The intent and purpose of this Article 5 is to promote, protect and preserve the general health, safety and welfare of the people of Lincolnwood.
(A) 
These regulations apply to Village parkways so as to:
(1) 
Ensure public safety and protect, preserve and enhance the Village's green space, urban forest and parkway system.
(2) 
Restrict and regulate other uses of parkways so as to minimize the harmful or nuisance effects resulting from urban runoff and flooding, which result from excessive use of impervious ground material.
(3) 
Promote the visual and aesthetic quality along the public rights-of-way in the Village.
(B) 
The regulations in this Article 5 shall apply to all parkways within the Village.
The following definitions shall apply in the interpretation and enforcement of this Article 5:
ADJOINING PARKWAY
That portion of the parkway that abuts a parcel of property.
ADJOINING PROPERTY
Private property that abuts a portion of a parkway.
ADJOINING PROPERTY OWNER
The owner, or the person that is in control of, an adjoining property.
CALIPER
The diameter of a nursery sized tree measured six inches above the ground.
DESIGNATED PARKWAY PARKING
The use of Village parkways for parking of vehicles in compliance with the standards set forth in this Article 5.
DESIGNATED PARKWAY PARKING AREA
That area of the adjoining parkway approved by the Village Board for designated parkway parking as set forth in this Article 5.
DIAMETER BREAST HEIGHT
Diameter of a tree as measured from 54 inches above the ground.
LAWFUL BUILDING or STRUCTURE
Any building or structure for which a building permit has been issued and on which construction covered by such permit is completed or will be completed within the required period of time.
LINE-OF-SIGHT TRIANGLE
The triangular area circumscribed by (a) two legs running along the edge of the pavement lines of two intersecting streets and/or alleys, and (b) the hypotenuse formed by the line that connects the two legs. The length of the legs of a line-of-sight triangle shall be calculated as follows:
(i) 
Along streets with a speed limit of 30 miles per hour or greater: 40 feet;
(ii) 
Along streets with a speed limit of under 30 miles per hour: 35 feet; and
(iii) 
Along alleys: 15 feet.
PARKWAY
That portion of the street right-of-way located between the street curb and the property line. Commonly, a parkway is that area of the street right-of-way that is between the street curb and an existing public sidewalk located along a property line, or between a public carriage sidewalk and the property line.
PARKWAY PARKING DESIGNATION
Village Board action permitting use of the Village parkway as a designated parkway parking area.
PROPERTY LINE
The line that demarcates and separates the extent of the public street right-of-way and the ownership of abutting parcels of property.
REDEVELOPMENT
For purposes of this Article 5, "redevelopment" shall mean demolition of more than 50% of an existing building or structure. It shall also mean construction of a new building. It shall also include reconstruction of more than 50% of a building, or structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the building or structure shall be reconstructed to effect a restoration to the condition in which it was before the occurrence.
ROOT PROTECTION ZONE (RPZ)
The area near a tree designated to be protected during construction.
STREET RIGHT-OF-WAY
A strip of publicly owned land that is intended to allow for the passage of people or goods and commonly contains streets, utilities and sidewalks, so as to allow movement and provide access to private property.
VEGETATIVE GROUND COVER
Plants whose habit is to grow and spread near the ground, typically planted in multiples to form a low, dense covering of the earth. Often used instead of grass or where grass will not grow.
No landscaping may be installed or maintained in any parkway in the Village except in compliance with the requirements of this Article 5.
All property owners or persons in control of private property adjoining, adjacent and contiguous to a section of Village parkway shall be responsible for:
(A) 
Ongoing routine care, maintenance and upkeep of adjoining parkway landscaping, including periodic watering and fertilization of trees, grass and ground cover and the periodic seasonal removal of weeds and mowing of turf.
(B) 
In the event the adjoining, adjacent, and contiguous property owners have been authorized by the Village to landscape the parkway, they shall maintain street corners with a clear unimpeded line of sight over an adjoining parkway, pursuant to the regulations set forth in Section 6-5-5 of this Code.
(A) 
All shrubbery or hedges located within a Village-owned right-of-way and within the line-of-sight triangle shall be maintained and kept trimmed at all times to a height not to exceed 30 inches.
(B) 
All trees shall be trimmed at all times upwards at least 48 inches from the base of the tree, and shall be maintained and trimmed as to eliminate obstructions within the line-of-sight triangle. No shrubbery or hedges shall be planted at the base of any tree located within a Village-owned right-of-way and within the line-of-sight triangle.
(C) 
All shrubbery, hedges, trees or other growth abutting any alley in the Village shall be maintained and kept trimmed so that the growth of the branches thereof shall not extend beyond the private property line and shall not extend over or onto the public alley right-of-way.
(D) 
The Village shall have the right, but not the obligation, to order the owner of any landscaping located within a Village-owned right-of-way to remove the landscaping, or to cause the removal upon the failure of the owner to remove the landscaping and to charge the owner for the costs of removal incurred by the Village, if either the Director of Public Works or the Chief of Police determine, in their sole discretion, that the landscaping is injurious to the public health, safety, or welfare.
It shall be unlawful for a person to:
(A) 
Damage, cut, carve, transplant, remove, or injure the bark of any tree or plant located in the parkway.
(B) 
Attach any rope, wire, nail, sign, poster, any man-made object, or other contrivance to any tree or plant located in the parkway; provided, however, that this Section 6-5-6(B) shall not apply to governmental signs.
(C) 
Dig or otherwise disturb vegetative ground cover, sod or grass, or in any other way injure or impair the natural beauty or usefulness of any parkway or parkway tree.
(D) 
Release any gaseous, liquid or solid substance in any parkway, which is harmful to trees, sod, grass or ground cover.
(E) 
Damage or remove any approved substitute material that may be installed in a parkway pursuant to Section 6-5-13 of this Code.
The following provisions shall apply to any property for which the Village issues a building permit for any new construction or redevelopment of any building or structure, or for an addition of a size equal to or greater than 50% of the square footage of the existing building or structure. When authorized by the Village, property owners shall comply with the following requirements:
(A) 
All Village parkways with a minimum width of three feet as measured from the street curb to the public sidewalk or from the public sidewalk to the property line, whichever is the case, shall have parkway trees.
(B) 
One parkway tree shall be required for each 25 linear feet of property frontage, or any fraction thereof greater than 1/2 for small trees and 40 linear feet for large trees at maturity. Refer to the Village of Lincolnwood Arboricultural Standards Manual for a list of species in each category.
(C) 
Any existing parkway tree of two-and-one-half-inch caliper or more, measured at a point six inches above grade, located within the parkway shall be counted toward satisfaction of this requirement.
(D) 
All parkway trees shall be from a list of trees listed in the Village of Lincolnwood Arboricultural Standards Manual.
(E) 
Each parkway tree installed by the Village shall have a minimum caliper of 2 1/2 inches, measured at a point six inches above grade level, at time of planting and shall be balled and burlapped.
Property owners interested in planting trees in their adjoining parkway shall make application and requisite payment to the Department of Public Works for the installation of parkway trees as required by this Article 5.
(A) 
Application for parkway trees shall be made on forms approved by the Village Manager and shall include information determined reasonably necessary by the Village Arborist.
(B) 
Requisite payment shall accompany each application for a permit. The Village Board shall establish the cost of parkway tree permits, which may equal in whole or part the cost to the Village for each parkway tree planted.
(C) 
Notwithstanding the provisions of Section 6-5-7 of this Code, prior to permit approval, the Village Arborist may modify the requested tree species or planting location, when in the opinion of the Village Arborist such modifications are in the best interests of public health or safety, the survival or livability of the tree, increase species diversity or management of the Village's urban forest.
(D) 
The Village Arborist shall review parkway tree applications and, upon approval, a written permit shall be issued by the Village Arborist. Upon permit issuance, the tree species, size, date and location of planting shall be recorded by the Village Arborist and entered into permanent records of the Village.
(E) 
If in the opinion of the Village Arborist, specific site conditions are not conducive for tree planting or long-term tree survival, the Village Arborist shall document such conditions and issue a written waiver from the parkway tree requirements of Section 6-5-7 of this Code. Said waiver shall be noted in the permanent records of the Village and a copy of said waiver given to the adjoining property owner.
(F) 
The Village Arborist may, upon written request from an adjoining property owner, waive the parkway tree requirements of Section 6-5-7 of this Code, when in the opinion of the Village Arborist, the location and size of existing trees planted and located on adjoining private property in close proximity to the parkway serve to meet the intent of this requirement. Where such a waiver is granted, the Village Arborist shall document in the permanent records of the Village, the species, caliper, height, condition, location and distance from the parkway of the private tree(s) which serve as the basis for the waiver. A waiver granted under this Section 6-5-8(F) shall be automatically nullified if the private tree(s) identified as the basis for the waiver are significantly damaged, die or are otherwise removed from the private property. A written copy of said waiver, which shall state the specific private tree requirement as a condition of the waiver, shall be given to the adjoining property owner.
The trimming or removal of parkway trees shall be made only by the Department of Public Works, its designee or approved Village contractor, under supervision of the Village Arborist, or as may be granted by Village permit pursuant to Article 2 of this Chapter 6.
Property owners may request and make application for the removal of a parkway tree in an adjoining parkway.
(A) 
Application for parkway tree removal shall be made on forms approved by the Village Manager and shall include the applicant's reason(s) for the removal request and other information as may be determined reasonably necessary by the Village Arborist.
(B) 
The Village Arborist shall review completed applications for parkway tree removal. If in the opinion of the Village Arborist, the removal of the parkway tree improves public safety, enhances the Village's urban forest or otherwise furthers the intent of this Article 5, such a determination shall be documented and a tree removal permit shall be issued.
(C) 
In approving any tree removal permit, the Village Arborist may condition such permit upon the installation of replacement tree(s) in the parkway or on adjoining property or may condition such permit on other reasonable remedies as the Village Arborist may determine so as to further the intent of this Article 5. The cost of any tree removal pursuant to this Section 6-5-10(C) shall be borne by the applicant.
(D) 
In denying any tree removal permit, the Village Arborist shall state the reasons for the denial and provide said reasons to the applicant.
(E) 
An application for parkway tree removal by an adjoining property owner shall not be required for the Village Arborist to direct the removal of any diseased or dangerous parkway tree, when such removal is determined by the Village Arborist to be in the interests of public health or safety. At the time of any such removal, the Village Arborist shall notify the adjoining property owner of the reasons for removal and any parkway tree replacement obligations pursuant to Sections 6-5-7 and 6-5-8 of this Code.
Any person aggrieved by a decision made by the Village Arborist pursuant to this Article 5 may appeal such decision to the Village Manager. Any person aggrieved by the decision of the Village Manager may appeal such decision to the corporate authorities.
A penalty shall be assessed against the adjoining property owner for each tree that may be trimmed, destroyed or removed without the prior written approval of the Village in violation of Section 6-5-9 of this Code. The penalty shall be assessed as follows:
(A) 
Each tree illegally removed will be replaced on an inch-by-inch basis.
(B) 
The total dollar amount assessed will be calculated by the number of diameter inches lost. For trees four inches or less in diameter, the measurement is made at caliper. For trees greater than four inches in diameter, the measurement is made at diameter breast height.
(C) 
The total dollar amount for an illegally removed tree is the total number of inches lost multiplied by the amount set forth in the Annual Fee Resolution.[1]
[1]
Editor's Note: The Annual Fee Resolution is included in the on-line version of the Code of the Village of Lincolnwood (eCode360®). It is also on file in the Village offices.
(D) 
If just limbs are removed, the penalty is based on the total dollar amount of the percentage of lost crown.
(E) 
Placement of new trees planted as a result of this penalty will be at the discretion of the Village Arborist.
[Amended 5-7-2024 by Ord. No. 2024-3776]
(A) 
Parkways shall be planted only with vegetative ground cover or sod except for public sidewalks, driveway aprons and designated parking areas as may be approved by permit or may otherwise be approved by the Village Board.
(B) 
The use of impervious materials, such as concrete, asphalt, gravel, stone and rock, used as ground cover and as a substitute for required grass or vegetative ground cover is hereby prohibited and shall not be installed, placed upon or maintained in any parkway.
(C) 
When in the opinion of the Village Manager or his or her designee, site specific parkway conditions render the use, durability, longevity or livability of grass or vegetative ground cover problematic, the Village Manager or his or her designee may exempt portions of the parkway from the requirements of this Section 6-5-13. In such circumstances, the use of durable decorative brick pavers or other suitable material may be substituted under the direction and approval of the Village Manager in accordance with Section 6-5-13(D) and (E) of this Code.
(D) 
In approving any exemption from the requirements of this Section 6-5-13, the Village Manager or his or her designee shall:
(1) 
Document and record the site specific conditions which warrant the granting of an exemption from this Section 6-5-13.
(2) 
Document and record the specific parkway location(s) covered by the exemption.
(3) 
Specify the approved brick pavers or substitute material to be used in lieu of sod, grass or vegetative ground cover, which may include the color, type, pattern, product vendor or manufacturer as well as installation directions. In specifying brick pavers or other substitute material, the Village Manager or his or her designee shall:
(a) 
Consider the site environment and the quality, durability and life of the product.
(b) 
Consider the area streetscape environment and the visual effect of the material upon the public way.
(c) 
Select a quality material that is, or can be, uniform or compatible with other exemption(s) that have been or may be granted on any particular street, block segment or area of the Village.
(E) 
Notwithstanding any provision of this Code to the contrary, the following materials may be installed and maintained within a Village-owned parkway, upon payment of a nonrefundable license fee in the amount set forth in the Annual Fee Resolution, and upon the execution by the owners of the adjoining property and by the Village Manager of a license agreement therefor, in a form to be approved by the Village Manager in their sole discretion.
(1) 
Landscape materials and block retaining walls.
(2) 
Brick pavers and other alternative driveway materials, for which the license agreement required by this Section 6-5-13 must be recorded against the adjoining property.
(3) 
Driveway heating elements, to be installed no closer than four feet from the street curb, and for which the license agreement required by this Section 6-5-13 must be recorded against the adjoining property.
(4) 
Low-voltage lighting improvements, with a maximum of 24 volts.
(5) 
Sprinkler systems and other irrigation materials.
(A) 
Where parkway restoration including installation of sidewalk is required by the Village, subsurface excavation to remove clay, stone, rock, concrete, debris and other material not conducive to vegetation and root development shall be removed. The excavation shall not encroach within the root protection zone. An approved, highly visible, physical barrier (e.g., snow fencing) shall be used to delineate the outside boundary of the RPZ. Such areas shall be replaced with a topsoil growing medium as approved by the Village Arborist.
(B) 
The Village shall have no obligation to replace any landscaping located within the parkway that is removed in connection with any Village maintenance, construction, or repair activities within the right-of-way. Upon the completion of any such activities, the Village shall: (1) replace any and all sod removed by the Village with sod of like quality; and (2) replace any and all natural grass removed by the Village by seeding with a good quality seed.
(A) 
Vehicle ingress and egress over parkways, from public streets to private property, shall be limited to approved driveway aprons and approaches designed to access private driveways, off-street loading areas or off-street parking lots. Such driveway aprons shall be restricted to the width of the driveway or the minimum width necessary for property access. No curb cut shall be made without first securing a permit from the Community Development Director.
(B) 
A continuous curb cut or continuous driveway apron or approach over the parkway, intended or used to serve as access to multiple individual off-street parking spaces, is specifically prohibited.
(C) 
The parking or storing of vehicles on driveway aprons or approaches located in the parkway is prohibited.
Parking of vehicles on Village parkways is prohibited except in specially designated parking areas that are specifically designed for parking as may be approved by the Village Board. In designating parking areas and parking spaces in Village parkways, the Village Board may:
(A) 
Designate sections of Village parkways for parking spaces that are available to the general public, which may be free of charge, metered or otherwise controlled or used for a fee.
(B) 
Designate sections of Village parkways for designated parking that may be used for a fee by an adjoining property owner.
Any property owner may petition the Village to designate and approve portions of an adjoining parkway for restricted parking use. Applications requesting such designated parkway parking shall be made on forms approved by the Village Manager and shall include the following information and documents:
(A) 
A description of the proposal, including the proposed number of parking spaces and the layout of requested parking.
(B) 
The intended user(s) of the spaces.
(C) 
A statement indicating that the proposal would meet the design standards contained in Section 6-5-18 of this Code, or absent full compliance, a statement as to what design standards would and would not be met by the proposal.
(D) 
The requested term or arrangement with the Village for utilizing the designated parking area.
(E) 
An acknowledgement that: (1) the affected parkway is and will remain the property of the Village; and (2) the Village will retain the right to utilize the parkway for purposes other than parking.
The use of any Village parkway for parking of vehicles shall be designed with the following features:
(A) 
The location, design and layout of parkway parking areas and spaces shall not encroach upon, obstruct or interfere with pedestrian sidewalks or access, street traffic flow, off-street loading operations, drainage, fire hydrants, streetlighting, trees or any utilities that may exist in the public way.
(B) 
Parkway parking areas shall include areas for installation of parkway trees to be installed at the sole cost and expense of the permittee that shall be located no less than every 50 feet apart. Such areas for trees shall be sufficient in size for long-term tree survival as determined by the Village Arborist.
(C) 
A continuous nonmountable six-inch concrete curb shall separate parkway tree areas from parkway parking spaces.
(D) 
A continuous nonmountable six-inch curb shall be installed between any adjoining sidewalk and any parking space. The use of concrete wheel stops for this purpose is prohibited.
(E) 
No parkway parking space shall be located in any sight triangle of any street or driveway intersection or within 10 feet of any street or driveway apron, whichever is greater. Such sight triangle areas shall be installed and maintained with vegetative ground cover, grass, or sod.
(F) 
Parking stall size shall be no less than nine feet by 18 feet, or as may be approved by the Village Engineer.
In considering any request for designated parkway parking, the Village Board shall consider the following:
(A) 
Existing area parking demand and off-street parking availability.
(B) 
On-street parking demand and availability.
(C) 
Existing or prior use of the parkway for parking.
(D) 
Compliance of the applicant with the Village's Landscape Ordinance.
(E) 
Compliance of the parking proposal with the parking design standards of Section 6-5-18 of this Code.
(F) 
The effect of compliance by the applicant with Section 6-5-13 of this Code and the elimination of continuous curb cuts and continuous driveway aprons on the parkway.
(G) 
The comments of citizens and property owners, particularly those in close proximity to the proposed parking area.
(H) 
The effect of the proposal on: street traffic flow, pedestrian access, and public safety; drainage and utilities; and fire, police, and emergency response.
[Amended 5-20-2014 by Ord. No. 2014-3095]
(A) 
Prior to establishing any designated parkway parking area, a public meeting shall be held on the proposal by the Village Board or a designated committee or commission. Where a committee or commission has been designated by the Village Board to conduct such a meeting, a written report by the designated body with a recommendation shall be forwarded to the Village Board for consideration. Such a report shall summarize testimony provided at the public meeting and the findings of the body relative to compliance with the parking design standards contained in Section 6-5-18 of this Code and the considerations contained in Section 6-5-19 of this Code.
(B) 
The Village shall give written notice by United States first class mail of such public meeting to each taxpayer of record of all properties lying within 250 feet of the proposed parking area, to the address of the taxpayer recorded by Cook County for the issuance of tax bills. Such distance area shall be measured from the proposed parking area along street frontage. Such notice shall be sent by and at the cost of the applicant. Said notice shall indicate the time, date and place of the public meeting, provide the nature and location of the proposal, and invite public comment at the meeting.
(A) 
In approving of and designating any parkway for use as a designated parkway parking area, the Village Board shall set the term and conditions of the designation. The fee shall be in the amount set forth in the Annual Fee Resolution.[1]
[1]
Editor's Note: See Ch. A25, Fees.
(B) 
The following shall result in termination of a parkway parking designation:
(1) 
The owner of the adjoining property requests termination of the parkway parking designation; or
(2) 
The adjoining property is the subject of redevelopment.
(C) 
A parkway parking designation may be terminated if:
(1) 
The Board of Trustees determines that the adjoining property owner materially breached regulations set forth in this Article 5, violated parkway parking designation conditions set by the Village Board, or violated the terms of a designated parkway parking permit;
(2) 
The Board of Trustees determines that a designated parkway parking area is needed for municipal or governmental purposes; or
(3) 
The Village Engineer determines, and the Board of Trustees concurs, that a designated parkway parking area is unsafe for motorists, pedestrians, or the traveling public.
(D) 
Following termination of a parkway parking designation, the permit therefor shall be revoked and the adjoining parkway area shall be restored by the permittee as required by this Article 5, unless otherwise determined by the Village.
(A) 
The committee or commission designated by the Village Board to hear such requests may recommend, and the Village Board may grant, variations from the regulations contained in Sections 6-5-13, 6-5-14, 6-5-15 and 6-5-18 of this Code relating to designation of parkway parking where there are practical difficulties or particular hardships in specific cases in carrying out the strict letter of this Article 5. Such recommendations shall be communicated to the Village Board in writing. The Village Board may determine to waive or modify any requirement of Sections 6-5-13, 6-5-14, 6-5-15 and 6-5-18 of this Code to the extent the Village Board deems just and proper and grant a parkway parking designation. In determining whether in a specific case there are practical difficulties or particular hardships in the way of carrying out the strict letter of this Article 5 in determining whether to grant a parkway parking designation, there shall be taken into consideration the extent to which the following facts are established.
(1) 
Whether failure to grant a permit will render the adjoining property obsolete and unusable due to the required removal of current parking from the Village parkway or the adjoining property.
(2) 
Due to unique circumstances, including, but not limited to, the small size of the tract of land comprising the adjoining property, topographical, or other conditions peculiar to the site, street traffic, or surrounding conditions, it is not feasible or impractical to conform to the design standards of a designated parkway parking area.
(3) 
The extent to which strict compliance with this Article 5 will shift parking onto nearby residential streets.
(4) 
The requested variation does not violate the intent and purpose of the Parkway Landscaping Ordinance.
(5) 
The granting of the variation will not be detrimental to the public health, safety and welfare or injurious to other property in the area in which the adjoining property in question is located.
(B) 
The committee or commission designated by the Village Board to hear such requests may recommend, and the Village Board may impose, such conditions and restrictions upon the variation as may be deemed necessary to assure the spirit of compliance with the standards set forth in this Article 5, to reduce or minimize the effect of such variation upon other property in the neighborhood, or to implement the general purpose and intent of this Article 5. Unless otherwise determined by the Village Board, all variations from designated parkway parking requirements shall run with the use located on the adjoining property.
(C) 
In cases where a variation is granted from designated parkway parking requirements, upon approval and prior to issuance of the initial permit for such parking, the applicant shall deposit with the Village, a sum equal to the current cost (as determined by the Village Arborist) for the total number of trees required in the parkway parking area subject to the granted variation, minus the number of trees installed or located in the parkway parking area. The Village shall deposit this parkway tree replacement fee into a special Village fund established and used to plant trees elsewhere in the Village.
(A) 
Application and fee. Applicants for a designated parkway parking permit or a variation from the requirements of Sections 6-5-13, 6-5-14, 6-5-15 and 6-5-18 of this Code must file an application with the Village. The applicant shall pay an application fee and processing cost deposit to the Village for every application. The fees shall be in the amount set forth in the Annual Fee Resolution.[1]
[1]
Editor's Note: See Ch. A25, Fees.
(B) 
Processing. Unless otherwise provided herein, variations from the requirements of this Article 5 relating to the establishment of designated parkway parking shall be processed and heard in the same manner as applications to establish a designated parkway parking area.
(C) 
Processing costs. In addition to the application fee and other deposits required herein, the adjoining property owner or owners and applicant shall be responsible for the actual processing costs incurred by the Village which are in excess of the required application fee and deposit amounts in processing such application. For purposes of calculating the Village's actual costs incurred in processing an application, the following shall be considered costs incurred by the Village:
(1) 
Publication and mailing costs.
(2) 
Recording secretary services.
(3) 
Staff review and preparation. The Village Manager shall determine such costs which shall be set forth in a schedule to be revised from time to time. Said amounts to be the hourly salary times a multiplier to be established from time to time by the Village Manager at a level sufficient to recover 100% of the direct and indirect cost of such reviews.
(4) 
Document preparation and review. Said amounts shall be the hourly salary times a multiplier to be established from time to time by the Village Manager at a level sufficient to recover 100% of the direct and indirect cost of such service.
(5) 
Professional, technical and engineering consultant services at the direct cost of such services.
(6) 
Legal review, consultation and advice at the direct cost of such services.
(7) 
Copy reproduction at the direct cost of such services.
(D) 
Liability for payment of fees, deposits and processing costs. The adjoining property owner or owners and, if different, the applicant, shall be jointly and severally liable for the payment of all applicable fees, deposits and processing costs incurred by the Village in processing the application. By signing the application, the adjoining property owner or owners and applicant shall be deemed to have agreed to pay all such applicable fees, deposits and processing costs and to consent to the filing of a lien against the adjoining property and the foreclosure of said property to ensure collection of any such fee. This includes the costs of collection, including reasonable attorney fees, and any fees not paid within 30 days following the mailing of a written demand for such payment to the owner or applicant at the address shown on the application. Any lien filed pursuant to this Section 6-5-23(D) may be foreclosed in the manner provided by statute for mortgages' or mechanic's liens.
(E) 
Fee payment and deposit.
(1) 
Initial payment and deposit. Every application filed pursuant to this Article 5 shall be accompanied by the required fee plus a deposit where this Article 5 so requires. The Village Manager shall determine if applicable processing costs will exceed the deposit. If the Village Manager determines that applicable processing costs will exceed the required deposit, the Village Manager shall determine the additional necessary amounts to be deposited with the Village. No interest shall be payable on any such deposit.
(2) 
Charges against deposit. From the date of filing of any application pursuant to this Article 5, the Village shall maintain an accurate record of the actual costs, as set forth above, for processing such application. The Village Manager shall, from time to time, draw funds from the account established for such application deposit to pay such costs and shall transfer such funds to the appropriate Village accounts. The Village Manager shall maintain an accurate record of all such withdrawals.
(3) 
Additional deposits. Should the Village Manager at any time determine that the account established in connection with any application deposit is, or is likely to become insufficient to pay the actual costs of processing such application, the Village Manager shall inform the applicant of that fact and demand an additional deposit in an amount deemed by the Village Manager to be sufficient to cover foreseeable additional processing costs. Unless and until such additional amount is deposited by the applicant, the Village Manager may direct that processing of the application shall be suspended or terminated.
(4) 
Final settlement. As soon as reasonably feasible following final action on an application, the Village Manager shall cause a final accounting to be made of the deposits made in connection with such application and the actual cost of processing such application and shall make a final charge of such costs against such deposits. A copy of the accounting shall be provided to the owner and the applicant. If the amount in the deposit account is insufficient to pay the total actual costs, a written demand for payment of the balance due shall be mailed to the owner and the applicant. If an unused balance remains in the deposit account after paying the total actual costs, it shall be returned to the applicant without the payment of interest.
(5) 
Fee payment. The owner or owners and applicant shall pay the Village the processing costs within 10 days after the submission of the bill from the Village. Such bill may cover services previously rendered, or a reasonable estimate of additional deposit amounts and processing costs.
(F) 
Condition of all applications, approvals and permits. No application filed pursuant to this Article 5 shall be considered complete unless and until all fees and deposits due pursuant to this Article 5 have been paid. Every approval granted and every permit issued pursuant to this Article 5 shall, whether or not expressly so conditioned, be deemed to be conditioned upon payment of fees, processing costs and any deposits as required by this Article 5. The failure to fully pay any such fee, processing cost or deposit, when due, shall be grounds for refusing to process an application and for denying or revoking any permit or approval sought or issued for use of the adjoining parkway to which the processing costs, or deposit relates.
(G) 
Exemption for certain public bodies. The provisions of this Section 6-5-23 shall not apply to, and no fees, deposits or processing costs shall be required of, any public body or agency deriving the majority of its revenues from taxes levied within the Village of Lincolnwood.
Unless otherwise determined by the Village Engineer, a five-foot public sidewalk adjacent to the property line or adjacent to the street curb shall be installed and maintained in all Village parkways located in the B1, B2 and MB Zoning Districts. Where an adjoining parkway is landscaped in compliance with this Article 5 but lacks a public sidewalk as specified herein, the adjoining property owner is not required to install a public sidewalk unless the adjoining property owner or applicant damages the existing sidewalk during the installation of the landscaping, or the adjoining property becomes the subject of redevelopment.
[Amended 11-19-2013 by Ord. No. 2013-3075]
The Village Manager and Village Arborist may propose and develop specific planting, installation, restoration and design guidelines which further the intent of this Article 5, which guidelines shall be subject to the approval of the Village Board.
The Village assumes no liability for any structure or improvement located or placed in any Village-owned right-of-way pursuant to this Article 5 by any person, firm, corporation, trustee or legal entity or association, or any unit of local government other than the Village.