CHAPTER 15: MISCELLANEOUS REGULATIONS
      Article
         1.   CIVIL EMERGENCIES
         2.   HANDBILLS AND POSTING NOTICES
         3.   PARADES AND PUBLIC ASSEMBLIES
         4.   PROCEDURE FOR SETTLING AND COMPROMISING ORDINANCE VIOLATIONS AND INDEX OF MINIMUM FINES
         5.   SOUND AMPLIFIERS
         6.   FAIR HOUSING
         7.   ANNEXATIONS
         8.   TOWN CENTER RULES AND REGULATIONS
         9.   POLLUTION CONTROL FACILITIES
         10.   ADMINISTRATIVE ADJUDICATION SYSTEM
ARTICLE 1:  CIVIL EMERGENCIES
Section
   15-1-1   Definitions
   15-1-2   Declaration of civil emergency
   15-1-3   General curfew order
   15-1-4   Other orders
   15-1-5   Notice
   15-1-6   Length of effectiveness
   15-1-7   Penalty
Cross-reference:
   Emergency Management Agency, see Ch. 3, Art. 5
§ 15-1-1  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CIVIL EMERGENCY.
      (1)   A riot, or any unlawful assembly or gathering of three or more persons, characterized by the use of force or violence upon persons or property, or threatened or obvious intended use of force or violence upon persons or property accompanied by immediate power to execute, acting together or in conjunction with each other, without authority of law, which has or could result in injury to persons or property, or jeopardize the public peace, safety and welfare.
      (2)   Any natural disaster, or human-made calamity, including flood, conflagration, cyclone, tornado, earthquake, explosion or bombing, within the corporate limits of the village or within the area adjacent to the village, resulting in the death or injury of persons or in the damage or destruction of property to such an extent that extraordinary measures must be taken for the protection and preservation of the public peace, safety and welfare within the village.
   CURFEW. A prohibition against any person or persons, standing, sitting, lying, loitering, walking, running or being within or upon any vehicle, in or upon any alley, street, highway, public property or vacant premises in any geographical area within the corporate limits of the village, except persons officially designated to duty with reference to such civil emergency.
§ 15-1-2  DECLARATION OF CIVIL EMERGENCY.
   Whenever a civil emergency, as defined in § 15-1-1, exists, the Village President shall declare the existence by means of a written declaration, signed under oath, setting forth the facts which constitute the civil emergency.
§ 15-1-3  GENERAL CURFEW ORDER.
   After proclamation of a civil emergency by the Village President, the Village President may order a general or limited curfew applicable to such geographical areas of the village or to the village as a whole, as the Village President deems advisable, and applicable during such hours of the day or night as the Village President deems necessary for the protection and preservation of the public peace, safety and welfare.
§ 15-1-4  OTHER ORDERS.
   After the proclamation of a civil emergency, the Village President may also, in the interest of public peace, safety and welfare, make any or all of the following orders:
   (A)   Order the closing of all liquor stores and establishments, including restaurants and private clubs or portions thereof, wherein the consumption of alcoholic liquor is permitted;
   (B)   Prohibit the sale, serving or giving away of any intoxicating liquor in or by any store, restaurant, private club or other establishment having an alcoholic liquor license issued by the village;
   (C)   Order the discontinuance of the sale of alcoholic liquor by any wholesaler or retailer;
   (D)   Order the discontinuance of selling, distributing or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;
   (E)   Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever; and
   (F)   Such other orders as are imminently necessary for the protection of life and property.
§ 15-1-5  NOTICE.
   Upon issuance of the proclamation authorized, it shall be filed with the Village Clerk as soon as practicable, and the Chief of Police shall notify the news media of the village and shall cause three copies of the proclamation declaring the existence of the civil emergency to be posted in three prominent places within the village.
§ 15-1-6  LENGTH OF EFFECTIVENESS.
   A state of civil emergency, declared as provided in this article, shall expire not later than the adjournment of the first regular meeting of the corporate authorities after the state of civil emergency is declared.
§ 15-1-7  PENALTY.
   (A)   It shall be unlawful for any person to violate the provisions of any curfew or any other order issued by the Village President under the provisions of this article, or to fail or refuse to obey promptly any reasonable order, direction or command issued by any police officer acting in the performance of his or her duty or power in the enforcement of the provisions of this article for the preservation of the public peace, health and safety.
   (B)   Any person guilty of such violation shall, upon conviction thereof, be punished by a fine of not less than $100, nor more than $750, for each offense.
ARTICLE 2:  HANDBILLS AND POSTING NOTICES
Section
   15-2-1   Placing handbills on vehicles prohibited
   15-2-2   Depositing handbills on vacant premises prohibited
   15-2-3   Placing newspapers and handbills on private property
   15-2-4   Persons liable
   15-2-5   Posting notices prohibited
§ 15-2-1  PLACING HANDBILLS ON VEHICLES PROHIBITED.
   It shall be unlawful for any person to throw or deposit any commercial or non-commercial handbill in or upon any vehicle; provided, however, that, it shall not be unlawful in any public place for a person to hand out or distribute, without charge to the receiver thereof, a commercial or non-commercial handbill to any occupant of a vehicle who is willing to accept it.
§ 15-2-2  DEPOSITING HANDBILLS ON VACANT PREMISES PROHIBITED.
   It shall be unlawful for any person to throw or deposit any commercial or non-commercial handbill in or upon any private premises which, because of its appearance or the presence of unremoved handbills, newspapers or magazines, appears to be unoccupied.
§ 15-2-3  PLACING NEWSPAPERS AND HANDBILLS ON PRIVATE PROPERTY.
   It shall be unlawful for any person to place newspapers or commercial or non-commercial hand-bills on private property in a manner resulting in their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
§ 15-2-4  PERSONS LIABLE.
   It shall be a violation of this article for any person to instruct agents or employees to distribute commercial or non-commercial handbills and news-papers in a manner inconsistent with the prohibitions of this article or to fail to supervise agents or employees so that a violation of this article occurs.
§ 15-2-5  POSTING NOTICES PROHIBITED.
   It shall be unlawful for any person to post or affix any notice, advertisement, poster or other paper or device calculated to attract the attention of the public to any lamp post, public utility pole, tree or upon any public structure, building or public property, except as may be authorized by the Sign Code, being Ch. 6, Art. 11, of this code.
(Ord. 92-06-64, passed 6-9-1992)
ARTICLE 3:  PARADES AND PUBLIC ASSEMBLIES
Section
   15-3-1   Definitions
   15-3-2   Permit required
   15-3-3   Application
   15-3-4   Time
   15-3-5   Not to obstruct traffic
   15-3-6   Grant or denial of permit
   15-3-7   Procedure when permit denied
   15-3-8   Simultaneous applications
   15-3-9   Issuance of multiple permits
§ 15-3-1  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   PARADE. Any march, ceremony, show, exhibition, pageant or procession of any kind, or similar display, in or upon any public way or other public property.
   PUBLIC ASSEMBLY. Any outdoor meeting, congregation or gathering of persons held on public property for the purpose of expressive activity.
(Ord. 92-05-60, passed 5-26-1992)
§ 15-3-2  PERMIT REQUIRED.
   No person shall participate in or hold a parade or any public assembly unless a written permit therefor shall first be obtained.
(Ord. 92-05-60, passed 5-26-1992)
§ 15-3-3  APPLICATION.
   (A)   An application to conduct a parade or public assembly shall be made in writing to the Village Manager at least 72 hours prior to the event by a representative of the group seeking the permit.
   (B)   The application to conduct a parade or public assembly shall set forth the following information:
      (1)   The name, address and telephone number of the person seeking to conduct such parade or public assembly;
      (2)   If the parade or public assembly is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization;
      (3)   The name, address and telephone number of the person who will be the parade Chairperson or person in charge of the public assembly;
      (4)   The date when the parade or public assembly is to be conducted;
      (5)   The route to be traveled, the starting point, the termination point and the location of speakers’ platforms;
      (6)   The approximate number of persons who, and animals and vehicles which, will constitute such parade or public assembly; the type of animals and description of the vehicles;
      (7)   The hours when such parade or public assembly will start and terminate;
      (8)   A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed;
      (9)   The location by streets of any assembly areas for such parade or public assemblies;
      (10)   The time at which units of the parade will begin to assemble at any such assembly area or areas;
      (11)   The interval of space to be maintained between units of such parade; and
      (12)   If the parade is designed to be held by and on behalf of or for any person other than the applicant, the applicant for such permit shall file with the Village Manager a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his or her behalf.
(Ord. 92-05-60, passed 5-26-1992)
§ 15-3-4  TIME.
   All parades on public ways and all public assemblies shall be held at times other than peak traffic periods (7:30 a.m. to 9:00 a.m. and 4:30 p.m. to 6:00 p.m., Monday through Saturday) and not before noon on Sundays. All public assemblies shall conclude by midnight.
(Ord. 92-05-60, passed 5-26-1992)
§ 15-3-5  NOT TO OBSTRUCT TRAFFIC.
   Parades and public assemblies shall be limited to such numbers as will not obstruct traffic, either vehicular or pedestrian, in an unreasonable manner.
(Ord. 92-05-60, passed 5-26-1992)
§ 15-3-6  GRANT OR DENIAL OF PERMIT.
   Following receipt of an application or reapplication for a parade or public assembly meeting, and its approval, the Village Manager shall either issue a permit within 24 hours, or reject the application for a permit for the holding of a parade or public assembly.
(Ord. 92-05-60, passed 5-26-1992)
§ 15-3-7  PROCEDURE WHEN PERMIT DENIED.
   Permits may be rejected on the basis of improper or incomplete application. The reasons for rejection shall be made known to the applicant, in writing, at the time of rejection. The applicant shall be allowed to correct or complete any improper application and resubmit it to the Village Manager within 24 hours prior to the time of the event.
(Ord. 92-05-60, passed 5-26-1992)
§ 15-3-8  SIMULTANEOUS APPLICATIONS.
   If the Village Manager shall receive more than one application for a parade or public assembly at the same time and the same place, or on the same day, the application filed first in time shall take precedence. An application shall be considered to be “at the same time” if the event is scheduled to commence within two hours before or after the holding of another event. An application shall be considered to be “at the same place” if the requested parade route comes at any point within six blocks or any equivalent distance from the route of another parade, or if the public assembly is to be conducted within one-half mile of another public assembly. If the Village Manager receives an application for more than one parade or public assembly in a single day, he or she may set a time for the duration of each parade or public assembly, which time shall not, without the consent of the group seeking the permit, be less than three hours.
(Ord. 92-05-60, passed 5-26-1992)
§ 15-3-9  ISSUANCE OF MULTIPLE PERMITS.
   The Village Manager shall issue permits for more than a single parade during one day in accordance with the requirements of this article. However, he or she may not issue multiple permits beyond the point at which the issuance of an additional permit would require the continuing diversion of so great a number of police officers or other village personnel so as to prevent normal police protection or other services to the village.
(Ord. 92-05-60, passed 5-26-1992)
ARTICLE 4:  PROCEDURE FOR SETTLING AND COMPROMISING ORDINANCE VIOLATIONS AND INDEX OF MINIMUM FINES
Section
   15-4-1   Notice of violation
   15-4-2   Hang-on tickets
   15-4-3   Payment of settlement
   15-4-4   Prosecutions
   15-4-5   Index of minimum fines
§ 15-4-1  NOTICE OF VIOLATION.
   All persons accused of violating or failing to comply with any provisions of the code of ordinances of the village or any other ordinances of the village not reprinted within the loose-leaf volume entitled “Code of Ordinances of the Village of Carol Stream”, including, but not limited to, ordinances relating to traffic control, shall be notified of such violation or failure to comply in one of the following two ways:
   (A)   By arrest, or by the issuance of a formal complaint in the Circuit Court of DuPage County, which complaint shall require the appearance of the defendant at the Circuit Court upon a noted day. A violation or a failure to comply commenced in this manner shall not be settled or compromised, but shall proceed to a hearing at which the defendant may plead “guilty” or “not guilty”; or
   (B)   By the issuance to the defendant of a “hang-on ticket”. A violation or failure to comply commenced in this manner may be settled or compromised as provided in this article.
§ 15-4-2  HANG-ON TICKETS.
   (A)   A person receiving a “hang-on ticket” may settle or compromise such ticket by payment of the amount shown on the ticket or, if no amount is shown on the ticket, then the amount of the minimum fine provided in this article for the offense, at the village building of the village within ten days after the issuance of such ticket or within 30 days if such ticket is for a violation of §§ 8-2-7, 8-2-8, 8-2-9, 8-2-10, 8-2-11, 8-2-12, 8-2-13, 8-2-14, 8-2-15, and 8-2-16,  §§ 8-7-1, 8-7-2 and 8-7-3, and §§ 7, 8, 9, 10 and 16 of Village Ord. 90-07-55. If such ticket is not settled or compromised within the initial ten- or 30-day period, it may be settled or compromised by the payment of twice the amount of such ticket, or if no amount is shown on the ticket, then twice the amount of the minimum fine provided in this article for the offense, for a period of 20 days after the lapse of the initial ten- or 30-day period.
   (B)   In the case of failure to make payment as herein provided, the officer issuing the ticket shall issue a written notice to appear and complaint which shall state the name and address of the person, if known; the offense committed; be signed by the officer; and request the person to appear at the Circuit Court of DuPage County at a specific time and date. The notice to appear and complaint shall be served in the manner provided by the rules of the Circuit Court of DuPage County.
   (C)   In the event that the person fails to appear in court on the date set forth in the notice to appear and complaint, the matter shall be referred to the Circuit Court of DuPage County for issuance of summons or an arrest warrant and the setting of a date for a hearing.
(Ord. 93-08-77, passed 8-24-1993; Ord. 2003-12-85, passed 12-1-2003)
§ 15-4-3  PAYMENT OF SETTLEMENT.
   Payment of a settlement and compromise amount shall be made to the village in person or by mail, and a receipt shall be issued for all money so received.
§ 15-4-4  PROSECUTIONS.
   Officers of the Village Police Department are hereby authorized to refrain from initiating a prosecution for the alleged offense for which “hang-on tickets” are issued until the expiration of 11 days from the date of issuance of the ticket, as provided in this article.
§ 15-4-5  INDEX OF MINIMUM FINES.
   (A)   This index in no way limits the right of the village to assess or to seek a higher fine than is listed herein, or to impose or seek any other remedy which is provided by ordinance or other law. Except as otherwise provided within the Carol Stream Code of Ordinances, the maximum penalty which may be assessed in the event of any violation of the code of ordinances of the village is $750 per offense.
   (B)   This index is provided for reference purposes only. Failure to include an existing or future minimum fine within this index in no way invalidates such fine.
 
Violation
Minimum Fine for Violation
Administration
$10
Animals and fowl
$10
Buildings and building regulations
   Building Code
$150 - maximum fine $1,500
   Electrical Code
$150 - maximum fine $1,500
   Energy Code
$150 - maximum fine $1,500
   Existing Building Code
$150 - maximum fine $1,500
   Fire Code
$150 - maximum fine $1,500
   Fuel Gas Code
$150 - maximum fine $1,500
   Mechanical Code
$150 - maximum fine $1,500
   Plumbing Code
$150 - maximum fine $1,500
   Private swimming pools
$150 - maximum fine $1,500
   Property Maintenance Code
$150 - maximum fine $1,500
   Residential Code
$150 - maximum fine $1,500
   Solar Energy Code
$150 - maximum fine $1,500
   Stop work orders
$150 - maximum fine $1,500
Business and licensing regulations
$50
General provisions
$10
Health regulations
$200
Intoxicating liquors
$50
Miscellaneous provisions and offenses
   Cannabis possession
$75
   Firearms
$75
   Litter
$75
   Miscellaneous
$10
   Parades and open air meetings
$10
   Retail theft
$75
   Weeds and plants
$75
Police alarm systems
$25
Regulations of dogs and animals
   Control of defecation
$100
   Dangerous animal
$100
   Dog license
$10
   Vicious animal
$400
Streets, sidewalks and driveways
$10
Subdivisions
   All other violations
$10
   Construction of public improvements, sale, offer for sale, lease or offer for lease prior to approval of final plat
$25
   Flood prone areas
$100
   Land movement
$10
   Stop work orders
$100
Taxation and finance
$10
Traffic
   All other parking
$30
   Operation of motor vehicle on sidewalk
$30
   Operation of motorized skateboards
$30
Water generally and storm water drainage
   Turning on water without permission
$50
   Unauthorized sprinkling
$50
   Use of water from fire hydrants
$50
Zoning
$75
 
(Ord. 93-08-77, passed 8-24-1993; Ord. 95-06-26, passed 6-5-1995; Ord. 2003-12-85, passed 12-1-2003; Ord. 2006-02-05, passed 2-6-2006; Ord. 2008-04-15, passed 4-21-2008; Ord. 2017-11-62, passed 11-6-2017; Ord. 2019-05-16, passed 5-6-2019; Ord. 2019-07-22, passed 7-15-2019)
ARTICLE 5:  SOUND AMPLIFIERS
Section
   15-5-1   Permit required
   15-5-2   Permit fee
   15-5-3   Application
   15-5-4   Issuance of permits
   15-5-5   Restrictions
§ 15-5-1  PERMIT REQUIRED.
   (A)   It shall be unlawful to maintain or operate any sound amplification device by which sounds are magnified and made heard over any public street or public place without having first obtained a permit therefor.
   (B)   No permit shall be required for amplification devices used on private property in residential districts only. However, all restrictions contained in § 14-2-17(C) and § 15-5-5 shall also apply to amplification devices on private property in residential districts, including during block parties.
   (C)   The provisions of this section shall not apply to audio media devices in homes or in private pleasure vehicles, when the same are operated in such a manner as not to be audible at a distance of 50 feet from such vehicle; to noise devices, bands, or other musical devices used in any public parade, procession or event which is operated under a permit in accordance with this code; or to church bells, chimes or carillons.
(Ord. 92-07-79, passed 7-14-1992; Ord. 92-08-98, passed 8-25-1992; Ord. 2013-05-17, passed 5-6-2013)
§ 15-5-2  PERMIT FEE.
   The fee for the use or operation of any radio receiving set, talking machine, amplifier or other similar device to be operated from a fixed location or in a moving vehicle on any public place shall be $25 for any day or part of a day for which the permittee desires to have a permit.
(Ord. 92-07-79, passed 7-14-1992)
§ 15-5-3  APPLICATION.
   Any person, firm or corporation desiring a permit for the use or operation of such a device shall file an application with the Village Manager upon a form provided therefor, setting forth the name and address of the applicant, the name and address of the owner of such device, the date upon which it is intended to be used, the purpose for its use and such other information as may be prescribed.
§ 15-5-4  ISSUANCE OF PERMITS.
   Such permit shall be issued upon the payment of the fee to the Village Manager, as provided above, and shall permit the use of such device subject to the terms and conditions of this article, only upon the date specified on such permit and no other.
§ 15-5-5  RESTRICTIONS.
   (A)   It shall be unlawful to maintain or operate any sound amplification device by which sounds are magnified and made heard over any public street or public place within the village limits between the hours of 10:00 p.m. and 9:00 a.m. on any day.
   (B)   No person shall use, operate or employ any sound amplification device within a radius of two blocks from any hospital or within the radius of two blocks from any church or other place of worship while services are being held. This section shall not apply to church bells, chimes or carillons.
   (C)   No person shall cause or permit to be emitted from any such device any lewd, obscene, profane or indecent language or sounds, or allow any false representation of any matter, product or product advertised whereby the sale of which is prohibited by law, ordinance or statute.
   (D)   This section shall not apply to audio media devices in homes or in private pleasure vehicles, when the same are operated in such a manner as not to be audible at a distance of 50 feet from such vehicle.
(Ord. 92-07-79, passed 7-14-1992; Ord. 2013-05-17, passed 5-6-2013)
ARTICLE 6:  FAIR HOUSING
Section
   15-6-1   Declaration of policy
   15-6-2   Definitions
   15-6-3   Committee created, membership
   15-6-4   Qualifications of members
   15-6-5   Appointment; term
   15-6-6   Chairperson
   15-6-7   Quorum; majority
   15-6-8   Powers; duties
   15-6-9   Unlawful real estate practices
   15-6-10   Advertisements, signs, notices
   15-6-11   Withholding housing
   15-6-12   Refusal of offers
   15-6-13   Refusal to negotiate
   15-6-14   Discriminatory terms
   15-6-15   Discrimination in lending
   15-6-16   Representation
   15-6-17   Miscellaneous violations
   15-6-18   Complaints of violation
   15-6-19   Service of complaint; investigation
   15-6-20   Procedure upon determination of probable cause
   15-6-21   Hearing without further mediation
   15-6-22   Hearings by Committee
   15-6-23   Enforcement
   15-6-24   Time limitations
   15-6-25   Remedies
§ 15-6-1  DECLARATION OF POLICY.
   It is hereby declared to be the policy of the village and the purpose of this article, in the exercise by the village of its police and regulatory powers for the protection of the public safety, for the health, morals, safety and welfare of the persons in and residing in the village, and for the maintenance and promotion of commerce, industry and good government in the village, to secure to all persons living or working or desiring to live or work in the village a fair opportunity to purchase, lease, rent or occupy real estate without discrimination based on race, color, religion or national origin.
§ 15-6-2  DEFINITIONS.
   For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COMMITTEE. The Ad Hoc Carol Stream Fair Housing Committee.
   LEASE. Includes sublease, assignment or rental and includes any contract to do any of the foregoing.
   NATIONAL ORIGIN. Includes the national origin of an ancestor.
   OWNER. Any person who holds legal or equitable title to, or owns any beneficial interest in, any real property or who holds legal or equitable title to shares of, or holds any beneficial interest in, any real estate cooperative which owns any real property.
   PERSON. Includes one or more individuals, corporations, partnerships, associations, legal representatives, mutual companies, unincorporated organizations, trusts, trustees, trustees in bankruptcy, receivers and fiduciaries.
   PURCHASE. Includes any contract to purchase.
   REAL ESTATE TRANSACTION. The purchase, sale, exchange, rental or lease of any real property, or an option to do any of the foregoing.
   REAL PROPERTY. Any real estate, vacant land, building or structure within the village limits.
   SALE. Includes any contract to sell, exchange or to convey, transfer or assign legal or equitable title to or a beneficial interest in real property.
§ 15-6-3  COMMITTEE CREATED, MEMBERSHIP.
   Pursuant to the village policy established in this article, the Village President is hereby authorized to establish, at his or her discretion, an ad hoc Fair Housing Committee, which shall consist of five members appointed by the Village President with the consent and approval of the Board of Trustees.
§ 15-6-4  QUALIFICATIONS OF MEMBERS.
   All five members of the ad hoc Fair Housing Committee shall be appointed from the community at large and shall be citizens who have previously exhibited commitment and interest in various activities concerned with improving community human relations.
§ 15-6-5  APPOINTMENT; TERM.
   Members of the ad hoc Fair Housing Committee shall be appointed by the Village President with the consent and approval of the Board of Trustees. The ad hoc Fair Housing Committee shall cease to exist at the expiration of 30 days from the date of appointment or upon the submission of the report required under this article, whichever occurs sooner, unless the existence of the Committee is extended by the Village President with the consent and approval of the Board of Trustees.
§ 15-6-6  CHAIRPERSON.
   The Village President shall designate one of the members of the ad hoc Fair Housing Committee to be its Chairperson.
§ 15-6-7  QUORUM; MAJORITY.
   Three members of the ad hoc Fair Housing Committee shall constitute a quorum and the concurrence of a majority shall be sufficient for any Committee action.
§ 15-6-8  POWERS; DUTIES.
   The ad hoc Fair Housing Committee shall have and exercise the following duties and powers:
   (A)   Investigate allegations and complaints of discrimination in housing as a result of the race, color or religion or national origin of any person seeking housing within the village. Any complaint or allegation of discrimination shall be made in writing to the corporate authorities of the village and shall fully set forth circumstances of the alleged violation and the source of all information upon which the complaint is based, including the names and addresses of all complainants. A copy of such written complaint shall be mailed to the party alleged to be engaging in housing discrimination;
   (B)   Report to the corporate authorities no later than 30 days from the date the Committee was appointed, the Committee’s results of its investigation regarding housing discrimination and any recommendations which the Committee wishes to make therefor; and
   (C)   Any other duties and powers which are granted by the Village President with the consent and approval of the Board of Trustees when the ad hoc Fair Housing Committee is created or at any time during its existence.
§ 15-6-9  UNLAWFUL REAL ESTATE PRACTICES.
   The following acts, as set forth in §§ 15-6-10 through 15-6-17, are hereby prohibited acts by an owner, real estate broker, real estate salesperson or any other person acting as agent for the owner of any real estate and are hereby declared to constitute unlawful real estate practices, and the commission or omission of any of these acts shall be deemed a violation of this article.
§ 15-6-10  ADVERTISEMENTS, SIGNS, NOTICES.
   It shall be unlawful and an unlawful real estate practice for any person to publish or circulate a statement, advertisement or notice, or to post or erect or cause any person to post or erect, any sign or notice upon any real property, indicating any intent to sell or lease any real property in a manner that is unlawful under this article.
§ 15-6-11  WITHHOLDING HOUSING.
   It shall be unlawful and an unlawful real estate practice for any person to represent to any person that any real property is not available for inspection, purchase, sale, lease or occupancy when in fact it is so available, or otherwise to withhold real property from any person because of race, color, religion or national origin.
§ 15-6-12  REFUSAL OF OFFERS.
   It shall be unlawful and an unlawful real estate practice for any real estate agent or other person to refuse to receive or to fail to transmit a bona fide offer for the purchase, sale, exchange or lease of any real property because of the race, color, religion or national origin of the person making such offer.
§ 15-6-13  REFUSAL TO NEGOTIATE.
   It shall be unlawful and an unlawful real estate practice for any person to refuse to negotiate for, enter into or perform any sale or rental of any real property, because of the race, color, religion or national origin of any party to such sale or rental, or of any member of the family of any such party, or of any person using or occupying or intending to use or occupy such real property, or of any person using or occupying any real property in the area in which such real property is located.
§ 15-6-14  DISCRIMINATORY TERMS.
   It shall be unlawful and an unlawful housing practice for any person to sell or rent or offer to sell or rent real property on terms, conditions or privileges that discriminate between persons because of race, color, religion or national origin.
§ 15-6-15  DISCRIMINATION IN LENDING.
   It shall be unlawful and an unlawful real estate practice for any lending institution to refuse to negotiate for, enter into or perform any agreement to lend or guarantee the loan of funds, or in making, agreeing to make, arranging or negotiating any loan or guarantee of funds, for the purpose of financing the purchase or sale, construction, lease, rehabilitation, improvement, renovation or repair of any real property, or to offer or agree to terms, conditions or privileges that discriminate between persons because of race, color, religion or national origin of any party to such agreement, or of any member of the family of any such party, or of the residents of the area in which such real property is located.
§ 15-6-16  REPRESENTATION.
   It shall be unlawful and an unlawful real estate practice for any person, for the purpose of inducing any other person to enter into a real estate transaction with such person, his or her principal or his or her agent:
   (A)   To represent that a change has occurred, will occur or may occur with respect to race, color, religion or national origin in the composition of the owners or occupants in any block, neighborhood or area in which the real property (which is the subject of the real estate transaction) is located; or
   (B)   To represent that a change, with respect to the race, color, religion or national origin in the composition of the owners or occupants in any block, neighborhood, or area will result in the lowering of property values, or in an increase in criminal or antisocial behavior, or in a decline in the quality of schools, in such blocks, neighborhood or area.
§ 15-6-17  MISCELLANEOUS VIOLATIONS.
   It shall be unlawful and an unlawful real estate practice for any person:
   (A)   To aid, abet, incite or coerce a person to commit an unlawful real estate practice;
   (B)   To deliberately and knowingly refuse examination of copies of any listing of real property in the village to any person because of race, color, religion or national origin;
   (C)   To enter into a listing agreement which prohibits the inspection, sale, lease or occupancy of real property to any person because of race, color, religion or national origin; and/or
   (D)   To knowingly and willfully interfere with the performance of a duty or the exercise of a power by the Fair Housing Committee or one of its members or representatives.
§ 15-6-18  COMPLAINTS OF VIOLATION.
   (A)   Any person aggrieved in any manner of any violation of any provision of this article may file with the Committee a written verified complaint setting forth his or her grievance.
   (B)   The complaint shall state:
      (1)   The name and address of the complainant;
      (2)   The name and address of the person against whom the complaint is brought, if known to the complainant;
      (3)   The alleged facts surrounding the alleged violation of this article; and
      (4)   The name and address of all persons believed to have knowledge concerning the alleged facts.
   (C)   The Committee shall provide a printed form of complaint for the use of aggrieved persons and such complaint shall be accompanied by a filing fee of $25 to be deposited with the village.
§ 15-6-19  SERVICE OF COMPLAINT; INVESTIGATION.
   After the filing of any complaint, the Fair Housing Committee shall serve a copy of the complaint on the party or parties charged and the Chairperson of the Committee shall designate a panel to make a prompt investigation in connection therewith.
§ 15-6-20  PROCEDURE UPON DETERMINATION OF PROBABLE CAUSE.
   If the panel shall determine after such investigation that probable cause exists for the allegations of the complaint filed under this article, the panel shall set a time and date for a conference, and at such meeting, the panel or any member thereof shall interview the complainant and the person or persons against whom the complaint has been directed and shall attempt to resolve the complaint by all proper methods of conciliation and persuasion.
§ 15-6-21  HEARING WITHOUT FURTHER MEDIATION.
   If at any time within 60 days after the date of filing of a complaint pursuant to this article such panel shall determine that such attempts at conciliation would not be in furtherance of the objectives of this article, the Committee shall thereupon proceed promptly to a full hearing on the complaint.
§ 15-6-22  HEARINGS BY COMMITTEE.
   (A)   Committee hearings shall be conducted by the entire Fair Housing Committee, or a quorum thereof, upon due and reasonable notice to all parties. The Committee shall have power to administer oaths and to take sworn testimony. Any party alleged to have violated this article shall be entitled to be represented by counsel and shall have the right to call witnesses on his or her own behalf and to cross-examine witnesses.
   (B)   At the conclusion of any hearing, the Committee shall render to the Village President and Board of Trustees a written report with recommendations, which shall also be served by mail upon the complainant and the party or parties charged. No report shall be delayed more than 60 days after the first issuance of notice for commencement of a hearing.
   (C)   If the Fair Housing Committee determines that a grievance exists, or if the complaint is settled by conciliation, then, upon recommendation of the committee, the filing fee of $25 shall be refunded. However, if no grievance exists, or the charges of such complaint are not sustained, the filing fee shall not be refunded.
§ 15-6-23  ENFORCEMENT.
   (A)   The Fair Housing Committee shall be empowered, at the conclusion of the proceedings, to recommend to the Village President and Board of Trustees that the Village President and Board of Trustees order any person found to be engaging in any unfair real estate practice to cease and desist from such practice, upon such terms as necessary and proper for the enforcement of this article.
   (B)   The Fair Housing Committee shall be empowered, at the conclusion of its proceedings, as part of its report, to recommend to the Village President and Board of Trustees that it direct the Village Attorney to do any one or more of the following:
      (1)   To institute and prosecute proceedings to enforce, against any person found in violation of this article, the fine provided for in this code;
      (2)   To apply to any court of competent jurisdiction:
         (a)   For an order restraining any person from violating any provision of this article; and/or
         (b)   For such other or future relief as may seem to the court appropriate for the enforcement of this article and for the elimination of violations hereof.
      (3)   To petition or institute proceedings with the State Department of Registration and Education for the purpose of causing the Department to revoke, suspend or refuse to renew the license granted by such Department to any real estate broker or real estate salesperson found to have violated any provision of this article.
   (C)   After receipt of the recommendation of the Fair Housing Committee, the Village President and Board of Trustees may issue such cease and desist orders and may direct such action by the Village Attorney, including the procedures in division (B) above, as shall be necessary for the enforcement of this article.
§ 15-6-24  TIME LIMITATIONS.
   Any complaint filed with the Fair Housing Committee must be filed within 60 days after the alleged discriminatory practice occurred or it shall be barred.
§ 15-6-25  REMEDIES.
   Any person aggrieved in any manner by the violation of any provision of this article who has exhausted the remedies provided in this article may apply to any court of competent jurisdiction for appropriate relief from such violation, including:
   (A)   An order compelling compliance with this article;
   (B)   An order to prohibit any person found by the court to have violated any provision of this article from the sale, lease, exchange, transfer, conveyance or assignment of any real property, by any person who in violation of this article refuses or fails to perform such contract;
   (C)   Compensatory damages; and
   (D)   Such other and further relief as may seem appropriate to the court for the enforcement of this article and the elimination of violations hereof.
ARTICLE 7:  ANNEXATIONS
Section
   15-7-1   Extension of annexation agreements
Cross-reference:
   Annexations, public ways and properties, see Ch. 12
§ 15-7-1  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, extend 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 section and finds that it will be 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. 97-09-57, passed 9-2-1997)
ARTICLE 8:  TOWN CENTER RULES AND REGULATIONS
Section
   15-8-1   Hours of use
   15-8-2   Conduct or activities restricted or prohibited on premises
   15-8-3   Penalties
§ 15-8-1  HOURS OF USE.
   (A)   Generally. No person shall be or remain in the Town Center between the hours of 12:00 a.m. and 5:00 a.m. each day or during any other times as may be specified by posted notice.
   (B)   Exceptions to closing hours. The provisions of division (A) shall not be applicable in cases where a scheduled village program, activity or event extends beyond or ends shortly before the closing hours, in which case a person attending such program, activity or event may remain for its duration and for such reasonable time period thereafter as is necessary to vacate the premises following the conclusion of the program, activity or event.
(Ord. 98-06-48, passed 6-15-1998)
§ 15-8-2  CONDUCT OR ACTIVITIES RESTRICTED OR PROHIBITED ON PREMISES.
   (A)   Alcoholic beverages/drugs. No person shall bring illegal drugs to the Town Center. No person shall be on the Town Center premises while intoxicated or under the influence of illegal drugs. The term “drugs”, as set forth in this provision, refers to any “controlled substance”, as defined in an Act to Establish a Uniform System for the Control Of the Manufacture, Distribution and Possession Of Controlled Substances, known as the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq. Only persons who have applied for and been approved a Town Center use permit are allowed to contract with a licensed caterer to provide beer and/or wine service as part of a permitted event.
   (B)   Skateboards and skates. No person shall ride upon or otherwise use any skateboard, roller skates, in-line skates, coaster or other similar self-propelled wheeled device, except wheelchairs and other wheeled devices for use by disabled persons, on the Town Center premises.
   (C)   Improper use of and damage to property. No person shall stand, climb on or cut, break or in any way injure, deface, disfigure or remove any tree, shrub, bush, plant, turf or any of the buildings, fences, bridges, lamps or posts, equipment or other structure or property located within the Town Center, including the stones in and around the Town Center Fountain, or sit upon any structures not designed or intended for such purpose.
   (D)   Swimming. No person shall swim, bathe or wade in, or place objects into the Town Center Fountain, or the ponds, or other waters located on the premises.
   (E)   Games and sorts. No person shall take part in or abet the playing of any games involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model airplanes, except in areas that may be set apart for such forms of recreation. The playing of rough or comparatively dangerous games such as football, baseball and soccer and the participation in hazardous recreational activities which create a substantial risk of injury to a participant or spectator are prohibited.
   (F)   Firearms and fireworks. No person shall carry or discharge firearms or discharge or set off any rocket, cracker, torpedo, squib or other fireworks or things containing any substance of an explosive nature; except that, this prohibition shall not apply to any village sponsored or authorized fireworks display.
   (G)   Offering articles for sale. No person shall offer for sale any article, thing or service, or do any hawking, peddling or soliciting, or take any collection or solicit or receive contributions of money or anything of value, except when authorized to do so by permit from or scheduling by the corporate authorities.
   (H)   Public meeting. No person shall call or hold any public meeting or give any concert or public entertainment of any kind in the Town Center without the express consent of the corporate authorities.
   (I)   Obstructing travel. No person shall set or place or cause to be set or placed any goods, wares or merchandise or property of any kind so as to obstruct or interfere with pedestrian travel within the Town Center without the express consent of the corporate authorities.
   (J)   Camping. No person shall camp or use any structures or vehicles for camping purposes.
   (K)   Erection of structures. No person shall erect any structure, tent or shelter of any kind.
   (L)   Advertisement. No person shall place any hand bill, pamphlet, circular, advertisement or notice of any kind, nor post, stencil or otherwise affix any notice, or bills, advertisement or other papers, upon any structure or thing in or about the Town Center premises, except as authorized by the corporate authorities.
(Ord. 98-06-48, passed 6-15-1998; Ord. 2006-03-09, passed 3-6-2006)
§ 15-8-3  PENALTIES.
   (A)   Every person who violates any provisions of § 15-8-2 of this article shall be punishable by a fine of not more than $750 and shall be further subject to the general penalties set forth in § 1-1-9 of the village code.
   (B)   Any police officer observing a violation of any provisions of § 15-1-2 of this article may, as an alternative to arresting the offender, issue a “hang-on ticket” as provided in Ch. 15, Art. 4, of this code pursuant to which the person cited may pay the sum of $25 within the time stated on the ticket as a compromise or settlement to avoid the prosecution of an ordinance violation in the Circuit Court.
(Ord. 98-06-48, passed 6-15-1998)
ARTICLE 9:  POLLUTION CONTROL FACILITIES
Section
   15-9-00   Applicability
   15-9-01   Definitions
   15-9-02   Petitions
   15-9-03   Payment and administration of costs
   15-9-04   Participants
   15-9-05   Public hearing
   15-9-06   Public comment; written and oral
   15-9-07   The public record
   15-9-08   Decision by the Village Board
Cross-reference:
   Sewage, sewage disposal, discharge standards, pretreatment, wastewater use charges and collections, see Ch. 13, Art. 4
§ 15-9-00  APPLICABILITY.
   (A)   This article is applicable to a request for site location approval of a new pollution control facility that does not handle hazardous waste as defined by the Illinois Environmental Protection Act, being 415 ILCS 5/3.220.
   (B)   To the extent a facility, described in a petition, proposes to handle or manage material that is not a waste, or proposes to conduct an activity which is excluded from the Illinois Environmental Protection Act’s definition of a pollution control facility, or proposes to conduct an activity which does not require a permit from the Illinois Environmental Protection Agency, this article does not govern the petition, and authorization to locate such a facility shall be determined by other provisions in the village code, including, but not limited to, those related to zoning, special use, building or environmental requirements, as applicable.
   (C)   The terms of this article do not constitute or imply a policy decision by the village concerning siting pollution control facilities of any kind within the village, but exist to guide the village in the fulfillment of its statutory duties with respect to requests for site location approval.
(Ord. 2003-07-43, passed 7-21-2003)
§ 15-9-01  DEFINITIONS.
   All words used in this article shall have the same meaning and definition as set forth in the Environmental Protection Act, 415 ILCS 5/1 et seq. (hereinafter the “Act”), unless otherwise set forth herein below. Defined terms in this article need not be capitalized to have the meaning proscribed to them in this section or the Act.
   ACT. The Environmental Protection Act, 415 ILCS 5/1 et seq.
   APPLICANT. Any person, group of persons, partnership, firm, association, corporation, company or organization of any kind that files an application for site approval pursuant to this article.
   FACILITY. A new pollution control facility as defined in the Act.
   HAZARDOUS WASTE SITE. A site where hazardous waste is received, stored, treated, dumped or disposed. HAZARDOUS WASTE is defined by the Act.
   HEARING OFFICER. An attorney, licensed to practice in the State of Illinois, appointed by the Mayor to conduct the public hearing(s) associated with a siting petition.
   IEPA. The Illinois Environmental Protection Agency.
   MAYOR. The Mayor of the Village of Carol Stream, Illinois.
   PETITION. The application filed by the applicant requesting site approval for a facility.
   VILLAGE. The Village of Carol Stream, Illinois.
   VILLAGE BOARD. The Board of Trustees of the Village of Carol Stream.
   VILLAGE CLERK. The Village Clerk for the Village of Carol Stream, Illinois, or the Clerk’s designee. Most references to the VILLAGE CLERK refer to the administrative office of the VILLAGE CLERK.
(Ord. 2003-07-43, passed 7-21-2003)
§ 15-9-02  PETITIONS.
   (A)   Filing.
      (1)   The applicant shall file one original and 20 copies of the petition with the Village Clerk, in the form described in divisions (C) and (D) of this section.
      (2)   The applicant shall include, with the filing of the petition, the application fee, as described in § 15-9-03 of this article.
   (B)   Processing. Upon receiving the petition, the Village Clerk shall do the following.
      (1)   Accept for filing and date stamp as filed any petition that is filed with the correct number of copies, as required by division (A) above, in the form as required by division (C) below; and with the application deposit as provided in § 15-9-03.
         (a)   The date on the stamp of the Village Clerk shall be considered the official filing date for all purposes relating to the time of filing.
         (b)   Receipt and acceptance of a petition by the Village Clerk is pro forma, and does
not constitute an acknowledgment that the applicant has complied with the Act or this article.
         (c)   Should the petition be presented to the Village Clerk without the correct number of copies, in the incorrect form, or without the sections and fee described in this division (B)(1), the petition shall be rejected by the Village Clerk.
      (2)   Upon the filing of a petition, the Village Clerk shall promptly distribute the copies of the petition to the following parties in the following numbers: one copy to the Mayor; one copy to each Trustee; five copies to the Village Manager’s office; two copies to the Village Attorney; one copy to the Fire Protection District; two copies to the Hearing Officer; and two copies to the village public library.
         (a)   The original petition and two copies shall be maintained by the Village Clerk.
         (b)   The Village Clerk has the option of sending one of the copies to a copy service within the village.
      (3)   The Village Clerk shall make available a copy of the petition and public record concerning the petition for public inspection during the normal business hours of the Village Clerk’s office. Additionally, the Village Clerk shall provide to any person so requesting, copies of the petition or the public record, upon such person’s payment of the actual cost of reproduction.
   (C)   Form of petitions.
      (1)   All petitions shall be in writing on eight and one-half-inch by 11-inch, eight and one-half-inch by 14-inch or 11-inch by 17-inch paper, and in an electronic P.D.F. format; except that, this format is optional for exhibits or drawings.
      (2)   The pages of the petition and all exhibits, including pages intentionally left blank, shall be consecutively numbered.
   (D)   Content of petitions. The determination of the quality and quantity of information to be included in a petition is, ultimately, the applicant’s to make, as it is the applicant’s burden to demonstrate that the siting criteria set forth in § 39.2 of the Act are met. However, for purposes of this article, a petition shall contain, at a minimum, the following documents and information, in addition to what the applicant submits in support of the § 39.2 criteria, together with — to the extent that such documents and information are based on other information or data —  citations to the primary sources of data:
      (1)   The identification as well as current address of the applicant, all landowners and the operator for the proposed facility:
         (a)   If the proposed site is owned by a land trust, each beneficiary of the land trust must be identified and their name and address listed, and the extent of their interest must be defined;
         (b)   Indicate whether or not the applicant, if not the property owner, is to purchase or lease the site;
         (c)   Also indicate whether the applicant, the landowner and the operator is a corporation, partnership, individual or unit of government;
         (d)   In the case of a partnership, submit the names of all partners;
         (e)   In the case of a corporation, submit the names and addresses of all officers and directors, and the names and addresses of all shareholders owning 5% or more of the capital stock of the corporation; and
         (f)   In the case of a corporation, attach as exhibits articles of incorporation and a certified copy from the Secretary of State of, the entity’s incorporation in the state or, if not incorporated in the State of Illinois, its license to do business in the State of Illinois.
      (2)   The proposed operator of the proposed facility shall submit audited financial statements for the preceding three years or the total number of years the entity has been in existence, whichever is less.
         (a)   If an entity has no audited financial statements, then it shall include pro forma statements for the same time period as required for audited statements.
         (b)   Also, the proposed operator shall present a certificate of good standing issued by the Illinois Secretary of State and a certificate of authority to do business in DuPage County issued by the appropriate authority.
      (3)   The legal description of the proposed site and a street address as well as other reasonable description of where the proposed site is located. A plat of survey of the proposed facility boundary must be attached to the petition;
      (4)   A brief description of the proposed facility, its operation, the expected longevity thereof and copies of any proposed or actual agreements for host fees or incentives offered or agreed to by the applicant with the village;
      (5)   Identification of the area to be served by the proposed facility, a map showing the extent of the service area the facility is intended to serve, and a statement of the need for the identified area for such a facility;
      (6)   The expected types, amounts and methods of treatment, disposal, consolidation, transfer or storage of all wastes proposed for the site;
      (7)   Reasons supporting approval of the application;
      (8)   A request for site approval;
      (9)   Proof of notice, pursuant § 39.2 of the Act;
      (10)   A site plan showing details of the proposed facility, including:
         (a)   Engineering cross sections;
         (b)   All known and proposed wells (identified as such), whether potable, monitoring or other, within the proposed site and within 1,500 feet of the property line of the proposed site;
         (c)   Fences, buildings other structures and berms and landscaping;
         (d)   Roads, entrances and driveways;
         (e)   Existing and proposed underground or aboveground storage tanks (identified as such), identifying, if applicable, which are known to be out of operation or abandoned;
         (f)   Location of property lines of neighboring properties and properties whose owners were provided notice pursuant to § 39.2(b) of the Act;
         (g)   Existing and proposed utility lines (identified as such and identified as to type of utility), indicating which are above and which are below the ground;
         (h)   Surface water drainage systems and ways shown on village public records within 1,500 feet of the property line of the proposed site, including, but not limited to, drain tiles, creeks and the like;
         (i)   Any information to demonstrate that the proposed facility is so designed, located and proposed to be operated in such a manner that the public health, safety and welfare will be protected, in addition to that which has been provided already pursuant to this article; and
         (j)   Whether any existing uses will be continued.
      (11)   A description of the general characteristics of the site (industrial park, open field, gravel pit, quarry, strip mine, swamp, floodplain and the like);
      (12)   A statement of the plan of operation for the proposed facility, including, but not limited to, the following (where applicable):
         (a)   Type of facility, including method of transfer or, if applicable, landfilling, incineration, resource recovery or other proposed storage, process, treatment or management, and the proposed layout of the site, including identification of the location of proposed buildings or other above or below ground structures, and identification of the location of any proposed process flows, storage, treatment, disposal, consolidation or other waste management activity;
         (b)   Description of the design criteria and design features of the facility, where applicable, including:
            1.   Leachate collection system:
               a.   Type, location and construction of the subsurface collection system;
               b.   Written narrative describing methods and processes of the collection, management and treatment of the leachate;
               c.   Program for monitoring effectiveness of the collection, management and treatment of the leachate; and
               d.   Discharge points of effluent.
            2.   Drainage and erosion control, including a description of the type, location and design of drainage and erosion control devices;
            3.   All monitoring systems, including, but not limited to, ground water, surface water and air:
               a.   Techniques, location and construction;
               b.   Frequency of sampling and analysis; and
               c.   Future corrective action program.
            4.   Surface water control;
            5.   Air emissions control;
            6.   Final cover system, including proposed soil and/or geomembrane specifications if applicable;
            7.   Facility construction quality assurance and quality control program:
               a.   Hours of operation;
               b.   Personnel;
               c.   Both on-site and off-site litter, vector, dust, odor and noise control;
               d.   Fire control;
               e.   Corrective actions for spills and other operational accidents;
               f.   If applicable, the stages of development or use;
               g.   If applicable, an end use plan; and
               h.   Operating procedures including:
                  i.   Personnel require-ments, including number of full- and part-time employees, which personnel positions and in what numbers are considered minimally necessary for facility operation, and the training and supervision of employees. In addition, identify whether the proposed facility intends on utilizing any contract or temporary employees and, if so, the positions those employees would fill, the training requirements and supervision of such employees, and whether they would be considered minimally necessary for the facility operation;
                  ii.   Plans for chemical analysis of waste;
                  iii.   Plans for identifica-tion and verification of waste;
                  iv.   Plans for identifica-tion of unacceptable waste, soils or other material and removal of same;
                  v.   Leachate collection, management and treatment system or plan;
                  vi.   Noise control;
                  vii.   Operation of air emission monitoring system;
                  viii.   Facility cleaning and maintenance, including, but not limited to, the interior floor; and
                  ix.   For each type of waste proposed to be received for storage, treatment, management, consolidation or disposal, provide: the maximum daily and annual receipt and throughput, and the expected types of sources for such waste within the proposed area to be served.
      (13)   A map showing on-site roadways, vehicle and direction flow signage and road markings, vehicle staging and parking areas, and a description of the plan of operation with respect to moving vehicular traffic on-site, including, but not limited to, on-site traffic flow direction and control;
      (14)   A closure plan, including satisfactory proof of financial responsibility therefor;
      (15)   Provide a traffic study in accordance with guidelines recommended by the institute of transportation engineers regarding the proposed site, including the anticipated number of vehicles, their size, weight and direction of movement, and a copy of any driveway permit:
         (a)   Included in this study, state the number of each type of vehicle expected or intended to enter or exit the facility, broken down by each hour of the day; and
         (b)   If the number of vehicles is expected or intended to be greater or less on particular days of the week, identify those days, the numbers of vehicles, and where it includes vehicles other than passenger automobiles, include the hourly analysis for each day of the week.
      (16)   Provide all physical evidence, including, but not limited to, studies, maps, reports, permits or exhibits that the applicant desires the village to consider at the public hearing. It is intended that the applicant provide a full and complete disclosure of his or her case to facilitate early review and analysis by all participants;
      (17)   Supply certificates of insurance verifying the insurance policies carried by the applicant to cover single accidents, such as fires, explosions, non-sudden accidental occurrences, whether such accidents occur at the proposed site or while waste is being transported to or from the proposed site;
      (18)   Include a statement describing the past operating experience of the applicant (and any subsidiary, parent corporation, or subsidiary of the parent corporation), in the field of solid waste management and identify all experience in the State of Illinois;
      (19)   Furnish a statement identifying the past record of convictions of the applicant, including, but not limited to, any individual conviction of its current officers and directors, concerning a violation of the Act or any federal environmental law, a description of enforcement actions or lawsuits brought, if any, by government entity or any person, and remedial action taken, if any, as a result of, in conjunction with, or as part of a settlement of any conviction or admission of violation;
      (20)   Furnish a statement regarding adjacent and nearby land uses, including, but not limited to, as to whether the facility is located so as to minimize incompatibility with the character of the surrounding area and to minimize the effect on the value of the surrounding property, providing documentation detailing:
         (a)   Property values of surrounding property, and a property value impact analysis conducted by a certified real estate appraiser;
         (b)   Topographic survey of existing site;
         (c)   Final design grades;
         (d)   Surrounding zoning and land uses within one mile of the property line of the site, including identification of any surface or subsurface mining activities in the area, residential (single-family or multiple-family) housing areas, schools, hospitals, nursing or extended care facilities, daycare or other childcare facilities, historic, architectural or archaeological landmarks;
         (e)   Proposed use after operation (i.e., end-use), including changes in topography and all new surface features;
         (f)   A description of how the applicant will minimize the effect of traffic flow to and from the proposed facility on the character and property values of the area through which the traffic is proposed to pass;
         (g)   A description of the external materials to be used in construction of the proposed facility; and
         (h)   A description of any proposed landscaping or facility screening.
      (21)   A statement as to whether the facility is located outside the boundary of the 100-year flood- plain or whether the site is floodproofed, and documentation supporting such statement;
      (22)   Documentation detailing compliance of the proposed facility with all applicable storm water ordinances;
      (23)   As to whether the plan of operation for the facility is so designed to minimize the danger to the surrounding area from fire, spills or other operational accidents, at a minimum, provide documentation detailing:
         (a)   Accident prevention plan, including plans for spill control and containment;
         (b)   Fire prevention plan; and
         (c)   Proposed responses to spills and other operational accidents.
      (24)   An emergency response plan for the proposed site, including, but not limited to, documentation detailing procedures to be used in case of a release or spill, as to:
         (a)   Notification of appropriate agencies and personnel;
         (b)   Containment procedures; and
         (c)   Evacuation procedures for the facility and the surrounding area.
      (25)   The petition shall be signed by the applicant, landowner(s), operator, engineer registered in the State of Illinois under the Illinois Professional Engineering Practice Act, land surveyor and any other technical consultant responsible for drafting all or portions of the petition. The application shall state a contact address, a phone number and an email address for each person named.
(Ord. 2003-07-43, passed 7-21-2003)
§ 15-9-03  PAYMENT AND ADMINISTRATION OF COSTS.
   (A)   Costs and fees deposit.
      (1)   At the time of filing a petition, the applicant shall submit to the Village Clerk a costs deposit in the form of a certified or cashier’s check made payable to “Village of Carol Stream”, to pay the reasonable and necessary fees and costs of the village in processing and responding to the petition, including, but not limited to: village employee or staff review time, legal fees, expert witness fees, scientific testing, records or other investigations, data searches, notices, court reporters, transcription costs, consultants, as well as the cost of any agreement for an appropriate forum for the hearing, the Hearing Officer’s expenses and fees, and any other expenses incurred by the village in conducting their review of the petition, the public hearing, the village’s site location decision, and any appeal to the Illinois Pollution Control Board (“IPCB”), the Appellate or Supreme Courts of the State of Illinois, any federal court located within the State of Illinois, or any legal action concerning the siting process or the interpretation of this article relating to the siting application or process.
      (2)   The amount of the costs and fees deposited is $100,000.
   (B)   Additional initial costs and fees deposit. In the event the applicant files an amendment in accordance with 415 ILCS 5/39.2(e), an additional initial costs and fees deposit of $25,000 shall be delivered to the Village Clerk at the same time as the filing of the amendment, and such deposit shall be in the same form as described in division (A) above.
   (C)   Payment of fees and expenses. All fees and expenses incurred by the village as described in division (A) above, shall be paid from the fees and costs deposits as provided herein.
      (1)   Records of village-incurred fees and costs, including, but not limited to, relevant time records of village employees and staff, and village consultants, to the extent the village is seeking reimbursement of their time, are to be submitted by the persons creating such records to the Finance Director on a monthly basis.
      (2)   The Finance Director, or his or her designee, shall organize the records and prepare and submit periodic reports to the Village Board, Village Clerk and the applicant, of invoices to or expenditures by the village.
         (a)   The actual invoices and bills submitted to the Finance Director and included in the report submitted to the Village Board, Village Clerk and applicant, with all privileged and confidential information, if any, redacted.
         (b)   Inadvertent disclosure of confidential or privileged information by the village is not a waiver of confidentiality or privilege.
      (3)   Upon approval of each report, described in division (C)(2) above, by the Village Board, the Finance Director may draw upon the applicant’s cost and fees deposits in the amount of the reported incurred costs and fees, or as otherwise provided by the Village Board.
      (4)   In determining the fees to be paid to the village to reimburse the village for its employees’ or staff’s time involved in matters concerning the petition, the Finance Director shall determine a rate for each employee who submits a record of his or her time to the Finance Director, including in such rate, all costs of the village in compensating such employee or staff member, such as salary, wages or benefits. The Finance Director shall include the rate calculated per employee in the report described in division (C)(2) above.
      (5)   At any time the amount on deposit with the village falls below $5,000, then, upon written demand from the Director of Finance, the applicant shall deposit, within five business days of receipt of the demand, an additional $15,000, or the amount reasonably estimated to finish the process, whichever is greater. Any unpaid amount shall constitute a debt and the village shall recover its costs and attorneys’ fees, if it is required to make a claim or commence a suit against the applicant to recover the unpaid fees.
      (6)   Any portion of the fees and costs deposit that remains unexpended at the conclusion of the local site location review process (including all appeals and resolution of any applicant challenge to fees or costs), shall be returned to the applicant.
      (7)   Nothing herein limits an applicant’s ability to contest or object to the reasonableness of costs and expenses described herein.
(Ord. 2003-07-43, passed 7-21-2003)
§ 15-9-04  PARTICIPANTS.