The Planning, Building and Zoning Committee shall have all of the powers and duties specifically assigned in this chapter, including the following:

   (A)   Overseeing the administration and enforcement of this chapter;

   (B)   Reviewing proposed text amendments, zoning map amendments (rezonings), and conditional use permit applications and recommending that the County Board approve, approve with conditions, or deny the applications, in accordance with §§ 151.046, 151.047, and 151.050, respectively;

   (C)   Reviewing proposed PUD preliminary plan applications and recommending that the County Board approve, approve with conditions or deny the applications in accordance with § 151.051;

   (D)   Reviewing proposed PUD final plan applications and acting to approve, approve with conditions, or deny the applications in accordance with § 151.051;

   (E)   Reviewing proposed vacation requests and recommending that the County Board approve, approve with conditions, or deny the applications in accordance with § 151.204;

   (F)   Conducting informational meetings on proposed subdivisions in accordance with § 151.191(B);

   (G)   Reviewing proposed preliminary and final plat applications and acting to approve, approve with conditions or deny the applications in accordance with § 151.191(E)(5) and (F)(7);

   (H)   Hearing appeals of the Planning, Building and Development Director’s decision on minor subdivision modification requests and acting to approve, approve with conditions or deny the appeals in accordance with § 151.192(D)(2);

   (I)   Reviewing proposed major subdivision modification requests and acting to approve, approve with conditions or deny the requests in accordance with § 151.192(C)(3);

   (J)   Hearing appeals of the Planning, Building and Development Director’s decisions on subdivision assurance reduction, extension and release matters in accordance with § 151.203(F)(1); and

   (K)   Acting on school and park contribution matters, as set out in §§ 151.220 and 151.221.

(Ord., § 2.1, passed 10-13-2009; Ord. passed - -)

   (A)   The Zoning Board of Appeals acts in a quasi-judicial, decision-making capacity (appeals of administrative decisions, zoning variances, and delegated conditional use permits) and an advisory capacity (zoning amendments and non-delegated conditional use permits) under this chapter.

   (B)   The Zoning Board of Appeals shall have all of the powers and duties specifically assigned in this chapter, including the following general duties and responsibilities:

      (1)   Establish rules of procedure, and any other rules as it deems necessary, not in conflict with Illinois state law;

      (2)   Compel the attendance of witnesses at hearings and administer oaths;

      (3)   File minutes of its proceedings and any written recommendations from any county department, State’s Attorney, or other official bodies; show the vote of each member on every question or, if a member is absent or fails to vote, indicate that fact; and keep records of its examinations and other official actions;

      (4)   File immediately in the office of the Zoning Board of Appeals all rules and regulations and amendments or repeals thereof, and every order, requirement, decision, or determination of the Zoning Board of Appeals. These shall become public records;

      (5)   Hear and decide appeals from any decisions of the Planning, Building and Development Director or any other administrative official made in the performance of his or her duties under the provisions of this chapter;

      (6)   Hear and decide all petitions for major zoning variances, delegated conditional use permits, and any minor zoning variances referred to it by the Hearing Officer;

      (7)   Hear all applications for non-delegated conditional use permits, ordinance text amendments, and zoning map amendments and make a report and recommendation to the Lake County Board;

      (8)   Study and report to the County Board on zoning map amendments and ordinance text amendments; and

      (9)   Other recommendations to the County Board on matters of regional significance, including transportation, stormwater management, and environmental protection.

(Ord., § 2.3, passed 10-13-2009)

   (A)   The position of Hearing Officer is hereby established to serve in a decision-making capacity in the minor zoning variance process. The Chair of the Zoning Board of Appeals shall serve as the Hearing Officer. In the absence of the Chair, the Vice-Chair shall serve as the Hearing Officer.

   (B)   The Hearing Officer shall have all of the powers and duties specifically assigned in this chapter, including the following general duties and responsibilities:

      (1)   Establish rules of procedure and other rules as deemed necessary, not in conflict with state law;

      (2)   Compel the attendance of witnesses at hearings on minor zoning variances and administer oaths;

      (3)   File minutes of all proceedings and any written recommendations from any county department, State’s Attorney, or other official bodies and keep records of examinations and other official actions;

      (4)   File immediately in the office of the Zoning Board of Appeals all rules and regulations and amendments or repeals thereof, and every order, requirement, decision, or determination. These shall become public records; and

      (5)   Hear and decide applications for minor zoning variances, as provided in § 151.056(C); provided, however, that the Hearing Officer may refer any minor zoning variance application to the Zoning Board of Appeals for hearing and decision and shall do so whenever there is reason to question the Hearing Officer’s ability to conduct an unbiased hearing or render an impartial decision.

(Ord., § 2.4, passed 10-13-2009)

   (A)   The Chair of the Planning, Building and Zoning Committee shall serve as the Plat Officer. In the Plat Officer’s absence, the Vice-Chair of the Planning, Building and Zoning Committee shall be considered the acting Plat Officer and may act for, and on behalf of, the Plat Officer.

   (B)   The Plat Officer shall have all of the powers and duties specifically assigned in this chapter, including the following general duties and responsibilities:

      (1)   Sign all final plats of subdivision approved by the Planning, Building and Zoning Committee; and

      (2)   Act on any other matter for which this chapter requires action by the Plat Officer.

(Ord., § 2.5, passed 10-13-2009)

   (A)   Composition and general responsibility. The Multi-Disciplinary Team shall be comprised of members of the Planning, Building and Development Department, the Lake County Division of Transportation, the Lake County Health Department, and the Lake County Public Works Department. The Multi-Disciplinary Team shall have all of the powers and duties specifically assigned in this chapter, including all of the following general duties and responsibilities:

      (1)   Process plats of subdivision as set forth in § 151.186;

      (2)   Oversee all activities related to the completion of subdivision improvements as set forth in §§ 151.185 through 151.204;

      (3)   Consider all requests for modifications from the standards of this chapter as set forth in § 151.192; and

      (4)   Act on any other matter for which this chapter requires action by the Multi-Disciplinary Team.

   (B)   Specific responsibilities. The responsibilities of the Multi-Disciplinary Team or successor agencies are as follows.

      (1)   Planning, Building and Development Department.

         (a)   The Planning, Building and Development Department shall have the duties and responsibilities of ensuring that all development proposals comply with the standards of this chapter, including the natural resource protection standards of § 151.071. In fulfilling these responsibilities, the Planning, Building and Development Department shall promote solutions that will achieve the most desirable site design.

         (b)   The Planning, Building and Development Department shall be responsible for obtaining and disseminating all required documents to the Multi-Disciplinary Team and to all reviewing agencies, and for soliciting all necessary comments and recommendations.

         (c)   The Planning, Building and Development Department’s review shall determine that all development proposals conform with established land use policies and that the best design concepts and principles are employed in the site design. The Planning, Building and Development Department shall have the responsibility for determining the suitability of the overall design concept.

         (d)   The Planning, Building and Development Department’s zoning review shall include but shall not be limited to lot area and width requirements, site capacity and open space requirements and site development regulations contained in this chapter.

         (e)   The Planning, Building and Development Department staff shall conduct periodic inspections of the site improvements relating to their area of responsibility.

      (2)   Division of Transportation.

         (a)   The Lake County Division of Transportation shall have the duties and responsibilities of reviewing all development proposals, and making determinations and recommendations concerning design standards and engineering specifications for street and related drainage construction as herein set forth. In accordance with 55 ILCS 5/5-1041 and 605 ILCS 5/6-325, the County Engineer shall have the right to establish reasonable requirements with respect to street drainage and surfacing which shall be deemed to be the minimum requirements in the interest of the health, safety, and convenience of the public of the county. The Division’s review shall include but is not limited to proper control of access to local, collector, and arterial streets and the provision of proper access between sites. In fulfilling these responsibilities, the Lake County Division of Transportation shall promote consistent driver expectations, resulting in maximum operational efficiencies and safety, and shall protect the public investment in publicly maintained roadways.

         (b)   Lake County Division of Transportation staff shall conduct periodic inspections of those site improvements relating to their area of responsibility.

      (3)   Lake County Health Department. The Lake County Health Department shall have the duties and responsibilities of reviewing all developmental proposals, and for making determinations and recommendations as to the proper type of well and individual sewage disposal system to be required in each development. In addition, the Lake County Health Department shall make determinations and recommendations in matters concerning public health and environmental protection, as may be required during the development approval process. In fulfilling these responsibilities, the Lake County Health Department shall promote solutions that will achieve the most suitable site design.

      (4)   Lake County Public Works Department.

         (a)   The Lake County Public Works Department shall have the duties and responsibilities of reviewing all development proposals concerning sanitary sewer and/or water systems. The Lake County Public Works Department shall make determinations and recommendations concerning design standards and engineering specifications including sizing, location, and points of connection. The Lake County Public Works Department shall advise on the ownership, operation, and possible incorporation of proposed sanitary sewer and/or water systems into the county system. In fulfilling these responsibilities, the Lake County Public Works Department shall promote solutions that will achieve the most suitable site design.

         (b)   The Lake County Public Works Department staff shall conduct periodic inspections of site improvements relating to their area of responsibility.

(Ord., § 2.6, passed 10-13-2009; Ord. passed 8-14-2012)

   (A)   Composition. The Board of Vacations shall be comprised of two members from the Planning, Building and Development Department and one member from the Lake County Division of Transportation. A representative of the State’s Attorney’s Office and an additional member of the Planning, Building and Development Department shall be ex officio members.

   (B)   Responsibilities.

      (1)   The Board of Vacations shall be responsible for conducting public hearings and for making recommendations relative to all requests for the vacation of plat or streets as set forth in this chapter.

      (2)   The State’s Attorney’s Office acts as a legal advisor to the Board of Vacations. A designated representative from the Planning, Building and Development Department shall act as the Vacation Officer responsible for administration of all provisions of this section.

(Ord., § 2.7, passed 10-13-2009)

   The Planning, Building and Development Director shall have all of the powers and duties specifically assigned in this chapter, including the following administration and enforcement duties.

   (A)   Administration.

      (1)   Be responsible for the administration of all provisions of this chapter for which administrative responsibilities are not otherwise assigned;

      (2)   Make interpretations of the provisions of this chapter, when called upon to do so, in accordance with § 151.058;

      (3)   Review all applications made pursuant to the requirements of this chapter to ensure compliance with the provisions of this chapter;

      (4)   Coordinate the actions of the Multi-Disciplinary Team in fulfilling its duties and responsibilities;

      (5)   Prepare reports and submit recommendations to the Planning, Building and Zoning Committee for all matters for which this chapter requires review and approval by the Planning, Building and Zoning Committee;

      (6)   Receive and review all site plans required by § 151.070;

      (7)   Review all proposed ordinance text amendments, zoning map amendments, conditional use permit, planned unit development and variance applications, and prepare reports for the Zoning Board of Appeals and the County Board;

      (8)   Classify zoning variance applications per § 151.056(B);

      (9)   Act as Chair of the Board of Vacations in the vacation of plats and public rights-of-way, in accordance with this chapter;

      (10)   Issue all temporary use permits and make and maintain records thereof;

      (11)   Issue all conditional use permits granted under the provisions of § 151.050, and make and maintain records thereof;

      (12)   Determine from public records sufficient information concerning nonconformities to properly perform duties assigned under this chapter;

      (13)   Amend the text of this chapter and the Official Zoning Map to reflect any amendments approved by the County Board and maintaining up-to-date originals and copies of these documents. The Planning, Building and Development Director shall assure that sufficient written description is provided to give a precise understanding of amendments;

      (14)   Conduct annual reviews of the text of this chapter and propose amendments deemed necessary to implement and ensure consistency with the Framework Plan and other policy objectives of the county;

      (15)   Ensure that required reports and consultations with local, state, and federal agencies have been completed, including natural resource information (NRI) reports, when applicable;

      (16)   Report to the Planning, Building and Zoning Committee when expressly required by the provisions of this chapter. In these cases, the Planning, Building and Development Director shall report on the action to the Planning, Building and Zoning Committee within 15 days of taking action or at the next regularly scheduled meeting of the Planning, Building and Zoning Committee, whichever occurs first; and

      (17)   Issue all site development permits and make and maintain records thereof. In this capacity, the Planning, Building and Development Director shall have the following additional duties and responsibilities. Certain of these duties and responsibilities are required by the Federal Emergency Management Agency or Illinois Department of Natural Resources, Office of Water Resources for the purpose of maintaining county’s eligibility for participation in the National Flood Insurance Program and delegation of state permit authority. These duties and responsibilities relate only to the intergovernmental relationship between county and the Federal Emergency Management Agency or Illinois Department of Natural Resources, Office of Water Resources and they do not and are not intended to create any third party beneficial rights in or for applicants, property owners or others:

         (a)   Determine for each development if it is in a Special Flood Hazard Area using the criteria specified in § 151.147, before the issuance of a site development permit;

         (b)   Ensure that an Illinois Department of Natural Resources, Office of Water Resources dam safety permit is obtained or a letter stating that no dam safety permit is required if the development includes a dam before the issuance of a site development permit. Additionally, if the Planning, Building and Development Director finds a dam which is believed to be in an unsafe condition, the Planning, Building and Development Director shall immediately notify the owner of the dam and the Illinois Emergency Services and Disaster Agency and the Illinois Department of Natural Resources, Office of Water Resources Dam Safety Section in Springfield;

         (c)   Adopted basin plans and floodplain studies may be the basis for more specific regulations. These additional or more specific regulations will apply only in the specific study area of the basin plan or floodplain study and supersede those of this chapter only upon amendment to the Watershed Development Ordinance and formal adoption of the basin plan or floodplain study by SMC.

         (d)   Review proposed easements, deed restrictions and other restrictive covenants, required by this chapter to ensure proper use and maintenance of proposed stormwater management systems. Administer the acceptance, reduction, and release of performance and maintenance assurances that may be required by this chapter to ensure proper installation and maintenance of proposed stormwater management systems;

         (e)   Oversee the review, by a registered professional engineer, of the plans, calculations or analyses submitted by other registered professional engineers, as required by this chapter as a condition of application for a site development permit;

         (f)   Ensure that the applicant has obtained and provided any and all required federal, state, and local permits for all development in the regulatory floodplain, before the issuance of a site development permit;

         (g)   Submit to the Lake County Stormwater Management Commission, the Illinois Department of Natural Resources, Office of Water Resources, and the Federal Emergency Management Agency the data required for proposed revisions to the base flood elevation of a regulatory floodplain study or a relocation of a regulatory floodway boundary, before the issuance of a site development permit. Additionally, the Planning, Building and Development Director also shall submit reports as required for the National Flood Insurance Program;

         (h)   Maintain records of every site development permit application, permit, hydrologic and hydraulic data and enforcement action and allow periodic inspections of the records by the Lake County Stormwater Management Commission, the Federal Emergency Management Agency or the Illinois Department of Natural Resources, Office of Water Resources;

         (i)   Maintain an elevation certificate and flood-proofing certificate file to certify the elevation of the lowest floor (including basement), of all buildings constructed in the regulatory floodplain;

         (j)   Maintain for public inspection and provide copies upon request of base flood data and maps, Conditional Letter of Map Revision, Letter of Map Revision elevation of flood-proofing certificates, other site development permit related materials, available “as-built” elevation and flood-proofing records for all building constructed subject to the provisions of §§ 151.145 through 151.154;

         (k)   Transfer to the Lake County Stormwater Management Commission, at agreed upon intervals, at no later than the five-year period described above, the portions of stormwater records specified by the Lake County Stormwater Management Commission;

         (l)   Notify adjacent upstream and downstream communities, the Lake County Stormwater Management Commission, and the Illinois Department of Natural Resources, Office of Water Resources in writing 30 days prior to the issuance of any permit for the alteration or relocation of a channel or linear water body in the regulatory floodplain; and

         (m)   Shall provide the Lake County Stormwater Management Commission an annual report summarizing the FIL50 fees received, project expenditures and status, categorized by watershed.

   (B)   Enforcement.

      (1)   Issue permits only where there is compliance with the provisions of this chapter. Permits for structures or uses requiring a zoning variance shall be issued only subsequent to the Zoning Board of Appeals (or Hearing Officer) approval of an appropriate zoning variance application. Permits requiring approval by the County Board shall be issued only after receipt of a certified copy of approval from the Lake County Clerk;

      (2)   Issue all certificates of occupancy and make and maintain records thereof;

      (3)   Conduct inspections as prescribed by this chapter and any other inspections as are necessary to ensure compliance with the various provisions of this chapter;

      (4)   Enforce the provisions of this chapter in accordance with §§ 151.250 through 151.258, including stopping, by written order, work being done contrary to issued permits or to this chapter. The written order, posted on the premises involved, shall not be removed except by order of the Planning, Building and Development Director. Removal without this order shall constitute a violation of this chapter;

      (5)   Institute any appropriate action or proceedings to prevent unlawful erection, construction, reconstruction, alteration, repair, conversion, filling, dumping, maintenance, or use; restrain, correct, or abate the violation, so as to prevent the occupancy or use of any building, structure, or land; to prevent any illegal act, conduct, business, or use in or about the premises; and

      (6)   Suspend or revoke, in writing, any permit or approval issued contrary to this chapter or based on a false statement or misrepresentation in the application.

(Ord., § 2.8, passed 10-13-2009; Ord. 22-1060, passed 8-9-2022) Penalty, see § 10.99