HomeMy WebLinkAboutORDINANCES-2011-031-O-11Effective Date: May 25, 2011 4/8/2011
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AN ORDINANCE
Amending Section 4-13-1 of the City Code,
"Approval of Plats"
WHEREAS, the City of Evanston is a home -rule municipality pursuant to
Article VII of the Illinois Constitution of 1970; and
WHEREAS, as a home rule unit of government, the City has the authority
to adopt ordinances and to promulgate rules and regulations that protect the public
health, safety, and welfare of its residents; and
WHEREAS, the power to regulate development and land use is a legitimate
means of promoting the public health, safety, and welfare; and
WHEREAS, the regulation of plats is a legitimate and frequently -utilized
means of regulating development and land use; and
WHEREAS, the City of Evanston, has, pursuant to its home rule authority,
adopted platting regulations, codified as Section 4-13-1 of the Evanston City Code of
1979, as amended (the "City Code"); and
WHEREAS, at its meeting of April 25, 2011, the Planning and
Development Committee ("P&D Committee") of the City Council considered
amendments to Section 4-13-1 of the City Code and recommended City Council
approval thereof; and
WHEREAS, at its meeting of May 9, 2011, the City Council considered
0 and adopted the records and recommendations of the P&D Committee,
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE City OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are found as fact and
incorporated herein by reference.
SECTION 2: That Section 4-13-1 of the City Code is hereby amended to
read as follows:
4-13-1: APPROVAL OF PLATS:
(A) Issuance of Building Permits: No building permit shall be issued nor shall any
construction be undertaken on any lot or parcel of land within the City unless
such lot or parcel is shown, in its entirety, on a plat of subdivision recorded in the
office of the Cook County Recorder of Deeds.
(B) City Council Approval: Any new map, plat, subdivision, consolidation or re -
subdivision of any block, lot, sublot or part thereof, or any piece or parcel of land
shall, before recording the same, be submitted to the City Council for its approval
by resolution. Each map, plat, subdivision, consolidation or re -subdivision so
submitted shall be accompanied by a report of the Directors of Public Works and
Utilities, describing the public improvements available or required to serve the
parcels shown on such map, plat, subdivision, consolidation or re -subdivision.
No such map, plat, subdivision, consolidation or re -subdivision shall be approved
by the City Council unless it conforms with all the applicable ordinances of the
City. The City Council may condition any such approval on any/all of the
following that it determines is applicable:
1. the applicant's dedication to the City of any land required for public
streets, alleyways, and/or other rights -of -way identified in the report of the
Directors of Public Works and Utilities;
2. the applicant's granting of easements to the City for all required public
utilities infrastructure, including, but not limited to, water and sewer mains,
that must be located on applicant's property, as identified in the report of
the Directors of Public Works and Utilities;
3. the applicant's execution of a development agreement, in form and
content approved by the City, wherein he/she commits to construct,
pursuant to City -issued permits, all required public improvements
identified in the report of the Directors of Public Works and Utilities, and to
transfer ownership of said public improvements to the City after their
construction;
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4. the applicant's submission to the City of a cash bond or other security in
accord with 65 ILCS 5/11-39-3, as amended, in an amount equal to one
hundred ten percent (110%) of the estimated costs of any required public
improvements identified in the report of the Directors of Public Works and
Utilities, to ensure their construction. Should the bond or other security
become due to expire, and the Applicant fail to submit a replacement to
the City at least fourteen (14) days prior to the expiration date thereof, the
City may draw on said bond or security in accordance with the terms
thereof, and use the funds drawn to complete the construction of the
aforementioned required public improvements;
5. the applicant's recordation, in the office of the Cook County Recorder of
Deeds, of the resolution approving the submitted map, plat, subdivision,
consolidation and/or re -subdivision, along with all exhibits thereto.
Should any resolution approving a map, plat, subdivision, consolidation and/or
re -subdivision require the applicant to dedicate land to the City, grant the City an
easement(s), and/or construct and transfer ownership of public improvements to
the City, the City may accept said dedication(s) of land, easement(s), and/or
ownership of public improvements by ordinance(s).
(C) Survey Prerequisite; Owner's Responsibility: No plat, map or subdivision of
is any block, lot, sublot or part thereof, or any piece or parcel of land shall be
approved by the City Council until the same shall be properly certified by a
surveyor and acknowledged by the owner as provided by the general laws of the
State of Illinois; and until the owner shall swear or affirm that he/she is the owner
in fee of the property described in such plat; and until the same shall have been
approved by the Director of Public Works, Director of Utilities, City Attorney and
Director of Community and Economic Development.
SECTION 3: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 4: That if any provision of this ordinance or application thereof
to any person or circumstance is held unconstitutional or otherwise invalid, such
invalidity shall not affect other provisions or applications of this Title that can be given
effect without the invalid application or provision, and each invalid provision or invalid
• application of this ordinance is severable.
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SECTION 5: That this ordinance shall be in full force and effect from
and after its passage, approval and publication in the manner provided by law.
Introduced: �� , 2011 Approved:
Adopted: , 2011 l ( , 2011
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Eli *eth B. Tisdahl, Mayor
Attest: Approved as to form:
Red. -eey Greer , City Clerk W. Grant Farrar, City Attorney
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