3.   Lots shall be located as to minimize negative impacts on the natural, visual, and cultural resources of the site and between incompatible uses and activities.

      4.   Lots shall be designed and sited to:

         a.   Avoid disturbance of ADID high quality habitat wetlands and remnant prairies unless there are no practicable alternatives.

         b.   Avoid disturbance of steep slopes (slopes of twelve percent (12%) or more) unless there are no practicable alternatives.

         c.   Avoid disturbance of woodlands and savannas unless there are no practicable alternatives. In all cases, the subdivider shall preserve at least seventy percent (70%) of the area of woodland and savanna of one (1) acre or larger.

         d.   Avoid disturbance of wetlands and wetland buffers unless there are no practicable alternatives. In all cases, the subdivider shall preserve at least eighty percent (80%) of wetlands and wetland buffers.

         e.   Avoid disturbance of floodplains unless there are no practicable alternatives. In all cases, the subdivider shall preserve at least ninety percent (90%) of floodplains by area.

         f.   Minimize fragmentation of natural areas and open space while also providing for access and views from clusters.

         g.   Minimize disturbance of natural depressions, drainage ways, and sensitive recharge areas to facilitate their use for runoff infiltration and filtering.

         h.   Maintain scenic views of open space from adjacent and proposed roads. Minimize visual impact through the use of landscape.

         i.   Protect high priority aquifer recharge areas as identified in the SARA Map.

         j.   Preserve buildings and sites of historic significance or incorporate them through adaptive reuse.

      1.   Parking lots shall be designed to maximize the opportunity to infiltrate and filter runoff from the lot. The use of pervious surface is encouraged in lieu of conventional asphalt or concrete paving. However, consideration and mitigation of potential groundwater contamination resulting from the infiltration of stormwater runoff into the subsurface shall be included in the design.

      2.   Parking lot runoff shall be routed to swales and bio-swales. Where curbing is determined to be necessary, frequent curb cuts are required to allow runoff to enter swale and bio-swale structures.

         a.   A stewardship plan shall be prepared by a specialist in the area of ecological restoration or natural landscape. The plan shall be comprised of two parts: 1) a short-term plan for the establishment, enhancement, and restoration of natural areas; and 2) a long-term plan for the maintenance and monitoring of natural areas in perpetuity.

         b.   The plan shall be approved as part of the subdivision review process and recorded in the covenants for the subdivision. The plan shall be in text form with appropriate maps and/or graphic renderings that identify the various management units on the site. The plan shall provide specific details and methods regarding the preservation, re-establishment, maintenance, and management of open areas and natural resources in perpetuity on the subject site. It shall be in a format that is easily understood and identify all specific tasks that shall be completed in order to ensure the viability of current and future resources on the site.

         c.   The plan shall address and/or allocate:

            (1)   The short-term enhancement and restoration of remnant natural areas and the establishment of new landscapes.

            (2)   The long-term maintenance and monitoring of such areas.

            (3)   The responsibility and guidelines for performing said tasks and any necessary provisions for replacement costs and long-term capital improvements.

         d.   In addition, the plan shall:

            (1)   Serve as an educational resource for future residents and property owners.

            (2)   Designate and map the ownership of natural features and dedicated open space.

            (3)   Allocate responsibility and guidelines for the maintenance and operation of the dedicated open space and any facilities located thereon, including provisions for ongoing maintenance and long-term capital improvements.

            (4)   Estimate the cost for maintenance, inspection and operation of the dedicated open space areas for said work. The plan shall describe the means by which such funding will be obtained.

            (5)   Provide that the plan cannot be changed without the approval of the County and describe how the plan will be enforced.

         e.   The stewardship plan shall include performance standards for all natural open space areas and naturalized stormwater management facilities and buffers. The performance standards shall identify proposed methods for establishing the areas and require monitoring and maintenance for at least three (3) full growing seasons following initial enhancement, restoration, and planting, or until initial performance standards have been met. The design intent for such areas is to provide an aesthetic, healthy, and diverse community of native vegetation to meet the objectives of soil stabilization, water quality improvement, and wildlife habitat. Minimum performance standards for restoration, planting, maintenance, and monitoring of natural open space and naturalized stormwater facilities are detailed below. Under circumstances where the minimum performance standards are not met, alternative performance standards shall be presented to and approved through the development review process.

         f.   Beyond the initial establishment and restoration period, regular maintenance and management shall be performed in perpetuity to continue to meet the performance criteria and to enhance natural ecologic conditions over time.

      2.   Short-Term Landscape Restoration and Planting Schedule of Stewardship Plan. A site specific restoration and planting schedule shall be submitted to the County with required final engineering plans. The plan shall be prepared by a qualified professional in the field of ecological restoration and/or natural landscape. A cost estimate to be used to calculate the amount of the required bond and/or letter of credit shall also be prepared. At a minimum the plan shall include:

         a.   A map drawn to scale depicting all proposed restoration and planting areas. Identification of proposed management units based on remnant natural areas, soil types, topography, hydrology, and pre-settlement vegetation. Management unit mapping shall also show the overall layout of the development to demonstrate that naturalized areas are adequately set back from structures and other infrastructure so that the potential for fire hazards during controlled or accidental burns is reduced. Where applicable, fire breaks, including those in the form of mowed paths, should also be identified. Aggressive native tree species to be removed shall be noted.

         b.   A list of all plants, seeds, and/or plugs to be used within each management unit. All plantings shall consist of species native to the greater Chicago region, as identified in “Plants of the Chicago Region” (Swink and Wilhelm, 1994), of a local genotype and appropriate for the proposed habitat. The number of plants and plugs to be used and the amount/weight of seed per species shall also be included, along with seeding rates per acre for each species.

         c.   For existing wetland, prairie, savanna, and woodland communities, a schedule of management and enhancement activities for areas proposed for restoration. This schedule shall address methods of weed and brush removal, including herbicide, cutting and hand pulling, replanting necessary to restore native plant diversity, and, where appropriate, sediment removal, re-grading, stabilization, and related measures necessary to restore degraded wetlands and aquatic systems.

         d.   A three-year (3-year) management schedule that includes proposed timing and description of the following: site preparation, application of herbicides, seeding activity, mowing, controlled burns, and similar activities. Areas being restored to native communities should be protected by silt fencing or construction fencing to prevent unnecessary disruption or destruction due to nearby construction activity.

         a.   In order to ensure adequate diversity of plants, respond to varying environmental and hydrologic conditions, ensure the establishment of native landscapes that are functional, aesthetic, and cost-effective, and provide reasonable variety to meet aesthetic expectations, the following is required:

            (1)   A minimum of ten (10) species of native plants shall be established within any naturalized stormwater facility, such as naturalized detention basins or swales.

            (2)   A minimum of forty (40) species of native plants shall be established in any upland landscapes.

         b.   By the end of the first full growing season, planted areas shall have ninety percent (90%) vegetation cover and no area larger than one (1) square meter may be devoid of vegetation. A cover crop of annual rye or oats may be used to help achieve this goal. At least seventy-five percent (75%) of the plugs, root stock, and tubers, and fifty percent (50%) of the seeded species should be present and alive. If an area is designed as an aquatic or emergent system, it is anticipated that portions of the submerged area will be periodically exposed and without vegetation cover due to fluctuating water levels. If, by the end of the first full growing season, the basin emergent zones and/or side slopes fail to support the establishment of sufficient vegetation, then corrective measures regarding the fundamental design of the area and/or planting plan are required.

         c.   During the second growing season at least sixty percent (60%) of the permanent species planted in seed form should be evident. Ninety percent (90%) or more of species planted as plugs, root stock and tubers shall also have persisted into the second season. If this fails to occur, a determination shall be made as to why and remedial action is necessary. Remediation may include over-seeding and/or plugging of appropriate species. Finally, undesirable, invasive plant species shall not be prevalent in any of the management units. No invasive, weedy species shall be among the five (5) most dominant plant species in the overall vegetative cover, including any of the following: Reed canary grass (Phalaris arundinacea), Common reed (Phragmites australis), Purple loosestrife (Lythrum salicaria), Non-native thistle (Cirsium spp., Carduus spp.), Sweet clover (Melilotus spp.), Crown vetch (Coronilla varia), Wild parsnip (Pastinaca sativa), Burdock (Arctium spp.), Garlic shallard (Alliaria petiolata), Teasel (Dipsacus spp.), Ragweed (Ambrosia spp.), Kentucky bluegrass (Poa pratensis), Buckthorn (Rhamnus spp.), Sandbar willow (Salix interior), Honeysuckle (Lonicera spp.), Multiflora rose (Rosa multiflora), Box elder (Acer negundo), Canadian Goldenrod (Solidago Canadensis), Queen Anne’s Lace (Daucus carota).

            A more complete listing of common invasive species is found in the “Illinois Nature Preserve Management Guidelines.”

         d.   At the end of the third full growing season, at least seventy-five percent (75%) of the seeded permanent species and ninety percent (90%) or more of species planted as plugs, root stock, and tubers are expected to be established. Alternatively, native perennial species that volunteer on the site, excluding undesirable invasive species, may be counted in determining the preceding criteria. Qualitative vegetative sampling within each management area shall achieve the following in order to be determined a success: a mean “coefficient of conservatism” shall meet or exceed three (3) and the “floristic quality index” shall meet or exceed twenty (20), except in designated stormwater management facilities as per “Plants of the Chicago Region” (F. Swink ad G. Wilhelm).

         e.   The five (5) most dominant species of the overall vegetative cover within each management unit shall not include any of the undesirable species referenced above under the second season performance standards. If the identified level of species development fails to occur, a determination shall be made as to why, and a remedial action plan shall be prepared and submitted to the County for approval. The approved remedial plan shall be implemented and continued monitoring is required beyond the third growing season until these performance criteria are met. Where the minimum performance standards cannot be achieved, a written explanation and alternative performance standards shall be submitted for consideration by the County.

         f.   The landscape installation bond or letter of credit will not be reduced or released until these conditions have been achieved and a maintenance letter of credit has been provided.

         a.   Plant inventory of all naturally landscaped areas. This inventory shall determine overall vegetative cover, the total number of species, and the prevalence of undesirable/invasive species, consistent with specified performance criteria. This inventory is used to determine where follow-up seeding or planting is needed, and to identify, locate, and remove undesirable weedy species on a timely basis. Permanent transect vegetation sampling techniques should be used within each management unit to adequately document and monitor plant community establishment over the initial three-year (3-year) period. The presence of any plant species observed outside of a transect and not documented by sampling along such transect shall also be noted. Sampling techniques and summaries shall be compiled consistent with methods described in “Plants of the Chicago Region” (F. Swink ad G. Wilhelm).

         a.   Long-term monitoring shall be performed on an annual basis until the maintenance bond is released. Monitoring reports shall be submitted to the County for review and approval.

         b.   Continued ecological management shall be provided to maintain a diverse native plant community, consistent with performance criteria, to minimize the proliferation of weeds and undesired woody vegetation, and to prevent erosion. At a minimum, the site shall continue to meet the vegetation performance standards of the third growing season, as specified above, with regard to erosion control, vegetation coverage, species diversity, and control of invasive species. Long-term maintenance consists of controlled burning, generally every one (1) to three (3) years or as dictated by site conditions. To maintain the established native plant communities, spot control and application of herbicides shall be performed, as necessary.

         c.   Long-term maintenance includes the removal of trash or debris and the removal of obstructions from detention basin outlet structures. Periodic removal of accumulated sediment from swales, forebays, and settling basins shall be done to maintain the function and aesthetics of stormwater facilities. At a minimum, sediment shall be removed from forebays and sediment basins when one (1) foot or more of sediment has accumulated.

         d.   The landscape maintenance letter of credit will only be released after these standards have been achieved for two (2) years.

         a.   A summary of vegetation data collected within each management unit, including an assessment of compliance with performance criteria.

         b.   A description of vegetation maintenance activities, including over-seeding, replanting, control of undesirable weedy species, and an assessment of their effectiveness in meeting performance criteria.

         c.   Photographs and accompanying descriptions taken at permanent monitoring stations.

         d.   A summary of maintenance activities, including the landscape maintenance budgets, for both the current year and the coming year.

         a.   As part of the preliminary plat submittal, the subdivider shall submit a tree survey, as defined below, and a tree preservation proposal prepared by a qualified arborist, forester, or similarly qualified professional.

            (1)   The survey shall consist of a scaled drawing that shows the location of all desirable native tree species listed in this section having a diameter at breast height (DBH) of four (4) or more inches. The inventory shall also include all other existing trees with a DBH of eight (8) or more inches, excluding prohibited tree species listed in this section. In the case of a multi-stemmed tree, the diameter of the clump is taken as a whole. The survey shall include, at a minimum, an inventory listing individual trees by tag number, the tree species by common name and scientific name, size (DBH), condition, and any observed problems.

            (2)   The survey shall also include a tree count of desirable native tree species listed in this section having a diameter at breast height (DBH) of between two (2) and four (4) inches. The relative locations of groupings of these trees shall be identified on a site map.

            (3)   Where trees are located in a permanently protected open space area and will be free from any grading activity, identification of individual trees is not required.

         b.   Where mass removal or clear cutting of desirable native trees has occurred, the Staff Plat Review Committee will not accept nor review a proposed subdivision for a period of one (1) year.

         c.   Where individual trees or stands of trees are removed by any cause or for any reason other than those listed on the tree replacement exception, the County may require that the area containing the removed trees or stands of trees be replanted and that the area be dedicated as and made subject to a tree preservation easement, maintained in perpetuity as open space.

         d.   During development and construction activity, all reasonable steps shall be taken to prevent damage to or destruction of protected trees, woodlands, and savannas within protected open space areas. These steps include:

            (1)   Soils shall not be removed, compacted, or otherwise disturbed within the critical root zone.

            (2)   A protective fence approved by the County shall be erected around the critical root zone of any protected tree or woodland area. Signs shall be affixed to said fence indicating the presence of the critical root zone and a protected area.

            (3)   All desirable trees on property adjacent to the subject site and within ten (10) feet of the site’s property line or have a critical root zone extending into the subject site, shall be protected from unreasonable damage by the use of acceptable tree protection measures.

            (4)   Mass cuts and mass grading are prohibited in woodland areas.

            (5)   Boring shall be used to install any underground utilities in tree areas, where feasible.

            (6)   The subdivider shall ensure that all applicable subcontractors are trained in proper tree protection.

            (7)   No excess soil, additional fill, equipment, trailers, liquids, or construction debris is allowed to be placed within the identified critical root zone of any tree.

            (8)   Only protective non-damaging devices or attachments may be attached to any tree during construction.

         a.   Any protected tree removed pursuant to County approval shall be replaced on an inch-diameter basis as provided for below:

 

         b.   Tree replacement shall be exercised to the greatest extent possible. When a high density of trees is not appropriate or the full replacement of trees on site would result in the unreasonable crowding of trees, appropriate reductions in the tree replacement amount are allowed. If available, a fee in lieu of payment for tree replacement and ecological restoration may be approved by the County.

         c.   A tree replacement plan shall be prepared by a qualified arborist, forester, or similarly qualified professional in the field of natural resources, and familiar with the native ecosystems of the Chicago region. The tree replacement plan shall depict the location and corresponding elevation of each replacement tree and each preserved tree. Corresponding text shall state the species and diameter of each tree with a description of the proposed management strategy to ensure its health and survival on the property.

         d.   Replacement trees with local genotypes from a two-hundred-fifty mile (250-mile) radius shall be used. All trees shall be high quality, installed free of disease, and in a manner that ensures the availability of sufficient soil and water to sustain healthy growth. Unless otherwise approved by the County, replacement trees shall be selected from the following native species. No species of evergreens are permitted as suitable options to meet tree replacement requirements.

 

         e.   Consistent with good forestry and ecological practices, replacement trees shall be of either equivalent or a superior quality of species. For example, a softwood tree may be replaced with a hardwood tree, but a hardwood tree cannot be replaced by a softwood tree. In order to preserve and enhance the oak-hickory savannas and woods native to McHenry County, oak and hickory trees shall be replaced in kind with native oak and hickory species.

         f.   Invasive trees and shrubs shall be removed as part of the forestry practices and ecological restoration activities, and are not treated or acknowledged as protected tree species. Aggressive native trees shall be removed as necessary and appropriate for the ecologic restoration of oak-hickory savannas and woods. Proposals to remove such trees shall be identified in the stewardship plan. The following trees do not require replacement nor shall they be planted as replacements for desirable trees:

 

         a.   Emergencies involving, but not limited to tornados, windstorms, floods, freezes, or other natural disasters.

         b.   Trees that have become, or immediately threaten to become, a hazard to persons, property or other vegetation and require immediate removal or destruction.

         c.   Diseased, dead, or dying trees as confirmed by an arborist, forester, or a qualified professional in the field of natural resources.

         d.   All active orchards and state or federal government approved tree farms are exempt from these terms and provisions, but only in relation to those trees which are planted and growing for the sale or intended sale in the ordinary course of business or for a public purpose.

         e.   Invasive species such as common buckthorn (Rhamnus cathartica), glossy buckthorn (Rhamnus frangula), and honeysuckle (Lonicera sp.), which are commonly removed as part of good forestry practices and ecological restoration, are not protected tree species.

         f.   Trees removed for public roadway and infrastructure improvements and maintenance need not be replaced.

         Tree replacement will be required if trees are removed for any other reason or if the property owner is unable to provide sufficient documentation regarding the cause or purpose of the tree remove.

      4.   Release of Improvement Guarantees. Final approval and release of improvement guarantees will not occur until a final inspection by the County confirms that the conditions of this section have been met. In the event that conditions cannot be met, an alternative proposal shall be prepared. If available, a fee in lieu of payment to be determined by the County may be used to meet the objectives of this section.

      1.   Treatment and disposal options that are consistent with state and federal anti-degradation policies shall be utilized. In particular, options that best protect groundwater, wetlands, surface waters, and other natural resources from increased concentrations of nutrients and related pollutants that may impact aquatic life, native plant diversity, and related uses shall be utilized. The McHenry County Department of Health reserves the right to require review by an outside agency or qualified onsite wastewater treatment specialist, including, but not limited to, USDA/NRCS, Illinois Department of Natural Resources, Illinois State Water Survey, and Illinois State Geological Survey.

      2.   A wastewater treatment option shall be selected and implemented based on its ability to ensure groundwater recharge, beneficial reuse of nutrients, protection of groundwater quality, protection of surface water quality, and protection of environmentally sensitive environments. Shallow groundwater flow direction, projected wastewater flows, projected strength of the wastewater, sensitivity of the receiving environment, recharge capability, potential cumulative impact of the chemical, organic, nutrient and bacterial loading on groundwater, and lifetime cost of the system shall be taken into consideration when selecting the wastewater treatment option.

      3.   The wastewater treatment system shall comply with the McHenry County Public Health Ordinance. Sites utilizing Illinois Environmental Protection Agency permitted technology shall conform to all of the requirements of the IEPA and receive all applicable permits prior to the Planning and Development Committee recommending approval of the final plat.

      1.   If at any time the Zoning Enforcement Officer determines that the open space management entity is in violation of the terms of this Ordinance, the Zoning Enforcement Officer shall give written notice of such violation and demand corrective action sufficient to cure the violation, and where necessary, restore the portion of the property so injured. If the open space management entity fails to cure the violation within thirty (30) days after receipt of notice thereof from the Zoning Enforcement Officer, or, under circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fails to commence or fails to continue to cure such violation until finally cured, the Zoning Enforcement Officer may bring an action in accordance with the enforcement provisions of this Ordinance.

      2.   If the Zoning Enforcement Officer determines that circumstances require immediate action to prevent or mitigate significant damage to the open space or natural areas the County may pursue its remedies without prior notice to the open space management entity. Under such circumstances, the County may enter dedicated open space areas in order to take corrective action necessary to ensure compliance and the provisions of long-term management and stewardship.

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 19.9; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)

(Ord. O-201410-10-035, passed 10-14-2014; Ord. O-201601-ZBA-006, passed 1-19-2016; Ord. O-201603-ZBA-010, passed 3-17-2016, § 19.10; Ord. O-201803-ZBA-10-08, passed 3-19-2018; Ord. O-201808-10-033, passed 8-21-2018)