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(A) Open space provided to meet minimum open space requirements must be in one or more parcels dedicated or otherwise protected as permanent, active or passive open space.
(B) Open space must be dedicated or reserved for one or more of the following uses:
(1) Conservation and protection of, any readily identifiable natural hazard areas, i.e., areas that potentially pose a significant hazard to people or property (e.g., floodplains, wetlands and lands whose slope and/or soils make them particularly susceptible to subsidence or erosion when disturbed by development activities);
(2) Conservation and protection of any identified significant natural areas (e.g., stream corridors, woodlands, rare plant communities, important wildlife habitat and the like) or other environmentally sensitive areas where development might threaten water quality or ecosystems;
(3) Conservation and protection of any identified, significant historic or cultural resources;
(4) Compatible agricultural and horticultural uses (e.g., pastureland for horses, greenhouses, pick-your-own operations, community supported agriculture and the like); or
(5) Provision of outdoor recreation opportunities including, but not limited to, bikeways, walking trails, equestrian trails and picnic areas, either for the general public or for the subdivision’s residents and their guests. Not more than 5% of total open space may be utilized for ball fields, playgrounds, tennis courts, swimming pools, basketball courts and similar uses. Golf courses shall receive and maintain designation as a certified Audubon cooperative sanctuary and shall, to the extent practicable, maximize water quality benefits through the following practices:
(a) Use of reclaimed water;
(b) Use of native wetland vegetation along ponds; and
(c) Use of landscaping design and plant material that emphasize native species, promote biodiversity and require limited use of pesticides. No more than 50% of the open space in the golf course may be fairways, putting greens, practice areas and other areas maintained solely by mowing.
Commentary:
This provision is not intended to preclude a membership requirement or monetary charge for use of recreation facilities such as a golf, swim or tennis club, as long as subdivision residents have an opportunity to join the club or pay to use club facilities.
This provision is not intended to preclude a membership requirement or monetary charge for use of recreation facilities such as a golf, swim or tennis club, as long as subdivision residents have an opportunity to join the club or pay to use club facilities.
(C) Highest priority for the location, design and use of open space must be given to conserving, and avoiding development in, any natural hazard areas on the subdivision site including but not limited to hydric soils, steep slopes, high water tables and the like. Approval of development on steep slopes shall not be unreasonably withheld.
(D) Roadways and building lots should be located to respect natural features and to maximize exposure of building lots to preserved open space.
(E) Open space may contain only buildings, structures and improvements that are integral and accessory to its function (as open space). Examples of features that may qualify under this standard include pedestrian/bicycle paths, pedestrian amenities, driveways that provided necessary access to the open space, shelters and utility-related structures that provide service to the open space area.
(F) The location, size, character and shape of required open space should be appropriate for its intended use (e.g., open space proposed to be used for recreation, particularly active recreation, should be located and designed so that it can be accessed conveniently and safely by intended users, and open space to be used for playing fields or other active recreational facilities should be located on land that is relatively flat and dry).
(G) Open space should be designed to form an interconnected network of reasonable width, with provisions for linkages to existing or potential open space on adjoining properties. Fragmentation of open space into isolated, unconnected pieces should be avoided, except to provide neighborhood parks and commons.
(H) Pathways within open space and sidewalks along roadways should be provided to connect to surrounding pedestrian/bicycle networks. This section is not intended to limit or define the type of materials used for the pathways.
(I) Open space should be used as part of an integrated stormwater management approach to maintain natural drainage patterns, attenuate water quality impacts, replenish groundwater (e.g., through bio-retention facilities such as infiltration trenches and rain gardens) and incorporate detention facilities as visual and environmental amenities such as ponds.
(J) Parkland and school sites dedicated in excess of the minimum requirements of the Chapter 91, Parks and Playgrounds and Chapter 160, the County School Site Contribution Chapter will be counted towards meeting minimum open space requirements in conservation design subdivisions.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
(A) In order to promote the protection of woodlands, 120% of the land area of woodlands may be counted toward meeting minimum open space requirements if the woodlands are set aside and permanently protected as undeveloped open space.
(B) In order to promote low-impact design and stormwater-related best management practices, 120% of the land area used for rain gardens, bioretention facilities, groundwater in-filtration systems and other county-approved stormwater BMPs may be counted toward meeting minimum open space requirements when the areas are set aside as undeveloped open space.
(C) In order to promote the provision and protection of natural preserves, 120% of the land area of natural preserves and created wetlands may be counted toward meeting minimum open space requirements if the natural preserves are set aside and permanently protected as undeveloped open space.
(D) The open space features in this section and those given limited credit under § 154.283 may not be double-counted.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009) Penalty, see § 154.999
(A) No more than 50% of the land area devoted to stormwater detention areas may be counted toward satisfying minimum open space requirements.
(B) No more than 75% of the land area devoted to treated effluent application areas may be counted toward satisfying minimum open space requirements.
(C) No more than 75% of the land area devoted to commonly owned septic drain fields may be counted toward satisfying minimum open space requirements.
(D) No more than 75% of the land area identified as 100-year floodplain may be counted toward satisfying minimum open space requirements.
(E) No more than 75% of the land area identified as floodway may be counted toward satisfying minimum open space requirements.
(F) Excluding the limited credit for open space features set forth in divisions (A) through (E) above, at least 50% of the land counted toward satisfying the minimum open space requirement shall be conserved as natural habitat and planted with native species.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009) Penalty, see § 154.999
(A) Ownership.
(1) The applicant must identify the owner of the open space and is responsible for obtaining and filing with the Chief Subdivision Engineer an official letter of acceptance of the ownership and maintenance responsibilities. A property owners association may transfer or convey any and all open space to a land conservation agency, or similarly qualified entity, selected with the advice and consent of the Plat Committee; consent shall not be unreasonably withheld. A land conservation agency, or similarly qualified entity, may be selected by the owner(s) to perform maintenance and upkeep of any and all open space with the advice and consent of the Plat Committee; consent shall not be unreasonably withheld.
(B) Maintenance; generally. The owner, or if turned over to a land conservation agency or similar entity approved by the Plat Committee, is responsible for maintaining the open space and any associated facilities owned by the owner, property owners association or land conservation agency. If a property owners association is the owner, membership in the association shall be mandatory and automatic for all property owners of the subdivision and their successors; the requirement shall be included in the covenants and restrictions for the subdivision and recorded with the conveyance of each lot. Unless agreed in writing by the developer and land conservation agency, and approved by the Chief Subdivision Engineer, open space ownership and/or maintenance shall be turned over when 80% of the lots are sold.
(C) Maintenance special service area requirement.
(1) The applicant acknowledges that the County Board shall propose and establish one or more maintenance special service areas pursuant to the special service area tax law upon all taxable property within the subdivision. The maintenance special service area (MSSA) will be used as a backup funding mechanism in the event that the property owners association or any other person or entity charged with maintenance and upkeep of the maintenance special service area, fails to adequately carry out and/or provide maintenance and upkeep of the special service area and/or perform its duties as provided in the initial or long term management plan as determined by the Plat Committee. In that event, the County Board may enact an ordinance to levy an ad valorem special tax against all taxable property within the proposed maintenance special service area in order to fund the necessary maintenance and other costs set forth herein. In furtherance of this requirement, the applicant shall submit to the Plat Committee a fully-executed MSSA application.
(2) Upon receipt of the MSSA application, the Plat Committee shall submit a proposing ordinance to the County Board for its consideration.
(3) In the event the County Board adopts the proposing ordinance, an MSSA hearing shall be held pursuant to the terms of the proposing ordinance and special service area tax law.
(4) The County Board shall consider and vote upon the establishment of the maintenance special service area after the later to occur of:
(a) Expiration of the MSSA objection period or, in the event the State’s Attorney determines that sufficient consents to the formation of the proposed maintenance special service area have been obtained which adequately waive the right to object to the formation of the proposed maintenance special service area under the special service area tax law, then upon the determination; or
(b) The date all authorized signatures are on the final plat.
(5) Prior to the County Board considering and voting upon enacting the levy ordinance for the established MSSA, all landowners within the MSSA shall be noticed in writing via first-class mail and a non-binding public hearing with the Plat Committee shall be held to hear comment. Notice of the time and place of the hearing shall also be published in a newspaper of general circulation in the county not less than 15 days before the hearing.
(D) Management plan.
(1) The applicant must submit a management plan, including initial and long-term phases, for implementation and maintenance of open space and all common areas.
(2) Prior to approval by the county, the management plan must be submitted to the Will/South Cook Soil and Water Conservation District (SWCD) for review and comment.
(3) The management plan must:
(a) 1. Allocate and outline developer responsibility and guidelines for the initial phase of the management plan.
2. The developer must consent to inspections by the county to check for compliance with the management plan through the initial phase not to exceed a five-year period.
3. The initial phase inspection process must be through application by the developer to the county through the Plat Committee, and all inspection fees shall be borne by the developer;
(b) 1. Allocate landowner(s) or property owners association responsibilities and guidelines for the long-term phase of the management plan.
2. This must include an annual inspection and report to the Plat Committee by a qualified consultant or entity selected by the landowner(s) or property owners association and approved by the Plat Committee.
3. The cost of the annual inspection shall be borne by the landowner(s) or property owners association;
(c) Estimate the costs and staffing requirements needed for maintenance, operation and insurance and outline the means by which necessary funding will be obtained or provided;
(d) Provide that any changes to the management plan be approved by the Chief Subdivision Engineer;
(e) Provide for enforcement of the management plan;
(f) Provide for a budget which lists operation and capital expenses; and
(g) Provide for updating of the long-term management plan a minimum of every five years.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009) Penalty, see § 154.999
(A) The open space must be protected in perpetuity by a binding legal instrument that is recorded with the deed. The legal instrument must be one of the following:
(1) A permanent conservation easement in favor of either:
(a) A land conservation agency with legal authority to accept the easements. The organization must be bona fide and in perpetual existence and the conveyance instruments must contain an appropriate provision for transfer in the event the organization becomes unable to carry out its functions; or
(b) A governmental entity (if the entity accepting the easement is not the county, then a third right of enforcement favoring the county must be included in the easement).
(2) An open space tract protected by a permanent restrictive covenant for conservation purposes in favor of a governmental entity; or
(3) An equivalent legal tool that provides permanent protection, as approved by the State’s Attorney.
(B) The instrument for permanent protection must include clear restrictions on the use of the open space. These restrictions must include all restrictions contained in this section, all restrictions approved by the County Board and any further restrictions the applicant chooses to place on the open space.
(Ord. passed 7-8-1970; Res. 09-167, passed 6-18-2009)
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