(a)

Purpose. The process for amending the text of the ordinance from which this chapter is derived or zoning map is intended to permit modifications in response to changed conditions or changes in village policy. Amendments are not intended to relieve particular hardships or confer special privileges or rights upon any person or party.

(b)

Authority and execution. The village board, after receiving a recommendation from the zoning board of appeals/plan commission, shall take formal action on requests for amendments.

(c)

Procedure. All applications for amendments shall be filed with the zoning administrator in accordance with the requirements of section 82-73, application. Amendments initiated by the village require an application, but are exempt from fees.

(1)

Acceptance of application. Upon receipt of an application, the zoning administrator shall review the application for completeness. The complete application shall be scheduled for an upcoming zoning board of appeals/plan commission agenda for consideration.

(2)

Action by the zoning board of appeals/plan commission.

a.

The zoning board of appeals/plan commission shall hold a public hearing in accordance with this chapter and state law within 30 days of the filing of the completed application. Notice for the public hearing shall be in accordance with section 82-75, public notice. The applicant must provide written notice as required by section 82-75(c) at least 15 days, and no more than 30 days, prior to the public hearing. The giving of notice and all costs shall be the applicant's responsibility.

b.

Within 30 days of the close of the public hearing, the zoning board of appeals/plan commission shall forward to the village board its findings of fact and recommend either approval, approval with conditions, or denial on applications for code text amendments, or recommend approval or denial on applications for map amendments.

(3)

Action by the village board. The village board shall consider the application within 30 days of receiving the findings of fact and recommendation from the zoning board of appeals/plan commission. The village board may approve, approve with conditions or deny an application for code text amendments, and approve or deny applications for map amendments. The village board may also refer the matter back to the zoning board of appeals for further consideration.

(d)

Findings of fact. The zoning board of appeals/plan commission recommendation and village board decision on any zoning amendment is a matter of legislative discretion that is not controlled by any one standard. However, in making their recommendation and decision, the zoning board of appeals/plan commission and village board shall consider the following standards, as set forth in table 4-1, standards for text and map amendments:

TABLE 4-1. STANDARDS FOR ZONING TEXT AND MAP AMENDMENTS

(e)

Written protest. In the case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged either by the owners of 20 percent of the frontage proposed to be altered or 20 percent of the frontage immediately adjacent to or across an alley therefrom, or by the owners of 20 percent of the frontage abutting or directly opposite the frontage proposed to be altered, the amendment shall not be passed except by a favorable vote of two-thirds of the members of the village board then holding office. In such cases, a copy of the written protest shall be served, by the protestor, to both the applicant for the proposed amendment and the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.

(Ord. No. 08-50, § 2(exh. A(4.1)), 8-12-2008)

(a)

Purpose. The variation process is intended to provide a narrowly circumscribed means by which relief may be granted from unforeseen applications of this chapter that create practical difficulties or particular hardships.

(b)

Authority and execution. The village board, after receiving a recommendation from the zoning board of appeals/plan commission, shall take formal action on variation requests.

(c)

Procedure. All applications for variations shall be filed with the zoning administrator in accordance with the requirements in section 82-73, application.

(1)

Acceptance of application. Upon receipt of an application, the zoning administrator shall review the application for completeness. The complete application shall be scheduled for an upcoming zoning board of appeals/plan commission agenda for consideration.

(2)

Action by the zoning board of appeals/plan commission.

a.

The zoning board of appeals/plan commission shall hold a public hearing in accordance with section 82-74, public hearing, within 30 days of the filing of the completed application. Notice for the public hearing shall be in accordance with section 82-75, public notice. The applicant must provide written notice as required by section 82-75(c) at least 15 days, and no more than 30 days, prior to the public hearing. The giving of notice and all costs shall be the applicant's responsibility.

b.

Within 30 days of the close of the public hearing, the zoning board of appeals/plan commission shall forward its findings of fact and recommend either approval, approval with conditions or denial on applications for variations to the village board.

(3)

Action by the village board. The village board shall consider the application within 30 days of receiving the findings of fact and recommendation from the zoning board of appeals/plan commission. The village board may approve, approve with conditions or deny applications for variations. The village board may also refer the matter back to the zoning board of appeals/plan commission for further consideration. Any variation for which the zoning board of appeals/plan commission recommends denial may only be approved by a favorable two-thirds vote of the village board.

(d)

Findings of fact. A variation from the provisions of this chapter shall not be granted unless the zoning board of appeals/plan commission in its recommendation, and village board in its decision, makes specific findings of fact directly based on the standards and conditions imposed by this section. The standards for variations shall be as follows:

(1)

Hardship. No variation shall be granted unless the applicant shall establish that carrying out the strict letter of the provisions of this chapter would create a practical difficulty or particular hardship.

(2)

Unique physical conditions. The subject property is exceptional, as compared to other properties subject to the same provisions, by means of a unique physical condition, including:

a.

Irregular or substandard size, shape or configuration.

b.

Exceptional topographical features.

c.

Presence of an existing use, structure or sign, whether conforming or nonconforming.

d.

Other extraordinary physical conditions peculiar to, and inherent in, the subject property.

These unique physical conditions shall amount to more than a mere inconvenience to the property owner and shall relate to or arise out of the characteristics of the property rather than the personal situation or preference of the current property owner.

(3)

Not self-created. The aforesaid unique physical condition is not the result of any action or inaction of the property owner, or his predecessors in title, and that it existed at the time of enactment of the provisions from which a variation is sought, was created by natural forces or was the result of governmental action, other than the adoption of this chapter.

(4)

Denied substantial rights. The carrying out of the strict letter of provision from which a variation is sought would deprive the owner of the subject property of substantial rights commonly enjoyed by owners of other properties subject to the same provisions.

(5)

Not merely special privilege. The alleged hardship or difficulty is neither merely the inability of the owner or occupants to enjoy some special privilege or additional right not available to owners or occupants of other lots or properties subject to the same provisions, nor merely the inability of the owner to gain a greater financial return from the use of the subject property.

(6)

Conformance with ordinance and plan purposes. The variation would not result in a use of development of the subject property that would not be in harmony with the general and specific purposes of this chapter, including the provision from which a variation is sought, or the general purpose and intent of the comprehensive plan.

(7)

No other remedy. There is no means, other than granting the requested variation, by which the alleged hardship or difficulty can be avoided or remedied to a degree sufficient to permit a reasonable use of the subject property.

(8)

Minimum relief required. The requested variation is the minimum measure of relief necessary to alleviate the alleged hardship or difficulty presented by the strict application of this chapter.

(e)

Variation less than requested. The zoning board of appeals/plan commission may recommend, and the village board may grant, variations less than or different from that requested when the record supports the applicant's right to some relief, but not to the entire relief requested.

(f)

Conditions. The zoning board of appeals/plan commission may recommend, and the village board may impose, specific conditions and restrictions concerning use, construction, character, location, landscaping, screening and other matters, which address the purposes and objectives of this chapter, upon any property that is granted a variation. These conditions may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities or services. Such conditions shall be expressly set forth in the ordinance or order granting the variation. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of the variation.

(g)

Limitations.

(1)

Variations shall become null and void unless a building permit is issued and construction is actually begun within six months of granting the variation and is diligently pursued to completion. After notice to the property owner and an opportunity for a hearing, the village board may terminate the variation. However, the village board may extend this period, upon written request from the applicant showing good cause.

(2)

A variation is granted to a specific property and authorizes the conduct of the variation only on the property represented on the application and is not transferable to other properties.

(3)

The approval of a variation only authorizes the particular construction or development for which it was issued, but does not authorize the establishment or extension of any use, nor development, construction, reconstruction, alteration or moving of any building or structure without first obtaining any other required permit, including a zoning certificate, building permit and occupancy permit. The approved variation shall automatically expire and cease to be of any force or affect if such construction or development is beyond the scope so authorized.

(Ord. No. 08-50, § 2(exh. A(4.2)), 8-12-2008)

(a)

Purpose. The development and execution of this chapter is based upon the division of the village into districts, within any one of which the use of land and buildings, and the bulk and location of the buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district, without consideration, in each case, of the impact of that use upon neighboring lands and upon the public need for the particular use of the particular location. Such uses fall into two categories:

(1)

Uses operated by a public agency or publicly regulated utilities, or uses traditionally associated with a public interest.

(2)

Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(b)

Authority and execution. The village board, after receiving a recommendation by the zoning board of appeals/plan commission, shall take formal action on special use requests.

(c)

Procedure. All applications for special uses shall be filed with the zoning administrator in accordance with the requirements in section 82-73, application.

(1)

Acceptance of application. Upon receipt of an application, the zoning administrator shall review the application for completeness. The complete application shall be scheduled for an upcoming zoning board of appeals/plan commission agenda for consideration.

(2)

Action by the zoning board of appeals/plan commission.

a.

The zoning board of appeals/plan commission shall hold a public hearing in accordance with section 82-74, public hearing, within 30 days of the filing of the completed application. Notice for the public hearing shall be in accordance with section 82-75, public notice. The applicant must provide written notice as required by section 82-75(c) at least 15 days, and no more than 30 days, prior to the public hearing. The giving of notice and all costs shall be the applicant's responsibility.

b.

Within 30 days of the close of the public hearing, the zoning board of appeals/plan commission shall forward its finding of fact and recommend approval, approval with conditions or denial on applications for special uses to the village board.

(3)

Action by the village board. The village board shall consider the application within 30 days of receiving the findings of fact and recommendation from the zoning board of appeals/plan commission. The village board may approve, approve with conditions or deny applications for special uses. The village board may also refer the matter back to the zoning board of appeals/plan commission for further consideration.

(d)

Findings of fact. The zoning board of appeals/plan commission recommendation and the village board decision on a special use is a matter of legislative discretion that is not controlled by any one standard. An application for a special use shall not be approved unless the application is determined to be in conformance with each of the following standards, in addition to any specific use standards included in article VIII of this chapter, use standards:

(1)

The proposed special use is, in fact, a special use authorized in the zoning district in which the property is located.

(2)

The proposed special use is deemed necessary for the public convenience at that location.

(3)

The proposed special use does not create excessive additional impacts at public expense for public facilities and services, and will be beneficial to the economic welfare of the community.

(4)

The proposed use is in conformance with the goals and policies of the comprehensive plan, and all village codes and regulations.

(5)

The proposed special use will be designed, located, operated, and maintained so as to be harmonious and compatible in use and appearance with the existing or intended character of the general vicinity.

(6)

The proposed special use will not significantly diminish the safety, use, enjoyment and value of other property in the neighborhood in which it is located.

(7)

The proposed special use is compatible with development on adjacent property.

(8)

The proposed special use minimizes potentially dangerous traffic movements, and provides adequate and safe access to the site.

(9)

The proposed special use provides the required number of parking spaces and maintains parking areas, in accordance with the requirements of this chapter.

(10)

The proposed special use is served by adequate utilities, drainage, road access, public safety and other necessary facilities.

(11)

The proposed special use conforms to the requirements of this chapter and other applicable regulations.

(e)

No presumption of approval. The listing of a use as a special use within a zoning district does not constitute an assurance or presumption that such special use will be approved. Rather each proposed special use shall be evaluated on an individual basis, in relation to the findings of fact in this section, the standards in article VIII of this chapter, use standards, and the standards for the district in which it is located. Such evaluation will determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed.

(f)

Conditions. The zoning board of appeals/plan commission may recommend, and the village board may impose, such conditions and restrictions upon the construction, location and operation of a special use. Such conditions must be deemed necessary to comply with the standards set forth in this section, promote the general objectives of this chapter, and minimize or reduce the injury to the value of property in the neighborhood. Such conditions shall be expressly set forth in the ordinance granting the special use. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of such special use approval.

(g)

Limitations.

(1)

Special use approval may become null and void unless a building permit is issued within six months and construction is diligently pursued to completion, or a certificate of occupancy is issued and the premises are occupied within 90 days of the date of adoption of the ordinance granting special use approval. After notice to the property owner and an opportunity for a hearing, the village board may terminate the special use. However, the village board may extend this period upon written request from the applicant showing good cause.

(2)

Special use approval is granted to a specific property and authorizes the conduct of the special use only on the property represented on the application and is not transferable to other properties. Special use approval is transferable upon sale of the property so long as the special use is maintained in the same manner and continues to meet all approval conditions, subject to subsection (g)(4) of this section.

(3)

The approval of a special use authorizes the use on the property in the manner proposed, but does not in itself authorize the establishment of such use without first obtaining any other required approvals including, but not limited to, a building permit, sign permit, certificate of occupancy, zoning certificate, and site plan review.

(4)

Any modification or intensification of a special use that alters the essential character or operation of the use in a way not approved at the time the special use was granted, as evidenced by the record or by the text of this chapter, shall require new special use approval in accordance with this section.

(Ord. No. 08-50, § 2(exh. A(4.3)), 8-12-2008)

(a)

Purpose. The site plan review process promotes orderly development and redevelopment in the village, and ensures such development or redevelopment occurs in a manner that is harmonious with surrounding properties, is consistent with the comprehensive plan, and promotes the general welfare of the village. This section provides standards by which to determine and control the physical layout and design to achieve the following purposes:

(1)

Compatibility of land uses, buildings and structures.

(2)

Protection and enhancement of community property values.

(3)

Efficient use of land.

(4)

Minimization of traffic, safety hazards and overcrowding problems.

(5)

Minimization of environmental problems.

(b)

Applicability. Every application for a building permit for new construction, exterior modification, and building addition shall be subject to site plan review and approval, except for single-family and two-family dwellings. Parking lots of four or more spaces shall also require a building permit and site plan review. No building permit shall be issued unless and until site plan approval has been granted.

(c)

Procedure. All applications for site plan review shall be submitted to the zoning administrator in accordance with the requirements in section 82-73, application.

(1)

Acceptance of application. Upon receipt of an application, the zoning administrator shall review the application for completeness. The complete application shall then be forwarded to the site plan review committee for review.

(2)

Action by site plan review committee.

a.

Applications for site plan review shall be reviewed by the site plan review committee within 30 days of the filing of the complete site plan review application.

b.

If, in the committee's judgment, the site plan review application does not contain sufficient information to enable the committee to properly discharge its responsibilities, the committee may request additional information from the applicant. In that event, the 30 day period shall be suspended pending receipt of all information requested by the committee.

c.

No building permit shall be issued until site plan approval has been granted. If the site plan review committee approves a site plan, a building permit may then be issued, provided that all other requirements of all other applicable village codes and ordinances are satisfied.

(d)

Standards for site plan review. The scope of site plan review includes the location of principal and accessory structures, infrastructure, open space, landscaping, exterior lighting, traffic movement and flow, number of parking spaces, design of parking lots, and location of landscaping and screening. In reviewing site plans, the relationship of the site plan to adopted land use policies, and the goals and objectives of the comprehensive plan shall be evaluated. In addition, the following characteristics shall also be considered:

(1)

The arrangement of the structures and buildings on the site to:

a.

Allow for the effective use of the proposed development.

b.

Allow for the efficient use of the land.

c.

Ensure compatibility with development on adjacent property.

d.

Respond to off-site utility and service conditions, and minimize potential impacts on existing or planned municipal services, utilities and infrastructure.

e.

Protect the public health, safety, convenience, comfort and general welfare.

f.

Conform to the requirements of this chapter and other applicable regulations.

(2)

The arrangement of open space or natural features on the site to:

a.

Create a desirable and functional environment for patrons, pedestrians and occupants.

b.

Preserve unique natural resources where possible.

c.

Provide adequate measures to preserve existing healthy, mature trees wherever practically feasible.

d.

Respect desirable natural resources on adjacent sites.

e.

Design drainage facilities to promote the use and preservation of natural watercourses and patterns of drainage.

f.

Avoid unnecessary or unreasonable alterations to existing topography.

(3)

The organization of circulation systems to:

a.

Provide adequate and safe access to the site.

b.

Minimize potentially dangerous traffic movements.

c.

Separate pedestrian and auto circulation, and provide for bicycle parking or storage insofar as practical.

d.

Minimize curb cuts.

(4)

The design of off-street parking lots or garages to:

a.

Minimize adverse impacts on adjacent properties.

b.

Promote logical and safe parking and internal circulation.

(5)

The design of landscape improvements and related features to:

a.

Create a logical transition to adjoining lots and developments.

b.

Screen incompatible uses.

c.

Minimize the visual impact of the development on adjacent sites and roadways.

d.

Utilize plant materials suitable to withstand the climatic conditions of the village and microclimate of the site.

e.

Promote and enhance the appearance and image of the village.

(6)

Site illumination that is designed, located, and installed in a manner that will minimize adverse impacts on adjacent properties.

(7)

Conformance of the proposed development with the goals and policies of the comprehensive plan and all village codes and regulations.

(e)

Consultants. The site plan review committee may utilize the services of professional consultants for research, investigation and professional opinion in arriving at a recommendation or decision. The applicant whose request requires the use of such professional services shall reimburse to the village the reasonable cost it incurs in using such professional services within ten days of submission of the bill by the village. Consultants include, but shall not be limited to, professionals in the fields of planning, engineering, law, design, traffic design, finance and court reporters.

(f)

Relation to this chapter. The procedures in this section are not intended to be a substitute for, or to have any bearing upon, any procedures required under this chapter. If a proposed site plan involves a request for a special use permit or a variation, the site plan review committee may review the plan in advance of the zoning proceedings and may make findings on the assumption that the special use permit or variation will be granted. However, such findings shall not constitute a position by the village or any employee of the village in support of the petitioners' application for a special use permit or a variation, and shall not be received in evidence in any proceedings before the zoning board of appeals/plan commission. In such cases, the report of the site plan review committee in such cases shall be submitted to the village board concurrently with the report of the zoning board of appeals/plan commission.

(Ord. No. 08-50, § 2(exh. A(4.4)), 8-12-2008)

(a)

Purpose. The purpose of the home occupation certificate is to allow an occupation incidental to, and subordinate to, the principal residential use. In order to protect the character of a residential neighborhood, such uses are authorized only by a home occupation certificate.

(b)

Applicability. No home occupation shall be conducted until a home occupation certificate has been issued by the village. In some cases, a village business license may also be required.

(c)

Authority and execution. The zoning administrator shall be responsible for determining compliance with this chapter prior to issuance of a home occupation certificate. A certificate shall be either issued or denied by the zoning administrator within 15 days of receiving a complete application.

(d)

Procedure. All applications for a home occupation certificate shall be submitted to the zoning administrator in accordance with the requirements in section 82-73, application.

(1)

Acceptance of application. Upon receipt of an application, the zoning administrator shall review the application for completeness.

(2)

Action by zoning administrator. Within 15 days of filing of the complete application for a home occupation certificate, the zoning administrator shall issue a certificate if the proposed home occupation complies with the requirements of this chapter, including the use standards for home occupations.

(e)

Certificate nontransferable. No certificate shall be transferred or assigned, nor shall the certificate authorize any person other than the applicant to commence or carry on the home occupation for which the certificate was issued.

(f)

Record of home occupation certificates. A record of all home occupation certificates shall be kept on file in the office of the zoning administrator.

(Ord. No. 08-50, § 2(exh. A(4.6)), 8-12-2008)

(a)

Purpose. The zoning appeals process for review of decisions of the zoning administrator is intended to provide appropriate checks and balances on administrative authority.

(b)

Applicability. Applications for appeals may be filed by the owner of, or any person having a right of ownership in, any property in the village that is directly affected by a decision made under this chapter by the zoning administrator.

(c)

Authority and execution. The zoning board of appeals/plan commission shall take formal action on zoning appeals of zoning administrator administrative decisions. Only the decisions of the zoning administrator can be appealed. Other duties, decisions and actions not established by this chapter cannot be appealed under this process.

(d)

Procedure. All applications for an appeal shall be filed with the zoning administrator in accordance with the requirements in section 82-73, application.

(1)

Acceptance of application. Upon receipt of an application, the zoning administrator shall review the application for completeness. The complete application shall be scheduled for an upcoming zoning board of appeals/plan commission agenda for consideration.

(2)

Action by the zoning board of appeals/plan commission. The zoning board of appeals/plan commission shall hear an appeal within a reasonable time, shall give due notice to the parties involved, and shall decide the appeal within a reasonable time. Upon the hearing of the appeal, any party may appear in person, or by agent or attorney. The zoning board of appeals/plan commission may reverse or affirm, wholly or partly, or modify the zoning administrator's decision.

(e)

Limitations on appeals. A decision of the zoning administrator may only be appealed if an application is filed within 30 days of the decision.

(Ord. No. 08-50, § 2(exh. A(4.7)), 8-12-2008)

(a)

Purpose. The interpretation authority is intended to recognize that the provisions of this chapter, though detailed and extensive, cannot, as a practical matter, address every specific situation to which they may have to be applied. Many such situations can be readily addressed by an interpretation of the specific provisions of the ordinance in light of the general and specific provisions for which those provisions have been enacted. The interpretation authority established herein is not intended to add or change the essential content of the ordinance, but is intended to only allow authoritative application of that content to specific cases.

(b)

Initiation of interpretations. Applications for zoning interpretations may be filed by the owner of, or any person having a right of ownership in, any property in the village, that gives rise to the need for an interpretation. In addition, the village board or other village official may request that the zoning administrator render an interpretation. All applications for interpretations shall be filed with the village clerk in accordance with the requirements in section 82-73, application. Requests initiated by the village require an application, but are exempt from fees.

(c)

Authority and execution. The zoning administrator shall review and make final decisions on requests for interpretations.

(d)

Procedure. The zoning administrator shall review a request for an interpretation within a reasonable time, and shall give due notice thereof to the parties, and render the interpretation within a reasonable time. The zoning administrator shall have the ability to request additional information prior to rendering an interpretation.

(Ord. No. 08-50, § 2(exh. A(4.8)), 8-12-2008)

(a)

Purpose. A site development permit is issued by the village to regulate the construction or alteration of ground improvements and structures for the control of erosion, runoff, and grading.

(b)

Applicability.

(1)

A site development permit is required for any land disturbing activity that disturbs that would require the disturbance of one acre or more, unless specifically exempted by subsection (b)(2) of this section.

(2)

No site development permit is required for the following activities:

a.

Any emergency activity that is immediately necessary for the protection of life, property or natural resources.

b.

Existing nursery and agricultural operations conducted as a permitted main or accessory use.

(c)

Procedure.

(1)

An application for a site development permit shall be submitted to the zoning administrator. The following information shall be contained on the application:

a.

Each application shall bear the names and addresses of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee as determined by the village.

b.

The applicant may be required to file with the village a faithful performance bond, letter of credit, or other improvement security in an amount deemed sufficient by the village to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by the village, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.

(2)

An erosion and sediment control plan shall be required for sites disturbing one acre or more. no person shall be granted a site development permit for land disturbing activity that would require the disturbance of one acre or more without the approval of an erosion and sediment control plan by the village and an appropriate National Pollutant Discharge Elimination System permit issued by the state environmental protection agency. The erosion and sediment control plan shall meet the design requirements of subsection (c)(2)d of this section. The erosion and sediment control plan shall include the following:

a.

A sequence of construction of the development site, including stripping and clearing, rough grading, construction of utilities, infrastructure and buildings, and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.

b.

All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season.

c.

Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures.

d.

Provisions for maintenance of control facilities, including easements and estimates of the cost of maintenance.

(3)

Modifications to the plan may be authorized by the village by written authorization to the applicant, and shall include:

a.

Major amendments of the erosion and sediment control plan submitted to the zoning administrator

b.

Field modifications of a minor nature.

(d)

Design requirements.

(1)

Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the most recent version of the "Illinois Urban Manual," and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the village. Cut and fill slopes shall be no greater than a ratio of 2:1, except as approved by the village to meet other community or environmental objectives.

(2)

Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with this chapter. Clearing techniques that retain natural vegetation and drainage patterns, as described in the "Illinois Urban Manual," shall be used to the satisfaction of the village.

(3)

Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized.

(4)

Phasing shall be required on all sites disturbing greater than 30 acres, with the size of each phase to be established at plan review and as approved by the village.

(5)

Erosion control requirements shall include the following:

a.

Soil stabilization shall be completed within 14 days of clearing or inactivity in construction.

b.

If seeding or another vegetative erosion control method is used, it shall become established within 14 days or the village may require the site to be reseeded or a nonvegetative option employed.

c.

Special techniques that meet the design criteria outlined in the "Illinois Urban Manual" on steep slopes or in drainageways shall be used to ensure stabilization.

d.

Soil stockpiles must be stabilized or covered at the end of each workday.

e.

The entire site must be stabilized, using a heavy mulch layer or another method that does not require germination to control erosion, at the close of the construction season.

f.

Techniques shall be employed to prevent the blowing of dust or sediment from the site.

g.

Techniques that divert upland runoff past disturbed slopes shall be employed.

(6)

Sediment control requirements shall include:

a.

Settling basins, sediment traps, or tanks and perimeter controls.

b.

Settling basins that are designed in a manner that allows adaptation to provide long-term stormwater management, if required by the village.

c.

Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls.

(7)

Construction site access requirements shall include:

a.

A temporary access road provided at all sites.

b.

Other measures required by the village in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains.

(e)

Inspection.

(1)

The zoning administrator shall make inspections as required and either shall approve that portion of the work completed or shall notify the applicant wherein the work fails to comply with the erosion and sediment control plan, as approved. Plans for grading, stripping, excavating and filling work, bearing the stamp of approval of the village, shall be maintained at the site during the progress of the work. To obtain inspections, the applicant shall notify the village at least two working days before the following:

a.

Start of construction.

b.

Installation of sediment and erosion control measures.

c.

Completion of final landscaping.

(2)

The applicant or his agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plans. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the village at the time interval specified in the approved permit.

(3)

The zoning administrator shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under subsection (e)(2) of this section.

(Ord. No. 08-50, § 2(exh. A(4.9)), 8-12-2008)

(a)

Purpose. The purpose of the land disturbance activity permit is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety and welfare of the public residing in watersheds within this jurisdiction. This permit seeks to meet that purpose through the following objectives:

(1)

Minimize increases in stormwater runoff from any development in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion, and maintain the integrity of stream channels.

(2)

Minimize pollution caused by stormwater runoff from development that would otherwise degrade local water quality.

(3)

Minimize the total annual volume of surface water runoff that flows from any specific site during and following development to not exceed the predevelopment hydrologic regime to the maximum extent practicable.

(4)

Reduce stormwater runoff rates and volumes, soil erosion and pollution, wherever possible, through stormwater management controls and to ensure that these management controls are properly maintained and pose no threat to public safety.

(b)

Applicability.

(1)

No landowner or land operator shall receive any of the building, grading or other land development permits required for land disturbance activities of one acre or more without first meeting the requirements of this chapter prior to commencing the proposed activity.

(2)

The land disturbance activity permit requirement and stormwater performance criteria shall be applicable to all subdivision or site plan applications, unless eligible for an exemption or granted a waiver by the village under the specifications of subsection (b)(3) of this section. The permit also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules.

(3)

To prevent the adverse impacts of stormwater runoff, the village has developed a set of performance standards that must be met at new development sites, if determined to be applicable by the village. These standards apply to any construction activity disturbing one acre or more of land. The following activities may be exempt from these stormwater performance criteria:

a.

Additions or modifications to existing single-family structures.

b.

Developments that do not disturb more than one acre of land, provided that they are not part of a larger common development plan.

c.

Repairs to any stormwater treatment practice deemed necessary by the village.

(4)

When a site plan is submitted that qualifies as a redevelopment project, decisions on permitting shall be determined by the zoning administrator and on-site stormwater requirements shall be determined by the village engineer. A redevelopment project means any construction, alteration or improvement exceeding one acre in areas where existing land use is high density commercial, industrial, institutional or multifamily residential. This determination shall be dependent upon the amount of impervious area created by the redevelopment and its impact on water quality. Final authorization of all redevelopment projects will be determined after a review by the village.

(c)

Procedure.

(1)

An owner or operator desiring a permit for a land disturbance activity permit shall submit to a permit application to the zoning administrator.

(2)

A permit application shall be accompanied by a stormwater management concept plan and a maintenance agreement in order for the permit application to be considered. Applications for land disturbance activity permits must be accompanied by four sets of plans.

(3)

The stormwater management concept plan shall be prepared to meet the requirements of subsection (d) of this section.

(d)

Stormwater performance and design criteria.

(1)

General performance criteria for stormwater management. Unless judged by the village to be exempt or granted a waiver, the following performance criteria shall be addressed for stormwater management at all sites:

a.

All site designs shall, to the maximum extent possible, establish stormwater management practices to control the peak flow rates of stormwater discharge associated with specified design storms and reduce the generation of stormwater runoff. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots and landscaped areas to the maximum extent practical.

b.

To protect stream channels from degradation, a specific channel protection criterion shall be provided as prescribed in the Illinois Urban Manual.

c.

Certain industrial sites are required to prepare and implement a stormwater pollution prevention plan, and shall file a notice of intent (NOI) under the provisions of the National Pollutant Discharge Elimination System (NPDES) general permit. The stormwater pollution prevention plan requirement applies to both existing and new industrial sites.

d.

Prior to design, applicants are required to consult with the village to determine if they are subject to additional stormwater design requirements.

e.

The calculations for determining peak flows as required by the MWRDGC shall be used for sizing all stormwater management practices where applicable.

(2)

Basic stormwater management design criteria.

a.

Detention basins shall incorporate design features to capture stormwater runoff pollutants. In particular, designers shall give preference to wet bottom and wetland designs in locations adjacent to or near existing wetlands or in other areas where they are suitable and acceptable to the village and all flows from the development shall be routed through the basin.

b.

Dry basins with low-flow bypasses may be preferred in certain developments to enhance multiple uses where suitable and acceptable to the village. Retention and infiltration of stormwater shall be promoted throughout the property's drainage system to reduce the volume of stormwater runoff and to reduce the quantity of runoff pollutants.

c.

The drainage system should incorporate multiple uses where practicable. Uses considered compatible with stormwater management include open space, aesthetics, aquatic habitat, recreation, wetlands and water quality mitigation. The applicant should try to avoid using portions of the property exclusively for stormwater management.

(e)

Waivers to stormwater management requirements.

(1)

Conditions. Every applicant shall provide for stormwater management as required by this chapter, unless this requirement is waived by the village. The minimum requirements for stormwater management may be waived in whole or in part upon request of the applicant, provided that at least one of the following conditions applies:

a.

It can be demonstrated that the proposed development is not likely to impair attainment of the objectives of this chapter.

b.

Alternative minimum requirements for on-site management of stormwater discharges have been established in a stormwater management plan that has been approved by the village and the implementation of the plan is required by local ordinance.

c.

Provisions are made to manage stormwater by an off-site facility. The off-site facility is required to be in place, and designed and adequately sized to provide a level of stormwater control that is equal to or greater than that which would be afforded by on-site practices and there is a legally obligated entity responsible for long-term operation and maintenance of the stormwater practice.

d.

The village finds that meeting the minimum on-site management requirements is not feasible due to the natural or existing physical characteristics of a site.

e.

Nonstructural practices will be used on the sites that reduce:

1.

The generation of stormwater from the site;

2.

The size and cost of stormwater storage; and

3.

The pollutants generated at the site.

These nonstructural practices are explained in detail in the "Illinois Urban Manual."

(2)

Assurances required. In instances where one or more of the conditions above applies, the village may grant a waiver from strict compliance with these stormwater management provisions, as long as acceptable mitigation measures are provided. However, to be eligible for a waiver, the applicant must demonstrate to the satisfaction of the village that the waiver will not result in the following impacts to downstream waterway.

a.

Deterioration of existing culverts, bridges, dams and other structures.

b.

Degradation of biological functions or habitat.

c.

Accelerated streambank or streambed erosion or siltation.

d.

Increased threat of flood damage to public health, life and property.

(f)

Post-construction management. The following shall be required as part of post-construction management:

(1)

The requirements of section IV(D)(2)(b) of National Pollutant Discharge Elimination System permit No. ILR10, including management practices, controls and other provisions at least as protective as the requirements contained in the "Illinois Urban Manual," 2002 edition or most recent edition.

(2)

The long-term operation and maintenance of all best management practices shall be provided for.

(Ord. No. 08-50, § 2(exh. A(4.10)), 8-12-2008)

(a)

General enforcement. This chapter shall be enforced by the zoning administrator. The zoning administrator may secure the assistance of the village attorney to seek an injunction, abatement or other appropriate actions to enjoin, abate, or stop any violation of this chapter. At times, the aid of the police department may be sought to enforce this chapter. The property owner charged with the violation may be held responsible for any legal expenses incurred by the village.

(b)

Enforcement of site development permit.

(1)

Stop work order and revocation of permit. In the event that any person holding a site development permit pursuant to this chapter violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the village may suspend or revoke the site development permit.

(2)

Violation and penalties. No person or entity shall construct, enlarge, alter, repair or maintain any grading, excavation or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter. Any violation of this chapter shall be punishable to the maximum extent allowed by law, and each day during which any violation is committed, continued or permitted shall be deemed a separate offense. In addition to any other penalty authorized by this section, any person, partnership or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of such restoration.

(c)

Penalties. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, upon conviction, shall be fined for each offense. Each day that a violation continues shall constitute a separate offense for the purposes of the penalties and remedies available to the village. The accumulation of penalties for violations, but not the obligation for payment for violations already committed, shall cease upon correction of the violation.

(d)

Fines. Fines for violation of this chapter shall be in accordance with those mandated in this chapter.

(Ord. No. 08-50, § 2(exh. A(4.11)), 8-12-2008)