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:
That portion of the parkway that abuts a parcel of property.
Private property that abuts a portion of a parkway.
The owner, or the person that is in control of, an adjoining
property.
The diameter of a nursery sized tree measured six inches
above the ground.
The use of Village parkways for parking of vehicles in compliance
with the standards set forth in this Article 5.
That area of the adjoining parkway approved by the Village
Board for designated parkway parking as set forth in this Article
5.
Diameter of a tree as measured from 54 inches above the ground.
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.
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:
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.
Village Board action permitting use of the Village parkway
as a designated parkway parking area.
The line that demarcates and separates the extent of the
public street right-of-way and the ownership of abutting parcels of
property.
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.
The area near a tree designated to be protected during construction.
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.
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.
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.
(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 with written approval of the Village Manager or his or her designee.
(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.
(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.
(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]
(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.
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.
