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G11-06 Ordinance No. G11-06 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (Open Space along Big Timber Road-Portions of Open Space Sites E and J) WHEREAS,the territory herein described has been annexed to the City of Elgin; and WHEREAS,written application has been made to classify said territory to a PCF Planned Community Facility District; and WHEREAS, after due notice in the manner provided by law the Planning and Development Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Planning and Development Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Chapter 19.07, Section 19.07.600 entitled "Zoning District Map" of the Elgin Municipal Code, 1976, as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described property: The boundaries herein before laid out in the `Zoning District Map', as amended, be and are hereby altered by including in the PCF Planned Community Facility District, the following described property (parcel numbers as referenced are as indicated on the Preliminary Subdivision Plat): Those areas on the attached zoning map, prepared by JEN Land Design, Inc., and dated June 15, 2004, and last revised December 3, 2004, designated in the PCF Planned Community Facility District, and designated as portions of Open Space Parcels E and J on the Preliminary PUD Plan, prepared by JEN Land Inc., dated June 15, 2004, with a final revision date of August 20, 2004 (page 1), said areas being located within a portion of the property legally described as follows: TRACT C: THAT PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING NORTHEAST OF A LINE 400 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST LINE OF BIG TIMBER ROAD, (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER e` 559.50 FEET TO THE CENTERLINE OF MCCORNACK ROAD FOR THE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG SAID NORTH LINE 422.54 FEET; THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE 200.0 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER 150.54 FEET TO THE CENTERLINE OF MCCORNACK ROAD; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 335.54 FEET, A DISTANCE OF 118.04 FEET; THENCE NORTH 57 DEGREES 10 MINUTES 13 SECONDS EAST ALONG SAID CENTERLINE 221.40 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF RUTLAND,KANE COUNTY, ILLINOIS. TRACT E: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION 172.15 FEET TO THE CENTERLINE OF BIG TIMBER ROAD; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION 1300 FEET; THENCE WEST ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 57 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 717.69 FEET FOR THE POINT OF BEGINNING; THENCE WEST ALONG THE EXTENSION OF THE LAST DESCRIBED COURSE 280 FEET; THENCE SOUTH ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 03 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE 456.17 FEET TO THE CENTERLINE OF SAID BIG TIMBER ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE 1114.17 FEET TO THE CENTERLINE EXTENDED NORTHEASTERLY OF MCCORNACK ROAD; THENCE SOUTHWESTERLY ALONG THE EXTENSION OF THE CENTERLINE OF SAID MCCORNACK ROAD 512.4 FEET TO THE SOUTH LINEUP SAID SOUTHWEST QUARTER; THENCE WEST ALONG SAID SOUTH LINE 2081.5 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID • QUARTER SECTION 2642 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID QUARTER SECTION 23 81.4 FEET TO A POINT 255.75 FEET WEST OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 72.5 FEET: THENCE SOUTHWESTERLY 1181.74 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF SAID QUARTER, 559.2 FEET TO THE CENTERLINE OF MCCORNACK ROAD PER DOCUMENT NO. 1850963 FOR THE PLACE OF BEGINNING: ?s.• THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG SAID SOUTH LINE 442.54 FEET; THENCE NORTH 14 DEGREES 22 MINUTES WEST PERPENDICULAR TO THE LAST DESCRIBED COURSE 313.33 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS EAST PERPENDICULAR TO THE LAST DESCRIBED COURSE 283.75 FEET; THENCE SOUTH 43 DEGREES 12 MINUTES 35 SECONDS EAST 144.21 FEET; THENCE SOUTH 28 DEGREES 17 MINUTES 37 SECONDS EAST 208.23 FEET TO THE CENTERLINE OF SAID MCCORNACK ROAD; THENCE SOUTH 54 DEGREES 07 MINUTES 38 SECONDS WEST ALONG SAID CENTERLINE 167.58 FEET TO THE PLACE OF BEGINNING); ALSO EXCEPTING THEREFROM THAT PART THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 981.74 FEET; THENCE NORTH 00 DEGREES 14 MINUTES 22 SECONDS WEST PERPENDICULAR TO THE LAST DESCRIBED COURSE A DISTANCE OF 313.33 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS EAST PERPENDICULAR) TO THE LAST DESCRIBED COURSE A DISTANCE OF 283.75 FEET; THENCE SOUTH 43 DEGREES 12 MINUTES 35 SECONDS EAST A DISTANCE OF 144.21 FEET; THENCE SOUTH 58 DEGREES 17 MINUTES 37 SECONDS EAST A DISTANCE OF 208.23 FEET r TO THE CENTERLINE OF MCCORNACK ROAD PER DEED RECORDED AS DOCUMENT NO. 1859063; THENCE NORTH 54 DEGREES 07 MINUTES 38 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 344.85 FEET TO THE CENTERLINE OF BIG TIMBER ROAD PER KANE COUNTY HIGHWAY DEPARTMENT MAP OF S.A. ROUTE 7 — ELGIN SHEET NO. 4; THENCE NORTH 49 DEGREES 03 MINUTES 06 SECONDS WEST ALONG SAID CENTERLINE A DISTANCE OF 65.67 FEET; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 28,647.80 FEET, TANGENT TO THE LAST DESCRIBED COURSE, AN ARC DISTANCE OF 658.92 FEET TO A LINE THAT BEARS NORTH 32 DEGREES 04 MINUTES 14 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 32 DEGREES 04 MINUTES 14 SECONDS WEST ALONG SAID LINE A DISTANCE OF 540.29 FEET TO THE POINT OF BEGINNING(EXCEPTING THEREFROM THAT PART THEREOF LYING SOUTHWEST OF A LINE 300 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST LINE OF BIG TIMBER ROAD AND THAT PART LYING NORTHEAST OF THE NORTHEAST LINE OF SAID BIG TIMBER ROAD); IN THE TOWNSHIP OF RUTLAND,KANE COUNTY, ILLINOIS. TRACT F: rik THAT PART OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY OF THE CENTERLINE OF A PUBLIC HIGHWAY KNOWN AS DAMISCH ROAD AS ESTABLISHED BY INSTRUMENT DATED FEBRUARY 18, 1927 AND RECORDED APRIL 28. 1927 IN BOOK 831, PAGE 105 AS DOCUMENT NO. 290939, (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE NORTH 89 DEGREES 38 MINUTES 28 SECONDS EAST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 433.30 FEET TO THE CENTERLINE OF DAMISCH ROAD PER DOCUMENT NO. 290939 RECORDED APRIL 28, 1927 IN BOOK 831 PAGE 105 FOR THE POINT OF BEGINNING; THENCE NORTH 38 DEGREES 51 MINUTES 35 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 109.80 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 198.40 FEET TO A POINT THAT IS 31.70 FEET NORTHERLY OF A POINT HEREINAFTER REFERRED TO AS POINT "A" ON THE SAID SOUTH LINE OF THE NORTHEAST QUARTER THAT IS 263.90 FEET, AS MEASURED ALONG SAID SOUTH LINE, EAST OF THE POINT OF BEGINNING: THENCE SOUTH 06 DEGREES 35 MINUTES 22 SECONDS EAST ALONG A LINE THAT PASSES THROUGH POINT "A", A DISTANCE OF 36.05 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 28 SECONDS EAST PARALLEL WITH THE SAID SOUTH LINE OF THE NORTHEAST QUARTER A DISTANCE OF 129.53 FEET: THENCE SOUTH 00 DEGREES 21 MINUTES 32 SECONDS EAST PERPENDICULAR TO THE SAID SOUTH LINEUP THE NORTHEAST QUARTER A DISTANCE OF 268.19 FEET; THENCE SOUTH 76 DEGREES 18 MINUTES 42 SECONDS WEST A DISTANCE OF 350.92 FEET; THENCE NORTH 21 DEGREES 39 MINUTES 38 SECONDS WEST A DISTANCE OF 46.19 FEET; THENCE SOUTH 60 DEGREES 16 MINUTES 07 SECONDS WEST A DISTANCE OF 58.21 FEET; THENCE NORTH 26 DEGREES 53 MINUTES 29 SECONDS WEST A DISTANCE OF 221.74 FEET TO SAID CENTERLINE OF DAMISCH ROAD; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 3183.23 FEET AND A CHORD BEARING OF NORTH 38 DEGREES 22 MINUTES 48 SECONDS EAST AN ARC DISTANCE OF 53.30 FEET; THENCE NORTH 38 DEGREES 51 MINUTES 35 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 127.77 FEET TO THE POINT OF BEGINNING) (AND ALSO EXCEPTING THEREFROM THAT PART THEREOF LYING SOUTHWEST OF A LINE 300 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST LINE OF BIG TIMBER ROAD AND THAT PART LYING NORTHEAST OF THE NORTHEAST LINE OF SAID BIG TIMBER ROAD); IN RUTLAND TOWNSHIP,KANE COUNTY, ILLINOIS. Section 2. That the City Council of the City of Elgin hereby grants the PCF Planned Community Facility District which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose and intent of this PCF zoning district is to provide a planned environment for various types of community facilities, subject to the provisions of Chapter 19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for profit or an a not for profit basis. B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol "[SR]", shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90, Supplementary Regulations of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the Elgin Municipal Code, 1976, as amended, and the provisions of the Annexation Agreement. D. Zoning Districts Generally. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.07,Zoning Districts, of the Elgin Municipal Code, 1976, as amended. E. Location and Size of District. This PCF zoning district should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PCF zoning district exclusive of rights-of-way, but including adjoining land or land directly opposite a right of way shall not be less than two acres. F. Land Use. In this PCF zoning district, the use of land and structures shall be subject to the provisions of Chapter 19.10, Land Use of the Elgin Municipal Code, 1976, as amended. The following enumerated"land uses" [SR] shall be the only land uses allowed as a"permitted use" [SR] in this PCF zoning district: Permitted Uses. The following enumerated land uses shall be the only land uses allowed as a permitted use in this PCF Community Facility District: Municipal Services Division. 1. "Municipal facilities" [SR] (UNCL). 2. "Public parks,recreation, open space" [SR] (UNCL). Public Administration Division. 3. Public administration(J). 4. Justice,public order, and safety(92). Finance,Insurance, and Real Estate Division. 5. "Development sales office" [SR] (UNCL). • Services Division. 6. Elementary and secondary schools (821). 7. Clubhouse, located on the parcel identified as "club" on the Preliminary PUD Plan sheet 1,prepared by JEN Land Inc., dated June 15, 2004,with a final revision date of August 20, 2004, consisting of a community center to be owned by the property homeowners association for the subject residential development, operated and used exclusively accessory to the residential development, operated exclusively on the parcel designated on the Concept Plan for HPI. Such use may include indoor and outdoor sports fitness, social, health and recreational activities for homeowner association members and their guests, pool and aquatic center, volleyball, basketball courts, tennis courts and sports fields, both lighted and unlighted, private parties and social functions for homeowners association members and their guests sponsored by the homeowners association or its members, child care for homeowner association members partaking in fitness and social programs, homeowner association meetings, property management office for homeowners association, community welcome center/information center, snack bar/concession stand and children's day camp activities sponsored or contracted by the homeowners association. 8. Museums, art galleries and botanical and zoological gardens(841). 9. Public Libraries(823). Construction Division. 10. "Contractors office and equipment areas" [SR] (UNCL). Transportation, Communication and Utilities Division. 11. "Commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). 12. "Radio and television antennas" [SR] (UNCL). 13. "Satellite dish antennas" [SR] (UNCL). 14. "Treatment, transmission, and distribution facilities: poles, wires, cables, conduits, laterals,vaults,pipes,mains, and valves" [SR] (UNCL). Miscellaneous Uses Division. 15. "Fences and walls" [SR] (UNCL). 16. "Loading facilities" [SR] (UNCL), exclusively "accessory" [SR], subject to the provisions of Chapter 19.47, Off Street Loading. 17. "Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 18. "Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a use allowed in this PCF zoning district, subject to the provisions of Chapter 19.45, Off Street Parking. 19. "Refuse collection area" [SR]. 20. "Storage Tanks" [SR] (UNCL). 21. "Signs" [SR] (UNCL), subject to the provisions of Chapter 19.50, Signs. 22. "Temporary uses" [SR] (UNCL). 23. "Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500, Accessory Structures and Buildings. 24. "Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. Conditional Uses. The following enumerated land uses shall be the only land uses allowed as a conditional use in this PCF Community Facility District: Services Division. 1. Arenas, sports fields, and stadiums(UNCL). 2. Child day care services (835). 3. "Institutional child day care services" [SR] (8351). 4. Job training and vocational rehabilitation service. 5. Social services not elsewhere classified (839). 6. Sporting and recreational camps (7032). Mining Division. 7. "Temporary mining" [SR] (UNCL). Transportation,Communication and Utilities Division. 8. "Conditional commercial antennas and antenna structures mounted on existing structures" [SR] (UNCL). I'- 9. "Conditional Commercial Antenna Tower" [SR] (UNCL). 10. Electric power generation(UNCL). 11. Local and suburban passenger transportation operators (411). 12. Local and suburban transit and interurban highway passenger transportation facilities for passenger boarding(417). 13. "Other radio and television antennas" [SR] (UNCL). 14. "Other satellite dish antennas" [SR] (UNCL). 15. Pipelines, except natural gas (461). 16. Refuse systems(4953). 17. "Treatment, transmission, and distribution facilities: equipment, equipment buildings, towers, exchanges, substations, regulators" [SR] (UNCL). Miscellaneous Uses Division. 18. "Master signage plan" [SR], subject to the provisions of Chapter 19.50, Signs. 19. "Parking lots" [SR] (UNCL), subject to the provisions of Chapter 19.45, Off-Street Parking. 20. "Parking structures" [SR] (UNCL). 21. "Planned developments" [SR] on a "zoning lot" [SR] containing less than two acres of land, subject to the provisions of Chapter 19.60, Planned Developments. 22. "Accessory structures" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.12.500,Accessory Structures and Buildings. 23. "Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PCF Community Facility District, subject to the provisions of Section 19.10.400, Component Land Uses. G. Site Design. In this PCF zoning district, the use and development of land and structures shall be subject to the provisions of Chapter 19.12, Site Design, of the Elgin Zoning Ordinance and in the Annexation Agreement. In this PMFR district, the use and development of land and structures shall be subject to the following conditions: a. Substantial conformance to the Concept Plan for HPI - Elgin, East Assemblage, prepared by JEN Land Design, Inc., dated June 15, 2004 (identified as sheet 1 of 7), and revised on August 20, 2004. b. Substantial conformance to the Preliminary PUD Plan for HPI - Elgin, East Assemblage, Sheets 2 through 7,prepared by JEN Land Design, Ltd., dated June 15, 2004, sheets 2 through 5 final revision date of September 10, 2004, and sheets 6 and 7 final revision date of December 1, 2004. c. Substantial conformance to the Preliminary Engineering Improvement Plans for HPI Elgin Assemblage-East, prepared by Cowhey Gudmonson Leder, Ltd., sheets 100, 200, 201, 202, 203, 204, and 205, dated June 11, 2004, and last revised on December 3, 2004, with modifications thereto in conformance with Exhibit G of the annexation agreement and the December 3, 2004, letter from Cowhey, Gudmonson, Leder, Ltd, regarding Preliminary Submittal Commentary. d. Substantial conformance to the Landscape Guidelines for the East Assemblage, the Entry Landscape Concept-Plan View, prepared by JEN Land Design, Inc., dated June 15, 2004, and revised on September 10, 2004. e. Substantial conformance to the Typical Buffer Section Residential Collector Road - East Assemblage, prepared by JEN Land Design, Inc., dated June 15, 2004, and revised on September 10, 2004. f. Substantial conformance to the Typical Buffer Section-East Assemblage (detailing a Kane County Historic Farm), prepared by JEN Land Design, Inc., dated June 15, 2004 and revised on September 10, 2004. g. Substantial conformance to the Neighborhoods 1, 3, &4/Timber Ridge & Wildwood West Landscape Buffer Section - East Assemblage, dated June 15, 2004, and revised on September 10, 2004. h. Substantial conformance to the Draft Declaration of Covenants, Conditions, and Restrictions for Homeowners Association, prepared by HPI-Elgin, L.L.C., and dated June 11, 2004, and revised on December 3, 2004. H. Off-street Parking. In this PCF zoning district,off street parking shall be subject to the provisions of Chapter 19.45, Off-street Parking, of the Elgin Municipal �► Code, 1976, as amended. • Off-street Loading. In this PCF zoning district, off-street loading shall be subject to the provisions of Chapter 19.47, Off-street Loading of the Elgin Municipal Code, 1976, as amended. J. Signs. In this PCF zoning district, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PCF zoning district, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PCF zoning district authorize such an application. L. Planned Developments. In this PCF zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.60, Planned Developments of the Elgin Municipal Code, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. M. Conditional Uses. In this PCF zoning district, application for conditional uses shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. N. Variations. In this PCF zoning district, application for variation shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. Any of the requirements of this ordinance may be varied by petition of a lot or property owner for a zoning lot without requiring an amendment to this PCF zoning district and without necessitating that all other property owners in this PCF zoning district authorize such an application. O. Subdivisions — Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. Prior to building permit issuance, for each building or structure proposed to be built within the planned development, a soils suitability and bearing capacity test shall be performed as required by the City Engineer and the Development Administrator, and the provisions of the Annexation Agreement. P. Buildings — Required Improvements. In addition to those building improvements required by Title 16 of the Elgin Municipal Code, the following building improvements shall also be required: 1. All sanitary sewer shall be overhead sewers. 2. All structures containing sump pits and pumps shall have separate lines connecting the sump pump to the storm sewer as required by the City Engineer and the Development Administrator. Q. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75, Appeals of the Elgin Municipal Code, 1976, as amended. Section 3. That this ordinance shall be full force and effect after its passage in the manner provided by law. d Schock, Mayor Presented: March 8,2006 Passed: March 8, 2006 Vote: Yeas: 7 Nays: 0 e'" Recorded: March 9,2006 Published: Attest: Ail Dolonna Mecum, City Clerk