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.
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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.
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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.
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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:
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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
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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.
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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