A. Purpose: In addition to the general purposes of this title, the regulations contained herein are established for the following purposes:
1. To establish reasonable rules and regulations governing the intensity of land development in relation to the natural capabilities of the environment to sustain disturbance without significant disruption to the natural functions and ecological processes provided by the sensitive natural resources and features.
2. To prohibit uses and structures which are incompatible with the character of land and the natural resources and features thereon.
3. To protect persons and property from hazards resulting from the inappropriate development of land containing sensitive, unstable or hazardous natural resources or features.
4. To promote the orderly development of the Village in accordance with the Official Plan.
B. Applicability: This regulation shall apply in the following instances:
1. Any lot or parcel for which a building permit is requested where such lot contains any of the natural resources or features identified herein provided that any lot of forty thousand (40,000) square feet which legally exists as of the date of adoption of the Ordinance codified in this Title, including any legal nonconforming lot which is held in single ownership as of the date of adoption of the Ordinance codified in this Title shall not be denied a building permit solely because of any failure to conform to the standards of this Section. Further, no such existing lot which is not a nonconforming lot shall be designated a nonconforming lot solely because of any failure to conform to the standards of this Section.
2. The subdivision of any parcel of land which is subject to the regulations of Title 11 of this Code into two (2) or more lots.
3. The construction or development of any planned unit development which contains a total of ten (10) or more dwelling units.
4. The site capacity calculations required by subsection C below shall be waived by the Plan Commission for properties of less than ten (10) acres when the Commission determines that no natural resources or natural features identified by this regulation are present on such properties.
C. Site Capacity And Environmental Performance Standards:
1. In addition to all lot area, yard and bulk regulations established by Section 10-4-2 of this Title or by any conditional use, variation or annexation agreement, all developments subject to this regulation shall comply with those standards specified in the following table governing the minimum open space ratio, maximum density factor, maximum gross density, maximum impervious surface ratio and maximum floor area ratio.
2. Site capacity for any proposed development is equal to the net buildable area of the site multiplied by the density factor, in the case of residential uses; or by the floor area ratio or impervious surface ratio, whichever is more restrictive, in the case of nonresidential uses. The site capacity calculation provides the mechanism for subtracting from the base site area all portions of a site inappropriate for development.
D. Site Capacity Calculation: The following calculations shall be submitted for all development to which this regulation applies, prior to the approval of any preliminary or final plat of subdivision, the commencement of any site development or the issuance of any building permit:
1. Base Site Area (All Land Uses): The base site area shall be determined by the following calculations.
a. Gross site area as determined by actual on- site survey. | acres | ||
b. Subtract land constituting road and land within ultimate rights of way of existing roads, rights of way of utilities and easements of access. | - acres | ||
c. Subtract land which is not contiguous: | |||
(1) A separate parcel which does not abut, adjoin or share common boundaries with the rest of the development. | - acres | ||
(2) Land which is cut off from the main parcel by a road, railroad, existing land uses or major stream, such that common use is hindered or that the land is unavailable for building purposes. | - acres | ||
d. Subtract land which, in previously approved subdivision encompassing the same land, as part or all of the subject parcel, was reserved for resource reasons, (e.g., flooding or for recreation.) | - acres | ||
e. Subtract land used or proposed for nonresidential uses whenever both nonresidential and residential uses are proposed. (In case of the site capacity calculation for the proposed nonresidential use, subtract the land proposed for residential use.) | - acres | ||
f. Equals Base Site Area. | = acres | ||
2. Resource Protection Land (All Land Uses): All land area consisting of the natural resources or natural features listed below shall be measured. The total acreage of each resource shall be multiplied by its respective open space ratio to determine the amount of resource protection land or area required to be kept in open space in order to protect the resource or feature. In those areas of a site which consists of two (2) or more natural resources or features, only that resource or feature which is subject to the highest open space ratio shall be calculated. This sum total of all resource protection land on the site equals the total resource protection land.
RESOURCE OR FEATURE |
OPEN SPACE RATIO |
ACRES OF LAND IN RESOURCE |
RESOURCE PROTECTION LAND |
RESOURCE OR FEATURE |
OPEN SPACE RATIO |
ACRES OF LAND IN RESOURCE |
RESOURCE PROTECTION LAND |
Flood plain | 1.001 | x | = |
Wetlands | 1.001 | x | = |
Steep slopes: 15% to 30% slope 30% and above | .502 .603 | x x | = = |
Mature woodlands | .704 | x | = |
Young woodlands | .40 | x | = |
Lakes and ponds | 1.00 | x | = |
Drainageways | 1.00 | x | = |
Improved drainageways | .505 | x | = |
Total land in resource | = | ||
Total resource protections lands | = | ||
1 May be modified by a conditional use permit issued pursuant to the standards of Section 10-5-5 of this Chapter. | |||
2 80% in areas of Rodman Soils. | |||
3 95% in areas of Rodman Soils. | |||
4 May be reduced to 55% by utilizing the Replacement of Forest Credit. | |||
5 This refers to both construction or reconstruction of the drainageway and the establishment of a maintenance easement. | |||
3. Recreational Land (Residential Subdivision And Planned Development Uses Only): This calculation is required for all residential subdivisions or planned unit developments with the exception of subdivisions which would be required to provide less than one-fourth (1/4) acre by the following calculation. This calculation does not apply to individual residential lots or to nonresidential uses. Total recreation land required for residential uses is as follows:
Take | Base site area | ||
Subtract | Total acres of land in resource | - | |
Equals | Total unrestricted land | = | |
Multiply | Total unrestricted land by recreation multiplier for the appropriate district. | x | |
Zoning District | Recreation Multiplier | ||
SE | .0210 | ||
SR | .0300 | ||
Planned Unit Development | .0400 | ||
Equals: | Total recreation land required | = | |
Subtract: | Any resource protection land in the categories noted below provided said land is improved, or will be improved, for recreation. | ||
Forest | |||
Lake shore | |||
Pond shore | |||
Equals: | Total recreation land remaining to be provided | =
| |
4. Site Capacity (Residential): Individual site capacity is determined by multiplying the density factor by the net buildable site area to obtain the maximum number of dwelling units permitted. The calculations are as follows:
Take | Total resource protection land | Ac. |
Add | Total recreation land remaining | +Ac. |
Equals | Total open space | =Ac. |
Take | Base site area | Ac. |
Multiply | Open space ratio | xAc. |
Equals | Minimum required open space | =Ac. |
Take | Base site area | Ac. |
Subtract | Total open space or minimum required | -Ac. |
open space (whichever is greater) | ||
Equals | Net buildable site area | =Ac. |
Multiply | District maximum density factor | xAc. |
Equals | Number of dwelling units | =Units |
(do not round off: use lowest whole number) | ||
Take | Base site area | Ac. |
Multiply | Gross density | x |
Equals | Maximum dwelling units | =Units |
(do not round off: use lowest whole number) | ||
Use maximum dwelling units or number of dwelling units, whichever is less.
| ||
5. Site Capacity (Nonresidential): Individual site capacity is calculated as follows. Both maximum impervious surface area and maximum floor area must be calculated.
Take | Base site area | Ac. |
Subtract | Resource protection land | -Ac. |
Equals | Buildable land | =Ac. |
Take | Buildable land | |
Multiply by | Floor area ratio | x |
Equals | Maximum floor area | = |
Take | Buildable land | |
Multiply by | Impervious surface ratio | x |
Equals | Maximum impervious surface | =
|
E. Environmental Protection Standards:
1. General Standards:
a. Prior to the commencement of any development subject to this Regulation, plans and other information reasonable necessary to identify and verify the existence of any of the environmental features noted below shall be submitted. All plans for development shall account for such features and shall fully comply with the environmental protection standards applicable to each feature. Site alterations, regrading, filling and clearing of vegetation after the adoption of this Regulation but prior to the submission and approval of such plans shall be a violation of this Title. All references to "open space" shall mean the term as it is defined herein.
b. In any proposed development wherein resources and open spaces are required to be protected and preserved, the developer shall furnish the Village a preliminary resource protection plan at the time of submission of the preliminary development plan or tentative plat. This plan shall be drawn to the same scale as the preliminary development plan, tentative plat or site plan and shall include the following:
(1) Natural conditions of the site including topography, drainageways, watershed divides and all resources required to be protected.
(2) Proposed site improvements including the location, size (footprint or building pad) of buildings, septic system or alternative systems, drainage and detention improvements.
(3) All proposals, features or structures intended to protect and preserve resources both during construction and in the completed project including but not limited to easements, dedications grading, structures, fences, reforestation and compensatory features.
c. The final plat shall show any approved easements, dedications or other appropriate means used to implement the resource protection plan.
2. Flood Plain:
a. Permanent Open Space: All flood plains shall be permanent open space.
b. Permitted Uses: Only those uses permitted by Title 9 of this Code.
3. Wetlands:
a. Permanent Open Space: All such areas shall remain as permanent open space. Wetlands may be deepened or enlarged but wetlands shall not be filled except in accordance with regulations of Title 9 of this Code.
b. Permitted Uses: Only those uses which are permitted by right in flood plains shall be permitted by right in wetlands. These uses are specified in Title 9 of this Code.
All other structures and uses permitted by the underlying zoning may be permitted in a wetland pursuant to the issuance of a variance. The standards and procedures for such variance shall be the same as those for flood plain uses established by Title 9 of this Code.
4. Steep Slopes: In areas of steep slopes, the following standards shall apply:
a. Fifteen To Thirty Percent Slope: At least fifty percent (50%) of such areas shall remain as permanent open space. No more than thirty percent (30%) of such areas shall be developed and/or regraded or stripped of vegetation, with the exception that no more than twenty percent (20%) of such areas may be disturbed in the case of Rodman Soils.
b. More Than Thirty Percent Slope: At least sixty percent (60%) of such areas shall remain as permanent open space. No more than fifteen percent (15%) of such areas shall be developed and/or regraded or stripped of vegetation, except that no more than five percent (5%) of such areas may be disturbed in the case of Rodman Soils.
5. Forest:
a. In forests containing a combination of young woodlands and mature woodlands, the total area that may be cleared shall be determined by the calculations in subsection D2 Resource Protection Land. The maximum area which may be cleared may be determined by calculating the weighted average open space ratio applicable to the forest as a whole; that is, forest multiplied by the area contained within that type of forest and divided by the entire area of forest on the site.
Where the forest stands are of a single category, the following standards apply: No more than thirty percent (30%) of any mature woodland may be cleared or developed. The remaining seventy percent (70%) shall be maintained as permanent open space. No more than sixty percent (60%) of any young woodland shall be cleared or developed. The remaining forty percent (40%) shall be maintained as permanent open space or may be included as part of an enlarged lot or lots in accordance with subsection F of this Section. A tree survey may be submitted but is not required in order to delineate woodland areas. In addition:
(1) The developer may designate a new forest area on a part of the site not forested. A reforestation plan shall be submitted showing the location, size and type of all plant materials to be installed. Such materials shall be of a suitable type and compatible with the existing or native vegetation of the site.
(2) The new forest area shall consist of one and two-tenths (1.2) times the surface acreage of the forest area disturbed by the development.
(3) The following amount of plant materials shall be provided per each acre of new forest to be established. Fractional requirements resulting from fraction of acres to be established shall conform to lists of approved plant materials by soil types provided by the Director of Planning. Either of the following two (2) options may be chosen:
Plant Materials Required Per Acre | Minimum Size Of Plant Materials | |
5 canopy trees | 4 inch caliper | |
10 canopy trees | 21/2 inch caliper | |
Option 1 | 50 canopy trees | 5 foot height |
20 understory trees | 3 foot height | |
100 shrubs | 3 foot height | |
5 canopy trees | 4 inch caliper | |
Option 2 | 600 canopy trees | 3 foot height |
30 understory trees | 2 foot height | |
130 shrubs | 2 foot height | |
6. Lakes And Ponds: All such areas shall be permanent open space. No development or diverting of these bodies of water shall be permitted except to provide required roads. Filling shall be permitted only in conjunction with deepening the land and is permitted only if surface area and flood retention capabilities remain unchanged or are enlarged. Notwithstanding the regulations herein, where the U.S. Army Corp of Engineers wetland regulations impose a higher standard or greater restriction, such regulations shall be met.
7. Lake Shorelines: The shorelines of lakes, consisting of the area within one hundred feet (100') from the shorelines, shall contain no more than fifteen percent (15%) impervious surfaces. At least seventy five percent (75%) of all such areas shall be permanent open space.
8. Pond Shorelines: The shorelines of ponds consisting of the area within fifty feet (50') from the shoreline shall contain no more than fifteen percent (15%) impervious surfaces. At least seventy five percent (75%) of all such areas be permanent open space.
9. Drainageways:
a. Permitted Uses: No portion of a natural drainageway shall be developed. An existing natural drainageway may be improved and up to fifty percent (50%) of the area of such drainageway may be used for other permitted open uses such as passive recreation, storm water detention or circulation provided that the remaining area shall be improved only as follows:
(1) The time of concentration of stormwater flows remains unchanged or is lengthened;
(2) Stormwater and ground water storage capacity are unchanged or increased;
(3) Natural vegetation is installed;
(4) The resultant new drainageway has less velocity than preexisted or reduces stream-bank erosion.
b. For those developments which do rely on underground absorption fields, the extent of the drainageway shall be determined either by its order of magnitude or the limits of the seasonably saturated soils presented in the drainageway, whichever area is greater. For the purpose of this determination, for following soil types identified by the Soil Survey shall be considered seasonally saturated drainageway soils.
Houghton muck | (103) | |
Sawmill silty clay loam | (107) | |
Pella silty clay loam | (153) | |
Ashkum silty clay loam | (232) | |
Peotone silty clay loam | (330) | |
Granby loamy fine sand | (513) |
c. Obstructions: In no event shall filling or grading be permitted which would result in surface water flows being interrupted, causing flooding or inundation of upstream or downstream property owners. The Zoning Officer may require installation of storm sewers, ditches or other devices to ensure that these provisions are met.
F. Open Space:
1. General Requirements: The location and total areas of all open space required by this Title shall be clearly indicated on the plans submitted pursuant to subsection D of this Section. Open space shall be designated in one or more of the following ways:
a. Natural Areas: Natural areas of undisturbed vegetation or areas replanted with vegetation after construction. Woodlands, woodland swamps (hydric soils), prairies, wetlands (hydric prairies) and savannah are specific types of natural areas.
b. Recreational Areas: Recreational areas designated for specific, active recreational uses, such as tot lots, tennis courts, swimming pools, ballfields and similar uses.
c. Greenway Acres: Greenway acres are linear green belts linking residential areas with open space areas. These greenways may contain bicycle paths, foot paths and bridle paths. Connecting residential and recreational areas with greenways is encouraged.
d. Buffers: Buffers are generally landscaped and serve to separate residential uses from adverse uses or highly traversed roadways.
e. Agricultural Areas: Agricultural areas or garden plots are areas reserved for agriculture including croplands, pastures and garden plots.
Land designated as open space shall be maintained as open space for the use designated and may not be separately subdivided or developed except as provided herein. Land which is required by this Title to remain as open space may be used for the recreational, agricultural, resource protection, amenity and other purposes specified in this Chapter and is designated on the plans. Recreation open space areas shall be generally accessible to all residents of a development. Access between agricultural areas and nonagricultural areas may be restricted. Access to land remaining in open space for the purpose of protecting natural resources may also be restricted in order to ensure such protection. Except as otherwise provided in this Title, no area occupied nonrecreational, roads, road rights of way or parking areas shall be counted as designated open space.
2. Preservation Of Open Space: Open space areas shall be designed so their use and enjoyment as open space are not obstructed. Open space areas shall be maintained as specified below. The form of open space ownership shall be designated on the plans. Open space areas may be owned and preserved by any of the following mechanisms or combinations hereof:
a. Dedication of open space to the Village, an appropriate public agency or not-for-profit organization, approved by the Village Board, which is willing to accept the dedications.
b. Common ownership of the open space by a homeowners' or property owners' association which assumes full responsibility for its maintenance and which shall prevent development and/or subsequent subdivision of the open space land for other than open space purposes. In the event that open space is to be owned and maintained by such an association, documents establishing the association, detailing its obligations and otherwise providing for the maintenance and preservation of open space areas shall be prepared and submitted with the plans. Covenants shall provide for the mandatory inclusion of all property owners for the purpose of being responsible for the continual maintenance of the open space and recreational areas.
c. Deed restricted private ownership which shall ensure that no development and/or subsequent subdivision of the open space land for other than open space uses shall be permitted. The maintenance responsibility of all open space areas shall be specified and provision shall be made for guaranteeing this responsibility.
d. Conservation rights conveyed in accordance with and subject to the provisions and requirements contained in "An Act Relating Conservation Rights in Real Property 1 ", provided the items of such conveyance have been reviewed and approved by the Village Board.
In the event that any property owners' association, private party or other agency charged with the responsibility of maintaining open space fails to maintain the open space, the Village or its designated agent may proceed to correct the failure of maintenance, following reasonable notice and demand that the deficiency of maintenance be corrected; however, no prior notice is required if the failure to so maintain has created a clear and imminent hazard to the health, safety or welfare of the residents or the general public. The cost of such maintenance to the Village shall be charged against that person, association or agency having the responsibility for maintenance of the open space.
3. Maintenance Of Open Space: Maintenance of open space shall be as follows:
a. Conservation And Natural Areas: Maintenance of conservation areas and natural areas of undisturbed vegetation or replanted areas shall consist of the removal of litter, diseased trees, junk or debris. Natural watercourses shall be maintained free- flowing and devoid or debris. Stream channels shall be maintained so as not to alter flood plain levels.
b. Recreational Areas: Maintenance of recreational areas shall consist of all acts necessary to ensure that recreational areas remain in usable condition and that no hazards, nuisances or unhealthy conditions exist.
c. Greenway Areas: Maintenance of greenway areas and bufferyards shall consist of all acts necessary to ensure that the areas remain usable as originally designed and that no hazards, nuisances or unhealthy conditions exist.
d. Retention/Detention Open Space Areas: Maintenance of open space areas used for retention/detention shall comply with the standards of subsection E9 of this Section.
e. Agricultural Areas: Maintenance of agricultural areas and garden plots shall remain as active agricultural uses or as conservation or natural areas (fallow areas) as provided above.
G. Lot Standards: The following standards shall apply to both existing oversize lots and parcels and to all lots created pursuant of this Title provided that in planned unit developments individual lot standards may be waived in whole or in part in favor of strict compliance with the overall capacity and resource protection regulations herein.
1. Any lot containing either a mature or young woodland shall be oversized in accordance with the following:
a. For completely wooded lots the minimum lot area shall be as follows:
District | |||
Type Of Woods | Minimum Lot Area | ||
SR District | |||
Mature woods | 80,000 s.f. | ||
Young woods | 60,000 s.f. | ||
SE District | |||
Mature woods | 180,000 s.f. | ||
Young woods | 80,000 s.f. | ||
All other districts | As provided in this Title generally | ||
b. For partially wooded lots, the minimum required lot area shall be calculated by taking the minimum lot area required for completely wooded lots as shown above and subtracting therefrom an area equal to that portion of the lot which is not subject to resource protection for woodlands.
c. For lots containing a mixture of young and mature woodlands the minimum lot area shall be calculated on a pro rata basis.
d. Any lot containing lands which are not subject to resource protection in an amount equal to the minimum lot size required by the this Title for the district in which they are located (lots not otherwise subject to the provisions of this Title) may contain additional land or area which is subject to resource protection.
2. Lots containing soils designated as drainageway soils shall be platted as oversize lots in accordance with the following standards:
40,000 | square feet of developable land |
+
| area of drainageway soils requiring protection (See subsections E and G above) |
= | Total lot area required provided the resultant area equals or exceeds the minimum area required for the zone in which the lot is located. |
3. Where a lot contains woodlands or other protected resources and drainageway soils or a combination of these two (2) features, the size of the lot shall be increased so as to protect the woodlands as provided in subsection G1 above, and provide forty thousand (40,000) square feet of developable land free of drainageway soils and other protected resources as provided in subsection G2 above. (Ord. 91-341, 4-2-1991)
Notes
| 1 | 1. S.H.A. 765 ILCS 120/1 et seq. |