This section sets out the procedures for site capacity calculations and site plan review. No site development permit or building permit shall be issued for a development that is subject to the site capacity calculation and site plan review procedures of this section until the Planning, Building and Development Director has approved the application.

   (A)   Applicability.

      (1)   All of the following shall be subject to the site capacity calculation and site plan review procedures of this section unless otherwise expressly exempted:

         (a)   Any conservation development;

         (b)   Any mobile home park and any recreational vehicle park;

         (c)   Any conventional residential development consisting of three or more dwelling units or lots;

         (d)   Any nonresidential development on any parcel that is 40,000 square feet in area or larger; and

         (e)   Any site development activity on any parcel with an area of 200,000 square feet or more, except when the parcel is being developed with no more than two single family dwellings.

      (2)   All of the following shall be subject to the site plan review procedures of this section regardless of the size of the subject parcel, unless otherwise expressly exempted:

         (a)   Service stations;

         (b)   Any nonresidential use with drive-through service;

         (c)   Convenience stores;

         (d)   Car washes;

         (e)   Motor vehicle display, sales, rental, or service;

         (f)   Shopping centers;

         (g)   Taverns;

         (h)   Marinas;

         (i)   Commercial, accessory large-scale, and accessory medium-scale solar energy systems; and

         (j)   Commercial wind energy systems.

   (B)   Exemptions.  

      (1)   Approval of site capacity calculations may be obtained (concurrently) at the time of subdivision, rezoning, variance, conditional use permit, or planned unit development approval. Separate site capacity calculation applications shall not be required.

      (2)   Site plan review approval may be obtained (concurrently) at the time of rezoning, variance, conditional use permit approval, or planned unit development approval. Separate site plan review applications shall not be required.

      (3)   Developments that are subject to the subdivision platting procedures and that have completed required site capacity calculations shall not be subject to site plan review unless expressly noted on the subdivision plat.

      (4)   Site capacity calculations and site plan review shall not be required for signs, temporary uses, uses qualifying for an agricultural exemption or any other type of exemption.

      (5)   Site capacity calculations and site plan review shall not be required for nonresidential accessory uses or structures or for additions to principal nonresidential uses provided that: the accessory use/structure or addition to the principal use does not exceed 1,000 square feet of floor area or 2,000 square feet of impervious surface area; or the Planning, Building and Development Director determines that no protected natural resource protection areas will be adversely affected. Site capacity calculations and site plan review shall not be required, regardless of size, for gazebos and screened or open porches.

      (6)   Site capacity calculations and site plan review shall not be required for interior or exterior building alterations that do not increase the size of the building or amount of impervious coverage.

   (C)   Review and approval procedure.

      (1)   Relationship to development review procedures of §§ 151.045 through 151.058. The general procedural requirements and standards of § 151.045 shall apply to the site capacity and site plan review procedures of this section.

      (2)   Application filing. Site capacity calculation/site plan applications, which shall include natural resource protection and open space plans, shall be submitted to the Planning, Building and Development Department on forms available from the Planning, Building and Development Department. The application shall be submitted only after a check-in meeting. Site capacity calculation/site plan applications may be processed concurrently with other applications.

      (3)   Application submittal requirements and standards. The Planning, Building and Development Director shall determine the type and extent of information necessary to provide for an adequate site capacity/site plan review and may require the submission of specific information. This information may include but is not limited to one or more of the following items:

         (a)   A completed application for site capacity and site plan review approval (application form available from the Planning, Building and Development Director);

         (b)   A map or plat of survey of the subject property, which may include one or more of the following items:

            1.   A legal description of the property;

            2.   The boundaries of the property;

            3.   The total area of the property;

            4.   Topographic contours at one-foot intervals;

            5.   The location, width, and name of all existing or previously platted street, railroad, and utility easements and rights-of-way; and

            6.   The location of existing sewers, drainage tiles, water mains, culverts, and other underground facilities within the tract, indicating pipe sizes, grades, manholes, and location.

         (c)   A site plan of the proposed development showing the following information:

            1.   The types of uses proposed. Residential developments shall be identified by type of development (i.e., conventional or conservation) and by type of dwelling unit (e.g., single family, multiplex, and the like);

            2.   The location, size, height, and arrangement of all existing and proposed buildings and structures;

            3.   The location, dimension, and surface material of all existing and proposed pedestrian entrances, exits, and walkways;

            4.   The location, size, and surface material of all proposed vehicular access points and driveways; and the location, size, surface material, arrangement, and capacity of all areas to be used for off-street parking and off-street loading;

            5.   The location, size, height, illumination, and orientation of all signs and lighting;

            6.   The location, size, and type of all existing and proposed rights-of-way, easements and landscaping;

            7.   Zoning and land use of adjacent properties; and

            8.   If the application relates to property scheduled for phased development, the proposed layout of the total projected development shall be indicated and each phase’s projected scope and time period indicated to the extent possible.

         (d)   A natural resource plan (see Figure 151.070(C)).

         (e)   An open space plan;

         (f)   A landscape plan;

         (g)   Any covenants, conditions, or other restrictions related to the parcel or use thereof;

         (h)   Evidence that adequate sewer and water facilities exist or can be provided to serve the proposed use;

 

 

         (i)   For properties without an approved access location, evidence that an access permit can be obtained for the proposed use from the highway authority having jurisdiction. For properties with a previously approved access location, evidence from the highway authority having jurisdiction that the existing access point is sufficient to serve the proposed use; if the existing access is insufficient, evidence that a new access permit can be obtained for the proposed use from the highway authority having jurisdiction.

 

 

      (4)   Distribution of application. Upon receipt of a complete site capacity calculation/site plan application, the Planning, Building and Development Director shall distribute copies of the application to Multi-Disciplinary Team members and other affected agencies for their review and comment. A copy of the application shall also be provided to the County Board member in whose district the property is located.

 

 

      (5)   Notice.

         (a)   Neighbor notice shall be provided in accordance with § 151.045(G) for proposals that consist of any of the following:

            1.   Residential developments containing more than 24 multi-dwelling units (apartments) on a single parcel;

            2.   Nonresidential developments containing more than 10,000 square feet of gross floor area; or

            3.   Additions to nonresidential developments that have the effect of increasing the gross floor area on the subject parcel by more than 50%.

         (b)   No public information meeting or neighbor notice shall be required if a public hearing has already been held on the same matter.

      (6)   Review and action. Within ten days of the receipt of a complete site capacity calculation/site plan application, Multi-Disciplinary Team members shall review the site capacity calculation/site plan application and provide comments to the Planning, Building and Development Director. Upon receipt of Multi-Disciplinary Team comments, the Planning, Building and Development Director shall schedule the site plan proposal for discussion at the Multi-Disciplinary Team. Comments shall include a determination by the appropriate highway authority relating to access to a public road. The applicant shall be notified of the date, time, and location of the meeting. When proposals require neighbor notice, neighbors may attend the Multi-Disciplinary Team meeting. Following the staff discussion with the applicant, neighbors may provide comments to the Multi-Disciplinary Team. Following the Multi-Disciplinary Team meeting, the Planning, Building and Development Director shall compile all comments received, and act to approve, approve with conditions, or deny the application based on its compliance with the site capacity calculation/site plan application submittal requirements and the applicable standards of this chapter. In the event of denial, the Planning, Building and Development Director shall provide the applicant with a written description of the reasons for denial and the procedure for continuing the site capacity calculation/site plan review process.

      (7)   Lapse of approval. The site capacity/site plan approval shall lapse and be of no further effect if a site development permit or building permit has not been obtained within one year from the date of approval. If changes are made to the site plan after the site capacity is approved, the site capacity and site plan shall be reexamined.

   (D)   Site capacity calculations.

      (1)   Calculation of base site area. The first step of the site capacity calculation process involves the calculation of “base site area”, in accordance with the following methodology:

 

      (2)   Calculating Net Site Area. After determining “base site area”, calculate “net site area” in accordance with the following methodology:

 

 

      (3)   Site capacity calculation (residential). Residential site capacity shall be calculated in accordance with the following methodology:

         (a)   Maximum number of dwelling units allowed. The first step of the residential site capacity calculation process involves calculating the maximum number of dwelling units permitted on the parcel. The following steps are required to make this calculation:

 

 

         (b)   Open space requirements. The second step of the residential site capacity calculation process involves calculating the amount of “

            1.   Resource-protected land area. The provisions of this subchapter identify several natural resources that must be protected, in whole or in part. The area occupied by these identified resources are referred to as “Resource-Protected Lands.” The total Resource-Protected Land area of a site shall be calculated in accordance with the following methodology:

 

            2.   Recreation land area. All residential developments located in R1, R2, R3, R4, R5, and R6 Zoning Districts are required to provide recreation land area to meet the county’s minimum recreation area requirements of 19.5 acres per 1,000 residents, in accordance with the following methodology.

 

 

            3.   Total open space area.

               a.   Conventional development. Calculating the open space required in a conventional development involves adding the Resource-Protected Land area calculated under subsection (D)(3)(b)1. above and the recreation land area calculated under subsection (D)(3)(b)2. above.

 

 

               b.   Conservation development. The amount of open space required to be set aside in a conservation development is equal to the zoning district minimum open space requirement (see § 151.125) or the sum of the Resource-Protected Land area calculated under subsection (D)(3)(b)1. above and the recreation area calculated under subsection (D)(3)(b)2. above, whichever results in the greater area.

 

      (4)   Site capacity calculation (nonresidential). Site capacity for nonresidential development shall be calculated in accordance with the following methodology:

         (a)   Maximum floor area allowed. The first step of the nonresidential site capacity calculation process involves calculating the maximum amount of floor area permitted on the parcel, in accordance with the underlying zoning district regulations. The following steps are required:

 

 

         (b)   Maximum impervious area allowed.

            1.   The second step of the nonresidential site capacity calculation process involves calculating the maximum amount of impervious area permitted on the parcel, in accordance with the underlying zoning district regulations.

            2.   The following steps are required:

 

 

         (c)   Open space requirements. The final step of the nonresidential site capacity calculation process involves calculating the amount of “open space” that must be preserved and set aside. In the case of nonresidential development, only Resource-Protected Lands must be set aside. The provisions of this subchapter identify several natural resources that must be protected, in whole or in part. The areas occupied by these identified resources are referred to as “Resource-Protected Lands”. The total Resource-Protected Land area of a site shall be calculated in accordance with the following methodology:

 

(Ord., § 4.1, passed 10-13-2009; Ord. passed 8-14-2012; Ord. passed 10-9-2012; Ord. 19-1378, passed 9-10-2019; Ord. 23-0675, passed 5-9-2023)

   (A)   General.

      (1)   Applicability.

         (a)   Floodplains, wetlands, linear and nonlinear water bodies. All development shall comply with the natural resource protection standards for regulatory floodplains (subsection (B) below), wetlands (subsection (C)), and nonlinear and linear water bodies (subsections (E) and (G)) regardless of whether they are subject to the site capacity calculation and site plan procedures of § 151.070.

         (b)   Buffers, woodlands, and significant trees. All development that is subject to the site capacity calculation and site plan procedures of § 151.070 shall comply with the natural resource protection standards for water body buffers (subsections (D), (F), and (H) of this section) woodlands, and significant trees (§ 151.071(I)).

      (2)   Open space. The natural resource protection areas requiring protection in accordance with subsections (B) through (I) below shall be designated “open space for natural resource protection” and shall be permanently maintained as open space. Those areas lying within existing nonlinear water bodies and those wetlands that are determined by the Army Corps of Engineers or the Planning, Building and Development Director to be non-mitigatable shall not be counted toward meeting minimum open space requirements.

 

 

      (3)   Responsibility for protection. The land owner shall be responsible for protection of all required natural resource protection areas.

      (4)   Overlapping resource protection areas. When two or more natural resource protection areas overlap, the stricter standards shall control. Only the natural resource that has the higher protection ratio shall be counted. (See Figure 151.071(A).)

      (5)   Natural resource protection plan. Where applicable, a plan labeled “Natural Resource Protection Plan” shall be submitted and shall be prepared as an overlay of the grading and drainage plan. The natural resource protection plan shall include the following information:

         (a)   The location and extent of all natural resource protection areas and location, type and nature of all temporary and permanent measures and practices to be utilized to protect natural resource protection areas from development activities, as required by this chapter; and

         (b)   A table indicating the gross area (predevelopment area) of each identified natural resource, the net area (post-development area) of each identified natural resource and the percentage protection of each identified natural resource.

   (B)   Regulatory floodplains.

      (1)   Calculation of natural resource area. The location and extent of floodplain boundaries shall be determined in accordance with the standards of § 151.147(B)(1). Flood-prone areas with 100 acres or more tributary drainage area shall be considered regulatory floodplains for purposes of this section.

      (2)   Protection ratio. All regulatory floodplain areas (100%) shall be protected and maintained as permanent open space unless otherwise expressly provided in this chapter.

      (3)   Protected areas. Top-dressing and shallow-filling uses and other uses that are expressly permitted by § 151.148 shall be permitted within regulatory floodplains only when they comply with all applicable floodplain development performance standards of § 151.149. Deep-filling and other uses allowed by the underlying zoning district shall be allowed in regulatory floodplains only if reviewed and approved in accordance with the regulatory floodplain development standards of § 151.148(B).

      (4)   Resource protection measures. All required protection measures for regulatory floodplains located on the development site shall be installed prior to the commencement of any site development activity and shall remain in place and in working, functional order until all site development activities have ceased and the surrounding area has been permanently stabilized.

         (a)   Construction fences. Construction fencing (fluorescent polyethylene laminar safety netting or approved equivalent) with a minimum height of three feet shall be installed around the outer limits of all regulatory floodplain areas. The fencing shall be entrenched, secured to ground-mounted metal or wood posts spaced a maximum of ten feet apart and maintained to prevent clearing, grading, and development activities from encroaching into regulatory floodplain areas.

         (b)   Soil erosion/sediment control. Soil erosion/sediment control measures shall be designed, installed and maintained in accordance § 151.146(J) and practices described in the Illinois Environmental Protection Agency/Natural Resource Conservation Service’s Illinois Urban Manual.

 

 

         (c)   Restricted activities within protected areas. The storage of trash and the dumping of liquids shall be prohibited within protected areas. Unless otherwise expressly allowed by the provisions of this chapter, all grading and filling shall be prohibited within protected areas. The Planning, Building and Development Director shall be authorized to prohibit other activities within protected areas (such as construction material/equipment storage and vehicle parking) as a condition of site development permit/site plan approval if the Planning, Building and Development Director determines that other reasonably feasible storage alternatives exist on the subject site.

         (d)   Designation, use, maintenance, and ownership of protected areas. Protected regulatory floodplain areas shall be designated, owned, and maintained in accordance with the provisions of § 151.072. Only those passive uses permitted by § 151.072(C)(1) shall be allowed within protected regulatory floodplain areas.

   (C)   Wetlands.

      (1)   Calculation of natural resource area. Wetland areas include any area that meets the definition of a “wetland” as defined in § 151.271. If the Planning, Building and Development Director determines that site conditions warrant, a wetland delineation shall be required. Furthermore, if wetlands are determined to be present, provisions of § 151.146(M) shall apply. Wetland delineations shall be conducted in accordance with the methodology adopted by the U.S. Army Corps of Engineers, the Lake County Stormwater Management Commission, and the USDA Natural Resource Conservation Service.

      (2)   Protection ratio. All wetlands (100%) with a surface area of one-fourth acre or more, situated wholly or partially on-site, shall be protected and maintained as permanent open space unless otherwise expressly provided in this chapter. This provision applies to all wetland areas that are a part of one-fourth acre or larger wetland areas, regardless of the size of the wetland area located on the development site.

      (3)   Protected areas. Mitigation shall be allowed in accordance with § 151.146(M), provided there is no net loss of protected wetlands and the mitigation occurs in the county. Existing isolated protected wetlands on or adjacent to a development site shall not be excavated, unless the activity is part of an approved U.S. Army Corps of Engineers or watershed development permit. Development or disturbance of a cumulative total of more than one acre of wetlands shall be allowed only if reviewed and approved in accordance with the wetland development standards of § 151.146(M).

      (4)   Resource protection measures. All required protection measures for wetlands located on the development site shall be installed prior to the commencement of any site development activity and shall remain in place and in working, functional order until all site development activities have ceased and the surrounding area has been permanently stabilized. All required resource protection measures for wetlands shall be installed around the outer limits of all wetland buffers, unless any development activity is proposed within the buffers, in which case the resource protection measures shall be installed around the outer limits of the wetland.

 

 

         (a)   Construction fences. Construction fencing (fluorescent polyethylene laminar safety netting or approved equivalent) with a minimum height of three feet shall be installed around the outer limits of all wetland areas. The fencing shall be entrenched, secured to ground-mounted metal or wood posts spaced a maximum of ten feet apart and maintained to prevent clearing, grading, and development activities from encroaching into wetland areas.

         (b)   Soil erosion/sediment control. Soil erosion/sediment control measures shall be designed, installed and maintained in accordance with § 151.146(J) and practices described in the Illinois Environmental Protection Agency/Natural Resource Conservation Service’s Illinois Urban Manual.

 

 

         (c)   Restricted activities within protected areas. The storage of trash and the dumping of liquids shall be prohibited within protected areas. Unless otherwise expressly allowed by this chapter, all grading and filling shall be prohibited within protected areas. The Planning, Building and Development Director shall be authorized to prohibit other activities within protected areas (such as construction material/equipment storage and vehicle parking) as a condition of site development permit/site plan approval if the Planning, Building and Development Director determines that other reasonably feasible storage alternatives exist on the subject site.

         (d)   Designation, use, maintenance, and ownership of protected areas. Protected wetland areas shall be designated, owned, and maintained in accordance with the provisions of § 151.072. Only those passive uses permitted by § 151.072(C)(1) shall be allowed within protected wetland areas.

   (D)   Wetland buffers.

      (1)   Calculation of natural resource area. A wetland buffer shall extend from the edge of the delineated wetland. A property may contain a wetland buffer that originates from wetlands on adjacent property. The natural resource protection area shall be calculated in the following manner.

         (a)   For wetlands with a total surface area of one-third acre or greater but less than one acre, a minimum wetland buffer width of 30 feet shall be required.

         (b)   For wetlands with a total surface area of one acre or greater, but less than two and one-half acres, a minimum wetland buffer width of 40 feet shall be required.

         (c)   For wetlands with a total surface area of two and one-half acres or greater, a minimum wetland buffer width of 50 feet shall be required.

         (d)   High-quality aquatic resources shall have a minimum wetland buffer width of 100 feet.

      (2)   Protection ratio. A minimum of 80% of all wetland buffer areas shall be protected and maintained as permanent open space unless otherwise expressly provided in this chapter.

      (3)   Buffer averaging. The wetland buffer width for a development site may be reduced to a minimum of one-half of the wetland buffer width required, upon approval of the Planning, Building and Development Director, provided that the total wetland buffer area required is achieved adjacent to the wetland being buffered. The consultation process of the Illinois Department of Natural Resources or U.S. Fish and Wildlife Service may override the ability to average wetland buffer areas upon approval of the Planning, Building and Development Director.

      (4)   Protected areas.

         (a)   Areas having state or federal threatened and endangered species present or for Illinois Natural Area Inventory sites, wetland buffer widths may be modified upon approval of the Planning, Building and Development Director, to meet the terms and conditions specified during consultation with the Illinois Department of Natural Resources or U.S. Fish and Wildlife Service pursuant to state and federal laws and regulations. However, any additional wetland buffer required pursuant to this provision shall not affect the site capacity calculation. The Planning, Building and Development Director shall support efforts to protect threatened and endangered species whenever the efforts are consistent with the stated purposes of this chapter.

         (b)   Areas located within 100 feet from the edge of the delineated wetlands with slopes exceeding 12% grade shall also be protected and maintained as permanent open space unless otherwise expressly provided in this chapter. The Planning, Building and Development Director shall be authorized to allow improvements such as retaining walls to prevent soil erosion and protect public safety within protected steep slope areas. Any additional wetland buffer required pursuant to this provision shall not affect the site capacity calculation.

         (c)   All existing native vegetation within protected wetland buffer areas shall be left undisturbed. Protected wetland buffer areas may be regraded if the Planning, Building and Development Director determines that the regrading is necessary to stabilize the area, prevent soil erosion or otherwise protect or enhance the protected wetland buffer area. The protected wetland buffer area may also be regraded to allow storm-water basins. Access through protected wetland buffer areas shall be provided, when necessary, for maintenance purposes. The protected wetland buffer areas shall be restabilized and re-vegetated with native vegetation immediately after any disturbance or modification. All runoff will be directed to enter protected wetland buffer areas as unconcentrated flow or will be treated to remove all silt and sediment prior to entering the adjacent wetland. In those very limited and unique circumstances when no other reasonable alternative exists, the Planning, Building and Development Director shall be authorized to allow direct runoff into the adjacent wetland with the design and implementation of acceptable best management practices (BMPs). The Planning, Building and Development Director shall report that action to the Planning, Building and Zoning Committee within 15 days of the decision or at the next regularly scheduled meeting of the Planning, Building and Zoning Committee.

 

 

      (5)   Non-protected areas. Wetland buffer areas that are not protected (the remaining 20%) may be developed with structures and impervious surfaces including trails and paths.

      (6)   Resource protection measures. All required protection measures for wetland buffers located on the development site shall be installed prior to the commencement of any site development activity and shall remain in place and in working, functional order until all site development activities have ceased or the surrounding area has been stabilized.

         (a)   Construction fences.

            1.   Construction fencing (fluorescent polyethylene laminar safety netting or approved equivalent) with a minimum height of three feet shall be installed around the outer limits of all wetland buffer areas.

            2.   The fencing shall be secured to ground-mounted metal or wood posts spaced a maximum of ten feet apart and maintained to prevent clearing, grading, and development activities from encroaching into wetland buffer areas.

         (b)   Soil erosion/sediment control. Soil erosion/sediment control measures shall be designed, installed and maintained in accordance with § 151.146(J) and practices described in the Illinois Environmental Protection Agency/Natural Resource Conservation Service’s Illinois Urban Manual.

         (c)   Restricted activities within protected areas. The storage of trash and the dumping of liquids shall be prohibited within protected areas. Unless otherwise expressly allowed by this chapter, all grading and filling shall be prohibited within protected areas. The Planning, Building and Development Director shall be authorized to prohibit other activities within protected areas (such as construction material/equipment storage and vehicle parking) as a condition of site development permit/site plan approval if the Planning, Building and Development Director determines that other reasonably feasible storage alternatives exist on the subject site according to BMPs.

 

 

         (d)   Designation, use, maintenance, and ownership of protected areas. Protected wetland buffer areas shall be designated, owned, and maintained in accordance with the provisions of § 151.072. Only those passive uses permitted by § 151.072(C)(1) shall be allowed within protected wetland buffer areas.

   (E)   Nonlinear water bodies.

      (1)   Calculation of natural resource area. The extent of a nonlinear water body (not delineated as wetlands) shall be determined based on the ordinary high water mark.

      (2)   Protection ratio. The entire area of nonlinear water bodies (100%) shall be protected and maintained as permanent open space unless otherwise expressly provided in this chapter.

      (3)   Protected areas. The Planning, Building and Development Director shall be authorized to allow only minimal development or disturbance of nonlinear water bodies, provided that the development or disturbance complies with the regulatory floodplain development standards of § 151.148(B) and all applicable U.S. Army Corps of Engineers standards.

      (4)   Resource protection measures. All required protection measures for nonlinear water bodies located on the development site shall be installed prior to the commencement of any site development activity and shall remain in place and in working, functional order until all site development activities have ceased and the surrounding area has been permanently stabilized. All required resource protection measures for nonlinear water bodies shall be installed around the outer limits of all buffer areas, unless any development activity is proposed within the buffer area, in which case the resource protection measures shall be installed around the outer limits of a nonlinear water body.

         (a)   Construction fences. Construction fencing (fluorescent polyethylene laminar safety netting or approved equivalent) with a minimum height of three feet shall be installed around the outer limits of all nonlinear water bodies. The fencing shall be entrenched, secured to ground-mounted metal or wood posts spaced a maximum of ten feet apart and maintained to prevent clearing, grading, and development activities from encroaching into nonlinear water bodies.

         (b)   Soil erosion/sediment control. Soil erosion/sediment control measures shall be designed, installed, and maintained in accordance with § 151.146(J) and practices described in the Illinois Environmental Protection Agency/Natural Resource Conservation Service’s Illinois Urban Manual.

 

 

         (c)   Restricted activities within protected areas. The storage of trash and the dumping of liquids shall be prohibited within protected areas. Unless otherwise expressly allowed by this chapter, all grading and filling shall be prohibited within protected areas. The Planning, Building and Development Director shall be authorized to prohibit other activities within protected areas (such as construction material/equipment storage and vehicle parking) as a condition of site development permit/site plan approval if the Planning, Building and Development Director determines that other reasonably feasible storage alternatives exist on the subject site. The Planning, Building and Development Director shall report the action to the Planning, Building and Zoning Committee within 15 days of the decision or at the next regularly scheduled meeting of the Planning, Building and Zoning Committee.

         (d)   Designation, use, maintenance, and ownership of protected areas. Protected nonlinear water bodies areas shall be designated, owned, and maintained in accordance with the provisions of § 151.072. Only those passive uses permitted by § 151.072(C)(1) shall be allowed within protected nonlinear water body areas.

   (F)   Nonlinear water body buffers.

      (1)   Calculation of natural resource area. Nonlinear water body buffers (that are not delineated as wetlands) shall extend from the ordinary high water mark. A property may contain a buffer that originates from a water body on an adjacent property. The natural resource protection area for nonlinear water body buffers shall be calculated in the following manner.

         (a)   For nonlinear water bodies with a total surface area of one-third acre or greater but less than one acre, a minimum buffer width of 30 feet shall be required.

         (b)   For nonlinear water bodies with a total surface area of one acre or greater but less than two and one-half, a minimum buffer width of 40 feet shall be required.

         (c)   For nonlinear water bodies with a total surface area of two and one-half acres or greater, a minimum buffer width of 50 feet shall be required.

      (2)   Protection ratio. A minimum of 80% of all nonlinear water body buffer areas shall be protected and maintained as permanent open space unless otherwise expressly provided in this chapter.

      (3)   Buffer averaging. The nonlinear water body buffer width for a development site may be reduced to a minimum of one-half of the buffer width otherwise required, upon approval of the Planning, Building and Development Director, provided that the total buffer area required is achieved adjacent to the resource being buffered. The consultation process of the Illinois Department of Natural Resources or U.S. Fish and Wildlife Service may override the ability to average buffer areas upon approval of the Planning, Building and Development Director.

      (4)   Protected areas.

         (a)   Areas having state or federal threatened and endangered species present or for Illinois Natural Area Inventory sites, nonlinear water body buffer widths may be modified upon approval of the Planning, Building and Development Director, to meet the terms and conditions specified during consultation with the Illinois Department of Natural Resources or U.S. Fish and Wildlife Service pursuant to state and federal laws and regulations. However, any additional nonlinear water body buffer required pursuant to this provision shall not affect the site capacity calculation.

         (b)   Areas located within 100 feet from the ordinary high water mark of a nonlinear water body with slopes exceeding 12% grade shall also be protected and maintained as permanent open space unless otherwise expressly provided in this chapter. The Planning, Building and Development Director shall be authorized to allow improvements such as retaining walls to prevent soil erosion and protect public safety within protected steep slope areas. Any additional nonlinear water body buffer required pursuant to this provision, shall not affect the site capacity calculation.

         (c)   All existing native vegetation within protected nonlinear water body buffer areas shall be left undisturbed. Protected nonlinear water body buffer areas may be re-graded if the Planning, Building and Development Director determines that the regrading is necessary to stabilize the area, prevent soil erosion, or otherwise protect or enhance the protected nonlinear water body buffer areas. The protected nonlinear water body buffer areas may also be regraded to allow stormwater basins. Access through protected nonlinear water body buffer areas shall be provided, when necessary, for maintenance purposes. The protected nonlinear water body buffer areas shall be re-stabilized and re-vegetated with native vegetation immediately after any disturbance or modification. All runoff will be directed to enter protected nonlinear water body buffer areas as unconcentrated flow or will be treated to remove all silt and sediment prior to entering the adjacent water body. Only in those very limited and unique circumstances where no other reasonable alternative exists, the Planning, Building and Development Director may allow a direct runoff into the adjacent water body with the design and implementation of acceptable best management practices (BMPs). The Planning, Building and Development Director shall report that action to the Planning, Building and Zoning Committee within 15 days of the decision or at the next regularly scheduled meeting of the Planning, Building and Zoning Committee.

 

 

      (5)   Non-protected areas. Nonlinear water body buffer areas that are not protected (the remaining 20%) may be developed with structures and impervious surfaces including trails and paths. This provision is intended to allow boat ramps, walkways, and other similar features.

      (6)   Resource protection measures. All required protection measures for nonlinear water body buffer areas located on the development site shall be installed prior to the commencement of any site development activity and shall remain in place and in working, functional order until all site development activities have ceased or the surrounding area has been stabilized.

         (a)   Construction fences. Construction fencing (fluorescent polyethylene laminar safety netting or approved equivalent) with a minimum height of three feet shall be installed around the outer limits of all nonlinear water body buffer areas. The fencing shall be secured to ground-mounted metal or wood posts spaced a maximum of ten feet apart and maintained to prevent clearing, grading, and development activities from encroaching into nonlinear water body buffer areas.

         (b)   Soil erosion/sediment control. Soil erosion/sediment control measures shall be designed, installed and maintained in accordance § 151.146(J) and practices described in the Illinois Environmental Protection Agency/Natural Resource Conservation Service’s Illinois Urban Manual.

 

 

         (c)   Restricted activities within protected areas. The storage of trash and the dumping of liquids shall be prohibited within protected areas. Unless otherwise expressly allowed by this chapter, all grading and filling shall be prohibited within protected areas. The Planning, Building and Development Director shall be authorized to prohibit other activities within protected areas (such as construction material/equipment storage and vehicle parking) as a condition of site development permit/site plan approval if the Planning, Building and Development Director determines that other reasonably feasible storage alternatives exist on the subject site. The Planning, Building and Development Director shall report that action to the Planning, Building and Zoning Committee within 15 days of the decision or at the next regularly scheduled meeting of the Planning, Building and Zoning Committee.

         (d)   Designation, use, maintenance, and ownership of protected areas. Protected nonlinear water body buffer areas shall be designated, owned, and maintained in accordance with the provisions of § 151.072. Only those passive uses permitted by § 151.072(C)(1) shall be allowed within protected nonlinear water body buffer areas.

   (G)   Linear water bodies.

      (1)   Calculation of natural resource area. The extent of a linear water body (not delineated as wetlands) shall be determined based on the ordinary high water mark.

      (2)   Protection ratio. The entire area (100%) of linear water bodies shall be protected and maintained as permanent open space unless otherwise expressly provided in this chapter.

      (3)   Protected areas. Protected linear water bodies may be modified for stormwater conveyance or detention purposes only in accordance with the site development regulations of §§ 151.145 through 151.154 and all other applicable regulations of this chapter. Protected linear water bodies may be modified for restoration purposes, provided that a restoration plan has been prepared, submitted, and approved by all of the appropriate federal, state, and county regulatory agencies (IDNR/OWR, ACOE, LCSMC) and is consistent with the site development regulations of §§ 151.145 through 151.154. Restoration of protected linear water bodies may include but is not limited to regrading and re-vegetating banks with native plant species, placement of appropriate in-stream habitat structures (subject to consultation with IDNR), or re-meandering a straightened linear water body to increase habitat diversity.

      (4)   Resource protection measures. All required protection measures for linear water bodies located on the development site shall be installed prior to the commencement of any site development activity and shall remain in place and in working, functional order until all site development activities have ceased or the surrounding area has been stabilized. All required resource protection measures for linear water bodies shall be installed around the outer limits of all buffer areas, unless any development activity is proposed within the buffer areas, in which case the resource protection measures shall be installed around the outer limits of a water body.

         (a)   Construction fences. Construction fencing (fluorescent polyethylene laminar safety netting or approved equivalent) with a minimum height of three feet shall be installed around the outer limits of all linear water bodies. The fencing shall be secured to ground-mounted metal or wood posts spaced a maximum of ten feet apart and maintained to prevent clearing, grading, and development activities from encroaching into linear water body areas.

         (b)   Soil erosion/sediment control. Soil erosion/sediment control measures shall be designed, installed and maintained in accordance § 151.146(J) and practices described in the Illinois Environmental Protection Agency/Natural Resource Conservation Service’s Illinois Urban Manual.

 

 

         (c)   Restricted activities within protected areas. The storage of trash and the dumping of liquids shall be prohibited within protected areas. Unless otherwise expressly allowed by this chapter, all grading and filling shall be prohibited within protected areas. The Planning, Building and Development Director shall be authorized to prohibit other activities within protected areas (such as construction material/equipment storage and vehicle parking) as a condition of site development permit/site plan approval if the Planning, Building and Development Director determines that other reasonably feasible storage alternatives exist on the subject site. The Planning, Building and Development Director shall notify the Planning, Building and Zoning Committee of all these decisions within 15 days of action or at the next regularly scheduled meeting of the Planning, Building and Zoning Committee.

         (d)   Designation, use, maintenance, and ownership of protected areas. Protected linear water body areas shall be designated, owned, and maintained in accordance with the provisions of § 151.072. Only those passive uses permitted by § 151.072(C)(1) shall be allowed within protected linear water body areas.

   (H)   Linear water body buffers.

      (1)   Calculation of natural resource area. Linear water body buffers (that are not delineated as wetlands) shall extend from the ordinary high water mark. A property may contain a linear water body buffer that originates from a linear water body on an adjacent property. The natural resource protection area shall be calculated in the following manner.

         (a)   Linear water bodies with a watershed of more than 20 acres, but less one square mile, shall have a water body buffer of at least 50 feet on each side of the water body.

         (b)   When the linear water body has a watershed greater than one square mile, the minimum linear water body buffer width shall be 30 feet on each side of the water body.

         (c)   Linear water bodies with an index of biotic integrity (IBI) greater than 40 shall have a minimum linear water body buffer width of 100 feet on each side. (Initial IBI based on Illinois Environmental Protection Agency Illinois Water Quality Report, biannual. A site-specific IBI assessment may override this report.)

         (d)   Linear water body buffers shall not be required for water bodies enclosed in an underground conduit or culvert.

      (2)   Protection ratio. A minimum of 80% of all linear water body buffer areas shall be protected and maintained as permanent open space unless otherwise expressly provided in this chapter.

      (3)   Buffer averaging. The linear water body buffer width for a development site may be reduced to a minimum of one-half of the linear water body buffer width required, upon approval of the Planning, Building and Development Director, provided that the total linear water body buffer area required is achieved adjacent to the resource being buffered. The consultation process of the Illinois Department of Natural Resources or U.S. Fish and Wildlife Service may override the ability to average linear water body buffer areas upon approval of the Planning, Building and Development Director.

      (4)   Protected areas.

         (a)   Areas having state or federal threatened and endangered species present or for Illinois Natural Area Inventory sites, linear water body buffer widths may be modified upon approval of the Planning, Building and Development Director, to meet the terms and conditions specified during consultation with the Illinois Department of Natural Resources or U.S. Fish and Wildlife Service pursuant to state and federal laws and regulations. However, any additional linear water body buffer required pursuant to this provision shall not affect the site capacity calculation.

         (b)   Areas located within 100 feet from the ordinary high water mark of a water body with slopes exceeding 12% grade shall also be protected and maintained as permanent open space unless otherwise expressly provided in this chapter. The Planning, Building and Development Director shall be authorized to allow improvements such as retaining walls to prevent soil erosion and protect public safety within protected steep slope areas. Any additional linear water body buffer required pursuant to this provision shall not affect the site capacity calculation.

         (c)   All existing native vegetation within protected linear water body buffer areas shall be left undisturbed. Protected linear water body buffer areas may be re-graded if the Planning, Building and Development Director determines that the regrading is necessary to stabilize the area, prevent soil erosion, or otherwise protect or enhance the protected linear water body buffer areas. The protected linear water body buffer areas may also be regraded to allow stormwater basins. Access through protected linear water body buffer areas shall be provided, when necessary, for maintenance purposes. The linear water body buffer areas shall be re-stabilized and re-vegetated with native vegetation immediately after any disturbance or modification. All runoff will be directed to enter protected linear water body buffer areas as unconcentrated flow or will be treated to remove all silt and sediment prior to entering the adjacent water body. Only in those very limited and unique circumstances where no other reasonable alternative exists, the Planning, Building and Development Director may allow a direct runoff into the adjacent water body with the design and implementation of acceptable best management practices (BMPs). The Planning, Building and Development Director shall report that action to the Planning, Building and Zoning Committee within 15 days of the decision or at the next regularly scheduled meeting of the Planning, Building and Zoning Committee.

      (5)   Non-protected areas.

         (a)   Linear water body buffer areas that are not protected (the remaining 20%) may be developed with structures and impervious surfaces including paths and trails.

         (b)   This provision is intended to allow boat ramps, walkways and other similar features.

 

 

      (6)   Resource protection measures. All required protection measures for linear water body buffers located on the development site shall be installed prior to the commencement of any site development activity and shall remain in place and in working functional order until all site development activities have ceased or the surrounding area has been stabilized.

         (a)   Construction fences. Construction fencing (fluorescent polyethylene laminar safety netting or approved equivalent) with a minimum height of three feet shall be installed around the outer limits of all linear water body buffer areas. The fencing shall be secured to ground-mounted metal or wood posts spaced a maximum of ten feet apart and maintained to clearing, grading, and development activities from encroaching into buffer areas.

         (b)   Soil erosion/sediment control. Soil erosion/sediment control measures shall be designed, installed and maintained in accordance § 151.146(J) and practices described in the Illinois Environmental Protection Agency/Natural Resource Conservation Service’s Illinois Urban Manual.

 

 

         (c)   Restricted activities within protected areas. The storage of trash and the dumping of liquids shall be prohibited within protected areas. Unless otherwise expressly allowed by this chapter, all grading and filling shall be prohibited within protected areas. The Planning, Building and Development Director shall be authorized to prohibit other activities within protected areas (such as construction material/equipment storage and vehicle parking) as a condition of site development permit/site plan approval if the Planning, Building and Development Director determines that other reasonably feasible storage alternatives exist on the subject site.

         (d)   Designation, use, maintenance, and ownership of protected areas. Protected linear water body areas shall be designated, owned, and maintained in accordance with the provisions of § 151.072. Only those passive uses permitted by § 151.072(C)(1) shall be allowed within protected linear water body areas.

   (I)   Woodlands and significant trees.

      (1)   Calculation of natural resource area.

         (a)   Mature woodlands. A mature woodland is an area or stand of trees whose total combined canopy covers an area of 20,000 square feet or more, at least 50% of which is composed of trees having a diameter breast height of 16 inches or more.

         (b)   Groves. A grove is a stand of five or more individual trees whose total combined canopy covers an area of less than 20,000 square feet, at least 50% of which is composed of trees having a diameter breast height of 16 inches or more.

         (c)   Young woodlands. A young woodland is an area or stand of trees whose total combined canopy covers an area of 20,000 square feet or more, at least 50% of which is composed of trees having a diameter breast height of at least three inches and less than 16 inches.

         (d)   Significant trees. Significant trees are trees having a diameter breast height (four and one-half feet above average ground elevation) of 24 inches or greater for deciduous trees and 12 inches or greater for evergreen trees.

         (e)   Trees planted for commercial purposes.

            1.   Active commercial nurseries and Christmas tree operations shall be exempt from the woodland protection standards of this subchapter. If a commercial nursery operation has been abandoned, the areas shall be subject to the woodland protection standards of this subchapter.

            2.   In determining whether the areas qualify for protection, the Planning, Building and Development Director shall be authorized to require the submission of an assessment of the areas that identifies: the canopy and understory vegetation; the estimated canopy area; the general health condition of the trees; and relevant site conditions such as soils or drainage conditions that may promote or prohibit maturity of the vegetation.

         (f)   Noxious species. Undesirable or non-native tree species such as Acer negundo (box elder), Robinia pseudoacacia (black locust), Rhamnus cathartica (common buckthorn), Rhamnus frangula (smooth buckthorn), Ailanthus altissima (tree of heaven), Morus alba (white or common mulberry), Eleagnus angustifolia (Russian olive), Eleagnus umbellata (autumn olive), Populus alba (white poplar) and Ulmus pumila (siberian elm) shall not be considered a natural resource and shall not require protection under this section.

      (2)   Tree surveys. Tree surveys shall be required for all parcels that contain mature woodlands, groves, young woodlands, or significant trees. Tree surveys shall identify the location, size (caliper), species and condition health rating of all trees having a diameter breast height of 12 inches or more. Property line and hedge row trees shall be included in the tree survey. Required tree surveys and inventories shall be conducted by a certified arborist, professional forester, or by a registered professional in a related field. The Planning, Building and Development Director may waive all or a portion of the tree survey requirements if it is determined that no development will take place within a protected woodland area. A condition health rating categorizes trees in one of the following health categories: 5) excellent, 4) very good, 3) good, 2) fair, or 1) poor. The Planning, Building and Development Director may authorize removal of trees identified as “fair” or “poor” by a certified arborist or professional forester.

      (3)   Protection ratios. See Figure 151.071(I).

         (a)   Mature woodlands. A minimum of 70% of mature woodland areas shall be protected and maintained as permanent open space unless otherwise expressly provided in this chapter.

         (b)   Groves. A minimum of 70% of grove areas shall be protected and maintained as permanent open space unless otherwise expressly provided in this chapter.

         (c)   Young woodlands. A minimum of 50% of young woodland areas shall be protected and maintained as permanent open space unless otherwise expressly provided in this chapter.

         (d)   Significant trees. At least 70% of all significant trees shall be protected and maintained as permanent open space except those trees that are located within the ultimate rights-of-way of existing roads and existing drainage and utility easements which may be disturbed during construction. All care and effort shall be applied to locate buildings and improvements in a way that reduces the need for removal of significant trees.

         (e)   Mixed (mature-young) woodland areas. In woodland areas containing a combination of young and mature woodlands, the minimum area that must be protected may be determined by calculating the weighted average protection ratio applicable to the woodland as a whole, in accordance with the following formula:

 

 

      (4)   Protected areas. Areas located within 100 feet from the edge of the woodlands with slopes exceeding 12% grade shall be protected and maintained as permanent open space unless otherwise expressly provided in this chapter. The Planning, Building and Development Director shall be authorized to allow improvements such as retaining walls to prevent soil erosion and protect public safety within protected steep slope areas. Any additional buffer required pursuant to this provision shall not affect the site capacity calculation.

      (5)   Non-protected areas. Woodland areas that are not required to be protected may be cleared or developed.

      (6)   Resource protection measures. All required protection measures for woodlands, groves and significant trees located on the development site shall be installed prior to the commencement of any site development activity and shall remain in place and in working, functional order until all site development activities have ceased and the surrounding area has been permanently stabilized.

         (a)   Construction fences. Construction fencing (fluorescent polyethylene laminar safety netting or approved equivalent) with a minimum height of three feet shall be installed around the drip lines of all woodlands, groves, and significant trees, prior to pruning. The fencing shall be entrenched, secured to ground-mounted metal or wood posts spaced a maximum of ten feet apart and maintained to prevent clearing, grading, and development activities from encroaching into woodlands, groves, and significant tree areas.

         (b)   Soil erosion/sediment control. Soil erosion/sediment control measures shall be designed, installed and maintained in accordance § 151.146(J) and practices described in the Illinois Environmental Protection Agency/Natural Resource Conservation Service’s Illinois Urban Manual.

 

 

         (c)   Restricted activities within protected areas. The storage of trash and the dumping of liquids shall be prohibited within protected areas. Other activities, such as construction material/equipment storage and vehicle parking, shall also be prohibited within protected areas. Unless otherwise expressly allowed by this chapter, all grading and filling shall be prohibited within protected areas.

         (d)   Designation, use, maintenance, and ownership of protected areas. Protected woodlands, groves, and significant trees areas shall be designated, owned, and maintained in accordance with the provisions of § 151.072. Only those passive uses permitted by § 151.072(C)(1) shall be allowed within protected areas.

         (e)   Replacement of woodland credit.  

            1.   If the Planning, Building and Development Director determines that practical difficulties or hardships will result from strict application of the woodland and tree protection standards of this subsection (I)(6), the Planning, Building and Development Director may authorize the clearance of more protected tree or woodland area than is otherwise permitted by this subsection (I)(6), in accordance with the following table. The Planning, Building and Development Director shall notify the Planning, Building and Zoning Committee of all these decisions within 15 days of action or at the next regularly scheduled meeting of the Planning, Building and Zoning Committee.

 

 

            2.   In order to receive replacement of woodland credit, the following shall be required:

               a.   The developer shall designate a new woodland area on a part of the site not forested. A reforestation plan, prepared by a certified arborist or registered landscape architect, shall be submitted to the Planning, Building and Development Department showing the location, size, and type of all plant materials to be installed. The materials shall be of a suitable type and compatible with the existing or native vegetation of the site.

               b.   The new woodland area shall consist of one and one-half times the surface acreage of the woodland area disturbed pursuant to this subsection (I)(6) (the new woodland area shall be subtracted from the net buildable site area calculated under § 151.070).

               c.   The following amount of plant materials shall be provided per each acre of new woodland to be established. Fractional requirements resulting from fractions of acres to be established shall be rounded up. Types of plant materials shall conform to the list of plant materials found in Appendix A. Either of the following two options may be chosen:

 

 

      (7)   Removal, damage and replacement of significant trees.

         (a)   Removal. The Planning, Building and Development Director may allow the removal of protected significant trees, when deemed necessary to allow:

            1.   Work shown on approved construction or engineering plans; or

            2.   Construction of buildings or improvements.

         (b)   Reports. Within 15 days of approving the removal of protected significant trees, the Planning, Building and Development Director shall provide a report to the Planning, Building and Zoning Committee. This report shall describe the action taken and the basis for the decision.

         (c)   Replacement.

            1.   If the Planning, Building and Development Director allows the removal of protected significant trees, or if the protected trees are damaged during the construction process, high-quality replacement trees of the same species or a species considered native to the area or any other species approved by the Planning, Building and Development Director after consultation with other county departments shall be provided on the development site.

            2.   The combined total caliper of the replacement trees shall equal at least the combined caliper of the trees to be removed, and all replacement trees shall have a minimum caliper size of three inches.

            3.   If trees that may have fallen under natural resource protection have been removed prior to site capacity/site plan review approval or in the absence of a tree survey, a licensed arborist must provide an assessment of the impact using all available information. The burden of determining the extent of natural resources shall, in all cases, be upon the property owner and/or developer. In the absence of credible evidence supplied by the applicant, staff shall determine the extent to which protected woodlands or significant trees have been impacted based on all available information.

(Ord., § 4.2, passed 10-13-2009; Ord. passed 8-14-2012; Ord. 19-1378, passed 9-10-2019)

   (A)   General.

      (1)   Use.

         (a)   Land designated as open space shall be used and maintained as open space and may not be separately subdivided or developed except as provided herein.

         (b)   The Planning, Building and Development Director shall be authorized to allow development within designated open space areas for the maintenance or enhancement of the protected open space.

         (c)   When open space areas are designated for specific uses that require the construction of improvement, the improvements shall be appropriately sized and designed to meet the needs of the development.

         (d)   The Planning, Building and Development Director shall specifically be authorized to allow fences, walls, signs, and other structures within open space areas, if necessary to protect or enhance the function of the open space areas, or when the Planning, Building and Development Director determines that the improvements or structures will not be detrimental to the function of the open space area being preserved.

         (e)   Fences at least 90% open shall also be allowed in designated open space provided at least one of the following circumstances are present:

            1.   Where the designated open space abuts designated open space or a protected natural resource in an adjacent development;

            2.   Where the fence is proposed within an S-1 bufferyard in a subdivision platted prior to April 11, 2000; and

            3.   Where the fence is proposed within deed-restricted open space.

      (2)   Design and layout. In designing subdivisions and laying out developments, efforts shall be taken to maximize the use and enjoyment of open spaces for the purposes designated. Small strips or spots of open space shall be avoided; they may be used only when no other practical means exists for providing required open space.

      (3)   Landscaping. Landscaping within open space areas shall be designed so that open space areas are aesthetically pleasing and functionally usable for the purpose specified. Native plant materials shall be used unless otherwise approved by the Planning, Building and Development Director.

      (4)   Management plan. A management plan covering a minimum period of five years following release of the maintenance assurance shall be prepared and submitted for all natural resource protection areas.

      (5)   Review. Open space plans shall be submitted and reviewed as part of the site capacity calculation/site plan review process of § 151.070 or the subdivision process of § 151.191, whichever occurs first.

      (6)   Performance and maintenance assurances.

         (a)   The Planning, Building and Development Director may require a performance assurance in order to ensure the proper installation of landscaping, recreational, or other improvements within open space areas and to ensure maintenance of natural resource protection areas.

         (b)   The performance assurance may be required in an amount up to 130% of the design engineer’s estimate of cost for maintenance of open space areas, required improvements, and landscaping, and shall be filed at the time of county approval of the subject development for a time period of one, two, or three years.

         (c)   If deemed necessary, the Planning, Building and Development Director may also require a maintenance assurance equal to at least 10% of the original performance assurance to be filed at the time of the release of the performance assurance for a time period of one, two, or three years to ensure maintenance of the open space areas and improvements located within open space areas.

   (B)   Designation of open space. The location and total area of all common or deed-restricted open space shall be clearly identified on all required plans (see Figure 151.072, below). Open space shall be designated in one of the following ways.

      (1)   Natural resource protection areas. Natural resource protection areas are open space areas required for the protection of those natural resource areas identified in § 151.071.

      (2)   Restoration areas. Restoration areas are open space areas designated for the creation, enhancement or restoration of natural habitats, such as natural or restored wetlands, woodlands, prairies, or savannas.

 

 

      (3)   Recreational areas.

         (a)   Recreational areas are open space areas designated for specific recreational uses.

         (b)   The uses may include tot lots, tennis courts, swimming pools, ballfields, and similar active recreational uses.

      (4)   Greenway areas. Greenway areas are open space areas established as linear green belts linking open space areas with residential areas, nonresidential areas, or other open space areas.

      (5)   Landscape areas.

         (a)   Landscape areas are open space areas that are typically landscaped and serve to ameliorate adverse impacts and nuisances between adjacent land uses or between a land use and a road.

         (b)   The areas designated as landscape areas shall not be counted toward meeting the open space requirement.

      (6)   Agricultural areas.

         (a)   Agricultural areas are open space areas designated for agricultural uses and the production of agricultural products.

         (b)   Agricultural areas may also be used as community garden plots within a development.

      (7)   Stormwater detention areas.

         (a)   Stormwater detention areas are open space areas designed or used for the detention or retention of stormwater runoff within a development.

         (b)   Only those stormwater detention basins that are designed as wetlands or wet bottom basins with native vegetation along wetland and water body buffer areas and side slopes shall be counted toward meeting the open space requirement.

 

 

      (8)   Sewage disposal areas. Sewage disposal areas are open space areas designed or used for the location of community sewage collection and disposal systems or individual sewage disposal systems.

   (C)   Use of open space. The use of open space areas shall be restricted to those activities that permit the use and enjoyment of the open space without compromising designated purpose of the open space area.

      (1)   Natural resource protection areas. The use of natural resource protection areas shall be limited to non-vehicular, passive recreational activities. The activities may include nature studies, hiking, cross-country skiing, picnicking, and other similar passive recreational activities. This provision shall not be interpreted as prohibiting the use and enjoyment of lakes and ponds for recreational uses normally associated with the bodies of water. Improvements such as trails or boardwalks are permitted in natural resource protection areas, provided that the improvements have no negative impact on the resource being protected and the improvements comply with all other applicable standards of this chapter. Access to sensitive natural resource protection areas may be restricted in order to ensure the preservation of the areas.

      (2)   Restoration areas. The use of restoration areas shall be limited to passive recreational activities that do not hinder preservation of the environmental feature being protected. The activities may include hiking, biking, cross-country skiing, picnicking, horseback riding and other similar passive recreational activities.

      (3)   Recreational areas. The use of recreational areas shall be limited to recreational activities, which may include golf courses, tennis courts, swimming pools, ballfields, playgrounds, tot lots, and other similar active recreational uses. The specific uses shall be identified for each designated recreational area. Roads, parking areas, and structures (such as gazebos, club houses, and shelter houses) that are ancillary to specific recreational activities shall be permitted within recreational areas, provided that they comply with all applicable standards of this chapter and do not exceed the floor area or impervious surface standards. Recreational areas shall be accessible to all residents of a development.

      (4)   Greenway areas. The use of greenway areas shall be limited to non-motorized, passive recreational activities. Greenways shall contain multi-modal path systems that may be used for walking, jogging, biking, cross-country skiing, horseback riding, and other similar passive recreational activities. In golf course communities, golf carts may also be operated within greenways. The use of greenway areas may be restricted to specific passive recreational activities. All greenway areas shall remain accessible to all residents of a development.

      (5)   Landscape areas. Landscape areas shall be subject to the standards of § 151.167. Access to landscape areas may be restricted in order to preserve their function.

      (6)   Agricultural areas. The use of agricultural areas shall be limited to those activities involved in the cultivation of soil, the production of crops, or the raising of livestock. Access between agricultural areas and non-agricultural areas may be restricted, provided that when agricultural areas are designated for garden plots, they shall be accessible to all residents of the subject development. Uses and structures ancillary to the agricultural use of the open space area shall be permitted, provided that they comply with all applicable standards of this chapter and do not exceed the floor area and impervious surface standards.

      (7)   Stormwater detention areas. The use of stormwater detention/retention areas shall be limited to those activities that do not interfere with the area’s function as a stormwater detention area. Access to stormwater detention areas may be restricted to ensure public safety.

      (8)   Sewage disposal areas. The use of sewage disposal areas shall be limited to community sewage collection and disposal systems or individual sewage disposal systems that are designed and approved in accordance with all applicable county, state, and federal standards.

   (D)   Maintenance of open space.

      (1)   Natural resource protection areas. Maintenance of natural resource protection areas shall consist of the removal of litter, junk, and debris. Maintenance shall also include the removal of dead or diseased vegetation and such species as Lonicera tatarica (honeysuckle), Rhamnus cathartica (common buckthorn), Phalaris arundinacea (reed canary grass), Lythrum salicaria (purple loosestrife), Alliaria officinalis (garlic mustard), Rhamnus frangula (smooth buckthorn), Robinia pseudoacacia (black locust) or other invasive species that the Planning, Building and Development Director has determined are or may be detrimental to the health of the resource being protected. Natural watercourses shall be maintained free-flowing and devoid of debris. Streams and nonlinear waterbodies shall be maintained so as not to alter floodplain levels.

      (2)   Restoration areas. Maintenance of restoration areas shall consist of the removal of litter, junk, and debris. Maintenance may also include the removal of dead or diseased vegetation, those species identified in the preceding subsection (D)(1), or other invasive species that the Planning, Building and Development Director has determined are or may be detrimental to the health of the resource being protected. Natural watercourses shall be maintained free-flowing and devoid of debris. Stream channels and linear water bodies shall be maintained so as not to alter floodplain levels.

      (3)   Recreational areas. Recreational areas shall be maintained to ensure that they remain in usable condition and that no hazards, nuisances, or unhealthy conditions exit.

      (4)   Greenway areas. Greenway areas shall be maintained to ensure that they remain aesthetically and functionally usable, as originally designed, and that no hazards, nuisances, or unhealthy conditions exist.

      (5)   Landscape areas. Landscape areas shall be maintained to ensure that they remain functionally usable, as originally designed, and that no hazards, nuisances, or unhealthy conditions exist. This shall include the removal of litter, junk, and debris and the replacement of dead or diseased vegetation.

      (6)   Agricultural areas. Agricultural areas shall be maintained as necessary to ensure the productivity of the land for the designated agricultural use.

      (7)   Stormwater detention areas. Stormwater detention/retention areas shall be maintained to comply with the site development regulations of §§ 151.145 through 151.154.

      (8)   Sewage disposal areas. Sewage disposal areas shall be maintained in accordance with all applicable county, state, and federal standards, including those of the Lake County Health Department. Financial assurances or maintenance bonds may be required to ensure ongoing maintenance.

   (E)   Ownership of open space. The form of ownership of all required open space areas shall be designated on all plans. Open space areas may be owned by any one of the following mechanisms, or combinations thereof:

      (1)   Dedication. Open space may be dedicated to the county, township, an appropriate public agency, or not-for-profit open space organization that is willing to accept the dedication, provided the terms of the conveyance have been reviewed and approved by the Planning, Building and Development Director.

      (2)   Common ownership. Open space may be held in common ownership by a property owners’ association who shall assume full responsibility for its maintenance and who shall prevent development and subsequent subdivision of the open space land for other than open space purposes. In the event that open space is to be owned and maintained by a property owners’ association, documents establishing the association, detailing its obligation and otherwise providing for the maintenance and preservation of open space areas shall be prepared and submitted with all required plans. Covenants shall provide for the mandatory inclusion of all property owners for the purpose of being responsible for continuing maintenance of the open space.

      (3)   Deed restriction.

         (a)   Open space may be held in deed-restricted ownership which ensures that no development and subsequent subdivision of the open space land for other than open space uses shall be permitted. The maintenance responsibility of all open space areas shall be specified and provision shall be made for guaranteeing this responsibility.

         (b)   Within residential developments, open space designated as recreational areas, greenway areas or stormwater detention areas shall not be held in deed-restricted ownership, except when otherwise approved by the Planning, Building and Development Director. Moreover, in residential subdivisions wherein each lot contains at least 80,000 square feet, required open space may be held in deed-restricted ownership. The Planning, Building and Development Director may approve deed-restricted open space on lots less than 80,000 square feet only when: the subdivision consists of five lots or fewer and each lot within the subdivision contains at least 40,000 square feet of lot area; or the resultant open space is contiguous to other open space in the subdivision or on an adjacent property. Within 15 days of approving deed-restricted open space in accordance with this section, the Planning, Building and Development Director shall provide a report to the Planning, Building and Zoning Committee. The report shall describe the action taken and the basis for the decision. Deed-restricted open space shall not be allowed in conservation developments.

(Ord., § 4.3, passed 10-13-2009; Ord. passed 8-14-2012)