G37-13 Ordinance No. G37-13
AN ORDINANCE
AMENDING TITLE 18 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "SUBDIVISIONS"
WHEREAS, the City of Elgin is a home-rule unit and as a home-rule unit may exercise
any power and perform any function pertaining to its government affairs; and
WHEREAS, the city council of the City of Elgin has determined that it is necessary and
desirable to amend certain provisions within the city's subdivision regulations within the Elgin
Municipal Code; and
WHEREAS, the regulations pertaining to improvements to and the subdivision of land
within the city pertain to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Section 18.08.020 of the Elgin Municipal Code, 1976, as amended,
entitled "Terms Defined" be and is hereby further amended by deleting therefrom the definition
of"DIRECTOR".
Section 2. That Title 18 of the Elgin Municipal Code, 1976, as amended, entitled
"Subdivisions" be and is hereby further amended by amending the various references therein to
the term "Director"to "City Engineer".
Section 3. That Section 18.44.050 of the Elgin Municipal Code, 1976, as amended,
entitled "Plan Review and Inspection of Land Improvements" be and is hereby further amended
to read as follows:
"All required land improvements to be installed under the provisions of this title shall be
subject to prior plan review and approval by the city engineer or his designee and shall be
inspected during the course of construction by inspectors appointed by the city engineer.
The costs of said plan review and inspection shall be in the amount of three percent (3%)
of the engineer's initial estimate of the costs of the proposed improvements as approved
by the city engineer. The applicant proposing the land improvements shall pay to the city
such amount at the time of the application for final plat and final engineering review. In
the event the city engineer determines in the review and approval of the engineer's initial
estimate of costs of the proposed improvements that the engineer's initial estimate of
costs of the proposed improvements is insufficient and should be increased, the applicant
shall pay the additional amount to the city so as to provide for a total payment to the city
to equal the three percent (3%) of the engineer's final estimate of costs of the proposed
improvements as approved by the city engineer. When approved by the city engineer, the
city may instead utilize consulting firms to provide reviews and inspections and charge
the applicant for the consulting firm's actual fees plus ten percent (10%) for the city's
administrative costs. In the event the city utilizes a consulting firm the city shall draw
from the applicant's payment of three percent (3%) as costs are incurred for review and
inspections and shall submit periodic invoices for such costs to the applicant and in the
event the balance of the applicant's payment of three percent (3%) falls below 0.5% of
the engineer's approved estimate of the costs of the improvements, the applicant shall
submit an additional cash deposit(s) to the city in an amount(s) not less than 0.5% of the
engineer's approved estimate of the costs of the improvements."
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed to the extent of any such conflict.
Section 5. That this ordinance shall be in full force upon its passage and publication
in the manner provided by law.
David J. kaptdd, Mafor
Presented: August 28, 2013
Passed: August 28, 2013
Vote: Yeas: 9 Nays: 0
Recorded: August 28, 2013
Published: August 30, 2013
Attest: 1
0
Kimberly Dewis, tity Clerk