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(A) Generally. Unless otherwise stated herein, the Planning and Zoning Commission’s creation, membership, meetings and rules, and its finality of decisions shall follow § 14.4 of the County Zoning Ordinance.
(B) Jurisdiction. The Planning and Zoning Commission is hereby vested with the following jurisdiction and authority:
(1) To hear appeals from any order, requirement, decision or determination made by the Chief Subdivision Engineer under this chapter;
(2) To hear and pass upon application for variations from the terms provided in this chapter in the manner prescribed by, and subject to, the standards established herein; and
(3) To hear and make recommendations to the County Board on all matters as is required under this comprehensive amendment as prescribed by statute.
(Ord. 10-164, passed 6-17-2010)
Unless otherwise provided herein, service of any notice or instrument under this chapter may be made upon any person in one of the following manners:
(A) By certified mail/return receipt requested, postage prepaid and addressed to the address then on file for the person, if any, or if none, to the person’s last known address; or
(B) By any method prescribed under the State Code of Civil Procedure.
(Ord. 10-164, passed 6-17-2010)
Unless otherwise provided herein, publication of any notice or other instrument under this chapter shall be made by publishing the notice or other instrument once in a newspaper published within the county having a general circulation within the county, the publication being not less than 15 or more than 30 days before the hearing or other event to which the publication relates.
(Ord. 10-164, passed 6-17-2010)
PERFORMANCE SECURITY
(A) Generally. As security to the county for the performance by the developer of the developer’s obligations to complete the construction of any stormwater facilities required by the site development permit, to pay all costs, fees and charges due from the developer pursuant to the permitting authorities of this chapter and to otherwise faithfully perform the developer’s undertakings pursuant to this chapter the developer shall, prior to issuance of a site development permit:
(1) Post a development security as provided in § 164.181 of this chapter;
(3) Post a maintenance and monitoring security for wetland mitigation. See § 164.067; and
(4) A single letter of credit may be provided combining divisions (A)(1) and (A)(2) above if approved by the Chief Subdivision Engineer.
(B) Cost and responsibility. The developer shall bear the full cost and responsibility of securing and maintaining the securities required by this section.
(C) Exemptions. A development security shall not be required for any of the following developments unless the Chief Subdivision Engineer deems one necessary for the project:
(1) Developments on individual parcels that are associated with a single-family residence, including but not limited to homes, additions, decks, sheds and swimming pools; and
(2) Agricultural practices applicable under § 164.024 of this chapter.
(Ord. 10-164, passed 6-17-2010)
(A) A development security shall be posted and shall include:
(1) A schedule, agreed upon by the developer and the Chief Subdivision Engineer, for the completion of the construction of any stormwater facilities required by the permit;
(2) An irrevocable letter of credit, or cash deposit as the Chief Subdivision Engineer may approve, in an amount equal to not less than 125% of the estimated probable cost to complete the construction of any stormwater facilities required by the development permit, which estimated probable cost shall be prepared by a registered professional engineer and shall be approved by the Chief Subdivision Engineer. A corporation with a bond rating of “A” or higher from a major investment firm (i.e., Standard and Poor, Moody or equivalent) would be deemed to have adequate credit worthiness and is not required to post a letter of credit for projects that are not required to be located in public easements;
(3) A statement signed by the applicant granting the Chief Subdivision Engineer the right to draw on the security and the right to enter the development site to complete required work in the event that work is not completed according to the work schedule; and
(4) A statement signed by the applicant that the applicant shall indemnify the Department for any additional costs incurred attributable to the concurrent activities of or conflicts between the applicant’s contractor and the Department’s remedial contractor at the site.
(B) The security required by this section shall be maintained and renewed by the applicant, and shall be held in escrow by the Chief Subdivision Engineer until the conditions set forth in this section or other applicable provisions are satisfied.
(C) The Chief Subdivision Engineer may approve periodic reductions in the letter of credit based on progress of construction. However, not more than 75% of the security provided for in this section may be released prior to approval of record drawings and final inspection. A minimum of 25% or $3,000, whichever is greater, of the security shall be retained for a period of time not to exceed two years after completion of construction of all stormwater facilities required by the permit.
(Ord. 10-164, passed 6-17-2010)
(A) If a sediment and erosion control plan is required pursuant to § 164.082 of this chapter, then a sediment and erosion control security shall be required. This security shall include:
(1) An irrevocable letter of credit, or cash deposit as the Chief Subdivision Engineer shall approve, in an amount equal to not less than 125% of the estimated probable cost to install and maintain the sediment and erosion control measures, which estimated probable cost shall be approved by the Chief Subdivision Engineer. A corporation with a bond rating of “A” or higher from a major investment firm (i.e., Standard and Poor, Moody or equivalent) would be deemed to have adequate credit worthiness and is not required to post a letter of credit for projects that are not required to be located in public easements; and
(2) A statement signed by the applicant granting the Chief Subdivision Engineer the right to draw on the security and the right to enter the development site to complete sediment and erosion control measures in the event that the measures are not installed and/or maintained according to the established schedule.
(B) The security required by this section shall be maintained and renewed by the applicant, and shall be held in escrow by the Chief Subdivision Engineer until the conditions set forth in this section are satisfied.
(C) After completion of construction, establishment of vegetation, removal of all sediment from stormwater facilities, and final inspection and approval by the Chief Subdivision Engineer, 100% of the sediment and erosion control security shall be released.
(Ord. 10-164, passed 6-17-2010)
(B) Each letter of credit shall be from a lending institution:
(1) Acceptable to the Chief Subdivision Engineer;
(2) Having capital resources of at least $10,000,000, or other amount acceptable to the Chief Subdivision Engineer;
(3) With an office in the Chicago Metropolitan Area; and
(4) Insured by the Federal Deposit Insurance Corporation.
(C) Each letter of credit shall, at a minimum, provide that:
(1) It shall be fully, irrevocably and unconditionally in effect until the installation and construction of the site improvements are completed and approved by the Chief Subdivision Engineer or for a period not to exceed 15 months, whichever is later. It shall not be canceled without the prior written consent of the Chief Subdivision Engineer and shall not expire without written notification to the Chief Subdivision Engineer at least 45 days prior to expiration;
(2) It shall not require the consent of the developer prior to any draw on it by the Chief Subdivision Engineer; and
(3) If at any time it will expire within 45 or any lesser number of days, and if it has not been renewed and the renewal submitted to the Chief Subdivision Engineer, and if any applicable obligation of the developer for which its security remains uncompleted or is unsatisfactory, then the Chief Subdivision Engineer may, without notice and without being required to take any further action of any nature whatsoever, call and draw down the letter of credit and thereafter either hold all proceeds as security for the satisfactory completion of all obligations or employ the proceeds to complete all obligations and reimburse the county for any and all costs and expenses, including legal fees and administrative costs, incurred by the county, as the Chief Subdivision Engineer shall determine.
(D) If at any time the Chief Subdivision Engineer determines that the funds remaining in the letter of credit are not, or may not be, sufficient to pay in full the remaining unpaid cost of all stormwater facility construction or sediment and erosion control measures, then, within ten days following a demand by the Chief Subdivision Engineer, the developer shall increase the amount of the letter of credit to an amount determined by the Chief Subdivision Engineer to be sufficient to pay such unpaid costs. Failure to so increase the amount of the security shall be grounds for the Chief Subdivision Engineer to draw down the entire remaining balance of the letter of credit.
(E) If at any time the Chief Subdivision Engineer determines that the bank issuing the letter of credit is without capital resources of at least $10,000,000, is unable to meet any federal or state requirement for reserves, is insolvent, is in danger of becoming any of the foregoing, or is otherwise in danger of being unable to honor a letter of credit at any time during its term, or if the Chief Subdivision Engineer otherwise reasonably deems the bank to be insecure, then the Chief Subdivision Engineer shall have the right to demand that the developer provide a replacement letter of credit from a bank satisfactory to the Chief Subdivision Engineer. The replacement letter of credit shall be deposited with the Chief Subdivision Engineer not later than ten days following the demand. Upon the deposit, the Chief Subdivision Engineer shall surrender the original letter of credit to the developer.
(F) If the developer fails or refuses to meet fully any of its obligations under this chapter then the Chief Subdivision Engineer may, in his or her discretion, draw on and retain all or any of the funds remaining in the letter of credit. The Chief Subdivision Engineer thereafter shall have the right to take any action he or she deems reasonable and appropriate to mitigate the effects of the failure or refusal, and to reimburse the county from the proceeds of the letter of credit for all of its costs and expenses, including legal fees and administrative expenses, resulting from or incurred as a result of the developer’s failure or refusal to fully meet its obligations under this chapter. If the funds remaining in the letter of credit are insufficient to repay fully the county for all costs and expenses, and to maintain a cash reserve equal to the required letter of credit during the entire time the letter of credit should have been maintained by the developer, then the developer shall, upon demand of the Chief Subdivision Engineer therefore, immediately deposit with the Chief Subdivision Engineer additional funds as the Chief Subdivision Engineer determines are necessary to fully repay the costs and expenses and to establish the cash reserve.
(Ord. 10-164, passed 6-17-2010)
ENFORCEMENT
Pursuant to the authority granted by ILCS Ch. 55, Act 5, §§ 5-1104 and 5-1062, the county may, after ten days’ notice to the owner or occupant, enter upon any lands or waters within the county for the purpose of inspecting and/or maintaining stormwater facilities or causing the removal of any obstruction to an affected watercourse.
(Ord. 10-164, passed 6-17-2010)
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