plan, report shall set forth the reasons for such dis- approval and shall specify with particularity the aspects'in which the proposed plan fails to meet the standards of Section 16.317 hereof. SECTION SIX: Section 16.306 of ~rticle III of Chapter 16 of the Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended by deleting the words "or plan" wherever such words appear in said Section, by deleting the language "or Section 16.317" as it appears in said Section and by deleting word "Article" as it appears in said Section and substituting word "Chapter" therefor, so that said Section 16.306 shall here- after be and read as follows.: Section 16.306. Board Review of Preliminary Plat. The President and Board of Trustees by motion shall accept or reject the preliminary plat within thirty (30) days after its next regularly scheduled meeting following the date of the written report of the Planning Commission. If it rejects the plat, the motion shall set forth the reasons for its disapproval and specify with particularity the aspects in which the proposed plat fails to meet the standards of Section 16.316 of this Chapter. SECTION SEVEN: Section 16.307 of Article III of Chapter~16 of the Municipal Code of the Village of Mount Prospect (the "Development Code") be, and the same is hereby, amended by deleting the language "as the case may be" as such word's appear in said Section and adding thereto the language "and approval of the preliminary plan by the Director of Community Development so that said Section 16.307 shall hereafter be and read as Section 16.307. Effect of Approval of Preliminary Plat or Plan. Approval of the preliminary plat by the and Board of Trustees and approval of the preliminary plan by the Director Of Community Development, shall not qualify the plat or plan for recording, but shall be considered permission to prepare the final plat or plan with detailed plans and specifications for the proposed subdivision or development. Such preliminary approval shall be effective for no more than one year from the date of approval unless, ~upon application of the applicant the President and Board of Trustees grant an extension of time for an additional one year. 4 - SECTION EIGHT: Section 16.308 of Article III of Chapter !f of the Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended by deleting the words "or plan" as they appear in said Section, so that said Section 16.308 shall nereafter be and read as follows: Section 16.308. Village Record. A certified copy of the motion approving or disapproving the preliminary plat be filed in the office of the Village Clerk attached to said preliminary plat. SECTION NI~E: Section 16..309C of Article III of Chapter 16 of the Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended by deleting the words "or plan~' as they appear in said Section and adding thereto the language "and the Director of Community Development shall not act upon a final plan'~ and "or ~Se Director of Community' Development," so that said Section i6.3aSC.shal! hereafter be and read as fellows: Section 16.309C. The Planning Commission shall not act upon the final plat and the Director of Community Develop- ment shall not act upon a final plan until the engineering drawings have been reviewed by the Village Engineer and a report of compliance or non~comp!iance has been received by ~he Planning Commission or the Director of CoMmunity Development. SECTION TEN: Section 16.310 of Article III of Chapter 16 of th~ ~nicipal Code of the Viilage of Mount Prospect be, and the is hereby, amended by deleting the present ianguage of said Section and substituting new languaqe therefor, which said Sect~ 16.310 shall thereafter be and read as follows: Section 1'6.310. Final Plat or' Plan Approval. No person shall subdivide any parcel of land unti a final plat therefor shall have been reviewed by the Planning Commission and reviewed and approved by the President and Board of Trustees as set forth herein. No per~on shall develop any parcel of land until a final plan therefor shall have been revzewed and approved by the Director of Community Develop- ment. SECTION ELEVEN: The first paragraph of Section 16.312 of Article III of Chapter l~.of the Municipal_ Code of the V~]a~=___ ~ Mount' Prospect be, and the same is hereby, amended by deleting the lancuace,~ ~ "~he President and Board of ~ns~s,~== " ant' "Building Department:' as such appear in said first paragraph of Section 16.312 and substituting therefor, respectively, the language "the Director of Com~unity ue~el.~pme ..... " =N~ "Depart- ment Of Community Development," so that the first paragraph of said Section i6.312 shall hereafter be and read as foi!cws: Section 16.312. Contents of Final Deve!cPment Plan. Wi~h~ one year after receiving preliminary developmen~ plan approval'by the Director of Community Deve!cpment, the applicant shall file with the Department of Community Development a final development plan in a quantisy and as required by said Department. 'The'final development plan shall include the following: 5 - SECTION TWELVE: Section 16.312A13 of Article III of Chapter 16 ~f the Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended by deleting said Section in its entirety. SECTION THIRTEEN: Section 16.312A14 of Article III of Chapter 1 of the Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended by renumbering said Section as Sec- tion 16.3i2A!3 and deleting the present language of said Section and substituting new language therefor, so that said Section renumbered from Section 16.312A!4 to Section 312A13 shall here- after be and read as follows: Section 16.312~13. The following form for the approval of ~he Director of Community Development: State of Illinois ) ) SS County of C 0 0 K ) Approved by the Director of Community Development of the Village of Mount Prospect, Cook County, Illinois this day of , 19 Diredtor of Community De%elopment ECTION FOURTEEN: Section 16.313 of Article III of Chapter 16 f the Municipal Code of the Village of Mount Prospect be, and he same is hereby, amended by deleting the present language of aid Section 16.313 and substituting new language therefor, so hat .said Section 16.313 shall hereafter be and read as follows: Section 16.313. Review of Final Plat or Plan. Upon receipt of the complete final plat or plan, the Department of Community Development shall circulate the final plat or plan among various Village departments for their review and comment. The Planning Commission shall place consideration of the final plat on its agenda and serve notice upon the applicant of the time and place of its meeting at which said matter will be discussed. The Planning Coramission shall forward its written report to the President and Board of Trustees recommending approval or disapproval of the final plat. If the recommendation ms to disapprove, the report shall set forth the reasons for its dis- approval, specifying with particularity the manner in which the proposed plat fails to meet the standards of Seotion 16.316 of this Chapter. Be The Director of Community Development shall serve written notice on the applicant for final plan approval Of the date, time and place when the applicant may meet with the Director of community Development to discuss the matter. The Director of Community Devel.opment shall review and approve or disapprove such final plan'in a written report within slxuy (60) days after the date said Director receives a complete application. If the Director 6 - of Community Development disapproves such plan, the report shall set forth the reasons for such disapproval and shall specify with particularity the aspects in which the proposed plan fails to meet the standards of Section 16.317 of this Chapter. ;ECTION FIFTEEN: Section 16.314 of Article III of Chapter 16 ~f the Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended by deleting therefrom the language "or plan" wherever it appears in said Section and by deleting therefrom the language "and Section 16.317" as such language ~ppears in said Section, so that said Section 16.314 shall hereafter be and read as follows: Section 16.314. Action by the Board of Trustees. After receiving the final recommendation of the Planning Commis- Sion, the President and Board of Trustees shall approve or disapprove the final plat within sixty (60) days from the date of filing of the complete application with the Depart- ment of Community Development unless the applicant and the President and Board of Trustees agree to extend the sixty (60) day period. If the final plat is disapproved, the motion shall state the reasons for the'disapproval, speci- fying with particularity the aspects in which the final plat fails to meet ~he standards of Section 16.316. !~ECTION SIXTEEN: Section 16.315 of Article III of Chapter 16 of t~he Municipal Code of the Village of Mount Prospect be, and the li~ame is hereby, amended by deleting the language, "or plan" ?¢herever it appears in.said Section, so that said Section 16.315 i~hall hereafter be and.read as follows: Section 16.315. Village Record. A certified copy of the motion approving or disapproving the final plat shall be filed in the office of the Village Clerk attached to said final plat. The approved final subdivision plat together with all covenants and restrictions shall be recorded by the village Clerk in the Office of the Cook County Recorder of Deeds or in the office of the Registrar of~ Titles of Cook County, Illinois, as the case may be. All recording fees shall be paid by the applicant. iECTION SEVENTEEN: The language of ~he first paragraph of Sectio [6.317 of Article III of Chapter 16 of the' Municipal Code of the fillage of Mount ProsPeCt be, and the same is hereby, deleted and lew language substituted therefor, so that said first paragraph )f Section 16.317 shall hereafter be and read as follows: Section 16.317. Standards for Review of Development Plan. The'Director of Community Development shall approve a pre- timinary or final development plan, unl'ess the Director makes written findings specifying the manner in which: ECTION EIGHTEEN: The language of the last paragraph of 16.317 of Article III of Chapter 16 of the Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended k deleting the language "Planning Commission and the President and Board of Trustees" and'substituting therefor the language. "Director of Community Development," so that the last paragraph of said Section 16.317 shall hereafter be and read as follows: Section 16~317. If any of the foregoing standards are cite as justification for disapproving a development plan, the Director of Community Development shall specify the manner ~in which the development plan could be modified to.avoid th~ · specified deficiency or shall state the reasons why the specified deficiency cannot be avoided consistent with applicant's objectives. SECTION NINETEEN: Section 16.318 of Article III of Chapter 16 of the MunfCipal Code of the Village of Mount Prospect be, and the same is hereby, amended by renumbering said Section as Sec- tion 16.319. SECTION TWENTY: Article III of Chapter 16 of the Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended by adding thereto a ne%~ Section 16.318, which said new Section 16.318 shall hereafter be'and read as follows: Section 16.318. Appeals from Decisions on Preliminary-and Final Plans. An applicant for preliminary or final plan approval may appeal to the President and Board of Trustees any decision of the Director of Community Develop- ment to disapprove such preliminary or final plan by filing a notice of appeal with the Villaae Clerk and with the Director of Community Development within ten Il01 days after receipt of said Director written report indicating disapproval of such pre- liminary or final plan. Said notice of appeal must specify the portion or portions of t.he Director's decision appealed from and must specify the grounds for such appeal. Upon receipt of said notice of a~peal, the Director of Community Development shall forwith transmit to the Village Clerk all of the documents constituting the records upon which the decision from which the appeal has been taken was made. Upon receipt of said notice of appeal~ the Village Clerk shall forwith place the ~consideration of the notice of appeal and matters relevan5 thereto on the agenda of a regularly scheduled meeting of the President and B6ard of Trustees. The President and Board of Trustees may reverse or affirm, in whole or in part, or may modify, the decision from which the appeal was taken, provided, however~ that the President and Board of Trustees shall kase its decision on the standards se~ forth in Section !6.317~of this Chapter and further pro- vided that in deciding such appeal the President and Board of Trustees shall have all the powers of the Director of Community Development under this Chapter. 8 SECTION TWENTY-ONE: The Preamble to Article IV of Chapter 16 0f the Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended by deleting the language "or plan" as it appears in said Preamble and adding ~o said Preamble the languag~ "and the Director of Community Development to require as a condi- tion of approval of any final plan," so that said Preamble shall hereafter be and read as follows: Preamble: This Article authorizes the Planning Commission to recommend and the President and Board of Trustees to require as a condition of approval of any final plat and the Director of Community Development to require as a condi- tion of approval of any final plan that certain public improvements be provided or installed on or adjacent to the parcel. It establishes specifications to be followed in the design and installation of those improvements. ~ECTION TWeNTY-TWO: Section 16.401 of Article IV of Chapter 16 of the Municipal Code of the Village of Mount Prospect be, and% the same is hereby, amended by deleting from said Section the language "or plan" as it appears in said Section and adding to ~aid Section the language "and the Director of Community Develop- ~ent may require that as a condition of approval of any final pla 3o that said Section 16.401 shall hereafter be and read as follow Section 16.401. General Authority. In order to ensure the orderly development and improvement of land within the jurisdiction of the Village, to ensure the provision of vehicular and pedestrian circulation-ways, utilities, ser- vices and facilities necessary and desirable for the citi- zens Of Mount Prospect, to protect and enhance the value of public and private property, the Planning Commission may recommend and the President and Board of Trustees may requir that as a condition of approval of any final plat and the Director of Community Development may require that as a condition of approval of any final plan subject to this Chapter, that certain improvements set forth in this Article shall be provided and that certain design standards and improvement specifications be followed. Only those improvements which are specifically and uniquely attributabl~ to the impact to be generated by the subdivision or develop- ment of a parcel may be required hereUnder. .ECTiON ~ENTY-THREE: This Ordinance shall be in full force and ~ffect from and after its passage, approval and publication in .he manner provided by law. ~assed this l?th day of June , 1980. YES: Farley, Floros, Miller, Muruaskis, Richardson, Wattenberg AYS: None BSENT: None pproved this 17th day of June , 1980. Approved: htest:~ , Village Clerk Zitlage President