Loading...
Ordinance 2000-02 Subdivision Ordinance UNITED CITY OF YORKVILLE SUBDIVISION CONTROL ORDINANCE THE UNITED CITY OF YORKVILLE Ordinance No. ol=-a. Date Adopted �> 1 Subdivision Ordinance YORKVILLE SUBDIVISION ORDINANCE Section 1.00 TITLE 2.00 INTENT & PURPOSE 3.00 GENERAL PROVISIONS 3.01 Jurisdiction 3.02 Interpretation 3.03 Separability 3.04 Rules 4.00 DEFINITIONS 5.00 PROCEDURE FOR SUBMISSION OF SUBDIVISION PLAT 5.01 Pre-application Conference 5.02 Concept Plan 5.03 Preliminary Plan 5.04 Final Plan 6.00 REQUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS AND PLATS 6.01 Pre-application Conference Plan 6.02 Preliminary Plan 6.03 Final Plan 7.00 DESIGN STANDARDS 7.01 General 7.02 Public Sites and Open Spaces 7.03 Streets 7.04 Half Streets 7.05 Alleys 7.06 Street Jogs 7.07 Street Intersections 7.08 Block 7.09 Lots 7.10 Easements 2 Subdivision Ordinance YORKVILLE SUBDIVISION ORDINANCE (Continued) 8.00 REQUIRED IMPROVEMENTS 8.01 Improvement Requirements Prior to Filing Final Plat 8.02 Subdivision Securities 8.03 Construction Warranty 8.04 Procedure 8.05 Streets 8.06 Sidewalks 8.07 Street Lighting 8.08 Signage, Guard Rails and Landscaping 8.09 Storm Water Drainage 8.10 Sanitary Sewer System 8.11 Water System 8.12 Oversizing of Utilities 9.00 ADMINISTRATION 9.01 Building Permit 9.02 Certificate of Occupancy 9.03 Variations 10.00 AMENDMENTS 10.01 Initiation of Amendment 10.02 Processing Application for Amendment 10.03 Decisions 11.00 FEE SCHEDULE 11.01 Final Plat 11.02 Amendment 12:00 VIOLATION, PENALTY & ENFORCEMENT 13.00 WHEN EFFECTIVE Exhibit 1 Standard Specifications for Improvements 3&X o-r by th&C%ty c&u.n of the,u nWedl C Xy of Yo--lwalex, That the/sa&UVi,S�Co-,t-ro,�or � paMe a t&app rove&by the,C ity C oj�of th.4el u n tedi C Xy York vatel o-w the,-------- clay of -------------------------------- ak Pan-eq aR4,Ldy , Lv/ 3 Subdivision Ordinance SECTION 1.00 - TITLE This Ordinance shall hereafter be known, cited and referred to as the Yorkville Subdivision Ordinance. SECTION 2.00 - INTENT AND PURPOSE The regulations of this ordinance are adopted: To protect the interests of the land owner, the investor in land, the homeowner, and the municipal unit: To conserve, protect, and enhance property and property values; to secure the most efficient use of land; and to facilitate the provisions of public improvements: To provide for orderly growth and development; to afford adequate facilities for the safe and efficient means for traffic circulation of the public; and to safeguard the public against flood damage: To prescribe reasonable rules and regulations governing the subdivision and platting of land; the preparation of plats; the location, width and course of streets and highways; the installation of utilities, street pavements, and other essential improvements; and the provision of necessary public grounds for schools, parks, playgrounds, and other public open space: To establish procedures for the submission, approval and recording of plats; to provide the means for enforcement of the ordinance and to provide penalties for violations. SECTION 3.00 - GENERAL PROVISIONS 3.01 JURISDICTION This Ordinance shall apply to all subdivision of land within the incorporated limits of the City of Yorkville and within its contiguous territory, but not more than one and one-half miles beyond the incorporated limits of the United City of Yorkville. 3.02 INTERPRETATION 4 Subdivision Ordinance 3.02.01 Minimum Requirements. The provisions of this Ordinance shall be held to be the minimum requirements for the promotion of public health, safety and welfare. 3.02.02 Relationship With Other Laws. Where the conditions imposed by any pro- vision of this Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other ordinance, law, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern. 3.02.03 Effect On Existing Agreement. This Ordinance is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this Ordinance are more restrictive (or impose higher stands or requirements) than such easements, covenants or other private agreements, the requirements of this Ordinance shall govern. 3.02.04 The Standard Specifications for Improvements shall be hereby included and made a part of this subdivision control ordinance in its entirety. 3.03 SEPARABILITY Should any section, subsection, clause or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared to be invalid. 3.04 RULES In the construction of this Ordinance, the rules contained herein shall be observed and applied, except when the context clearly indicates otherwise: 1. Words used in the present tense shall include the future, and words used in the singular number shall include the plural number, and the plural shall include the singular. 2. The word "shall" is mandatory and not discretionary. 3. The word "may" is permissive. 4. The masculine gender includes the feminine and neuter. SECTION 4.00 - DEFINITIONS The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined. Alley. A public right-of-way primarily designed to serve as secondary access to 5 4 Subdivision Ordinance the side or rear of properties whose principal frontage is on some other street. Block. A tract of land bounded by streets, or by a combination of streets, railway right-of-ways or waterways. Building Setback Line. A line across a lot or parcel of land establishing the minimum open space to be provided between the line of a building or structure and the lot line of the lot or parcel. City: The Mayor and City Council of the United City of Yorkville, Illinois Crosswalk. Crosswalk shall mean a strip of land 10' or more in width, dedicated to public use, which is reserved across a block to provide pedestrian access to adjacent areas, and may include utilities where necessary. Cul-de-sac. Cul-de-sac shall mean a street having only one outlet and an approp- riate terminal for the reversal of traffic movement, without the need to back up. Dead-end Street. A street having only one outlet. Density, Gross. A numerical value obtained by dividing the total dwelling units in a development by the gross area of the tract of land upon which the dwelling units are located. Density, Net. A numerical value obtained by dividing the total dwelling units in a development by the total area of the development less rights-of-way, parks, stormwater management areas, and all other non-residential uses. Development: Any man-made change to real estate, including: a) Preparation of a plat of subdivision; b) Construction, reconstruction or placement of a building or any addition to a building; c) Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days; d) Construction of roads, bridges, or similar projects; e) Redevelopment of a site; f) Filling, dredging, grading, clearing, excavating, paving, or other non-agricultural alterations of the ground surface; g) Storage of materials or deposit of solid or liquid waste; h) Any other activity that might alter the magnitude, frequency, deviation, direction, or velocity of stormwater flows from a property. Easement. Easement shall mean a grant by a property owner for the use of a 6 { Subdivision Ordinance parcel of land by the general public, a corporation, or a certain person or persons for a specific purpose or purposes. Eyebrow Cul-de-sac: A cul-de-sac whose center radius point is less than 80 feet from the centerline of the intersecting cross street. Floodplain: That land adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. The floodplain is also known as the Special Flood Hazard Area(SFHA). Frontage. The property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street; or with a dead end street, all property abutting one side of such street measured from the nearest intersecting street and the end of the dead end street. Frontage Road. A public or private marginal access road-way generally paralleling and contiguous to a street or highway and designed to promote safety by eliminating unlimited ingress and egress to such street or highway by providing points of ingress and egress at more-or-less uniformly spaced intervals. Half-street. A street bordering one or more property lines of a subdivision tract to which the subdivider has allocated only a portion of the ultimate and intended street width. IDOT: Illinois Department of Transportation Improvement Plans: The drawing of all required land improvements prepared by an Illinois Registered Professional Engineer and all accompanying information as required by the ordinance. Improvements. All facilities constructed or erected by a subdivider within a subdivision to permit and facilitate the use of lots or blocks for a principal residential, business or manufacturing purpose. Land Improvement: All required on-site and off-site subdivision improvements including but not limited to any sanitary sewage system, water distribution system, storm drainage systems, public utility systems, sidewalk systems, public or private streets, street lighting, street signs, grading and drainageway facilities, pedestrian ways, and retention and detention basins. Lot: A portion of a subdivision or other parcel of land intended for transfer of ownership, or for building developments. Lot Depth. The distance between the midpoint of the front lot line and the midpoint of the rear lot line. 7 f Subdivision Ordinance Lot, Double Frontage. A lot, two opposite lot lines of which abut upon streets which are more or less parallel. Lot Line. A boundary line of a lot. Lot Width. The distance on a horizontal plane between the side lot lines of a lot, measured at right angles to the line establishing the lot depth at the established building setback line. Parcel. The word parcel shall refer broadly to a lot, tract, or any other piece of land. Parkway: A strip of land situated within the dedicated street right-of-way, and (1) located between the roadway and right-of-way line or(2) a median located between the roadways. Parking Lot: An area permanently reserved and/or used for the temporary storage of motor vehicles. Plan, Concept: A tentative map or drawing which indicates the subdivider's proposed layout of a subdivision, including a site plan indicating existing off-site roadway connections. Plan, Final: The final plat plus all accompanying information required by this ordinance. Plan, Preliminary: The preliminary plat plus all accompanying information required by this ordinance. Planned Unit Development: Parcel of land or contiguous parcels of land in single ownership or unified control, to be developed as a single entity, the character of which is compatible with adjacent parcels, and the intent of the zoning district in which it is located; the developer may be granted relief from specific land use regulations and design standards in return for assurances of an overall quality of development, including any specific features which will be of benefit to the City as a whole and would not otherwise be required by the City Ordinances. Plat. A subdivision as it is represented as a formal document by drawing and writing. Plat, Final: The final map drawing or chart on which the subdivider's layout of a subdivision is presented to the City Council for approval and which, if approved, will be submitted to the County Recorder for recording. 8 1 Subdivision Ordinance Plat, Preliminary: A tentative map or drawing which indicates the subdivider's proposed layout of a subdivision including all proposed improvements. Re-subdivision. The subdivision of a tract of land which has previously been lawfully subdivided and a plat of such prior subdivision duly recorded. Right-of-Way. A strip of land occupied or intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, or for another special use. The usage of the term "right-of-way" for land platting purposes in the city of Yorkville shall mean that every right-of-way hereafter established and shown on a final recorded plat is to be separate and distinct from the lots or parcels adjoining such right-of-way, and not included within the dimensions or areas of such lots or parcels. Rights-of-way intended for roads, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right-of-way is established. Roadway. The paved portion of the street available for vehicular traffic. Service Drive. A public street, generally paralleling and contiguous to a main traveled way, primarily designed to promote safety by eliminating promiscuous ingress and egress to the right-of-way, and providing safe and orderly points of access at fairly uniformly spaced intervals. Sewage Disposal System, Individual. A sewage disposal system or any other sewage treatment device approved by the Kendall County Department of Public Health, and servicing only one lot. Sewage Disposal System, Central. A system of sanitary sewers, serving ten or more lots that discharge either into an interceptor sewer or an approved sewage treatment plant. Sidewalk. That portion of street or crosswalk way, paved or otherwise surfaced, intended for pedestrian use only. Street. A public or private right-of-way which affords a primary means of access to abutting properties, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but excepting driveways to buildings. 9 Subdivision Ordinance Street, Half. A street bordering one or more property lines of a tract of land in which the subdivider has allocated but part of the ultimate right-of-way width. Street, Marginal Access. A minor street which is parallel to and adjacent to a thoroughfare, and which provides access to abutting properties and protection from through traffic. Street, Estate Residential: A street of limited continuity used for access to abutting rural residential properties and local needs of neighborhood. This street carries less than 1000 ADT. Street, Local Residential: A street of limited continuity used primarily for access to abutting properties and local needs of a neighborhood. This street carries less than 1000 ADT. Street, Major Collector. A street which serves as a main traffic thoroughfare, both within and outside of the city, carrying heavy volumes of traffic. This street carries more than 2500 ADT. Street, Minor Collector. A street which collects and distributes, traffic within intensively developed areas and is used primarily for internal trips within the planning area. This street carries between 1000 and 2500 ADT. Street Width. The shortest distance between the backs of the curb or edge of pavement of a roadway. Subdivider. Any person or corporation or duly authorized agent who undertakes the subdivision or development of land as defined herein. Also referred to as Developer. Subdivision. A described tract of land which is to be, or has been, divided into two or more lots or parcels. The term subdivision includes re-subdivision and, where it is appropriate to the context, relates to the process of subdividing or to the land subdivided. For the purpose of this manual, however, the requirements contained herein shall not apply, and no plat is required, in any of the following instances: 1. The division or subdivision of land into parcels or tracts of 5 acres or more in size which does not involve any new streets or easements of access; 2. The division of lots or blocks of less than 1 acre, in any recorded subdivision, which does not involve any new streets or easements of access; 3. The sale or exchange of parcels of land between owners of adjoining and contiguous land; 10 Subdivision Ordinance 4. The conveyance of parcels of land or interests therein for use as right-of-way for railroads or other public utility facilities which does not involve any new streets or easements of access; 5. The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access; 6. The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use; 7. Conveyances made to correct descriptions in prior conveyances; 8. The sale or exchange of parcels or tracts of land existing on the date of adoption of this resolution into no more than 2 parts and not involving any new streets or easement of access. Turn-Around: An area at the closed end of a street or parking lot within which vehicles may reverse their direction. Wetlands: As defined by the Illinois Department of Natural Resources. SECTION 5.00 - PROCEDURE FOR SUBMISSION OF SUBDIVISION PLAT Instructions for subdivision plat processes leading to approval and plat recording. 5.01 CONCEPT PLAN: 5.01.01 Application: Petitioners who wish to start the process with a concept plan should at this time submit his application (the original and 35 copies) along with 35 folded copies of his concept plan a minimum of 15 days prior to the targeted Plan Commission meeting. As part of the application the petitioner shall also provide the names and addresses of all land owners within 500 feet of the application property to the City's Deputy Clerk for the purpose of sending certified notices of the required public hearing(s). 5.01.2 Review. Petitioner needs to schedule a meeting with the City Administrator, City Engineer, and Director of Public Works to review access, availability of water, sewer, storm water and other related technical issues at least two weeks prior to the targeted Plan Commission. 5.01.3 Plan Commission. Petitioner must attend the scheduled Plan Commission meeting which will involve an informal public comment session after the petitioner (or his duly authorized representative) presents his Concept Plan. 5.02 PRELIMINARY PLAN: 11 Subdivision Ordinance 5.02.01 The preliminary plan is a drawing complying with all provisions of this Ordinance, and when considered necessary by the Plan Commission, or the Plan Council, should be accompanied by other engineering drawings concerning required improvements on which final review for adherence to design standards and improvement proposals is based, and from which detailed engineering drawings can proceed. When petitioner does not wish to present a Concept Plan he will start with his Preliminary Plan and at this time submit his application. Petitioner will be invoiced for the required annexation, re-zoning, engineering, and other applicable fees which must be paid in full prior to being placed on the Plan Commission Agenda. A deposit for legal and planning services will also be invoiced and is due at this time. Payment should be made to the Deputy Clerk at the City of Yorkville Administrative Offices. As part of the application the petitioner shall also provide the names and addresses of all land owners within 500 feet of the application property to the City's Deputy Clerk for the purpose of sending certified notices of the required public hearing(s). 5.02.02 After a written report from the Plan Council, and after review of the Preliminary Plan and discussion with the subdivider on changes and additions that may be required for the plan, the Plan Commission shall make a recommendation in writing to the City Council. 5.02.03 After review of the Preliminary Plan and the recommendation of the Plan Commission, the City Council shall discuss with the subdivider the proposed Plan and shall, within 45 days, act on the Preliminary Plan. The subdivider shall be notified in writing of any conditions of approval or reasons for disapproval. 5.02.04 Approval of the Preliminary Plan is tentative only, and shall be effective for a period of twelve months. If the final plat has not been recorded within this time limit, the Preliminary Plan must again be submitted for approval, unless, upon application by the subdivider, the City Council grants an extension. An extension period shall not exceed two (2) 12 month periods. 5.02.05 Ordinances in effect on the date of Preliminary Plan approval shall govern the preparation of the Final Plan. Ordinances in effect on the date(s) of Final Plat approval(s) shall govern any fees paid or contributions made by the developer. 5.02.06 Fees for legal and planning services will be billed based on per hour range of work being performed. These amounts are deducted from the deposit amount we invoiced earlier and a statement of account (reflecting the current credit balance) is sent to the petitioner with the consulting bills enclosed. All fees must be current before proceeding to the next stage of the approval process. 5.03 FINAL PLAN 12 Subdivision Ordinance 5.03.01 Approval of the Preliminary Plan shall entitle the subdivider to approval of the Final Plan, provided that the Final Plan: 1. Conforms substantially to the approved Preliminary Plan, and 2. Meets all conditions of said approval, and 3. Complies with all applicable, current ordinances. Disapproval of the Final Plan is warranted if: 1. There are more than minor deviations from the approved Preliminary Plan. 2. A new highway, pipeline, or other major improvement shall directly affect the proposed development site. 5.03.02 The proposed Final Plat must be accompanied by 12 sets of the proposed improvement plans for review by the Plan Council. 5.03.03 After reviewing the final plat and applicable minutes from the Plan Council and a discussions on changes and additions that may be required, the Plan Commission shall recommend in writing to the City Council, within 45 days from receipt of the Plan Council minutes, either approval or disapproval of the Final Plat and its reasons for such recommendation. The final plat then proceeds to The Economic Development Committee which consisting of four(4) City Council members for it's further review and recommendation. Project then moves to the Committee of the Whole and then the City Council meeting for approval or disapproval. 5.03.04 The proposed Improvement Plans shall be prepared by a Registered Professional Engineer of Illinois who shall be responsible for the design of all public and land improvements required by this subdivision Ordinance as provided in the Illinois Professional Engineering Act. The submitted plans shall be sealed by said Professional Engineer and shall be in conformance with the City's Standard Specifications for Improvements, and these City Specifications shall be the only specification for the improvements. The Final Plat can not be submitted to the Plan Commission until the Improvement plans are approved and signed by the City Engineer and by the City Administrator and all fees are paid and all required securities are filed. 5.03.05 The Final Plat shall be recorded with the County Recorder of Deeds, within thirty (30) days from the date of final approval or final approval shall be considered null and void. This requirement shall not apply when delay in recording a plat is due to circumstances beyond the control of the City or developer. 5.03.06 Final Engineering Plan: Submit 3 sets of the Final Engineering Plans to the Deputy Clerk at the City Administrative Offices for review and recommendation by the City Engineer. 13 Subdivision Ordinance SECTION 6.00 - REOUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS AND PLATS The following requirements are held to be the minimum amount of information necessary to convey to the representatives of the City of Yorkville a complete and accurate description of the kind and quality of subdivision proposed. Additional information may be submitted if it will further clarify the proposed subdivision. 6.01 PRE-APPLICATION CONFERENCE PLAN 6.01.01 Concept Plan. The Concept Plan may be done free-hand, but shall be done with reasonable accuracy and clarity. The scale of the drawing should be 1" = 100', unless clarity or size of drawing dictates otherwise. The following information shall be shown: 1. Name and address of the owner or subdivider. 2. North arrow and scale. 3. Approximate dimensions and area of parcel. 4. Topography - not greater than 10' foot contour intervals such as can be obtained from USGS maps. 5. Proposed layout of streets, lots, parks, and non-residential areas, including storm water control. 6. Number of dwelling units, gross and net density. 7. Minimum and average lot sizes. 8. Gross and net area. 9. For multiple-family, commercial and industrial areas: 1) location of buildings. 2) approximate dimensions and area of site. 3) off-street parking, delivery and pick-up areas. 4) buffer zones. 6.01.02 Existing Conditions. Presence of any of the following shall be shown on the sketch Plan or an additional sheet: 1. Streams, marshes, bodies of water, wooded areas, wetland, and other significant natural features. 2. Location and direction of all water courses, drainage ways, and areas subject to flooding. 3. Location of storm drains, inlets and outfalls. 4. Existing buildings. 5. Existing utilities and utilities proposed for extension. 6. Existing streets and streets proposed. 6.01.03 Location Map. A small scale map or sketch of the general area showing the relationship between the proposed subdivision and existing community facilities and rights-of-way, with the proposed subdivision indicated thereon. 14 Subdivision Ordinance 6.02 PRELIMINARY PLAN The preliminary Plan shall be drawn at a scale of 1" = 100', unless another scale is approved or required by the Plan Commission or the Plan Council at the pre-application conference. 6.02.01 The following information shall be shown on all Preliminary Plans: 1. Notation stating "Preliminary Plan". 2. The name and address of the owner, the subdivider and the engineer, surveyor, and planner preparing the plan. 3. Date, scale and north arrow. 4. Topography-not greater than 2' contour intervals. 5. The proposed subdivision name which shall not duplicate the name of any plat previous recorded in Kendall County. 6. Location of the subdivision on a small scale drawing of the general area in which the subdivision lies with the location of the subdivision indicated thereon, including high-water elevations, if known. 7. The recorded length and bearing of the exterior boundaries of the subdivision. 8. Location and names of adjacent subdivisions and the owners of parcels of un-subdivided land within 200' of property. 9. Zoning on, and contiguous to the subdivision. 10. Location, widths, and names of all existing and platted streets, alleys, or other known public ways and easements, railroad and utility rights-of-way, parks, cemeteries, watercourses, permanent buildings, bridges, and other pertinent data as determined by the Plan Commission on the lands proposed to be subdivided, and within one hundred fifty(150) feet of the proposed subdivision. 11. The approximate areas of all parcels of land intended to be dedicated or reserved for public use or to be reserved in the deeds for the common use of property owners in the subdivision. 12. If the subdivision borders a lake or stream, the distances and bearings of a meander-line established not less than twenty(20) feet back from the average high water mark of the lake or stream, as determined from flood hazard maps or other data, with said distance and source of data noted. 13. Approximate storm water runoff and detention/retention calculations shall be in accordance with the Standard Specifications for Improvements. Offsite tributary drainage areas and discharging routing shall be defined with supporting data as necessary for evaluation. 14. Layout and width of all new streets and rights-of-way such as highways, easements for sewers and water mains, sidewalks, trees, drainage ways and other public utilities. 15. Existing trees greater than 6" caliper. 16. Proposed plantings. 17. Legal Description. 18. Site data (See Figure No. 5 in Standard Specifications) 15 Subdivision Ordinance 19. Routing to any proposed extensions of existing water and sewer mains, including all pipe sizes, pertinent elevations and proposed elevations. 20. Internal utility layout, demonstrating sanitary sewer depths, watermain looping, storm water routing to and from detention/retention, and locations of existing field tiles. 21. A written statement from the Kendall County Soil Conservation Service (USDA) expressing its opinion of the suitability of the land for the type of land use proposed. 22. A Field tile survey, showing locations where exploration trenches were dug and what was found. 6.02.02 The following information shall be shown for all single-family & two-family areas: 1. Approximate dimensions and minimum lot areas in square feet. 2. Proposed building set-back lines. 3. Area of property proposed to be dedicated for public use, or to be reserved by deed covenant for use of all property owners in the subdivision with the conditions of such dedication or reservation. 6.02.03 The following information shall be shown for all multiple-family, commercial, industrial and other non-residential areas: 1. Number of units, gross and net densities. 2. Open spaces. 3. Proposed layout of structures. 4. Layout and quantities of all off-street parking and loading areas. 5. Proposed building set-back lines. 6. Area of property proposed to be dedicated for public use, or to be reserved by deed covenant for use of all property owners in the subdivision with the conditions of such dedication or reservation. 7. Buffer areas. 8. Square feet of buildings for commercial and industrial projects. 6.03 FINAL PLAN The Final Plan shall be drawn in ink at a scale of 1" = 100' or larger on a non-fading, stable, Mylar material. The sheet size for plats or plans shall be not less than 18" x 24" nor larger than 24" x 36". When more than one sheet is used for any document, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the document and shall show the relation of that sheet to the other sheets. Final plans shall include all required engineering and landscaping improvements. See Figure No. 6 in Standard Specifications 6.03.01 The following information shall be shown on all Final Plats: 1. Legal Description. Legal descriptions shall commence at the intersections of Section lines and/or Quarter Section lines when reasonably practical to do so. 16 Subdivision Ordinance 2. All monuments erected, corners and other points established in the field in their proper places. The material of which monuments, corners, or other points are made shall be noted as the representation thereof, or by legend, except lot corners need not be shown. 3. The exact length and bearing of all exterior boundary lines, public grounds, meander-lines and easements, unless they parallel a noted boundary. 4. The exact width of all easements, streets, and alleys. 5. The dimensions of all lot lines, to the nearest one hundredth (1/100) of a foot. 6. Building set-back lines on all lots. 7. All lots consecutively numbered within consecutively lettered blocks. 8. The number of degrees, minutes and seconds of all lot angles or bearings of same other than 90° , except that when the line is any tier of lots are parallel, it shall be sufficient to mark only the outer lots. When any angle is between a curve and its tangent, the angle shown shall be that between the tangent and the main chord of the curve. When between curves of different radii, the angle between the main chords shall be shown. 9. When a street is on a circular curve, the main chord of the center line shall be drawn as a dotted line in its proper place; and, either on it, or preferably in an adjoining table, shall be noted its bearing and length, the radius of the circle of which the curve is a part, and the central angle extended. The lot-lines on the street sides may be shown in the same manner, or by bearings and distances. When a circular curve of thirty(30) foot radius or less is used to round off the intersection between two (2) straight lines, it shall be tangent to both straight lines; it shall be sufficient to show on the plat the radius of the curve and the tangent distances from the points of curvature to a point of intersection of the straight lines. 10. The name of each road or street in the plat shall be printed thereon, which name shall not duplicate the name of any other street unless it is an extension thereof. 11. Abutting state highway lines and streets of adjoining plats shown in their proper location by dotted lines. The width and names of these streets and highways and plats shall also be given. 12. All lands dedicated to public use including roads and streets shall be clearly 17 Subdivision Ordinance marked. 13. All water-courses, drainage ditches, and other existing features pertinent to subdivision. 14. Where provisions are made for access from any subdivision to any lake or stream, the plat shall show the area over which the access is provided to the lake or stream, together with a small scale drawing clearly indicating the location of the subdivision in relation to the lake or stream, and the location of the area over which access is provided. 15. Monuments - The description and location of all survey monuments placed in the subdivision shall be shown upon Final Plat. Permanent monuments shall be of concrete reinforced with one (1) number four(4) vertical rod, and not less than four (4) inches square on top and tapered to six (6) inches square at the bottom and thirty-six(36) inches long set flush with the adjacent ground. Each permanent monument shall have a suitable mark in the center of the top. Permanent monuments shall be erected at all corners or changes in bearing of the exterior boundary. Metal monuments not less than 1/2 inch in diameter and 24 inches in length shall be placed in the ground at all lot corners, intersections of streets, intersections of streets and alleys with plat boundary lines and at all points on street, alley, and boundary lines where there is a change in direction or curvature. All monuments and stakes shall be set in the ground before the streets and alleys are accepted for public maintenance. 16. The survey shall be performed by a Surveyor, holding a currently valid registration in Illinois, and if the error in the latitude and departure closure of the survey is greater than the ratio of one in five thousand 1/5,000), the plat may be rejected. 17. Certificates of Approval to be shown on Final Plat, as applicable: 1. Surveyor 2. Owner 3. Notary 4. City Administrator 5. Township Highway Commissioner, if applicable 6. County Supervisor of Highways, if applicable 7. Illinois Department of Transportation, if applicable 8. City Clerk 9. City Plan Commission, Chairman 10. Mayor 11. County Clerk 18 Subdivision Ordinance 12. County Recorder 13. City Engineer 14. School District Certificate 15. Drainage Overlay Certificate SECTION 7.00 - DESIGN STANDARDS 7.01 GENERAL In laying out a subdivision, the developer shall: 1. Take into account and comply with officially adopted plans; 2. Conform to existing street patterns where such streets are contiguous to the proposed subdivision or may reasonably be projected through the subdivision; 3. Design the arrangement of uses in relation to topography and drainage conditions; 4. Consider all natural features such as streams, lakes ponds, tree cover, etc. and incorporate these features into the development, 5. Consider street names. Streets that are extensions of, or obviously in alignment with existing streets shall bear the name of the existing streets; however, no other streets shall bear names which duplicate, or nearly duplicate so as to be confused with the names of existing streets. 6. Take into account future development, including street and utility extensions. 7. Consider the implementation of traffic calming measures, which the City may require on a case by case basis. 7.02 PUBLIC SITES AND OPEN SPACES Where a proposed park, playground, school or other public use shown on any official adopted City, Township, County or State plan or map is located in whole or in part in a subdivision, appropriate public agencies and governing bodies shall be given an opportunity to begin, within one (1) year from the date of recording of the Final Plat, procedures to acquire said acreage. 7.03 The City of Yorkville Standard Specifications for Improvements shall be incorporated herein, and shall apply to any and all development, not only subdivisions. 7.04 HALF-STREETS Half streets shall be prohibited, except where essential to the reasonable development of the subdivision and in conformity with the other requirements of these regulations, and where the Plan Commission finds it will be practicable to 19 Subdivision Ordinance require the dedication of the other half when the adjoining property is subdivided. A right-of-way width of not less than forty (40) feet and a pavement width of not less than twenty two and one half feet, ( 22.5) shall be required for the half street. Where a half street is adjacent to a tract to be subdivided, the other half of the street shall be platted and constructed within such tract. In cases where half streets are accepted, the owner and subdivider shall be required to grade and improve the half street, the same as all other subdivision streets. 7.05 ALLEYS 7.05.01 Alleys shall be provided in all commercial and industrial districts except that the City may waive this requirement where another definite and assured provision is made for service access, such as off-street loading and parking consistent with, and adequate for, the uses proposed. 7.05.02 Alleys shall not be approved in residential areas unless necessary because of topography or other exceptional circumstances. 7.05.03 The width of alleys shall be not less than twenty four(24) feet. 7.05.04 Dead-end alleys shall be prohibited. 7.06 STREET JOGS Street intersection jogs with center line offsets of less than one hundred fifty(150) feet shall be prohibited. 7.07 STREET INTERSECTIONS Streets shall be laid out so as to intersect as nearly as possible at right angles. A proposed intersection at an angle of less than eighty(80) degrees shall not be acceptable. 7.08 BLOCKS 7.08.01 The length, width, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block length in residential areas shall not exceed one thousand three hundred twenty (1,320) feet, nor have less than sufficient width to provide two (2) tiers of lots of appropriate depth between street lines, except that one (1) tier of lots may back onto a limited access highway, railroad right-of-way or major street, provided suitable screen-planting contained in a no-access reservation strip along the rear property line is provided. 7.08.02 Paved and fenced pedestrian crosswalks, not less than ten (10) feet wide, may be required by the Plan Commission through the center of blocks more than nine 20 J Subdivision Ordinance hundred (900) feet long where deemed essential to provide circulation or access to schools, playgrounds, shopping centers, transportation, and other community facilities. Paving shall be 3" of bituminous concrete surface course on 10" of compacted CA-6 base. Fencing shall be 4 foot high continuous chain-link fence on both sides of the walkway on an easement. 7.09 LOTS 7.09.01 All lots shall meet the minimum depth , width, and area requirements of the Zoning Ordinance. 7.09.02 The size, shape and orientation of lots shall be appropriate for the location of the subdivision, and for the type of development and use contemplated. 7.09.03 Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for off-street service and parking facilities. 7.09.04 The fronting of residential lots onto State and County highways is prohibited. Also prohibited is the fronting of residential lots onto any proposed major thoroughfare or major collectors, as designated by the comprehensive Plan. Subdivision entrances for residential uses, and/or major entrances for commercial, industrial, and institutional uses shall be located not less than thirteen hundred (1,300) feet apart, center line to center line, unless topography or existing street locations dictate otherwise. 7.09.05 Excessive depth in relation to width shall be avoided. 7.09.06 Every lot shall front or abut on a public street. 7.09.07 Side lot-lines shall be substantially at right angles or radial to street-lines. 7.09.08 Double frontage and reversed frontage lots shall be avoided except where necessary to overcome specific disadvantages of topography and orientation, and where a limited access highway, railroad right-of-way, major street, or similar situation exists; in which case double frontage lots shall be provided with suitable screen-planting contained in a no-access reservation strip along the rear property line and the right-of-way. When deemed necessary by the Plan Commission, double frontage lots shall have additional depth to further protect the proposed use from rear lot-line traffic. 7.09.09 Subdivisions must include all of the parcel being divided and may have no exceptions or exclusions; and shall not contain "leftover" pieces, corners, or remnants of land. 7.09.10 Lot widths shall be measured at the building setback line and may be reduced ten 21 Subdivision Ordinance (10) percent at the end of a cul-de-sac, providing the lot area meets the requirements of the Zoning Ordinance. 7.09.11 Corner lots shall have a buildable area equal to or greater than the smallest interior lot on the same block. 7.10 EASEMENTS 7.10.01 Easements shall be provided at the rear of all lots. Such utility easement shall be at least ten (10) feet wide on each lot, and normally centered upon the rear or side lot lines. Easements will be required for all stormwater control facilities and for overflow routes. The City may require wider easements and easements at other locations to accommodate proposed utilities and provide space for future utilities. Easements shall be provided at the side of all lots and shall be at least Five (5') feet wide on each lot immediately adjacent to the property line. Easements shall be provided along both sides of all right-of-way immediately adjacent and parallel to said right-of-way. This easement shall be for utilities. Evidence shall be furnished to the Plan Commission that easements and any easement provisions to be incorporated on the plat or in the deeds have been reviewed by the individual utility companies or the organization responsible for furnishing the service involved. 7.10.02 Where a subdivision is traversed by a water-course, drainage channel or stream, or other body of water, appropriate dedications or easement provisions, with adequate width or construction to accommodate observed, computed or anticipated storm water drainage through and from the subdivision, shall be made. The width of the easement shall be dependent on the area of land drained by the water-course and wide enough to allow access for construction and maintenance equipment. 7.10.03 A screen-planting easement may be required in accordance with the Landscape Ordinance. If such easement is to also be used for public utilities, only such plant materials that have an ultimate growth not exceeding fifteen feet (15') shall be used. SECTION 8.00 - REQUIRED IMPROVEMENTS 8.01 IlVIPROVEMENTS REQUIREMENTS PRIOR TO FILING FINAL PLAT Upon approval of both the Final Plan and the plans and specifications for the required subdivision improvements by the Plan Commission, Director of Public Works and the City Engineer, and upon approval of the appropriate agencies as evidenced by State and County permits where required, the subdivider shall construct and install the required subdivision improvements prior to filing the Final Plat with the Plan Commission for final approval. If construction does not begin within four (4) years of Final Plan approval, the subdivider may be required to revise the plan to comply with new City requirements. 22 J ' Subdivision Ordinance 8.02 SUBDIVISION SECURITIES In lieu of construction in 8.01 above, the subdivider shall post with the City, a construction guarantee in the form of an Irrevocable Letter of Credit or irrevocable bond, payable to the City of Yorkville, sufficient to cover the full cost plus ten (10) percent, of the required improvements as estimated by the engineer employed by the subdivider and approved by the City Engineer to assure the satisfactory installation of required improvements as outlined in this Section and contained in the approved plans and specifications. The Bond or Letter of Credit posted shall be issued by a Surety or Bank recognized by the State of Illinois and approved by the City Attorney, and shall carry a rating sufficient to cover the cost of construction. The subdivider shall use the standard bond form or letter of credit form used by the City. Construction guarantee shall not be reduced to below 25% of the approved engineers estimate prior to acceptance of the public improvements by the City. The construction guarantee shall not expire for at least one (1) year. Subsequent renewals of the construction guarantee shall also be for a period of at least one (1) year. 8.03 CONSTRUCTION WARRANTY The subdivision irrevocable bond or letter of credit shall be released after an appropriate City Council Resolution accepting the improvements for public ownership. This subdivision letter of credit will not be released until a one-year Maintenance Bond or Letter of Credit is posted with the City Clerk for 10% of the Land Improvement cost to insure that any and all improvements will properly function as designed with no defects after the City Council formal acceptance. 8.04 PROCEDURE 8.04.01 Not more than ten (10) months after Preliminary Plan approval, four(4) copies of the proposed final plans and specifications, engineers estimates prepared and sealed by a professional engineer currently registered with the State of Illinois, and subdivision bond or letter of credit, shall be filed with the City Engineer, and shall provide all necessary information for the following, as applicable. 1. Streets. 2. Curbs and gutter. 3. Storm drainage, including storm sewers and storm water detention, building storm drains (footings, roof, etc.). 4. Comprehensive drainage plan including grades of surface drainage ways. 5. Sanitary sewerage system. 6. Water supply and distribution. 7. Public utility locations. 8. Street lights. 9. Sidewalks. 10. Street signs, guard rails and other special requirements. 11. Parkway trees. 23 ' Subdivision Ordinance 12. Payment in full of all city fees. 8.04.02 Construction and Inspection 1. Prior to starting any work covered by the approved plans and specifications for the above improvements, written authority to start the work shall be obtained from the Director of Public Works. Authorization to begin work will be given upon receipt of all necessary permits, including all culvert permits required when proposed new or changed subdivision roads intersect any-presently existing road, and work must proceed in accordance with construction methods of Section 8.05 through 8.11, and the City's Standard Specifications for Improvements. 2. Construction of all improvements required by this Ordinance must be completed within two (2) years from the date of approval of the Final Plat unless good cause can be shown for granting an extension of time. 3. The subdivider shall pay all expenses incurred by the City to provide field inspections and testing of all construction work and materials before, during and after construction. 8.04.03 As Built Plans After completion of all public improvements, and prior to final acceptance of said improvements, the subdivider shall make, or cause to be made, a map showing the actual location of all valves, manholes, stubs, sewer and water mains, and such other facilities as the Director of Public Works shall require. This map shall bear the signature and seal of an Illinois Registered Professional Engineer. The presentation of this map shall be a condition of final acceptance of the improvements, and release of the subdivision bond or letter of credit assuring their completion. The "as built" plans shall be submitted on reproducible Mylar, and also on computer diskette in a format acceptable to the City. 8.04.04 Survey Monuments All permanent and other monuments required in this Ordinance shall be placed prior to the approval of the Final Plat. 8.04.05 Acceptance of Dedication, Improvements 1. Final acceptance of the dedication of open space or other public areas shall mean the responsibility for the maintenance of the same. Approval of the Final Plat does not constitute final acceptance. 2. Approval of the Final Plat shall be dependent on presentation of proof of responsibility for the maintenance of all community improvements. 24 Subdivision Ordinance 3. All public improvements shall be accepted only by Resolution of the City Council after a formal Petition for approval has been submitted by the subdivider to the City Clerk. Such Petition shall be filed after completion of the public improvements. City Engineer and the Director of Public Works shall, within thirty (30) days from receipt of such Petition, make recommendations in report form to the City Council. All Petitions shall be acted upon by the City Council within thirty (30) days from receipt of such recommendations of the Director of Public Works and City Engineer. A Maintenance Bond will then be required in the amount of 10% of the cost of the Land Improvements, as specified in this ordinance after City Council acceptance. 8.05 STREETS Street improvements shall be installed by the developer and shall be in accordance with the table of minimum standards herein and in accordance with the city's standard specifications for improvements. Right-of-ways at intersections shall have a 25 foot (25) radius where right-of-way lines intersect. 8.06 SIDEWALKS Concrete sidewalks shall be installed by the developer within all subdivisions on both sides of the street or roadway to a minimum width of 5 feet as specified in the City's Standard Specifications for Improvements. 8.07 STREET LIGHTING A complete, functioning street light system shall be installed by the developer at his expense in all subdivisions as specified in the City's Standard Specifications for Improvements. 8.08 SIGNAGE. GUARD RAILS AND LANDSCAPING 8.08.01 Street signs of the quantity and type approved by the Director of Public Works shall be installed at each intersection and shall indicate the street names as shown on the Final Plat. The City shall order and install the street name signs. The subdivider shall reimburse the City for said cost. The subdivider shall also supply and install regulatory and warning signs as directed by the Yorkville Police Department. 8.08.02 Steel Plate Beam Guard Rails shall be placed along the shoulder of any street where street construction has resulted in an embankment greater than six (6) feet in height. 8.08.03 All areas of street right-of-way that are not paved shall be seeded or sodded. Provisions shall be made to assure the growth of all landscaping. 8.08.04 All improvements herein shall be as specified in the City's Standard Specifications for Improvements. 25 Subdivision Ordinance 8.09.01 Surface water drainage improvements consisting of storm sewers and/or open channels, inlets, catch basins and manholes and/or detention facilities, shall be designed and constructed to adequately drain the area being developed and also all of such other areas which naturally drain through the area being developed. 8.09.02 If the surface water drainage will be changed by the construction of the subdivision, adequate provision shall be made for collection, and diversion of such surface waters into public areas, or drains which the subdivider has a right to use, and such surface waters shall not be deposited on the property of adjoining land owners in such a manner as to cause erosion or other damage. 8.09.03 Designed planning of surface water drainage facilities shall be performed by or under the supervision of a Professional Engineer, registered in the State of Illinois. The storm water drainage system shall be as specified in the City's Standard Specifications for Improvements. 8.09.04 It will be the homeowner's responsibility to maintain any drainage course across his property and to keep it free from features that restrict natural drainage. 8.10 SANITARY SEWER SYSTEM All subdivisions and units therein will be required to provide connection to the sanitary sewer system including required sewer extensions off-site to the sizes and depths as required by the City. The sanitary sewers shall be extended to the far boundaries of the development as directed by the City. All costs of these improvements will be borne by the developer. The sanitary sewer system shall be as specified in the City's Standard Specifications for Improvements. 8.11 WATER SYSTEM All subdivisions and units therein shall be required to provide connection to the City of Yorkville's public water supply system including required watermain extensions off-site to the sizes required by the City, and all costs shall be borne by the developer. All developments must provide a looped, double fed water system, and extensions to the boundaries of the development as directed by the City shall also be included in the water system to be funded by the developer. The water system shall be as specified in the City's Standard Specifications for Improvements. 8.12 OVERSIZING OF UTILITIES When, in any subdivision, now within the City or within one and one-half(1-1/2) miles of the City limits, which normally would require a certain size watermain, sanitary sewer, and/or storm sewer, but which for the purpose of complying with the plan of development of the City's Comprehensive Plan to provide adequate utilities, not only to the particular subdivision, but also to subdivisions which in the future may become a part of the City, and where the City Engineer and the Director of Public Works have determined that water and/or sewer mains of a 26 Subdivision Ordinance larger diameter are required, then the City Engineer or the Director of Public Works shall inform the subdivider, builders and developers of the subdivision by a written notice of that fact and require them to install such oversized utilities and at the same time, in said notice, inform them of the size(s) to be installed. Upon being so notified as provided for in this section, no subdivider, builder or developer shall install any utility in such subdivision of any size other than that specified to him by the aforesaid notice. At such time as the installation of said oversized utilities shall have been completed in accordance with the plans and specifications submitted to the City for such installation, and also in accordance with the notice specified in this section, and all such installations shall have been inspected and approved by the City as provided for by the Ordinances of the City, then the City may enter into an agreement to allow the developer to recover the difference of the cost at current prices, as of the time of said installation, between the development's required utilities which was originally planned to be used and the cost of the oversized utilities which the City directed to be used. Said agreement may be in the form of a recapture agreement, cash payment(s), rebates of fees to the developer, or some other consideration as may be approved by the City Council.. SECTION 9.00 -ADMINISTRATION 9.01 BUILDING PERMIT No building permit shall be issued for the construction of any building, structure or improvement to the land or any lot within a subdivision as defined herein, which has been approved for platting or re-platting, until all requirements of this ordinance have been fully complied with. In no case will a building permit be issued until all fees have been paid, a grading plan approved, an "all-weather" road in place to serve this property, along with functioning drainage facilities, water system, and sanitary sewer system. Exceptions may be made for model home units. 9.02 CERTIFICATE OF OCCUPANCY No certificate of occupancy shall be issued for the use of any structure within a subdivision approved for platting or re-platting until all required utilities have been installed and are capable of servicing the subdivision and roadways providing access to individual lots shall have at least the bituminous binder laid. All street lights in that phase of the subdivision must be fully functional and the final grading plan must be submitted and approved prior to a Certificate of Occupancy. 9.03 VARIATIONS Where the Planning Commission finds that extraordinary hardships or particular 27 \�1 w 1 Subdivision Ordinance difficulties may result from the strict compliance with the ordinance, the Zoning Board of Appeals is hereby empowered to consider such matters after receiving written application from the subdivider. If applicable, the Zoning Board of Appeals may recommend, in writing, to the City Council variations or exceptions to the regulations , subject to specified conditions, so that substantial justice may be done and the public interest secured, provided that such variations or exceptions shall not have the effect of nullifying the intent and purpose of this Ordinance or the Comprehensive Plan. The standards and requirements of the Ordinance may be modified in the case of large scale developments when the Plan Commission finds that a plan and program for a new village, complete community, shopping center, industrial park, or neighborhood unit provides adequate public open spaces and improvements for circulation, recreation, and service needs of the tract when fully developed, and which also provides such covenants or other legal provisions to assure conformity and achievement of the plan. The Zoning Board of Appeals shall not recommend variations or exceptions to the regulations of this Ordinance unless it shall make findings based upon the evidence presented in each specific case, that: 1. Because of the particular physical surroundings, shape or topography conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out. 2. The conditions upon which the request for a variation is based are unique to the property for which the variation is sought and are not applicable, generally to other property, and have not been created by any person having an interest in the property. 3. The purpose of the variation is not based primarily upon a desire to make more money out of the property. 4. The granting of the variation will not be detrimental to the public safety, health, or welfare, or injurious to other property or improvements in the neighborhood in which the property is located. SECTION 10.00 - AMENDMENT Amendments may be proposed by the Mayor and City Council, the Plan Commission, the Zoning Board of Appeals, or any resident of the City of Yorkville, or any person residing within 1 1/2 miles of the corporate limits of the City. 28 Subdivision Ordinance Yorkville a fee of Five Dollars ($5.00) for each lot, tract, or housing unit shown on the final plat. The minimum fee shall be Ten Dollars ($10.00) per plat. 11.02 AMENDMENT Any individual applying for an amendment to this ordinance shall pay a fee of Fifty Dollars($50.00) to the City of Yorkville at the time application is filed with the City Clerk. 11.03 The subdivider shall comply with any School and/or Park Land-Cash Ordinance in effect at the time of Final Plat approval. SECTION 12.00 - VIOLATION PENALTY, ENFORCEMENT Any person, firm or corporation who violates, disobeys, omits, neglects, refuses to comply with, or who resists enforcement of any of the provisions of this ordinance shall be fined not less than $50 nor more than $200 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. The City Engineer is hereby designated and authorized to enforce this ordinance. However, it shall also be the duty of all officers, citizens, and employees of the City, particularly of all members of the Engineering, Police, and Public Works Departments, to assist the City Engineer by reporting to him any new construction, reconstruction, improved land uses, or upon any apparent violation. SECTION 13.00 - WHEN EFFECTIVE This Ordinance shall be in full force and effect from and after its due passage, approval and publication as provided by law. Passed and approved by the City Council this C, day of A 2000. uo Fd— A�)1,t M, i Mayor ATTEST: City Clerk SEAL 30 Subdivision Ordinance 10.02 PROCESSING APPLICATION FOR AMENDMENT 10.02.01 An application for an amendment shall be filed with the City Clerk. The application shall be accompanied by such plans or data, and such other information, as specified by the Plan Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendments will conform to the standards set forth herein. Copies of such application shall be forwarded by the City Council to the Plan Commission with the request to hold a public hearing. 10.02.02 Publication. The City Clerk shall cause a notice of time, place and purpose of such -hearing to be published in a newspaper published within the City of Yorkville not more than thirty(3 0) days nor less than fifteen (15) days in advance of such hearing. 10.02.03 Hearing on Application. Upon receipt in proper form of the application and statement referred to above, the Plan Commission shall hold at least one (1) public hearing on the proposed amendment. However, the Plan Commission may continue from time to time the hearing without further notice being published. 10.02.04 Findings of Fact and Recommendation of the Plan Commission. Within forty-five (45) days after the close of the hearing on a proposed amendment, the Plan Commission shall make written findings of fact and shall submit same, together with its recommendations to the Mayor and City Council. 10.03 DECISIONS 10.03.01 The Mayor and City Council, upon receiving the recommendation of the Plan Commission, may grant or deny any proposed amendment in accordance with applicable Illinois Statutes, or may refer to the Plan Commission for further consideration. 10.03.02 If a recommendation submitted by the Plan Commission to the City Council for a proposed amendment is not acted upon by the City Council within 45 days of the date upon which such application is received by the Mayor and City Council, it shall be deemed to have been approved. SECTION 11.00 - FEE SCHEDULE 11.01 FINAL PLAT Before the final plat is approved by the Plan Commission, there shall be attached a receipt from the City Clerk showing that the subdivider has paid to the City of 29