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G-781 - 06/14/2005 - TEXT AMENDMENT - OrdinancesORDINANCE 2005- ZO -TA -G -781 AN ORDINANCE AMENDING CERTAIN SECTIONS OF TITLE 14 (SUBDIVISION REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK WHEREAS, the Village of Oak Brook has heretofore filed an application for text amendments to certain sections of the Title 14 (Subdivision Regulations), and WHEREAS, a public hearing on such application has been conducted by the Plan Commission of the Village of Oak Brook on February 21, 2005, pursuant to due and appropriate legal notice, and WHEREAS, the Plan Commission has submitted its report on the proposed text amendments to the President and Board of Trustees; and WHEREAS, the Plan Commission has recommended that the Village Board approve the proposed text amendments; and WHEREAS, the President and Board of Trustees deem the requested text amendments as set forth below to be in the best interest and in furtherance of the general welfare of the Village of Oak Brook, NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DUPAGE AND COOK COUNTIES, ILLINOIS, as follows Section 1: That Subsection C (Proposed Subdivision Design Features) of Section 14 -3 -3 (Preliminary Plat Requirements) of Chapter 3 (Preliminary Plat Procedures And Requirements) of Title 14 (Subdivision Regulations) be amended by the addition of Number 11 and will read as follows "11. The proposed improvements shall be designed and constructed substantially in compliance with the Public Works Construction Standards as referenced in Section 8 -1 -3 of the Village Code " Section 2- That Subsection A (Subdivision Improvement Agreement) of Section 14 -4 -4 (Agreements And Performance Guarantee) of Chapter 4 (Final Plat Procedures And Requirements) of Title 14 (Subdivision Regulations) be amended by the addition of Number 12 and will read as follows "12 That the hydrant benchmark listing referenced in Section 14 -6 -3133 shall be submitted " Section 3- That Subsection C. (Letters of Credit) of Section 14 -4 -4 (Agreements And Performance Guarantee) of Chapter 4 (Final Plat Procedures And Requirements) of Title 14 (Subdivision Regulations) be amended by the deletion of 3 f in its entirety. Section 4• That Section 14 -6 -1 (Conformance Required) of Chapter 6 (General Design And Development Standards) of Title 14 (Subdivision Regulations) will be amended by the addition of the following sentence at the end of the paragraph "The proposed improvements shall be designed and constructed substantially in compliance with the Public Works Construction Standards as referenced in Section 8 -1 -3 of the Village Code." Section 5 That Subsection B 4 (Lot Design Standards) of Section 14 -6 -2 (Design Standards) of Chapter 6 (General Design And Development Standards) of Title 14 (Subdivision Regulations) be amended to read as follows Ordinance 2005- ZO -TA -G -781 Amending Certain Sections of Title 14 Page 2 of 10 "4 Minimum lot areas, dimensions and setback lines shall conform to the provisions of the zoning ordinance for the district in which the subdivision is located within the corporate limits of the Village Lot sizes in those areas outside the corporate limits shall be in conformance with the applicable ordinances regulating lot sizes outside the corporate boundaries." Section 6. That Subsection C 3. (Sanitary Sewer System) of Section 14 -6 -3 (Land Improvement Standards) of Chapter 6 (General Design And Development Standards) of Title 14 (Subdivision Regulations) is amended to read as follows. "3 All sanitary sewers will be checked on completion in accordance with the appropriate sanitary district's requirements This work will be the responsibility of and at the cost of the developer The developer shall meet the record drawing requirements of Section 14- 6-4A." Section 7: That Section 14 -7 -5 (Certificates) of Chapter 7 (Administration and Enforcement) of Title 14 (Subdivision Regulations) be deleted in its entirety and amended to read as follows 14 -7 -5 CERTIFICATES: OWNER'S CERTIFICATE STATE OF ILLINOIS SS COUNTY OF DUPAGE This is to certify that the undersigned is the owner of the land described in the annexed plat, and has caused the same to be surveyed and subdivided, as indicated thereon, for the uses and purposes therein set forth, and does hereby acknowledge and adopt the same under the style and title thereon indicated. The undersigned hereby dedicates for public use the lands shown on this plat for thoroughfares, streets, alleys and public services; and hereby also reserves for and grants easements for public use and for the installation of various public utilities as designated and/or as stated In the utility easement provisions which are stated hereon. All easements indicated as public utility easements on this plat are reserved for and granted to the Village of Oak Brook and to those public and private utility companies operating within the Village including, but not limited to, Ameritech, Commonwealth Edison Company, Northern Illinois Gas Company, Downers Grove* or Hinsdale* Sanitary District, and their successors and assigns for the perpetual right, privilege and authority to install, construct, reconstruct, inspect, replace, alter, enlarge, remove, repair, clean, operate and maintain various utility, transmission, distribution, collection and drainage systems together with any and all necessary buffalo boxes, connections, hydrants, manholes, catch basins, pipes, sanitary or storm sewers, swales, water mains, cables, wires, conduits, transformers, pedestals, and without limitation such other appurtenances or devices as may be deemed necessary by said Village or utility company upon, along, under and through said indicated Ordinance 2005- ZO -TA -G -781 Amending Certain Sections of Title 14 Page 3 of 10 easements, together with right of access across the property for necessary workers and equipment to do any of the above work and the right is also granted to cut down, trim or remove any trees, shrubs or other plants on the easement that interfere with the operation of sewers or other utilities. No permanent buildings or structures shall be placed on said easements, except as referenced above, but same may be used for gardens, shrubs, landscaping and other purposes that do not then or later interfere with the aforesaid uses or rights. Whenever the Village or affected utility company determines that any tree, shrubs, vegetation, or other structures or objects (herein collectively known as "obstruction ") on said easements interfere with the aforesaid uses or rights, the Village or utility company has the right, but not the obligation, to remove the obstruction at the property owner's expense. The Village or affected utility company will apply grass seed where the obstruction has been removed, but is not required to replace or repair any obstruction. All installations are subject to the ordinances of the Village of Oak Brook. Address Dated this day of , 20 ( *Insert only applicable agency where italicized) NOTARY CERTIFICATE STATE OF ILLINOIS SS COUNTY OF DUPAGE I, , a Notary Public in and for said County, in the state aforesaid, do hereby certify that personally known to me to be the same persons whose names are subscribed to the aforesaid instrument as such owners, appeared before me this day in person and acknowledged that they signed the annexed plat as their own free and voluntary act for the uses and purposes therein set forth Given under my hand and Notarial Seal this day of .20 Notary Public SURVEYOR'S CERTIFICATE STATE OF ILLINOIS SS COUNTY OF DUPAGE Ordinance 2005- ZO -TA -G -781 Amending Certain Sections of Title 14 Page 4 of 10 This is to certify that I, , Registered Illinois Land Surveyor No. , have surveyed and subdivided the following described property (Insert legal description) as shown by the annexed plat, which is a correct representation of said survey and subdivision. All distances are shown in feet and decimals thereof I further certify that all regulations enacted by the President and Board of Trustees of the Village of Oak Brook relative to plats and subdivisions have been complied with in preparation of this plat I further certify that the land is within the Village of Oak Brook (or within 1' /2 miles of the corporate limits of the Village of Oak Brook) which has adopted a Village Comprehensive Plan and Map and is exercising the powers authorized by Division 12 of Article 11 of the Illinois Municipal Code as amended. I further certify that apart of* (all of *)(none of *) the lands shown on this plat are located within a special flood hazard area as identified by the Federal Emergency Management Agency Given under my hand and seal at , Illinois, this day of 120 ( *Insert only applicable portion where italicized) SCHOOL DISTRICT CERTIFICATE STATE OF ILLINOIS SS COUNTY OF DUPAGE This is to certify that I, , as owner of the property described as the Subdivision and legally described on this plat of the same name, have determined, to the best of my knowledge, the school districts in which each of the following lots lies: i School Districts Lot Numbers) Elementary High School Ordinance 2005- ZO -TA -G -781 Amending Certain Sections of Title 14 Page 5 of 10 Dated this day of , 20 Address NOTARY CERTIFICATE STATE OF ILLINOIS SS COUNTY OF DUPAGE ) I, a Notary Public in and for said County, in the state aforesaid, do hereby certify that personally known to me to be the same persons whose names are subscribed to the aforesaid instrument as such owners, appeared before me this day in person and acknowledged that they signed the annexed plat as their own free and voluntary act for the uses and purposes therein set forth Given under my hand and Notarial Seal this day of , 20 Notary Public CERTIFICATE AS TO SPECIAL ASSESSMENTS STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) I, , Village Treasurer of the Village of Oak Brook do hereby certify that there are no delinquent or unpaid current or forfeited special assessments or any deferred installments thereof that have been apportioned against the tract of land included in the plat. Dated at Oak Brook, DuPage County, Illinois, this day of , 20 Treasurer Ordinance 2005- ZO -TA -G -781 Amending Certain Sections of Title 14 Page 6 of 10 COUNTY CLERK CERTIFICATE STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) I, , County Clerk of DuPage County, Illinois, do hereby certify that there are no delinquent general taxes, no unpaid forfeited taxes, and no redeemable tax sales against any of the land included in the annexed plat. Given under my hand and seal at Wheaton, DuPage County, Illinois, this day of , 20 County Clerk COUNTY RECORDER'S CERTIFICATE STATE OF ILLINOIS SS COUNTY OF DUPAGE ) This instrument was filed for record in the Recorder's Office of DuPage County, Illinois, on the day of , 20 , at o'clock m , and was recorded in Book of Plats on Page Recorder of Deeds DRAINAGE CERTIFICATE STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) To the best of our knowledge and belief, the drainage of surface waters will not be changed by the construction of such subdivision or any part thereof, or, that if such surface water drainage will be changed, reasonable provision has been made for collection and diversion of such Ordinance 2005- ZO -TA -G -781 Amending Certain Sections of Title 14 Page 7 of 10 surface waters into public areas, or drains which the subdivider has a right to use, and that such surface waters will be planned for in accordance with generally accepted engineering practices so as to reduce the likelihood of damage to the adjoining property because of the construction of the subdivision Dated this day of , 20 Engineer Owner or Attorney PLAN COMMISSION CERTIFICATE STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) Approved by the Plan Commission of the Village of Oak Brook, DuPage County, Illinois, this day of , 20 Chairman SANITARY DISTRICT CERTIFICATE STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) I, , Secretary of the Sanitary District, DuPage County, Illinois, hereby certify that there are no delinquent or unpaid current or forfeited special assessments or any deferred installments thereof that have been confirmed against the tract of land included In the plat. Dated at , Illinois, this day of , C Secretary Ordinance 2005- ZO -TA -G -781 Amending Certain Sections of Title 14 Page 8 of 10 VILLAGE CLERK'S CERTIFICATE STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) I, , Village Clerk of the Village of Oak Brook, Illinois, hereby certify that the annexed plat was presented to and by resolution duly approved by the Village Board of said Village at its meeting held on , 20 , and that the required bond or other guarantee has been posted for the completion of the improvements required by the regulations of said Village. In witness whereof I have hereto set my hand and the seal of the Village of Oak Brook, Illinois, this day of , 20 Village Clerk VILLAGE ENGINEER'S CERTIFICATE STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) I, , Village Engineer of the Village of Oak Brook, Illinois, hereby certify that the land improvements described in the annexed plat and the plans and specifications therefor meet the minimum requirements of said Village and have been approved by all public authorities having jurisdiction thereof. Dated at Oak Brook, DuPage County, Illinois, this day of .20 Village Engineer B Ordinance 2005- ZO -TA -G -781 Amending Certain Sections of Title 14 Page 9 of 10 CERTIFICATE OF COUNTY ENGINEER (if required) STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) This plat has been approved by the DuPage County Division of Transportation with respect to roadway access to County Highway , pursuant to 765 ILCS 205/2, however, a highway permit for access is required of the owner of the property prior to construction within the County Right -of -way Dated this day of , 20 County Engineer CERTIFICATE OF STATE HIGHWAY DEPARTMENT (if required) STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) This plat has been approved by the Illinois Department of Transportation with respect to roadway access pursuant to Section 2 of "An Act to revise the law in relation to plats," as amended. A plan that meets the requirements contained in the Department's "Policy on Permits for Access Driveways to State Highways" will be required by the Department. Dated this day of , 20 District Engineer Illinois Department of Transportation El Ordinance 2005- ZO -TA -G -781 Amending Certain Sections of Title 14 Pagel 0 of 10 CERTIFICATE OF HEALTH DEPARTMENT (if required) STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) Approved this day of , 20 Senior Environmental Engineer Section 8 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict Section 9 This ordinance shall be in full force and effect from and after its passage, approval and publication as required by law APPROVED THIS 14th day of June, 2005 Kev)6 Quinlan, Village President PASSED THIS 14th day of June, 2005. Ayes Trustees Aktipis, Craig, Kennedy, Manofsky and Sanford Nays None Absent Trustee Yusuf •0 1 ' ATTEST: CD Linda K. Gonnella, CMC Village Clerk