[Adopted as Ch. 12.16 of the 1997 Code]
The corporate authorities of the City have found, determined
and declared that it is for the health, safety and welfare of the
citizens of the City that provisions be made and provided for in the
City's codes and ordinances to require that streets, roads and traffic
ways that exist in territory annexed to the City be upgraded to meet
the standards of design and construction the City requires for subdivision
streets in the City, where the streets, roads and traffic ways are
not in compliance therewith at the time of annexation. Consequently,
the owners and developers of property annexed to the City which adjoins
streets, roads and traffic ways that are not constructed in accordance
with the standards established for street layout and construction
in the City's Subdivision Code shall be required to conform to the
following principles and standards of land development in the development
of their property after it is annexed to the City.
Where property is to be annexed to the City on petition of all
owners of record of property in the territory sought to be annexed
(being annexations pursuant to 65 ILCS 5/7-1-1 and 5/7-1-8 of the
Illinois Municipal Code, as amended), which annexation territory includes
one or more county roads, township roads or other public rights-of-way
the design and/or construction of which does not meet the standards
required for street design and construction established by the City's
Municipal Code, as determined by the City Council with the advice
of the City Engineer, before annexation of the property to the City,
the City Council may require the property owners to make and enter
into an annexation agreement (as authorized by 65 ILCS 5/11-15.1-1
et seq. of the Illinois Municipal Code, as amended) with the property
owners to require that the public ways be upgraded by the property
owners to comply with the City's Municipal Code (as the City Code
exist on the date of the annexation or as the City Code exists at
the time the road improvements are required to be made by the annexation
agreement, whichever the City shall decide). The annexation agreement
may provide for, among other things, dedication of property to be
utilized for street right-of-way, and/or drainage, and may provide
for the property owners paying or contributing to the costs of widening,
surfacing and/or resurfacing the subject roadways and such other improvements
to the roadway as the City shall determine.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Where property is to be annexed to the City without the consent
of all owners of record of property in the territory sought to be
annexed (including annexations pursuant to 65 ILCS 5/7-1-2 through
5/7-1-7 and 5/7-1-13 of the Illinois Municipal Code, as amended),
which annexation territory includes one or more county roads, township
roads or other public rights-of-way the design and/or construction
of which does not meet the standards required for street design and
construction established by the City's codes as determined by the
City Council with the advice of the City Engineer, prior to approving
a plat for the subdivision of property in the annexation territory
that will utilize the public right-of-way for access to the subdivision
and/or prior to the City's Building Official issuing a building permit
for a building to be constructed on property in the annexation territory
that will utilize the public right-of-way for access to the property
on which the building is located, the City may require the property
owner to make and enter into a cooperation agreement (as authorized
by section 10 of Article VII of the 1970 Constitution of the State
of Illinois) with the property owners to require that the public ways
be upgraded by the property owners to comply with the City's Code
(as the City's Code exists on the date of the annexation or as the
City's Code exists at the time the road improvements are required
to be made by the cooperation agreement, whichever the City shall
decide). The annexation agreement may provide for, among other things,
dedication of property to be utilized for street right-of-way, and/or
drainage, and may provide for the property owners paying or contributing
to the costs of widening, surfacing and/or resurfacing the subject
roadway and such other improvements to the roadway as the City shall
determine.
