(a)

The board of trustees, upon finding that certain areas within the Village possess or encompass a sensitive biological balance, particular habitat, historical importance or scenic value, shall, by ordinance, designate such areas as environmentally significant areas and promulgate regulations to provide for the protective management of such areas.

(b)

This article recognizes that, because environmentally significant areas may contain certain important soil types, topography, hydrological characteristics and biological communities, there should be definite and specific limitations on building construction, development and land utilization within environmentally significant areas, designed to protect the values of such resources.

(c)

The major objective of designating areas as environmentally significant is to prevent damage to specific environmental features, prevent depletion or destruction of natural or cultural resources, prevent alteration of scenic views, prevent loss of or adverse effect on historic character and prevent reduction of educational value. Within an environmentally significant area, the board of trustees may designate an area as a primary area if it possesses specific environmental characteristics, features or habitats that require the highest degree of protection from adverse effects of incompatible development.

(d)

This article establishes an environmental review committee (ERC) whose purpose is to protect environmentally significant areas and primary areas from the problems of erosion, adverse impacts to cultural resources, flooding, sedimentation, water pollution, exhaustion of aquifers, stripping of forest cover and despoliation of wetlands.

(e)

The goal of the ERC shall be to guide development so as to make maximum use of the capabilities of the land, including preservation of open space and wildlife cover of locally endangered species of flora and fauna, and avoid all possible damage to the natural environment contained within the environmentally significant and primary areas.

(Code 1959, § 24.12D.1; Ord. No. 4512, 4-15-2003)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A-weighting means an electrical circuit inserted into noise measuring instruments to adjust the incoming signal in such a manner as to correspond to the way in which the human ear responds to noise.

Buffer area means an area between different land areas that is usually transitional between the two and is integrally related to and protective of one or both of the different land uses.

Contiguous means adjacent and parallel boundaries extending for a minimum of at least 100 feet.

Dbh means diameter of breast height of a tree, measured four feet above the existing grade.

Dripline means an imaginary vertical line that extends downward from the outermost tips of a tree's branches to the ground.

Endangered species habitat means the habitat necessary to maintain the existence of specific flora or fauna that are listed on the State or federal lists of endangered or threatened species.

Environmental plan (EP) means site development plans, graphic and narrative, that describe a proposed development, existing environmental features on a property, the potential adverse impacts of the development and the actions proposed to make the development environmentally compatible in accordance with sections 98-454—98-457.

Environmental review committee (ERC) means a committee of five—seven individuals, appointed by the board of trustees, that is collectively knowledgeable in planning, biology, hydrology, water quality, soil science, engineering, economics and the applicable agency permit criteria. The ERC reviews all EPs for developments within the environmentally significant area, makes recommendations on feasible modifications to meet environmental criteria or regulations and reports its findings to the hearing body.

Environmentally significant area (ESA) means a larger area encompassing an important natural or cultural resource (primary area) deemed significant by the Village. Such area is determined to be integrally related to the integrity and quality of a primary area through direct or indirect relationships (e.g., the Grove National Historic Site area, which is bounded by Milwaukee Avenue on the southwest, the Interstate 204 (tollway) on the west, Lake Avenue on the north, Glenbrook Estates and Glenview Woodland Subdivisions on the east, and the Chicago and Northwestern Railroad on the southeast).

Hazardous material means any substance listed as a hazardous material by the State Environmental Protection Agency or State department of transportation, and includes "hazardous waste" as defined by 35 III. Admin. Code 721.

Leq means the A-weighted energy mean of the noise level averaged over a 24-hour period. Such term can be considered as the continuous steady noise level that would have the same total A-weighted acoustic energy as the real fluctuating noise measured over the same period of time.

Plant life means all photosynthetic plants, including fungi, such as mycorrhizal fungi algae, mosses, forbs and trees, that comprise a community of a particular ecosystem.

Pond and lake mean a natural or artificial impoundment of water that retains water yearround.

Primary area (PA) means an important natural or cultural resource that possesses and/or encompasses a sensitive biological balance, particular habitat, historical importance or scenic value (e.g., an area defined as a national historic landmark, an area containing rare and/or endangered plants or animals, or an area containing wetlands) that require careful protection from direct importance or scenic value or indirect impacts from contiguous areas (specifically for the Grove National Historic Site Area, such area includes the contiguous woodland that represents the remaining remnants of the historic Kennicotts' Grove).

Wetland means lands characterized by the presence of water at a frequency and duration sufficient to support, and that under normal circumstances do support, a predominance of wetland vegetation or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction, that are commonly referred to as "ponds," "swamps," "marshes," "swales," "sloughs," and "wet meadows," and that should be construed in this definition to include drainageways.

Wildlife means native nondomesticated mammals, birds, reptiles, amphibians and fish.

Woodland means a forested area with a gross woody species basal area of 20 square feet or more per half acre and containing some trees greater than six inches in diameter at breast height (specifically for the Grove, the contiguous woodland that defines the primary area includes those areas of connected woodland or savanna remnants containing species associated with oak savanna and those areas imminently restorable to oak savanna).

(Code 1959, § 24.12D.2; Ord. No. 4512, 4-15-2003; Ord. No. 6398, § 12, 2-16-2021)

Cross reference— Definitions generally, § 1-2.

(a)

Principal objectives of designating primary areas within environmentally significant areas may include the following:

(1)

Preservation of the habitat of any federal or State listed endangered or threatened species or preservation of relatively undisturbed wildlife habitats of native species.

(2)

Maintenance or restoration of late succession vegetation or climax communities, especially deciduous forest and tall grass prairies that contain elements similar to the original vegetation of the region.

(3)

Preservation of the extent, function and value of wetlands, marshes, ponds and related aquatic and semiaquatic communities and their associated soils.

(4)

Preservation of historic resources, such as national historic sites, historic districts, historic homesteads, historic farm estates, historic architecture, archaeological sites or zones, or any property listed on or eligible for listing on the National Register of Historic Places.

(b)

Other objectives that may be used in support of the principal objectives set forth in subsection (a) of this section include the following:

(1)

Maintenance of a natural continuum of vegetation types.

(2)

Maintenance of the localized hydrological cycle and existing natural drainage patterns.

(3)

Preservation of localized topographic features and scenic views, including slopes, depressions, swales and bogs.

(4)

Preservation of the sedimentary and/or gaseous nutrient cycle.

(5)

Maintenance or restoration of a diversity and abundance of plant and animal species that is consistent with the overall community.

(c)

Environmentally significant areas and primary areas shall be surveyed in conjunction with resource professionals and professional land surveyors.

(Code 1959, § 24.12D.3; Ord. No. 4512, 4-15-2003)

The board of trustees shall establish an ERC. The ERC shall have jurisdiction over requests to designate areas within the Village as ESAs and all activities concerning areas within such ESAs. The ERC shall prepare rules of procedure, which shall be reviewed and approved by the Village Board of Trustees prior to adoption. All recommendations of the ERC shall be forwarded to the hearing body for hearing and recommendation to the board of trustees.

(Code 1959, § 24.12D.4(1); Ord. No. 4512, 4-15-2003; Ord. No. 6398, § 12, 2-16-2021)

No land clearing, alteration, addition, construction, demolition or other development shall take place on any land in the Village that is a designated ESA or PA, without compliance with the following regulations:

(1)

Any land clearing, alteration, addition, construction demolition or other development must be identified as within or outside an ESA.

(2)

If an action is determined to be partly or entirely within an ESA, it must then be determined whether the property on which the action is to occur is within or partly within the PA of the ESA.

(3)

If a proposed development on a property entirely or partly within an ESA does not contain any portion of a PA or is not contiguous to a PA, an EP must be prepared pursuant to the environmental plan requirement set A as set forth in section 98-457(b).

(4)

Any other action on a property that is wholly or partially within or contiguous to a PA must have an EP prepared pursuant to the environmental plan requirement sets A and B as set forth in section 98-457(a) and (b).

(5)

Construction activity shall be limited to a structural envelope and accessway as defined in the development plans. Such envelope and accessway shall be located and staked out on the ground before any clearing or construction takes place. The structural envelope and accessway shall be the minimum area necessary for the construction and use of the proposed improvements. This subsection shall apply to all site improvements, including all structures and other impervious areas.

(6)

All EPs shall be referred to the ERC and a hearing held thereon within a 45-day period to determine compliance of the proposed action with the appropriate criteria, requirements and other regulations stipulated in section 98-457. The ERC shall approve with modifications, or deny the plan within 105 days of the initial hearing.

(7)

When initial plans or redesign plans are determined by the ERC to have no significant negative environmental impact pursuant to criteria for approval set forth in section 98-457 and are otherwise in compliance with federal, State and local regulations, development or other action may proceed pursuant to the appropriate article of this chapter or chapter 66.

(Code 1959, § 24.12D.4(3)—(6), (8)—(10); Ord. No. 4512, 4-15-2003)

The provisions of section 98-455 shall not apply in the following instances:

(1)

Nonresidential construction or alterations in an area which has been previously lawfully disturbed or covered by a surface other than the natural land cover native to the ESA.

(2)

Nonresidential additions to existing structures which lie within the ESA as long as such additions do not extend beyond the existing outermost dimension of the buildings, and does not cover any previously undisturbed land.

(3)

Single-family residences existing as of January 16, 1990, which are contiguous to, or located in an ESA or PA. Such residences shall be considered to be surrounded by a use envelope, the outer perimeter of which shall be defined as a line 25 feet from the outer walls of the principal structure, or the lot line, whichever is the lesser distance. Within such envelope, the following changes may be made without submission of any plans to the Village above and beyond what is normally required for issuance of a construction permit:

a.

Room additions which do not increase the size of the principal structure to more than the bulk requirements of this section.

b.

Demolition of existing structures, and reconstruction of a new structure, within the confines of the use envelope existing as of January 16, 1990.

c.

Accessory uses as allowed in accordance with sections 98-213(a) and 98-213(b) only when within the specified building use envelope and additionally in compliance with the bulk regulations of section 98-214, or as provided in accordance with subsection (4).

d.

No additions or expansions or cumulative additions or expansions may be constructed beyond the use envelope existing as of January 16, 1990. No construction, structure, or construction related to it may extend beyond the building use envelope as it was configured on January 16, 1990.

(4)

Notwithstanding subsection (3), any permissible accessory building or structure, provided, such improvements are placed upon that portion of the lot which has been previously disturbed or covered by a surface other than the natural land cover native to the ESA or PA and the additional impervious area does not exceed five percent of the lot area, subject to section 98-101(b)(3).

(Code 1959, § 24.12D.4(7); Ord. No. 4512, 4-15-2003; Ord. No. 4888, § 2, 7-18-2006; Ord. No. 6159, § 6, 5-1-2018)

(a)

Approval criteria.

(1)

All EPs shall address all vegetation elements, wetlands, drainage, visual and other such environmental effects of proposed developments as they relate to the criteria and requirements, and be consistent with the intent of this article as set forth in section 98-451. The EP shall be in compliance with federal, State and local regulations as such regulations may relate to environmental impact.

(2)

The major focus of the EP shall be first to avoid, second to minimize and third to mitigate any detrimental impacts to resource characteristics of the ESA and PA consistent with the intent of this article as set forth in section 98-451.

(3)

Construction plans must comply with section 7 of the Illinois Endangered Species Protection Act, 520 ILCS 10/7, and sections 401 and 404 of the Federal Water Pollution Control Act. No adverse effect shall occur to any critical federal or State endangered species habitat.

(4)

Construction design plans shall preserve the hydrological characteristics essential to the integrity of the PA.

(5)

The natural functions of ESA wetlands or watercourses shall not be impaired. Specifically, the natural grade and soils of any wetland or watercourse and the flow or quality of surface water to and from any ESA wetland or watercourse at any time during the year shall not be significantly altered in such a way as to degrade rare habitat elements or cultural resources. If negative alterations occur, mitigation in the form of restoration of the wetland or watercourse function and value must be provided in writing and approved by the ERC.

(6)

Direct or indirect impairment to PA wetland shall be avoided. Impact shall be determined by the ERC. Examples of impact that could occur include, but are not limited to, wetland fill, drainage blockage or significant alteration to drainage patterns or subbasin watersheds. If a proposed development site contains areas of past wetland fill or drainage blockage, whether within the ESA or PA, such conditions shall be removed and wetlands restored by the property owner in conjunction with site development. Use of bypass flow-through piping shall be avoided or minimized in preference to preserving natural drainage. Stormwater control features (e.g., wet detention ponds) shall be designed to optimize protection of wetland areas.

(7)

Construction plans shall be designed to minimize the creation of impermeable surfaces by limiting pavements, roadways and building footprints to essential square footages and using permeable asphalt and pervious pavers, where practical.

(8)

Appropriate transport, detention and infiltration structures shall be incorporated in a coordinated stormwater management system to minimize both off-site outflow and surcharging (backwater) into the PA while maximizing groundwater recharge.

(9)

The important cultural heritage, wildlife, recreational and educational values of the PA shall be preserved by maintaining reproductive and regenerative capabilities of wildlife and associated habitats, protecting historical contexts, maintaining aesthetic visual characteristics, designing compatible adjacent building structures and providing visual buffers made up of trees and shrubs consistent with existing vegetation. Preservation of such values must satisfy requirements of the State comprehensive outdoor recreation plan, the State historic preservation office and the National Park Service.

(10)

Site design plans shall maintain or enhance the aesthetic, visual screening, windbreak, dust suppression, air quality improvements, noise barrier characteristics and other qualities of woodlands. All site improvements and structures shall be located and designed in such a way as to retain the maximum amount of natural vegetation on the site, especially existing mature wooded areas. Any structural design within the ESA should be designed so that building footprint roads avoid removal of trees with a dbh of four inches or more. Certain species of trees determined by the ERC to be incompatible invasive trees in the ESA shall be exempt from protection (e.g., in the Grove National Historic Area, eastern cottonwoods, box elders and European buckthorns are not protected).

(11)

Landscaping designs shall maximize the use of compatible native species of trees, flowers and grasses to blend with or enhance the natural mosaic (complex) of ESA communities. Tree plantings shall be situated as buffers to protect the PA from adverse views, drainage and lighting effects. The objective is to soften impacts to the adjacent PA ecosystems. A variety of species shall be planted in natural arrangements to enhance the aesthetic and ecological value of such plantings.

(12)

All native tree species with a dbh of more than four inches shall be protected with barrier fencing enclosing an area that includes the dripline area of the tree. Unprotected tree species with a dbh of four inches or more shall be retained if they are determined to be important to the historical context of a cultural resource element or to general aesthetic value. The barrier fencing must be located at least five feet from the trunk of a tree at all points. The fencing shall be mandatory only during construction. No disturbance or mowing shall occur within the dripline of any protected tree subsequent to construction.

(13)

Soil erosion shall be minimized through compliance with the soil erosion and sediment control regulations set forth in article IX.

(14)

No bulk storage or release into air, land or water of hazardous material is permissible within the ESA.

(15)

Developments within the ESA or PA shall be designed to minimize reflected or generated light leaving the property from any direction, including skyward, by using nonreflective building shell construction and careful orientation and shielding of lighting fixtures. The frequency and intensity of generated light impacts on the ecological or cultural resources of the PA shall also be minimized by limiting operation of lights to actual use periods and using low wattage or yellow bulbs, whenever practicable.

(16)

At no point along the boundaries of the PA or further within the PA shall the noise (sound pressure) level exceed an hourly A-weighted decibel level of a 24-hour 62 leq. Such standard shall be applied for all times during the day and night. If it is found that such standard is not met, operational or shielding remedies shall be sought. If the exceedance will be created by the development under consideration, noise reduction shall be provided in design plans.

(b)

Environmental plan requirement set A. The following set of requirements for EP preparation applies to regulated activities within or partially within the ESA:

(1)

The EP must provide information on proposed development plans in a combination of graphic and narrative formats that address the following points:

a.

Describe the general need and nature of the proposed action.

b.

Describe the existing environmental features on the property.

c.

Describe the potential impact of the action.

d.

Describe all feasible alternatives and other proposed actions to avoid, minimize and mitigate any potential shortterm or longterm adverse impacts.

(2)

The EP must include an assessment of the direct or indirect impacts of proposed developments on natural or cultural features of ESA or PA ecosystems and cultural context.

(3)

The EP must present information describing proposed actions in sufficient detail and accuracy to allow a reasonable assessment of the changes to the property. Such information includes the proposed land use, the building footprint, existing and proposed contouring, a cut and fill profile, access street and driveway locations and type (gravel, asphalt, etc.), and existing and proposed drainage systems, including flow-through calculations and retention/detention pond design.

(4)

Specifically, the EP shall provide the following:

a.

A description of the nature of the proposed action, including the following:

1.

Existing landscape and activity on the site.

2.

Conceptual site plans shall provide height, number of stories and placement of proposed structures, including setback lines and accessory structures. A scaled building evaluation drawing must show the existing and proposed exterior dimensions as viewed from all properties which are located within the ESA and located within 500 feet of the proposed development, and from all public streets.

3.

Total approximate floor area of the proposed buildings.

4.

Statement of interest in the land, including conditions for the sale or purchase of the parcel, such as deed restrictions, reservation of land for other uses or other conditions that may have bearing on the total land development.

5.

Map of the applicant's entire holding and interest in land contiguous to the proposed development.

6.

Vicinity map of all property within 500 feet of the development, that shows streets, easements, zonings, PAs, drainage, wetlands and land uses.

7.

Time schedule, indicating anticipated starting and completion dates of development.

8.

Location and identification of all public areas and municipal corporation lines within or adjacent to the site.

9.

Legal description of the parcel, including total acreage of the parcel.

10.

Preliminary engineering plans as required by the Village subdivision guide.

11.

Existing one-foot interval contour topographic mapping for the site property and an overlay and concept drawing, at one-foot intervals, of proposed recontouring.

12.

Cut and fill vertical profiles to accompany contour plan mapping.

13.

Detailed drainage plan, including the existing and proposed drainage pattern of the site and adjoining area, at one-foot contour intervals. The drainage area and direction of flow of land upstream of the site and estimated runoff of the area served by any drains in compliance with article IX. Provision of adequate upstream flow-through design to avoid surcharging in PA lands must be demonstrated. The developer shall provide site drainage design plans that reduce the velocity and volume of post-development runoff by directing runoff from impermeable surfaces to uncompacted grassed swales, terraces and buffer strips. The design shall reduce high volume fluctuations in downstream storm sewers and retention/detention structures; improve runoff water quality by reducing nutrients and stabilizing sediments; provide potential for wetland creation and groundwater recharge within the ESA; and generally decrease erosion.

b.

Existing environmental features, including the following:

1.

Mapping of the general location, character and extent of on-site existing natural features, such as plantlife, wildlife, wetlands and woodlands, including the extension thereof to adjacent parcels within 250 feet of the proposed activity.

2.

A descriptive inventory of site conditions, including the location and extent of all natural features as set forth in subsection (b)(4)b.1. of this section, including "wetlands" as defined by federal jurisdictional delineation methods, soil types, site vegetation and other habitat features as they relate to existing topography.

3.

A description of existing and proposed water areas, showing depths, normal water levels, shore gradients, type of bank retention and shore vegetation.

4.

A description of the distance and views to the entrance of any nearby park, monument or recreation area and any structures within a PA having cultural, historical or recreational significance.

5.

A soil report listing the existing soil types and quantity of excavation and fill necessary to carry out the proposed development in compliance with article IX.

6.

A soil boring survey so as to effectively assess the potential impacts of the proposed activity. Such survey shall include, but not be limited to, a description of the soil structure, performance of a percolation test and an analysis of engineering constraints.

c.

A statement of the shortterm and longterm direct and indirect impacts of the proposed development on natural and cultural features of the ESA and PA as specified in any portions of this article, including soils, geology, surface water and groundwater, vegetation, wetlands, wildlife, air, reflected or generated light, noise, historical or cultural resources, historical areas eligible for or listed on the National Register of Historic Places and visual aesthetics.

d.

Mitigation commitments, in accordance with the following:

1.

Natural features and buffer areas shall be designated on the site plan in the following manner:

i.

Natural features to remain undisturbed;

ii.

Natural features proposed to be disturbed or removed; or

iii.

Natural features to be relocated or reestablished as part of the side plan improvements in accordance with the additional guidelines set forth in subsections (b)(4)d.2.—8. of this section.

2.

Specific plans shall be prepared for each site in the interest of minimizing adverse direct or indirect impacts to natural or cultural resources.

3.

Disturbed areas to be reestablished shall be planted with compatible native species, characteristic of the existing or potential natural plant communities. The density/coverage of vegetation shall be such that it shall approximate the existing or potential natural condition (i.e., predisturbed condition) within ten years for wooded areas and within two years for herbaceous areas. Consideration shall also be given to additional vegetation screening to minimize visual impacts upon natural or cultural resources.

4.

A replacement tree or a combination of trees shall be provided on-site to equal the original dbh for each tree that cannot be avoided and must be removed by construction. The minimum size of a replacement tree shall be three inches dbh.

Wetland creation or restoration shall provide soil, vegetation and hydrology characteristics that effectively replace or enhance wetland functions and values on the development site, specifically as they improve or enhance wetland conditions within the PA.

5.

A management plan for private stormwater retention must indicate measures to provide for the continued effective function of the system by establishing a schedule of ongoing monitoring and maintenance activities that may include cleaning of invert grates, sediment dredging, planting stabilizing vegetation or periodic burns of wet prairie basins.

6.

Site specific lot configurations and setback buffers shall be designed to protect site hydrology, aesthetics and vegetation (maintenance or creation of vegetation/drainage corridors, minimization of fragmentation and minimization of habitat edge creation), for example, clustering development should be encouraged.

7.

When development activity is proposed for any property within an ESA, consideration should be given to the correction of any past obstruction of drainage or wetland filling that may have occurred on the property. Such correction, including additional wetland creation and native species plantings, may serve as suitable mitigation of impacts caused by the development being proposed.

(c)

Environmental plan requirement set B. The following set of conditions for EP preparation applies to regulated actions for parcels that are within, partially within or contiguous to a PA. The consideration of the avoidance, minimization and mitigation of any impacts to natural or cultural resources of the PA shall be given the highest level of assessment for developments within such areas:

(1)

An identification of the boundaries of the PA and the acreage of the PA on the proposed site development is necessary. If the edges are delineated and there shall be no proposed activity in the PA, then the distance of the activity from the PA shall be noted on the development plans. The exact locations of the protective barriers between the activity and the PAs and around protected single trees shall be noted on plan drawings.

(2)

Wires, signs or other items shall not be attached to any tree that is within the PA and any other protected species within the contiguous ESA.

(3)

The type and scope of activities within the PA must be mapped and described. Efforts to minimize encroachment into the PA shall be described.

(4)

Prior to any development, clearing, filling or other activity for which a permit is required, protective barriers, as approved by the Village, shall be erected around the perimeter of PAs designated for protection. Such protection shall remain until it is authorized to be removed by the Village.

(Code 1959, § 24.12D.5; Ord. No. 4512, 4-15-2003)