Zoneomics Logo
search icon

Bolingbrook City Zoning Code

ARTICLE XIII

ANNEXATIONS

Sec. 54-1095.- Application, supporting documentation and fees.

(a)

All requests by any person for consideration by the corporate authorities of the village of a proposed annexation agreement which provides, among other things, for the annexation and development of land for residential, commercial or other use or of an amendment to such an annexation agreement shall be accompanied by evidence of the applicant's title to the land proposed to be annexed or, if the applicant is not the title holder, then evidence of the applicant's authority to act for and bind the title holder, including a copy of any option or contract that the applicant has to purchase the land.

(b)

Such requests shall also be accompanied by an application form, which form may be obtained from the community development department of the village and an application fee in the amount as provided in the village fee schedule, unless the annexation agreement provides for the issuance of a special use for planned unit development, in which case the application fee shall be as provided in the village fee schedule. In addition, if a public hearing is held, the applicant shall reimburse the village for the publication costs of a legal notice announcing the public hearing.

(Code 1973, § 8-1001; Ord. No. 94-087, 7-26-1994)

Sec. 54-1096. - Notice of hearing.

(a)

Publication of notice. The board of trustees shall publish notice of the hearing on each proposed annexation agreement at least once, not less than 15 days nor more than 30 days before such hearing, in a newspaper published within the village, if no newspaper is published within the village then in a newspaper of general circulation within the village.

(b)

Posting of notice signs. The applicant shall publish notice of the proposed agreement by erecting at least one but not more than four signs to be furnished by the applicant at his own cost on the land which is the subject of the proposed agreement in the following manner:

(1)

Such signs shall be erected at least 15 but not more than 30 days prior to public hearing and removed within one week after the public hearing date specified on the signs. In no event shall the signs be removed prior to or on the date for the public hearing specified on the signs unless the application is withdrawn.

(2)

The applicant proposing an annexation agreement shall submit a $50.00 refundable deposit with the proposed annexation agreement which shall be forfeited if the applicant fails to maintain or remove the signs required by this section. The zoning administrator shall refund the deposit required by this section upon receipt of a written statement by the applicant that it has properly maintained and timely removed the signs.

(3)

Upon submission of the proposed annexation agreement, the village clerk shall promptly notify the zoning administrator who shall designate the place on the land where the signs are to be erected taking into consideration the location of land, the location of public streets, roads, rights-of-way and other means of access to the land, the placement of nearby buildings and the topography of the land.

(4)

The sign shall have a white background with 1.5 inches high black letters except that the words "public notice" shall be in three-inch-high red capital letters.

(5)

The face of the sign required by this section shall be at least 36 inches in height and 48 inches in length and shall read as follows:

PUBLIC NOTICE

Case No.___

This land is subject to a proposed annexation agreement. Public hearing will be held on ___ day of ________, 20___ at 8:00 p.m. in the Bolingbrook Village Hall, 375 West Briarcliff Road.

For information call the village zoning administrator at (630) 226-8460.

Village of Bolingbrook

Board of Trustees

Bolingbrook, Illinois

(c)

Compliance with section. No hearing shall be held on the proposed annexation agreement unless the applicant proposing the agreement complies with the requirements of this section.

(Code 1973, § 8-1002; Ord. No. 75-085, 11-4-1975)

Sec. 54-1097. - Amendments to annexation agreements.

(a)

Applicability. The provisions of this section shall apply to all proposed amendments to annexation agreements, except proposed amendments which are limited to an extension of the term of the agreement for a period not to exceed 120 days.

(b)

Procedure for submission. Any party to an annexation agreement may request an amendment to such agreement by filing with the village zoning administrator at least 140 days prior to the expiration date of an annexation agreement a petition for an amendment, including therewith a draft of such proposed amendment and any and all documents, data, plans or plats required by the village development code in support thereof.

(c)

Review by plan commission. The plan commission shall have 60 days from the initial date of a public hearing on any zoning, land use or planning matter involved in a proposed amendment to an annexation agreement to review such matters and make recommendations to the village board.

(d)

Review by village board. The mayor and board of trustees of the village shall take final action on a proposed amendment to an annexation agreement prior to the expiration date of the annexation agreement only if the applicant has complied in all respects with the provisions of this division.

(e)

Fee. An applicant for an amendment of an annexation agreement shall pay a non-refundable fee as provided in the village fee schedule, if the amendment involves a special use for planned development, to the village clerk upon filing an application for such amendment.

(f)

Agreement to reimburse village for costs. Upon filing an amendment to an annexation agreement, applicant shall execute an agreement in a form acceptable to the village pursuant to which the applicant agrees to reimburse the village for the cost and expense of services rendered by the village engineering department, public works department, fire prevention bureau, building department, planning department, and village attorney, and independent consultants of the village in reviewing, processing, and drafting any plans, plats, documents, data and specifications pertaining to the proposed amendment to an annexation agreement.

(g)

Statement of costs. Prior to final action on any proposed amendment to annexation agreement, the village shall prepare and submit to the applicant a written statement of all such costs and expenses for which the village is to be reimbursed. The cost and expense shall be based upon hourly rates for such services, established from time to time by the village board, exclusive of the time spent at public hearings.

(h)

Payment due before execution of agreement. Monies which are due to the village shall be paid by the applicant prior to execution of the amendment to or extension of the annexation agreement.

(Code 1973, § 8-1003; Ord. No. 94-087, 7-26-1994)