REGULATIONS FOR CANNABIS BUSINESS ESTABLISHMENTS2
Cross reference— Regulation of cannabis establishments, Ch. 17, Art. VIII, §§ 17-121—17-137.
The purpose of this article is intended to protect the public health, safety and welfare of the village and its residents by establishing regulations in regard to the cultivation, processing, dispensing and transportation of adult-use cannabis and medical cannabis within the corporate limits of the Village of Hazel Crest.
The purpose of this article is to ensure new cannabis business establishments are integrated with surrounding uses and are compatible in character with the surrounding neighborhood or area of the zoning district in which they are located.
The zoning and regulations contemplated herein shall only apply to medical and recreational (adult-use) cannabis business establishments licensed and operating under state law.
(Ord. No. 06-2020, § 2, 4-14-20)
The following words and terms, wherever they appear in this article, shall be construed as herein defined. Additionally, the village adopts all other definitions set forth in the cannabis regulation and Tax Act and the Compassionate Use of Medical Cannabis Program Act, as if fully set forth herein.
Adult-use cannabis craft grower: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder. The facility must contain a minimum of three thousand (3,000) sq. ft., but no more than fourteen thousand (14,000) sq. ft. of cultivation space.
Adult-use cannabis cultivation center: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products and usable medical cannabis to licensed cannabis business establishments as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder. The facility shall contain no more than two hundred ten thousand (210,000) sq. ft. of cultivation space.
Adult-use cannabis dispensing organization: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder.
Adult-use cannabis infuser organization or infuser: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder.
Adult-use cannabis processing organization or processor: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder.
Adult-use cannabis transporting organization or transporter: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder.
Advertise: To engage in promotional activities including, but not limited too: newspaper, radio, internet and electronic media, and television advertising; the distribution of fliers and circulars; and the display of window and interior signs.
Cannabis: Marijuana, hashish, and other substances that are identified as including any parts of the plant cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiver produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" also means concentrate and cannabis-infused products.
Cannabis business establishment: An adult-use dispensing organization and/or a medical cannabis dispensing organization.
Consume, consuming or consumption: Smoking, eating, drinking, chewing, applying topically or otherwise ingesting.
Enclosed locked facility: A room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by agents of a licensed cannabis business establishment and acting pursuant to state law.
Medical cannabis dispensing organization: A facility operated by an organization or business that is registered by the department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, individuals with a provisional registration for qualifying patient cardholder status, or an opioid alternative pilot program participant as set forth in the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder.
Medical cultivation center: A facility operated by an organization or business that is registered by the department of agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis as set forth in the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder.
State law/statute: The Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et seq., and as they may be amended from time-to-time, and the regulations promulgated thereunder.
Under aged person: As used in this article, means any person less than twenty-one (21) years of age.
(Ord. No. 06-2020, § 2, 4-14-20)
Cannabis business establishments shall comply with all regulations provided in the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et seq., and as they may be amended from time-to-time, and the regulations promulgated thereunder, and the regulations provided below. In the event that either or both of the Acts are amended, the more restrictive of the state or local regulations shall apply; however, in the event the local regulations conflict with state law, state law shall prevail.
(Ord. No. 06-2020, § 2, 4-14-20)
A village-issued certificate of zoning compliance, s state-issued license for the specific cannabis business establishment, and a village-issued business license are required prior to any cannabis business establishment is allowed to open for business.
(Ord. No. 06-2020, § 2, 4-14-20)
A cannabis business establishment shall be permitted only as a special use in the zoning districts set forth in section 15.6 of this article. In determining whether the special use will be approved, the petitioner shall be required to submit plans and documents (collectively facility components") deemed necessary by the village, including, but not limited to the following:
A.
Plat of survey.
B.
Site plan, including but not limited to buildings, building entrances, parking sidewalks, adjacent streets and immediately surrounding uses.
C.
Engineering plan.
D.
Architectural plans and elevations.
E.
Building material samples.
F.
Lighting plan.
G.
Signage plan.
H.
Business and operational plan.
I.
Parking plan and traffic study.
J.
Impact on surrounding areas.
K.
Security plan/installations to be reviewed and approved by the chief of police, or his/her designee for the adequacy of lighting, security and video surveillance. The security plan shall include, but is not limited to, the following:
1.
The cannabis business establishment shall be enclosed, locked, facility and shall provide and maintain adequate security on the premises, including lighting, video surveillance, and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft;
2.
The parking area, client entrance, sales area, back room, storage areas and delivery and loading bay and entrance shall be monitored by video surveillance equipment with live images that can be viewed by agents of the cannabis business establishment, continually recorded in a tamper proof format;
3.
A sign shall be posted in a prominent location which includes the following language: "This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this facility or its patrons"; and
4.
Process for reporting criminal activity on the licensed premises to local law enforcement officials.
L.
A ventilation plan that describes the ventilation systems that will be used to prevent any odor of cannabis and cannabis-infused products off the premises of the business.
M.
Proof of compliance with state law.
N.
Other criteria deemed necessary to assess compliance with this article.
1.
For an adult-use cannabis dispensary and/or medical cannabis dispensary, an "operation plan" shall include, but is not limited to the following information:
(i)
A floor plan including where the sale of cannabis shall take place in the establishment and where the designated area for storage and delivery shall be;
(ii)
The types of cannabis that will be offered for sale and the hours of service and method of packaging and delivery to customers;
(iii)
The location for the checking of identification to determine the customer's age;
(iv)
The location of medical cannabis purchases; and
(v)
A plan for disposal of any cannabis or byproducts that are not sold in a manner that protects any portion thereof from being possessed or ingested by any person or animal and that abides by applicable state and/or local regulations.
(Ord. No. 06-2020, § 2, 4-14-20)
A.
An adult-use dispensing organization shall be a permitted use in each of the village's business districts.
B.
A medical cannabis dispensing organization shall be a permitted use in each of the village's business districts.
C.
Adult-use cannabis transporting organizations and adult-use cannabis infuser organizations shall be a permitted use in the village's M-1 and M-OR districts.
D.
No adult-use dispensing organization or adult-use medical cannabis dispensing organization may be open between 10:00 p.m. and 8:00 a.m.
(Ord. No. 06-2020, § 2, 4-14-20; Ord. No. 09-2021, § 1.A, 12-17-21)
A.
Adult-use cannabis dispensing organization. The proposed adult-use dispensing organization must comply with the following:
1.
The facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool or secondary school, day care center, day care home, residential care home, or a substance abuse treatment facility. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this subsection.
2.
The facility may not be located within five hundred (500) feet of a place of worship, park/playground, library, or a games arcade establishment or recreation center or facility to which admission is not restricted to persons twenty-one (21) years or older.
3.
The facility may not be located in a dwelling unit.
4.
The facility may not be within one thousand five hundred (1,500) feet of a pre-existing dispensing facility, whether said dispensary is within the corporate boundaries of the village or in another municipal jurisdiction.
5.
At least seventy-five (75) of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by state statute.
6.
The facility may not conduct any sales or distribution of cannabis other than as authorized by state statute.
7.
A minimum of two (2) employees must be working at the dispensary at all times it is open.
8.
All site lighting and inside the dispensary building must be provided and kept in good working order and of sufficient wattage for security cameras and the safety of customers and employees.
9.
All product storage, display, and sales must be conducted inside an enclosed building. Drive-through facilities are prohibited.
10.
Cannabis products shall be sold at retail at the dispensary but are prohibited from being cultivated, processed, or manufactured within the dispensary.
11.
Petitioner shall file an affidavit, provided by the village, with the village affirming compliance with the village's regulations regarding the facility components set forth in section 15.4 of this article and adult-use cannabis dispensing organization and all other requirements of state law.
12.
The facility shall comply with the zoning requirements set forth in the zoning code for the zoning district in which it is located.
B.
Medical cannabis dispensing organization. A special use permit shall be required for a medical cannabis dispensing organization to operate within the village's corporate limits. This subsection pertains to the operation of a facility that only dispenses medical related cannabis and cannabis related products. The proposed medical cannabis dispensing facility must comply with the following:
1.
The facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this subsection.
2.
The facility may not be located within five hundred (500) feet of a place of worship, park/playground, library, or a games arcade establishment or recreation center or facility to which admission is not restricted to persons twenty-one (21) years or older.
3.
The facility may not be located in a dwelling unit.
4.
The facility may not conduct any sales or distribution of medical cannabis other than as authorized by state statute.
5.
At least seventy-five (75) of the floor area of any tenant space occupied by a medical dispensing organization shall be devoted to the activities of the dispensing organization as authorized by state statute.
6.
A minimum of two (2) employees must be working at the dispensary at all times it is open.
7.
All site lighting and inside the dispensary building must be provided and kept in good working order and of sufficient wattage for security cameras and the safety of customers and employees.
8.
All product storage, display, and sales must be conducted inside an enclosed building. Drive-through facilities are prohibited.
9.
Medical cannabis products shall be sold at retail at the dispensary but are prohibited from being cultivated, processed, or manufactured within the dispensary.
10.
Verification that the proposed facility complies with the required spacing and location requirements of state law.
11.
Petitioner shall file an affidavit, provided by the village, with the village affirming compliance with the facility components set forth in section 15.4 of this article, and medical cannabis dispensing organizations and all other requirements of the Compassionate Use of Medical Cannabis Program Act.
12.
The facility shall comply with the zoning requirements set forth in the zoning code for the zoning district in which it is located.
(Ord. No. 06-2020, § 2, 4-14-20)
A.
The cannabis business establishment shall be required to comply with the parking requirements applicable to the underlying zoning district unless otherwise approved by the board of trustees.
B.
Parking shall be located in an area which is visible from a public road and must be accessed directly from a public street.
C.
Parking areas shall be well lit and monitored by video surveillance equipment with live images that can be viewed by agents of the cannabis business establishment and continually recorded in a tamper proof format.
(Ord. No. 06-2020, § 2, 4-14-20)
A.
No cannabis business establishment shall be maintained or operated in a manner that causes, creates or allows the public viewing of cannabis paraphernalia or similar products from any sidewalk, right-of-way, or any property other than the lot on which the cannabis business establishment is located. No portion of the exterior of the cannabis business establishment shall use or contain any flashing lights, search lights, spot lights, or any similar lighting system.
B.
Signage shall comply with the standards of the underlying zoning district unless otherwise approved by the board of trustees.
C.
No cannabis business establishment shall have signage or engage in advertising that is not in compliance with state law (410 ILCS 705/55-20), including but not limited to the following:
1.
Within one thousand (1,000) feet of school grounds, playgrounds, hospitals, health care facilities, recreation centers, childcare centers; public parks, public libraries; or game arcades that admit persons under the age of twenty-one (21).
2.
That promotes the overconsumption of cannabis.
3.
That displays cannabis.
4.
That shows someone under twenty-one (21) consuming cannabis.
5.
That makes health or medicinal claims about cannabis.
6.
That includes any image of the cannabis leaf or bud.
7.
That includes any image that is likely to appeal to minors.
8.
On or in publicly owned or publicly operated property.
9.
On or in a public transportation vehicle or on a public transportation shelter.
10.
That is false or misleading.
D.
A sign shall be posted in a conspicuous place at or near the cannabis business establishment entrances that shall include the following language: "Persons under the age of twenty-one (21) are prohibited from entering." The required text shall be no smaller than one (1) inch in height nor greater than twelve (12) inches in height.
(Ord. No. 06-2020, § 2, 4-14-20)
A.
General restrictions:
1.
No adult-use cannabis craft grower, adult-use cannabis cultivation center, adult-use cannabis processing organization, or medical cannabis cultivation center shall be permitted within the village's corporate limits.
2.
No cannabis business establishment shall allow any person who is not at least twenty-one (21) years of age on the premises or employ anyone under the age of twenty-one (21) years of age.
3.
A cannabis business establishment shall maintain compliance with state law and local building, fire and zoning requirements or regulations.
4.
No adult-use cannabis business shall operate in violation of the operational requirements and prohibitions set forth in the section applicable to its specific business in 410 ILCS 705/1 et seq., which are adopted and incorporated herein by reference as if fully set forth herein.
5.
No medical cannabis dispensary or cultivation center shall operate in violation of the requirements and prohibitions set forth in the section applicable to its specific business in 410 ILCS 130/1, et seq., which are adopted and incorporated herein by reference as if fully set forth herein.
6.
Loitering is prohibited on the property or licensed premises of a cannabis business establishment.
7.
No cannabis business establishment shall allow any person to smoke, inhale or consume cannabis or cannabis products on the property and licensed premises occupied by the cannabis business establishment. A sign, at least eight and one-half (8.5) by eleven (11) inches, shall be posted inside the cannabis business establishment facility in a conspicuous place visible to employees and clients, and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products on the property is strictly prohibited."
8.
No products shall be visible from the public street, sidewalk or other public place.
B.
Restrictions applicable to cannabis dispensaries. In addition to the above enumerated general restrictions, the following restrictions shall apply to a licensed cannabis dispensary:
1.
The sale of cannabis and cannabis products to individuals at any given time shall not exceed the following amounts:
(i)
For an Illinois resident who is twenty-one (21) years or older:
a.
Thirty (30) grams of cannabis flower;
b.
No more than five hundred (500) milligrams of THC contained in a cannabis-infused product; and
c.
Five (5) grams of cannabis concentrate.
(ii)
For a non-Illinois resident who is twenty-one (21) years or older:
a.
Fifteen (15) grams of cannabis flower;
b.
Two and one-half (2.5) grams of cannabis concentrate; and
c.
Two hundred fifty (250) milligrams of THC contained in a cannabis-infused product.
The purchase limits set forth in subsections (i) and (ii) are considered cumulative.
2.
No "delivery" service to any location.
3.
Dispensaries shall not enter into agreements to allow persons who are not dispensing organization agents to deliver cannabis or transport cannabis to purchasers.
4.
No drive-thru facilities.
5.
No cannabis odors shall be detectable outside the dispensary.
6.
Operation of the dispensary is prohibited when video surveillance equipment is inoperative.
7.
Operation of the dispensary is prohibited when point-of-sale equipment is inoperative.
8.
Operation of the dispensary is prohibited when the State's cannabis electronic verification system is inoperative.
9.
Operation of the dispensary is prohibited when there are fewer than two (2) employees working. No alcoholic products can be sold in the dispensary, except tinctures, which must be limited to containers that are no larger than one hundred (100) milliliters.
10.
The cannabis and cannabis-infused products must be packaged and labels with the name of the dispensing organization, the contents, the weight of the raw cannabis [grams] or, for cannabis products, the amount of THC [mg].
11.
The age of the purchaser shall be verified by checking a government-issued identification card by use of an electronic reader or electronic scanning device to scan the identification.
12.
Specific required sales information on each sale must be entered into the state's cannabis electronic verification system.
13.
The dispensary shall only accept cannabis deliveries into a restrictive access area. Deliveries may not be accepted through the pubic or limited access areas unless otherwise approved by state statute.
14.
Dispensaries shall not sell cannabis, cannabis concentrate, or cannabis-infused products in combination or bundled with each other or any other items for one (1) price. Each item of cannabis, cannabis concentrate, or cannabis-infused products must be separately identified by quantity and price on the receipt.
15.
Clones or other live plant material shall not be sold in dispensaries.
16.
Dispensaries shall not allow the dispensing of cannabis or cannabis-infused products in vending machines.
17.
Dispensaries shall not produce or manufacture cannabis.
18.
A dispensary shall not accept a cannabis product from a cultivation center, craft grower, infuse, dispensing organization, or transporting organization unless it is prepackaged and labeled in accordance with state statute and any rules that may be promulgated thereunder.
19.
A dispensary shall not obtain cannabis or cannabis-infused products from any other state other than the State of Illinois.
20.
A dispensary shall not sell medical cannabis or medical cannabis-infused products to a purchaser unless the dispensary is licensed under the Compassionate Use of Medical Cannabis Program Act and the purchaser is registered under said Act.
(Ord. No. 06-2020, § 2, 4-14-20; Ord. No. 09-2021, § 1.B, 12-17-21)
VILLAGE OF HAZEL CREST
APPENDIX NO. 1
RULES OF PROCEDURE
FOR THE
PLANNING AND ZONING COMMISSION
VILLAGE OF HAZEL CREST
APPENDIX NO. 2
REQUIREMENTS FOR
PRELIMINARY AND FINAL PLAN APPROVAL
VILLAGE OF HAZEL CREST
PRE-APPLICATION AND CONCEPT PLAN REVIEW
For the purpose of expediting applications and reducing subdivision and site plan design and development costs, the applicant is encouraged to request a joint staff pre-application conference in accordance with the following requirements:
1.
PRE-APPLICATION CONFERENCE
A.
At the request of the applicant, a pre-application conference may be commenced by the assistant village manager.
B.
The pre-application conference allows the applicant to meet with appropriate village staff which may include the planning and zoning administrator, the fire chief who oversees the building and code enforcement division, the police chief and the public works director.
C.
Applicants seeking a pre-application conference shall submit five (5) copies of the following information ten (10) days prior to the pre-application conference:
1.
Plat of survey;
2.
Brief description of proposal; and
3.
Proposed land use sketch to include:
a.
Proposed lots and placements;
b.
Proposed access to subdivision;
c.
Proposed streets and other improvements;
d.
Existing buildings, paved areas, streets, etc.
D.
The applicant may be charged reasonable fees for a pre-application conference.
E.
If requested and paid for by the applicant, a brief written summary of the pre-application conference shall be provided within ten (10) working days of the final meeting.
F.
The applicant shall not be bound by the determination of the pre-application conference, nor shall the Village be bound by any such review.
CONTENTS OF PRELIMINARY PLAN
Upon completion of a complete preliminary plan, the planning and zoning administrator schedules the preliminary plan before the planning and zoning commission, and, if necessary, to the board of trustees for approval. A preliminary plan shall include:
1.
Proposed name of business or development.
2.
Location by township, section, town and range or by other legal description.
3.
A vicinity map, in sufficient detail to enable easy location in the field of the site for which plat approval is sought, and including the boundary line and approximate acreage of the site, existing zoning and a legend and scale.
4.
Names, addresses and phone number of the owner, the developer and the designer who prepared the plat.
5.
Scale of plat, one (1) inch to one hundred (100) feet, or larger.
6.
Date.
7.
North point.
8.
Layout and lot and building dimensions of areas to be developed for buildings including setbacks, the anticipated total gross floor space, the areas to be developed for parking, the points of ingress and egress, including access streets where required, and the adjustments to be made in relations to abutting land uses and zoning districts.
9.
Parcels of land to be dedicated or reserved for public use.
10.
Boundary line of the total area proposed to be subdivided (if necessary) indicated by solid heavy line and the total approximate acreage encompassed thereby.
11.
A contour map—A one-foot minimum interval contour map of the land to be subdivided or improved and such adjoining land whose topography may affect the layout or drainage of the proposed parcel or improvement shall accompany the preliminary layout. These requirements are detailed in the engineering plans section later in this document.
12.
A traffic survey prepared by qualified experts setting forth and analyzing the effects of the proposed development upon traffic in and outside of the village. Such survey shall not be limited to the effect on adjacent streets, but shall extend to all of the surrounding areas affected and shall indicate the anticipated points of origin, the direction, amount and density of traffic flow to and from the proposed development or business.
13.
Architect's preliminary sketches of the proposed buildings and landscaping, defining the type of quality of construction, consistent with BOCA codes and Village of Hazel Crest supplements.
14.
A statement of the types of business and uses proposed and the market area proposed to be served, prepared by qualified experts in such matters, when appropriate.
15.
Any adjustments which must be made in relation to abutting land uses and zoning districts (a minimum of five (5) feet high screening and berming are required within one hundred (100) feet of the lot line abutting residential areas).
ENGINEERING PLANS
1.
Comprehensive drainage plan. A comprehensive drainage plan, first in preliminary form, designed to safely handle the floodwater runoff following the heavier rainstorms shall accompany the preliminary layout:
The plans shall provide or be accompanied by maps or descriptive material showing the following:
A.
Extent and area of watershed tributary flowing into the drainage channels in the subdivision or property.
B.
Street storm sewers and other drains to be built, the basis of their design, the outfall and outlet locations and elevations, receiving stream or channel and its high-water elevation, and the functioning of the drains high-water conditions.
C.
Parts of the proposed street system where pavements are planned to be depressed sufficiently to convey or temporarily store runoff.
D.
Existing streams and floodwater runoff channels to be maintained, enlarged, altered or eliminated; and new channels to be constructed, their locations, cross sections and profiles.
E.
Existing culverts, storm sewers, and bridges, drainage areas, elevations, and adequacy of waterway openings; and new culverts and bridges to be built, their materials, elevations, waterway openings and basis of design.
F.
Existing detention or retention ponds and basins to be maintained, enlarged, or altered, and new ponds or basins to be built, with any berms or dams, and their designs.
G.
Detailed plan of existing and proposed sewers, water mains, culverts, storm sewers, drainage easements, or other underground facilities within the tract indicating pipe sizes, grades, manhole and exact locations.
H.
Village street address (as assigned by the fire department), shown on each lot in the subdivision.
2.
Soil erosion and sedimentation.
A.
A vicinity map in sufficient detail to enable easy location in the field of the site for which the permit is sought, and including the boundary lines and approximate area of the site, existing zoning, and a legend and scale.
B.
A development plan of the site showing:
1.
Existing topography of the site and adjacent land within two hundred (200) feet of the boundaries, drawn at no greater than two-foot contour intervals and clearly portraying the conformation and drainage patterns of the land.
2.
The location of all existing buildings, structures, utilities, streams, lakes, floodplains (including special flood hazard areas and floodway boundaries), wetlands and depressions, drainage facilities, vegetative cover, paved areas, and other significant natural or man-made features on the site and adjacent land within two hundred (200) feet of the boundaries.
3.
A general description of the predominant soil types of the site, their location, and their limitations for the proposed use.
4.
Proposed use of the site, including present development and planned utilization; areas of clearing, stripping, grading, excavation and filling; proposed contours, finished grades, and street profiles; provisions for storm drainage, including storm sewers, swales, detention basins and any other measures to control the rate of runoff, with a drainage area map, indications of flow directions, and computations; kinds and locations of utilities; and areas and acreages proposed to be paved, covered, sodded or seeded, vegetatively stabilized, or left undisturbed.
C.
An erosion and sediment control plan showing all measures necessary to meet the objectives of this appendix throughout all phases of construction and permanently after completion of development of the site, including:
1.
Location and sediment control plan showing all measures necessary to meet the objectives of this appendix throughout all phases of construction and permanently after completion of development of the site including:
a.
Location and description, including standard details, of all sediment control measures and design specifics of sediment basins and traps, including outlet details.
b.
Location and description of all soil stabilization and erosion control measures, including seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, kind and quantity of mulching for both temporary and permanent vegetative control measures, and types of nonvegetative stabilization measures.
c.
Location and description of all runoff control measures, including diversions, waterways, and outlets.
d.
Location and description of methods to prevent tracking of sediment offsite, including construction entrance details, as appropriate.
e.
Description of dust and traffic control measures.
f.
Locations of stockpiles and descriptions of stabilization methods.
g.
Description of off-site fill or borrow volumes, locations and methods of stabilization.
h.
Provisions for maintenance of control measures, including type and frequency of maintenance, easements, and estimates of the cost of maintenance.
i.
Identification (name, address, and telephone) of the persons(s) or entity which will have legal responsibility for maintenance of erosion control structures and measures during development and after development is completed.
D.
The proposed phasing of the site development, including stripping and clearing, rough grading and construction, and final grading and landscaping. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of installation of temporary sediment control measures (including perimeter controls), clearing and grading, installation of storm drainage, paving streets and parking areas, final grading and the establishment of permanent vegetative cover, and the removal of temporary measures.
E.
For additional information, applicant should request a copy of the ordinance "Establishing Soil Erosion Prevention Regulations to Avoid and Lessen Damage to the Village Environment and Flood Control."
SPECIFICATIONS FOR THE FINAL PLAT
No final plat of subdivision of land subject to municipal regulations located within the corporate limits or within the contiguous unincorporated territories shall be entitled to record or be valid unless the following conditions are adhered to:
Final plat.
1.
All of the items required for the preliminary plat and engineering plans are completed and approved.
2.
Building setback lines are accurately shown.
3.
Soil erosion and sedimentation requirements are fulfilled.
4.
Notarized certification, by owner or owners, or by any mortgage holder on record, of the adoption of the plat and the dedication of streets and other public areas.
5.
Exact width, name and location of all streets within and adjoining the plat.
6.
All lot numbers and lines with accurate dimensions in feet and hundredths.
7.
True angles and distances to the nearest established street lines of official monuments (not less than two (2) which shall be accurately described in the plat.
8.
Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and angles.
11.
Radii, internal angles, points and curvatures, tangent bearings and lengths of all arcs.
12.
Accurate location of all iron pipe and monuments, which shall be concrete 6″ × 6″ × 30″ with an iron rod cast in the center. Permanent stone or concrete monuments shall be set at two (2) corner or angle points on the outside boundary. Pipes or other physical markers shall be placed at all lot corners and survey control points as shown on the plat of subdivision. All U.S., state, county or other official bench marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position.
13.
Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and of any area to be reserved by deed covenant for common uses of all property owners.
14.
Certification by a registered surveyor to the effect that the plat represents a survey made by him and that monuments and markers shown thereon exist as located and that all dimensions and geodetic details are correct.
15.
Certifications showing that all taxes and special assessments due on the property to be subdivided have been paid in full.
16.
Proper signature form for the approval by the village president and board.
17.
A statement by a competent Illinois Registered Professional Engineer giving an estimate of the total cost of the construction or installation of all public improvements including sanitary and storm sewers, water mains, street improvements, street lights and appurtenances. Such estimate shall be based on prevailing construction costs and shall be subject to the approval of the city board.
18.
No final plat shall be recorded until all applicable permits or requirements from other agencies are received.
19.
Authorization on the Plat of Subdivision by the surveyor authorizing the village clerk, or a duly authorized designee, to record the plat.
Other requirements.
1.
Landscape plan submitted an and recommended for approval by the beautification commission or the village's landscape consultant, including trees, plants and shrubs, in accordance with the Village of Hazel Crest tree ordinances.
2.
The subdivider shall agree to install and construct street, utility, and other public improvements, and pay the required fee and donations in accordance with the requirements of the village ordinances (including the subdivision regulations), and as agreed upon in the statement of intent and agreement submitted to and approved by the village board along with the plans, specifications, and final plat. To guarantee the completion of improvements and other commitments by the subdivider, a corporate surety bond, letter of credit or other financing surety, as approved by the village board, shall be provided.
Once recommended for approval by the planning and zoning commission, the final plat is scheduled before the president and board of trustees for final approval.
VILLAGE OF HAZEL CREST
APPENDIX NO. 3
OVERVIEW OF PLANNING AND ZONING PROCESS
I.
Interest is expressed by developer, property owner, staff, citizen.
A.
Meetings held with staff to review requirements for:
1.
Planning and zoning.
2.
Building codes.
3.
Public safety (police and fire).
4.
Public works.
II.
Formal petitions filed for:
A.
Rezoning.
B.
Special use permit.
C.
Variance.
D.
Text amendment to permit use in specific district.
E.
Development or subdivision plat.
III.
Public notices for zoning process only (state law mandates).
A.
Fifteen-day legal notice published.
B.
Notification of property owners within two hundred fifty (250) feet.
C.
Notification to homeowner's association.
IV.
Plan commission and zoning board meetings.
A.
Staff introduces topics.
1.
Issue statement.
2.
Background/history.
3.
Discussion issues.
4.
Options.
B.
Presentation by petitioner.
C.
Commission/board questions.
D.
Meeting formally opened to public participating.
1.
Name and address required.
2.
Questions addressed to the chairperson.
3.
Orderly conduct required.
E.
Public participation closed.
F.
Further questions and/or discussion by commission.
G.
Motions.
1.
Recommend approval of petition with or without modification.
2.
Recommend denial of petition.
3.
Recommend continuance to obtain additional information for discussion.
V.
Flow of petition.
A.
Planning and zoning commission (final action on variances, except for signage).
B.
Board of trustees.
REGULATIONS FOR CANNABIS BUSINESS ESTABLISHMENTS2
Cross reference— Regulation of cannabis establishments, Ch. 17, Art. VIII, §§ 17-121—17-137.
The purpose of this article is intended to protect the public health, safety and welfare of the village and its residents by establishing regulations in regard to the cultivation, processing, dispensing and transportation of adult-use cannabis and medical cannabis within the corporate limits of the Village of Hazel Crest.
The purpose of this article is to ensure new cannabis business establishments are integrated with surrounding uses and are compatible in character with the surrounding neighborhood or area of the zoning district in which they are located.
The zoning and regulations contemplated herein shall only apply to medical and recreational (adult-use) cannabis business establishments licensed and operating under state law.
(Ord. No. 06-2020, § 2, 4-14-20)
The following words and terms, wherever they appear in this article, shall be construed as herein defined. Additionally, the village adopts all other definitions set forth in the cannabis regulation and Tax Act and the Compassionate Use of Medical Cannabis Program Act, as if fully set forth herein.
Adult-use cannabis craft grower: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder. The facility must contain a minimum of three thousand (3,000) sq. ft., but no more than fourteen thousand (14,000) sq. ft. of cultivation space.
Adult-use cannabis cultivation center: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products and usable medical cannabis to licensed cannabis business establishments as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder. The facility shall contain no more than two hundred ten thousand (210,000) sq. ft. of cultivation space.
Adult-use cannabis dispensing organization: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder.
Adult-use cannabis infuser organization or infuser: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder.
Adult-use cannabis processing organization or processor: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder.
Adult-use cannabis transporting organization or transporter: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program as set forth in the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder.
Advertise: To engage in promotional activities including, but not limited too: newspaper, radio, internet and electronic media, and television advertising; the distribution of fliers and circulars; and the display of window and interior signs.
Cannabis: Marijuana, hashish, and other substances that are identified as including any parts of the plant cannabis sativa and including derivatives or subspecies, such as indica, of all strains of cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including tetrahydrocannabinol derivatives, whether produced directly or indirectly by extraction; however, "cannabis" does not include the mature stalks of the plant, fiver produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except resin extracted from it), fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Cannabis" also means concentrate and cannabis-infused products.
Cannabis business establishment: An adult-use dispensing organization and/or a medical cannabis dispensing organization.
Consume, consuming or consumption: Smoking, eating, drinking, chewing, applying topically or otherwise ingesting.
Enclosed locked facility: A room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by agents of a licensed cannabis business establishment and acting pursuant to state law.
Medical cannabis dispensing organization: A facility operated by an organization or business that is registered by the department of financial and professional regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients, individuals with a provisional registration for qualifying patient cardholder status, or an opioid alternative pilot program participant as set forth in the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder.
Medical cultivation center: A facility operated by an organization or business that is registered by the department of agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis as set forth in the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et seq., and as it may be amended from time-to-time, and the regulations promulgated thereunder.
State law/statute: The Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et seq., and as they may be amended from time-to-time, and the regulations promulgated thereunder.
Under aged person: As used in this article, means any person less than twenty-one (21) years of age.
(Ord. No. 06-2020, § 2, 4-14-20)
Cannabis business establishments shall comply with all regulations provided in the Cannabis Regulation and Tax Act, 410 ILCS 705/1, et seq., and the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1, et seq., and as they may be amended from time-to-time, and the regulations promulgated thereunder, and the regulations provided below. In the event that either or both of the Acts are amended, the more restrictive of the state or local regulations shall apply; however, in the event the local regulations conflict with state law, state law shall prevail.
(Ord. No. 06-2020, § 2, 4-14-20)
A village-issued certificate of zoning compliance, s state-issued license for the specific cannabis business establishment, and a village-issued business license are required prior to any cannabis business establishment is allowed to open for business.
(Ord. No. 06-2020, § 2, 4-14-20)
A cannabis business establishment shall be permitted only as a special use in the zoning districts set forth in section 15.6 of this article. In determining whether the special use will be approved, the petitioner shall be required to submit plans and documents (collectively facility components") deemed necessary by the village, including, but not limited to the following:
A.
Plat of survey.
B.
Site plan, including but not limited to buildings, building entrances, parking sidewalks, adjacent streets and immediately surrounding uses.
C.
Engineering plan.
D.
Architectural plans and elevations.
E.
Building material samples.
F.
Lighting plan.
G.
Signage plan.
H.
Business and operational plan.
I.
Parking plan and traffic study.
J.
Impact on surrounding areas.
K.
Security plan/installations to be reviewed and approved by the chief of police, or his/her designee for the adequacy of lighting, security and video surveillance. The security plan shall include, but is not limited to, the following:
1.
The cannabis business establishment shall be enclosed, locked, facility and shall provide and maintain adequate security on the premises, including lighting, video surveillance, and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft;
2.
The parking area, client entrance, sales area, back room, storage areas and delivery and loading bay and entrance shall be monitored by video surveillance equipment with live images that can be viewed by agents of the cannabis business establishment, continually recorded in a tamper proof format;
3.
A sign shall be posted in a prominent location which includes the following language: "This area is under live/recorded video surveillance to aid in the prosecution of any crimes committed against this facility or its patrons"; and
4.
Process for reporting criminal activity on the licensed premises to local law enforcement officials.
L.
A ventilation plan that describes the ventilation systems that will be used to prevent any odor of cannabis and cannabis-infused products off the premises of the business.
M.
Proof of compliance with state law.
N.
Other criteria deemed necessary to assess compliance with this article.
1.
For an adult-use cannabis dispensary and/or medical cannabis dispensary, an "operation plan" shall include, but is not limited to the following information:
(i)
A floor plan including where the sale of cannabis shall take place in the establishment and where the designated area for storage and delivery shall be;
(ii)
The types of cannabis that will be offered for sale and the hours of service and method of packaging and delivery to customers;
(iii)
The location for the checking of identification to determine the customer's age;
(iv)
The location of medical cannabis purchases; and
(v)
A plan for disposal of any cannabis or byproducts that are not sold in a manner that protects any portion thereof from being possessed or ingested by any person or animal and that abides by applicable state and/or local regulations.
(Ord. No. 06-2020, § 2, 4-14-20)
A.
An adult-use dispensing organization shall be a permitted use in each of the village's business districts.
B.
A medical cannabis dispensing organization shall be a permitted use in each of the village's business districts.
C.
Adult-use cannabis transporting organizations and adult-use cannabis infuser organizations shall be a permitted use in the village's M-1 and M-OR districts.
D.
No adult-use dispensing organization or adult-use medical cannabis dispensing organization may be open between 10:00 p.m. and 8:00 a.m.
(Ord. No. 06-2020, § 2, 4-14-20; Ord. No. 09-2021, § 1.A, 12-17-21)
A.
Adult-use cannabis dispensing organization. The proposed adult-use dispensing organization must comply with the following:
1.
The facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool or secondary school, day care center, day care home, residential care home, or a substance abuse treatment facility. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this subsection.
2.
The facility may not be located within five hundred (500) feet of a place of worship, park/playground, library, or a games arcade establishment or recreation center or facility to which admission is not restricted to persons twenty-one (21) years or older.
3.
The facility may not be located in a dwelling unit.
4.
The facility may not be within one thousand five hundred (1,500) feet of a pre-existing dispensing facility, whether said dispensary is within the corporate boundaries of the village or in another municipal jurisdiction.
5.
At least seventy-five (75) of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by state statute.
6.
The facility may not conduct any sales or distribution of cannabis other than as authorized by state statute.
7.
A minimum of two (2) employees must be working at the dispensary at all times it is open.
8.
All site lighting and inside the dispensary building must be provided and kept in good working order and of sufficient wattage for security cameras and the safety of customers and employees.
9.
All product storage, display, and sales must be conducted inside an enclosed building. Drive-through facilities are prohibited.
10.
Cannabis products shall be sold at retail at the dispensary but are prohibited from being cultivated, processed, or manufactured within the dispensary.
11.
Petitioner shall file an affidavit, provided by the village, with the village affirming compliance with the village's regulations regarding the facility components set forth in section 15.4 of this article and adult-use cannabis dispensing organization and all other requirements of state law.
12.
The facility shall comply with the zoning requirements set forth in the zoning code for the zoning district in which it is located.
B.
Medical cannabis dispensing organization. A special use permit shall be required for a medical cannabis dispensing organization to operate within the village's corporate limits. This subsection pertains to the operation of a facility that only dispenses medical related cannabis and cannabis related products. The proposed medical cannabis dispensing facility must comply with the following:
1.
The facility may not be located within five hundred (500) feet of the property line of a pre-existing public or private nursery school, preschool or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this subsection.
2.
The facility may not be located within five hundred (500) feet of a place of worship, park/playground, library, or a games arcade establishment or recreation center or facility to which admission is not restricted to persons twenty-one (21) years or older.
3.
The facility may not be located in a dwelling unit.
4.
The facility may not conduct any sales or distribution of medical cannabis other than as authorized by state statute.
5.
At least seventy-five (75) of the floor area of any tenant space occupied by a medical dispensing organization shall be devoted to the activities of the dispensing organization as authorized by state statute.
6.
A minimum of two (2) employees must be working at the dispensary at all times it is open.
7.
All site lighting and inside the dispensary building must be provided and kept in good working order and of sufficient wattage for security cameras and the safety of customers and employees.
8.
All product storage, display, and sales must be conducted inside an enclosed building. Drive-through facilities are prohibited.
9.
Medical cannabis products shall be sold at retail at the dispensary but are prohibited from being cultivated, processed, or manufactured within the dispensary.
10.
Verification that the proposed facility complies with the required spacing and location requirements of state law.
11.
Petitioner shall file an affidavit, provided by the village, with the village affirming compliance with the facility components set forth in section 15.4 of this article, and medical cannabis dispensing organizations and all other requirements of the Compassionate Use of Medical Cannabis Program Act.
12.
The facility shall comply with the zoning requirements set forth in the zoning code for the zoning district in which it is located.
(Ord. No. 06-2020, § 2, 4-14-20)
A.
The cannabis business establishment shall be required to comply with the parking requirements applicable to the underlying zoning district unless otherwise approved by the board of trustees.
B.
Parking shall be located in an area which is visible from a public road and must be accessed directly from a public street.
C.
Parking areas shall be well lit and monitored by video surveillance equipment with live images that can be viewed by agents of the cannabis business establishment and continually recorded in a tamper proof format.
(Ord. No. 06-2020, § 2, 4-14-20)
A.
No cannabis business establishment shall be maintained or operated in a manner that causes, creates or allows the public viewing of cannabis paraphernalia or similar products from any sidewalk, right-of-way, or any property other than the lot on which the cannabis business establishment is located. No portion of the exterior of the cannabis business establishment shall use or contain any flashing lights, search lights, spot lights, or any similar lighting system.
B.
Signage shall comply with the standards of the underlying zoning district unless otherwise approved by the board of trustees.
C.
No cannabis business establishment shall have signage or engage in advertising that is not in compliance with state law (410 ILCS 705/55-20), including but not limited to the following:
1.
Within one thousand (1,000) feet of school grounds, playgrounds, hospitals, health care facilities, recreation centers, childcare centers; public parks, public libraries; or game arcades that admit persons under the age of twenty-one (21).
2.
That promotes the overconsumption of cannabis.
3.
That displays cannabis.
4.
That shows someone under twenty-one (21) consuming cannabis.
5.
That makes health or medicinal claims about cannabis.
6.
That includes any image of the cannabis leaf or bud.
7.
That includes any image that is likely to appeal to minors.
8.
On or in publicly owned or publicly operated property.
9.
On or in a public transportation vehicle or on a public transportation shelter.
10.
That is false or misleading.
D.
A sign shall be posted in a conspicuous place at or near the cannabis business establishment entrances that shall include the following language: "Persons under the age of twenty-one (21) are prohibited from entering." The required text shall be no smaller than one (1) inch in height nor greater than twelve (12) inches in height.
(Ord. No. 06-2020, § 2, 4-14-20)
A.
General restrictions:
1.
No adult-use cannabis craft grower, adult-use cannabis cultivation center, adult-use cannabis processing organization, or medical cannabis cultivation center shall be permitted within the village's corporate limits.
2.
No cannabis business establishment shall allow any person who is not at least twenty-one (21) years of age on the premises or employ anyone under the age of twenty-one (21) years of age.
3.
A cannabis business establishment shall maintain compliance with state law and local building, fire and zoning requirements or regulations.
4.
No adult-use cannabis business shall operate in violation of the operational requirements and prohibitions set forth in the section applicable to its specific business in 410 ILCS 705/1 et seq., which are adopted and incorporated herein by reference as if fully set forth herein.
5.
No medical cannabis dispensary or cultivation center shall operate in violation of the requirements and prohibitions set forth in the section applicable to its specific business in 410 ILCS 130/1, et seq., which are adopted and incorporated herein by reference as if fully set forth herein.
6.
Loitering is prohibited on the property or licensed premises of a cannabis business establishment.
7.
No cannabis business establishment shall allow any person to smoke, inhale or consume cannabis or cannabis products on the property and licensed premises occupied by the cannabis business establishment. A sign, at least eight and one-half (8.5) by eleven (11) inches, shall be posted inside the cannabis business establishment facility in a conspicuous place visible to employees and clients, and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products on the property is strictly prohibited."
8.
No products shall be visible from the public street, sidewalk or other public place.
B.
Restrictions applicable to cannabis dispensaries. In addition to the above enumerated general restrictions, the following restrictions shall apply to a licensed cannabis dispensary:
1.
The sale of cannabis and cannabis products to individuals at any given time shall not exceed the following amounts:
(i)
For an Illinois resident who is twenty-one (21) years or older:
a.
Thirty (30) grams of cannabis flower;
b.
No more than five hundred (500) milligrams of THC contained in a cannabis-infused product; and
c.
Five (5) grams of cannabis concentrate.
(ii)
For a non-Illinois resident who is twenty-one (21) years or older:
a.
Fifteen (15) grams of cannabis flower;
b.
Two and one-half (2.5) grams of cannabis concentrate; and
c.
Two hundred fifty (250) milligrams of THC contained in a cannabis-infused product.
The purchase limits set forth in subsections (i) and (ii) are considered cumulative.
2.
No "delivery" service to any location.
3.
Dispensaries shall not enter into agreements to allow persons who are not dispensing organization agents to deliver cannabis or transport cannabis to purchasers.
4.
No drive-thru facilities.
5.
No cannabis odors shall be detectable outside the dispensary.
6.
Operation of the dispensary is prohibited when video surveillance equipment is inoperative.
7.
Operation of the dispensary is prohibited when point-of-sale equipment is inoperative.
8.
Operation of the dispensary is prohibited when the State's cannabis electronic verification system is inoperative.
9.
Operation of the dispensary is prohibited when there are fewer than two (2) employees working. No alcoholic products can be sold in the dispensary, except tinctures, which must be limited to containers that are no larger than one hundred (100) milliliters.
10.
The cannabis and cannabis-infused products must be packaged and labels with the name of the dispensing organization, the contents, the weight of the raw cannabis [grams] or, for cannabis products, the amount of THC [mg].
11.
The age of the purchaser shall be verified by checking a government-issued identification card by use of an electronic reader or electronic scanning device to scan the identification.
12.
Specific required sales information on each sale must be entered into the state's cannabis electronic verification system.
13.
The dispensary shall only accept cannabis deliveries into a restrictive access area. Deliveries may not be accepted through the pubic or limited access areas unless otherwise approved by state statute.
14.
Dispensaries shall not sell cannabis, cannabis concentrate, or cannabis-infused products in combination or bundled with each other or any other items for one (1) price. Each item of cannabis, cannabis concentrate, or cannabis-infused products must be separately identified by quantity and price on the receipt.
15.
Clones or other live plant material shall not be sold in dispensaries.
16.
Dispensaries shall not allow the dispensing of cannabis or cannabis-infused products in vending machines.
17.
Dispensaries shall not produce or manufacture cannabis.
18.
A dispensary shall not accept a cannabis product from a cultivation center, craft grower, infuse, dispensing organization, or transporting organization unless it is prepackaged and labeled in accordance with state statute and any rules that may be promulgated thereunder.
19.
A dispensary shall not obtain cannabis or cannabis-infused products from any other state other than the State of Illinois.
20.
A dispensary shall not sell medical cannabis or medical cannabis-infused products to a purchaser unless the dispensary is licensed under the Compassionate Use of Medical Cannabis Program Act and the purchaser is registered under said Act.
(Ord. No. 06-2020, § 2, 4-14-20; Ord. No. 09-2021, § 1.B, 12-17-21)
VILLAGE OF HAZEL CREST
APPENDIX NO. 1
RULES OF PROCEDURE
FOR THE
PLANNING AND ZONING COMMISSION
VILLAGE OF HAZEL CREST
APPENDIX NO. 2
REQUIREMENTS FOR
PRELIMINARY AND FINAL PLAN APPROVAL
VILLAGE OF HAZEL CREST
PRE-APPLICATION AND CONCEPT PLAN REVIEW
For the purpose of expediting applications and reducing subdivision and site plan design and development costs, the applicant is encouraged to request a joint staff pre-application conference in accordance with the following requirements:
1.
PRE-APPLICATION CONFERENCE
A.
At the request of the applicant, a pre-application conference may be commenced by the assistant village manager.
B.
The pre-application conference allows the applicant to meet with appropriate village staff which may include the planning and zoning administrator, the fire chief who oversees the building and code enforcement division, the police chief and the public works director.
C.
Applicants seeking a pre-application conference shall submit five (5) copies of the following information ten (10) days prior to the pre-application conference:
1.
Plat of survey;
2.
Brief description of proposal; and
3.
Proposed land use sketch to include:
a.
Proposed lots and placements;
b.
Proposed access to subdivision;
c.
Proposed streets and other improvements;
d.
Existing buildings, paved areas, streets, etc.
D.
The applicant may be charged reasonable fees for a pre-application conference.
E.
If requested and paid for by the applicant, a brief written summary of the pre-application conference shall be provided within ten (10) working days of the final meeting.
F.
The applicant shall not be bound by the determination of the pre-application conference, nor shall the Village be bound by any such review.
CONTENTS OF PRELIMINARY PLAN
Upon completion of a complete preliminary plan, the planning and zoning administrator schedules the preliminary plan before the planning and zoning commission, and, if necessary, to the board of trustees for approval. A preliminary plan shall include:
1.
Proposed name of business or development.
2.
Location by township, section, town and range or by other legal description.
3.
A vicinity map, in sufficient detail to enable easy location in the field of the site for which plat approval is sought, and including the boundary line and approximate acreage of the site, existing zoning and a legend and scale.
4.
Names, addresses and phone number of the owner, the developer and the designer who prepared the plat.
5.
Scale of plat, one (1) inch to one hundred (100) feet, or larger.
6.
Date.
7.
North point.
8.
Layout and lot and building dimensions of areas to be developed for buildings including setbacks, the anticipated total gross floor space, the areas to be developed for parking, the points of ingress and egress, including access streets where required, and the adjustments to be made in relations to abutting land uses and zoning districts.
9.
Parcels of land to be dedicated or reserved for public use.
10.
Boundary line of the total area proposed to be subdivided (if necessary) indicated by solid heavy line and the total approximate acreage encompassed thereby.
11.
A contour map—A one-foot minimum interval contour map of the land to be subdivided or improved and such adjoining land whose topography may affect the layout or drainage of the proposed parcel or improvement shall accompany the preliminary layout. These requirements are detailed in the engineering plans section later in this document.
12.
A traffic survey prepared by qualified experts setting forth and analyzing the effects of the proposed development upon traffic in and outside of the village. Such survey shall not be limited to the effect on adjacent streets, but shall extend to all of the surrounding areas affected and shall indicate the anticipated points of origin, the direction, amount and density of traffic flow to and from the proposed development or business.
13.
Architect's preliminary sketches of the proposed buildings and landscaping, defining the type of quality of construction, consistent with BOCA codes and Village of Hazel Crest supplements.
14.
A statement of the types of business and uses proposed and the market area proposed to be served, prepared by qualified experts in such matters, when appropriate.
15.
Any adjustments which must be made in relation to abutting land uses and zoning districts (a minimum of five (5) feet high screening and berming are required within one hundred (100) feet of the lot line abutting residential areas).
ENGINEERING PLANS
1.
Comprehensive drainage plan. A comprehensive drainage plan, first in preliminary form, designed to safely handle the floodwater runoff following the heavier rainstorms shall accompany the preliminary layout:
The plans shall provide or be accompanied by maps or descriptive material showing the following:
A.
Extent and area of watershed tributary flowing into the drainage channels in the subdivision or property.
B.
Street storm sewers and other drains to be built, the basis of their design, the outfall and outlet locations and elevations, receiving stream or channel and its high-water elevation, and the functioning of the drains high-water conditions.
C.
Parts of the proposed street system where pavements are planned to be depressed sufficiently to convey or temporarily store runoff.
D.
Existing streams and floodwater runoff channels to be maintained, enlarged, altered or eliminated; and new channels to be constructed, their locations, cross sections and profiles.
E.
Existing culverts, storm sewers, and bridges, drainage areas, elevations, and adequacy of waterway openings; and new culverts and bridges to be built, their materials, elevations, waterway openings and basis of design.
F.
Existing detention or retention ponds and basins to be maintained, enlarged, or altered, and new ponds or basins to be built, with any berms or dams, and their designs.
G.
Detailed plan of existing and proposed sewers, water mains, culverts, storm sewers, drainage easements, or other underground facilities within the tract indicating pipe sizes, grades, manhole and exact locations.
H.
Village street address (as assigned by the fire department), shown on each lot in the subdivision.
2.
Soil erosion and sedimentation.
A.
A vicinity map in sufficient detail to enable easy location in the field of the site for which the permit is sought, and including the boundary lines and approximate area of the site, existing zoning, and a legend and scale.
B.
A development plan of the site showing:
1.
Existing topography of the site and adjacent land within two hundred (200) feet of the boundaries, drawn at no greater than two-foot contour intervals and clearly portraying the conformation and drainage patterns of the land.
2.
The location of all existing buildings, structures, utilities, streams, lakes, floodplains (including special flood hazard areas and floodway boundaries), wetlands and depressions, drainage facilities, vegetative cover, paved areas, and other significant natural or man-made features on the site and adjacent land within two hundred (200) feet of the boundaries.
3.
A general description of the predominant soil types of the site, their location, and their limitations for the proposed use.
4.
Proposed use of the site, including present development and planned utilization; areas of clearing, stripping, grading, excavation and filling; proposed contours, finished grades, and street profiles; provisions for storm drainage, including storm sewers, swales, detention basins and any other measures to control the rate of runoff, with a drainage area map, indications of flow directions, and computations; kinds and locations of utilities; and areas and acreages proposed to be paved, covered, sodded or seeded, vegetatively stabilized, or left undisturbed.
C.
An erosion and sediment control plan showing all measures necessary to meet the objectives of this appendix throughout all phases of construction and permanently after completion of development of the site, including:
1.
Location and sediment control plan showing all measures necessary to meet the objectives of this appendix throughout all phases of construction and permanently after completion of development of the site including:
a.
Location and description, including standard details, of all sediment control measures and design specifics of sediment basins and traps, including outlet details.
b.
Location and description of all soil stabilization and erosion control measures, including seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, kind and quantity of mulching for both temporary and permanent vegetative control measures, and types of nonvegetative stabilization measures.
c.
Location and description of all runoff control measures, including diversions, waterways, and outlets.
d.
Location and description of methods to prevent tracking of sediment offsite, including construction entrance details, as appropriate.
e.
Description of dust and traffic control measures.
f.
Locations of stockpiles and descriptions of stabilization methods.
g.
Description of off-site fill or borrow volumes, locations and methods of stabilization.
h.
Provisions for maintenance of control measures, including type and frequency of maintenance, easements, and estimates of the cost of maintenance.
i.
Identification (name, address, and telephone) of the persons(s) or entity which will have legal responsibility for maintenance of erosion control structures and measures during development and after development is completed.
D.
The proposed phasing of the site development, including stripping and clearing, rough grading and construction, and final grading and landscaping. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of installation of temporary sediment control measures (including perimeter controls), clearing and grading, installation of storm drainage, paving streets and parking areas, final grading and the establishment of permanent vegetative cover, and the removal of temporary measures.
E.
For additional information, applicant should request a copy of the ordinance "Establishing Soil Erosion Prevention Regulations to Avoid and Lessen Damage to the Village Environment and Flood Control."
SPECIFICATIONS FOR THE FINAL PLAT
No final plat of subdivision of land subject to municipal regulations located within the corporate limits or within the contiguous unincorporated territories shall be entitled to record or be valid unless the following conditions are adhered to:
Final plat.
1.
All of the items required for the preliminary plat and engineering plans are completed and approved.
2.
Building setback lines are accurately shown.
3.
Soil erosion and sedimentation requirements are fulfilled.
4.
Notarized certification, by owner or owners, or by any mortgage holder on record, of the adoption of the plat and the dedication of streets and other public areas.
5.
Exact width, name and location of all streets within and adjoining the plat.
6.
All lot numbers and lines with accurate dimensions in feet and hundredths.
7.
True angles and distances to the nearest established street lines of official monuments (not less than two (2) which shall be accurately described in the plat.
8.
Municipal, township, county or section lines accurately tied to the lines of the subdivision by distances and angles.
11.
Radii, internal angles, points and curvatures, tangent bearings and lengths of all arcs.
12.
Accurate location of all iron pipe and monuments, which shall be concrete 6″ × 6″ × 30″ with an iron rod cast in the center. Permanent stone or concrete monuments shall be set at two (2) corner or angle points on the outside boundary. Pipes or other physical markers shall be placed at all lot corners and survey control points as shown on the plat of subdivision. All U.S., state, county or other official bench marks, monuments or triangulation stations in or adjacent to the property shall be preserved in precise position.
13.
Accurate outlines and legal descriptions of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and of any area to be reserved by deed covenant for common uses of all property owners.
14.
Certification by a registered surveyor to the effect that the plat represents a survey made by him and that monuments and markers shown thereon exist as located and that all dimensions and geodetic details are correct.
15.
Certifications showing that all taxes and special assessments due on the property to be subdivided have been paid in full.
16.
Proper signature form for the approval by the village president and board.
17.
A statement by a competent Illinois Registered Professional Engineer giving an estimate of the total cost of the construction or installation of all public improvements including sanitary and storm sewers, water mains, street improvements, street lights and appurtenances. Such estimate shall be based on prevailing construction costs and shall be subject to the approval of the city board.
18.
No final plat shall be recorded until all applicable permits or requirements from other agencies are received.
19.
Authorization on the Plat of Subdivision by the surveyor authorizing the village clerk, or a duly authorized designee, to record the plat.
Other requirements.
1.
Landscape plan submitted an and recommended for approval by the beautification commission or the village's landscape consultant, including trees, plants and shrubs, in accordance with the Village of Hazel Crest tree ordinances.
2.
The subdivider shall agree to install and construct street, utility, and other public improvements, and pay the required fee and donations in accordance with the requirements of the village ordinances (including the subdivision regulations), and as agreed upon in the statement of intent and agreement submitted to and approved by the village board along with the plans, specifications, and final plat. To guarantee the completion of improvements and other commitments by the subdivider, a corporate surety bond, letter of credit or other financing surety, as approved by the village board, shall be provided.
Once recommended for approval by the planning and zoning commission, the final plat is scheduled before the president and board of trustees for final approval.
VILLAGE OF HAZEL CREST
APPENDIX NO. 3
OVERVIEW OF PLANNING AND ZONING PROCESS
I.
Interest is expressed by developer, property owner, staff, citizen.
A.
Meetings held with staff to review requirements for:
1.
Planning and zoning.
2.
Building codes.
3.
Public safety (police and fire).
4.
Public works.
II.
Formal petitions filed for:
A.
Rezoning.
B.
Special use permit.
C.
Variance.
D.
Text amendment to permit use in specific district.
E.
Development or subdivision plat.
III.
Public notices for zoning process only (state law mandates).
A.
Fifteen-day legal notice published.
B.
Notification of property owners within two hundred fifty (250) feet.
C.
Notification to homeowner's association.
IV.
Plan commission and zoning board meetings.
A.
Staff introduces topics.
1.
Issue statement.
2.
Background/history.
3.
Discussion issues.
4.
Options.
B.
Presentation by petitioner.
C.
Commission/board questions.
D.
Meeting formally opened to public participating.
1.
Name and address required.
2.
Questions addressed to the chairperson.
3.
Orderly conduct required.
E.
Public participation closed.
F.
Further questions and/or discussion by commission.
G.
Motions.
1.
Recommend approval of petition with or without modification.
2.
Recommend denial of petition.
3.
Recommend continuance to obtain additional information for discussion.
V.
Flow of petition.
A.
Planning and zoning commission (final action on variances, except for signage).
B.
Board of trustees.