The following procedure applies to subdivision plat review in McHenry County. All plats are subject to a three (3) step review procedure (a sketch plan, preliminary plat and final plat), except plats of vacation and plats of technical adjustments which require a one (1) step review as described in §§ 16.24.040D. (Plat of Vacation) and 16.24.040E.(Technical Adjustment) in this section. Submittal requirements are found within § (Submittal Requirements).
A. Sketch Plan. A property owner or other person expressly authorized by the owner in writing may initiate a sketch plan process by completing application forms as provided by the Department of Planning and Development and the payment of fees as required by the County adopted fee ordinance.
1. The applicant shall submit four (4) copies of a sketch plan prepared in accordance with the requirements of this section to the Department of Planning and Development and one (1) copy to each applicable township highway commissioner. Additionally, one (1) electronic copy of the sketch plan shall be submitted to the Department of Planning and Development. Sketch plans shall be submitted at least twenty-eight (28) calendar days prior to the Staff Plat Review Committee meeting where they will be considered.
2. The Department of Planning and Development will distribute a copy of the sketch plan to the Staff Plat Review Committee. The following individuals and organizations shall also be notified by the Department of Planning and Development of the place, date, and the time of the meeting where the sketch plan will be considered.
a. Owner and designated representative.
b. Applicable fire protection district(s).
c. McHenry-Lake County Soil and Water Conservation District.
d. Each municipality within one and one-half (1½) miles of the subdivision.
e. Applicable school district(s).
f. Applicable township highway commissioner(s).
g. Illinois Department of Transportation (where applicable).
h. Applicable township supervisor(s).
i. Utility company representatives including, but not limited to, cable TV companies, telephone companies, electric companies, sewer and water utility companies, and gas companies.
j. McHenry County Conservation District.
k. Watershed groups and active Drainage Districts with plans that have been adopted or accepted by the County Board covering the property in question.
3. The property owner or designated representative is required to be present when the Staff Plat Review Committee reviews and evaluates the sketch plan.
B. Preliminary Plat.
1. A property owner or other person expressly authorized by the owner in writing may initiate the preliminary plat process by completing application forms as provided by the Department of Planning and Development and the payment of fees as required by the County adopted fee ordinance.
2. The applicant shall submit four (4) copies of a preliminary plat and preliminary engineering drawings prepared in accordance with the requirements of this section to the Department of Planning and Development and one (1) copy to each applicable township highway commissioner, fire district, nearest municipal planning commission within one and one-half (1½) miles of the proposed subdivision or municipality within one and one-half (1½) miles that is granted planning authority through an intergovernmental boundary agreement, and school district. Additionally, one (1) electronic copy of the preliminary plat and preliminary engineering drawings shall be submitted to the Department of Planning and Development.
3. Preliminary plats and preliminary engineering drawings shall be submitted at least twenty eight (28) calendar days prior to the Staff Plat Review Committee meeting where it will be considered.
4. The Department of Planning and Development will distribute a copy of the preliminary plat to the Staff Plat Review Committee. The following individuals and organizations shall also be notified by the Department of Planning and Development of the place, date, and the time of the meeting where the preliminary plat will be considered.
a. Owner and designated representative.
b. Applicable fire protection district(s).
c. McHenry-Lake County Soil and Water Conservation District.
d. Each municipality within one and one-half (1½) miles of the subdivision.
e. Applicable school district(s).
f. Applicable township highway commissioner(s).
g. Illinois Department of Transportation (where applicable).
h. Applicable township supervisor(s).
i. Utility company representatives including, but not limited to, cable TV companies, telephone companies, electric companies, sewer and water utility companies, and gas companies.
j. McHenry County Conservation District.
k. Watershed groups and active Drainage Districts with plans that have been accepted or adopted by the County Board covering the property in question.
5. The property owner or designated representative is required to be present when the Staff Plat Review Committee reviews the preliminary plat.
6. Approval of the preliminary plat by the Staff Plat Review Committee and a letter from each applicable school district indicating whether a school site or a cash donation in lieu of land is required prior to submission of the preliminary plat to the Planning, Environment, and Development Committee for their review.
7. A rejected preliminary plat may be appealed to the Planning, Environment, and Development Committee, the Public Health Administrator, or Board of Health Hearing Committee if the appeal is related to construction of private sewer or water systems. Such appeal shall be submitted to the Department of Planning and Development within ninety (90) calendar days of vote by the Staff Plat Review Committee denying plat approval and shall be placed on the agenda of the next available meeting for the appropriate body. Appeals related to private sewer and water systems must be filed with the Public Health Administrator in accordance with the provisions of the Public Health Ordinance (§ 8.04.040).
8. It is the applicant’s responsibility to request that the Department of Planning and Development submit the preliminary plat and preliminary engineering drawings, as approved by the Staff Plat Review Committee, to the Planning, Environment, and Development Committee within one hundred eighty (180) calendar days from the date of approval by the Staff Plat Review Committee. If a preliminary plat has been conditionally approved by the Staff Plat Review Committee, all conditions of approval shall be met and four (4) copies of the revised plat and engineering drawings submitted to the Department of Planning and Development, and an electronic copy, before the preliminary plat may be forwarded to the Planning, Environment, and Development Committee. If the applicant fails to submit the revised plat and engineering drawings, or if the applicant fails to request that the approved preliminary plat be submitted to the Planning, Environment, and Development Committee within one hundred eighty (180) calendar days, the preliminary plat shall be void.
9. Approval of the preliminary plat by the Planning, Environment, and Development Committee is required prior to the submission of a final plat.
10. The preliminary plat shall be approved by the planning commission of the closest municipality within one and one-half (1½) miles of the proposed subdivision or by the municipality within one and one-half (1½) miles that is granted planning authority through an intergovernmental boundary agreement.
11. Following approval of a preliminary plat by the Planning, Environment, and Development Committee, a final plat shall be recorded within two (2) years or the preliminary plat shall be void. When approval is void, the preliminary plat shall again be reviewed and approved by the Staff Plat Review Committee and the Planning, Environment, and Development Committee before a final plat may be submitted.
C. Final Plat.
1. A property owner or other person expressly authorized by the owner in writing may initiate the final plat process by completing application forms as provided by the Department of Planning and Development and the payment of fees as required by the County adopted fee ordinance.
2. A final plat shall be recorded within two (2) years of the approval of the preliminary plat by the Planning, Environment, and Development Committee. A final plat may be recorded in phases. The first phase shall be recorded within two (2) years of approval of the preliminary plat by the Planning, Environment, and Development Committee.. The application for a final plat for a phased development shall include a proposed schedule for the recording of each subsequent phase, to be approved by the Planning, Environment, and Development Committee.
3. The applicant shall submit four (4) copies of the final plat and four (4) copies of the final engineering drawings and reports to the Department of Planning and Development and one (1) copy of the final plat and the final engineering drawings and reports to each applicable township highway commissioner, fire district, school district, and to the nearest municipality within one and one-half (1½) miles of the property or the municipality within one and one-half (1½) miles of the property that is granted planning authority through an intergovernmental boundary agreement. Additionally, one (1) electronic copy of the final plat and the final engineering drawings and reports shall be submitted to the Department of Planning and Development.
4. Final plat and the final engineering drawings and reports shall be submitted at least twenty-eight (28) calendar days prior to the Staff Plat Review Committee meeting at which they are to be considered.
5. The Department of Planning and Development will distribute a copy of the final plat and the final engineering drawings and reports to the Staff Plat Review Committee. The following individuals and organizations shall also be notified by the Department of Planning and Development of the place, date, and the time of the meeting where the final plat will be considered.
a. Owner and designated representative.
b. Applicable fire protection district(s).
c. McHenry-Lake County Soil and Water Conservation District.
d. Each municipality within one and one-half (1½) miles of the subdivision.
e. Applicable school district(s).
f. Applicable township highway commissioner(s).
g. Illinois Department of Transportation (where applicable).
h. Applicable township supervisor(s).
i. Utility company representatives including, but not limited to, cable TV companies, telephone companies, electric companies, sewer and water utility companies, and gas companies.
j. McHenry County Conservation District.
k. Watershed groups and active Drainage Districts with plans that have been accepted or adopted by the County Board covering the property in question.
6. The property owner or designated representative is required to be present when the Staff Plat Review Committee reviews the final plat.
7. Approval of the final plat by the Staff Plat Review Committee and completion of all requirements of this section is required prior to submission of the final plat to the Planning, Environment, and Development Committee.
8. A rejected final plat may be appealed to the Planning, Environment, and Development Committee. Such appeal shall be submitted to the Department of Planning and Development within ninety (90) calendar days of vote by the Staff Plat Review Committee denying plat approval and shall be placed on the agenda of the next available Planning, Environment, and Development Committee meeting. Appeals related to private sewer and water systems must be filed with the Public Health Administrator in accordance with the provisions of the Public Health Ordinance (§ 8.04.040).
9. It is the applicant’s responsibility to request the Department of Planning and Development submit the final plat, as approved by the Staff Plat Review Committee, to the Planning, Environment, and Development Committee within one hundred eighty (180) calendar days of approval by the Staff Plat Review Committee. If a final plat has been conditionally approved by the Staff Plat Review Committee, all conditions of approval shall be met and four (4) copies of the revised final plat and drawings submitted to the Department of Planning and Development. Additionally one (1) electronic copy of the revised final plat and final engineering drawings shall be forwarded to the Planning and Development Committee. The applicant shall submit the revised final plat and final engineering drawings to the Staff Plat Committee for re-review within one hundred eighty (180) calendar days. The applicant shall request that the approved final plat and final engineering drawings be submitted to the Planning, Environment, and Development Committee within one hundred eighty (180) calendar days.
10. In accordance with state statute, the Planning, Environment, and Development Committee shall hold a public hearing in conjunction with their approval of final plats with regard to the establishment of a backup Special Service Area, if required.
11. It is the applicant’s responsibility to make arrangements to obtain all signatures needed to finalize the final plat, other than the County Board chairman. When all signatures required on the final plat have been obtained, the property owner may submit the final plat to the Planning, Environment, and Development Committee.
12. The final plat shall be approved by the Planning, Environment, and Development Committee before submittal to the County Board for consideration. The applicant shall request that the final plat be submitted to the County Board within one hundred eighty (180) calendar days of approval by the Planning, Environment, and Development Committee.
13. Following approval by the Planning, Environment, and Development Committee, the Planning, Environment, and Development Committee chairman and Zoning Enforcement Officer shall affix their signatures to the preliminary plat and a final plat may be scheduled for review by the County Board in accordance with its adopted agenda procedures.
14. After a final plat has been approved by the County Board, it will be placed in the custody of the McHenry County Clerk, who shall obtain the signatures of the County Board chair, and attest to that signature on the plat.
15. After a final plat has been recorded and digitally scanned, the property owner shall obtain the number of copies specified by the Zoning Enforcement Officer, and deliver them to the Department of Planning and Development for distribution to the voting members of the Staff Plat Review Committee. The Department of Planning and Development may refuse to issue building permits for lots in the subdivision until the required number of copies is submitted pursuant to the Plat Act (765 ILCS 205/56).
D. Plat of Vacation.
1. A property owner or other person expressly authorized by the owner in writing may initiate the plat of vacation process by completing application forms as provided by the Department of Planning and Development and the payment of fees as required by the County adopted fee ordinance.
2. An applicant shall submit four (4) copies of the plat of vacation prepared in accordance with the requirements of this section to the Department of Planning and Development, and one (1) copy to the applicable township highway commissioner, fire district, county engineer, IDOT District Engineer, and to the public utility or utilities involved. Additionally, one (1) electronic copy of the plat shall be submitted to the Department of Planning and Development.
3. A plat of vacation shall be submitted to the Department of Planning and Development at least twenty-eight (28) calendar days prior to the Staff Plat Review Committee meeting where it will be considered.
4. The Department of Planning and Development will distribute a copy of the plat to the Staff Plat Review Committee. The Department of Planning and Development will notify the following individuals and organizations of the place, date, and the time of the meeting where the plat will be considered.
a. Owner and designated representative.
b. Applicable fire protection district(s).
c. McHenry-Lake County Soil and Water Conservation District.
d. Each municipality within one and one-half (1½) miles of the subdivision.
e. Applicable school district(s).
f. Applicable township highway commissioner(s).
g. Illinois Department of Transportation (where applicable).
h. Applicable township supervisor(s).
i. Utility company representatives including, but not limited to, cable TV companies, telephone companies, electric companies, sewer and water utility companies, and gas companies.
j. McHenry County Conservation District.
k. Watershed groups and active Drainage Districts with plans that have been accepted or adopted by the County Board covering the property in question.
5. The owner or designated representative is required to be present when the Staff Plat Review Committee reviews the plat.
6. Staff Plat Review Committee approval of the plat of vacation is required prior to submission of the plat to the Planning, Environment, and Development Committee.
7. Staff Plat Review Committee approval of the plat of vacation and completion of all requirements of this section are required prior to submission of the final plat of vacation to the Planning, Environment, and Development Committee.
8. A rejected plat of vacation may be appealed to the Planning, Environment, and Development Committee within ninety (90) calendar days of the vote by the Staff Plat Review Committee denying plat approval and shall be placed on the agenda of the next available Planning, Environment, and Development Committee meeting.
9. It is the property owner’s responsibility to request the Department of Planning and Development submit the plat of vacation, as approved by the Staff Plat Review Committee, to the Planning, Environment, and Development Committee. If a plat has been conditionally approved by the Staff Plat Review Committee, all conditions of approval shall be met before the plat may be forwarded to the Planning, Environment, and Development Committee. If the applicant fails to submit the revised plat of vacation, or if the applicant fails to request that the approved plat of vacation be submitted to the Planning, Environment, and Development Committee within one hundred eighty (180) calendar days, the plat of vacation shall be void.
10. The plat of vacation shall be approved by the Planning, Environment, and Development Committee before it can be submitted to the County Board for consideration. The applicant shall request the plat of vacation be submitted to the County Board within one hundred eighty (180) days of approval by the Planning, Environment, and Development Committee.
11. Following Planning, Environment, and Development Committee approval, the Planning, Environment, and Development Committee chairman and Zoning Enforcement Officer shall affix their signatures to the plat of vacation and the plat of vacation will be scheduled for County Board approval in accordance with its adopted agenda procedures.
12. After a plat of vacation has been approved by the County Board, it is in the custody of the McHenry County Clerk, who shall obtain the signatures of the County Board chairman, and attest to that signature on the plat. When all signatures required on the plat have been obtained, the property owner may obtain the plat of vacation from the McHenry County Clerk and present it to the McHenry County Recorder’s Office for recording.
13. After a plat of vacation has been recorded and digitally scanned, the property owner shall obtain the number of copies specified by the Zoning Enforcement Officer, and deliver them to the Department of Planning and Development.
14. The plat of vacation must be filed with the McHenry County Recorder within one hundred eighty (180) calendar days from the date of approval by the County Board. If the plat of vacation is not filed with the McHenry County Recorder within one hundred eighty (180) calendar days, the plat of vacation is void and the applicant shall submit a new plat of vacation application to the Staff Plat Review Committee for review and approval.
E. Plat of Technical Adjustment.
1. The following actions are eligible for plat of technical adjustment.
a. A minor change in the boundary between two (2) contiguous lots where both lots continue to conform to the underlying zoning requirements.
b. The division of a single lot into two (2) lots as long as both lots conform to the underlying zoning requirements.
c. The consolidation of two (2) lots into a single lot as long as the resulting lot conforms to the underlying zoning requirements.
d. A conveyance of land made to correct a description in a prior conveyance.
e. A revision of a plat to match a vacation of a township right-of-way by the township highway commissioner.
f. The removal or relocation of any easement, including but not limited to, drainage way, stormwater management, pedestrian trail and path, or access easements.
g. The modification, creation, or elimination of a designated water well installation area, water well, or septic system restricted area, or designated on-site wastewater treatment system installation area.
2. A property owner or other person expressly authorized by the owner in writing may initiate the plat of technical adjustment process by completing application forms as provided by the Department of Planning and Development and the payment of fees as required by the County adopted fee ordinance.
3. An applicant shall submit a plat of technical adjustment application that describes the proposed adjustment, on forms provided by the Department of Planning and Development, and submittal of fees in accordance with County adopted fee ordinance.
4. A plat of technical adjustment application shall be submitted to the Department of Planning and Development at least twenty-eight (28) calendar days prior to the Staff Plat Review Committee meeting where it will be considered.
5. The property owner or designated representative is required to be present when the Staff Plat Review Committee reviews the plat of technical adjustment application.
6. Approval of the plat of technical adjustment by the Staff Plat Review Committee is required.
7. If the subdivision is served by on-site wastewater treatment systems, the plat of technical adjustment shall fully comply with the requirements of the McHenry County Public Health Ordinance (Title 8 Chapter 8.04) and requires a signature by the Public Health Administrator.
8. The plat of technical adjustment must be filed with the McHenry County Recorder within one hundred eighty (180) calendar days from the date of approval by the Staff Plat Review Committee. If the plat of technical adjustment is not filed with the McHenry County Recorder within one hundred eighty (180) calendar days, the plat of technical adjustment is void and the applicant shall submit a new plat of technical adjustment application to the Staff Plat Review Committee for review and approval.
(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 6.4; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018; Ord. O-202301-12-003, passed 1-17-2023)