(A) Harmony. To ensure that proposed development activity can be carried out in a manner which is compatible and harmonious with the natural amenities of the Lowland Conservancy Overlay District and with surrounding land uses, a request for a special use permit for the development activity must be submitted for approval by the governing body of the village.
(B) Requirements. No special use permit shall be issued unless the village finds that:
(1) The development will not detrimentally affect or destroy natural features such as ponds, streams, wetlands and forested areas, nor impair their natural functions, but will preserve and incorporate the features into the development’s site;
(2) The location of natural features and the site’s topography have been considered in the designing and siting of all physical improvements;
(3) Adequate assurances have been received that the clearing of the site of topsoil, trees and other natural features will not occur before the commencement of building operations; only those areas approved for the placement of physical improvements may be cleared;
(4) The development will not reduce the natural retention storage capacity of any watercourse, nor increase the magnitude and volume of flooding at other locations; and that in addition, the development will not increase stream velocities; and
(5) The soil and subsoil conditions are suitable for excavation and site preparation, and the drainage is designed to prevent erosion and environmentally deleterious surface runoff.
(C) Development. There shall be no development, including the immediate or future clearing or removal of natural ground cover and/or trees, within the Lowland Conservancy Overlay District for any purpose, unless a special use permit is granted subject to the provisions of this chapter or the provisions of the Village Zoning Ordinance.
(D) Prohibition. Dumping, filling, mining, excavating, dredging or transferring of any earth material within the district is prohibited unless a special use permit is granted.
(E) Alterations. No ponds or impoundments shall be created nor other alterations or improvements shall be allowed in the district for recreational uses, storm water management, flood control, agricultural uses or as scenic features unless a special use permit is granted.
(F) Application for permit. Application for a special use permit, shall be made by the owner of the property, or his or her authorized agent, to the village. Each application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant’s principal contact at the firm, and shall be accompanied by a filing fee of $100. Each application shall include certification that any land clearing, construction or development involving the movement of earth shall be in accordance with the plans approved upon issuance of the permit.
(G) Submissions.
(1) Each application for a special use permit shall be accompanied by the following information as specified in the chapter sections cited:
(2) Where a proposed development activity is less than two and a half acres in area the village, upon approval of the village or a designated representative, may waive or simplify any or all of the submission requirements (§ 156.06(D) through (H)) provided that the person responsible for any such development shall implement necessary protection measures to satisfy the purpose and intent set forth in § 156.03. (See § 156.11(A)).
(H) Bonds. The applicant may be required to file with the village a faithful performance bond or bonds, letter of credit, or other improvement security satisfactory to the Municipal Attorney, in an amount deemed sufficient by the village to cover all costs of improvements, landscaping or maintenance of improvements and landscaping, for such period as specified by the village, and engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.
(I) Review and approval. Each application for a special use permit shall be reviewed and acted upon according to the following procedures:
(1) The village will review each application for a special use permit to determine its conformance with the provisions of this chapter. The village may also refer any application to the Will - South Cook Soil and Water Conservation District and/or any other local government or public agency within whose jurisdiction the site is located for review and comments. Within 30 days after receiving an application, the village shall in writing:
(a) Approve the permit application, if it is found to be in conformance with the provisions of this chapter, and issue the permit;
(b) Approve the permit application subject to reasonable conditions as may be necessary to secure substantially the objectives of this chapter, and issue the permit subject to these conditions; or
(c) Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.
(2) Failure of the village to act on an original or revised application within 30 days of receipt shall authorize the applicant to proceed in accordance with the plans as filed, unless the time is extended by agreement between the village and the applicant. Pending preparation and approval of a revised plan, development activities shall be allowed to proceed in accordance with conditions established by the village.
(J) Permit exceptions.
(1) The provisions of this chapter shall not apply to:
(a) Emergency work necessary to preserve life or property; when emergency work is performed under this section, the person performing it shall report the pertinent facts relating to the work to the (permit issuing agency) within ten days after commencement of the work and shall thereafter obtain a special use permit and shall perform the work as may be determined by the agency to be reasonably necessary to correct any impairment to the watercourse, lake, pond, floodplain or wetland (in terms of the purposes of this chapter see § 156.03 above);
(b) Work consisting of the operation, repair or maintenance of any lawful use of land existing on the date of adoption of this chapter;
(c) Lands adjacent to farm ditches if:
1. Those lands are not adjacent to a natural stream or river;
2. Those parts of the drainage ditches adjacent to the lands were not streams before ditching; or
3. Those lands are maintained in agricultural uses without buildings and structures.
(2) Where farm ditches are found to contribute to adverse environmental impacts or hazards to persons or property, the village may include designated farm ditches in the district. The village may also require that linings, bulkheads, dikes and culverts be removed to mitigate hazards, or that other mitigative measures be taken, such as the maintenance of a natural vegetation buffer strip.
(K) Effect on other permits.
(1) The granting of a special use permit under the provisions herein shall in no way affect the owner’s responsibility to obtain the approval required by any other statute, ordinance or regulation of any state and/or federal agency or subdivision thereof, or to meet other village ordinances and regulations.
(2) Where state and/or federal permits are required, a special use permit will not be issued until they are obtained.
(Ord. 570, passed 12-7-1988)