Orland Park City Zoning Code
ARTICLE 5
Development Procedures, Requirements and Regulations
§ 5-101 Development Review Procedures.
[Amended 6-5-1995 by Ord. No. 2746; 4-17-2000 by Ord. No. 3354; 8-7-2006 by Ord. No. 4161; 9-2-2008 by Ord. No. 4411; 7-6-2010 by Ord. No. 4574; 12-3-2012 by Ord. No. 4769; 9-16-2013 by Ord. No. 4839; 11-3-2014 by Ord. No. 4940; 6-15-2015 by Ord. No. 4996; 2-20-2017 by Ord. No. 5167; 9-18-2017 by Ord. No. 5221; 7-16-2018 by Ord. No. 5312; 1-20-2020 by Ord. No. 5476; 6-7-2021 by Ord. No. 5621; 12-18-2023 by Ord. No. 5854; 2-19-2024 by Ord. No. 5872; 10-21-2024 by Ord. No. 5947]
A.
Due process.
1.
Purpose. The purpose of this section is to define and outline the development review procedures that petitioners, government agents, and elected and appointed officials follow for transparent review for development and redevelopment in the Village of Orland Park.
2.
Organization. The organization of this section is laid out in a manner that reflects the process of development review, beginning with the determination of the type of review required, the review sequences, the review procedures, and finally the role of the Development Services Department. This section informs the public, the petitioner, the government agent, and the elected and appointed officials of the procedures of the Village of Orland Park for development review. It also simultaneously guides them through the decision-making process and acts as a map for development review in the Village of Orland Park.
3.
General Process. There are three distinct development review processes which are summarized as follows:
a.
Development requiring Plan Commission and Board of Trustees review:
(1)
Preapplication review with Village staff.
(2)
Filing of application and scheduling Plan Commission public hearing.
(3)
Plan Commission review and recommendation.
(4)
Committee of the Whole review (if applicable per Section 5-101A4).
(5)
Board of Trustees review and decision.
(6)
Final administrative review and approval.
4.
Appearance Before Committee of the Whole. In the case where a petition has received unanimous recommendation from the Plan Commission, and at the discretion of the Director of Development Services, the requirement to appear before the Committee of the Whole may be waived, therefore permitting such project to proceed directly to the Board of Trustees. In such cases where a petition has not received a unanimous recommendation for approval from the Plan Commission, the petition shall proceed from the Plan Commission to the Committee of the Whole. The Committee of the Whole shall then determine if the application should proceed to the Board of Trustees, or be remanded to the Plan Commission for further consideration.
B.
Petitions, Applicability, and Plan Review.
1.
Petitions. All development and redevelopment in the Village of Orland Park requires the submittal of a petition or application to the Development Services Department for the purpose of establishing a public record and beginning the process for the departmental review. Petition/Application forms are obtained from the Development Services Department. For more information on the role of the Development Services Department see § 5-101K. In the instance that this Code requires certain distances within a regulation, the measurements shall be made to the property line, unless the measurement is defined otherwise within such regulation or unless interpreted differently by staff based on the intent of the regulation.
2.
Applicability. There are two public review processes in the Village of Orland Park for petitions: a public meeting with a public hearing and a public meeting without a public hearing. The following subsections outline which petitions go to public hearings and which go to public meetings, respectively, for each body. Petitions listed under Plan Commission, for example, begin at Plan Commission and move through the general process; petitions listed under Board of Trustees begin and end at the Board of Trustees; and so on. In all cases, petitions are reviewed and processed by the Development Services Department. The administrative decision petitions are also outlined below.
a.
Public hearing. Public hearings require a published public notice and are held at public meetings. At a public hearing, the public can attend to provide testimony and view details regarding development review before the appropriate official body.
(1)
A public hearing at Plan Commission shall be required for applications regarding:
(A)
Special uses;
(B)
Special use amendments;
(C)
Variances;
(D)
Rezoning/Map amendments;
(E)
Subdivision review (with the exception of nonresidential lot consolidations);
(F)
Designation of historic and/or architectural landmarks;
(G)
Amending the Local Register of Significant Places (LRSP) and the Natural Heritage Sites (NHS) lists in § 5-110;
(4)
All public hearings pertaining to land development take place before the Plan Commission with the exception of annexation agreements, variances affecting one single-family residential dwelling, and variances affecting multifamily residential dwellings of fewer than six units.
b.
Public meeting. A published public notice is not required in order to hold a public meeting, although the requirements of the Illinois Open Meetings Act must be met. Public meetings are held at Plan Commission, at the Committee of the Whole, and at the Board of Trustees. The public can attend public meetings but are not guaranteed the opportunity to provide testimony regarding development review.
c.
Administrative decisions. Administrative decisions are a third review process. Administrative decisions are made internally by the Development Services Department.
d.
Commissions. For cases where petitions are handled at a commission other than Plan Commission, the rules, procedures and standards outlined in the following subsections apply to the commission in question per the commission's particular petitions as outlined above.
3.
Plans for review process. A preliminary plan shall be submitted for review to the Development Services Department as part of the application for development. The Plan Commission shall review the preliminary plan and make its recommendations pursuant to the below sections of these regulations. The Committee of the Whole, if required by § 5-101.A.4, shall then follow with similar review. Board of Trustees which shall then either deny the application or direct the application to proceed with preparation of final plans.
a.
Plans with plats of subdivision. At a minimum, plats of subdivision must be accompanied by a preliminary plan for each subdivided lot and a conceptual plan of the surrounding area as required by the Development Services Department. Applicants for plat approval may be required to submit additional information or studies, such as building envelopes and conceptual plans for the surrounding area, which the Development Services Department, the Plan Commission and/or the Board of Trustees may deem necessary to review at a later time. For more information on plats see § 5-112.
b.
Conditions. The Plan Commission, the Committee of the Whole, if required by § 5-101.A.4, and/or the Board of Trustees may attach to their recommendations to and/or approvals of a preliminary plan, a final plan, or a plat reasonable conditions not otherwise addressed by these regulations as are necessary to carry out the purpose of these regulations, the Comprehensive Plan, cause incremental improvements, and to prevent or minimize adverse effects upon other property, including, but not limited to: limitations on size and location, requirements for landscaping, provision of adequate ingress and egress and off-site and project-related improvements. Other conditions such as the duration of the approval, hours of operation, and mitigation of environmental impacts may also be attached.
c.
Conditions on record plats of subdivision. When conditions pursuant to § 5-101.B.3.b above are attached to a subdivision plat, or a record plat of survey or other type of plat, review of said plat shall be continued until the conditions are deemed met by the Development Services Department or decision-making body which attached the conditions, and then the plat shall be approved by the Village Board of Trustees so that the record plat of subdivision is accurate when issued to the County.
d.
Notification. Notification of all Village Board decisions shall be mailed to the petitioner/applicant and the owner of record if different from the applicant.
C.
Public Meeting Sequence with a Public Hearing.
1.
Public Meeting at Plan Commission with a Public Hearing.
a.
Plan Commission. The Plan Commission shall hold a public hearing in accordance with the provisions of Section 5-101G below on applications identified in Section 5-101B2a. The Plan Commission shall review the report and recommendation of the Development Services Department and testimony given at the public hearing and make a recommendation to the Board of Trustees for approval, approval with conditions, or disapproval. The Plan Commission may also choose to forward to the Board of Trustees without a recommendation.
b.
Committee of the Whole. The Committee of the Whole, if required by Section 5-101A4, shall review the plans and documents, the Plan Commission recommendation, and the Development Services Department report and recommendation, and shall recommend approval, approval with conditions, or disapproval to the Board of Trustees. If the Committee of the Whole recommends approval or approval with conditions, the Committee of the Whole shall authorize the petitioner to proceed to the Board of Trustees. If the Committee of the Whole recommends denial, the petition will proceed directly to the Board of Trustees. If there are significant changes to the development petition, the Committee of the Whole or the Board of Trustees may remand the application to the Plan Commission for further review and recommendation.
c.
Board of Trustees. Upon receipt and review of the recommendation of the Plan Commission or Committee of the Whole, the Board of Trustees shall grant, grant with conditions, or deny the petition.
d.
Village Staff. Upon receiving approval from the Board of Trustees and prior to the issuance of any permits or occupancies related to the entitlement, Village staff shall review final engineering, site, and landscaping plans, final plat of subdivision, outside agency approvals, engineer's estimate of cost, letter of credit, and payment of applicable fees.
2.
Public Meeting at Board of Trustees with a Public Hearing.
a.
Board of Trustees. The Board of Trustees shall hold a public hearing for annexation agreements.
b.
Board action. Upon receipt and review of the report and recommendation of the Development Services Department, preparation of final plans and documents, and the testimony at the public hearing, the Board of Trustees shall consider the annexation agreement and shall approve, approve with conditions, or deny the annexation agreement.
D.
Public meeting sequence without a public hearing.
1.
Public meeting at Plan Commission.
a.
Plan Commission. The Plan Commission shall hold a public meeting whenever an applicant petitions for preliminary plan review, elevations review and/or an appeal of an administrative decision that does not include a special use, special use amendment, variance, text and map amendment (rezoning) and/or subdivision review. It will also hold a public meeting regarding minor changes to landmarks. The Plan Commission shall review a preliminary plan and/or the historical/architectural significance of the petition's subject and the report and recommendation of the Development Services Department and either recommend approval, with or without conditions, or disapproval to the Board of Trustees, or not make a recommendation but forward to the Board of Trustees.
b.
The Committee of the Whole. The Committee of the Whole, if required by § 5-101.A.4, shall review the preliminary plan, the Plan Commission recommendation and the Development Services Department report and recommendation and shall recommend approval, with or without conditions, or disapproval to the Board of Trustees.
c.
Board action. Upon receipt and review of the Plan Commission's and the Committee of the Whole's, if required by § 5-101.A.4, recommendations, and the Development Services Department's report and recommendation, the Board of Trustees shall consider the final plan, elevations and preliminary landscape plan or the Certificate of Appropriateness for minor changes to landmarks and shall grant, grant with conditions, or deny the petition/application.
2.
Public meeting at Board of Trustees.
a.
Board of Trustees. The Board of Trustees shall review, at a regular or special meeting, preliminary or final plans, plats of subdivision (including consolidations), development agreements, and other related ordinances.
b.
Board action. Upon receipt and review of the report and recommendation of the Development Services Department, the Board of Trustees shall consider the preliminary or final plans, plats of subdivision, development agreement and/or other related ordinances and shall grant, grant with conditions, or deny these items.
E.
Administrative decisions regarding appearance and site plan review.
1.
Administrative decisions at Development Services Department.
a.
Administrative decision. Section 5-106 of these regulations regulates the administrative decision process with regard to petitions/applications that require appearance and related site plan review. The Development Services Department may approve, with or without conditions, or deny a petition for an administrative decision. Administrative decisions do not go to Plan Commission unless an appeal is made by the petitioner/applicant. The appeal to Plan Commission is heard at a public meeting.
b.
Administrative decision in the Old Orland Historic District or on landmarks. Section 6-209 of these regulations regulates the administrative decision process with regard to petitions/applications that require certificates of appropriateness for routine maintenance on contributing structures or landmarks, and minor changes or routine maintenance on noncontributing structures. The Development Services Department may approve, with or without conditions, or deny a petition for an administrative decision. Administrative decisions do not go to Plan Commission unless an appeal is made by the petitioner/applicant. The appeal to the Plan Commission is heard at a public meeting.
F.
Timeline of process, jurisdictional approval and expiration.
1.
Six-month rule. Any petition that has not proceeded forward within six months from petition date to the Plan Commission, or within six months from Plan Commission to the Committee of the Whole, if required by § 5-101.A.4, or within six months from the Committee of the Whole due to inactivity may be terminated by the Development Services Department. The Development Services Department must notify the petitioner prior to termination of the petition.
2.
Jurisdictional approval. If the final plan covers land either wholly or partly outside the corporate limits of the Village, the approval of the Board of Trustees shall not be final until the applicable jurisdiction in which said development is located has approved it.
3.
Expiration. If there is no activity after three years of approval by the Board of Trustees of a special use and/or final plan, the special use and/or final plan shall expire unless an extension is granted by the Board of Trustees.
G.
Public hearing procedures.
1.
Purpose. The purpose of the following process is to provide an opportunity for the public to be notified about, to be able to view the details of, make a submission about, and/or voice their opinions on a development application, proposal, or petition.
2.
Notice of public hearing. The public shall be notified about all public hearings.
a.
Notification details. All notices of public hearings shall include:
(1)
The date, time and place of the public hearing;
(2)
A summary of the proposal under consideration;
(3)
The address and legal description of the specific property that is the subject of the public hearing for matters regarding a rezoning, a special use permit, a variance, an annexation, a subdivision, a landmark designation or a certificate of appropriateness.
(4)
That said meeting may be continued without republication up to three times.
b.
Notification requirements. All notices of public hearings shall also meet the following requirements:
(1)
The Development Services Department shall publish a copy of the notice in one or more newspapers with general circulation in the counties in which the Village of Orland Park and contiguous unincorporated territory are located.
(2)
It is the petitioner's/applicant's responsibility to send a copy of the notice by first-class mail to each of the owners of record of adjacent properties and within 300 feet of any property upon which development is proposed.
(3)
It is the petitioner's/applicant's responsibility to post a weatherproof sign(s) at least three feet by four feet (or 48 inches by 36 inches) in front surface area, the bottom of which shall be mounted at least four feet above the ground, and to have at least one sign in the most visible location to the general public, such as along a primary roadway. Such sign(s) shall be posted on private property and shall remain until the conclusion of the public hearing. Failure to comply with the provisions of this subsection shall not render the public hearing invalid, provided that a good-faith effort was made to comply. The petitioner must remove the public hearing notice sign(s) no later than 30 days after the Village Board action on the proposal. The sign must display wording that at a minimum notifies the public about the public hearing for the procedure which has triggered the public hearing. It must include the date, time, place and the contact information of the Development Services Department. Arial or Arial Narrow shall be the font in which the public hearing signs are printed. The notice, date and time of the sign must be no less than 3.5 inches in height and the remaining information on the sign no less than 2.5 inches in height.
(4)
All required notices shall be provided at least 15 days, but no more than 30 days, in advance of the published public hearing.
(5)
It is the petitioner's/applicant's responsibility to submit a notarized affidavit, list of addresses to be notified, and a certificate of mailing from the United States Post Office to staff prior to or at the Plan Commission meeting confirming that all requirements listed above have been met.
c.
Other requirements.
(1)
For public hearings regarding Comprehensive Plan amendments and/or Land Development Code text amendments, notices shall be provided by the requirements outlined in § 5-101.G.2.b(1) and 5-101.G.2.b(4) only.
(2)
For amendments to the Zoning Map, notices shall be provided by the requirements outlined in § 5-101.G.2.b(1), § 5-101.G.2.b(2) and § 5-101.G.2.b(4) above.
(3)
Conduct of the hearing.
(A)
Submission of testimony. Any person may appear at a public hearing and give testimony or submit written materials, either individually or as a representative of an organization. The decision-making body may exclude information that it finds to be irrelevant, immaterial or unduly repetitious.
(B)
Duty of the Development Services Department.
(i)
The Development Services Department shall present information concerning pertinent application considerations and the standards set out in these regulations and make recommendations.
(ii)
Upon a showing by any person made at any time during the public hearing, or on motion of the decision-making body, the petitioner/applicant or the Development Services Department may be required to produce additional information with respect to the proposed petition/application.
(C)
Continuance. The decision-making body may continue a hearing to a specified date, time and place. Unless such continuance is publicly announced at a properly noticed public hearing, the Development Services Department shall cause notice to be given to all persons originally entitled to notice of the date, time and place of such continued hearing in the same manner as specified in § 5-101.G.2 above.
H.
Public meeting procedures.
1.
Purpose. The purpose of the following process is to provide an opportunity for the decision-making body to review the development application, proposal, or petition.
2.
Notice of public meeting. A public notice other than that required by the Illinois Open Meetings Act is not required for a public meeting.
3.
Conduct of the meeting.
a.
Submission of testimony. Decision-making bodies shall accept testimony or written materials from individuals or representatives of an organization outside of the applicant at public meetings.
b.
Duty of the Development Services Department.
(1)
The Development Services Department shall present information concerning pertinent application considerations and the standards set out in these regulations and make recommendations.
(2)
Upon a motion of the decision-making body, the applicant or the Development Services Department may be required to produce additional information with respect to the proposed petition/application.
c.
Continuance. The decision-making body may continue a hearing to a specified date, time and place.
I.
Record of hearings.
1.
Recording hearings. The Development Services Department shall ensure that the proceedings are recorded by appropriate means.
2.
Record. The record of proceedings shall consist of the recording of testimony, all applications, exhibits, and papers submitted in any proceeding with respect to the matter being considered, and the summary and report or reports of the Development Services Department.
3.
Open record. All summaries and reports of the Development Services Department shall be public records open to inspection at a reasonable time and upon reasonable notice.
4.
Examination and copying of application. Any person may examine any application for development approval and other material submitted in regard to that application, and may obtain copies of the application and other materials upon reasonable request and payment of a fee to cover the actual cost of such copies.
J.
Ethics rules.
1.
Conflicts. Any member of a decision-making body having any direct or indirect financial interest in property or who lives within 500 feet of any property which is the subject of a public hearing or public meeting or who might have interest in the outcome of the petition shall disclose such fact at the hearing, prior to voting on the matter.
2.
Contacts outside of the hearing. If any member of a decision-making body receives a substantive communication from any person outside the hearing concerning a subject matter under consideration by that body, the member shall make a statement at the hearing describing the circumstances and substance of the communication.
3.
Other rules to govern. Other matters pertaining to the public hearing or public meeting shall be governed by other provisions of these regulations applicable to the body conducting the hearing and its adopted rules of procedure.
K.
Role of the Development Services Department.
1.
Conference with the Development Services Department.
a.
Pre-application conference. A petitioner or an applicant for development approval may request an informal conference with the Development Services Department prior to filing a petition or application. The pre-application conference shall be informal and its purpose shall be to discuss the proposals, views and concerns of the applicant and the Village, and to review for compliance with codes, plans and policies.
2.
Application submission requirements.
a.
Application and fee. When the petitioner or applicant is ready following the pre-application conference, all applications for development approval shall be submitted to the Development Services Department, accompanied by the payment of a fee as authorized in § 1-104. Applicants for development approval may be required to submit additional information.
3.
Complete applications.
a.
Determination of completeness. Within 15 days after receipt of an application for development approval, the Development Services Department shall determine whether the application is complete. If it is determined that the application is complete, the applicant will be notified in writing that the application has been accepted for filing. If the application is not complete, the applicant shall be notified, specifying the deficiencies of the application, including any additional information which must be supplied. A complete application shall consist of the following documents and the requirements outlined in a petition application packet prepared by the Director of Development Services, unless otherwise determined by the Director of Development Services:
(1)
A fully completed notarized petition form;
(2)
Site plan;
(3)
Building elevations;
(4)
Required review fees as set by the Village Board of Trustees;
(5)
Preliminary landscape plan;
(6)
Preliminary engineering plans;
(7)
Preliminary plat of subdivision;
(9)
Original, sealed plat of survey (ALTA or otherwise), including legal description;
(10)
Disclosure of ownership information:
(A)
A receipted copy of the most recent property tax bill, or evidence of payment (copy of bill, canceled check, etc.);
(B)
A copy of the current title insurance policy;
(C)
If the property is owned by the petitioner, a copy of the latest recorded deed;
(D)
If the property is rented or leased by the petitioner, a letter of authorization to submit the petition from the property owner;
(E)
If the petitioner is a contract purchaser and the property is undergoing due diligence for a contract sale, a copy of the contract to purchase and a letter of authorization to submit the petition from the property owner;
(F)
If the property is owned by a trust, a certified copy of the trust agreement, a list of beneficiaries, and a letter of authorization to submit the petition from the trust officer;
(G)
Copy of any covenants, conditions, easements, or restrictions placed on the property and now of record concerning use limitations, the type of improvements, setbacks, area or height requirements, occupancy, etc.
(11)
Responses to the special use standards, variance standards and/or rezoning factors, as needed on a per-project basis, if applicable;
(12)
Additional supporting documents listed within the Development Services development petition application packet;
(13)
Additional documents not listed here may be requested as needed by the Development Services Department but shall not be used to determined completeness. A complete petition does not mean the right to automatic scheduling to public meetings or public hearings.
b.
Incomplete application. As long as an application remains incomplete, no further action shall be taken by the Village on the application until the deficiencies are corrected.
c.
Remedy of deficiencies. If the applicant fails to correct the specified deficiencies within 30 days of the notification of deficiency, the application for development approval may be terminated by the Village.
4.
Review by Development Services Department.
a.
Application Review. The Development Services Department shall review the complete application for development approval in accordance with these regulations and particularly with Section 5-105, if the development requires a special use permit; Section 5-108, if the development requires an amendment to the text of these regulations or the Zoning District Map; Section 5-109, if the development requires a variance; Section 5-112, for development requirements and subdivision review; and/or Section 5-110, if the development requires a certificate of appropriateness.
b.
Preliminary Plan Review Process. The Development Services Department shall review the complete development petition, the preliminary plan, and coordinate the review of the engineering plans associated with the application for development. Preliminary engineering plans shall be approved prior to proceeding to the Plan Commission.
c.
Ordinances and Agreements. The Development Services Department shall coordinate the ordinances and agreements for final approval by the Board of Trustees.
d.
Final Plan Review Process. After approval from the Board of Trustees, the Development Services Department shall coordinate the review of final plans associated with the development petition to determine that the plans comply with applicable codes and prior direction from the Board of Trustees, and as outlined in the final ordinance or agreement. If the final plan review results in substantial alterations to the plans reviewed during the public hearing by the Plan Commission, and by the Committee of the Whole, approved by the Board of Trustees, then the applicant shall return to the Plan Commission and restart the development review process, republishing in the event of a petition requiring a public hearing. Substantial alterations to a final plan shall include but not be limited to:
(1)
Enlargement of stormwater facility sizes;
(2)
Reductions in setbacks;
(3)
Construction of or alterations to retaining walls;
(4)
Changes in street layout/land use;
(5)
Increases in lot coverage;
(6)
Changes to parking configurations;
(7)
Changes that result in new or expanded variances or modifications to special use regulations; and
(8)
Changes to the number of units, building area, or building stories.
L.
Timing of Applications.
1.
Waiver of Time Limits.
a.
By Agreement. Any time limit imposed by these regulations may be waived or extended by agreement among the Development Services Department, the Board of Trustees, and the petitioner or applicant.
b.
Automatic Waiver. Any applicant who requests a continuance of a public meeting or a public hearing at which the applicant's application is being considered, or who requests an extension of any time limit imposed on the applicant by statute or these regulations, shall be deemed to have agreed to an extension of that time limit.
2.
Successive Applications.
a.
One-Year Rule. Whenever any application for development approval for a special use permit, variance, text and map amendment to the Zoning Map (rezoning), subdivision, or preliminary plan is denied, the petitioner will be notified that an application involving the same property shall not be accepted for filing within one (1) year from the date of denial.
b.
Exception. An exception to the above rule is if the subsequent application involves a development proposal which is materially different from prior proposals, in the opinion of the Development Services Department, or is responsive, in the opinion of the decision-making body, to negative findings set forth in the denial of the prior application.[1]
[1]
Editor's Note: Chart 5-101A(A), General Development Review Procedures, which immediately followed, was repealed 2-19-2024 by Ord. No. 5872.
§ 5-102 Development Compliance Approval.
A.
General Requirement. A development compliance approval shall be required prior to the issuance of any building permit for any single family residential development of six or more units and for any non-residential development.
[Ord. 3199, 11-16-1998; amended by Ord. 4411, 9-2-2008]
B.
Purpose. The purpose of issuing development compliance approvals is to ensure that any proposed development or modification of existing development within the Village complies with these regulations and any special provisions affecting a specific zoning district or development activity.
[Ord. 3199, 11-16-1998]
C.
Authority. The Development Services Department is authorized to certify that the proposed development of a single family home or the construction of a fence or similar accessory structure complies with the provisions of these regulations. The Development Services Department is authorized to certify that all other proposed development complies with the provisions of these regulations.
[Ord. 3199, 11-16-1998; amended by Ord. 4411, 9-2-2008]
D.
Application. An application for a development compliance approval shall be in the form specified by the Development Services Department. If such application involves a special use, evidence of recording, as required under Section 5-105H shall be provided.
[Ord. 3199, 11-16-1998; amended by Ord. 4411, 9-2-2008]
E.
Procedures.
1.
An application for a development compliance approval shall be submitted to the Development Services Department. Upon receipt of an application for a development of compliance approval, the Development Services Department or its authorized representative shall examine the application. If for any reason an application is completed improperly or insufficiently, the application shall be rejected, accompanied by a notification of deficiencies and the rejected application shall be returned to the applicant.
[Ord. 3199, 11-16-1998; amended by Ord. 4411, 9-2-2008]
2.
If the Development Services Department determines that the proposed development does not comply, the application shall be returned, accompanied by a written statement setting forth the provisions of these regulations with which the proposed development does not comply.
[Ord. 4411, 9-2-2008]
F.
Effect of Issuance. A development compliance approval letter from the Development Services Department constitutes a basis for issuance of a building permit if no other development approval is required.
[Ord. 3199, 11-16-1998; amended by Ord. 4411, 9-2-2008]
§ 5-103 Certificate of Occupancy.
A.
General Requirement. No building or structure shall be occupied or used until a certificate of occupancy is issued by the Development Services Department after a determination that the building has been constructed in accordance with the provisions of any special use permit, plat approval, or building permit. A temporary certificate of occupancy may be issued in accordance with the provisions of this section.
[Ord. 4411, 9-2-2008]
B.
When Certificate Required. A certificate of occupancy shall be issued by the Development Services Department for any of the following after compliance with all provisions of these regulations has been determined:
[Ord. 4411, 9-2-2008]
1.
Occupancy and use of a building hereafter erected, reconstructed, enlarged or moved.
2.
Change in occupancy or use of an existing nonresidential building.
3.
Occupancy and use of vacant land.
4.
Change in the use of land to a use of a different classification.
5.
Any change in the use of a non-conforming use.
C.
Procedure.
1.
Application. An application for a certificate of occupancy or a temporary certificate of occupancy shall be filed in a form prescribed by the Development Services Department.
[Ord. 4411, 9-2-2008]
2.
Action on Application. The Development Services Department, or their authorized representatives, shall inspect the property that is the subject of an application for a certificate of occupancy or a temporary certificate of occupancy to determine whether the use of the property and the structures comply in all respects with the provisions of these regulations and the Village Code, including the provisions of any special use permit and to determine whether all construction debris is removed from the site. The Development Services Department need not inspect a single family dwelling prior to the issuance of a certificate of occupancy. If the use and structure do not comply with these regulations or other provision of the Village Code or with any Standard Construction Specifications approved by the Village, the Development Services Department shall deny the application in writing, setting forth the provisions of these regulations or the Village Code with which the structure or use does not comply unless he determines that a temporary certificate is warranted.
[Ord. 4411, 9-2-2008]
3.
Temporary Certificate of Occupancy. A temporary certificate of occupancy may be issued by the Development Services Department provided that:
[Ord. 4411, 9-2-2008]
a.
The applicant for such a temporary certificate demonstrates that the construction which remains to be completed relates solely to the external conditions of the development, such as landscaping, and is not directly related to the safety of the premises; and
b.
The applicant demonstrates that such completion is impractical at the time the temporary certificate is sought due to weather or other conditions acceptable to the Development Services Department; and/or is not directly related to the safety of the premises; and
[Ord. 4411, 9-2-2008]
c.
The applicant secures the completion of the construction with a letter of credit, in a form acceptable to the Village Manager and Village Attorney, and in an amount sufficient to complete the construction, as determined by the Development Services Department.
[Ord. 4411, 9-2-2008]
d.
The applicant is restoring an historic building or is the occupant of the building and is doing the construction him or herself.
§ 5-104 Development Permitted as of Right.
A.
Purpose. Development permitted as of right is that development which is permitted in a zoning district provided developed in conformity with these regulations.
[Ord. 4411, 9-2-2008]
C.
Action on the Application. If the Development Services Department determines that the proposed development is in compliance with all the requirements of these regulations, and the proposed development has complied with all necessary and applicable review procedures of Section 5-101 and all other applicable regulations of the Village then a building permit shall be issued with or without conditions. For applications regarding any accessory structures, the Development Services Department must review the permit application before the appropriate permit is issued.
[Ord. 4411, 9-2-2008]
§ 5-105 Special Use Permits.
A.
Purpose. The purpose of special use permits is to enable the Village to approve those uses which are generally compatible with other land uses permitted in a zoning district, but which require individual review of their location, design and configuration and which may require the imposition of conditions in order to ensure the appropriateness of the use at a particular location. The special use for a planned development is designed to encourage flexible application of zoning regulations in order to promote creative or imaginative design.
[Ord. 3281, 8-16-1999]
B.
Authority. The Plan Commission may in accordance with the procedures and standards of this section recommend approval of special use permits to the Board of Trustees.
[Ord. 4411, 9-2-2008; amended by Ord. 5167, 2-20-2017]
C.
Authorized Special Uses. Only those uses which are authorized in Article 6, or in the zoning districts currently in effect, or those nonconforming uses which are damaged or destroyed and are permitted to be re-established in Section 8-101, may be approved as special uses. The designation of a use in a zoning district does not constitute an authorization or an assurance that such use will be approved; rather, each proposed special use shall be evaluated by the Plan Commission and Board of Trustees for compliance with the standards and conditions set forth in this section and for each zoning district. Wherever a use existing on the effective date of these regulations is terminated or demolished, subsequent use of the property upon which the use was located shall be permitted only as a special use. Whenever the property underlying a special use changes ownership and the Development Services Department is notified of such change, the Department shall determine whether the potential impacts of such new ownership or other changed condition merit renewed special use review and approval. If the Development Services Department determines that the impacts of the use will be significantly altered by virtue of the new ownership, the Department shall notify the new owner that he or she must initiate an application for a special use permit. Conversely, if the Development Services Department determines that the impacts of the land use will not be significantly altered and that such other changed conditions will not occur, no additional special use approval shall be required. However, such a determination shall not eliminate the need for the new owner to obtain any other types of approvals or permits that may be required by these regulations due to the change of ownership.
[Ord. 4411, 9-2-2008; amended by Ord. 5167, 2-20-2017]
D.
Initiation. An application for a special use permit may be submitted by the owner, an agent authorized in writing to act on the owner's behalf, or other person having a written contractual interest in the parcel of land proposed for development under a special use permit.
E.
Standards Applicable to All Special Uses. When considering an application for a special use permit, the decision making body shall consider the extent to which:
1.
The special use will be consistent with the purposes, goals, objectives and standards of the Comprehensive Plan, any adopted overlay plan and these regulations;
2.
The special use will be consistent with the community character of the immediate vicinity of the parcel proposed for development;
3.
The design of the proposed use will minimize adverse effects, including visual impacts on adjacent properties;
4.
The proposed use will have an adverse effect on the value of adjacent property;
5.
The applicant has demonstrated that public facilities and services, including but not limited to roadways, park facilities, police and fire protection, hospital and medical services, drainage systems, refuse disposal, water and sewers, and schools will be capable of serving the special use at an adequate level of service;
6.
The applicant has made adequate legal provision to guarantee the provision and development of any open space and other improvements associated with the proposed development;
7.
The development will adversely affect a known archaeological, historical or cultural resource; and
8.
The proposed use will comply with all additional standards imposed on it by the particular provision of these regulations authorizing such use and by all other applicable requirements of the ordinances of the Village.
F.
Special Use Permits and Bulk Regulations. The Board of Trustees may approve a special use permit that modifies or waives the minimum development requirements set out in Article 6 of these regulations provided that the Board expressly finds that the modification or waiver will enhance the ability of the proposed special use to meet the general standards set out in Section 5-105E for all special uses.
[Ord. 4411, 9-2-2008]
G.
Special Uses.
1.
Applications. An application for a special use permit, including applications for all planned developments, shall be submitted to the Development Services Department in a form provided by the Development Services Department. Applicants for special use permits for development of 1,000 acres or more must also apply for rezoning to the Large Scale Planned Development District. Petitions or applications for special uses must move through the public hearing process as outlined in Section 5-101 of these regulations.
[Ord. 2514, 1-17-1994; amended by Ord. 4411, 9-2-2008; Ord. 5167, 2-20-2017]
H.
Effect of Issuance of a Special Use Permit. Issuance of a permit for a special use shall be deemed to authorize only the particular use for which it is issued. Such permit shall not automatically expire upon the transfer of the property to a subsequent owner. Procedures should be followed in accordance with the provisions of Section 5-105C.
[Ord. 2462, 10-18-1993]
I.
Development Under an Approved Special Use Permit.
1.
Development of the use shall not be carried out until the applicant has secured and maintained active approvals of all other permits and approvals required by these regulations, the Building Code, the Village, or regional, state and federal agencies and until the approved special use is recorded in accordance with Section 5-105H.
[Ord. 4411, 9-2-2008; amended by Ord. 5126, 9-19-2016]
J.
Inspection During Development Under a Special Use Permit.
1.
Following issuance of a special use permit, the Development Services Department shall review on a quarterly basis until the completion of the development, all permits issued and construction undertaken, shall compare actual development with approved plans and permits for development and the approved development schedule, if any, and shall report his or her findings in writing to the Village Manager and the Plan Commission.
[Ord. 4411, 9-2-2008]
2.
If at any time during the construction of the development approved by the special use permit, the Development Services Department determines that development is not proceeding in accordance with the special use permit as approved, then the Department may issue a stop work order and immediately notify the Village Manager. Within 30 days of the issuance of the stop work order, if the violation is not corrected, the Board of Trustees shall schedule a meeting to consider the violation, conduct a full investigation into the facts and circumstances surrounding the alleged violation, and either revoke the approved special use permit or amend the special use permit in accordance with the provisions of Subsection L or M below.
[Ord. 4411, 9-2-2008]
K.
Approval of Minor Deviations. If the Development Services Department finds that minor deviations from the approved plans and schedule are necessary or desirable, the Department may approve the deviations and amend the special use permit per the administrative Appearance Review process (see Section 5-106). Minor deviations shall be limited to the following:
[Ord. 4411, 9-2-2008; amended by Ord. 5126, 9-19-2016]
1.
Reduction of the total amount of open space by not more than 5% or reduction of the setback area or open space associated with any single structure by not more than 5%, provided that such reduction does not permit the required open space to be less than that required by Section 6-302;
2.
Alteration of the location, type or quality of required landscaping elements of the special use permit as long as the alteration does not change the overall effect of the landscaping; and
3.
Minor alterations in building siting and parking.
[Ord. 5126, 9-19-2016]
L.
Other Amendments or Adjustments. Any other adjustments or changes not specified in subsection N above shall be considered amendments to the special use permit and shall be granted only in accordance with procedures for original approval of a special use permit, as set forth in this section.
M.
Inspections After Development.
1.
Inspections by the Development Services Department. Following completion of the development of a special use, the Development Services Department shall review the development for compliance with the use as approved. If it is determined that the special use has been developed in accordance with the approval, then a Certificate of Occupancy shall be issued in accordance with Section 5-103. If the Development Services Department finds that the development, as completed, fails in any respect to comply with the use as approved, the Department shall immediately notify the applicant of such fact. The Development Services Department shall not issue a Certificate of Occupancy pursuant to Section 5-103 until the Plan Commission has acted on the Department's notification of non-compliance.
[Ord. 4411, 9-2-2008; amended by Ord. 5126, 9-19-2016]
N.
Termination of Special Use Permits. If construction of a special use permit has not been completed in accordance with the provisions of Subsection J above, or the Plan Commission has determined that construction has not been completed in accordance with the provisions of the approved permit, the Board of Trustees shall conduct a public hearing in accordance with the provisions of Section 5-101. Upon the conclusion of the public hearing, the Board of Trustees may terminate or modify the special use permit. In making such a decision, the Board shall consider whether there are substantial and legitimate reasons why construction of the special use was either not timely or in compliance with the original approval and whether the termination of such permit will advance the goals and objectives of the Comprehensive Plan and the standards applicable to the original approval. Unless extended pursuant to Section 5-105A, special use permits shall expire three years after the date of approval by the Board of Trustees if the applicant has not started the approved work. Special use permits shall also expire if they are not utilized for three years unless an extension is granted by the Board of Trustees.
[Ord. 3354, 4-17-2000; amended by Ord. 4411, 9-2-2008; Ord. 4574, 7-6-2010]
§ 5-106 Appearance Review.
A.
Purpose. The Appearance Review process aims to maintain and enhance the appearance of existing development throughout the Village, inclusive of building and site changes, without necessitating the need for formal public meetings. The general purpose of the Appearance Review process is to:
1.
Authorize the Development Services Department to conduct and approve minor site and exterior building changes;
2.
Confirm conformance with requirements outlined in this Code, in particular, but not limited to, Section 6-308 Design Standards;
3.
Maintain harmony with the community character of the area within which the development is located;
4.
Discover improvements above and beyond minimum Code requirements that will result in enhancements to the private and public realms; and
5.
Function as a backup documentation, if and as needed, for the purpose of determining the distribution of any Village incentives, as offered at the Village's discretion, such as the Appearance Improvement Grant (AIG).
[Amended by Ord. 5167, 2-20-2017]
B.
Authority. The Development Services Department is authorized to conduct and approve Appearance Reviews. The administration actions and the appeals process are set forth in Section 5-106D.
C.
Applicability. The Development Services Department shall determine if a petition qualifies for an Appearance Review or if a petition must proceed to a full site plan review, based upon the scope and type of work contemplated. The Development Services Department reserves the right to convert an Appearance Review to a full site plan review, therefore requiring public meetings, due to changes in the scope of work, finding of unknown field conditions, or discovery of new information.
1.
Zoning Districts. The Appearance Review process applies to all zoning districts in the Village, except for property in the OOH Zoning District. See Section 6-209 for applicable regulations for the OOH zoning District.
2.
Non-residential.
b.
Not Required.
(1)
Routine property maintenance;
(2)
Proposals that do not visibly change the appearance of the property and its structures;
(3)
Replacement of building materials with like building materials of the same color and dimension;
(4)
Replacement of landscape materials with like landscape materials of the same species, quality and location; and
(5)
Restaurants, not requiring a special use, occupying an existing or vacant former restaurant space and proposing no exterior changes.
c.
Required.
(1)
Alterations or expansions to the exterior of a building;
(2)
Changes in materials, either primary or accent;
(3)
Changes in colors, either primary or accent;
(5)
Additions or modifications to building appendages, such as awnings, rooftop screening, fencing and dumpster enclosures;
(6)
Modifications to the existing signage format, such as moving the established sign band location or changing its background color;
(7)
Addition or modification of outdoor congregation areas, including any ancillary improvements such as fencing, barriers, lighting and overhead features either freestanding or attached to a structure.
(8)
Addition or modification to on-site lighting, including freestanding, string (excluding holiday decorations) and affixed to a structure;
(9)
An increase in a parcel's lot coverage;
(10)
Any changes to a parking lot and its associated landscape zones;
(11)
Any modifications to a previously approved landscape plan, including the relocation of existing landscape materials;
(12)
Modifications to a previously approved stormwater management area, provided that engineering approval is granted;
(13)
Addition or modification to off-site improvements, such as sidewalks and multi-use paths, provided that engineering approval is granted;
(14)
Restaurants, not requiring a special use, occupying an existing or vacant former restaurant space and proposing exterior changes;
(15)
The expansion of lawfully existing restaurants operating pursuant to a special use where the expansion will occur in an adjoining space, regardless of its proximity to a residential parcel, provided that the expansion does not exceed 100% of the area initially approved for the special use for the restaurant; and
(16)
Addition or modification to drive-through accessories. See standards in Section 6-302K.
[Amended by Ord. 5221, 9-18-2017]
3.
Residential.
b.
Not Required.
(1)
Routine property maintenance;
(2)
Proposals that do not visibly change the appearance of the property and its structures;
(3)
Replacement of building materials with like building materials of the same color and dimension; and
(4)
Replacement of landscape materials with like landscape materials of the same species, quality and location.
c.
Required.
(1)
Alterations or expansions to the exterior of a building;
(2)
Changes in materials, either primary and accent;
(3)
Changes in colors, either primary and accent;
(5)
Additions or modifications to building appendages, such as awnings, rooftop screening, fencing and dumpster enclosures;
(6)
Addition or modification of outdoor congregation areas, including any ancillary improvements such as fencing, barriers, lighting and overhead features either freestanding or attached to a structure.
(7)
Addition or modification to on-site lighting, including freestanding, string (excluding holiday decorations) and affixed to a structure;
(8)
An increase in a parcel's lot coverage;
(9)
Any changes to a parking lot and its associated landscape zones;
(10)
Any modifications to a previously approved landscape plan, including the relocation of existing landscape materials;
(11)
Modifications to a previously approved stormwater management area, provided that engineering approval is granted; and
(12)
Addition or modification to off-site improvements, such as sidewalks and multi-use paths, provided that engineering approval is granted.
D.
Approval Process. The Development Services Department is authorized to conduct Appearance Reviews. The available administration actions include:
1.
Approval. The request is granted. Approval of an Appearance Review does not grant authority for activity in violation of Ordinances. Furthermore, separate review and approval is still required for building permits, final engineering, legal determinations, and zoning certificates, along with their respective direct and pass-through fees, as required.
2.
Approval with Conditions. The request is granted with the same qualifiers stated in Section 5-106C1 above, but the applicant must meet certain conditions of approval to bring the proposal into compliance with Village Design Standards, among other things, within an allotted amount of time as stipulated by the Development Services Department.
[Ord. 4161, 8-6-2006; amended by Ord. 4411, 9-2-2008]
3.
Denial. The proposal is denied. The applicant may appeal the decision of the Development Services Department to the Plan Commission at one of its next two regularly scheduled meetings. The Plan Commission shall review the application and the report and recommendation of the Development Services Department and shall grant or deny the application by a majority vote within 30 days of receipt of the appeal.
[Ord. 4161, 8-6-2006; amended by Ord. 4411, 9-2-2008; Ord. 5167, 2-20-2017]
E.
Expiration of Appearance Approval. Appearance Review approval of a proposal shall expire one year after the date of approval by the Development Services Department or the Plan Commission unless extended specifically by application to the Plan Commission.
[Ord. 3354, 4-17-2000; amended by Ord. 4161, 8-6-2006; Ord. 4411, 9-2-2008]
§ 5-107 Appeals of Administrative Decisions.
A.
Authority and Purpose. The Plan Commission is hereby authorized to hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of these regulations. An appeal may be initiated by any person aggrieved by any decision of any administrative entity of the Village.
B.
Application/Notice of Appeal. An application/notice of appeal authorized under the provisions of this section shall be submitted to the Village Manager and reviewed in accordance with the provisions of Sections 5-101.
[Ord. 4411, 9-2-2008]
C.
Review. Within 15 days after receipt of a complete application, the Development Services Department shall complete the review of the application within 10 days prior to the next scheduled meeting of the Plan Commission send a written recommendation to the Plan Commission, with a copy to the applicant, setting forth whether the appeal should be granted or denied and the grounds for such recommendation.
[Ord. 4411, 9-2-2008]
D.
Action by the Plan Commission. The Plan Commission shall review the application, the recommendation of the Development Services Department, conduct a public meeting on the application in accordance with the requirements of Section 5-101 and grant the appeal, grant the appeal subject to specified conditions or deny the appeal.
[Ord. 4411, 9-2-2008]
§ 5-108 Text and Map Amendments.
A.
Authority and Purpose. The Board of Trustees is hereby authorized to amend the text of these regulations or the Zoning District Map in light of changing conditions and in light of changes to the Comprehensive Plan. The provisions of this section are not intended to relieve particular hardships nor to confer special privileges.
B.
Initiation of Amendment. Amendments to the text of these regulations or the Zoning District Map may be initiated by the Board of Trustees, the Plan Commission, the Village Manager, any resident of the Village of Orland Park or any developer of any property located within the Village of Orland Park or its planning jurisdiction. Any amendment initiated by a resident which involves a single parcel of land shall require the submission of an application to the Development Services Department in accordance with the provisions of Sections 5-101B through D.
[Ord. 4411, 9-2-2008]
C.
Review. After receipt of a complete application for an amendment, the Development Services Department shall complete the review of the application and shall send a written recommendation to the Plan Commission, with a copy to the applicant, if any, setting forth whether the amendment should be granted or denied, setting forth a recommended zoning district classification, if any, and stating the grounds for any such recommendations as they relate to the standards and the purposes of the zoning district classifications of the Village, the standards in Subsection A, above, and the Comprehensive Plan and any adopted overlay plan.
[Ord. 4411, 9-2-2008]
D.
Action by Plan Commission.
1.
Public Hearing. The Plan Commission shall conduct a public hearing to consider any amendment to the text of these regulations or the Zoning District Map in accordance with the provisions of Section 5-101E.
[Ord. 4411, 9-2-2008]
2.
Text Amendment. The Plan Commission shall review a proposed text amendment, the recommendation of the Development Services Department, and the testimony at the public hearing, and the Commission shall recommend to the Board of Trustees approval, with or without conditions, or denial of the amendment.
[Ord. 4411, 9-2-2008]
3.
Map Amendment. The Plan Commission shall review a proposed map amendment by considering the recommendation of the Development Services Department and the following factors, and shall recommend to the Village Board of Trustees approval, with or without conditions, or denial of the amendment.
a.
LaSalle Factors. When reviewing an application for a map amendment (rezoning) the following factors apply for consideration. The factors below come principally from the 1957 case LaSalle v. County of Cook.[1] The factors are known as the LaSalle Factors, which Illinois courts apply over rezoning issues.
(1)
The existing uses and zoning of nearby property;
(2)
The extent to which property values are diminished by a particular zoning classification or restriction;
(3)
The extent to which the destruction of property value of a petitioning property owner promotes the health, safety, morals, or general welfare of the public;
(4)
The relative gain to the public as opposed to the hardship imposed on a petitioning property owner;
(5)
The suitability of the subject property for its zoned purposes;
(6)
The length of time the property has been vacant as zoned, considered in the context of land development in the area;
(7)
The Comprehensive Plan designation and the current applicability of that designation; and
(8)
The evidence or lack of evidence, of community need for the use proposed.
[Ord. 4411, 9-2-2008]
[1]
Editor's Note: See La Salle National Bank of Chicago v. The County of Cook, 12 Ill.2d 40 (1957), 145 N.E.2d 65.
E.
Action by the Committee of the Whole. The Committee of the Whole shall review all proposed text amendments, the recommendation and report of the Development Services Department, the testimony and evidence submitted at the public hearing, and the Plan Commission recommendation, and shall recommend approval, with or without conditions, or disapproval to the Board of Trustees. The Committee of the Whole, if required by Section 5-101A4, shall review all proposed map amendments, the recommendation and report of the Development Services Department, the testimony and evidence submitted at the public hearing, and the Plan Commission recommendation and shall recommend approval, with or without conditions, or disapproval to the Board of Trustees.
F.
Action by Board of Trustees. The Board of Trustees shall review the proposed amendment, the recommendation and report of the Development Services Department, the Plan Commission recommendation, the Committee of the Whole recommendation if required by Section 5-108F or Section 5-101A4, and shall grant, with or without conditions, or deny the amendment.
[Entire section amended by Ord. 5476, 1-20-2020] |
§ 5-109 Variances.
[Amended by Ord. 3070, 10-20-1997; Ord. 3281, 8-16-1999; by Ord. 4411, 9-2-2008; 10-21-2024 by Ord. No. 5947]
A.
Authority and Purpose. The Plan Commission is hereby authorized to grant and/or recommend to the Board of Trustees such variances from the literal terms of these regulations where there are practical difficulties or unnecessary hardships that may result from strict compliance with these regulations so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. All applications for a variance shall be heard by the Plan Commission.
B.
Application. An application for a variance authorized under the provisions of this section shall be submitted to the Development Services Department and reviewed in accordance with the provisions of Sections 5-101.
C.
Timing. Variances shall only be granted at the final approval stage. If a final plan is not required, then variances shall be granted prior to the issuance of a building permit.
D.
Standards Applicable to all Variances. The findings of the Plan Commission and the Board shall be based on data submitted pertaining to each standard in this section as it relates to the development. A variance shall be granted only if the applicant demonstrates:
1.
That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located;
2.
That the plight of the owner is due to unique circumstances;
3.
That the variation, if granted, will not alter the essential character of the locality;
4.
That because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations were carried out;
5.
That the conditions upon which the petition for a variation is are based are unique to the property for which the variance is sought and are not applicable, generally, to other property;
6.
That the alleged difficulty or hardship is caused by these regulations and has not resulted from any act of the applicant or any other person presently having an interest in the property subsequent to the effective date hereof, whether or not in violation of any portion thereof;
7.
That the granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located or otherwise be inconsistent with the Comprehensive Plan, any adopted overlay plan or these regulations;
8.
That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood;
9.
That the variance granted is the minimum adjustment necessary for the reasonable use of the land; and
10.
That aforesaid circumstances or conditions are such that the strict application of the provisions of this section would deprive the applicant of any reasonable use of his or her land. Mere loss in value shall not justify a variance; there must be deprivation of all beneficial use of land.
E.
Limitations on Variances Granted by the Plan Commission. Variances may only be granted by the Plan Commission in the below instances. The Village Board of Trustees may also grant these and other variances to these regulations.
1.
To permit any setback less than the setback required by the applicable regulations, but by not more than 25%.
2.
To permit an increase in the height of detached garages but by not more than 25%.
3.
To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or width of the lot or lots but in no event shall the respective area and width of the lot or lots be less than 90% of the required area and width. The percentage set forth in this subparagraph is not to be reduced by any other percentage for minimum lot width and area set forth in these regulations.
4.
To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 20% of the applicable regulations, whichever number is greater.
5.
To increase by not more than 10% the maximum gross floor area of any use so limited by the applicable regulations.
6.
To exceed any of the authorized variations allowed under this section, when a lot of record or a zoning lot, vacant or legally used on the effective date of these regulations, is by reason of the exercise of the right of eminent domain by any authorized governmental body or by reason of a conveyance under threat of an eminent domain proceeding reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located.
G.
Conditions. Issuance of a variance may be made subject to such conditions as are necessary to carry out the purposes of these regulations and to prevent or minimize adverse effects upon other property in the neighborhood, including, but not limited to, limitations on size and location, hours of operation, requirements for landscaping, lighting, and ingress and egress.
H.
Action by the Plan Commission. See Section 5-101C1 and 4 for the respective procedures and actions of the Plan Commission relating to public hearings.
I.
Action by the Board of Trustees. See Section 5-101 for the procedures and actions of the Village Board of Trustees.
J.
Special Use Procedures. If an application cannot comply with these variance regulations and the use would be otherwise permitted in the zoning district in which the property is located, the applicant may elect to follow the procedures for a special use permit set forth in Section 5-105 and thereby obtain some modification of these regulations if the project is a planned development with a special use.
§ 5-110 Landmarks Designation.
[Entire section amended by Ord. 4375, 6-2-2008]
A.
Purpose of Landmark Designation.
1.
Purpose. The purpose of a landmark designation shall be to preserve, rehabilitate and/or restore a site, place, building, structure, improvement, archaeological site, work of art, or other object within the corporate limits of the Village of Orland Park which may have historic, cultural, archaeological or architectural significance in accordance with criteria set forth in this section. The preservation, rehabilitation and restoration of historically and architecturally significant structures, sites, etc. are important activities for the Village's cultural heritage and character. In addition to the purpose here stated, the landmark designation strives to promote and accomplish the following:
a.
Promote Appropriate Infill Development. Reduce the environmental impact of new construction through the reuse and rehabilitation of existing historic buildings while revitalizing existing built areas for long-term use;
b.
Conserve Resources. Conserve the prior investment of resources and energy of existing buildings or sites etc.; Conserve open space, monuments, and the built and natural environments;
c.
Promote Tourism. Promote tourism through the preservation and advertisement of historically and architecturally significant sites, places, buildings etc. that will attract commerce and culture to the Village;
d.
Stabilize or Increase Property Values. Stabilize and increase property values through continued sustainable investment in existing built environments;
e.
Develop an Identity. Develop an identity for Orland Park as a historically and architecturally significant place;
B.
Landmark Designation Review Process.
1.
Initiation and Application. Any person, group of persons, association or Village agency may request a landmark designation for any site, place, building, structure, improvement, archaeological site, work of art, or other object within the corporate limits of the Village of Orland Park which may have historic, cultural, archaeological or architectural significance in accordance with the criteria set forth in Section 5-110C. The Development Services Department shall supply, upon request, the application forms to begin the review process for landmark designation. The application shall be reviewed in accordance with the provisions of Section 5-101.
2.
Review by the Development Services Department. After receipt of a complete application for designation of a landmark (see Section 5-101K), the Development Services Department shall review the petition for designation and send a written recommendation to the Plan Commission, with a copy to the applicant, setting forth whether the designation should be granted or denied and stating the grounds for any such recommendations as they relate to the standards and criteria set forth in Section 5-110C of these regulations.
3.
Review by the Plan Commission and Board of Trustees. The Plan Commission shall hold a public hearing for the landmark designation and the Village Board shall act on the recommendation of the Plan Commission. The Village Board may accept, reject, or modify the recommended motion. For the review proceedings regarding landmark designation please see Section 5-101 of the Land Development Code.
[Ord. 4940, 11-3-2014] |
C.
Criteria for Designating Landmarks.
1.
Local Landmark Criteria. The following criteria are a list of attributes to evaluate sites, places, buildings, structures, improvements, archaeological sites, works of art, or other objects within the corporate limits of the Village of Orland Park for designation as a landmark. The Plan Commission shall review each item to determine if it applies to each application for designation. The proposed landmark shall be considered on the basis of one or more of the following attributes:
[Ord. 3672, 8-5-2002; amended by Ord. 4940, 11-3-2014]
a.
That it exemplifies or reflects the cultural, political, economic or social history of the nation, state or community.
b.
That it is associated or identified with an historic person or with important event(s) in national, state or local history.
c.
That it embodies the distinguishing characteristics of an architectural type inherently valuable for a study for a period, style, method of construction, or use of indigenous materials or craftsmanship.
d.
That it represents the notable work of a builder, designer, or architect whose individual creativity has provided unique structures, improvements, or objects to the local area.
e.
That it is a building, structure, improvement, object or site embodying all or part of the above characteristics, which is subject to encroachment of detrimental influences.
f.
That it is a building, structure, improvement, object or site of historical, architectural, archaeological or cultural significance, which may or may not be threatened with alteration or demolition by public or private action.
D.
Local Register of Significant Places.
1.
Local Register of Significant Places. The Development Services Department shall maintain the Local Register of Significant Places. The Local Register of Significant Places is comprised of sites, places, buildings, structures, improvements, archaeological sites, works of art, or other objects within the corporate limits of the Village of Orland Park that have historical, architectural, cultural, and/or archeological significance to the Village of Orland Park.
2.
Orland Park Landmarks. The following properties are duly listed as part of Section 5-110 of the Village of Orland Park Land Development Code. They are considered Landmarks of the Village of Orland Park and shall each individually be known as an "Orland Park Landmark". Landmarks that are on the National Register of Historic Places must comply with the U.S. Secretary of the Interior's Standards outlined in Section 5-110F below.
a.
Landmarks.
(1)
9960 West 143rd Street "Orland Park School";
(2)
9999 West 143rd Street "Former Christ Lutheran Church";
(3)
9953 West 143rd Street;
(4)
9925 West 143rd Street;
(5)
9917 West 143rd Street First "Orland Park Library";
(6)
14306-10 Union Avenue "Orland Park Hotel";
(7)
14314 Union Avenue "Loebe Brothers General Store";
(8)
9952 West 144th Street "Loebe House";
(9)
9967 West 144th Street "Twin Towers Sanctuary" (National Register of Historic Places);
(10)
14316 Beacon Avenue "Orland State Bank";
(11)
14320-24 Beacon Avenue "Commercial Emporium";
(12)
14330 Beacon Avenue;
(13)
14315 Beacon Avenue;
(14)
14339 Beacon Avenue;
(15)
14420 Second Avenue "Cox House";
(16)
9830 West 144th Place "Humphrey House" (National Register of Historic Places);
(17)
17701 South 108th Avenue "Stellwagen Farm";
(18)
8041 West 151st Street "Boley Farm";
(19)
14701 South West Avenue "Hostert Log Cabins";
(20)
14500 South Ravinia Avenue "Limestone Building";
(22)
10756 Andrea Drive "Maue House";
[Ord. 2047, 9-25-1990]
E.
Landmark Rights and Requirements.
1.
Landmark Rights. A landmark designation does not:
2.
Landmark Requirements. A landmark designation:
a.
Requires review by the Plan Commission and Village Board for major or minor changes to the appearance of the landmark or site plan of the landmark, as defined by Section 6-209G. Such review requires the issuance of a Certificate of Appropriateness per the regulations of Section 6-209. See Section 5-101 for review procedures;
b.
Requires administrative approval for routine maintenance to the landmark as defined by Section 6-209.G;
c.
Requires a ninety-day demolition delay pending a public hearing at the Plan Commission and a Village Board review per Section 5-101 of these regulations, and the approval of a Certificate of Appropriateness for Demolition per Section 6-209I of these regulations;
(1)
If a Certificate of Appropriateness for Demolition is denied, a demolition permit shall not be issued until the ninety-day demolition delay has expired per Section 6-209I and until the landmark is surveyed and documented for its historical and/or architectural significance by a qualified historic preservation consultant and the survey is archived with the Village of Orland Park Development Services Department;
(2)
If in 90 days from the denial of the Certificate of Appropriateness for Demolition a reasonable alternative to demolition has been found by the Development Services Department, it shall be presented to the Board of Trustees for review and consideration. The Village Board of Trustees may then grant or modify with conditions the alternative proposal of the Development Services Department and deny the demolition, or deny the alternative proposal of the Development Services Department and grant the Certificate of Appropriateness for Demolition per Section 5-110E2c(1).
[Ord. 4940, 11-3-2014] |
F.
Landmarks Preservation, Rehabilitation, Restoration and Incentives.
1.
Preservation. The landmark designation works toward preservation. The designation supports the action or process of protecting, maintaining, and/or stabilizing the existing materials, form, and integrity of a historic or architecturally significant place or an individual component to a place or object, while protecting its heritage value. Preservation can include both short-term and interim measures to protect or stabilize the place, as well as long-term actions to retard deterioration or prevent damage so that the place can be kept serviceable through routine maintenance and minimal repair, rather than extensive replacement and new construction.
a.
United States Secretary of the Interior's Standards for Preservation. In the case of preservation, the Land Development Code of the Village of Orland Park refers to the United States Secretary of the Interior's Standards for Preservation for the preservation of landmarks. The Standards follow below and may be used as a reference:
[Ord. 4940, 11-3-2014]
(1)
A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces, and spatial relationships. Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken.
(2)
The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.
(3)
Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate, and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research.
(4)
Changes to a property that have acquired historic significance in their own right will be retained and preserved.
(5)
Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
(6)
The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color, and texture.
(7)
Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
(8)
Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
2.
Rehabilitation. The landmark designation also works toward rehabilitation. The designation supports the action or process of making possible a continuing or compatible contemporary use of a historic or architecturally significant place or of an individual component to a place or object, through repair, alterations and/or additions, while protecting its heritage value.
a.
United States Secretary of the Interior's Standards for Rehabilitation. In the case of rehabilitation, the Land Development Code of the Village of Orland Park refers to the United States Secretary of the Interior's Standards for Rehabilitation for the rehabilitation of landmarks. The Standards follow below and may be used as a reference:
(1)
A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
(2)
The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.
(3)
Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.
(4)
Changes to a property that have acquired historic significance in their own right will be retained and preserved.
(5)
Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
(6)
Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
(7)
Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
(8)
Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
(9)
New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
(10)
New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
3.
Restoration. The landmark designation emphasizes and works towards restoration as well. The designation supports the action or process of accurately revealing, recovering or representing the state of a historic or architecturally significant place or of an individual component to a place or object, as it appeared at a particular period in its history, while protecting its heritage value.
a.
United States Secretary of the Interior's Standards for Restoration. In the case of restoration the Land Development Code of the Village of Orland Park refers to the United States Secretary of the Interior's Standards for Restoration for the restoration of landmarks. The Standards follow below and may be used as a reference:
(1)
A property will be used as it was historically or be given a new use which reflects the property's restoration period.
(2)
Materials and Features from the Restoration Period will be Retained and Preserved. The removal of materials or alteration of features, spaces, and spatial relationships that characterize the period will not be undertaken.
(3)
Each property will be Recognized as a Physical Record of its Time, Place, and Use. Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research.
(4)
Materials, features, spaces, and finishes that characterize other historical periods will be documented prior to their alteration or removal.
(5)
Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize the restoration period will be preserved.
(6)
Deteriorated Features from the Restoration Period will be Repaired Rather than Replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials.
(7)
Replacement of Missing Features from the Restoration Period will be Substantiated by Documentary and Physical Evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically.
(8)
Chemical or Physical Treatments, if Appropriate, will be Undertaken Using the Gentlest Means Possible. Treatments that cause damage to historic materials will not be used.
(9)
Archeological Resources Affected by a Project will be Protected and Preserved in Place. If such resources must be disturbed, mitigation measures will be undertaken.
(10)
Designs that were never executed historically will not be constructed.
4.
Landmark Incentives. Local landmarks are capable of participating in local, county, state or federal tax incentive programs or grants that assist in the preservation, rehabilitation or restoration of historically or architecturally significant buildings. Qualification for these incentives is based primarily on the criteria set out by each individual program's lead agency. Local designation is often the first requisite. Sites, structures, buildings etc. must be included on the Local Register of Significant Places as officially recognized local landmarks in order to participate.
G.
Landmark De-designation Review Procedure.
1.
Landmark De-Designation. Landmarks shall be de-designated by the Development Services Department based on the review of changes made to them during a Certificate of Appropriateness review at the Plan Commission. The Development Services Department shall write a report and recommendation to the Plan Commission to de-designate a landmark. The same review sequence outlined in Section 5-101C for designating landmarks shall apply for de-designating them.
[Ord. 4940, 11-3-2014]
2.
Removal from the Register. De-designated landmarks shall be removed from the Local Register of Significant Places and shall not be eligible for local, county, state, or federal tax incentive programs or grants.
H.
Natural Resource Conservation, Natural Heritage Sites, and Scenic Corridors.
1.
Natural Resource Conservation. Section 5-110 of these regulations shall not be used to landmark, and thereby regulate, or act as a means to conserve, the natural resources of the Village of Orland Park. This section does not authorize landmark status to be placed on any natural resource in the Village of Orland Park. In so far as this section is concerned, natural resources are conserved via the sustainable preservation, restoration, rehabilitation and reuse of existing sites, buildings, structures etc. that have landmark status. Section 6-213 of these regulations, titled "Open Space District" protects and preserves the Village's natural areas.
[Amended 7-17-2023 by Ord. No. 5822]
2.
Natural Heritage Sites. The Development Services Department may recommend to the Village Board of Trustees a resolution for the non-binding designation of "Orland Park Natural Heritage Site" on the natural resources of the Village that are historically important to the Village and/or are ecologically significant to the area for the habitat of wildlife or for the perpetuation of the prairie or savannah character once prevalent in the region.
a.
Non-binding Designation. The non-binding designation is meant to act as a means of qualitative description for natural resources. Natural resources as dynamic symbiotic systems cannot be preserved like a landmark building or site regarding materials, resources and regulatory oversight. The non-binding status preserves the Village's ability to dynamically deal with natural resources and systems in conservation efforts commonly employed by park services, forestry officials, and ecologists, while still highlighting the important role the site has in the history and identity of the Village of Orland Park.
3.
Orland Park Natural Heritage Sites. The following sites are duly listed as part of Section 5-110 of the Village of Orland Park Land Development Code. They are considered Natural Heritage Sites of the Village of Orland Park and shall each individually be known as an "Orland Park Natural Heritage Site".
4.
Scenic Corridors. Section 6-404 of these regulations authorizes the establishment of scenic corridor easements which shall serve to protect and maintain a rural/suburban atmosphere in certain sections of the Village and its 1 1/2 mile jurisdiction. Such corridor easements will also provide a refuge for natural resources and wildlife and a natural buffer between more-developed areas. Such corridor easements shall be known as "Scenic Corridors" per these regulations and may be marked accordingly. In the context of landmark designation, scenic corridors shall act to promote the preservation of historic, natural or scenic qualities along public roads and streets. Regulation for scenic corridors shall be established on a case by case basis with regard to the terms of the easement per Section 6-404.
§ 5-111 Certificate of Appropriateness.
[Section deleted by Ord. 4210, 12-18-2006. The content of this chapter was incorporated into new chapters for the Village Center District (6-212) and the Old Orland Historic District (6-209).]
§ 5-112 Development and Subdivision Requirements.
[Amended by Ord. 2539, 3-21-1994; Ord. 2860, 3-18-1996; Ord. 3199, 11-16-1998; Ord. 3354, 4-17-2000; Ord. 3672, 8-5-2002; 4-17-2006 by Ord. No. 4125; Ord. 4183, 9-18-2006; Ord. 4412, 9-2-2008; Ord. 4574, 7-6-2010; Ord. 4926, 9-15-2014; Ord. 5061, 1-18-2016; Ord. 5221, 9-18-2017; Ord. 5312, 7-16-2018; Ord. 5476, 1-20-2020; Ord. 5564, 12-21-2020; 11-1-2021 by Ord. No. 5653; 7-17-2023 by Ord. No. 5822; 1-6-2025 by Ord. No. 5971]
A.
Purpose. It is the purpose of this section to establish standards and regulations for the review and approval of the development and subdivision of land within the Village and its extraterritorial jurisdiction in accordance with the Village's Comprehensive Plan, Official Map, Capital Improvements Program, and other goals, policies and regulations of the Village.
B.
Jurisdiction and Applicability.
1.
These procedures shall be applicable to:
a.
All lots of record, subdivisions and re-subdivisions, planned developments and development of land within the corporate limits of the Village and within 1 1/2 miles beyond the corporate limits of the Village;
b.
In the event another municipality's extraterritorial jurisdiction overlaps the extraterritorial jurisdiction of the Village and there is a boundary agreement between the Village and that municipality, these subdivision regulations shall be applicable to the territory as described in the agreement;
c.
In the event another municipality's extraterritorial jurisdiction overlaps the extraterritorial jurisdiction of the Village and there is no applicable boundary agreement, these regulations shall be applicable to the territory from the corporate limits of the Village to a median line equidistant from its boundary and the boundary of the other corporate authority nearest the Village at any given point on the land;
d.
Not-with-standing the provisions of Subsection B1c, above, if a development or subdivision is primarily located within a neighboring municipality's extraterritorial jurisdiction, and where only a small percentage of the development or subdivision would be affected by the exercise of the Village's jurisdiction, the applicant would not be required to obtain development or subdivision approval by the Village. However, if the Village Manager determines that a substantial benefit to the Village would be achieved by such review, such as the review of significant drainage, streets or other development or subdivision-related issues, then the applicant shall be required to comply with the provisions of these regulations. The applicant may appeal the determination of the Village Manager to the Board of Trustees; and
e.
The development or subdivision of any lot or parcel of land by use of metes and bounds description for the purpose of sale, transfer or lease for a period of time exceeding five years.
2.
Except as provided in Subsection B3 of this section, no land, structure or planned development within the Village or its extraterritorial jurisdiction may be developed, used, or occupied unless a final plan has been approved in accordance with the terms of these regulations.
3.
These development and subdivision procedures shall not be applicable to:
a.
The sale or exchange of parcels of land between owners of adjoining and contiguous land which does not involve any new streets or easements of access or create an unlawful condition on the property;
b.
The conveyance of parcels of land or interests therein for uses as rights of way for railroads or other public utility facilities which does not involve any new streets or easements of access;
c.
The conveyance of land owned by a railroad or other public utility which does not involve any new streets or easements of access;
d.
The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with a public use;
e.
Conveyances made to correct descriptions in prior conveyances;
f.
Additions, improvements, remodeling or renovation of less than 20% of the square footage of the original structure; and
g.
The development of a single family home on a single lot of record created after 1955.
D.
Record Plat of Subdivision Procedure.
1.
Purpose. The purpose of the record plat of subdivision review is to determine whether the record plat, and required subsequent plats as a result of the subdivision, are in substantial conformance with the approved final plan. This procedure shall include but not be limited to plats of vacation, dedication, easement, abrogation and consolidation.
2.
Initiation. An application for record plat of subdivision review may be submitted by the owner, an agent authorized in writing to act on the owner's behalf, or other person having a written contractual interest in the parcel of land proposed for subdivision. Topographical and profile studies must be submitted prior to plat approval. Park land shall be deeded to the Village prior to plat approval. All conditions of Village Board plan approval must be addressed and security provided for landscaping prior to plat approval.
3.
Review and Recommendation by the Development Services Department. After a final plan has been approved by the Board of Trustees, the petitioner shall prepare and submit an application and a record plat of subdivision on mylar or vellum to the Development Services Department. Said Department shall certify that the record plat conforms to the approved final plan. A recommendation will then be forwarded to the Board of Trustees.
4.
Board Action. Upon receipt of the recommendation of the Development Services Department staff on a record plat, the Board of Trustees shall review the application and approve, continue with conditions, or disapprove the record plat pursuant to Section 5-101B3c. The Village President, the Village Clerk, and the Village Comptroller shall sign the approved record plat.
5.
Recording of Plat. All record plats shall be recorded by the Village with the Recorder of Deeds or Registrar of Titles in the County in which the land is located. All record plats shall be recorded at a time specified by the developer, within one year of approval of the final plan by the Village. No record plat shall be recorded until the developer has withdrawn the property from registration in Torrens pursuant to the procedures required by law, has satisfactorily complied with the provisions of Subsection E, below, regarding guarantees of improvements, has paid the fee of the Recorder or Registrar of Titles, and has paid any other applicable fees.
E.
Guarantees for Improvement Completion.
1.
General. In order to assure that growth in the Village will be orderly and to guarantee the completion of public or private improvements required by these regulations after final approval, no final engineering and no building permits shall be approved/issued, and no installation or construction of such improvements shall commence until the requirements of this section have been met. This section shall also apply to development within the Village's 1 1/2 mile extraterritorial jurisdiction unless the Village obtains written documentation from the developer that he or she has provided the other applicable governmental unit with a performance guarantee, insuring the completion of such improvements. The provision of any performance guarantee does not in any way relieve the developer and/or owner from the obligation to complete all private or public improvements related to the development.
2.
Performance Guarantee. A performance guarantee acceptable to the Village must be provided in accordance with the provisions of this section and shall constitute part of the final approval required by the Board of Trustees. The guarantee shall constitute an agreement signed by the applicant and the Village Manager, and approved by the Village Attorney, that guarantees the completion of all required improvements within a specified time. The agreement shall indicate the title and date of the final engineering plans reviewed by the designee of the Engineering Department, for the purpose of establishing the guarantee amount, and that security as provided in this section, equal to 125% of the total projected costs of public improvements. This shall be submitted to the Village.
3.
Security Methods. One of the following security methods shall be utilized to guarantee the completion of public improvements:
a.
Letter of Credit.
(1)
Form. The applicant may file an irrevocable letter of credit issued by any local financial institution approved by the Village Manager and the Village Attorney, in accordance with guidelines established by the Board of Trustees. The letter of credit shall be in the same written form as the sample letter of credit that is provided by the Finance Department.
(2)
Terms. The letter of credit shall be in an amount sufficient to pay for the cost of construction of the public improvements, landscaping on private and public property for single family and multi-family residential developments and all non-residential developments, and all engineering costs if deemed necessary by the Director of Engineering. The Village will collect an additional 7% of the total cost of construction to recover for management and administrative time and expenses incurred by the Village staff in processing and administering the public improvements and landscaping. Any conditions that the applicant or issuing financial institution seeks to attach to collection or use of the funds, must be included in the terms of the letter of credit. The letter of credit shall provide that the issuing financial institution shall pay to the Village, or as the Village directs, such amounts as may be required to complete the improvements according to the approved specifications. The letter of credit should provide that its amount will be reduced from time to time as payments for improvements approved by the Director of Engineering are made, but at no time shall the available balance be less than 15% of the total estimated cost of the improvements yet to be accepted by the Village.
(3)
Time Limit. The letter of credit shall be irrevocable for at least 12 months and shall have an expiration date of not less than 60 days after the date of completion specified for the improvements. The letter of credit shall automatically be extended for additional periods of one year unless the Village notifies the applicant at least 30 days in advance of the expiration date that the Village will not accept an extension of the letter of credit. If any balance remains at the expiration of any time limit placed on the letter of credit, the applicant shall be notified that the current letter of credit must be renewed or that said balance must either be deposited with the Village in a cash escrow, or a new letter of credit must be provided.
b.
Other Guarantee Security Method. The Board of Trustees may, at its discretion, approve any other security method.
4.
Insufficient Fund Balance. If, at any time before the construction of all required improvements has been completed, the balance of funds remaining undisbursed under any guarantee provided in accordance with this section is not sufficient, in the judgment of the Director of Engineering, to cover the costs of construction of said improvements and all engineering costs (including the engineering and inspection fees of the Village) or if by reason of any order, decree or writ of any court, or for any other reason, the said undisbursed balance of funds shall be withheld, diminished or otherwise unavailable for the purposes provided herein, the applicant agrees to cause the balance to be increased to such amount as shall be required by the Village for such purposes, in the exercise of its judgment, or shall provide such other guarantee of performance as may be required by the Village.
5.
Time Limit. All performance guarantees shall provide that if the required improvements are not installed within two years of approval of the final plan, or a period of time otherwise specified by the Village, or in an applicable agreement between the Village and developer, the Village may deem the applicant to be in default, and may proceed in accordance with Subsection E6 below.
6.
Default. In the event the Director of Engineering determines, in the exercise of his judgment, that the applicant has failed to install proposed improvements in accordance with the approved plans and specifications, or has failed to comply with the terms of the guarantees provided in this section, the Board of Trustees may take any of the following actions:
a.
Disbursement of Letter of Credit. The Board of Trustees may advise the applicant in writing of the failure to install improvements, and give the applicant 30 days to cure such failure. If the applicant fails to cure said failure, the Village may, at its option, declare the applicant in default, and all monies on deposit pursuant to the letter of credit shall be disbursed by the letter of credit provider upon authorization of the Director of Engineering.
b.
Disbursement of Other Security Guarantees. The Board of Trustees may advise the applicant in writing of the failure to install improvements, and give the applicant 30 days to cure such failure. If the applicant fails to cure said failure, the Village may, at its option, declare the applicant in default, and all monies on deposit pursuant to the specified security guarantee shall be disbursed by the guarantee provider upon authorization of the Director of Engineering.
7.
Guarantee Amount. The amount of the performance guarantee shall cover all construction costs. The guarantee shall be in the following minimum amounts unless the applicant can show that certain of the costs have already been paid or construction has been satisfactorily completed.
Construction Cost:
a.
The guarantee amount required by the Village as stated in § 5-112.E.2, Performance Guarantee, shall include all public improvements and other improvements necessary to meet Village and other regulatory requirements, as approved and designated by the Director of Engineering.
(1)
Note: The provisions of 8.a.3.a below plus the provisions of 8.a.3.b below equal to the above mentioned provision in 7.a.
b.
Plus 100% of the estimated cost of landscaping on private and public property. In single family detached developments, private foundation landscaping and lawn seeding are not included in the letter of credit.
8.
Reduction in Amount of Guarantee.
a.
The applicant may from time to time as the public improvements are constructed, request a reduction in the amount of guarantee furnished. Said request shall be made by the applicant to the Engineering Department by filing the below documents. The Village Manager's Office shall provide final approval of the request for a reduction in the amount guarantee furnished.
(1)
A request for reduction indicating the requested amount;
(2)
A new or substitute letter of credit, or other approved security method for the reduced amount, if required (to be filed within seven days after the approval of the reduction);
(3)
An estimate by the applicant's engineer containing the following information:
(A)
The estimated cost of construction as defined in § 5-112.E.7.a;
(B)
The cost of contingencies and escalation of the cost of public improvements shall increase the above estimated amount by 25%;
(C)
15% of the cost of construction of the improvements constructed and in place shall remain in the letter of credit; and
(4)
Evidence acceptable to the Village Attorney that the cost of the public improvements is either paid or otherwise adequately provided for.
b.
The Engineering Department shall recommend to the Village Manager's Office approval or disapproval of said request. No reduction in the guarantee furnished shall be granted which would reduce said guarantee below a sum which is referenced in 5-112E8a(3).
c.
In the event the reduction in amount of guarantee is approved by the Village Manager's Office for a letter of credit, such approval shall not become effective unless a new or substitute letter of credit is received by the Village within seven days after such approval.
9.
Inspection and Certification of Improvements.
a.
General. Unless otherwise specifically provided, inspection of the construction of the improvements shall be by the Director of Engineering or Village Consultant, and shall be paid for by the applicant should the Village require compensation for its efforts. No improvements shall be constructed, and therefore no improvements shall be inspected, prior to final plan approval.
b.
Certification. Upon completion of all required construction, the applicant's engineer shall certify that the improvements comply in all respects with the plans and specifications approved by the Board of Trustees. All work shall at all times be subject to inspection by the Village Manager, the Director of Engineering, other Village officials, and their representatives. Regardless of contracts, agreements, or inspections performed, the final responsibility for the construction of all improvements in accordance with the applicable standards rests with the applicant. Certification by the applicant's engineer shall not constitute a waiver by the Village of the right to draw funds under the security provided herein on account of defects in or failure of any improvement that is detected or which occurs following such certification.
c.
Notice of Defects. The Director of Engineering shall provide timely notice to the developer whenever inspection reveals that an improvement does not conform to the one standards and specifications required by these regulations. The developer shall have 30 days from the issuance of such notice to cure or to substantially cure such defect. The Village may not declare a default during the thirty-day cure period on account of any such defect unless it is clear that the developer does not intend to cure the defect.
d.
Exemptions. Because neighboring jurisdictions and other utility districts are responsible for inspecting construction sites within their territorial limits, and because the Village desires to avoid duplicating the inspection of these projects, the Village shall only inspect development located within its corporate limits. The Village shall be entitled to rely on the written inspection reports submitted by the engineers of such neighboring jurisdictions and utility districts. The Director of Engineering shall be entitled to verify any inspection report received from a neighboring jurisdiction or utility district, and shall be given access to the construction site to conduct such independent analyses.
e.
Engineering Plan Review and Inspection Fee.
(1)
Engineering Plan Review. The plans and specifications for all public and private improvements that shall be made under the provisions of these regulations shall be submitted to the Village Development Services Department for inspection and review. As compensation for Village staff plan review, a fee, if determined by ordinance of the Village Board of Trustees, shall be paid to the Village at the time the plans and specifications are finally approved by the Village. In addition, compensation for plan review by an engineering consultant for the Village shall be equal to the amount charged to the Village by the consultant and shall be paid by the applicant to the Village prior to the issuance of building permits.
(A)
Compensation for engineering plan review by Village staff shall be set by ordinance of the Village Board, and shall be paid by the applicant to the Village at the time of final engineering approval and before a building permit is issued. The compensation levels may be amended from time to time. For an updated schedule contact the Development Services Department.
(2)
Engineering Inspections. All public and private improvements located within the Village's corporate limits that are guaranteed under the provisions of this section shall be inspected during the course of construction by the Director of Engineering, the Village's Engineering Consultant, or their designee. As compensation for such inspection by Village staff, a fee if determined by ordinance of the Village Board of Trustees shall be paid to the Village at the time the final engineering plans are approved by the Director of Engineering. In addition, compensation for engineering inspection by an engineering consultant for the Village shall be equal to the amount charged to the Village by the consultant and shall be paid by the applicant to the Village prior to the issuance of building permits.
(A)
Compensation for engineering inspections by Village staff shall be set by ordinance of the Village Board, and shall be paid by the applicant to the Village. The compensation levels may be amended from time to time. For an updated schedule contact the Development Services Department.
(3)
Landscape Plan Review and Inspections.
(A)
All preliminary landscape plans submitted to the Village in conjunction with single family and multi-family developments over two units and with all non-residential developments, or for any other required landscape plans as detailed in Section 6-305, Landscape and Tree Preservation, shall be reviewed by the Plan Commission, the Committee of the Whole, if required by Section 5-101A4, before Village Board approval. All final landscape plans shall incorporate conditions of approval of the Board approved preliminary landscape plan, and shall be reviewed and receive final approval from the Development Services Department upon recommendation of approval by the Village landscape consultant, if applicable.
(B)
Upon installation of required landscaping, the developer or property owner shall contact the Development Services Department to schedule a landscape inspection, which will initiate the landscape inspection process. All landscaping shall be inspected for proper installation and compliance with the approved landscape plan and any associated documentation, including hydro-period analyses or M&M Plans. A minimum of three years of consecutive naturalized landscape area inspection approvals shall be attained before Village approval and acceptance of any stormwater management area. A minimum of one year of site landscape approvals shall be attained before a letter of credit reduction can be requested. No letter of credit release shall be issued until a final landscape inspection approval has been granted by the Development Services Department. The fees charged to the Village by its landscaping consultant for landscape plan review shall be paid by the petitioner to the Village at the time of petition. Fees charged to the Village by its landscaping consultant for inspections of installed landscaping shall be paid by the petitioner to the Village by the applicant before final letter of credit release.
10.
Maintenance Guarantee.
a.
General. The applicant shall guarantee the public improvements against defects in materials and workmanship for a period of two years from the date of acceptance of public improvements by the Village. The applicant agrees to repair or replace any of said public improvements, including landscaping, which, during said two-year period after acceptance, shall become damaged or deficient due to defective materials or workmanship.
b.
Private Street Improvements. The applicant shall guarantee the private street improvements against defects in materials and workmanship for a period of two years from the date of acceptance of private street improvements by the Village. The maintenance of private roadways shall be the responsibility of the applicant until the time of final maintenance guaranty release, when the owner or homeowner's association shall become responsible for maintenance.
c.
Conditions of Guarantee. The guarantee required by this section shall include 5% of the final construction costs of the improvements in order to guarantee the cost of replacement of any defective materials used in the construction of the improvements. Said amount shall remain in force for the aforesaid two year maintenance period and shall be for use by the Village to effect such repairs deemed necessary for public safety and which the applicant has neglected to repair for a forty-eight hour period after notification.
d.
Disbursements of Account. Disbursements from the letter of credit or other security guarantee shall be made solely upon the direction of the Village, and shall not be subject to approval or disapproval by the applicant or the financial institution issuing the letter of credit or their agents.
e.
Return of Funds. Within 45 days following the two year maintenance period, the financial institution issuing the letter of credit or other security guarantee shall release to the applicant, without further demand or notice, any balance of funds then remaining undisbursed under said letter of credit or other security guarantee. The financial institution shall notify the Village of such return of funds to the applicant.
11.
Damage and Nuisance Guarantee.
a.
General. The guarantee of completion of public improvements shall also provide for the repair of damages and abatement of nuisances created by the applicant with respect to existing and subsequently installed landscaping, streets, sidewalks, curbs and gutters, parkways, water and sanitary sewerage facilities, culverts, catch basins and/or storm sewers.
b.
Guarantee Provisions. The damage and nuisance guarantee shall be in the total or prorated amount of $1,000 per platted block, or total of 5% of the construction cost of the new improvements, whichever amount is greater, and shall be provided upon the commencement of land development by letter of credit as provided in Section 5-112E3. In addition, security shall be required in the amount necessary to remove any silt eroded and deposited within 1/2 mile of the construction site.
c.
Release of Funds. Upon completion of all required development or subdivision improvements, the applicant's engineer shall prepare a certified statement that the improvements comply with the plans and specifications approved by the Board of Trustees, and shall forward the statement to the Village, together with a request for preliminary approval of improvements. The Director of Engineering shall verify whether the improvements comply with the approved plans and specifications, and, pursuant to Section 5-112E10 shall prepare a statement of preliminary approval for the Board of Trustees. Upon acceptance of that statement of preliminary approval, the Board of Trustees shall direct the financial institution issuing the letter of credit or other security guarantee to pay over to the applicant, without further demand or notice, any balance of funds then remaining undisbursed under said letter of credit or other security guarantee.
F.
Acceptance of Improvements. The approval of a subdivision plat by the Village Board of Trustees shall not constitute an acceptance by the Village of any improvements constructed therein. The Village shall accept the dedication of any validly certified improvement within 30 days of the developer's offer to dedicate the improvement. The acceptance of improvements shall be made as follows:
1.
Letter of Acceptance from the Village Manager's Office. The Village Manager's Office, with a written recommendation from the Engineering Department, shall issue a letter of acceptance to the petitioner/applicant that states that all required improvements have been fully completed, and that said improvements meet the design and operating standards and requirements of the Village and other agencies, including the Metropolitan Water Reclamation District of Greater Chicago, the Illinois Environmental Protection Agency, and the Illinois Department of Transportation. A copy of that letter shall be filed with the Development Services Department and the Village Manager's Office.
a.
The applicant's engineer shall provide to the Engineering Department one hard copy and one copy in electronic format [Shape File (.shp) or Geodatabse (.gdb) format] compatible with current Village software of "as built" drawings. All utilities and public improvements located within the development, including right-of-way lines, lot numbers, lot lines, geographic positioning system coordinate data of all utilities, and development mapping date [Shape File (.shp) or Geodatabse (.gdb) format] compatible with the current Village geographic information system shall be included as overlay maps for the purposes of review.
2.
Approval of Village Attorney. The Village Attorney shall approve such legal documentation as is necessary in his/her opinion to protect the interests of the Village, including valid lien waivers from all persons who provided materials or performed work on the improvement for which the certification has been offered. When applicable, the Village Attorney shall require the applicant to transfer title to the public improvements to the Village. The Village Attorney shall consider the following documents (where appropriate) for the closing:
a.
A bill of sale for the personal property to become public property located within the subdivision;
b.
An assignment to the Village of the applicant's rights and interests and warranties with respect to said personal property in the subdivision;
c.
A quit claim deed for all mains, valve boxes, streets, etc. for the public improvements located in the subdivision;
d.
UCC searches with respect to the public personal property located in the subdivision;
e.
Judgment searches for the applicant;
f.
Federal tax lien searches with respect to the development/subdivision and the applicant;
g.
A certificate from the applicant's engineer that the improvements are constructed in accordance with the approved engineering drawings or an explanation and certification as to any deviations;
h.
A certificate from the applicant's attorney that the appropriate corporate action has been taken by the applicant to make the conveyances through the bill of sale, quit claim deed or other documents; and
i.
Disclosure of beneficial interest in any land trusts.
The Village's acceptance of dedication shall be expressly conditioned on the presentation by the applicant of a policy of title insurance for the benefit of the Village showing that the applicant owns the improvement in fee simple and that there are no liens, encumbrances, or other restrictions on the improvement unacceptable to the Village Attorney in his reasonable judgment. Acceptance of dedication of any improvement shall not constitute a waiver by the Village of the right to draw funds under the security provided herein on account of any defect in or failure of the improvement that is dedicated or which occurs after the acceptance of the dedication. |
3.
(Reserved)
G.
Private Improvements.
1.
Privately Owned Improvements. Applicants constructing privately owned improvements, including landscaping, ponds, bike and walking paths, and private streets, shall demonstrate that adequate provision has been made for the maintenance of such improvements. Developers may create either a homeowners association or a reciprocal easement relationship as a means of demonstrating such provision.
2.
Homeowners Association Agreements. The declaration of covenants establishing a homeowners' association shall provide for the maintenance of all common areas located within the development. The declaration shall further provide that if the common areas are not properly maintained, the Village shall have the right to perform or cause to be performed such maintenance, at the cost of the association or the owners of property within the development, as applicable. If the homeowners' association or owners, as applicable, should fail to pay such cost upon demand, the Village shall have the same rights as the homeowners' association to assess and to collect the costs of such maintenance and to enforce in its name and the name of the association, as applicable, all liens for such costs granted to the association.
3.
Easements. If no homeowner's association is created, the applicant shall create a reciprocal easement relationship between and among all the properties in the development which makes adequate provision for the maintenance of all common areas in the development. The easement documents shall provide a mechanism for:
4.
Maintenance Failure. If the lot owners fail to perform such maintenance as may be reasonably necessary, the Village shall have the right to perform or cause to be performed such maintenance as the Village deems necessary, and in such event, may avail itself of the mechanism to collect the costs of such maintenance from the owners.
a.
The approval of a homeowners' association declaration or a reciprocal easement relationship by the homeowners shall not constitute an acceptance by the Village of such provisions for the maintenance of the private improvements. All such documents are subject to the prior approval of the Village Attorney, which approval shall be obtained by the applicant before an application for final plat approval is submitted to the Board of Trustees.
H.
Development and Subdivision Land Donations and Impact Fees.
1.
Findings and Purpose.
a.
Residential developments can cause increased demands upon public facilities and services that are specifically and uniquely attributable to those new residential developments. Affected facilities and services include public schools, libraries, parks, playgrounds and recreation facilities, open space, police, fire and emergency facilities and services, and public works facilities and services.
b.
To the extent that residential developments place demands upon public facilities that are specifically and uniquely attributable to such developments, those demands should be satisfied by requiring that the new residential developments creating the demands dedicate land and or pay the costs of meeting the demands.
c.
The Village Board, after careful consideration, finds and declares that land and cash in lieu dedications and the imposition of development impact fees upon new residential developments to finance, in accordance with Illinois law, the acquisition of land, and the cost of public facilities and such services that are specifically and uniquely attributable to such residential developments within the jurisdiction of Village, are in the best interests of the general welfare of the Village and its residents, are equitable, and do not impose an unfair burden on such developments.
d.
It is declared to be the policy of the Village that the provision of various public facilities required to serve growth resulting from new residential developments is subject to the control of the Village in accordance with the Land Development Code and Comprehensive Plan of the Village for the orderly, planned, efficient, and economical development of the Village.
e.
The amount of the dedications and development impact fees to be required by residential developments shall be the proportionate share of the cost of the additional public facilities or operations needed to support such developments (including during the period of time between occupancy and full inclusion of the development in the general property tax rolls) in accordance with Illinois law, and such development impact fees shall be calculated to ensure that developers of new residential developments pay only the growth-related portion of the costs of acquiring lands and, to the extent permitted by law, the needed facilities specifically and uniquely attributable to the new residential developments, or the portion of the additional costs of services to the new residential development not reflected by general property taxes.
2.
Dedications and Fees.
a.
Land dedications, payments of cash in lieu or in combination with land dedications, and payments of impact fees are hereby imposed and required as provided in this section.
b.
Unless expressly provided otherwise in this section or a development agreement approved by the Village Board, the developer shall not be entitled to any further permits, approvals, or authorizations relating to the development unless all required donations and payments under this section have been made.
c.
Every annexation agreement and development agreement for residential development entered into by the Village hereafter shall contain a provision that the applicant agrees to the legal validity of the provisions of this section and the dedication and fee requirements imposed by in this section, and agrees to comply with its terms and conditions.
d.
For any residential development for which a final plat or final development plan has been approved or for which a building permit has been issued prior to the adoption of this ordinance by the Village of Orland Park Board of Trustees, the development required impact fee shall be as required by the impact fee ordinance in place at the time of the development approval by the Village of Orland Park Board of Trustees or as set forth in any applicable annexation or other agreement relating to such development. If there is no such agreement and to the extent not otherwise provided in such agreement, the terms and provisions of this section shall apply.
e.
It is recognized that fair market value and population density, age distribution and local conditions change over the years, and that the specific formula for the dedication of land, or the payment of fees in lieu thereof, as stated herein, is subject to periodic review and amendment as necessary.
f.
This section shall not affect, in any manner, the permissible use of property, density of development, design, improvement standards and requirements, or any other land use or development standard under the Land Development Code, or governing subdivision, development zoning, or other land use regulations.
3.
Intergovernmental Cooperation.
a.
Intergovernmental Agreement Required. It shall be an express condition to the delivery of the land dedication, fees in lieu of land dedication, or the impact fees to any school district, park district, parks department, fire protection district, public library, or library district (each a "Recipient") pursuant to the terms of this section that the Recipient shall have entered into a valid and enforceable intergovernmental agreement ("IGA") with the Village upon terms and conditions in a form approved by the Village attorney, and which IGA is acceptable to the Village. The IGA between the Village and each Recipient shall include an indemnification clause whereby such Recipient indemnifies the Village and its officers and employees, and shall defend, indemnify, and hold the Village harmless for any claims, suits, demands, judgments, fees (including attorneys' fees), costs, or losses of any kind, arising at law or in equity (except those arising out of willful misconduct by the Village relative to payment of land-cash funds), that are in any way related to any land-cash payment and/or conveyance of land, or the use thereof, and from any challenge based on the provisions set forth or referenced in this section and each part thereof, as amended from time to time. Further, said IGA shall provide for the Recipient to be responsible for any refunds to be made as a result of non-use of land-cash land or funds, any court ruling, or for any other reason whatsoever subject to the receiving entity's right against third parties to assert its rights to any funds sought to be refunded.
b.
Preparation of needs assessments. Each Recipient and public service provider shall periodically, at least every five years, prepare a study to assess the need for land, facilities and capital improvements, and services due to new, growth-related residential development. The study shall consist of a detailed analysis of land and improvements dedicated for the Recipient's public facilities, service standards, and expected future land and capital improvement needs that will be directly attributable to planned residential growth. Such study or studies should also include information about the following: 1) development and development trends within the five most recent prior years, including public facilities actually constructed, 2) anticipated, relevant population generation, 3) changing public facility needs, 4) inflation, 5) any revisions to previous cost estimates for growth-related public facilities, 6) changes in the availability of other funding sources applicable to growth-related public facility projects, and 7) such other factors as may be relevant. Two or more Recipients or public service providers may submit to the Village a joint study that provides the required information for each Recipient.
4.
Dedication of Land or Fees in Lieu of Land for School Sites. As a condition of residential development approval, each subdivider or developer will be required to dedicate land, pay cash in lieu of land, or a combination of both, for school facilities to serve the immediate and future growth-related needs attributable to the students residing in the approved development. Dedication of land and/or payment of cash in lieu thereof, or a combination of both, is also referenced herein as a "land-cash contribution." Whether a land donation or cash contribution is required shall be based on the recommendation of the Recipient of the contribution, but subject to final determination by the Village Board, and shall be clearly noted on the final development plan approved by the Village Board. The land-cash contribution shall be made in accordance with the provisions, criteria and formulas set forth herein, and the student-generation factors approved by the Village Board. Cash-in-lieu payments shall be made upon issuance of each residential building permit within the development.
a.
Criteria for Determining Land-Cash Contributions.
(1)
The land required to be dedicated for schools shall be based upon:
(A)
The number and mix of bedrooms of the dwelling units approved for construction under the Village-approved development plan;
(B)
The estimated number of students in each school classification to be generated by the dwelling units approved for construction under the Village-approved development plan;
(C)
The maximum number of students for each school classification;
(D)
The minimum number of acres of land for each school site for each school classification;
(E)
The number and bedroom mix of existing dwelling units.
(2)
"Dwelling units" as that term is applied to land-cash contributions for schools and parks shall be subject to the exclusions under Section 5-112H10.
(3)
Cash payments in lieu of or in combination with land shall be based upon the acreage of land otherwise required to be dedicated, but not being dedicated, multiplied by the average fair cash value of residential land in the Village of Orland Park, being $150,000 per acre.
(4)
The maximum number of students for each school classification and the minimum number of acres of land for each school site for each school classification are set forth in Table 5-112H4a: Classifications and size of school sites in this section.
(5)
The estimated number of students in each school classification to be generated by the dwelling units approved for construction under the Village-approved development plan shall be calculated using the student generation factors approved by the Village, and Table 5-112H4b: Population Generation Table, not including the estimate number of students in each school classification expected to reside in any dwelling units existing in the Development area before Village approval of the development plan.
Table 5-112H4a. Classifications and Size of School Sites | ||
|---|---|---|
School Classification Grades | Maximum Number of Students for Each Such School Classification | Minimum Number of Acres of Land for Each School Site for Such Classification |
Elementary Schools - Grades K-5 | 600 Students | 12 Acres |
Junior High Schools - Grades 6-8 | 700 Students | 19.5 Acres |
High Schools - Grades 9-12 | 2,500 Students | 66 Acres |
Table 5-112H4b. Population Generation Table | |||||||
|---|---|---|---|---|---|---|---|
Type Of Unit | Preschool 0 - 4 Years | Elementary Grades K - 5 5 - 10 Years | Middle School Grades 6 - 8 11 - 13 Years | Total Grades K - 8 5 - 13 Years | High School Grades 9 - 12 14 - 17 Years | Adults 18 Years + | Total Per Dwelling Unit |
Detached Single-Family: | |||||||
2 bedroom | 0.120 | 0.411 | 0.138 | 0.549 | 0.222 | 1.856 | 2.746 |
3 bedroom | 0.268 | 0.486 | 0.153 | 0.639 | 0.135 | 1.913 | 2.955 |
4 bedroom | 0.371 | 0.702 | 0.259 | 0. | 0.242 | 1.985 | 3.532 |
5 bedroom | 0.386 | 0.590 | 0.236 | 0.826 | 0.242 | 2.191 | 3.645 |
Attached Single-Family: | |||||||
2 bedroom | 0.206 | 0.084 | 0.057 | 0.141 | 0.030 | 1.318 | 1.697 |
3 bedroom | 0.214 | 0.104 | 0.039 | 0.143 | 0.050 | 1.966 | 2.374 |
4 bedroom | 0.183 | 0.271 | 0.106 | 0.377 | 0.105 | 2.102 | 2.767 |
5 bedroom | — | — | — | — | — | — | — |
Apartments: | |||||||
Efficiency | — | — | — | — | — | 1.400 | 1.400 |
1 bedroom | 0.058 | 0.032 | 0.012 | 0.044 | 0.013 | 1.653 | 1.710 |
2 bedroom | 0.129 | 0.064 | 0.031 | 0.095 | 0.038 | 1.744 | 2.007 |
3 bedroom | 0.199 | 0.115 | 0.073 | 0.188 | 0.083 | 2.005 | 2.475 |
NOTE: There are only three significant categories provided in this chart. Because of the similarity of yields of all types of attached single-family, only one category is provided. The same is true with apartments; thus only one category. |
Table 5-112H4c. Bedroom Mix | |
|---|---|
Type of Residential | Bedroom Mix |
Single-family detached dwellings | Three-bedroom mix throughout the development |
Single-family attached and multiple family dwellings other than apartments | Two-bedroom mix except that the actual bedroom mix shall be used for an approved PUD |
Apartments | The mix shall be based upon 50% of the dwelling units being one bedroom and 50% being two-bedroom units, except that the actual bedroom mix shall be used for an approved PUD. |
(6)
The Developer may contest the following under the terms and procedures set forth in Section 5-112H11:
(A)
The estimated number of students in each school classification to be generated by the dwelling units approved for construction under the Village-approved development plan; and/or
(B)
The number of dwelling units and mix of bedrooms existing within the area that is the subject of the approved final development plan; and/or
(C)
The average fair cash value of residential land in the Village of Orland Park at the time of development approval.
b.
"Per Permit" Cash-In-Lieu Payments. Payment of fees "per permit" shall be based on the residence type and actual number of bedrooms identified in the building permit at the time of issuance of each building permit. Payment shall be made prior to issuance of said building permit and shall be based upon the land-cash provisions in effect at the time of issuance of the permit. No credit or credit adjustment shall be given for an existing structure on the permitted lot at the time of payment.
5.
Dedication of land or fees in lieu of land for parks and recreation sites.
a.
General Requirements. As a condition of residential development approval, each subdivider or developer will be required to dedicate land, pay cash in lieu of land, or a combination of both, for park facilities to serve the immediate and future growth-related needs attributable to the residents in the approved development. The amount of park land and facilities or fee in lieu specifically attributable to new residents is based on the ratio of seven acres of active parks per 1,000 residents. This ratio is intended to attribute 100% of the land required for neighborhood parks to new residential development, and 40% of the land required for community parks to new residential development. Whether a land donation or cash contribution is required shall be based on the recommendation of the Recipient of the contribution (if other than the Village), but subject to final determination by the Village Board, and shall be clearly noted on the final development plan approved by the Village Board.
b.
Fair Share Donation Formula.
(1)
Land Ratio. Applicants for approval for residential developments shall donate land or a fee in lieu of land to the Village at a ratio of seven acres per 1,000 new residents estimated to reside in the Village approved development area. The classification and size of park sites is based on the criteria set forth in Table 5-112H5.
(2)
Projected population. The ultimate population of a development and of each dwelling unit therein shall be projected using Tables 5-112H4b and 5-112H4c, less credit for:
(3)
Cash in lieu amount. Cash payments in lieu of or in combination with land shall be based upon the acreage of land otherwise required to be dedicated, but not being dedicated, multiplied by the average fair cash value of residential land in the Village of Orland Park, being $150,000 per acre.
(4)
Location. Land donated for new parks shall be located based generally on the Village's Comprehensive Plan and official map and specifically in consideration of the design of each development. Land donated shall not include wetlands, flood plain or detention facilities.
Table 5-112H5. Park Size Requirement | ||
|---|---|---|
Types Of Recreation Area | Size Range | Minimum Acres per 1,000 People |
a) Mini or vest pocket park | 0.20 acres | Not applicable |
b) Playlot | 0.5 to 2.9 acres | 0.5 |
c) Neighborhood playground | 3 to 4.9 acres | 1.5 |
d) Neighborhood park and school | 5 acres per elementary school to 6.9 acres per junior high school | Not applicable |
e) Neighborhood park | 7 to 14.9 acres | 1.5 |
f) Playfield | 15 to 40 acres or more | 1.5 |
g) Regional community park | 40 to 100 acres or more | 4.00 |
c.
Park donation substitutions. As a condition of residential development approval, cash in lieu of the required land donation or in combination with the required land donation may be required by the Village if park land would be more appropriately located off-site, as determined by the corporate authorities in its sole judgment. Cash-in-lieu payments shall be made on a "per permit" basis upon the issuance of each residential building permit within the development. The provision of Section 5-112H4b shall apply to cash-in-lieu payments for parks contributions. "Per permit" fees shall be based on the residence type and actual number of bedrooms identified in the building permit at the time of issuance of each building permit with no credit being given for any existing structure on the permitted lot. Payment per permit shall be made prior to issuance of said building permit, and shall be based upon the land-cash provisions in effect at the time of issuance of the permit.
d.
Credit for Private Parks and Private Open Spaces and Recreation Areas.
(1)
The amount of land or cash in lieu required beyond the minimum outdoor common areas within the approved residential development required for development approval under the Land Development Code may be reduced by the provision of private parks and/or private open spaces and recreation areas. In general, a substitution of private parks or private open space for dedicated park land and/or cash in lieu will require a substantially higher degree of installed improvements and recreational facilities. Detailed plans and specifications of facilities to be installed, and maintenance guarantees, must be approved by the Village before any credit is given.
(2)
The amount of land or cash in lieu required as a condition of new residential development approval may be reduced by the provision of private parks within the approved development by up to two acres, provided the private park land meets the Village's standards for donations of public park land, and it is documented to the Village's satisfaction that the private park is and remains legally and practically available for use by all Village residents. The Village may require as a condition of development approval that a back-up special service area is established and recorded to provide for perpetual maintenance of the private park.
(3)
Open space for recreation areas and facilities within approved developments, may have the effect of reducing the demand for local public recreational services. As such, the Village may, in its sole judgment, reduce the land or cash in lieu donation required depending on the size of the development, the amount and location of the open space, the park and/or recreational facilities provided in the open space, the availability of use of the open space, perpetual maintenance commitments, and other relevant factors.
e.
The Developer may contest the following under the terms and procedures set forth in Section 5-112H11:
(1)
The population to be generated by the dwelling units approved for construction under the Village-approved development plan; and/or
(2)
The number of dwelling units and mix of bedrooms existing within the area that is the subject of the approved final development plan on the date of that is (36 months prior to the developer's filing of the application for development plan approval; and/or
(3)
The average fair cash value of residential land in the Village of Orland Park.
6.
Fire and rescue impact fee.
a.
General requirements. As a condition of residential development approval, each subdivider or developer will be required to pay a Fire and Rescue Impact Fee to serve the growth-related capital costs of fire and rescue services in the Village of Orland Park. The Fire and Rescue Impact Fee is the established average annual capital cost for fire and rescue services on a per capita basis, attributable to new residential development within the Village of Orland Park to be served by the Orland Fire Protection District.
b.
Fair Share Fire and Rescue Impact Fee Formula.
(1)
The average capital costs of fire and rescue services in the Village is the average annual capital cost for the 10 previous years.
(2)
"Per capita" is established by the most recent federal census therefor.
(3)
The ultimate population of a development and of each dwelling unit therein shall be projected using Tables 2 and 3, less the estimated existing population expected to reside in dwelling units within the development area at the time of the development plan approval.
Formula: | |
10 year annual avg. of capital cost for fire and rescue | |
Most Recent Census Population | |
Multiplied by: | |
i. | Projected new residents of the approved development minus: |
ii. | The estimated number of residents residing in dwelling units within the area that is the subject of the approved final development plan on the date of the development approval. |
= Fire and Rescue Development Impact Fee for the Development | |
c.
All Fire and Rescue Impact Fees attributable to the development shall be made, on a "per permit" basis upon the issuance of each residential building permit within the development. The provision of Section 5-112H4b shall apply to cash-in-lieu payments for Fire and rescue contributions. "Per permit" fees shall be based on the residence type and actual number of bedrooms identified in the building permit at the time of issuance of each building permit with no credit being given for any existing structure on the permitted lot. Payment per permit shall be made prior to issuance of said building permit, and shall be based upon the land-cash provisions in effect at the time of issuance of the permit.
d.
The Developer may contest the following under the terms and procedures set forth in Section 5-112H11:
(1)
The average capital costs of fire and rescue services in the Village is the average annual cost for the 10 previous years after removing the highest and lowest annual capital costs; and/or
(2)
The population to be generated by the dwelling units approved for construction under the Village-approved development plan; and/or
(3)
The number of existing dwelling units and mix of bedrooms existing within the area that is the subject of the approved final development plan on the date of the development approval.
7.
Law enforcement impact fee.
a.
General requirements. As a condition of residential development approval, each subdivider or developer will be required to pay a Law Enforcement Impact Fee to serve the growth-related capital costs of Law Enforcement services in the Village of Orland Park. The Law Enforcement Impact Fee is the established average annual capital cost for Law Enforcement services on a per capita basis attributable to new residential development to be served by the Police Department.
b.
Fair Share Law Enforcement Impact Fee Formula.
(1)
The average capital costs of Law Enforcement services in the Village is the average annual capital cost for the 10 previous years.
(2)
"Per capita" is established by the most recent federal census therefor.
(3)
The ultimate population of a development and of each dwelling unit therein shall be projected using Tables 2 and 3, less the estimated existing population expected to reside in dwelling units within the development area at the time of the development plan approval.
Formula: | |
10 year annual avg. of capital cost for Law Enforcement | |
Most Recent Census Population | |
Multiplied by: | |
i. | Projected new residents of the approved development minus: |
ii. | The estimated number of residents residing in dwelling units within the area that is the subject of the approved final development plan on the date of the development approval. |
= Law Enforcement Development Impact Fee for the Development. | |
c.
All Law Enforcement Impact Fees attributable to the development shall be made on a "per permit" basis upon the issuance of each building permit within the development. The provision of Section 5-112H4b shall apply to cash-in-lieu payments for Law Enforcement contributions. "Per permit" fees shall be based on the residence type and actual number of bedrooms identified in the building permit at the time of issuance of each building permit with no credit being given for any existing structure on the permitted lot. Payment per permit shall be made prior to issuance of said building permit, and shall be based upon the land-cash provisions in effect at the time of issuance of the permit.
d.
The Developer may contest the following under the terms and procedures set forth in Section 5-112H11:
(1)
The average capital costs of Law Enforcement services in the Village is the average annual cost for the 10 previous years after removing the highest and lowest annual capital costs; and/or
(2)
The population to be generated by the dwelling units approved for construction under the Village-approved development plan; and/or
(3)
The number of existing dwelling units and mix of bedrooms existing within the area that is the subject of the approved final development plan on the date of the development approval.
8.
Library impact fee.
a.
General requirements. As a condition of residential development approval, each subdivider or developer will be required to pay a Library Impact Fee to serve the growth-related capital costs of Library services in the Village of Orland Park. The Library Impact Fee is the established average annual capital cost for Library services on a per capita basis, attributable to new residential development to be served by the Orland Park Public Library.
b.
Fair share library impact fee formula.
(1)
The average capital costs of Library services in the Village is the average annual capital cost for the 10 previous years.
(2)
"Per capita" is established by the most recent federal census therefor.
(3)
The ultimate population of a development and of each dwelling unit therein shall be projected using Tables 2 and 3, less the estimated existing population expected to reside in dwelling units within the development area at the time of the development plan approval.
Formula: |
10 year annual avg. of capital cost for Library |
Most Recent Census Population |
Multiplied by: |
Projected new residents of the approved development minus: |
the estimated number of residents residing in dwelling units within the area that is the subject of the approved final development plan on the date of the development approval. |
= Library Development Impact Fee for the Development |
c.
All Library Impact Fees attributable to the development shall be made on a "per permit" basis upon the issuance of each residential building permit within the development. The provision of Section 5-112H4b shall apply to cash-in-lieu payments for Library contributions. "Per permit" fees shall be based on the residence type and actual number of bedrooms identified in the building permit at the time of issuance of each building permit with no credit being given for any existing structure on the permitted lot. Payment per permit shall be made prior to issuance of said building permit, and shall be based upon the land-cash provisions in effect at the time of issuance of the permit.
d.
The Developer may contest the following under the terms and procedures set forth in Section 5-112H11:
(1)
The average capital costs of Library services in the Village is the average annual cost for the 10 previous years after removing the highest and lowest annual capital costs; and/or
(2)
The population to be generated by the dwelling units approved for construction under the Village-approved development plan; and/or
(3)
The number of existing dwelling units and mix of bedrooms existing within the area that is the subject of the approved final development plan on the date of the development approval.
9.
Village public infrastructure impact fee.
a.
General requirements. As a condition of residential development approval, each subdivider or developer will be required to pay a Village Public Infrastructure Impact Fee to serve the growth-related capital costs of Village Public Infrastructure services in the Village of Orland Park. The Village Public Infrastructure Impact Fee is the established average annual capital cost for Village Public Infrastructure services on a per capita basis, attributable to new residential development to be served by the Village.
b.
Fair Share Village Public Infrastructure Impact Fee Formula.
(1)
The average capital costs of Village Public Infrastructure services in the Village is the average annual capital cost for the 10 previous years.
(2)
"Per capita" is established by the most recent federal census therefor.
(3)
The ultimate population of a development and of each dwelling unit therein shall be projected using Tables 2 and 3, less the estimated existing population expected to reside in dwelling units within the development area at the time of the development plan approval.
Formula: |
10 year annual avg. of capital cost for Village Public Infrastructure |
Most Recent Census Population |
Multiplied by: |
Projected new residents of the approved development minus: |
the estimated number of residents residing in dwelling units within the area that is the subject of the approved final development plan on the date of the development approval. |
= Village Public Infrastructure Development Impact Fee for the Development |
c.
All Village Public Infrastructure Impact Fees attributable to the development shall be made on a "per permit" basis upon the issuance of each residential building permit within the development. The provision of Section 5-112H4b shall apply to cash-in-lieu payments for Village Public Infrastructure contributions. "Per permit" fees shall be based on the residence type and actual number of bedrooms identified in the building permit at the time of issuance of each building permit with no credit being given for any existing structure on the permitted lot. Payment per permit shall be made prior to issuance of said building permit, and shall be based upon the land-cash provisions in effect at the time of issuance of the permit.
d.
The Developer may contest the following under the terms and procedures set forth in Section 5-112H11:
(1)
The average capital costs of Village Public Infrastructure services in the Village is the average annual cost for the 10 previous years after removing the highest and lowest annual capital costs; and/or
(2)
The population to be generated by the dwelling units approved for construction under the Village-approved development plan; and/or
(3)
The number of existing dwelling units and mix of bedrooms existing within the area that is the subject of the approved final development plan on the date of the development approval.
e.
No Village Public Infrastructure Impact Fee shall be due or payable for growth-related capital costs of law enforcement services, cash-in-lieu for parks, or any other capital costs or services for which a separate impact fee, land dedication, or cash-in-lieu thereof is payable to the Village pursuant to this section 5-112H.
10.
Excluded "dwelling units."
a.
Assisted living developments. The land-cash contribution for the parks and recreation related to assisted-living developments shall be subject to a reduction of the park dedication fee. The cash-in-lieu fee shall be determined by the number of beds provided in the development divided by four times the Efficiency Rate per Table 5-112H4b. Said reduction shall not preclude consideration of further reductions of land-cash contributions in accord with Section 5-112H11.
b.
The land-cash contribution for school districts shall be established as provided herein but deemed waived as to assisted-living developments.
c.
Age restricted developments. The land-cash contribution for the parks and recreation related to age restricted developments shall be calculated based upon a population generation rate of 1.8 persons per unit. If the development ceases to be age-restricted, the required park donation shall be recalculated using the standard population generation rate as per the ordinance in place at the time of age-restriction removal. The developer, and/or their assignees, shall be required to pay the difference between the initial payment and the recalculated payment within 60 days of assessment, unless otherwise extended by the Planning and Development Director.
d.
The land-cash contribution for school districts shall be established as provided herein but deemed waived as to age restricted developments. Subject to review and approval by the Village Attorney, covenants regarding age restriction and penalties for violation of such restrictions, as generally outlined in this subsection, shall be recorded prior to the Village granting final subdivision plat approval. Covenants ensuring the integrity and enforceability of age restrictions in an age-restricted development shall include, but not be limited to the following concepts:
(1)
All owners or occupants of property within an age-restricted development will strictly comply with the specified age restrictions.
(2)
Any homeowners' association ("HOA") formed for the development shall create and consistently use a process designed to monitor and enforce age restriction requirements;
(3)
Violations of the covenants shall cease;
(4)
Penalties for violation of specified age-restrictions shall apply to the student generator and the HOA.
(A)
Student Generator Penalties. If the owner of any dwelling unit violates or attempts to violate this section by enrolling or attempting to enroll or assisting in any way in enrolling a child or children in the schools of the school districts ("student generator"), then said student generator shall be liable i) to the school district for the cost of educating any child or children so enrolled by the Student Generator from the development area in an amount determined in accordance with Section 10-20.12a of the Illinois School Code (105 ILCS 5/10-20, 12a) and ii) to the school district a fine in the amount of three times the cost of educating any child or children enrolled as provided in i) or $50,000, whichever is greater, and iii) for all reasonable costs of any enforcement action, including litigation expenses, title reports, and attorney's fees incurred as a result of such enforcement. All costs and fines, as specified herein, to be paid by the student generator shall be recorded as a lien against the dwelling unit(s) of the student generator, in addition to any other remedies available by law for the collection of said costs and fines.
(B)
Homeowners' association penalties. It shall be the right, obligation and duty of the homeowners' association ("HOA") to enforce the restrictions contained in this section in a proactive and diligent manner. The HOA Board shall adopt, implement and enforce rules, regulations and procedures to ensure that at all time the restrictions contained herein are followed. At all times, the HOA shall have an obligation to cooperate with the school district and Village in enforcement efforts pursuant to this section. Within 90 days of written notification to the HOA by the school district or the Village of Orland Park that a violation of the restrictions set forth in this section may have occurred, the HOA shall commence an enforcement proceeding against the student generator, and shall diligently pursue the proceeding. If the HOA fails to commence such a proceeding within said time period and either the Village and/or school district commences such a proceeding, or if the HOA commences a proceeding, but fails to diligently pursue the same, then the HOA shall pay a fine of $50,000 to either the school district or the Village and also be responsible to reimburse either the Village or the school district for the costs and expenses of said their bringing such litigation including attorney's fees.
(5)
A provision that persons under the age of 22 may be guests in age restricted premises between May 15 and August 10 of each year, but that during the remainder of the year persons under the age of 22 may visit a resident's home for a maximum of 30 days of which no more than 14 may be consecutive.
(6)
By virtue of establishing a development as age restricted and accepting the benefits provided herein, the developer and their successors and assigns waive any right to challenge the school and park donation requirements if payment is ever required.
11.
Transfer of school and park contributions.
a.
Land.
(1)
Improved sites. All school and park sites shall be dedicated in a condition ready for full service, including electrical, water, sewer, and streets (including enclosed drainage, streetlights, and curb and gutter) as applicable to the location of the site, or acceptable provision made therefor. Sidewalks normally included within the definition of "improved sites" may be delayed due to the delay time between dedication of any such school or park sites and construction of the school or park facilities thereon.
(2)
Where land is required to be donated, and the residential development is less than 40 acres, then whenever practical, a park site or school site should be combined with dedications from adjoining developments in order to produce a usable school or park site without undue hardship on a particular developer.
(3)
Topography and grading. The slope, topography, and geology of the dedicated site as well as its surroundings must be suitable for its intended purposes and may not include stormwater facilities, unless agreed to by the receiving district.
(4)
Title to sites. Within, but not earlier than, 30 days of Village approval of the final development plan, a special warranty or trustee's deed conveying the land to be transferred as the land-cash contribution to the school or governing park authority, as applicable, shall be deposited with the Village for subsequent delivery to the school or park entity as the case may be. The Village shall hold the warranty or trustee's deed until receipt of notice from the school or park entity that the site is in acceptable condition. The subdivider or developer shall be responsible for conveying good, merchantable title to such site, and shall be responsible for payment of all fees and real estate taxes accruing to the date of the Village's delivery of the deed. If the site is put in acceptable condition as required under this section, but the school or park entity, as the case may be, does not deliver such notice to the Village within 90 days of the site being put in acceptable condition, as determined by the Village, then the Village shall record the deed and deliver the original of the deed to the school or park entity, as applicable.
(5)
Reservation of additional land for school and park purposes. Where land is required to be donated, and the Village's comprehensive plan calls for a larger school or park facility or operations site in a particular residential development than the developer is required to dedicate, the land needed beyond the developer's dedication shall be reserved in accord with the Statutes of the State of Illinois for subsequent purchase by the Village or other public body designated by the Village; provided that a negotiated purchase is made within one year from the date of approval of the final development plan, or an agreement between the developer and the applicable school or park board, as applicable, where such board has entered into an intergovernmental agreement with the Village is recorded outlining specific conditions for the conveyance of such property.
b.
Impact fees and cash in lieu.
(1)
Payment and transfer. Cash contributions in combination with or in lieu of school or park land contributions, and impact fees for fire and rescue, law enforcement and library purposes shall be paid by the Developer to the Village for transfer to the appropriate Recipient. Such contribution(s) shall be used by the Recipients solely for its use in the acquisition or improvement of land or capital facilities to serve the Recipient's immediate or future residential growth-related capital needs.
(2)
Transfer of funds to accounts. Upon receipt of development impact fees:
(A)
All cash in lieu of land dedication and impact fees paid and collected under this section shall be deposited by the Village Finance Director in a segregated impact fee account.
(B)
The Finance Director shall maintain and keep adequate financial records for the account, which shall show the date and source of all impact fee revenues, and the dates, Recipient payees, and purposes of all disbursements. Such records shall account for moneys received as being funds allocable to the Recipients which the funds are payable, or the Village department of fund to which the impact fee funds may be used.
(3)
Return of unused cash contributions and impact fees. If any portion of a cash in lieu contribution or an impact fee imposed and collected under this section i) is not expended for the purposes paid and set forth herein within five years from the date of payment by the developer, or ii) the contribution or an impact fee imposed and collected under this section remains held by the Village for such five-year period because a current and valid IGA between the Recipient payee and the Village does not exist as required under Section 5-112H3, then such cash in lieu contribution or impact fee shall be refunded to such owner of record for which such cash contribution or impact fee was made, except for the owners of those lots that were dedicated pursuant to the provisions of this section 5-112H. The refund shall be paid to the person who is the owner of record on the day when the refund is made and shall include accrued interest thereon at the rate of the CPI for each year.
12.
Objections.
a.
Any objection as to the accuracy of the population generation tables, the fair market land values, or any other matter, including but not limited to any determination or calculation made pursuant to this section ("objection") must be made prior to approval of the final plat of subdivision. Upon approval of the final plat of subdivision, any and all objections shall be deemed waived.
b.
Objections must be made in writing and be filed with the Village Clerk and sent to the applicable school district. The written objection must specify the land cash dedication provision(s) being challenged and the specific reasons therefor and shall include all studies and other documentation ("objector's documentation") which the objector desires the Director of Development Services to consider in support of the objection.
c.
In the event an objector files an objection to the table of estimated ultimate population listed herein, at the time of filing the objection, and as part of the objector's documentation, the objector may submit its own demographic study showing the estimated population to be generated from the subdivision or planned development, including a detailed explanation of the methodology used in developing an alternative generation table. Similarly, in the event an objector files an objection to the fair cash market value of the acres of land in the area improved that otherwise would have been dedicated as school facilities and operations, said objector may submit its own market study and/or appraisal report in support of its objection.
d.
Any impacted parties may submit a response to the objection and written documentation in support of or in opposition to the objection to the Village Clerk ("impacted party documentation") within 14 days of receipt by the Village of the objection and objector's documentation.
e.
A written recommendation shall be issued by the Village Manager, or his/her designee, with respect to the objection which sets forth her findings and conclusions based upon evaluation and review of the objection and all documentation provided with respect thereto. A copy of the recommendation shall be promptly provided to the objector and to any impacted parties.
f.
The Village Manager's recommendation shall be forwarded to the Village Board within 14 days of its issuance. Within a reasonable time thereafter the Village Board shall make a final determination with respect to the objection.
13.
Rules of construction and definitions. The following rules of construction and definitions shall apply to their use in this section 5-112H:
b. AGE RESTRICTED DEVELOPMENTS ASSISTED LIVING DEVELOPMENT BEDROOM BUILDING PERMIT CAPITAL ASSETS CAPITAL COSTS CAPITAL IMPROVEMENTS CASH IN LIEU DEVELOPER DEVELOPMENT DEVELOPMENT AGREEMENT DEVELOPMENT APPROVAL(1) (2) (3) (4) (5) DEVELOPMENT AREA DEVELOPMENT PLAN DWELLING UNIT EXISTING DWELLING UNITS IMPROVEMENT INTERGOVERNMENTAL AGREEMENT PARK ENTITY PARK FACILITIES AND PARK AND RECREATION FACILITIES PERSON PUBLIC FACILITY RECIPIENT RESIDENTIAL DEVELOPMENT RESIDENTIAL USE SCHOOL FACILITIES SITE VILLAGE VILLAGE BOARD VILLAGE PUBLIC INFRASTRUCTURE(1) (2) (3)
The words and phrases in this section shall have the meanings respectively ascribed to them in Section 2-102 of the Land Development Code, unless otherwise defined in this subsection H13.
Shall have the meaning as defined in accordance with the Federal Fair Housing Act as amended from time to time.
Means "Assisted living establishment" as established by the Illinois Department of Public Health, and as amended from time to time.
Means a room within a dwelling unit capable of being used for sleeping purposes, having a closet and an openable window, and meeting the minimum square footage requirements as described in Section 5-8-4-3(3b) of the International Property Maintenance Code (2006 or as adopted edition).
Means the permit issued by the Village for the construction, reconstruction, alteration, addition, repair, placement, removal, or demolition of or to a building, structure or part or appurtenance thereof, or dwelling unit, within the corporate limits of the Village.
Means land, land improvements, monuments, buildings and building improvements, construction in progress, machinery, equipment, vehicles, and infrastructure, provided such items have a useful life of more than one year and have an initial unit cost of $5,000 or more.
Means the costs incurred for design, acquisition, installation, construction, and replacement of capital assets that will either enhance a property's value, prolong its useful life, boost an assets condition, or adapt it to new uses.
Means the acquisition, installation, construction, and replacement of land and capital assets including but not limited to Improvements, and includes administrative, engineering, architectural, and legal costs that are specifically and directly associated with such Capital Improvements.
Means cash contributions for schools and/or parks in combination with or instead of land dedication under this section.
Means any person seeking development approval under the applicable regulations of the Orland Park Land Development Code.
Means any increase in the intensity of the use of land within the Village of Orland Park requiring the issuance of a building permit, including but not limited to construction, reconstruction, alteration, addition, repair, or placement of or to a building.
Means a contract, entered into between an owner and/or developer and the Village, approving and governing a development subject to this section.
Means Village approval of:
Any subdivision of land;
Any re-subdivision or modification of an existing subdivision;
Any planned development;
Any modification of an existing planned development; or
Any construction, reconstruction, alteration, addition, repair, or placement of or to a building that requires issuance of a building permit.
Means the land within an approved development plan.
Means plans, plats, and supporting documents requiring approval by the Village as a condition of development approval.
Under this section means one or more rooms within a dwelling which rooms include one of more bathrooms and complete kitchen facilities, and which are arranged, designed, or used as living quarters for a family.
Means dwelling units designed or used for residency within the development area at the time of development plan approval.
Shall have the meaning stated in Section 2-102 of this Code and shall include, but shall not be limited to, the development of parking lots; sidewalks; connections with sewer, water, and electrical lines; and streetlights, including the Village's system development charge; playgrounds; recreation grounds; and athletic fields. "Improvement" shall also include excavation and site preparation, and the purchase of any material, goods or equipment necessary to said development and construction. Improvement shall further include the construction of buildings; additions to existing school buildings; technological infrastructure; remodeled or renovated non-instructional spaces in classrooms; and the purchase of prefabricated classroom units to be used at a school facilities and operations.
Means an agreement to be entered into between the Village and each public body, individually, that affirms each public body's acknowledgement that this section shall control the collection and distribution of development impact fees, or land in lieu of development impact fees relating to developments, and that creates the responsibility for each public body to fully indemnify the Village.
Shall mean one or more park districts as defined under the Illinois Park District Code, 70 ILCS 1205/et seq., having jurisdiction within the corporate limits of the Village, or the Village of Orland Park Recreation and Park Department.
Means land and/or capital improvements owned and dedicated for park use attributable to new residential development.
Means any individual, firm, partnership, association, corporation, organization or business, or charitable trust.
Means sites and facilities for providing school, Village Public Infrastructure, park and open space, police, fire and emergency, and public works services that may be financed in whole or in part by the requirement of, or funds generated from, a land contribution or development impact fee, as well as any other use of such development impact fee funds permitted by law.
Means any school district, park entity, fire protection district, to which land, cash or fees are imposed, collected, and or paid pursuant to this section or a Village of Orland Park annexation or development agreement.
Means the development for residential use involving a net increase of two or more dwelling units.
Means any detached, duplex, townhouse, or multifamily dwelling, manufactured home, mobile home, boarding house or dormitory.
Means land and/or capital improvements owned and dedicated for school use attributable to new residential development.
Means a distinct and identifiable area or tract or tracts of land intended.
Means the Village of Orland Park.
Means the corporate authorities of the Village of Orland Park.
Means any and all of the following Capital Improvements, which are specifically and uniquely attributable to Residential Development:
Public sidewalks, street lighting, curbs, gutters, trees and landscaping associated with but not constituting roadway improvements;
Public storm sewers, drains, and drainage retention facilities; and
Public sanitary sewers and sewerage collection facilities that are not funded by Village connection fees.