This Chapter 156 of the Village of South Elgin Municipal Code of Ordinances as amended shall be known, referred to, and cited as the "Unified Development Ordinance," "Ordinance," or "UDO."

The provisions of this Ordinance are adopted pursuant to the authority granted to the Village by the Illinois Municipal Code, for the following purposes:

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

2.   Ensure adequate light, air, open space, privacy, and access to property.

3.   Implement the goals and objectives of the Village's Comprehensive Plan and the other land use policies of the Village.

4.   Maintain and promote orderly land use patterns and development.

5.   Facilitate the provision of adequate public services and infrastructure.

6.   Protect the Village's quality of life and the character of its neighborhoods by ensuring that development is compatible and cohesive.

7.   Protect and enhance the taxable value of land, buildings, and structures.

8.   Promote development that sustainably manages environmentally sensitive issues.

9.   Define the responsibilities of the Village's administrative bodies and establish procedures for the effective use of the provisions of this Ordinance.

1.   Jurisdiction. This Ordinance applies to all land, uses, and structures within the corporate limits of the Village of South Elgin. In addition, the subdivision regulations of Section 156.03 (Zoning and Subdivision Applications) and Section 156.04 (Subdivision Development Standards) apply to any unincorporated areas located within one and one-half miles of Village limits.

2.   General Applicability. The provisions of this Ordinance shall be interpreted and applied as the minimum requirements for the promotion and protection of the public health, safety, convenience, comfort, and general welfare to achieve the purposes for which this Ordinance was adopted.

3.   General Prohibition. No structure, use of any structure or land, or lot of record shall be established, enlarged, extended, altered, moved, divided, or maintained in any manner contrary to the provisions of this Ordinance.

4.   Private Agreements. This Ordinance is not intended to nullify any easement, covenant, or other private agreement. In cases where this Ordinance is more restrictive than a private agreement, this Ordinance shall control. The Village shall not enforce any private agreements.

5.   Other Laws and Regulations. Unless specifically stated, this Ordinance shall control over less restrictive ordinances, regulations, and statutes, while more restrictive ordinances, regulations, and statutes shall control over the provisions of this Ordinance. The more restrictive provision is the provision that imposes more stringent controls.

The following transition rules shall apply in determining the applicability of this Ordinance with respect to the previously applicable zoning regulations.

1.   Existing Illegal Uses, Structures, and Lots. Any use, structure, or lot that was established illegally as of the effective date of this Ordinance, or its subsequent amendments, shall remain illegal if it does not conform with the requirements of this Ordinance.

2.   Permitted Uses Rendered Special Uses. If a use was classified as a permitted use prior to the effective date of this Ordinance, and is classified as a special use as of the effective date of this Ordinance, or its subsequent amendments, that use shall be deemed a lawful special use. Any subsequent addition, enlargement, or expansion of that use shall conform to this Ordinance's requirements for special uses.

3.   Special Uses Rendered Permitted Uses. If a use was classified as a special use prior to the effective date of this Ordinance, and is classified as a permitted use as of the effective date of this Ordinance, or its subsequent amendments, that use shall be deemed a lawful permitted use. Any subsequent addition, enlargement, or expansion of that use shall conform to this Ordinance's requirements for such permitted use and is no longer subject to the special use ordinance under which it was originally approved.

4.   Uses Rendered Legally Nonconforming. If a use was classified as a permitted or special use prior to the effective date of this Ordinance, and this Ordinance no longer classifies that use as either a permitted or special use in the zoning district in which it is located, that use shall be deemed a legal nonconforming use and shall be controlled by the provisions of Section 156.11 (Nonconformities).

5.   Structures and Lots Rendered Legally Nonconforming. If a structure or lot existing on the effective date of this Ordinance was conforming or legally nonconforming prior to the effective date of this Ordinance, and such structure or lot does not meet all standards set forth in this Ordinance, that structure or lot shall be deemed legally nonconforming and shall be controlled by the provisions of Section 156.11 (Nonconformities).

6.   Previously Issued Building Permits. If a building permit for a building or structure was lawfully issued prior to the effective date of this Ordinance, and if construction has begun within six months after the issuance of that permit and diligently pursued to completion, the structure may be completed based on the previously issued building permit, and may be occupied under a certificate of occupancy for the use originally intended upon completion. If the use was classified as a permitted or special use prior to the effective date of this Ordinance, and this Ordinance no longer classifies that use as either a permitted or special use in the zoning district in which it is located, that use shall be deemed a legal nonconforming use and shall be controlled by the provisions of Section 156.11 (Nonconformities).

7.   Previously Granted Special Uses and Variations. All special uses and variations granted prior to the effective date of this Ordinance shall remain in effect. The recipient of the special use or variation may proceed to develop the property in accordance with the plans and any applicable conditions approved by the Village Board. If the recipient has failed to act on the special use or variation before the approval expires, including any periods of extension granted, the provisions of this Ordinance shall govern.

8.   Setbacks. In cases where the setbacks recorded on a plat contradict the setbacks stated in this Ordinance, the setbacks stated in this Ordinance shall control.

1.   Graphics, Tables, and Text. The graphics, tables, and text in this Ordinance are regulatory. The graphics in this Ordinance are representations of the standards of this Ordinance and are not intended to represent every circumstance which may arise in the Village. In case of a conflict, text shall control over tables and graphics, and tables shall control over graphics.

2.   Tense and Form. Words used in the present tense include the past and future tenses.

3.   Number. The singular number includes the plural number, and vice versa.

4.   Shall and May. The word "shall" is mandatory, while the word "may" is permissive. "Shall not" and "may not" are both prohibitive.

5.   Undefined Terms. Any words not defined in this Chapter shall be interpreted as defined in the most recent edition of Merriam-Webster's Dictionary.

6.   Lists. Lists of examples prefaced with "including the following," "such as," or other similar phrases shall not be construed to be exclusive or preclude an interpretation of the list by the Zoning Administrator to include other similar, unspecified examples.

1.   Enforcement. This Ordinance shall be enforced by the Zoning Administrator with the assistance of the Village Attorney, the Police Department, or other Village employees to enjoin, abate, or stop any violation of this Unified Development Ordinance. The property owner charged with a violation of this Ordinance may be held responsible for any legal expenses incurred by the Village.

2.   Penalties and Fines. Any person, firm, or corporation who does not comply with any of the provisions of this Unified Development Ordinance, or who resists the enforcement thereof, shall be fined not less than $50 nor more than $150 for each violation. Each day that a violation exists or continues shall constitute a separate offense with a separate fee. Nothing in this Section shall limit, reduce, or otherwise influence the Village's rights or remedies at law or in equity.

If any chapter, section, provision, clause, or portion of this Unified Development Ordinance is adjudged by any court of competent jurisdiction to be invalid, that judgment shall not affect, impair, invalidate, or nullify the validity of the remainder of this Ordinance. The effect of the judgment shall be confined to the chapter, section, provision, clause, or portion of the Ordinance immediately involved in the judgment rendered.

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance, or any amendments hereto, to a particular building, structure, use, or parcel of land, such judgment shall not affect the application of said provision to any other building, structure, or parcel of land not specifically included in said judgment.

The effective date of this Ordinance is the date of its adoption, October 1, 2018.

(Am. Ord. 2019-30, passed 9-16-19)

1.   Purpose. The purpose of this Section is to establish the specific duties and responsibilities of the Village Board, Planning and Zoning Commission, and Zoning Administrator as they relate to this Ordinance.

2.   Village Board. The Village Board shall have the following specific duties and responsibilities pursuant to this Ordinance.

   a.   Make final decisions on applications for annexations, as set forth in § 156.03.A (Annexation Applications).

   b.   Make final decisions on applications for preliminary and final plats, as set forth in § 156.03.B (Subdivision Applications).

   c.   Make final decisions on applications for special use permits, as set forth in § 156.03.C.3 (Special Use Permit).

   d.   Make final decisions on applications for zoning variations, as set forth in § 156.03.C.5 (Variation).

   e.   Make final decisions on applications for zoning text and map amendments, as set forth in § 156.03.C.7 (Zoning Text or Map Amendment).

   f.   Make final decisions on applications for planned developments, as set forth in § 156.03.D (Planned Developments).

   g.   Make final decisions on the Village's Comprehensive Plan and proposed amendments to the adopted Comprehensive Plan.

   h.   Other responsibilities as designated by this Ordinance or by law.

3.   Planning and Zoning Commission. The Planning and Zoning Commission shall have the following specific duties and responsibilities pursuant to this Ordinance.

   a.   Make recommendations to the Village Board on applications for annexation (refer to § 156.03.A (Annexation Applications)).

   b.   Make recommendations to the Village Board on applications for preliminary plats (refer to § 156.03.B (Subdivision Applications)).

   c.   Make final decisions on applications for major site plan review (refer to § 156.03.C.2 (Site Plan Review)).

   d.   Make recommendations to the Village Board on applications for special use permits (refer to § 156.03.C.3 (Special Use Permit)).

   e.   Make recommendations to the Village Board on applications for zoning variations (refer to § 156.03.C.5 (Variation)).

   f.   Make recommendations to the Village Board on applications for zoning text and map amendments (refer to § 156.03.C.7 (Zoning Text or Map Amendment)).

   g.   Make final decisions on applications for zoning appeals (refer to § 156.03.C.8 (Zoning Appeal)).

   h.   Make recommendations to the Village Board on applications for planned developments (refer to § 156.03.D (Planned Developments)).

   i.   Prepare and recommend a Comprehensive Plan to the Village Board and propose amendments to the Plan from time to time.

   j.   Other responsibilities as designated by this Ordinance or by the Village Board.

4.   Zoning Administrator. The Director of Community Development shall be considered the Zoning Administrator and shall have the following duties and responsibilities pursuant to this Ordinance. For the purposes of this Ordinance, the term Zoning Administrator shall be inclusive of his or her designees.

   a.   Review and make final decisions on applications for minor site plan review (refer to § 156.03.C.2 (Site Plan Review)).

   b.   Review and make final decisions on applications for floodplain development permits (refer to § 156.03.C.4 (Floodplain Development Permit)).

   c.   Review and make final decisions on applications for administrative adjustments (refer to § 156.03.C.6 (Administrative Adjustment)). The Zoning Administrator at least once annually shall provide to the Planning and Zoning Commission a report outlining the administrative adjustments granted, if any, and the reasoning for granting each administrative adjustment.

   d.   Review and make final decisions on applications for zoning interpretations (refer to § 156.03.C.9 (Zoning Interpretation)).

   e.   Review and make final decisions on applications for temporary use permits (refer to § 156.03.C.10 (Temporary Use Permit)) and temporary sign permits (refer to § 156.10.E Temporary Signs).

   f.   Review and forward applications for preliminary and final plats (refer to § 156.03.B (Subdivision Applications)).

   g.   Review and make final decisions on applications for minor subdivisions (refer to § 156.03.B (Subdivision Applications)).

   h.   Review and forward applications for annexations (refer to § 156.03.A (Annexation Applications)), major site plan reviews (refer to § 156.03.C.2 (Site Plan Review)), special use permits (refer to § 156.03.C.3 (Special Use Permit)), variations (refer to § 156.03.C.5 (Variation)), zoning text and map amendments (refer to § 156.03.C.7 (Zoning Text or Map Amendment)), zoning appeals (refer to § 156.03.C.8 (Zoning Appeal)), planned developments (refer to § 156.03.D (Planned Developments)), and other administrative reviews required by this Ordinance to the Planning and Zoning Commission or Village Board, as specified.

   i.   Maintain and make available permanent and current records of this Ordinance and Zoning Map.

   j.   Maintain and make available permanent and current records as required by this Ordinance including, but not limited to, all relevant information and official action regarding zoning applications.

   k.   Other responsibilities as designated by this Ordinance, the Village Board, or the Planning and Zoning Commission.

1.   Purpose. The purpose of this Section is to establish the application, notice, and public hearing procedures for the zoning applications and approvals of this Ordinance.

2.   Application Procedure.

   a.   Authorization. Any property owner in the Village, or proposed for location in the Village in the case of annexation applications, or individual expressly identified by the owner in writing, is authorized to file an application for a minor site plan review, major site plan review, special use permit, variation, administrative adjustment, zoning appeal, or planned development. Any property owner in the Village, an individual expressly identified by any owner in writing, or the Village is authorized to file an application for a zoning text amendment, zoning map amendment, or zoning interpretation.

   b.   Pre-Application Consultation. Prior to filing a zoning application, the applicant may arrange a pre-application consultation with the Zoning Administrator to discuss the application. At the pre-application consultation, the Zoning Administrator shall provide the applicant with guidance on the application procedure and the evaluation of applications.

   c.   Filing. All applications shall be filed with the Zoning Administrator on forms provided by the Village. Applications shall be filed in such number as requested by the Village, with plans at a scale sufficient to allow a clear understanding of the proposal, and with all of the contents required by the application and this Article, as determined by the Zoning Administrator.

   d.   Fees. Every application shall be accompanied by the required filing fee as established and modified from time to time by the Village Board. Until the fee is paid, no steps shall be taken to process the application. Applications initiated by the Village shall be exempt from fees. Application fees are as follows: Annexation ($300); Major Site Plan Review ($150); Minor Site Plan Review ($100); Floodplain Development Permit ($100); Map Amendment ($100 single lot under 10,000 square feet, $200 single lot equal to or greater than 10,000 square feet or any multiple lot application); Special Use Permit ($100 single lot under 10,000 square feet, $200 single lot equal to or greater than 10,000 square feet or any multiple lot application); Variation ($100 single lot under 10,000 square feet, $200 single lot equal to or greater than 10,000 square feet or any multiple lot application); Variation After The Fact ($1,000); Planned Development ($100 single lot under 10,000 square feet, $200 single lot equal to or greater than 10,000 square feet or any multiple lot application); Vacations ($300); Administrative Adjustments ($100); Major Subdivision Preliminary Plat ($300); Major Subdivision Final Plat ($300); Minor Subdivision Preliminary Plat ($100); Minor Subdivision Final Plat ($100); Temporary Use Permit ($50).

   e.   Completeness. The Zoning Administrator shall determine whether the application is complete. Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall notify the applicant and the application shall be scheduled for consideration by the appropriate board, commission, or official. Upon the Zoning Administrator's determination that the application is deficient, according to applicable application requirements and Village policies, the Zoning Administrator shall notify the applicant and no steps shall be taken to process the application until the deficiencies are rectified.

   f.   Failure to Act. The Zoning Administrator or Planning and Zoning Commission's failure to issue a decision or make a recommendation on any application within the applicable period specified in this Ordinance shall be deemed approval of, or a recommendation for approval of, such application. The Village Board's failure to issue a decision on any application within the applicable period specified in this Ordinance shall be deemed denial of such application.

   g.   Withdrawal of Application. An applicant shall have the right to withdraw an application at any time prior to the decision on the application by a board, commission, or official. Application fees for withdrawn applications will not be refunded.

   h.   Successive Application. A successive application for an application that has been denied shall not be reviewed or heard within one year after the date of denial, except if substantial new information has become known since the denial. A successive application filed within one year of the date of denial shall include detailed information that justifies its consideration. The Zoning Administrator shall determine whether a successive application is appropriate for submittal.

   I.   Public Examination of Application. Any person may examine any zoning application and any of the application's supporting materials, subject to the Illinois Freedom of Information Act. Upon reasonable request, any person shall be entitled to copies of the application and related documents subject to a fee specified by the Village.

3.   Notice. The administrative body conducting a hearing or making a decision shall not hear or review a zoning application unless the applicant complies with the notice requirements of this Section. Table 156.02.B-1 Types of Required Notice indicates the types of notice required prior to public hearings or decisions on each of the zoning applications.

 

   a.   Published Notice.

      (1)   Applicability. Published notice of a public hearing shall be provided by the Village.

      (2)   Timeframe.

         (a)   Newspaper. Published notice shall be provided in a newspaper of general circulation within the Village no less than 15 days, but no more than 30 days, in advance of the scheduled hearing date.

         (b)   Internet. The Village shall provide additional published notice of the hearing on the Village's website no less than 48 hours in advance of the scheduled hearing date.

         (c)   Contents. The notice shall include the date, time, location, and purpose of the hearing, the name of the body holding the hearing, the name of the applicant, parcel index number (PIN), and the address of the subject property.

   b.   Mailed or Delivered Notice.

      (1)   Special Use Permits, Variations, Zoning Map Amendments, Preliminary Plats, and Planned Developments.

         (a)   Applicability. The requirements of this Section apply to special use permits, variations, zoning map amendments, and planned developments.

         (b)   Timeframe. The notice shall be provided no less than 15 days, but no more than 30 days, in advance of the scheduled hearing date.

         (c)   Notice to Neighboring Properties. Mailed or delivered notice shall be provided by the applicant to the owners of all properties located within 250 feet of the property line of the subject property. The area occupied by any public right-of-way shall not be included as part of this requirement. The applicant responsible for the mailed or delivered notice shall provide an affidavit to the Zoning Administrator stating that notice was provided to every property within 250 feet of the subject property as well as the names, addresses, and parcel index numbers of all notice recipients. The requirements of this Section shall not prevent the applicant from giving additional notice to properties located more than 250 feet from the property line of the subject property as the applicant may deem appropriate. This notice requirement does not apply to administrative adjustments, which are subject to the provisions of §156.02.B.3.b(2) (Administrative Adjustments).

         (d)   Contents. The notice shall include the date, time, location, and purpose of the hearing, the name of the body holding the hearing, the name of the applicant, and the address of the subject property.

      (2)   Administrative Adjustments.

         (a)   Applicability. The requirements of this Section apply to administrative adjustments.

         (b)   Timeframe. The notice shall be provided at least 15 days prior to the date that the Zoning Administrator indicates that a decision will be rendered on the application.

         (c)   Notice to Neighboring Properties. Mailed or delivered notice shall be provided by the applicant to the owners of all properties located adjacent to and across the street from the subject property. Mailed or delivered notice of Zoning Administrator review shall be provided by the applicant for applications for administrative adjustments. The applicant responsible for the mailed or delivered notice shall provide an affidavit to the Zoning Administrator stating that notice was provided to each property and shall provide the Village with the names and addresses, and parcel index numbers of all notice recipients.

4.   Public Hearings and Public Meetings.

   a.   Call for Public Hearings or Public Meetings. All public hearings and meetings shall be held at the call of the chairperson of the convening body and shall be open to the public.

   b.   Testimony. Any person who attends a public hearing or public meeting may appear and present testimony regarding an application. All testimony shall be given under oath or by affirmation.

   c.   Voting. The convening body shall keep minutes of its proceedings that show the vote of each member of the hearing body upon each application, or if absent, or failing to vote, indicating that fact.

   d.   Meetings and Records. The convening body shall keep records of its hearings, and evaluation standards shall be included in the minutes of each application specifying the reasons for the body's decision. Every determination of the convening body shall be part of the public record.

   e.   Rules of Procedure. The convening body's rules of procedure shall not conflict with this Ordinance or with state statutes.

(Am. Ord. 2019-30, passed 9-16-19; Am. Ord. 2021-22, passed 5-3-21)

1.   Purpose. The purpose of this application is to provide a procedure and criteria for annexation of unincorporated Kane County to the Village of South Elgin, and is specifically intended to establish standards to manage the fiscal impacts of annexation, preserve, protect, and enhance the character of residential neighborhoods, and strengthen South Elgin's economic resources.

2.   Initiation. An annexation may be initiated by the Village or requested by a property owner.

3.   Procedure.

   a.   Action by the Zoning Administrator.

      (1)   An application for annexation shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).

      (2)   Upon the Zoning Administrator's determination that the application is complete, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon each of the standards of § 156.03.A.4 (Standards for Annexations), and schedule the application for consideration by the Planning and Zoning Commission.

   b.   Action by the Planning and Zoning Commission.

      (1)   The Planning and Zoning Commission shall conduct a public hearing on the application in accordance with § 156.02.B.4 (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.

      (2)   The Planning and Zoning Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and each of the standards of § 156.03.A.4 (Standards for Annexations).

      (3)   The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application. In recommending approval, the Planning and Zoning Commission may:

         (a)   Recommend conditions upon the establishment, location, construction, maintenance, and operation of the annexation as deemed necessary to protect the public interest.

         (b)   Recommend guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

      (4)   The Planning and Zoning Commission shall forward its recommendation to the Village Board within 30 days after the close of the public hearing.

   c.   Action by the Village Board.

      (1)   The Village Board shall consider the application within 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant.

      (2)   The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence presented at the public hearing, and each of the standards of § 156.03.A.4 (Standards for Annexations).

      (3)   The Village Board shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Planning and Zoning Commission for further consideration.

      (4)   A two-thirds favorable vote of the Village Board is required to approve the application if the Planning and Zoning Commission recommends denial of the application.

   d.   Annexed Land Classification. Any property annexed to the Village shall be classified as F Farming and Rural Residential District upon annexation and is subject to the requirements of the F Farming and Rural Residential District until the property is rezoned or unless otherwise designated as part of an annexation agreement.

4.   Standards for Annexations. The Village Board, Planning and Zoning Commission, and Zoning Administrator shall evaluate applications for annexations with specific written findings based on each of the standards of this Section.

   a.   The proposed annexation is in compliance with state law.

   b.   The parcels proposed for annexation are contiguous to parcels located in the Village.

   c.   The annexation reflects all annexation or service extension policies of the Village.

   d.   The annexation will not adversely affect the planned pace of growth or redevelopment in other areas of the Village as indicated in the Comprehensive Plan.

   e.   The proposed annexation supports any planned capital improvement policy.

   f.   Proposed public infrastructure and utilities are provided to the satisfaction of the Village Engineer, including water facilities, wastewater facilities, drainage facilities, streets, and transportation facilities.

   g.   The proposed land use and related densities or intensities of development reflect the Village's Comprehensive Plan.

1.   Applicability. Approval of a subdivision application shall be required for the subdivision or resubdivision of a lot into two or more lots, the consolidation of two or more lots, or a change in the boundary of one or more lots. An applicant must comply with these regulations in order to divide, consolidate, or alter the boundaries of a lot within the Village or within its extraterritorial jurisdiction. The Village shall not grant any permits for the improvement or occupancy of any lot until the requirements of this Section have been met and the subdivision application has been approved, the final plat has been recorded with the Kane County Recorder of Deeds, and a copy of the recorded document deposited with the Village.

2.   Subdivision Development Standards. All subdivisions must comply with the development standards established in Section 156.04 (Subdivision Development Standards) and Section 156.06 (Zoning District Regulations).

3.   Plat Act Exceptions. Properties exempt from Village subdivision approval by the Plat Act (ILCS Ch. 765, Act 205, §§ 1 et seq.) are exempt from the subdivision procedures of this Article, subject to those properties complying with the applicable Plat Act procedures.

4.   Subdivision Classification. Subdivisions shall be classified as minor subdivisions or major subdivisions according to the following standards.

   a.   Minor Subdivision. A minor subdivision involves any of the following:

      (1)   The division of a single lot into three or fewer lots which front on an existing right-of-way that is not a state or county highway, is served by existing streets and utilities, does not involve the dedication of land for public rights-of-way, parks, or other public purposes, does not require any other public improvements, and does not require any exceptions or variances from this Ordinance.

      (2)   The consolidation of, or change in the boundary between, three or fewer adjoining lots.

   b.   Major Subdivision. A major subdivision involves any of the following:

      (1)   The division of a single lot into four or more lots.

      (2)   Any division or consolidation that involves the construction of new rights-of-way, access to a state or county highway, the extension of utilities or rights-of-way, or the dedication or vacation of land for public rights-of-way, parks, or other public purposes.

      (3)   The consolidation of, or change in the boundary between, four or more adjoining lots.

5.   Subdivision Procedure. This Ordinance classifies subdivision applications as either minor subdivisions approved by the Zoning Administrator, or major subdivisions approved by the Village Board. Applications for minor subdivisions and major subdivisions shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).

   a.   Minor Subdivision. Approval of a minor subdivision requires a pre-application consultation, preliminary plat approval, and final plat approval.

      (1)   Pre-Application Consultation. The purpose of the required pre-application consultation is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate Village staff prior to preparing the required preliminary plat.

         i.   The applicant shall provide a required sketch plan of the proposed subdivision showing the layout of lots and other features in relation to existing conditions.

         ii.   During the pre-application consultation, the Zoning Administrator will determine if the proposed subdivision is exempt from any items required in the preliminary plat submittal.

      (2)   Approval of Preliminary and Final Plats. The purpose of the required preliminary plat and final plat are to allow the applicant to obtain final minor subdivision application approval from the Zoning Administrator.

         (a)   Action by the Zoning Administrator.

            i.   Upon determining that the application is complete, the Zoning Administrator shall evaluate the application pursuant to the standards of Section 156.04 (Subdivision Development Standards) and Section 156.06 (Zoning District Regulations). The Zoning Administrator may consult with other staff during the evaluation process.

            ii.   The Zoning Administrator shall render a decision within 30 days after receipt of a complete application and take action in the form of approval, approval with conditions, or denial of the application.

               a.   If a preliminary plat is approved without conditions, the applicant may prepare a final plat and submit to Zoning Administrator for review and approval.

               b.   If a preliminary plat is approved with conditions, the applicant must revise the plat based on such conditions, and present the revised plat to the Zoning Administrator for approval. Following approval of the revised preliminary plat, the applicant may prepare a final plat and submit to Zoning Administrator for review and approval.

               c.   If the preliminary plat is denied, the applicant may appeal the decision to the Planning and Zoning Commission within 30 days after the date of the final decision in accordance with § 156.03.C.8 (Zoning Appeal).

            iii.   Following final plat approval by the Zoning Administrator, the Zoning Administrator may sign the approved final plat.

         (b)   Recording of Final Plat.

            i.   The Village will record the final plat with the Kane County Recorder of Deeds. One copy of the recorded final plat shall be deposited with the Village, and will become the property of the Village. All fees for copies of the final plat shall be the responsibility of the applicant.

            ii.   No building permit shall be issued for the subject property until the final plat has been recorded with the Kane County Recorder of Deeds and a copy of the recorded document deposited with the Village.

   b.   Major Subdivision. Approval of a major subdivision requires a pre-application consultation, preliminary plat approval, and final plat approval.

      (1)   Pre-Application Consultation. The purpose of the required pre-application consultation is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate Village staff prior to preparing the required preliminary plat.

         (a)   The applicant shall provide a required sketch plan of the proposed subdivision showing the layout of lots, stormwater detention areas, and other features in relation to existing conditions.

         (b)   During the pre-application consultation, the Zoning Administrator will determine if the proposed subdivision is exempt from any items required in the preliminary plat submittal.

      (2)   Preliminary Plat Approval. The purpose of the required preliminary plat is to allow the applicant to obtain final approval of the preliminary plat from the Planning and Zoning Commission and the Village Board. The application shall include a traffic study prepared by a professional engineer that indicates the traffic impact of the proposed development, except when exempted from this requirement by Zoning Administrator.

         (a)   Action by the Zoning Administrator.

            i.   Upon determining that the application is complete, the Zoning Administrator shall evaluate the application pursuant to the standards of Section 156.04 (Subdivision Development Standards) and Section 156.06 (Zoning District Regulations). The Zoning Administrator may consult with other Village staff during the evaluation process.

            ii.   The Zoning Administrator will prepare written comments on any deficiencies in the preliminary plat, and will forward these comments to the applicant to prepare a revised plat for submission. Upon receipt of the comments, it is the responsibility of the applicant to ensure that all deficiencies are addressed.

            iii.   The Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon the standards of this Ordinance and schedule the application for consideration by the Planning and Zoning Commission.

         (b)   Action by the Planning and Zoning Commission.

            i.   The Planning and Zoning Commission shall conduct a public hearing on a proposed preliminary plat at a meeting in accordance with §156.02.B.4 (Public Hearings and Public Meetings) within 90 days after receipt of a complete application. The 90-day period may be extended with the written consent of the applicant.

            ii.   The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application.

            iii.   The Planning and Zoning Commission shall forward its recommendation to the Village Board within 30 days after the close of the public hearing.

         (c)   Action by the Village Board.

            i.   The Village Board shall consider the application at a meeting within 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant.

            ii.   The Village Board shall take action in the form of approval, approval with conditions, or denial of the application.

               a.   If a preliminary plat is approved without conditions, the applicant may prepare a final plat and submit to the Zoning Administrator for review. Following Zoning Administrator determination that the submitted final plat is consistent with the approved preliminary plat, the application may proceed to Village Board for approval as a final plat.

               b.   If a preliminary plat is approved with conditions, the applicant must revise the plat based on such conditions and submit to the Zoning Administrator for review. Following Zoning Administrator determination that the submitted final plat is consistent with the approved preliminary plat and all conditions of its approval, the application may proceed to Village Board for approval as a final plat.

               c.   If a preliminary plat is denied, the Village Board shall state the reason for the denial.

      (3)   Final Plat Approval.

         (a)   Action by the Zoning Administrator.

            i.   The Zoning Administrator shall review the submitted final plat and determine whether the application is complete and that the submitted final plat is consistent with the approved preliminary plat.

            ii.   The Zoning Administrator will prepare written comments on any deficiencies in the final plat, and will forward these comments to the applicant to prepare a revised plat for submission. Upon receipt of the comments, it is the responsibility of the applicant to ensure that all deficiencies are addressed.

            iii.   Upon acceptance of a complete application consistent with the approved preliminary plat, the Zoning Administrator shall prepare a report for the Village Board based upon the standards of this Ordinance and schedule the application for consideration by the Village Board.

         (b)   Action by Village Board.

            i.   The Village Board shall consider the application at a meeting within 60 days after receiving the final plat report of the Zoning Administrator. The 60-day period may be extended with the written consent of the applicant.

            ii.   The Village Board shall take action in the form of approval, approval with conditions, or denial of the application.

         (c)   Recording of Final Plat. The final plat must be recorded within 90 days after Village Board approval of the final plat, unless the applicant requests an extension of time in writing and such extension is agreed to by the Zoning Administrator. The plat approval will expire if the final plat is not recorded in such timeframe, including any agreed upon extensions of time.

            i.   The Village will record the final plat with the Kane County Recorder of Deeds. One digital copy of the recorded final plat shall be deposited with the Village, and will become the property of the Village. All fees for copies of the final plat shall be the responsibility of the applicant.

            ii.   A building permit shall not be issued for the subject property until the final plat has been recorded with the Kane County Recorder of Deeds, a copy of the recorded document deposited with the Village, and construction security has been established per § 156.03.B.8 (Construction Security).

6.   Fees. Every application shall be accompanied by the required filing fee as established and modified by the Village Board from time to time. Until the fee is paid, no steps shall be taken to process the application. Applications initiated by the Village shall be exempt from fees.

7.   Illegal Recording. No subdivision within the Village is entitled to record a final plat until it has been approved in accordance with these regulations. In the event that an unapproved subdivision is recorded, it is invalid and the Village is authorized to prosecute such person and institute proceedings to have the conveyance of the illegal lot nullified and stricken from County records, in addition to all other remedies available to the Village at law or in equity.

8.   Construction Security.

   a.   Timeframe and Amount. After the Village Engineer has approved the final engineering documents, the property owner shall submit to the Village Engineer a construction security to guarantee completion of public improvements. The amount of such construction security shall be determined by the Zoning Administrator, in consultation with the Village Engineer, so that it is sufficient to cover the cost of all public improvements required within such subdivision, but shall not be less than 120% of the estimated final public improvement costs. The construction security shall be made as either a cash security deposit, letter of credit, bond with agreement for its disposition, or other form of surety, all in a format approved by the Zoning Administrator.

   b.   Procedure. The procedure for initiating a construction security shall include the following:

      (1)   Withdrawal of Funds. In the event that any public improvement is not properly constructed, completed, and transferred to the Village, the funds represented by the construction security or any portion thereof, may be withdrawn by the Village, upon the discretion of the Zoning Administrator, in consultation with the Village Engineer. The withdrawal of funds shall be honored by the surety and disbursed to the Village to be used for the cost of the maintenance and/or restoration of such public improvements or any portion thereof, or payment for the same, and any administrative costs in taking such action.

      (2)   The Village may withdraw funds from the construction security if the applicant maintains existing public improvements in a manner that will cause material deterioration of the public improvements, or in a manner that presents an imminent hazard to life or property within the subdivision or adjacent areas.

      (3)   Insufficient Funds. The applicant shall be responsible to fund any costs described in this section in the event that there are insufficient funds for the construction security. The applicant shall compensate the Village within 30 days of the notice of this deficiency.

      (4)   Village Discretion. The standards of this section shall not be interpreted to require the Village to complete, maintain, protect, or repair any public improvement which has not been transferred to and accepted by the Village. It is expressly provided that the Village has the right, but not the obligation, to perform such work at its sole discretion.

      (5)   Reduction of Security. Construction security submitted in accordance with this Section may be reduced or partially discharged prior to completion and acceptance of the public improvements by the Village Board, subject to the following:

         (a)   The applicant's engineer shall provide a sworn statement attesting to the cost of the work performed, including, without limitation, labor and materials, and estimating the cost of the remaining work to be performed, including, without limitation, labor and materials, to complete all public improvements.

         (b)   The applicant shall provide written lien waivers for all labor and materials provided when public funds are involved.

         (c)   No security reduction request shall exceed the cost of the work performed as stated in the applicant's engineer's sworn statement.

         (d)   No security reduction request shall be approved if doing so would cause the balance of the remaining security funds to be less than 120% of the estimated cost of work, including, without limitation, labor and materials, to complete all remaining public improvements.

         (e)   No security reduction request shall be approved unless the request is accompanied by the Village Engineer's certificate affirming the applicant's compliance with this Section and the Ordinance, and recommending approval of the security reduction; provided, however, such certificate shall not be construed as partial or complete acceptance of any public improvements by the Village.

   c.   Indemnification. The Village shall not be liable for any damages that may occur on any dedicated road within a new subdivision that has not been accepted as completed by the Village Board, and the applicant, its agents, and employees shall indemnify, hold harmless, and defend the Village from and against any and all claims that may be asserted.

9.   Acceptance of Streets and Public Improvements.

   a.   Consistency. Inspection and acceptance of subdivision developments shall comply with the procedures of the South Elgin Engineering Design & Inspection Policy Manual.

   b.   Engineering Inspections.

      (1)   Approval. All plans and specifications for required subdivision improvements shall be approved by the Village Engineer. All subdivision improvements shall be installed and accepted by the Village Board following approval of the final plat.

   c.   Acceptance of Subdivision Improvements.

      (1)   Village Board Approval. After the Village Engineer certifies that all required subdivision improvements have been constructed and installed in accordance with previously approved plans and specifications, such improvements shall be accepted by the Village Board.

      (2)   Permanent Connections. The applicant shall not make any permanent connections to any wastewater collection, water distribution, or street lighting systems until after the Village Engineer has certified that the required improvements have been properly constructed and the applicant has paid all applicable fees.

      (3)   Partial Development Completion Required. The Village Board shall not accept any streets or public improvements until certificates of occupancy have been issued for at least 80% of the platted lots in the development.

      (4)   Liability by the Village. The Village shall not be liable for any damages that may occur on any dedicated right-of-way within a new subdivision that has not been accepted by the Village Board. These provisions shall be included in any subdivision improvement agreement between the Village and the developer. The developer, its agents, and employees shall indemnify, hold harmless, and defend the Village against all claims that may be submitted.

   d.   Deposit Required. No improvements shall be accepted by the Village until the applicant provides a cash deposit, irrevocable letter of credit, or maintenance bond equal to 20% of the estimated cost of the improvements. This deposit shall guarantee satisfactory performance of the improvements constructed within the subdivision and the Village shall hold the deposit for 18 months after accepting such improvements.

   e.   Refund Requirements. After the end of this 18-month period, the deposit shall be refunded, or the letter of credit, or bond shall be released if no defects in materials or workmanship have developed. If any defects have developed, then the applicant shall be responsible for repairing all such defects.

   f.   Performance Guarantee Release. The deposit required by § 156.03.B.9.c (Deposit Required) shall be posted with the Village immediately upon completion and approval of the construction of said improvements, and the performance guarantee for the improvement shall thereupon be released.

   g.   Snow, Ice, and Debris Removal. The developer shall be responsible for keeping clear of snow, ice, and debris all dedicated streets within the subdivision which have been improved but not yet accepted by the Village. If the developer fails to clear snow, ice, or debris from any such street within six hours of any snowfall or debris-causing event, such failure shall be considered a violation of the provisions of this Section.

   h.   Improvement Conveyance. As a condition of acceptance of all required subdivision improvements, the developer shall convey all completed improvements to the Village by a bill of sale in a form approved by the Village Attorney.

   I.   Inspection at Developer's Expense. All public improvements proposed to be made under the provisions of this Ordinance shall be inspected during the course of construction by the Village Engineer or a duly designated deputy. All fees and costs connected with such inspection and in reviewing the plans and specifications for such improvements shall be paid by the subdivider, with funds deposited with the Village to complete such inspections.

1.   Purpose. The purpose of this Section is to establish the applicability, procedures, requirements, and approval standards for each of the Village's zoning applications.

2.   Site Plan Review.

   a.   Purpose. The purpose of this site plan review application is to ensure development and redevelopment that is harmonious with surrounding properties, and consistent with the intent of the elements of the Comprehensive Plan and this Ordinance.

   b.   Applicability. This Ordinance classifies site plan review applications as either major site plan review approved by the Planning and Zoning Commission, or minor site plan review approved by the Zoning Administrator. Development that does not require major site plan review or minor site plan review is exempt from the site plan review application. Ordinary maintenance and repair of structures may be performed in any zoning district in accordance with § 156.11.D (Nonconforming Structures) provided that such activities would not initiate a major or minor site plan review.

      (1)   Major Site Plan Review. Approval of a major site plan review application shall be required for the following:

         (a)   New construction of a principal structure or use in any zoning district with the exception of single-unit and two-unit dwellings.

         (b)   An addition to a building in any zoning district that increases the gross floor area of the building by 10%, with the exception of single-unit and two-unit dwellings.

         (c)   New construction, expansion, or reconstruction of an off-street parking lot that results in 20 or more total parking spaces.

      (2)   Minor Site Plan Review. Approval of a minor site plan review application shall be required for the following:

         (a)   A change in the use of a lot in any zoning district.

         (b)   New construction of a single-unit or two-unit dwelling in any zoning district.

         (c)   Addition to a principal structure in any zoning district.

         (d)   New construction of an accessory structure, accessory use, temporary structure, or temporary use in any zoning district.

         (e)   New construction, expansion, or reconstruction of an off-street parking lot containing fewer than 20 parking spaces.

         (f)   New construction of tandem parking facilities.

         (g)   New construction of shared parking facilities.

         (h)   New construction of a permanent, non-exempt sign in any zoning district.

   c.   Procedure.

      (1)   Major Site Plan Review.

         (a)   Action by the Zoning Administrator.

            i.   An application for major site plan review shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).

            ii.   Upon the Zoning Administrator's determination that the application is complete, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon each of the standards of § 156.03.C.2.d (Standards for Site Plan Review), and schedule the application for consideration by the Planning and Zoning Commission.

         (b)   Action by the Planning and Zoning Commission.

            I.   The Planning and Zoning Commission shall conduct a public meeting on the application in accordance with § 156.02.B.4 (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.

            ii.   The Planning and Zoning Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public meeting, and each of the standards of § 156.03.C.2.d (Standards for Site Plan Review).

            iii.   The Planning and Zoning Commission shall take action in the form of approval, approval with conditions, or denial of the application.

      (2)   Minor Site Plan Review.

         (b)   Upon the Zoning Administrator's determination that the application is complete, the Zoning Administrator shall evaluate the application based upon each of the standards of § 156.03.C.2.d (Standards for Site Plan Review).

         (c)   The Zoning Administrator shall prepare a report and render a decision within 21 days after receipt of a complete application and take action in the form of approval, approval with conditions, or denial of the application. The 21-day period may be extended with the written consent of the applicant.

         (d)   If the Zoning Administrator denies an application for minor site plan review, the applicant may appeal the Zoning Administrator's decision to the Planning and Zoning Commission in accordance with § 156.03.C.8 (Zoning Appeal).

   d.   Standards for Site Plan Review. The Planning and Zoning Commission and Zoning Administrator shall evaluate applications for site plan review with specific written findings based on each of the standards of this Section.

      (1)   The site plan for the proposed development is consistent with the existing character and zoning of adjacent properties and other property within the immediate vicinity of the proposed development.

      (2)   The site plan for the proposed development will not adversely impact adjacent properties and other property within the immediate vicinity of the proposed development.

      (3)   The site plan for the proposed development will be provided with adequate utilities, access roads, circulation systems, parking, drainage, exterior lighting, and/or other necessary facilities.

      (4)   The site plan for the proposed development is designed to preserve the environmental resources of the lot.

      (5)   The site plan for the proposed development contains high quality design that is consistent with the design standards of the zoning district and includes appropriate color, shape, density, and structure styles which contributes positively to the Village's aesthetic, economic, and environmental appearance and image.

      (6)   The site plan for the proposed development is consistent with the intent of the elements of the Comprehensive Plan, this Unified Development Ordinance, and the other land use policies of the Village.

   e.   Amendment to Approved Site Plan. An approved site plan may be amended in accordance with the requirements of this Section.

      (1)   Major Amendments. Any amendment to an approved site plan that is not established as a minor amendment in § 156.03.C.2.e.(2) (Minor Amendments) shall be considered a major amendment. The Planning and Zoning Commission shall make a decision on a request for a major amendment in accordance with § 156.03.C.2.d (Standards for Site Plan Review).

      (2)   Minor Amendments. Any change to an approved site plan that minimally affects the essential design, composition, and character of the site plan may be considered a minor amendment. The Zoning Administrator shall make a decision on a request for a minor amendment in accordance with § 156.03.C.2.d (Standards for Site Plan Review) or determine that any received application shall be resubmitted as a major amendment in accordance with § 156.03.C.2.e.(l) (Major Amendments). Minor amendments shall include the following:

         (a)   Any change in the gross floor area of a building by less than 10%.

         (b)   Any change in the height of a building by less than 10%.

         (c)   Any change in the proportion of the lot coverage of the development by less than five percentage points.

         (d)   Any change in the location or dimensions of walkways, driveways, streets, parking facilities, and loading facilities within the development by less than five feet.

         (e)   Any change in the number of off-street parking spaces provided within the development by less than 10%.

   f.   Expiration of Site Plan Approval. Site plan approval shall expire and be revoked if either of the following conditions occur.

      (1)   A building permit has not been obtained for the use within six months after approval of the site plan. The applicant may, by means of written request, apply for one six-month extension of this period, which may be approved by the Zoning Administrator.

      (2)   The standards of this Ordinance or any of the terms and conditions of the site plan approval are violated.

3.   Special Use Permit.

   a.   Purpose. The purpose of this special use application is to provide for uses, which may have a special, unique, or unusual impact upon the use of neighboring property.

   b.   No Presumption of Approval. A use established as a special use in Section 156.07 (Uses) does not constitute a presumption that an application for such special use will be approved. Each proposed special use shall be evaluated on an individual basis with regard to the applicable standards of this Ordinance to determine whether approval of the special use is appropriate at the particular location in the manner proposed.

   c.   Procedure.

      (1)   Action by the Zoning Administrator.

         (a)   An application for a special use permit shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).

         (b)   Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon the standards of § 156.03.C.3.d (Standards for Special Use Permits), and schedule the application for consideration by the Planning and Zoning Commission.

      (2)   Action by the Planning and Zoning Commission.

         (a)   The Planning and Zoning Commission shall conduct a public hearing on the application in accordance with § 156.02.B.4 (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.

         (b)   The Planning and Zoning Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and each of the standards of § 156.03.C.3.d (Standards for Special Use Permits).

         (c)   The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application. In recommending approval, the Planning and Zoning Commission may:

            i.   Recommend conditions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary to protect the public interest.

            ii.   Recommend guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

         (d)   The Planning and Zoning Commission shall forward its recommendation to the Village Board within 30 days after the close of the public hearing.

      (3)   Action by the Village Board.

         (a)   The Village Board shall consider the application within 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant.

         (b)   The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence presented at the public hearing, and each of the standards of § 156.03.C.3.d (Standards for Special Use Permits).

         (c)   The Village Board shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Planning and Zoning Commission for further consideration. In approving a special use permit, the Village Board may:

            i.   Require conditions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary to protect the public interest.

            ii.   Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

         (d)   A two-thirds favorable vote of the Village Trustees is required to approve the application if the Planning and Zoning Commission recommends denial of the application.

   d.   Standards for Special Use Permits. The Village Board, Planning and Zoning Commission, and Zoning Administrator shall evaluate applications for special use permits with specific written findings based on each of the standards of this Section.

      (1)   The proposed special use will not endanger the health, safety, comfort, convenience and general welfare of the public.

      (2)   The proposed special use is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed special use.

      (3)   The proposed special use will not impede the normal and orderly development and improvement of adjacent properties and other property within the immediate vicinity of the proposed special use.

      (4)   The proposed special use will be provided with adequate utilities, access roads, drainage, and/or other necessary facilities.

      (5)   The proposed special use is consistent with the intent of the elements of the Comprehensive Plan, this Unified Development Ordinance, and the other land use policies of the Village.

   e.   Transferability. Special use permit approval runs with the land and is not affected by changes of ownership, tenancy, or management except in unique situations specified by the conditions of the approved special use permit.

   f.   Expiration of Special Use Permit Approval. Special use permit approval shall expire and be revoked if any of the following conditions occur.

      (1)   The use has not commenced or a building permit has not been obtained for the use within 18 months after approval of the special use permit. The applicant may, by means of written request, apply for one extension of this period for up to one additional year, which may be approved by the Zoning Administrator.

      (2)   The licenses or permits required for the operation or maintenance of the use are not obtained or are subsequently terminated.

      (3)   The standards of this Ordinance or any of the terms and conditions of the special use permit are violated.

      (4)   The operation of the use for which a special use permit has been issued ceases for a period of six consecutive months.

4.   Floodplain Development Permit.

   a.   Purpose. The purpose of this floodplain development application is to ensure that all development within the Village's floodplain complies with the requirements of this Ordinance.

   b.   Applicability. No person, firm, corporation, or governmental body shall commence any development within the boundaries of the FO Floodplain Overlay District without first obtaining a floodplain development permit from the Zoning Administrator unless such development is exempted by state law.

   c.   Procedure.

      (1)   An application for a floodplain development permit shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure) and the following:

         a.   Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall evaluate the application based upon the requirements of § 156.06.L (FO Floodplain Overlay District Requirements).

         b.   The Zoning Administrator shall prepare a report and render a decision within 30 days after receipt of a complete application and take action in the form of approval or denial of the application.

5.   Variation.

   a.   Purpose. The purpose of this variation application is to grant relief from the regulations of this Ordinance to the extent that literal enforcement of such regulations creates particular hardships or practical difficulties in developing property due to the unique attributes of the property. The purpose of the variation process is not to provide relief from the use permissions of this Ordinance.

   b.   Applicability. Any application for relief from the regulations of this Ordinance that is not established as an administrative adjustment in § 156.03.C.6 (Administrative Adjustments) shall be considered a variation. The Village Board shall not allow variations to the provisions of this Ordinance concerning permitted or special uses.

   c.   Procedure.

      (1)   Action by the Zoning Administrator.

         (a)   An application for a variation shall be filed with the Zoning Administrator in accordance with § 156.02.A.2 (Application Procedure).

         (b)   Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon each of the standards of § 156.03.C.5.d (Standards for Variations), and schedule the application for consideration by the Planning and Zoning Commission.

      (2)   Action by the Planning and Zoning Commission.

         (a)   The Planning and Zoning Commission shall conduct a public hearing on the application in accordance with § 156.02.B.4 (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.

         (b)   The Planning and Zoning Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and each of the standards of § 156.03.C.5.d (Standards for Variations).

         (c)   The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application. In recommending approval, the Planning and Zoning Commission may:

            i.   Recommend conditions upon the establishment, location, construction, maintenance, and operation of the property that receives a variation as deemed necessary to protect the public interest.

            ii.   Recommend approval of a variation from the regulations of this Ordinance less than that requested by the applicant, if the Planning and Zoning Commission finds that the applicant is entitled to some relief, but not to the entire relief requested, based upon each of the standards of § 156.03.C.5.d (Standards for Variations).

            iii.   Recommend guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

         (d)   The Planning and Zoning Commission shall forward its recommendation to the Village Board within 30 days after the close of the public hearing.

      (3)   Action by the Village Board.

         (a)   The Village Board shall consider the application within 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant.

         (b)   The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence presented at the public hearing, and each of the standards of § 156.03.C.5.d (Standards for Variations).

         (c)   The Village Board shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Planning and Zoning Commission for further consideration. In approving a variation, the Village Board may:

            i.   Impose conditions upon the establishment, location, construction, maintenance, and operation of the property that receives a variation as deemed necessary to protect the public interest.

            ii.   Grant a variation from the regulations of this Ordinance less than that requested by the applicant, if the Village Board finds that the applicant is entitled to some relief, but not to the entire relief requested, based upon each of the standards of § 156.03.C.5.d (Standards for Variations).

            iii.   Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

         (d)   A two-thirds favorable vote of the Village Trustees is required to approve the application if the Planning and Zoning Commission recommends denial of the application.

   d.   Standards for Variations. The Village Board, Planning and Zoning Commission, and Zoning Administrator shall evaluate applications for variations with specific written findings based on each of the standards of this Section.

      (1)   The proposed variation will not endanger the health, safety, comfort, convenience, and general welfare of the public.

      (2)   The proposed variation is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed variation.

      (3)   The proposed variation alleviates an undue hardship created by the literal enforcement of this Ordinance.

      (4)   The proposed variation is necessary due to the unique physical attributes of the subject property, which were not deliberately created by the applicant.

      (5)   The proposed variation represents the minimum deviation from the regulations of this Ordinance necessary to accomplish the desired improvement of the subject property.

      (6)   The proposed variation is consistent with the intent of the elements of the Comprehensive Plan, this Ordinance, and the other land use policies of the Village.

   e.   Transferability. Variation approval runs with the land and is not affected by changes of ownership, tenancy, or management.

   f.   Expiration of Variation Approval. Variation approval shall expire and be revoked if any of the following conditions occur.

      (1)   A building permit has not been obtained for the use within one year after approval of the variation. The applicant may, by means of written request, apply for one extension of this period for up to one additional year, which may be approved by the Zoning Administrator.

      (2)   The standards of this Ordinance or any of the terms and conditions of the variation for the use are violated.

6.   Administrative Adjustment.

   a.   Purpose. The purpose of this administrative adjustment application is to grant relief from the regulations of this Ordinance within a narrowly defined set of circumstances to the extent that literal enforcement of such regulations creates particular hardships or practical difficulties in developing property due to the unique attributes of the property.

   b.   Applicability. Any application for relief from the regulations of this Ordinance that is established in this Section shall be considered an administrative adjustment, unless a public hearing is required for other elements of the application for the subject property, including, but not limited to, variations and special uses, then this Section does not apply.

      (1)   A reduction of the minimum required lot area by not more than 10%.

      (2)   A reduction of the minimum required lot width by not more than 10%.

      (3)   A reduction of the minimum required street frontage by not more than five percentage points.

      (4)   A reduction of the minimum required off-street parking by not more than 10%, or four spaces, whichever is higher.

      (5)   An increase in the maximum permitted lot coverage by not more than five percentage points.

      (6)   A reduction of the minimum loading requirements and/or approval for shared use of loading spaces for multiple users.

      (7)   An increase in the number of wall signs permitted per street frontage, provided that the total area does not exceed the allowance established in § 156.10.D.2.g (Wall Signs).

      (8)   Any change to the standards for temporary signs with permit requirements as established in § 156.10.E.3 (Temporary Signs with Permit Requirement).

   c.   Procedure.

      (1)   An application for an administrative adjustment shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).

      (2)   Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall evaluate the application based upon each of the standards of § 156.03.C.6.d (Standards for Administrative Adjustments).

      (3)   Due to the nature of an application for an administrative adjustment, the Zoning Administrator may determine that the application must be resubmitted as a variation in accordance with § 156.03.C.5 (Variations) even if it meets the criteria for an administrative adjustment in § 156.03.C.6.b (Applicability).

      (4)   A property owner that receives notice of an administrative adjustment application may object to the application by written submission to the Zoning Administrator, prior to the Zoning Administrator's decision on the application. Any administrative adjustment application for which an objection is received from a noticed property owner shall be resubmitted as a variation in accordance with § 156.03.C.5 (Variations).

      (5)   The Zoning Administrator shall prepare a report and render a decision within 30 days after receipt of a complete application and take action in the form of approval, approval with conditions, or denial of the application. In approving an administrative adjustment, the Zoning Administrator may:

         (a)   Require conditions upon the establishment, location, construction, maintenance, and operation of the property that receives an administrative adjustment as deemed necessary to protect the public interest.

         (b)   Grant an administrative adjustment less than that requested by the applicant if the Zoning Administrator finds that the applicant is entitled to some relief, but not to the entire relief requested, based on each of the standards of § 156.03.C.6.d (Standards for Administrative Adjustments).

      (6)   If the Zoning Administrator denies an application for an administrative adjustment, the applicant may resubmit the application as a variation in accordance with § 156.03.C.5 (Variations).

   d.   Standards for Administrative Adjustments. The Zoning Administrator shall evaluate applications for administrative adjustments with specific written findings based on each of the standards of this Section.

      (1)   The proposed administrative adjustment will not endanger the health, safety, comfort, convenience, and general welfare of the public.

      (2)   The proposed administrative adjustment is compatible with the character of adjacent properties and other property within the immediate vicinity of the proposed administrative adjustment.

      (3)   The proposed administrative adjustment alleviates an undue hardship created by the literal enforcement of this Ordinance.

      (4)   The proposed administrative adjustment is necessary due to the unique physical attributes of the subject property, which were not deliberately created by the applicant.

      (5)   The proposed administrative adjustment represents the minimum deviation from the regulations of this Ordinance necessary to accomplish the desired improvement of the subject adjustment.

      (6)   The proposed administrative adjustment is consistent with the intent of the elements of the Comprehensive Plan, this Ordinance, and the other land use policies of the Village.

   e.   Transferability. Administrative adjustment approval runs with the land and is not affected by changes of ownership, tenancy, or management.

   f.   Expiration of Administrative Adjustment Approval. Administrative adjustment approval shall expire and be revoked if any of the following conditions occur.

      (1)   A building permit has not been obtained for the use within one year after approval of the administrative adjustment. The applicant may, by written request, apply for one extension of this period for up to one additional year, which may be approved by the Zoning Administrator.

      (2)   The standards of this Ordinance or any of the terms and conditions of the administrative adjustment for the use are violated.

7.   Zoning Text or Map Amendment.

   a.   Purpose. The purpose of this zoning text or map amendment application is to allow modifications to the text of the Unified Development Ordinance and the boundaries of the Zoning Map in response to changing conditions and policies.

   b.   Procedure.

      (1)   Action by the Zoning Administrator.

         (a)   An application for a zoning text or map amendment shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).

         (b)   Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon a balance of the standards of § 156.03.C.7.c (Standards for Zoning Amendments) and schedule the application for consideration by the Planning and Zoning Commission.

      (2)   Action by the Planning and Zoning Commission.

         (a)   The Planning and Zoning Commission shall conduct a public hearing on a proposed zoning amendment in accordance with § 156.02.B.4 (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.

         (b)   The Planning and Zoning Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and the standards of § 156.03.C.7.c (Standards for Zoning Amendments),

         (c)   For zoning text amendments, the Planning and Zoning Commission shall recommend approval, approval with modifications to the proposed text, or denial of the application.

         (d)   For zoning map amendments, the Planning and Zoning Commission shall recommend approval or denial of the application.

         (e)   The Planning and Zoning Commission shall forward its recommendation to the Village Board within 30 days after the close of the public hearing.

      (3)   Action by the Village Board.

         (a)   The Village Board shall consider the application within 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant.

         (b)   The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence presented at the public hearing, and the standards of § 156.03.C.6.c (Standards for Zoning Amendments).

         (c)   For zoning text amendments, the Village Board shall take action in the form of approval, approval with modifications to the proposed text, denial, or referral of the application back to the Planning and Zoning Commission for further consideration.

         (d)   For zoning map amendments, the Village Board may take action in the form of approval, denial, or referral of the application back to the Planning and Zoning Commission for further consideration.

         (e)   A majority favorable vote of the Village Trustees is required to approve the application if the Planning and Zoning Commission recommends denial of the application.

         (f)   A two-thirds favorable vote of the Village Trustees is required if written protest is filed with the Village Clerk against the proposed zoning text or map amendment, signed by the owners of no less than 20% of the frontage along, immediately adjacent to, immediately across an alley from, or directly across the street from the subject property.

   r.   Standards for Zoning Amendments. The Village Board, Planning and Zoning Commission, and Zoning Administrator shall evaluate applications for zoning text or map amendments with specific written findings based on a balance of the standards for each type of amendment.

      (1)   Approval Standards for Text Amendments.

         (a)   The proposed amendment will not endanger the health, safety, comfort, convenience, and general welfare of the public.

         (b)   The proposed amendment corrects an error, adds clarification, or reflects a change in policy.

         (c)   The proposed amendment is consistent with the intent of the elements of the Comprehensive Plan, this Ordinance, and the other land use policies of the Village.

      (2)   Approval Standards for Map Amendments.

         (a)   The proposed amendment will not endanger the health, safety, comfort, convenience, and general welfare of the public.

         (b)   The proposed amendment is compatible with the existing uses, character, and zoning of adjacent properties and other property within the immediate vicinity of the proposed amendment.

         (c)   The proposed amendment provides a relative gain to the public, as compared to any hardship imposed upon an individual property owner.

         (d)   The proposed amendment addresses the community need for a specific use.

         (e)   The proposed amendment corrects an error, adds clarification, or reflects a change in policy.

         (f)   The proposed amendment is consistent with the intent of the elements of the Comprehensive Plan, this Ordinance, and the other land use policies of the Village.

8.   Zoning Appeal.

   a.   Purpose. The purpose of this zoning appeal application is to provide for the review of decisions made by the Zoning Administrator in the course of carrying out the duties and responsibilities associated with this Ordinance.

   b.   Initiation. A zoning appeal may be proposed by any person aggrieved or adversely affected by an order, decision, determination or failure to act of the Zoning Administrator acting pursuant to his authority and duties under this Ordinance. A zoning appeal must be proposed within 30 days after the date of the decision being appealed.

   c.   Procedure.

      (1)   Action by the Zoning Administrator.

         (a)   An application for a zoning appeal shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).

         (b)   Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission, and schedule the application for consideration by the Planning and Zoning Commission.

      (2)   Action by the Planning and Zoning Commission and Village Board.

         (a)   The Planning and Zoning Commission shall conduct a public hearing on a proposed zoning appeal in accordance with § 156.02.B.4 (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant.

         (b)   The Planning and Zoning Commission shall take action in the form of reversing, affirming, or modifying the decision made by the Zoning Administrator.

         (c)   A party aggrieved by a decision of the Planning and Zoning Commission on appeal may appeal this decision to the Village Board. An application for appeal to the Village Board shall be filed no later than 15 days following the Planning and Zoning Commission's decision. Within 30 days of receiving a completed application for appeal, the Village Board will consider the appeal at a public meeting. The Village Board's decision on appeal shall be a final decision.

9.   Zoning Interpretation.

   a.   Purpose. The purpose of this zoning interpretation application is to provide a process by which the standards of this Ordinance can be clarified and explained, in order to ensure consistent interpretation and application. Zoning interpretations are not intended to amend or modify the content of this Ordinance.

   b.   Limitation. All zoning interpretation requests shall be requested for the purpose of furthering an actual development or establishment or clarification of a use.

   c.   Procedure.

      (1)   An application for a zoning interpretation shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).

      (2)   Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall render an interpretation within 30 days after receipt of the complete application.

      (3)   The determination of the Zoning Administrator may be appealed to the Planning and Zoning Commission in accordance with § 156.03.C.8 (Zoning Appeal).

10.   Temporary Use Permit.

   a.   Purpose. The purpose of this temporary use permit application is to accommodate reasonable requests for temporary uses that are desirable for the community in the short term.

   b.   Applicability. An applicant must obtain a temporary use permit to establish a temporary use in accordance with § 156.07.E (Temporary Structures and Uses).

   c.   Procedure.

      (1)   An application for a temporary use permit shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure).

      (2)   Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall approve, approve with conditions, or deny the temporary use permit based on the standards of § 156.07.E (Temporary Structures and Uses), within 30 days after receipt of the complete application. Temporary uses not established in § 156.07.E (Temporary Structures and Uses) shall require approval by the Village Board through a zoning text or map amendment as established in § 156.03.C.7 (Zoning Text or Map Amendment).

   d.   Expiration of Temporary Use Permit Approval. The temporary use permit is valid for six months with one six-month renewal option at the Zoning Administrator's discretion.

1.   Purpose. Planned developments are a distinct category of special use permits intended to allow flexibility in the application of the standards of this Ordinance for significant development proposals that provide amenities to the community beyond those required of conventional development applications. The planned development process seeks to achieve the following specific purposes:

   a.   Encourage creativity, flexibility, sustainability, and environmental sensitivity in the development of land and the design of structures.

   b.   Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, utilities, circulation systems, parking, and other facilities.

   c.   Facilitate development that is consistent with Village land use policies, particularly in areas designated for potential redevelopment.

   d.   Encourage development that preserves and enhances the natural features, environmental resources, watercourses, and topography of the site.

   e.   Facilitate the provision of public and private open space, recreational facilities, and other amenities that will enhance the character of the site.

2.   Applicability.

   a.   Special Use Permit Standards. A planned development shall be granted in accordance with the procedures, standards, and requirements of this Section, Section 156.07 (Uses) and § 156.03.C.3 (Special Use Permit). The Ordinance granting or amending the planned development as a special use may depart or deviate from the standards, and requirements of this Ordinance.

   b.   Zoning District Exceptions. Planned developments are subject to the regulations of the zoning district in which they are located, unless exceptions from these regulations are approved by the Village Board and found to be in accordance with § 156.03.D.6 (Standards for Planned Developments).

   c.   Subdivision Plats and Building Permits. When applied for separately, approval of a planned development is required prior to approval of a subdivision plat in accordance with § 156.03.B (Subdivision Applications) or a building permit in accordance with Chapter 150 (Building Regulations). However, a planned development and a subdivision plat may be applied for and approved concurrently.

3.   Procedure. An application for a planned development shall follow a four-step procedure, which includes a pre-application consultation, an optional concept plan consultation, a preliminary plan, and a final plan. The applicant may submit concurrent applications for the preliminary plan and final plan, in which case the preliminary plan and the final plan shall be comprised of the same document in accordance with § 156.03.C.3.d (Final Plan).

   a.   Pre-Application Consultation. The purpose of the pre-application consultation is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate Village staff prior to preparation of the optional concept plan or preliminary plan.

      (1)   Action by the Zoning Administrator.

         (a)   Prior to filing a formal application for a planned development, the applicant shall arrange a pre-application consultation with the Zoning Administrator to discuss the proposed planned development.

         (b)   The Zoning Administrator and appropriate Village staff shall meet with the applicant to discuss the proposed planned development and the requirements for a planned development application.

         (c)   The Zoning Administrator shall provide advice and assistance to the applicant after determining the nature of the exceptions required from this Ordinance and whether the proposal is consistent with the intent of the elements of the Comprehensive Plan and the other land use policies of the Village.

         (d)   Any advice and assistance provided by the Zoning Administrator and Village staff shall not be binding upon the Village Board or Planning and Zoning Commission with respect to the formal planned development application.

   b.   Optional Concept Plan Consultation. The purpose of the optional concept plan consultation is to allow the applicant to obtain information and guidance from the Planning and Zoning Commission and Village Board prior to preparation of the preliminary plan.

      (1)   Action by the Planning and Zoning Commission.

         (a)   Prior to filing a formal application for a planned development, the applicant may arrange a concept plan consultation with the Planning and Zoning Commission to discuss the proposed planned development.

         (b)   The Planning and Zoning Commission shall meet with the applicant to discuss the proposed planned development and the requirements for a planned development application.

         (c)   The Planning and Zoning Commission shall provide information and guidance to the applicant after determining the nature of the exceptions required from this Ordinance and whether the proposal is consistent with the intent of the elements of the Comprehensive Plan and the other land use policies of the Village.

         (d)   Any views expressed by the Planning and Zoning Commission shall be deemed to be advisory and only the individual views of the member expressing them. The views expressed shall not prejudice any rights of the applicant or obligate the Planning and Zoning Commission to recommend approval or denial of any formal application.

      (2)   Action by the Village Board.

         (a)   Following a meeting with the Planning and Zoning Commission to discuss a proposed planned development, the applicant may also arrange a concept plan consultation with the Village Board to discuss the proposed planned development.

         (b)   The Village Board shall meet with the applicant to discuss the proposed planned development and the requirements for a planned development application.

         (c)   The Village Board shall provide information and guidance to the applicant after determining the nature of the exceptions required from this Ordinance and whether the proposal is consistent with the intent of the elements of the Comprehensive Plan and the other land use policies of the Village.

         (d)   Any views expressed by the Village Board during concept plan consultation shall be deemed to be preliminary and only the individual views of the member expressing them. The views expressed shall not prejudice any rights of the applicant or obligate the Village Board, or any member of it, to recommend approval or denial of any formal application.

   c.   Preliminary Plan. The purpose of the preliminary plan is to allow the applicant to obtain a preliminary recommendation from the Planning and Zoning Commission and preliminary approval from the Village Board prior to preparation of the final plan.

      (1)   Action by the Zoning Administrator.

         (a)   Applications for a preliminary plan for a planned development and a special use permit shall be filed concurrently with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure) and the requirements for a planned development application. Applications shall not be filed prior to completion of the pre-application consultation.

         (b)   Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall prepare a report for the Planning and Zoning Commission based upon the standards of § 156.03.D.6 (Standards for Planned Developments) and § 156.03.C.3.d (Standards for Special Use Permits), and schedule the application for consideration by the Planning and Zoning Commission.

      (2)   Action by the Planning and Zoning Commission.

         (a)   The Planning and Zoning Commission shall conduct a public hearing on a proposed preliminary plan for a planned development and a special use permit in accordance with § 156.03.D.2 (Public Hearing) within 60 days after receipt of a complete application. The 60-day period may be extended with the written consent of the applicant. Notice for the public hearing shall be in accordance with § 156.03.C.2 (Notice).

         (b)   The Planning and Zoning Commission shall evaluate the application based upon the Zoning Administrator's report, the evidence presented at the public hearing, and the standards of § 156.03.D.6 (Standards for Planned Developments) and § 156.03.C.3.d (Standards for Special Use Permits).

         (c)   The Planning and Zoning Commission shall recommend approval, approval with conditions, or denial of the application.

            i.   In recommending approval of a preliminary plan for a planned development and a special use permit, the Planning and Zoning Commission may recommend conditions upon the establishment, location, construction, maintenance, and operation of the planned development and the special use as deemed necessary to protect the public interest.

            ii.   In recommending approval of a preliminary plan for a planned development and a special use permit, the Planning and Zoning Commission may recommend guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions of approval.

         (d)   The Planning and Zoning Commission shall forward its recommendation to the Village Board within 30 days after the close of the public hearing.

      (3)   Action by the Village Board.

         (a)   The Village Board shall consider the application within 60 days after receiving the recommendation of the Planning and Zoning Commission. The 60-day period may be extended with the written consent of the applicant.

         (b)   The Village Board shall evaluate the application based upon the Zoning Administrator's report, the recommendation of the Planning and Zoning Commission, the evidence presented at the public hearing, and the standards of § 156.03.D.6 (Standards for Planned Developments) and § 156.03.C.3.d (Standards for Special Use Permits).

         (c)   The Village Board shall take action in the form of approval, approval with conditions, denial, or referral of the application back to the Planning and Zoning Commission for further consideration. In approving a preliminary plan for a planned development and a special use permit, the Village Board may:

            i.   Identify conditions upon the establishment, location, construction, maintenance, and operation of the planned development and the special use as deemed necessary to protect the public interest, to be imposed at such time as final plan approval of the planned development is granted.

            ii.   Require guarantees from the permittee as deemed necessary to assure compliance with the stipulated conditions.

         (d)   Following approval of a preliminary plan for a planned development and a special use permit, the applicant shall be entitled to submit a final plan for the planned development.

   d.   Final Plan. The purpose of the final plan is to allow the applicant to obtain final approval of the planned development from the Village Board.

      (1)   Action by the Zoning Administrator.

         (a)   Applications for a final plan for a planned development shall be filed with the Zoning Administrator in accordance with § 156.02.B.2 (Application Procedure) and the requirements for a planned development application. Applications shall be filed within one year after approval of the preliminary plan.

         (b)   Upon the Zoning Administrator's determination that the application is complete, according to applicable requirements and Village policies, the Zoning Administrator shall determine whether the final plan is in conformance with the approved preliminary plan and any conditions and guarantees deemed necessary by the Village Board.

         (c)   If the final plan is in substantial conformance with the approved preliminary plan, the Zoning Administrator shall prepare a report for the Village Board recommending approval of the final plan and schedule the application for consideration by the Village Board.

         (d)   If the final plan is not in substantial conformance with the approved preliminary plan, the Zoning Administrator shall allow the applicant to revise any parts of the application that are not in substantial conformance with the preliminary plan prior to preparing the report, and shall allow the applicant to resubmit the application as a final plan in accordance with the requirements of this Section.

      (2)   Action by the Village Board.

         (a)   The Village Board shall consider the application within 30 days after receiving the report of the Zoning Administrator recommending approval of the final plan. The 30-day period may be extended with the written consent of the applicant.

         (b)   The Village Board shall take action in the form of approval, approval with conditions, or denial of the application.

         (c)   Upon approval of the final plan by the Village Board, the use of land and the construction or modification of any buildings or structures on the site will be governed by the approved final plan rather than by other provisions of this Ordinance.

4.   Amendment to Approved Planned Development. A final plan for an approved planned development may be amended in accordance with the requirements of this Section.

   a.   Major Amendments. Any change to an approved final plan that substantially affects the essential design, composition, and character of the planned development shall be considered a major amendment. Any amendment that is not established as a minor amendment in § 156.03.D.5.b (Minor Amendments) shall also be considered a major amendment. The Village Board shall make a decision on a request for a major amendment after receiving a recommendation from the Planning and Zoning Commission in accordance with § 156.03.D.3.c (Preliminary Plan).

   b.   Minor Amendments. Any change to an approved final plan that minimally affects the essential design, composition, and character of the planned development shall be considered a minor amendment. The Zoning Administrator shall make a decision on a request for a minor amendment in accordance with § 156.03.D.3.c (Preliminary Plan). The Zoning Administrator may determine that the application shall be resubmitted as a major amendment in accordance with § 156.03.D.4.a (Major Amendments). Minor amendments shall include the following:

      (1)   Any change in the proportion of land uses in the development by less than ten percentage points.

      (2)   Any change in the number of off-street parking spaces provided within the development by less than 10%.

      (3)   Any change in the gross floor area of the development by less than 5%.

      (4)   Any change in the building height of the development by less than 5%.

      (5)   Any change in the proportion of the lot coverage of the development by less than five percentage points.

      (6)   Any change in the location or dimensions of walkways, driveways, streets, parking facilities, and loading facilities within the development by less than five feet.

5.   Standards for Planned Developments. The Village Board, Planning and Zoning Commission, and Zoning Administrator shall evaluate applications for planned developments with specific written findings based on a balance of both the standards of this Section and the standards for special use permits in accordance with § 156.03.C.3.d (Standards for Special Use Permits).

   a.   The proposed planned development fulfills the objectives of the Comprehensive Plan, and other land use policies of the Village, through an innovative and creative approach to the development of land.

   b.   The proposed planned development will provide walkways, driveways, streets, parking facilities, loading facilities, exterior lighting, and traffic control devices that adequately serve the uses within the development, promote improved access to public transportation, and provide for safe motor vehicle, bicycle, and pedestrian traffic to and from the site.

   c.   The proposed planned development will provide landscaping and screening that enhances the Village's character and livability, improves air and water quality, reduces noise, provides buffers, and facilitates transitions between different types of uses.

   d.   The proposed planned development will provide site design and development that is based on sustainable principles to ensure that low impact alternatives are integrated into the proposed project.

   e.   The proposed planned development will protect the community's natural environment to the greatest extent practical, including existing natural features, water courses, trees, and native vegetation.

   f.   The proposed planned development will be provided with underground installation of utilities when feasible, including electricity, cable, and telephone, as well as appropriate facilities for storm sewers, stormwater retention, and stormwater detention.

6.   Provision of Community Amenities. Planned developments may be granted exceptions from zoning district regulations if the applicant demonstrates that the development will provide amenities to the Village that are not required from conventional development applications. The amenities to be considered by the Village Board, Planning and Zoning Commission, and Zoning Administrator shall be appropriate for the scale of the planned development and may include, but are not limited to, the following:

   a.   Establishment of community amenities, such as plazas, gardens, public art features, outdoor seating areas, pedestrian facilities, and transit facilities.

   b.   Establishment of open space amenities, such as playing fields, playgrounds, swimming pools, and fitness facilities.

   c.   Enhancement of the community's natural environment, including existing natural features, water courses, trees, and native vegetation.

   d.   Preservation and enhancement of the community's cultural resources and historic places.

   e.   Provision of public infrastructure improvements that exceed the requirements of the planned development, such as enhancements to rights-of-way, stormwater management systems, and sewer systems.

   f.   Incorporation of sustainable development techniques, such as meeting the requirements of LEED or LEED-equivalent rating systems.

   g.   Provision of residential dwelling units for affordable housing or senior housing.

   h.   Provision of residential dwelling units with accessible features that exceed the requirements of the Americans with Disabilities Act.

7.   Expiration of Approved Planned Developments.

   a.   Preliminary Plan Expiration. Preliminary plan approval shall expire and be revoked if a complete application for the final plan has not been filed within one year after approval of the preliminary plan by the Village Board. The applicant may extend this one-year period by means of a written request filed with the Zoning Administrator at least 30 days prior to the expiration of the period, which shall be approved by the Village Board.

   b.   Final Plan Expiration. Final plan approval shall expire and be revoked if a building permit has not been filed within one year after approval of the final plan by the Village Board. The applicant may extend this one-year period by means of a written request filed with the Zoning Administrator at least 30 days prior to the expiration of the period, which shall be approved by the Village Board.

1.   Purpose. The purpose of this Section is to regulate the subdivision and development of land and to establish an adequate street system; water supply, sewage disposal, and other utilities; surface drainage; and stormwater management in order to promote public health, safety, and welfare and meet the goals of the elements of the Village's Comprehensive Plan and this Ordinance.

2.   Applicability. The provisions of this Section apply to all parcels of land being subdivided within the corporate limits of the Village, and all subdivisions under the Village's jurisdiction that are located within the contiguous unincorporated area within one and a half miles of the Village boundary, by the process established in § 156.03.B (Subdivision Applications).

3.   Subdivision Applications. Applications for the subdivision of land are established in accordance with § 156.03.B (Subdivision Applications).

4.   Final Plat Requirements. Plats submitted for final plat approval shall include, but not be limited to, the following information: certificates (owner including school district acknowledgment, surveyor with FIRM map and acknowledgment for authorized person to record plat, surface water drainage, County Clerk, Village Engineer, Zoning Administrator, Board of Trustees with Village President and Clerk, PZC Chairman, and as needed IDOT, KDOT); street names; legal descriptions; monuments and benchmarks; public land dedications with legal document numbers; dimensions; easements; CCR reference; lot numbers, including outlot areas labeled alphabetically.

5.   Plan Documents for Infrastructure Improvements.

   a.   Plan Approval. Plans, profiles, and specifications for all improvements required by this Section shall be in accordance with the standards and specifications set forth in this Section and in the South Elgin Engineering & Inspection Policy Manual. No improvements shall be made, installed, or constructed until all such plans, profiles, and specifications have been submitted to and approved by the Village Engineer, and such county, state, and other public officials as may be concerned or have jurisdiction therein.

   b.   Drawings and Electronic Files. Upon completion of improvements in a subdivision, one set of drawings and one set of electronic files showing as-built plans shall be filed with the Village Engineer in a format suitable for reproduction that shows all improvements as installed in the field.

   c.   Agreements for Infrastructure Improvements. All agreements for infrastructure improvements required by this Section shall be negotiated prior to the recommendation of approval of any final plat of subdivision by the Village Engineer. All agreements shall be executed prior to the recording of a final plat.

6.   Special Flood Hazard Area Review Standards and Requirements.

   a.   Known Flood Hazards. The Zoning Administrator, in consultation with the Village Engineer, will take known flood hazards into account in all official actions related to subdivisions and shall obtain the most recent Special Flood Hazard Area maps and data for any areas being considered for subdivision.

   b.   Drainage of Surface Waters. Plats for new subdivisions must include a signed statement by a professional engineer that the plat accounts for changes in the drainage of surface waters in accordance with the Plat Act (ILCS Ch. 765, Act 205). Plats for new subdivisions must display the following data:

      (1)   The boundary of the Special Flood Hazard Area.

      (2)   The boundary of the floodway shown on the Special Flood Hazard Area maps.

      (3)   Easements dedicated to the Village for channel maintenance purposes.

      (4)   The base flood elevation for each building site.

   c.   Plans for Development Activities. Plans for the development activities to be undertaken in the Special Flood Hazard Area must be reviewed by the Zoning Administrator to ensure that they comply with this Section.

1.   Applicability. The following requirements for the design and layout of blocks, streets, and lots and assignment of zoning districts apply to all subdivisions.

2.   Blocks. The following standards apply to block design and layout. Refer to Figure 156.04.B-A. Maximum Block Length and Size.

   a.   Block Configuration. The shape of a block shall generally be rectangular when feasible, but may vary based on topography, natural features, or site constraints. Blocks should be two lots deep whenever feasible.

   b.   Block Length and Size. Maximum block length shall be 1,200 feet and maximum block perimeter shall be 3,000 feet.

      (1)   It is preferred that blocks have a maximum length of 800 feet to facilitate walkability.

      (2)   Mid-block pedestrian access shall be provided along a cut-through public easement between lots at the approximate center of the block for all blocks longer than 800 feet. This access shall meet the standards for pedestrian crossings connection in § 156.04.C.2(3)(a) (Pedestrian Connection from Cul-de-Sac). Refer to Figure 156.04.B-B. Required Mid-Block Pedestrian Cut-Through.

3.   Streets. Refer to § 156.04.C (Street Standards) for street design standards.

4.   Lots. The following standards apply to the dimensions, configuration, and orientation of lots.

   a.   Lot Dimensions. All lots of record shall be developed to meet the applicable zoning district requirements established in Section 156.06 (Zoning District Regulations).

   b.   Lot Configuration. All lots shall have frontage along a publicly dedicated and maintained street.

      (1)   Lot Shape. Interior side lot lines shall be perpendicular to the right-of-way to the extent practical.

      (2)   Through Lots. The creation of new through lots is prohibited unless subdivision of an existing through lot results in new through lots.

      (3)   Flag Lots. Flag lots are prohibited.

   c.   Lot Orientation. Lot orientation along an east-west longitudinal axis is recommended when feasible for increased energy efficiency.

   d.   Subdivisions Abutting Water. Newly platted lots shall not include any portion of a navigable stream or lake. Such streams and lakes shall remain public domain and be indicated as separate outlots on plats, labeled alphabetically.

5.   Bicycle and Pedestrian Connectivity. The following standards apply to the design and layout of pedestrian and bicyclist connectivity within subdivisions and connections to adjacent sidewalks, paths and trail systems.

   a.   Connections to Adjacent Systems. Developments shall connect to all adjacent planned or existing pedestrian, bicycle, and multi-use paths and trail systems. Paths and trails must be dedicated or platted in easements to ensure public access.

   b.   Minimum Connections. Developments shall provide a local street connection or bicycle/pedestrian path connection spaced at intervals not exceeding 660 feet along each development boundary that abuts adjacent developable land.

   c.   Major Thoroughfare Connections. Along each development boundary that abuts an existing or planned Major Thoroughfare street, a full-movement intersection, potentially signalized, of a Secondary Thoroughfare, Neighborhood Street, or Low Volume Neighborhood Street at a minimum interval of 1,320 feet shall be provided. Between these intersections, every new development plan will provide an additional intersection (potentially limited movement) of a Secondary Thoroughfare, Neighborhood Street, Low Volume Neighborhood Street, or pedestrian/ bike path at a minimum interval of 660 feet.

   d.   Internal Circulation. An internal circulation system shall provide pedestrian and bicycle paths to serve all residential, nonresidential, and recreational facilities in or adjacent to the development.

   e.   Additional Connections. The Planning and Zoning Commission may recommend, and the Village Board may require, additional connections, pedestrian and bicycle overpasses, underpasses, or traffic signalization in the vicinity of schools, playgrounds, parks, shopping areas, or other uses that will receive considerable pedestrian or recreational trail use from the development.

1.   General Provisions.

   a.   Intent. The standards established in this Section are intended to:

      (1)   Create complete streets that facilitate all modes of travel, including pedestrian traffic, bicycle traffic, transit, and vehicular traffic.

      (2)   Continue to provide a logical and comprehensible system of streets and street names that result in a simple and consistent pattern of blocks, lots, and addresses.

      (3)   Create streets that are appropriate for their contexts and are designed to encourage travel at appropriate volumes and speeds.

      (4)   Encourage streets that respect natural features by following topography and drainage systems.

      (5)   Create streets and public rights-of-way that help to reduce stormwater runoff and improve the quality of runoff.

   b.   Applicability. All provisions of this Section shall be installed, constructed, or otherwise made effective for every subdivision and planned development that includes streets established within the Village.

   c.   General Requirements. All proposed streets, parkways, and sidewalks shall be located in dedicated rights-of-way as required by this Section.

      (1)   Street Types. All new streets shall meet the design standards required by this Section. Street types shall be approved by the Village Board pursuant to the recommendation of the Planning and Zoning Commission based on the objectives of the Village's Comprehensive Plan elements and the other land use policies of the Village. Street type approval and subdivision approval shall occur simultaneously in accordance with § 156.03.B (Subdivision Applications).

      (2)   Public Use. All streets shall be available for public use at all times. Gated streets and private streets are not permitted.

      (3)   Right-of-Way Features. Where the design requirements of this Section stipulate the provision of turning lanes, turning radii, center medians, traffic control devices, or other features which cannot be accommodated within the existing right-of-way, the developer shall dedicate additional rights-of-way as necessary to accommodate the required features.

      (4)   Street Names. New street names shall not duplicate any existing street name in the Village except where a new street is a continuation of an existing street, nor be substantially similar in sound or text.

      (5)   Street Trees. Street trees shall be installed throughout the subdivision in accordance with the following specifications.

         (a)   Frequency. Shade trees shall be installed at a minimum rate of one large shade tree per 30 linear feet, with planted trees selected for appropriate size at maturity for the subject parkway width, as determined by the Zoning Administrator in consultation with the Village Engineer. Trees shall be placed on center, or at a rate that matches the existing tree spacing pattern on adjacent parkways, whichever results in a greater density of tree plantings. Spacing may be adjusted to ensure adequate room for streetlights, signs, and utilities, with prior written Zoning Administrator approval.

         (b)   Species Diversity. Broad species diversity within individual streets will result in reduced catastrophic loss due to a disease or pest. Refer to Section 156.09: Landscape and the South Elgin Tree Species List.

         (c)   Tree Species Not Permitted. The only tree species that shall be permitted for planting as street trees are those listed as preferred on the South Elgin Tree Species List.

         (d)   Trunk Diameter. The trunk diameter of street trees at the time of installation shall be a minimum of three inches, measured at a height of six feet above finished ground level.

         (e)   Drought and Salt Tolerance. All street trees proposed to be planted shall be drought- and salt-tolerant. Refer to the South Elgin Tree Species List for preferred plant species.

         (f)   Structural Soil. A minimum volume of 1,000 cubic feet of structural soil is required per street tree, to accommodate subsurface root expansion.

2.   Street Design Standards for All Street Types.

   a.   General Street Layout Requirements. The following standards apply to new or newly-platted streets.

      (1)   Curved Streets.

         (a)   Alleys. New construction of alleys is prohibited in all zoning districts.

         (b)   Horizontal Alignment. When street lines deflect from each other by more than ten degrees in horizontal alignment, the centerline shall be connected by a curve with a minimum radius meeting American Association of State Highway and Transportation Officials (AASHTO) standards.

         (c)   Vertical Alignment. The vertical alignment shall be selected with minimum sight distances designed to AASHTO standards.

      (2)   Interconnected Streets. The network of streets shall form an interconnected grid pattern, with multiple intersections when appropriate, and provide for the continuation of existing streets from adjoining areas into new subdivisions.

      (3)   Disconnected Streets. Disconnected streets may take the following forms.

         (a)   Cul-de-Sac Streets. Cul-de-sac streets are prohibited in new subdivisions unless approved by the Zoning Administrator, in consultation with the Village Engineer due to site constraints such as topography, natural features, or man-made barriers such as a railroad or raised highway. When cul-de-sacs are allowed, the following standards apply.

            i.   When the center point of a cul-de-sac is within 350 feet of another street or cul-de-sac right-of-way, pedestrian and bicyclist access shall be provided along a public easement between the lots. Refer to Figure 156.04.C-A. (Pedestrian Connection from Cul-de Sac).

               a.   The public easement shall be a minimum of 15 feet wide.

               b.   The public easement shall include a multi-use path constructed of a permanent surface approved by the Zoning Administrator, in consultation with the Village Engineer, with a minimum width of ten feet, and lighting approved by the Zoning Administrator.

               c.   Maintenance of the easement area shall be the responsibility of adjacent property owners or another group specifically designated in the final plat.

         (b)   Stub Streets. Where adjoining areas are not subdivided, stub streets in new subdivisions shall be extended to the boundary line of the tract to provide for future street connections.

            i.   Where abutting property is not subdivided, stub streets shall be provided at intervals no greater than 400 feet.

            ii.   Existing stub streets adjacent to a proposed subdivision shall be connected.

         (c)   Half Streets. The construction of a half street is prohibited unless otherwise approved by the Village Board in unique circumstances where a half street is essential and where satisfactory assurance for donation of the remaining half of the street is provided when adjacent property is subdivided.

            i.   Proposed half streets along the periphery of a subdivision shall have no less than one-half of the right-of-way dedicated and constructed to meet the applicable design standards for an entire street.

            ii.   Wherever an existing or dedicated half street is adjacent to a proposed subdivision, the other half of the street shall be platted within the proposed subdivision and the remaining right-of-way improvements constructed.

   b.   Intersection Design.

      (1)   Applicability. The following standards apply to all new and reconstructed intersections.

      (2)   Alignment of Intersections. New streets shall be aligned with existing streets whenever feasible.

         (a)   Number of Streets. No more than two streets shall intersect at any point.

         (b)   Angle of Intersection. Streets shall be aligned to intersect at right angles whenever possible. The angle of intersection of center lines shall not be less than 80 degrees or more than 100 degrees.

         (c)   Centerline Offsets. Refer to Figure 156.04.C-B. Minimum Street Centerline Offset.

            i.   Centerline offsets of less than 200 feet shall be prohibited. Centerline offsets shall also be sufficient for any turn lane storage bays and tapers that are required.

            ii.   Driveways serving commercial, industrial, institutional, or multi-unit dwelling land uses shall not be permitted within the 200-foot offset unless they are restricted to right-in/right-out ingress and egress.

         (d)   Clear Sight Triangles. Minimum clear sight distance at all intersections shall be in accordance with § 156.05.D.3 (Visibility Obstruction) and other applicable guidelines, whichever is greater.

         (e)   Vertical Alignment. An extension of the through street cross slope shall be provided.

            i.   This cross slope shall be carried back beyond the crosswalk of the intersecting street each way from the intersection of the two centerlines.

            ii.   An allowance of 2% maximum intersection grade shall be permitted.

   c.   Curb Radii. The following curb radii shall be utilized unless otherwise authorized by the Zoning Administrator, in consultation with the Village Engineer.

      (1)   Design Vehicle Used. Intersections shall be designed using the minimum design vehicle that accommodates the street users. The design vehicle used shall consider and balance the needs of the various users of the street, including pedestrians, bicyclists, and vehicles, and the volume and frequency of these users.

         (a)   Corner Radii. Intersections shall be designed for the effective turning radius of the chosen design vehicle, as opposed to the actual curb radius, as illustrated in Figure 156.04.C-C. Effective Right Turn Radius, in accordance with § 156.04.C.3 (Street Type Design Standards).

   d.   Crosswalks. Crosswalks shall be required at all intersections.

      (3)   Crossing Distances. To encourage pedestrian activity and safety, pavement width at crosswalks shall not extend over 38 feet without intervening installation of a median pedestrian refuge, curb extensions, or other acceptable pedestrian refuge area, that reduce the pedestrian crossing distance to less than 38 feet. Refer to Figure 156.04.C-D. Pedestrian Crossing Distances.

      (4)   Required Median Pedestrian Refuge. Regardless of pavement width, at any intersection requiring a pedestrian to cross more than three lanes of vehicle travel, a median pedestrian refuge shall be installed to provide adequate pedestrian safety. The refuge cut-through or ramp width shall equal the width of the crosswalk. Refer to Figure 156.04.C-E. Median Pedestrian Refuge Design.

   e.   Curb Extensions. Curb extensions shall be installed at the intersections of all street types that contain an on-street parking lane adjacent to the curb, to support pedestrian activity at corners and shorten crossing distances. Curb extensions may contain landscaped bioretention cells to facilitate stormwater infiltration and meet the requirements of § 156.04.C.3.c (Stormwater Management Facilities).

      (1)   Accessible Ramps and Warning Panels. Accessible ramps and warning panels are required where all sidewalks or trails terminate at a crosswalk or curb, per the Americans with Disabilities Act or any more stringent state requirement. Two ramps per corner at intersecting streets are required and shall be oriented perpendicular to traffic.

      (2)   Curbs and Gutters. The dimensions and materials of all curbs, driveway curbs, and gutter installations shall be determined in consultation with the Village Engineer.

2.   Street Type Design Standards.

   a.   General Street Type Standards.

      (1)   Applicability. This Section establishes street types that depict acceptable street configurations to be applied to all new streets within subdivisions. The Zoning Administrator, in consultation with the Village Engineer, may require additions or reductions to the right-of-way, pavement width, or additional street elements depending on unique site characteristics. Refer to Table 156.04.C-A. General Street Type Standards, which summarizes the requirements of each street type.

      (2)   Graphics. The graphics provided to illustrate each street type are examples of potential configurations of that street type. Other configurations may be deemed acceptable by the Zoning Administrator, in consultation with the Village Engineer.

      (3)   Typical Street Elements. Typical elements of a street are divided into the vehicle and pedestrian realms. Each street type detailed in this Section identifies which facilities are applicable. Refer to Figure 156.04.C-F. Typical Right-of-Way Elements.

 

   b.   Bicycle Facilities. Three types of bicycle facilities are permitted in the vehicle realm. One off-street bicycle facility is permitted within the pedestrian realm. Refer to Figure 156.04.C-G. Bicycle Facilities.

      (1)   Dedicated Bicycle Lane. Dedicated bicycle lanes are striped lanes on the outside of the outermost vehicular travel lanes that are designated for bicycle use. This lane occurs on both sides of the street and shall be a minimum of five feet wide.

      (2)   Designated Shared Lane. A designated shared lane is a lane that is shared by vehicles and bicycles. This designated shared lane shall be a minimum of 14 feet wide, which is wider than a standard vehicle lane in order to accommodate both vehicles and cyclists. The designated shared lane shall include a painted bicycle marker combined with a double arrow (known as a "sharrow" or "shared lane marking"). On two-way streets, a designated shared lane is required in both directions.

      (3)   Shared Lane. A shared lane refers to a street that does not have dedicated bicycle lanes or designated shared lanes, but the speed and configuration of the street allows bicycles to comfortably share lanes with traffic and appropriate signage installed within the right-of-way to clearly establish that the land is a bicycle route.

      (4)   Sidepath. A sidepath is an off-street facility that is shared between pedestrians and bicycles. This path functions like a sidewalk but is wide enough to accommodate bicyclists and pedestrians simultaneously. Sidepaths are required on both sides of the street and shall be a minimum of ten feet wide. At the Zoning Administrator's discretion, one sidepath on a single side of the street may be allowed, provided the sidepath is a minimum of 12 feet wide.

   c.   Stormwater Management Facilities. Stormwater management facilities shall be integrated within the right-of-way as part of the design of all street types in the VC District to help clean and infiltrate stormwater runoff in accordance with the following requirements and, at the discretion of the Village, may be integrated within the right-of-way as part of the design of all street types in all other districts. Examples of such facilities are illustrated in this Section (refer to Figure 156.04.C-H. Bioswale Design, Figure 156.04.C-I. Bioretention Planter Design, and Figure 156.04.C-J. Bioretention Curb Extension Design).

      (1)   Bioswales, bioretention planters, or other stormwater management best management practices (BMPs) accepted by the Village Engineer shall be installed within all new parkways in the VC District and, at the discretion of the Village, may be installed within new parkways in other districts.

      (2)   Bioretention cells, at the discretion of the Village, may be included within curb extensions at intersections for all street types when a parking lane is adjacent to the parkway. Cells may extend into the parkway.

1.   Applicability. Public improvements, such as water supply, sanitary sewer, stormwater management, and other utilities, shall be provided as follows.

3.   Water Supply.

   b.   Provision of Service. The developer must provide the development with a complete water main supply system that is connected to a public water supply system. The system shall provide reliable and adequate water supply, with sufficient pressure, to the uses anticipated within the subdivision, including fire flow, and shall be constructed according to the specifications and performance standards established by the Village and any other agencies that have jurisdiction.

   c.   Water Mains.

      (1)   Construction Standards. All water mains and appurtenances must meet the requirements of the latest edition of the Standard Specifications for Water and Sewer Construction in Illinois.

      (2)   Minimum Diameter. Water mains shall be at least eight inches in diameter, and include installation of shutoff valves and fire hydrants.

   d.   Fire Hydrants.

      (1)   General Requirement. Fire hydrants must be installed throughout a development per the current requirements of the Fire District.

      (2)   Frequency of Installation. Fire hydrants must be installed at intervals of no more than 400 feet, unless otherwise authorized by the Fire District.

      (3)   Location. The locations of the fire hydrants shall generally take advantage of clear space adjacent to driveways and be coordinated with the Fire District.

4.   Sanitary Sewer.

   b.   Public Treatment. A complete sanitary sewer system must be provided that connects all lots in the subdivision with a public sanitary sewer system.

5.   Stormwater Drainage and Management.

   b.   Best Management Practices. Stormwater best management practices (BMPs) should be incorporated into the storm sewer system as much as practical.

   c.   Watercourse and Drainage Easements. Where a development is traversed by a watercourse, drainage-way, channel, or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and no structure shall be constructed within 100 feet of the bank of a creek or other waterway without special consent from the Village Board after due consideration of the recommendations of the Planning and Zoning Commission.

6.   Communication, Power, and Other Utilities.

   a.   Location of Utility Lines. All communication, power, and other utility lines, except power lines carrying 12,000 volts or more, must be placed underground within easements or dedicated public right-of-ways.

   b.   Compliance. The installation of such facilities must be made in compliance with the applicable regulations of the Illinois Commerce Commission. The owner or subdivider of any property served by underground installations is responsible for compliance with the applicable regulations of the Illinois Public Utilities Act (ILCS Ch. 220, Act 5, §§ 1-101 et seq.) for any public utility whose services will be required for the provision of underground facilities.

   c.   Utility Clustering. Utility services should be clustered within a single easement when practical.

7.   Street Construction.

   b.   Compliance. The provisions of this Section shall apply to plats and public roadways therein which have been recorded prior to the date hereof so long as the public streets and roadways in such plats have not been accepted by the Village. No development or improvement of lots in such subdivision or addition shall occur without first complying with the requirements of this Section, and no streets or roadways already of record which have not been accepted by the Village shall be used as public streets or roadways without first complying with the provisions of this section.

9.   Monuments.

   a.   Location and Construction. Permanent monuments shall be placed at all corners and at points of tangency of curve lines along the development boundary. Permanent monuments shall be concrete with minimum dimensions of four inches by four inches at top, six inches by six inches at bottom, and 36 inches long, with a copper dowel three-eighths inch in diameter, at least two and one-half inches in length, imbedded so that the top of the dowel is flush with the surface and at the center of the monument.

   b.   Alternate Monuments. All lot corners not marked by concrete monuments shall be marked by galvanized or wrought iron pipe or iron or steel bars at least 18 inches in length and not less than one-half inch in diameter. The top of the pipe or bar is to be set level with the established grade of the ground.

   c.   Required Benchmark. A minimum of one permanent benchmark shall be established for each 20 acres, or fraction thereof, subdivided and at a location designated by the Village Engineer. This monument shall be of concrete with a minimum dimension of four inches by four inches at top, six inches by six inches at bottom, and 48 inches long with a brass plate securely fastened to the surface. On the brass plate shall be inscribed the number and elevations of the benchmark.

10.   Easements.

   a.   Easement Provision. Easements must be provided for utility services and drainage including, but not limited to, sanitary sewer, storm sewer, stormwater, water, gas, telecommunication, cable television, and electric. The location of a utility easement is determined by the developer and the appropriate utility company, to be reviewed and approved by the Zoning Administrator, in consultation with the Village Engineer, and shall be at least ten feet wide. These easements must be marked on the plat.

   b.   Use of Easements. Easements are reserved for the performance of municipal and governmental services, including sanitary sewer, storm sewer, and water service and maintenance, and for those utility companies that operate within the Village.

   c.   Right to Access and Modify. The Village and utility companies have the perpetual right, privilege, and authority to construct, reconstruct, repair, inspect, maintain, and operate the utility transmission and distribution systems as part of such easement, together with right of access across the property for necessary personnel and equipment to do work.

   d.   Building Limitations. Principal buildings, accessory structures, including temporary structures, are prohibited within the easement. The easement may be used for sidewalks, driveways, and other purposes that do not interfere with the utility and its maintenance. The Village or utility retains the right to cut down, trim, or remove, without compensation, any installation within the easement that interferes with operation of the utilities within the easement area- including fences, accessory structures, temporary structures, trees, shrubs.

1.   Purpose. The purpose of this Section is to provide for the immediate and future needs of residents for facilities and services that include, among others, the public school system, parks and recreation, police, street maintenance, and fire protection. New residential development, including subdivisions, planned developments, annexations, or other residential development which has not previously met the requirements of this Section, shall be required to contribute to the costs incurred in meeting these needs.

2.   Applicability. The requirements of this Section shall apply to the following:

   a.   New residential subdivisions.

   b.   New residential planned developments.

   c.   Any annexation of land.

3.   Total Donation Required Per Development. The developer is required to dedicate land or to make a cash contribution in lieu of actual land and remit any fees as established in this Section, according to the formula set forth in Table 156.04.E-A. Determination of Total Donation Per Development. The donation of land to meet requirements is preferred, and cash contributions in lieu of actual land should only be accepted when unique inability to provide suitable land is demonstrated.

 

 

4.   Ultimate Population Per Dwelling Unit. The ultimate population density generated by a subdivision, planned unit development, or annexation of land shall be based on the projections set forth in Table 156.04.E-B. Ultimate Population Per Dwelling Unit, and used in calculating the amounts of land and cash donations required by this Ordinance.

 

5.   Park Site Donation.

   a.   General Provisions.

      (1)   Conveyance of Land. Required land donations shall be provided per the requirements of §156.04.E.6 (Conveyance of Site).

      (2)   Cash Donations. Required cash donations shall be provided per the requirements of §156.04.E.9 (Cash Donations).

      (3)   Phasing. The improvement of all donated park land sites shall be completed by the developer before 20% of the certificates of occupancy have been issued, but in no event later than three years after the date-of-issuance for the first building permit issued for the development.

   b.   Land Donation Calculation.

      (1)   Park Acreage Requirement. The amount of required park land shall be determined by the ultimate density of the proposed development. For parks, 10.5 acres of park land per 1,000 residents shall be donated.

      (2)   Land Donation Formula. The following formula determines how many acres are required to be donated: The total number of units for each dwelling type to be built is multiplied by the corresponding population density in Table 156.04.E-B. Ultimate Population Per Dwelling Unit, and the product for each dwelling type is added to calculate the ultimate population of the development. The total ultimate population for all dwelling units is then divided by 1,000. The result of such division is then multiplied by 10.5 to determine total acreage needed for park land donation.

   c.   Initial Improvements Fee. In addition to the land donation set forth above (or the cash contribution in lieu thereof), subject developments shall be required to donate a sum of money for park site improvement costs. In order to provide for the improvement of areas and facilities to serve the residents of the dwelling units proposed, an initial improvements fee of $30,000 per acre of required park land donation is necessary.

   d.   Criteria for Required Park Land Donation.

      (1)   General Uses. The park land donation site must be suitable for the active park and recreation purposes for which it is intended, and shall be integral components of the neighborhood, not set-asides or left over parcels. The 10.5 acres of park land required per 1,000 of estimated population shall be generally divided among the various active park areas in accordance with the following classification:

 

 

      (2)   Location.

         (a)   Parks shall be located no further than a 1,320 feet walking distance from every lot in the subdivision, to allow all users pedestrian access within an approximate five minute walk, and located so as to be accessible and largely visible from public streets and the surrounding neighborhood.

         (b)   The slope, topography, and geology of the donated site shall be compatible with the surrounding neighborhood.

         (c)   The Village shall retain final selection and approval authority for all park site locations.

      (3)   Compatibility with Current Plans. The elements of the comprehensive plan, park and open space plans, and plans for unincorporated lands will be used to guide the location of park sites. Land donation will only be accepted in those instances where a subdivider owns land in reasonable proximity to a planned future park site or is comparable thereto. In all other cases, the payment of fees in lieu of actual land is required.

      (4)   Condition of Donated Land. Donated land shall be in a condition ready for facility development including proper site drainage and curb and gutter treatment in a manner consistent with the balance of the development. Original topsoil and vegetative cover shall either remain undisturbed or the site shall be prepared with topsoil, fine-graded, and seeded in a manner consistent with the balance of the development.

   b.   Park Land Donation Substitutions.

      (1)   Fee In Lieu. If it is determined that park land would be more appropriately located off-site, per the requirements of § 156.04.E.9 (Cash Donations), the Village may agree to accept cash in lieu of land.

      (2)   Off-Site Park Land Donations. At the sole discretion of the Village, off-site park land may be accepted to meet up to 50% of the total required park land donation provided such land is accessible to the community, and advances Village goals to naturalize floodprone properties, and transition to passive recreation use, or to increase conservation areas that link and extend greenways. Prior to acceptance of such donation, all structures shall be removed from the subject property, all utilities disconnected, and all land restored to the appropriate natural cover and condition determined by the Zoning Administrator.

      (3)   Park Improvements Credit. The Village Board may recognize existing or proposed park improvements as equal to or greater than the value of the improvement fees required in this Section and may credit the development's total required park contribution with the value of such site improvements.

      (4)   Private Parks. At the sole discretion of the Village, up to 25% of the total park land donation may be established in a private park, provided that such land is determined to be of equivalent value and available by right to all residents of the development.

6.   School Site Donation.

   a.   General Provisions.

      (1)   Conveyance of Land. Required land donations shall be provided per the requirements of § 156.04.E.6 (Conveyance of Site).

      (2)   Cash Donations. Required cash donations shall be provided per the requirements of § 156.04.E.9 (Cash Donations).

   b.   School Land Donation Calculation.

      (1)   School Classifications and Size of School Site. School classifications and the size of school sites within the Village shall be determined in accordance with the criteria shown in Table 156.04.E-D. School Classifications and Size, which is consistent with the minimum site recommendations of the Illinois Office of Education Standards, as adopted by the Illinois State Board of Education.

      (2)   Land Donation Formula. The ultimate number of students to be generated by a subdivision, planned development, or annexation shall bear directly on the amount of land required for school sites. The following formula determines how many acres are required to be donated:

         (a)   The total number of units for each dwelling type to be built is multiplied by the corresponding population density in Table 156.04.E-B. Ultimate Population Per Dwelling Unit.

         (b)   Using the resulting projections for students, use Table 156.04.E-D. School Classifications and Size to establish the ratio of projected students to the required acreage for school sites of each school classification.

 

 

   c.   Initial Improvements Fee. In addition to the land donation requirement (or the cash contribution in lieu thereof), developments shall be required to donate a sum of money for school site capital improvements costs. In order to provide for the improvement of areas and facilities to serve the residents of the dwelling units proposed, an initial improvements fee of $1,000 per school age child (K-12) projected to be generated by the proposed development is necessary.

7.   Reservation of Additional Land. Where the Comprehensive Plan, park plan, or other Village or school district plan calls for a larger amount of park land or school site in a particular development than the amounts calculated by the requirements of this Section, the land needed beyond the required donation shall be reserved for subsequent purchase by the Village or other public body designated by the Village, at the current FMV as determined by the Village, provided that such acquisition, or an agreement for acquisition, is made within one year of final approval. The failure of the Village, school district or other public body to acquire, or reach an agreement for acquisition, within one year of final approval shall cause termination of the reservation and release said property for further development in accordance with Village regulations.

8.   Conveyance of Land Donation.

   a.   Title. All land donations for park, school or other public purpose shall be initially conveyed to the Village, within 30 days following the recording of a final plat, planned development agreement or annexation agreement, unless otherwise determined by the Village.

   b.   Conveyance Requirements. Each deed or other instrument conveying land to the Village, school district, or other public body shall be accompanied by:

      (1)   A written commitment issued by a title insurer licensed to do business in Illinois to insure the Village's title to such real estate in an amount equal to its value, subject only to then current general real estate taxes, covenants, conditions and restrictions which do not prohibit the use of the subject real estate for park or school use, utility easements located within 20 feet of the boundary lines of the subject real estate, and drainage ditches, feeders, laterals, and underground pipe or other conduit, and acts done or suffered by or judgments against the Village.

      (2)   A current boundary line survey, certified to the Village by a licensed Illinois Land Surveyor to be in compliance with the Illinois Land Survey Standard.

      (3)   In instances where the real estate to be conveyed is a lot in a recorded subdivision, an assessment plat and tax division petition in a form acceptable to the appropriate county authorities so that the land to be conveyed can be assigned its own permanent real estate index number for exemption purposes.

      (4)   An environmental audit, prepared by an environmental consultant acceptable to the Village, assuring the Village that there are no hazardous or toxic substances, wastes, materials or chemicals, as defined in federal, state and local laws, ordinances or regulations, on the property.

   c.   Maintenance. Maintenance of the land reserved for school or non-Village operated public purpose shall be the responsibility of the intended ultimate user from the date that it is conveyed to the Village or other public body until ownership is transferred or the property sold. Failure of the intended ultimate user to maintain the land shall result in the immediate relinquishing of all present and future rights to the property, subject to statutory law governing conveyances of municipal real estate.

9.   Cash Donations.

   a.   Establishment of Fees.

      (1)   Determination of In-Lieu Fee Amounts. The cash contribution in lieu of land shall be determined by multiplying the acreage demand for a given development by the average fair market value for land acquisition.

      (2)   Determination of Fair Market Value. The cash contributions in lieu of land shall be based on the fair market value of subdivided land improved as specified herein, that otherwise would have been donated as park, recreation, or school sites. The average fair market value for acquiring improved land in the Village is $115,000 per acre. The FMV shall be adjusted upward at an annual rate of 3% effective January 1, 2019 and annually thereafter.

      (3)   Initial Improvement Fees. Required fees to improve park and school facilities shall be paid as required by this Ordinance.

      (4)   Determination of Fees to Defray Increased Cost of Services. The fee amount to defray the increased cost of a service shall be set within this Ordinance and applied to the development on a per capita basis.

   b.   Criteria for Requiring a Contribution in Lieu of Park or School Sites.

      (1)   Unsuitability Determination. The determination that available land is unsuitable for a park or school site shall be made by the Village after inspection of the land by staff and receiving the recommendation of the local school board and developer affected.

      (2)   Small or Otherwise Inappropriate Sites. In cases where a development is small and the resulting site would not be practical or appropriate for a school or park, the Village shall require the developer to pay a cash contribution in lieu of land donation.

      (3)   All other fees-in-lieu permitted in this ordinance shall be subject to their own requirements as specified elsewhere in this ordinance.

   c.   Donation of Both Land and Cash In Lieu of Land. There will be situations when a combination of land and a cash contribution in lieu of land are both necessary. These occasions will be determined by the Village at its sole discretion and will generally occur when:

      (1)   Only a portion of the land to be developed is proposed as the location for a park or school site. That portion of the land within the subdivision falling within the park or school location shall be donated as a site aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that is required to be donated.

      (2)   A part of the designated park or school site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by donation, and a cash contribution in lieu thereof shall be required.

      (3)   When certain park or school sites will be donated, and the balance of the required park or school site acreage would be too small or otherwise unsuitable for park or school sites, then cash shall be contributed in lieu of the balance of the required school or park site acreage.

   d.   Time and Manner of Payment. Payments covering fees in lieu and initial improvement fees shall be paid at the time of final plat, planned development, or annexation agreement approval, or calculated according to the number of dwelling units in the development with a proportionate amount paid at the time a building permit is issued for each unit. The amount of each payment shall be determined by the Village at the time of approval of the final subdivision plat, the final plan of a planned development, or the building permit, as the case may be.

   e.   Acceptance and Distribution of Cash Donations to Special Districts.

      (1)   Deposit and Distribution. The cash contributions to be paid to defray the increased cost of a non-Village service shall be deposited with the Village Treasurer and subsequently paid out upon written request by the applicable district and approval of the Village, without interest. Said funds shall be used by the applicable district in which said funds were collected solely for new facility or facility upgrades, equipment purchases or upgrades and those other operational purposes necessary to provide adequate service provision within the corporate limits of the Village. The district shall submit semi-annual reports which include a detailed accounting of all expenditures using the Village cash contributions and the fund balance.

      (2)   Indemnification. By acceptance of land or cash, or both, pursuant to the provisions hereof; the district shall indemnify the Village against any loss, cost or expense, including reasonable attorney's fees, arising out of; or on account of; any land or payments designated for said district under the provisions of this Section. Prior to the actual transfer of land or funds, the district shall make the foregoing indemnity to the Village in writing.

      (3)   Reimbursement. By acceptance of land or cash, or both, pursuant to the provisions hereof; the district shall reimburse the Village for all costs and expenses it incurs in connection with obtaining the land or cash required by this Section. Payment of said amount shall be made to the Village within 30 days of the district's receipt of the land or cash as provided herein, or the receipt of an invoice from the Village whichever occurs later.

      (4)   Challenges to Ordinance. In the event of any claim, demand, or litigation against the Village in connection with this Ordinance, the district will be solely responsible for all costs, expenses, and attorneys' fees incurred in defending, supporting or upholding the validity of said Ordinance provided, however, that the district may retain counsel of its choice and determine an appropriate course of action in connection with any such claim, demand, or litigation. In no event, however, shall the Village be responsible for any expenses or costs as the district assumes all financial responsibility concerning any challenges or claims to the validity of this Ordinance.

10.   Funds to Defray Administrative Facilities. In order to help the Village defray the cost of providing administrative services for the new development, a cash contribution in the amount of $250 per capita shall be made to the Village, for each person generated, with population to be computed in accordance with Table 156.04.E-B. Ultimate Population Per Dwelling Unit and accepted in accordance with § 156.04.E.9.e (Acceptance and Distribution of Cash Donations to Special Districts).

11.   Funds to Defray Fire Protection. In order to defray the cost of fire protection as furnished by the appropriate fire protection district, a contribution of $100 per capita shall be made to the Village for each person generated. Population to be computed in accordance with Table 156.04.E-B. Ultimate Population Per Dwelling Unit and accepted in accordance with § 156.04.E.9.e (Acceptance and Distribution of Cash Donations to Special Districts).

12.   Funds to Defray Library Facilities. In order to defray the cost of library facilities and services to serve the immediate and future needs of the residents of a new development, a cash contribution of $100 shall be made

   for each person generated from the development. Population shall be computed in accordance with Table 156.04.E-B. Ultimate Population Per Dwelling Unit and accepted in accordance with § 156.04.E.9.e (Acceptance and Distribution of Cash Donations to Special Districts).