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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
Mark Phipps, New Development Coordinator
DATE: November 25, 2020
SUBJECT:
An Ordinance amending Chapter 43 of the Code of Ordinances, City of Aurora, Illinois, commonly known as the “Subdivision Control Ordinance”
PURPOSE:
The purpose of this Ordinance is to amend Chapter 43 of the Code of Ordinance to update outdated nomenclature, clarify certain standards and update procedures and standards based on best practices.
BACKGROUND:
The Subdivision Control Ordinance was last updated by Ordinance O10-055 on September 14, 2010.
DISCUSSION:
The Engineering Division’s proposed Subdivision Control Ordinance revisions fit into one of three categories. Some revisions simply replace outdated nomenclature. Others are minor text revisions in order to add clarity or to ensure terms are used consistently throughout the Ordinance. The final category of revisions are updates to procedures or standards based on current best practices. Proposed revisions that are typical of each category are provided below; however, this is not a complete list of the Engineering Division’s proposed revisions.
Replace outdated nomenclature
• Replaced “Aurora Sanitary District” with “Fox Metro Water Reclamation District” throughout the Ordinance since the District’s name has changed
• Replaced “specifications for improvements” with “arboricultural specifications manual” throughout the Ordinance as the reference for plants
Minor text revision (clarification or consistency)
• Definition of “easement” (the City may grant rights to a wider variety of legal entities)
• Replaced “standard specifications” with “Standard Specifications for Improvements” for consistency throughout the Ordinance
• Replaced “state registered” with “Illinois licensed” professional engineer for consistency throughout the Ordinance
• Allowed substitution of an asphalt path in lieu of a sidewalk on one side of the street, at the City’s discretion
Update procedures/standards based on current best practices
• Updated the procedures and requirements for approval of a preliminary plat
• Update the procedures and requirements for approval of final plats
• Update the procedures and requirements for approval of variances
• Deleted the lot size requirements for residential lots not served by public sewers and water
• Reduced the number of benchmarks required
• Required most utilities to be located in rear-yard easements
RECOMMENDATIONS:
Staff would recommend the Ordinance amending Chapter 43 of the Code of Ordinances, City of Aurora, Illinois, commonly known as the “Subdivision Control Ordinance”
ATTACHMENTS:
Exhibit "A" Text Amendment
cc:
Alderman Carl Franco, Chairperson
Alderman Emmanuel Llamas, Vice Chairperson
Alderman Edward J. Bugg
Alderman Bill Donnell
Alderman Patty Smith
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance amending Chapter 43 of the Code of Ordinances, City of Aurora, Illinois, commonly known as the “Subdivision Control Ordinance"
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, WHEREAS, the City Council of the City of Aurora has determined that it is necessary and desirable to amend Chapter 43, being the Subdivision Control Ordinance, in order to update and improve certain Sections of said Ordinance to better carry out the purpose and intent of said Ordinance; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Three: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Four: That the amendments to Chapter 43, being the Subdivision Control Ordinance, are hereby adopted as set forth in said Exhibit “A”.
Section Five: That except as set forth in Section Six, this Ordinance shall be in full force and effect, and shall be controlling, on and after January 1, 2020.
Section Six: The City Clerk and the Corporation Counsel, immediately upon approval of this ordinance, shall be and hereby are jointly and individually authorized to oversee the codification of the provisions set forth in Exhibit "A". To the extent that the codification requires any alterations to the numbering or other formatting of any of the provisions to conform to the structure or format of the code, such alterations and changes to any internal references corresponding thereto are expressly authorized.