(A) Staff authority. The Community Development Director shall have the authority to receive applications for the following petition requests to village boards or commissions.
(1) Courtesy review;
(2) Shared parking facility permit;
(3) Easement encroachment;
(4) Gary Avenue Corridor and North Avenue Corridor Overlay District Development review;
(5) Variation;
(6) Special use permit;
(7) Text amendment;
(8) Map amendment;
(9) Subdivision;
(10) Annexation.
(B) Application review and approval procedures for planned developments are included in Article 16-7 of this UDO.
(C) If in the opinion of the Community Development Director the village does not have the requisite expertise on staff to complete the review of any application for petition review and approval, the Community Development Director shall notify the applicant before acquiring the services of consultants and/or attorneys as may be necessary for the proper review and preparation of the report and/or opinion. The developer shall, within five calendar days either formally withdraw its application or provide written acknowledgment that the developer is responsible for all fees incurred by the village for said review.
(D) Summary of petition review procedures. Table 16-8-4(B) summarizes the petition review procedures and lists the appropriate boards or commissions that serve as recommending or decision making bodies.
Table 16-8-4(D) Summary of Petition Review Procedures | ||||
Procedure | Section | Community Development Director | Plan Commission/ Zoning Board of Appeals | Village Board |
Table 16-8-4(D) Summary of Petition Review Procedures | ||||
Procedure | Section | Community Development Director | Plan Commission/ Zoning Board of Appeals | Village Board |
Courtesy Review | 16-8-4(G) | Non-binding review only | ||
Shared Parking Facility Permit | 16-8-4(H) | [ ] | * | |
Public Easement Encroachment | 16-8-4(I) | [ ] | * | |
Gary Avenue Corridor and North Avenue Corridor Overlay Districts Development Review | 16-8-4(J) | [ ] | * | |
Variation | 16-8-4(K) | [ ] | X | * |
Special Use Permit | 16-8-4(L) | [ ] | X | * |
Text Amendment | 16-8-4(M) | [ ] | X | * |
Map Amendment | 16-8-4(N) | [ ] | X | * |
Subdivision | 16-8-4(O) | [ ] | X | * |
Annexation | 16-8-4(P) | [ ] | * | |
[ ] = Staff Review | ||||
X = Recommending Body | ||||
* = Decision Making Body | ||||
(E) Recommending and decision-making bodies.
(1) Authority for actions.
(a) Decision-making bodies may take any action on an application that is consistent with the notice given, including, but not limited to, approving the application, approving the application with conditions, or denying the application. Decision-making bodies must act by simple majority vote of the body.
(b) Decision-making bodies may approve an application for a lower density of development, a less intensive use, a less intensive zoning district, increased setbacks, fewer dwelling units, less height, or fewer access points, than indicated in the notice.
(2) Inaction.
(a) When a recommending body fails to take action on an application, the application will be forwarded to the decision-making body with no recommendation.
(b) When a decision-making body fails to take action on an application that inaction will be deemed a denial of the application.
(3) Continuation of public hearings. A public hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements, provided that the continuance is set for a date and time certain and announced at the original public hearing. If the public hearing is canceled for lack of a quorum or any other reason, notice of the continuance shall be posted at the main entrance of the building where the original public hearing was held.
(F) Notice requirements.
(1) Notice content. All notices required under this UDO shall include the following content:
(a) The date, time, and place of all scheduled public hearings.
(b) A description of the property involved in the application by street address if one exists.
(c) A description of the nature, scope, and purpose of the application.
(d) The location and source of additional information on the application.
(2) Notice methods.
(a) Published notice. When the provisions of this UDO require that notice be published in the newspaper, the official responsible for accepting the application shall ensure that notice is published in a newspaper of general circulation within the village at least 15 days and no more than 30 days before the date of the first scheduled public hearing.
(b) Written notice. Unless otherwise expressly stated, when the provisions of this UDO require that written notice be provided, the official responsible for accepting the application shall provide written notice by first class mail to all taxpayers of record of the subject property and all taxpayers of record within 250 feet of the boundaries of the subject property. The notice shall be deposited in the U.S. mail by the Community Development Department at least 15 days and no more than 30 days before the first scheduled public hearing. Ownership information shall be obtained from the most current taxpayer records.
(3) Notice issues. Minor technical deviations from specified notice requirements shall not be deemed to impair notice where there is actual notice. When required written notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing and the general location of the subject property shall be strictly construed. If questions arise at the hearing regarding the adequacy of notice, the body hearing the matter shall make a finding regarding whether there was compliance with the notice requirements of this chapter.
(4) Cost of notice. All costs associated with published and written notice, as required by this UDO, shall be the responsibility of the applicant.
(G) Courtesy review.
(1) Applicability. Whenever any development is proposed, the developer or his/her agent may submit to the Community Development Director plans and information reflecting the detail of the proposed development for inclusion on the agenda of an upcoming Plan Commission and Village Board meeting.
(2) Purpose. The purpose of the courtesy review is to offer the developer informal feedback regarding a proposed development from the recommending and decision making bodies.
(3) Application. An application for courtesy review shall include a brief description of the project and any other information necessary to communicate the scope, intent and impacts of the project.
(4) Review. At the Plan Commission and Village Board meetings during which the developer presents their plans and information, the appointed and elected officials may offer informal feedback, however no comment offered shall be construed as a binding decision of the village.
(H) Shared parking facility permit.
(1) Applicability. Shared parking facilities shall require the review and approval of the Village Board. The following procedure is established to ensure the public health, safety, and welfare through the provision of adequate parking, conservation of land resources, reduction of stormwater runoff, reduction in heat island effect caused by large paved areas, and improvement of the appearance of the community.
(3) Shared parking facility permit review criteria. The Village Board shall consider the following criteria in their review of shared parking facility permit applications.
(a) That no substantial conflict exists in the peak periods of parking demand of the uses for which shared parking is proposed, as demonstrated through the professionally prepared shared parking study.
(b) That a shared parking agreement with a term of not less than five years has been executed between the owners of the property for which shared parking is proposed, and is on file with the Village Clerk's Office.
(4) Review and action. The Village Board may act to approve, approve with conditions, or deny the shared parking facility permit based on the review criteria set out in this section.
(I) Public easement encroachment.
(1) Applicability. Easement encroachment requests shall require review and approval of the Village Board. The following procedure is established to ensure the public health, safety, and welfare through the provision of adequate areas for utilities, safe measures for public services, and general appearance of the community.
(2) Application. An application for an easement encroachment shall be submitted to the Community Development Director, along with the following information:
(a) Plat of survey with legal description depicting the location of all structures on the property including setbacks from property lines. The proposed structure that is the subject of the easement encroachment application also needs to be shown on the plat, with dimensions provided. The easement that the applicant is requesting to encroach within must be clearly labeled on the plat.
(b) A cover letter addressed to the Mayor and Village Board introducing the applicant and explaining the details of the request.
(c) If the easement being encroached upon is a utility easement, the applicant shall provide the village with letters from any and all other entities that were also afforded rights by said easement in which they indicate no objection to easement encroachment request.
(3) Easement encroachment review criteria. The Village Board shall consider the following criteria in their review of easement encroachment applications:
(a) The need to encroach within the easement as opposed to placing the structure elsewhere on the property.
(b) That all other options have been considered for the placement of the structure outside of the easement and rejected as impractical.
(4) Review and action. Before the Village Board may act on the easement encroachment request, the property owner must sign and submit the village's terms of approval letter. Upon receipt of the signed letter, the Village Manager shall schedule the review of the request before the Village Board. The Village Board may act to approve, approve with conditions, or deny the easement encroachment based on the review criteria set out in this section.
(J) Gary Avenue Corridor and North Avenue Corridor Overlay District Development review (See Figure 16-8-4(J)).
(1) Applicability. Whenever any development is proposed to occur in the Gary Avenue Corridor or North Avenue Corridor Overlay Districts; a review shall be required to certify compliance with all applicable provisions of this UDO.
(2) Application. Plans shall be submitted in a form established by the Community Development Director. The application shall contain the following information, as required by the Community Development Director:
(a) Plans at a size of at least 24 inches by 36 inches, and drawn to scale.
(b) Labels for the date, scale, north point, title, name of owner, and name of person preparing the plan. A map layout showing the location of existing boundary lines and dimensions of the legal lot(s) or tract of land, any existing easements, and utility locations. A boundary survey prepared by a professional land surveyor registered in the State of Illinois may be required by the Community Development Director.
(c) The location, size, and setbacks from the property lines, of all existing and proposed structures, buildings, and land improvements.
(d) A building elevation plan showing the height, facade design, and exterior building materials and window specifications, for all proposed buildings.
(e) A site plan, showing the location and size of existing and proposed streets and alleys, sidewalks, parking and loading spaces, ADA compliant spaces, drive aisles, driveways, vehicular and pedestrian circulation, cross-access connections, fire lanes, bumpers, curbs, wheel stops. The site plan shall also include the approximate footprints of stormwater management facilities (ex. site runoff storage facilities and post-construction best management practices) and/or special management areas (ex. special flood hazard areas, wetlands, and buffers) that have the potential to impact the proposed geometrics of the site.
(f) A landscaping plan, showing the location and size of existing and proposed landscaping areas, including parking lot perimeter area landscaping, parking lot interior area landscaping, building foundation area landscaping, transition area landscaping, and curbing, a table of plant types, sizes, and quantities, installation specifications, irrigation, and maintenance provisions.
(g) A tree preservation plan, including an inventory of all mature, high-quality trees on the lot.
(h) The location, size, and type of proposed permanent signs, if known.
(i) A preliminary application for a Stormwater Management Certification that includes narratives and/or calculations to support the approximate footprints of any stormwater management facilities and/or special management areas shown on the site plan. This shall include an Alternatives Analysis per 15-86.B and/or 15-86.C of the DuPage County Ordinance for every direct impact to a wetland that is proposed.
(3) Development review criteria. The village intends that all development and redevelopment within the Gary Avenue Corridor and North Avenue Corridor Overlay Districts strive toward the highest level of quality in both design and construction. Nothing in these provisions is intended to stifle creativity or artistic expression nor is anything in these provisions intended to impede the economic use of land. Rather, the provisions are intended to challenge design professionals to create extraordinary sites and buildings within a context that is unique to the village. The criteria, by which all new development and redevelopment in the Overlay Districts shall be reviewed is as follows:
(a) Consistency with all provisions of the Comprehensive Plan and the Gary Avenue Corridor Plan, as amended from time to time; all provisions of the UDO not specifically overridden by the provisions of this section; and all other applicable regulations of this Code of Ordinances;
(b) Conservation of the natural conditions found on each site where desirable, through minimized removal of trees and other vegetation and soil, and through enhancement of natural wetlands;
(c) Establishment throughout the Overlay Districts of harmonious physical and visual relationships among existing, new and proposed buildings, open spaces, natural terrain and plant materials and placements, with the intent of creating a unique and unified appearance for the entire Overlay District;
(d) Creation of unified site designs with a sense of internal and interrelated order, that provide desirable environments for site users and visitors and the community as a whole and that consider all site elements, including: the relationship of buildings to surrounding land forms; grading; architectural design; building, parking and loading-dock orientation; building height; site furnishings (lighting, outdoor seating, signs and the like); landscaping (retention of natural vegetation, plant selection and placement, retention and incorporation of water features, and the like); and other visible outdoor site elements;
(e) Creation of a suitable balance between the amount and arrangement of open space, landscaping and view protection on the one hand and the design and function of human-made features on the other. Achieving this balance should consider screening, buffering, size and orientation of open spaces, personal and property security, and localized wind and solar effects;
(f) Provision of safe and adequate access to and from the site, giving ample consideration to the location and number of access points from public streets, the safety and convenience of merging and turning movements, and traffic management and mitigation; and
(g) The provision of interior drives, parking areas, pathways and walkways adequate to handle anticipated needs and to safely buffer pedestrians and cyclists from motor vehicles where necessary for the safety and convenience of on-site vehicular, bicycle and pedestrian circulation.
(4) Action by the Plan Commission. The Plan Commission may approve, approve with conditions, or deny any corridor review request, or may refer it back to the Community Development Director with recommendations for further refinement to address specific issues.
(5) Concurrent applications. A special use permit or variation application may be processed concurrently with the corridor review.
(6) Expiration and lapse of approval. The applicant shall have 12 months from the date of a corridor review approval to secure a building permit to carry out the proposed improvements. If a building permit has not been obtained within 12 months of the date of approval, the approval shall lapse and be of no further effect.
(K) Variation (See Figure 16-8-4(K)).
(1) Applicability. The Village Board, by ordinance, upon report of the Zoning Board of Appeals, and only after a public hearing before the Zoning Board of Appeals, shall decide variations of the provisions of this UDO in harmony with its general purpose and intent, and shall vary them only in the specific instances hereinafter set forth where the Zoning Board of Appeals shall have made a finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.
(2) Application. An application for a variation shall be submitted to the Community Development Director, along with such accompanying material as is required to ensure compliance with the variation review criteria below. Application procedures are described in the general application provisions found in § 16-8-2 and include published and mailed notification requirements of § 16-8-4(F)(2)(a) and (b).
(3) Use variations prohibited. The Village Board may not grant a use variation to allow a use not permitted within a specific zoning district.
(4) Variation affecting rights-of-way prohibited. The Village Board may not grant a variation that will allow a use or structure to extend into a public right-of-way or easement.
(5) Variation review criteria. A variation may be granted by the Village Board upon an affirmative finding by the Zoning Board of Appeals that all of the following conditions exist:
(a) The requested variation arises from conditions that are unique to the subject property, that are not ordinarily found in the same zoning district and that are not a result of the owner's intentional action;
(b) That the variation to be granted will not alter the essential character of the neighborhood in which the subject property is located, nor substantially or permanently impair use or development of adjacent property;
(c) The strict application of the applicable standards will constitute an unnecessary physical hardship (not economic hardship) because the property cannot be used for an otherwise allowed use without coming into conflict with applicable site development standards;
(d) The variation is the minimum action necessary to alleviate the hardship and observes the spirit of this UDO; and
(e) The variation desired will not adversely affect the public health, safety, or general welfare or impair the purposes or intent of this UDO or the comprehensive plan.
(6) Sign variation review criteria. A variation from the regulations of Article 6
: Sign Standards may be granted by the Village Board upon an affirmative finding by the Zoning Board of Appeals that all of the following conditions exist:
(a) The inability to follow the strict standards of the sign code are due to the unique physical feature of the property;
(b) The available locations for adequate signing on the property;
(c) The effect of the proposed sign on pedestrian and motor traffic;
(d) The proposed variation will not impair visibility to the adjacent property, create or increase traffic problems, endanger public safety or otherwise be detrimental to the public welfare or injurious to other property or improvements in the area;
(e) The cost to the applicant of complying with the sign code as opposed to the detriment; and
(f) The proposed variation is in harmony with the spirit and intent of this article.
(7) Fence variation review criteria.
(a) An exceptional situation related to topography, surroundings or conditions of a specific piece of property, or by reason of exceptional narrowness or shallowness;
(b) Difficulties or particular hardship in the way of carrying out the strict letter of the fence standards;
(c) The fence will not impair an adequate supply of light and air to adjacent property;
(d) The fence will not endanger the public safety;
(e) The fence will not unreasonably diminish or impair established property values within the surrounding area; and
(f) The fence will not impair the public health, safety, comfort, morals or welfare of the inhabitants of the village.
(8) Findings of fact. The Zoning Board of Appeals shall make a determination on each of the variation review criteria and submit its findings in the form of a written report to the Village Board. Findings of fact shall be based on evidence presented at the public hearing on the variation request. A negative finding of fact on any of the variation review criteria shall require a negative vote on the application as a whole.
(9) Conditions of approval. The Zoning Board of Appeals may recommend and the Village Board may require such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this chapter.
(10) Expiration and lapse of approval. The applicant shall have 12 months from the date of approval of a variation to secure any necessary permits to carry out the proposed improvements. If permits have not been obtained within 12 months of the date of variation approval, the approved variation shall lapse.
(L) Special use permit (See Figure 16-8-4(L)).
(1) Applicability. Uses designated under the various zoning districts herein as special uses are so classified because they may have site-specific impacts that require the discretionary review of the Plan Commission and Village Board. The following procedure is established to integrate the special uses properly with other land uses located in the district. These uses shall be reviewed and authorized or denied according to the following procedure.
(2) Application. An application for a special use permit shall contain all of the required elements of site plan review as detailed in § 16-8-3(F), and shall include a detailed written description of the operation and nature of the proposed special use. Site plan review shall occur concurrently with special use permit review. Application procedures are described in the general application provisions found in § 16-8-2 and include published and mailed notification requirements of § 16-8-4(F)(2)(a) and (b).
(3) Special use permit review criteria. A special use permit may be recommended by the Plan Commission and granted by the Village Board only upon finding in the review of the application that all of the following criteria are met. No special use shall be recommended by the Plan Commission, nor approved by the Village Board, unless the special use:
(a) Is deemed necessary for the public convenience at the location;
(b) Will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare;
(c) Will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
(d) Will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
(e) Will provide adequate utilities, access roads, drainage and other important and necessary community facilities; and
(f) Will conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the Village Board.
(4) Hearing and recommendation by the Plan Commission. The Plan Commission shall make a determination on each of the special use permit review criteria and submit its findings in the form of a written report to the Village Board. Findings of fact shall be based on evidence presented at the public hearing on the special use permit request. A negative finding of fact on any of the six special use permit review criteria shall require a negative vote on the application as a whole. The Plan Commission may recommend certain conditions and restrictions, including, but not limited to, those upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein, or as may be from time to time required.
(5) Action by the Village Board. Prior to granting any special use permit, the Village Board may stipulate certain conditions and restrictions, including, but not limited to, those upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein, or as may be from time to time required. In all cases in which special use permits are granted, the Village Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be complied with, including, but not limited to, the acceptance in writing of the owner of the property involved and other interested parties of the conditions and guarantees set forth within the UDO. A copy of the ordinance bearing the acceptance may be recorded in the office of the County Recorder of DuPage County. The acceptance shall be in approximately the following form:
(a) "The undersigned, being the (owner, tenant, contract purchaser, etc.) of the property legally described in this ordinance do/does hereby acknowledge that the fulfillment of such conditions and guarantees are essential to the granting and continuation of the special use allowed herein, and that but for the imposition of these requirements and guarantees the special use would not have been granted. The undersigned do/does further certify and agree that such conditions and guarantees shall equally bind and be effective against any/all successor/ successors to the interest of the undersigned. The commitment herein made shall run with the land and shall be enforceable by the Village of Carol Stream in a court of law or equity in addition to any and all other remedies available to the village to secure compliance with the conditions and guarantees agreed to herein."
(6) Expiration and lapse of approval. The applicant shall have 12 months from the date of Village Board approval of a special use permit to secure any necessary permits to carry out the proposed improvements. If permits have not been obtained within 12 months of the date of approval, the approval shall lapse. An extension of the time requirements may be granted by the Village Board, at the Board's sole discretion, for good cause shown by the applicant, provided a written request is filed with the village at least four weeks prior to the respective deadline.
(7) Successive applications. If an application is not approved, an application for the same use on the same property shall not be filed for a period of 12 months from the date of Village Board action, except upon demonstration of significant/substantive changes that address the factors leading to previous denial.
(8) Amendments to special use permits. Any change which would alter the provisions, conditions, or restrictions of a special use ordinance or that would alter the way the use is operated, designated, maintained, or occupied; or significantly alters the building size or integral changes to the design or location of site elements, shall require the applicant or owner to apply for an amendment to the special use permit. The criteria for amendment for an amendment to a special use permit shall be the same as for the issuance of a special use permit.
(M) Text amendment (See Figure 16-8-4(M)).
(1) Applicability. The regulations imposed under the authority of this UDO may be amended by ordinance in accordance with applicable state law. An amendment shall be granted or denied by the Village Board only after a public hearing before the Plan Commission and a report of its findings and recommendations has thereafter been submitted to the Village Board.
(2) Application. Text amendments to the UDO may be proposed by the Village Board, Plan Commission or Zoning Board of Appeals, or by any resident or owner of property in the village. Application procedures are described in the general application provisions found in § 16-8-2 and include published notification requirements of § 16-8-4(F)(2)(a).
(3) Text amendment review criteria. The Plan Commission and Village Board shall consider the following criteria in their review of text amendments. Proposed text amendments that satisfy all of the review criteria may be approved.
(a) The amendment must be consistent with the purpose of this UDO and the cillage comprehensive plan.
(b) The amendment must not adversely affect the public health, safety, or general welfare.
(c) The amendment is necessary because of changed or changing social values, new planning concepts, or other social, technological, or economic conditions in the areas affected.
(4) Hearing and recommendation by the Plan Commission. The Plan Commission shall hold a public hearing on the text amendment, and, at the close of the public hearing, make a recommendation to the Village Board to approve, approve with modifications, or deny the amendment based on the review criteria set out in this section.
(5) Action by the Village Board. The Village Board, upon report of the Plan Commission and without further public hearing, may grant or deny any proposed amendment in accordance with applicable state law, or may refer it back to the Plan Commission for further considerations.
(N) Map amendment (See Figure 16-8-4(N)).
(1) Applicability. The district boundaries created under the authority of this UDO may be amended by ordinance in accordance with applicable state law. An amendment shall be granted or denied by the Village Board only after a public hearing before the Plan Commission and a report of its findings and recommendations has thereafter been submitted to the Village Board.
(2) Application. Map amendments to the Official Zoning Map may be proposed by the Village Board, Plan Commission or Zoning Board of Appeals, or by the property owner or duly authorized agent or representative of the property or properties proposed for map amendment. Application procedures are described in the general application provisions found in § 16-8-2 and include published and mailed notification requirements of § 16-8-4(F)(2)(a) and (b).
(3) Map amendment review criteria. The decision to amend the Official Zoning Map is a matter of legislative discretion that is not controlled by any single review criterion. In making recommendations and decisions on map amendments, the Plan Commission and Village Board must consider all relevant factors, including at minimum the following criteria:
(a) The existing uses and zoning of nearby property;
(b) The extent to which property values are diminished by the current zoning classification;
(c) The extent to which the diminishment of property value of the applicant promotes the health, safety, morals or general welfare of the public;
(d) The relative gain to the public as opposed to the hardship imposed upon the individual property owner;
(e) The suitability of the subject property for the zoned purposes;
(f) The length of time the property has been vacant as zoned considered in the context of land development in the area;
(g) The care with which a community has undertaken to plan its land-use development; and
(h) Community need for the use proposed by the applicant.
(4) Hearing and recommendation by the Plan Commission. The Plan Commission shall hold a public hearing on the map amendment, and, at the close of the public hearing, make a recommendation to the Village Board to approve or deny the amendment based on the review criteria set out in this section.
(5) Action by the Village Board. The Village Board, upon report of the Plan Commission and without further public hearing, may grant or deny any proposed amendment in accordance with applicable state law, or may refer it back to the Plan Commission for further considerations.
(6) Successive applications. If the Village Board denies an application for a map amendment, an application for the same or any more intensive district on any portion of the subject tract may not be refiled for a period of 12 months from the date of the Village Board action on the proposed amendment.
(O) Subdivision.
(1) Types of subdivision applications.
(a) Major subdivision (See Figure 16-8-4(O)). Any subdivision of land, as defined in this article, that involves the dedication of rights-of-way or easements for public use, or the dedication or reservation of land for schools, parks, playgrounds or other public uses. The review of major subdivisions shall occur in two stages: a preliminary plat approval as detailed in § 16-9-7 and a final plat approval as detailed in § 16-9-8. The Community Development Director may, at his or her discretion, re-categorize any major subdivision as a minor subdivision.
I. A developer may submit a preliminary plat and final plat concurrently for review and consideration by the Plan Commission and Village Board only if he/she elected to participate in the development staff review and concept plan review detailed in this article.
(b) Minor subdivision (See Figure 16-8-4(O)). Any subdivision of land, as defined in this article, that does not meet the definition of a major subdivision. The preliminary plat process shall not be required for minor subdivisions but may be followed when requested by the developer.
(2) Preliminary plat approval procedures.
(a) Application. An application for preliminary plat approval shall be made on forms furnished by the Community Development Director and shall include applicable copies of the supporting data required per § 16-8-4(N)(3).
(b) The Community Development Director shall refer the preliminary plat to the Plan Commission at the next regular meeting of the Plan Commission after the application is determined to be complete.
(c) The Plan Commission shall recommend approval or denial of the preliminary plat within 90 days from the date of the application or the filing by the developer of the last item of required supporting data, whichever date is later, unless such time is extended by mutual consent. The recommendation of the Plan Commission, in the form of the meeting minutes, shall be forwarded to the Village Board.
(d) If recommended for approval by the Plan Commission, the Village Board shall approve or deny the preliminary plat within 30 days at a regular meeting following the action of the Plan Commission.
I. Approval of the preliminary plat by the Village Board is preliminary in nature, indicating only the general acceptability of the layout as submitted, and shall be effective for a maximum period of one year. The Village Board may grant an extension upon receipt of a written request from the developer. The request for the extension shall not require an additional filing fee or the submittal of additional copies of the approved preliminary plat.
II. If the preliminary plat is denied, the Village Board shall state in writing the reasons for the denial, which shall be filed in the office of the Village Clerk and a copy shall be sent to the developer.
(3) Preliminary plat application; supporting data. The application for preliminary plat approval shall include plans clearly drawn such that legible prints can be made therefrom. Plans shall be on 24 inch by 36 inch sheets and shall be drawn at a scale of one inch equals 100 feet or, if the area of the subdivision is more than 200 acres, one inch equals 200 feet. A digital submission of Adobe Acrobat (PDF) format files with to-scale sheet sizes of 24 inches by 36 inches shall also be provided. Those plans shall, at a minimum, include the following supporting data:
(a) Preliminary plat.
I. Identification and description. Name of the proposed subdivision or re-subdivision; location by section-township-range or by other legal description; names and addresses of the owner or developer; and the person or firm who prepared the plat;
II. North arrow and date, including any revisions;
III. Boundary line survey;
IV. Adjacent lots or parcels, and their owner of record;
V. Zoning districts, existing and proposed, including adjacent lots or parcels;
VI. Location and width of existing right-of-way;
VII. Location and width of proposed right-of-way for dedication;
VIII. Lot lines showing dimensions, lot size (square feet), and setback lines;
IX. Lots for school site(s), park site(s) or other public grounds to be dedicated, if any;
X. Lots to be used for storage of stormwater runoff;
XI. Easements, existing and proposed.
(b) Preliminary engineering improvement plans and drawings.
I. A boundary line survey prepared by a professional land surveyor licensed in Illinois shall be used as a basis for the plans. The plans shall either include the surveyor's seal and signature, or provide a separate plat of survey bearing the same.
II. A description and elevation of benchmark(s) used and set. All design elevations shall be based on the USGS National American Vertical Datum (NAVD) of 1988.
III. All horizontal coordinates shall reference the Illinois East State Plane Coordinate System North American Datum 1983.
IV. Location map, with the project site delineated thereon.
V. Existing right-of-way and easements, including recording number.
VI. Proposed right-of-way, lot configuration, and easements indicating the use of the easement.
VII. Existing pavement (ex. streets, parking lots, sidewalks, paths), structures (ex. buildings, retaining walls), and underground features (ex. septic tanks, wells), as well as vegetation that is to be retained in place, including all trees with a diameter at breast height of ten inches or greater.
VIII. Proposed streets, parking lots, sidewalks, multi-use paths and other substantial pavement areas.
IX. Location of existing and proposed water, sanitary sewer and storm sewer systems.
X. A topographical map of existing conditions at one foot contour intervals, including adjacent property ground surface and top of foundation elevations.
XI. Proposed elevations at key high and low points, plus tentative building footprint(s) and top of foundation elevation(s) adjacent to stormwater special management areas.
XII. Location of any existing and proposed site runoff storage facilities.
XIII. Boundaries of stormwater special management areas, including wetlands, wetland buffers, floodplain, riparian buffers, and floodway.
XIV. Location of existing and proposed parkway trees.
(c) Preliminary stormwater management report.
I. Site runoff storage calculations and supporting documentation.
II. Offsite tributary area and drainage pattern through the site.
(d) Additional documentation.
I. A statement that the proposed subdivision (where contiguous) is or is not to be annexed to the village;
II. Draft of protective covenants, whereby the developer proposes to regulate land use in the subdivision and otherwise protect the proposed development in accordance with § 16-8-6;
III. For all proposed subdivisions larger than five acres in gross area, and for all planned developments, a written narrative describing the different land uses proposed to be developed on the subject property. If residential dwelling units are proposed, the total number of dwelling units, the distribution of these dwelling units, the number of dwelling units by building type distributed by bedroom count shall be quantified, as well as the projected number of people and the estimated number of students to reside within the dwelling units;
IV. For all proposed developments desiring new access onto DuPage County or IDOT highways, the developer shall concurrently submit such preliminary plan to the affected agency to coordinate access location and design. A commitment of the agency toward the viability of the proposed access shall be required as a condition of approval of the preliminary plat; and
V. The owner shall provide documentation that the site has been inspected by an individual qualified to determine whether or not a wetland is present on the site. If a wetland is present, then documentation shall be provided indicating that coordination with the United States Army Corps of Engineers and any other involved federal or state agency has been initiated.
(e) Traffic impact report (if required).
I. Required when directly impacting existing traffic signals or proposing new traffic signals.
II. Required when requested by the village or other affected agencies (ex. IDOT, DuDOT or township).
(4) Final plat approval procedures.
(a) Application. An application for final plat approval shall be made on forms furnished by the Community Development Director and include applicable copies of the supporting data required per § 16-8-4(N)(3). For applications that included a preliminary plat approval, the final plat shall conform substantially to the preliminary plat and its supporting documentation, as previously approved by the Village Board.
I. The developer may seek to have final approval of a geographic part or parts of the preliminary plat, and may delay application for approval of other parts until a later date or dates beyond one year with the approval of the Village Board. In such case only such part or parts of the plat as have received final approval shall be recorded.
(b) Upon the determination by the Community Development Director that the developer has supplied all drawings, maps and other documents required by this article to be furnished in support thereof, and if all such material meets all village requirements, the Community Development Director shall refer the application for final plat approval to the Plan Commission at their next regular meeting.
(c) The Plan Commission shall recommend approval or denial of the application for final plat approval. The recommendation of the Plan Commission, in the form of the meeting minutes, shall be forwarded to the Village Board and to the developer.
(d) The Village Board shall take action within 60 days from the date the developer filed the last required document or other plan, or within 60 days from the date of filing application for final plat approval, whichever date is later. The applicant and the Village Board may mutually agree to extend the 60 day period.
(e) Upon approval by the Village Board, the developer shall provide the village with one Mylar reproducible print, three contact prints of the approved final plat, and three copies of the approved supporting documents. The Village Clerk shall then collect the necessary signatures and shall record the plat with the County Recorder. The cost of such prints, copies, and recording fees shall be paid by the developer.
(f) If the Village Board fails to act upon the final plat within the time prescribed, the developer may, after giving 14 days written notice to the Village Board, file a complaint in the circuit court seeking to compel the Village Board to take final action and approve or deny the final plat of subdivision.
(g) The provisions set forth in §§ 16-9-7 and 16-9-8 shall supersede in its entirety Section 11-12-8 of the Illinois Municipal Code.
(5) Final plat application; supporting data. The application for final plat approval shall, at a minimum, include the following:
(a) Final engineering improvement plans. The plans shall be in substantial conformance with the preliminary engineering improvement plans, if applicable, and shall generally follow the village's guidance provided in the "Manual of Design Standards and Construction Specifications".
I. Title sheet.
II. Index of sheets.
III. Alignment, ties and benchmarks.
IV. General notes and specifications.
V. Summary of quantities.
VI. Master utility plan.
VII. Plan and profile sheets.
VIII. Utility (i.e. water main, sanitary sewer, storm sewer) sheets.
IX. Sanitary sewer profile sheets.
X. Grading plan.
XI. Soil erosion and sediment control plan.
XII. Intersections.
XIII. Traffic signals.
XIV. Street lighting & wiring plan.
XV. Pavement markings and signing.
XVI. Traffic control.
XVII. Typical sections.
XVIII. Construction details.
XIX. Cross sections (if required).
(b) Stormwater Management Certification. An application for a Stormwater Management Certification and all supporting documentation required by the DuPage County Stormwater and Flood Plain Ordinance, as adopted by § 16-5-7, in a format acceptable to the Engineering Services Director.
(c) Final plat. The final plat shall be accurately drawn in black waterproof drawing ink on sheets not to exceed 36 inches wide by 48 inches long and shall be at a scale of 100 feet equal to one inch. Where necessary, the plat may be on several sheets accompanied by an index sheet showing the entire subdivision. The final plat shall show the following:
I. Identification and description:
i. Name of subdivision or development.
ii. Location by section, township and range, or by other legal description.
iii. Names and addresses of the owner, subdivider or developer of the subdivision or development and the person or firm who prepared the plat.
iv. Graphic scale - not to exceed one inch equals 100 feet.
v. North point.
vi. Date.
II. Delineation of final plat:
i. Boundary of plat, based on an accurate traverse, with angles and lineal dimensions.
ii. Exact location, width and name of all streets within and adjoining the plat, and the exact location and widths of all crosswalks easements for right-of-way provided for public services and utilities.
iii. True angles and distances to the nearest established street lines or official monuments (not less than three), which shall be accurately described in the plat by location, size and elevation.
iv. Municipal, township, county or section lines accurately correlated to the lines of the subdivision or development by distances and angles.
v. Radii, internal angles, curvature points, tangent bearings, and lengths of all acres.
vi. All lot lines, with accurate dimensions in feet and hundredths, and identification number of each lot and block.
vii. Accurate location, elevation and description of permanent monuments.
viii. Accurate outlines and legal description of any areas to be dedicated or reserved for public use, with the purposes indicated thereon, and of any area to be reserved by deed covenant for common uses of all property owners.
ix. Proposed building setback lines on all lots and other sites accurately shown with dimension.
x. Proposed street address numbers, according to village numbering system for each subdivided lot or parcel.
III. Certificates. The certificates listed below shall appear on the final plat. The content of each certificate is detailed in Engineering Services' "Manual of Design Standards and Construction Specifications".
i. Plan Commission.
ii. Engineering Services Director.
iii. Village Finance Director.
iv. Village Clerk.
v. DuPage County Highway Department. (Only for developments with access onto county highways.)
vi. Illinois Department of Transportation. (Only for developments adjacent to or having access onto state highways.)
vii. County certificates and plats. For areas within one and one-half miles of the village.
viii. Owner's certificate.
ix. Notary certificate.
x. Professional land surveyor's certificate.
xi. Certification concerning drainage.
IV. Accompanying documents.
i. Protective covenants in accordance with § 16-8-6 which meet the approval of the Village Board shall be lettered on the final plat or attached thereto as an accompanying document.
ii. Certification by a registered Illinois Land Surveyor or Engineer certifying to accuracy of the survey and plat.
iii. Certification showing that all taxes and special assessments due on the property to be subdivided have been paid in full.
iv. Statement by owner dedicating streets, rights-of-way and any sites for public use, plus any conveyances running with the land.
v. Such other certificates, affidavits, endorsements, or other dedication as may be required by the Plan Commission or Village Board or otherwise by law in the enforcement of these regulations and recordation of plats.
(6) Compliance required for issuance of building permit. No building permit shall be issued for construction on any lot created through the final plat approval process until such final plat has been recorded.
(7) Security for public improvements.
(a) No work shall be started upon any development until the developer has posted security to ensure proper completion of the public improvements. The security shall be in an amount equal to not less than 110% of the estimated cost of the public improvements as approved by the Engineering Services Director and conditioned on the completion and acceptance by the Engineering Services Director of all public improvements within two years from the date that the security has been posted with the village. The village may also require separate security sufficient to ensure completion of all lot improvements on individual lots as required herein.
(b) The security required herein shall be secured by either:
I. A cash escrow account at a federally insured financial institution with resources of at least $35,000,000 under the provisions of an escrow agreement approved in form by the Village Attorney, in the amount required herein and subject to draw by the village to install the public improvements or pay such costs as are necessary to properly complete the public improvements as required herein; or
II. A non-declining, irrevocable letter of credit in such form as provided by the Village Attorney, issued by a federally insured financial institution with resources of at least $35,000,000 in the amount required herein and subject to draw by the village to install the public improvements or pay such costs as are necessary to properly complete the improvements as required herein. This letter shall provide that funds can be drawn only by the village; or
III. A surety bond provided in form by the Village Attorney from an insurance company licensed to do business in the state, in the amount required herein and subject to draw by the village to install the public improvements or pay such costs as are necessary to properly complete the public improvements as required herein.
(c) An underestimation of the costs to complete any public improvement or a failure to provide an estimate for any individual public improvement shall not relieve the developer of its responsibility to install the public improvements or prohibit the village from requiring the completion of the public improvements from the posted security. The estimate shall solely be a method for determining the amount of the security to be provided.
(d) Security posted with the village may, upon completion of specific public improvements but prior to final acceptance of all public improvements, be reduced, from time to time, upon recommendation of the Engineering Services Director and approval of the Village Board, so long as the security remaining shall be in an amount equal to 110% of the estimated value of the uncompleted work plus 10% of the estimated cost of the completed work, as determined by the Engineering Services Director. Upon final acceptance of such public improvements as provided herein and the posting of a maintenance security for the completed and accepted public improvements, such completion security shall be fully released.
(e) In the event that any time prior to the final acceptance of the public improvements, the amount of the security remaining unused by the village as cash or not drawn down under the irrevocable letter of credit, or no longer available through the surety, should not be adequate to cause the completion of the uncompleted public improvements, the village may upon seven days' written notice require the developer, or the owner of the property which benefits from the improvements, or their respective successors and/or assigns, to post additional security in an amount sufficient to cause the completion of the public improvements. The village may take this action on more than one occasion if the amount of the security at any time should be inadequate to permit the completion of public improvements. In the event that there is inadequate security to complete public improvements, the village shall not issue any building or occupancy permits.
(f) Where the required public improvements have not been installed within the terms of the performance security, the village may then declare the developer to be in default and may use the security amount on matters related to insuring the satisfactory completion of the public improvements.
(g) Where the village has caused the completion of public improvements which have not been adequately completed by the developer or the owner of the property or their respective successors and assigns, or where the village accepts maintenance responsibilities for public improvements which have not been completed or where bills of sale or other documentation has not been furnished to the village for public improvements associated with the subdivision, which will be owned by the village, the developer, the owner and their respective successors or assigns shall remain responsible for the full obligations contained within the village ordinances associated with the dedication and improvement of property until all provisions of this code associated with completion of the public improvements, the transfer of ownership and maintenance responsibility to the village have been properly completed.
(h) The Engineering Services Director is authorized to waive the surety requirements of this section for the installation of any public improvements by a governmental agency, provided that the installation of the public improvements is for a governmental purpose. The Engineering Services Director may require the governmental agency to execute an agreement binding the governmental agency to construct and install the public improvements in full accordance with village ordinances and all applicable laws, rules and regulations and to correct any deficiencies in such public improvements, as determined by the village.
(8) Inspection of public improvements. All public land improvements required under the provisions of this article shall be inspected during the course of construction by the Engineering Services Director or a duly designated deputy. During the course of construction of the improvements, the developer shall notify the Engineering Services Director 24 hours before any required inspection of said improvements.
(9) Acceptance of public improvements.
(a) Upon written notification that the developer believes the public improvements ready for acceptance, the Engineering Services Director, the design engineer and the contractor shall make an inspection of the completed work. The Engineering Services Director shall prepare a list of all items not meeting the requirements of this article (i.e. "punchlist").
(b) The developer shall cause all items not meeting the requirements of this article to be corrected within 60 days of the receipt of such items.
(c) Following the completion of all work required by the inspection, the developer shall submit the following materials (the acceptance documents):
I. A certificate of completion, signed by the design engineer, inspecting engineer and by the developer in the form approved by the village, certifying that the public improvements have been completed in accordance with the requirements of this title;
II. A title insurance policy, indicating that the public improvements have been completed, are ready for acceptance by the village, and are free and clear of any and all liens and encumbrances;
III. A bill of sale, including an Inventory of public improvements and an exhibit of public improvements, transferring title to all public improvements to the village; and
IV. Maintenance security as required by division (O)(10) of this section.
V. One set of as-built plans bearing the signature and seal of the Illinois registered professional engineer or licensed land surveyor who prepared it.
(d) Acceptance by the Village Board. The acceptance of the required public improvements shall be made only by the adoption of a resolution by the Village Board after all the provisions of this section have been met.
(10) Maintenance security.
(a) At the time of the acceptance of the required public improvements by the Village Board as provided herein, the developer, or its successors and/or assigns shall file a maintenance guarantee with the Village Board in the amount of 10% of the estimated cost of the required public improvements and in a form satisfactory to the Village Attorney. The guarantee may be held by the village for a period of 18 months after acceptance of the public improvements for the purpose of:
I. Guaranteeing and securing the correction of any defect in material or workmanship furnished for any public improvements; and
II. Guaranteeing against any damage to the public improvements by reason of the settling of ground, base or foundation thereof.
(b) The maintenance guarantee shall provide that, if the defects have so developed and have not been corrected by developer or its successors or assigns, then the guarantee may be applied by the village to correct such defects.
(c) If the date of acceptance of the public improvements results in the 18 month maintenance period ending between November 1st and April 30th, the maintenance guarantee shall be extended to the following May 1st.
(11) Design standards and construction specifications. The Engineering Services Director maintains and may amend from time to time, standards and specifications for the design, installation, and construction of public and private improvements. Such standards and specifications shall be compiled into a manual titled "Manual of Design Standards and Construction Specifications " (DSCS). The design and construction of all required land improvements, whether intended to remain privately-owned or dedicated to the village (i.e. public), shall comply with the requirements established in the version of the DSCS Manual in effect at the time of the developer's application for the final plat of subdivision.
(P) Annexation (See Figure 16-8-4(P)).
(1) Applicability. Annexation of unincorporated land to the village shall require review and approval by the Village Board. The following procedure is established to ensure the public health, safety, and welfare through the provision of further growth and expansion of the community through sound annexation and good planning practices.
(2) Application. An application for annexation shall be submitted to the Community Development Director, along with the following information:
(a) Plat of survey with legal description for all parcels within the land proposed to be annexed, depicting the location of all structures and setbacks from property lines.
(b) Plat of annexation depicting the boundary of all parcels proposed to be annexed, including adjacent street rights-of-way when appropriate.
(c) An executed petition for annexation.
(d) Cover letter addressed to the Village Board, explaining the applicant's interest in the property and details of the annexation request including a description of the future plans for the development and use of the property.
(e) Proof of property ownership or consent letter from the property owner.
(f) Annexation agreement, if required.
(3) Annexation review criteria. The Village Board shall have the sole discretion to approve or disapprove applications seeking the annexation of land to the village.
(4) Annexation fees. In addition to the fees for processing an application for annexation and, if applicable, an annexation agreement, as set forth in Chapter 6, Article 13 of the Village Code of Ordinances, a per acre annexation fee established by the Village Fee Schedule shall be due and paid to the village prior to the recordation of the ordinance annexing the property.
(5) Annexation ordinance.
(a) Each annexation ordinance shall contain a clause making the payment of annexation fees a binding obligation upon the successors in title of the person requesting the annexation.
(b) The annexation ordinance shall be recorded by the Village Clerk in the office of the DuPage County Recorder of Deeds, thereby making the obligations under the ordinance a matter of public record to any successors in title of the owner at the time the property is annexed.
(c) The Village Clerk shall also file a certified copy of the annexation ordinance with the following:
I. DuPage County Clerk;
II. DuPage County Board of Election Commissioners;
III. Northern Illinois Gas Company;
IV. Commonwealth Edison Company;
V. AT&T;
VI. United States Post Office; and
VII. Illinois Department of Revenue.
(6) No construction or improvements shall be made on any property annexed until payment in full shall be made of all annexation fees. Nothing herein contained shall be construed as compelling the village to make any extension or improvements or to expend any monies for such purpose in relation to the annexation.
(7) Extension of annexation agreements. Where land has been annexed to the village pursuant to an annexation agreement, and at least five years of that agreement have expired, and the village and the owner have concluded that it is desirable to extend the terms of that agreement beyond the period established by statute, the village and the owner may, utilizing the procedures established by state law for the extension of an annexation agreement, extended the terms of the agreement for up to an additional period of 20 years. The village intends to fully exercise its home rule powers through the passage of this division and finds that it will benefit the citizens of the community and will assist in the appropriate planning and development of the village to provide an option for property owners and the corporate authorities of the village to mutually benefit from the terms of an extended annexation agreement.
(Ord. 2021-05-15, passed 5-3-2021; Ord. 2021-08-33, passed 8- 2-2021; Ord. 2023-03-08, passed 3-20-2023)