The regulations set forth in this Article 15 shall apply to all work, whether construction or demolition work, for which a permit is required pursuant to this Chapter 14.
The following definitions shall apply in the interpretation
and enforcement of this Article 14:
An extension or increase in floor area or height of a building
or structure.
[Added 7-18-2023 by Ord. No. 2023-3713]
The beginning of demolition or removal of a structure done
in conjunction with a permit, other than the installation of the protective
fencing required pursuant to other code provisions and any approved
erosion control.
The beginning of the new work under a permit for the structure
being constructed.
Removal of the walls of the first floor above the foundation
of the structure being demolished or removal of all foundation material
from the excavation in the case of a foundation removal.
All the on-site work done in building or altering structures
from land clearance to completion, including excavation, erection,
and the assembly and installation of components and equipment.
The razing and removal of all or substantially all of a structure
or removal of such portions of a principal structure as to make the
structure uninhabitable or unsafe for human occupancy.
An official Village document, issued by the Building Official
of the Department of Community Development, authorizing the construction
or demolition of structures in the Village boundaries.
[Amended 7-18-2023 by Ord. No. 2023-3713]
[Amended 7-18-2023 by Ord. No. 2023-3713]
No permit or approval made pursuant to this Chapter 14 shall be valid for a period of more than one year after the date of issuance. After work pursuant to a permit has commenced, such work shall not be suspended or abandoned for a period of more than 30 consecutive days. Pursuant to this Article 15 , Section 105.5 of the 2015 International Building Code, and Section R105.5 of the 2015 International Residential Code, a permit shall be deemed invalid unless work is commenced within 180 days after issuance of the permit.
[Amended 2-21-2023 by Ord. No. 2023-3661; 7-18-2023 by Ord. No. 2023-3713]
Permit applications shall be accompanied by the following plans
and specifications when determined or required by the Building Official
based on overall scope of work:
(A)
Building plans and specifications; demolition and construction on same property. If the application includes both demolition of a principal structure and construction of a new principal structure on the same property, then the application shall include, without limitation of the other plans required pursuant to this Article 15, building plans and specifications prepared in compliance with the provisions of this Code for the new structure to be built on the subject property. The submission of building plans and specifications for the new structure to be built on the subject property shall not absolve the applicant of the responsibility to restore the site, to the extent required pursuant to Section 14-15-11-7 of this Code.
(B)
Demolition without construction; site restoration plans and specifications. If the application includes only demolition of a principal structure, but not construction of a new structure on the same property, then the application shall include a detailed site restoration plan depicting all work required to restore the subject property pursuant to, and in compliance with, Section 14-15-11-7 of this Code.
(C)
Survey. The applicant shall provide a current survey, no older than
five years or up-to-date and accurate, prepared by a licensed Illinois
surveyor and certified by the surveyor showing the subject property
and the location of all existing structures, and impervious surfaces
and all contemplated new structures and impervious surfaces on the
subject property.
(D)
Proof of ownership required for demolition permit. If the application
includes demolition of a principal structure, then the applicant shall
include a copy of the deed for the subject property as proof of ownership
of the subject property. If the applicant is not the owner of the
subject property, then the applicant shall provide a copy of the deed
for the subject property in a format acceptable to the Village from
the owner of the subject property, authorizing the applicant to apply
for a demolition permit for the subject property and consenting to
the demolition.
(E)
Site development plans. In addition to all other Village departmental
regulations, Village ordinances, plans and specifications, the application
shall include, when determined or required by the Building Official
based on overall scope of work, detailed plans and specifications
for stormwater management, soil erosion control, and grading on the
subject property. Such plans and specifications shall be on a drawing
or drawings separate from all other plans and specifications, labeled
as "Site Development Plans." Such plans and specifications shall be
prepared by a professional engineer, or by a design professional other
than a professional engineer at the discretion of the Building Official,
and shall include a certification by the applicant, in a form provided
by the Village, that all requirements of the Village's codes, ordinances,
and regulations related to site development, soil erosion control,
and grading shall be satisfied by the applicant at all times. Among
other details, the required site development plans shall include:
(1)
Drainage plans and soil erosion control during demolition, if
any;
(2)
Stormwater management and soil erosion control during any period
of time between completion of demolition and commencement of construction;
and
(3)
Stormwater management and soil erosion control commencing with
preparation for foundation pouring and continuing during the entire
new construction process until final grading of the subject property.
(F)
Accessibility, parking and loading plans. The application shall include, when determined or required by the Building Official based on overall scope of work, separate plans and specifications showing the location of all work affecting, and all parking and loading activities planned to take place on, public streets, sidewalks, and other rights-of-way. Such plans and specifications shall include, among other things, the location of pavement, sidewalk, and trees that may be affected by the proposed work; the impacts on such pavement, sidewalk, and trees, the proposed location for all parking of contractor and worker vehicles; the proposed location of any loading or unloading activities (including concrete) to occur within any right-of-way; the proposed location of the gravel mat required by Section 14-15-10 of this Code; proposed fencing or other protective measures; and temporary pavement or other temporary accessibility measures.
(G)
Materials and spoils storage plans. The application shall include,
when determined or required by the Building Official based on overall
scope of work, plans depicting the proposed location for storage of
materials and spoils on the subject property that are consistent with
Village soil and sedimentation and erosion control requirements.
(H)
Dust and airborne particulate control provisions. The application
shall include, when determined or required by the Building Official
based on overall scope of work, provisions for controlling dust and
other airborne particles from the subject property, including, without
limitation, a source of water and spraying equipment and any other
measures to be taken to control airborne particles.
(A)
Deposit requirement; timing of payment; amount. If the permit to
be issued authorizes demolition of a structure or construction of
a new structure then the applicant shall post with the Village, at
the time of issuance of such permit, a site development and management
cash deposit in the amount set forth in the Annual Fee Resolution.[1] Such cash deposit shall be in addition to all other application
and processing fees, costs, escrows, bonds, and performance securities
required by the Village.
(B)
Application of cash deposit. The site development and management cash deposit shall be held by the Village and shall be applied as provided in this Section 14-15-5.
(C)
Village right to draw on cash deposit. The Village shall have the
right at all times, at its option, to draw on the site development
and management cash deposit for the costs, including, without limitation,
legal fees and administrative expenses, incurred or to be incurred
by the Village in exercising any of its rights under this Article
15 in the event: (1) the applicant undertakes any work in violation
of any provision of this Article 15 or of any permit issued, or plan
approved pursuant to this Article 15; or (2) the applicant fails or
refuses to complete any work authorized by any permit issued in accordance
with all plans approved in connection with said permit. The Village's
determination of such costs shall be based either on costs actually
incurred by the Village or on the Village's reasonable estimates of
costs to be incurred.
(D)
Replenishment of cash deposit. If the Village draws on the site development and management cash deposit, then the applicant shall replenish the cash deposit to the full amount required by this Section 14-15-5(D) immediately after demand therefor is made to the applicant in writing by the Village. Any failure of the applicant to replenish the cash deposit shall result in cancellation of the related permit, which permit shall not be reissued thereafter except after the filing of a new application therefor, payment of the permit fee, and establishment of a new site development and management cash deposit.
(E)
Return of unused cash deposit. The Village shall return any unused
portion of the site development and management cash deposit to the
applicant, without interest, as follows:
(1)
If the permit authorizes only demolition work, and no construction
work is scheduled to take place within 30 days after completion of
demolition, then the Village shall return the cash deposit within
30 days after final inspection of the restoration of the subject property
and approval of the work by the Community Development Director.
(2)
If the permit authorizes any work in addition to demolition
work, then the Village shall return the money within 30 days after
issuance of a final certificate of occupancy.
No permit shall be issued unless and until the applicant provides
the Village with a certificate of insurance establishing that the
applicant has general liability insurance coverage for all damage
to persons or property, including public property, with the Village
named as additional insured, and private property, that may result
from the proposed work on the subject property by the applicant or
any of its employees, agents, contractors, or subcontractors. Such
insurance coverage shall be in the amount of not less than $1,000,000
per occurrence. Such certificate of insurance shall provide that such
insurance coverage shall be maintained during the entire time that
work is being performed on the subject property pursuant to the permit.
In the event a homeowner acts as his/her general contractor, said
homeowner must provide the required insurance coverage.
[Amended 7-18-2023 by Ord. No. 2023-3713]
No person shall cause or allow any deviation from the approved
plans and specifications for any work unless amended plans and specifications
showing all proposed deviations are first filed with the Village and
approved by the Building Official or the Director of Community Development.
If any deviation involves an increase in the total cost of the proposed
work, then a statement to that effect shall be made and all necessary
additional permit fees shall be paid before any approvals are made.
[Amended 9-1-2015 by Ord.
No. 2015-2188; 7-18-2023 by Ord. No. 2023-3713]
If the permit authorizes demolition, construction of a new principal structure, or construction of an addition with excavation greater than 42 inches in depth, then the applicant shall participate in a meeting with the Community Development Department, Building Official or Village Inspector, dependent on overall scope of work, prior to initiation of the permitted work to review and discuss the site management plan for the property. This meeting may address construction fencing, temporary construction trailers, the storage of construction equipment and building materials, vehicular access, and other construction-related matter. The applicant shall also cause a six-foot chain-link fence to be installed around the perimeter of either the excavation, the structure under construction, or the entire construction area in a location and manner approved by the Community Development Department, Building Official or Village Inspector, dependent on overall scope of work. An alternative existing six-foot-tall fence may, upon the written approval of the Building Official, serve as the six-foot chain-link fence subject to all other requirements. The fencing shall be installed not more than seven days nor less than four days before commencement of any work on the subject property pursuant to any permit issued by the Village. The chain-link fence shall include an opaque wind screen in forest green, black, or another opaque color that complements the existing conditions on the site. The wind screen shall be the entire height of the fencing, and the fencing shall be anchored in a manner approved in advance by the Director of Community Development. At least two and no more than four holes, no smaller than six and no larger than 12 inches in diameter, shall be provided in the wind screen on each panel of the operable gate that faces the public street and provides access to the site. In addition to such perimeter fencing, the applicant shall cause safety fencing to be installed around the Village parkway abutting the subject property. The location of perimeter fencing may be changed during the construction period with the approval of the Community Development Department. "No Trespassing" signs shall be mounted on the chain-link fencing in conspicuous locations around the site. The gate must be locked at all times other than permitted hours of construction and at any other time when no work is being performed on the site, for example, on Sunday or holidays. Upon a violation of this Section 14-15-8, the permittee, general contractor, or property owner shall be notified promptly and shall correct the violation within two hours of receiving notice. If the violation is not corrected, the Village shall have the right, but not the obligation, to correct the violation. The costs and fees associated with such corrective action shall be charged to the permittee or property owner as the case may be. In addition to any corrective action undertaken by the Village, a stop-work order will be posted in a conspicuous place on the property. Any work subject to a stop-work order shall not be resumed except upon written permission of the Building Official or his/her designee, following payment of a fee to the Village in the amount set forth in the Annual Fee Resolution.[1]
[Amended 7-18-2023 by Ord. No. 2023-3713]
The applicant shall post on the subject property in a prominent
place a sign containing notice of the demolition work. Such sign shall
be posted not less than four days nor more than seven days in advance
of the commencement of demolition. Such sign shall be maintained on
the subject property until all demolition work on the subject property
has been completed and approved or until removal is approved by the
Community Development Director. The size, shape, color, and message
of such sign shall be as required by the Community Development Director
and shall be provided to the applicant by the Community Development
Department at a fee in the amount set forth in the Annual Fee Resolution.[1]
[Amended 11-19-2019 by Ord. No. 2019-3430; 7-18-2023 by Ord. No. 2023-3713]
The following site management standards shall apply as determined
or required by the Building Official based on overall scope of work:
(A)
Accessibility, parking and loading standards. No pavement or sidewalk within any public right-of-way shall be unavailable for public use at any time except when such pavement or sidewalk is removed and replaced. No such pavement or sidewalk that is removed and replaced shall be out of service for more than three days without the prior approval of the Community Development Department. No parking, loading, or storage of demolition debris, spoils, or construction materials shall be permitted within any right-of-way, on any public property, or within 10 feet of any right-of-way adjacent to public or private property unless specifically approved by the Village and shown on approved accessibility plans as required by Section 14-15-4 of this Code. The Village may prohibit parking in any particular location on a public right-of-way if the Village determines that such parking has an adverse impact on neighboring property or on traffic control. All uses of vehicles shall comply with applicable codes related to parking and time of operation of vehicles. No more than two second division motor vehicles, as such are defined by Section 1-146 of the Illinois Vehicle Code, will be permitted on Village streets (defined as streets within the Village boundaries) at any one time while such vehicles are temporarily parked and/or staging awaiting access to any construction site; except that this limitation does not include such vehicles performing work on the site within provided construction fencing. Additional second division motor vehicles must park and/or stage outside of the Village boundaries. Commercial contractors, their employees, and subcontractors may only park on Village streets during the course of construction under a valid building permit. Commercial contractors shall use their best efforts to avoid parking or staging immediately opposite from any driveway and in conflict with mailboxes erected adjacent to the right-of-way. All sidewalk construction and any other construction in the public right-of-way shall comply with the rules and regulations set forth in Chapter 6 of this Code in addition to any applicable requirements set forth herein.
(B)
Particulate control during demolition. Airborne particles shall
be controlled at the subject property at all times during demolition
work by means of a water truck and spraying equipment or other water
source capable of spraying and thoroughly saturating all portions
of the structure and surrounding property affected by the work. Such
spraying shall be undertaken at all times necessary to thoroughly
control the creation and migration of airborne particles, including,
without limitation, dust, from the subject property. The water source
for control of airborne particles shall be either: (1) a water tanker
truck with pump capacity of 100 gallons per minute at the nozzle;
or (2) a public water hydrant. Water shall be delivered from the water
source to the subject property by a hose with minimum diameter of
2 1/2 inches, which may be reduced to 1 1/2 inches when
on the subject property. If a public water hydrant is used, a Village
water meter and proper hydrant wrench must be obtained from the Public
Works Department. Any hose leading from a public water hydrant that
crosses a driveway, street, alley or other vehicular right-of-way
must be bridged in a manner directed by the Public Works Department
to adequately protect the Village water system and to prevent the
creation of a tripping hazard for pedestrians.
(C)
Dust control. All work undertaken pursuant to a building permit
issued by the Village shall include protection against the migration
of dust and other airborne particles from the subject property. Every
construction site shall have a source of water and spraying equipment
to control dust and other airborne particles. Except for sawing on
top of a structure or within a framed structure, all outdoor sawing
shall be undertaken within a specified location on the subject property.
That specified location shall be protected against the migration of
dust and other airborne particles by a solid barrier which shall be
not less than six feet in height, shall extend not less than 180°
around the specified area, and shall be positioned between the specified
area and the nearest adjacent property line. The solid barrier may
be cloth, wood, plastic or other material impervious to dust and may
be temporary in nature. In the event sawing operations are conducted
with wet saws, the solid barrier that is otherwise required may be
eliminated, however, all other requirements set forth herein shall
apply. A solid, protective barrier shall also be provided for all
sandblasting operations to protect against the migration of dust and
other airborne particles from the subject property. The protective
barrier for sandblasting operations shall extend around all sides
of the area being sandblasted. The solid protective barrier may be
cloth, wood, plastic or other material impervious to dust and may
be temporary in nature. The solid, protective barrier shall be in
place at all times sandblasting operations are being undertaken.
(D)
Gravel mat. When determined by the Community Development Director
to be appropriate and practicable, the applicant shall cause a gravel
mat to be installed on the subject property of a size and in a location
sufficient to wash down all vehicles used on the subject property
and to cause dirt and mud to be removed from the tires of such vehicles.
The gravel mat shall be located so as not to interfere with any use
by the public of public rights-of-way and not to cause any nuisance
or inconvenience to adjacent public or private property. An existing
asphalt or concrete driveway may be used in lieu of a gravel mat if
the driveway would remain in place during construction activities.
In the event that a public alley exists at the rear of the subject
property, entry to the construction site must be made from the public
alley.
(E)
Sanitation facilities. A portable toilet shall be provided at
every site of construction of a new principal structure, or addition
thereto, prior to the commencement of construction, unless an existing
facility is available on the construction site. The proposed location
of any portable toilet shall be depicted on plans submitted at the
time of application for the review and approval of the Community Development
Department. The portable toilet shall be located a minimum of 10 feet
from all property lines so that the location shall have the least
possible impact on adjacent properties. In the event that a public
alley exists at the rear of the subject property, the portable toilet
must be located in the rear yard and be serviced from the public alley.
(F)
Litter control and cleanup.
(1)
For improvements to properties under the purview of an active
and valid building permit, litter and debris at the subject property
shall be controlled at all times. The applicant shall designate a
person regularly present at the subject property as having responsibility
to assure that no litter or debris leaves the subject property and
that all litter and debris is removed from the subject property before
the end of every day, including weekends, and regardless of whether
work was conducted that day on the subject property. The permit shall
specify the location of the dumpster as approved by the Community
Development Department. It shall be unlawful for any person to store
any rubbish or combustible refuse at a construction site unless such
rubbish or combustible refuse is stored in an approved container.
All containers for the purpose of construction waste collection shall
be no smaller than 15 cubic yards in capacity, unless authorized by
the Community Development Director. The containers shall be kept in
good and sanitary condition, with a sufficient number of such containers
maintained on each construction site to accommodate all rubbish and
combustible refuse. Within 24 hours after the time when any required
container is full to capacity, the rubbish and combustible refuse
therein shall be collected and removed from the construction site.
No required container shall be allowed to stand unutilized at any
site for longer than 15 days. All required containers shall be located
entirely on the subject property and cannot be located on the Village
street or any other public right-of-way. The Building Official may
require the removal of a container if it is deemed that it is causing
a nuisance to a neighboring property or right-of-way, or if it is
deemed that it is no longer necessary based on the nature of the scope
of the permitted work or the status of work typically related to the
generation of a substantial amount of debris at the property.
(2)
For improvements to, or the removal of debris from, properties for which a building permit is not required, the Village Building Official may approve the use of a temporary dumpster or enclosed storage container. Any approved temporary dumpster or enclosed storage container must comply with Section 14-15-10(F) of this Code, and shall be permitted for only the period of time approved by the Building Official, which approved period shall not exceed 30 days.
(3)
Storage containers necessary to accommodate the keeping of personal
belongings during building activities may be permitted pursuant to
Sections 12-15-10(F)(1) and 14-15-10(F)(2) of this Code.
(G)
Street, alley and sidewalk cleaning. The applicant shall cause
all dirt, mud, gravel, and other debris from the subject property
or related to any work conducted on the subject property, to be cleaned
regularly from all sidewalks, alleys and streets adjoining, and in
the area of the subject property, no later than 6:00 p.m. Monday through
Friday and by 12:00 noon on Saturdays, on every day that construction
occurs on said property. If the applicant shall fail to clean all
sidewalks, alleys and streets adjoining and in the area of the subject
property as required, then the subject property may be subject to
a special street cleaning fee in the amount set forth in the Annual
Fee Resolution,[1] and may also be subject to a stop-work order by the Community
Development Director to be posted in a conspicuous place on the subject
property. Any work subject to a stop-work order shall not be resumed
except upon written permission of the Community Development Director
or his/her designee. In the case of a stop-work order, the special
street cleaning fee shall be in addition to the fee charged for lifting
a stop-work order.
(H)
No trespass. No permit shall authorize or shall be construed
to authorize any entry onto property adjoining the subject property
or any work for which entry onto property adjoining the subject property
is or may be necessary, unless a proper right of entry has been secured
from the owner of such property.
(I)
Damage to property. No person engaged in any work pursuant to
a permit shall injure, damage, or destroy, or cause or allow to be
injured, damaged, or destroyed, any property, whether public or private,
not owned by such person. In the event of any injury, damage, or destruction
in violation of this provision, it shall be the duty of the person
committing, inflicting, causing, or allowing such injury, damage,
or destruction to promptly repair and restore the injured, damaged,
or destroyed property and to pay all of the costs and expenses of
such repair and restoration. For purposes of this provision, a person
shall be deemed to have caused or allowed injury, damage, or destruction
whenever that person, or any contractor, subcontractor, agent, or
employee of that person shall have committed or inflicted such injury,
damage, or destruction or whenever any work being done by that person,
or any contractor, subcontractor, agent, or employee of that person,
shall have resulted in such injury, damage, or destruction. The Village
shall not be responsible for seeking legal or equitable remedies on
behalf of private property owners in the event of any injury, damage,
or destruction of such property in violation of this provision.
(J)
Foundation plan. After construction of the foundation of any
new building or addition of greater than 500 square feet in area,
and before any other framing work is commenced on such building, any
person undertaking such work shall submit an as-built spotted survey
foundation plan, showing top of foundation elevations, and all yard
setbacks to the Village. Such survey shall be prepared by a licensed
surveyor and presented to the Community Development Director before
the commencement of any other framing work. Failure to submit the
required as-built spotted survey prior to the commencement of any
other work on the site, will result in the issuance of a stop-work
order. Any work subject to a stop-work order shall not be resumed
except upon written permission of the Community Development Director
or his/her designee, following payment of a fee to the Village in
the amount set forth in the Annual Fee Resolution.[2]
(K)
Wastewater discharge. No person shall undertake any work pursuant
to a permit from which the discharge of any wastewater will be caused
or associated without prior approval of the Director of Public Works.
It shall be the duty of the person undertaking any such work to direct
all wastewater flow to the particular location designated by the Public
Works Department. No person undertaking such work shall cause or allow
any cement truck wash to be discharged onto any public property or
into any catch basin or other Village sewer facility.
(L)
Limitations on noise. All work undertaken pursuant to a permit shall be subject to the provisions of Section 17-2-16 of this Code and those performance standards set forth in the Village Zoning Ordinance (Chapter 15 of this Code) applicable to the particular zoning district in which the work is occurring, regulating limitations on noise emissions. Further, no person shall operate or cause to be operated any radio, phonograph, telecommunications device, or other such object at such a volume or in any other manner that would cause a nuisance or a disturbance to any person. Every contractor and every permittee shall be responsible for all actions of their employees, agents, and subcontractors hereunder, and shall be liable for all violations of the provisions of this Code committed by such employees, agents, or subcontractors.
(M)
Permissible hours of construction. All work undertaken pursuant
to a permit may occur only between 7:00 a.m. and 6:00 p.m. Monday
through Friday, and between 7:00 a.m. and 12:00 noon on Saturday.
No work shall be permitted on Sundays or on the following federal
holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day and Christmas Day. However, construction activities
performed without compensation by a person upon his or her own place
of residence shall be permitted on any day and time; provided, however,
that noise emissions associated with such work shall not be plainly
audible beyond the boundaries of the property from which it emanates
before 7:00 a.m. or after 8:00 p.m. on Mondays through Fridays, or
before 8:00 a.m. or after 8:00 p.m. on Saturdays and Sundays.
(N)
Limitations on deliveries. No construction materials shall be delivered to any residential zoning lot prior to 7:00 a.m. or after 6:00 p.m. Monday through Saturday. The provisions of this Section 14-15-10(N) shall not apply: (1) in the event of a bona fide emergency to which construction workers must respond; (2) to any work ordered by the Village; or (3) to work required by the Village.
(O)
Safeguards. All persons undertaking work pursuant to a permit
shall exercise proper care for the safety of all persons and property.
Warnings, barricades, and lights shall be maintained when required
by the Community Development Director and, regardless of such requirement,
whenever necessary for the protection of pedestrians or vehicular
traffic. Temporary roofs over sidewalks and public rights-of-way shall
be constructed whenever there is danger to pedestrians from falling
articles or materials. All such safety devices, including barricades
and required fences, shall be subject to the approval of the Community
Development Director.
(Q)
Signs. No person shall erect or maintain any sign except in
conformance with the provisions of the Village Sign Ordinance.
(R)
Rodent control during demolition and construction. At the discretion
of the Director of Community Development, for all permits for which
the application is received by the Village after November 19, 2019,
the applicant may be required to conduct a rodent assessment of a
property prior to the commencement of demolition of construction,
which assessment may include an abatement and control plan for any
rodents found to be present on the property. The Director's determination
to require such an assessment or abatement plan may be based on the
time over which a property has remained dormant, the nature of the
existing structure or prior use, the known or observed presence of
rodents, or other factors considered on a case-by-case basis.
(S)
Inlet baskets required. The Director of Public Works may, in
his or her discretion, require the applicant for any permit to install
inlet baskets on the entry point to Village storm sewers when he or
she determines that runoff or discharge from a construction site presents
a potential hazard to the Village's stormwater sewer system.
The following standards and conditions shall apply to demolition
of any dwelling or structure in the Village.
Prior to the issuance of a demolition permit by the Village,
the applicant shall obtain a demolition permit from the Cook County
Department of Environmental Control and submit such permit to the
Community Development Department.
No demolition of a dwelling or structure in the Village shall
be undertaken until the applicant is in receipt of: (a) a demolition
permit issued by the Cook County Department of Environmental Control;
and (b) a demolition permit issued by the Village.
(A)
Business and industrial demolition. Prior to the issuance of
any demolition permit for any structure in a business or industrial
zoned parcel, the applicant shall give written notice to the legal
titleholder or beneficial owner of each parcel of land, improved or
vacant, within 150 feet (inclusive of streets and alleys) of the property
line of the structure to be demolished. Such notice shall be in a
form provided by the Village and shall be given by personal delivery
or certified or registered mail, return receipt requested, with such
receipt and a copy of the notice submitted to the Community Development
Department as proof that notice was provided as herein required. The
Village shall not issue a demolition permit for any structure until
at least 15 days after the hand delivery of notice to surrounding
properties, or at least 18 days after the date on which any notice
was sent via certified or registered mail.
[Amended 11-19-2019 by Ord. No. 2019-3430]
(B)
Residential demolition. Prior to the issuance of any demolition
permit for any structure in a residential zoning district, the applicant
shall give written notice to the legal titleholder or beneficial owner
of each parcel of land, improved or vacant, within 150 feet (inclusive
of streets and alleys) of the property line of the structure to be
demolished. Such notice shall be in a form provided by the Village
and shall be given by personal delivery or certified or registered
mail, return receipt requested, with such receipt and a copy of the
notice submitted to the Community Development Department as proof
that notice was provided as herein required. The Community Development
Department shall not issue a demolition permit for any structure until
at least 15 days after the hand delivery of notice to surrounding
properties, or at least 18 days after the date on which any notice
was sent via certified or registered mail.
[Amended 11-19-2019 by Ord. No. 2019-3430]
(C)
Notice content. All notices required to be served under Section 14-15-11 of this Code shall include the following:
(1)
The name and address of the applicant and a statement that the
applicant has applied to the Village for a demolition permit;
(2)
The name and address of the legal titleholder or beneficial
owner of the property for which the permit is sought, if it is other
than the applicant;
(3)
The street address of the structure to be demolished;
(4)
A copy of a survey or a sketch showing the location of the existing
structure to be demolished;
(5)
An accurate description, to the extent known by the applicant,
of the new structure intended to be constructed on the site after
such demolition, including a statement of the number of stories proposed
and the maximum height to the peak of the highest roof;
(6)
A site plan depicting the location of the proposed new structure,
ground dimensions of the new structure, and the distance from the
new structure to each lot line, all to the extent known by the applicant;
(7)
A statement as to whether the applicant has applied for a building
permit; and
(8)
A statement that the demolition will not commence until at least
15 days from the date of personal delivery or 18 days from the date
of mailing.
(D)
Filing of notice. The applicant shall file with the Community
Development Department a copy of the notice with all attachments and
return receipt cards, along with an affidavit stating that the notice
and attachments are true copies of those served upon the owners of
all properties within 150 feet of the property line of the structure
to be demolished or a like affidavit for those notices served by personal
delivery.
(E)
Permit issuance. If the Community Development Director, or another Village official acting on his or her behalf, determines that the notice and affidavit of service complies with the requirements of Section 14-15-11 of this Code, then a demolition permit shall be issued, but not less than 18 days after the last date on which any notice was mailed (15 days for personal delivery).
(F)
Exception to notice procedure. Notwithstanding any of the above
requirements, should it be determined, because of severe damage to
a structure caused by fire or other casualty, that the immediate demolition
of a structure is necessary in order to protect the public health
and safety, then such demolition permit shall be issued without the
above notice procedures being completed. However, no building permit
shall be issued to the applicant until the above notice procedures
are completed with references to "demolition permit" replaced with
"building permit." The building permit shall not be effective until
18 days after the last notice was mailed (15 days for personal delivery).
The applicant shall cause notice, which may be in writing or oral, to be given to the Community Development Director of any work pursuant to a demolition permit issued pursuant to Section 14-15-11 of this Code. Such notice shall be given not less than two business days nor more than four business days in advance of such demolition.
The applicant shall cause notice of the commencement of demolition
to be given by posting the subject property in a prominent place with
a sign announcing such commencement. The size, shape, color, and message
of such sign shall be as required by the Community Development Director.
Such sign shall be posted not less than four days nor more than seven
days in advance of such commencement, and shall be maintained on the
subject property until commencement of demolition.
No demolition work pursuant to a demolition permit issued pursuant to Section 14-15-11 of this Code shall be conducted on a Saturday or a Sunday.
(A)
Within 30 days after the completion of demolition of a principal
structure, either: (i) construction of a new principal structure on
the same property must commence; or (ii) the property must be restored
to, and maintained in, a clean and safe condition in accordance with
all applicable provisions of this Code and with the following additional
regulations:
(1)
All other structures, including, without limitation, signs,
must be removed from the property.
(2)
All excavated portions of the property must be backfilled.
(3)
All concrete and asphalt pavement on the property must be removed.
(4)
No new pavement may be installed on the property.
(5)
Notwithstanding any provision of Section 14-15-10(F) of this Code to the contrary, all garbage, debris, and litter must be removed from the property.
(6)
All trees and bushes on the property must be trimmed to a neat
condition.
(7)
All nuisance bushes, trees, and plants must be removed from
the property.
(8)
For all areas of the property.
(a)
Black topsoil must be spread at a minimum depth
of four inches; and
(b)
The soil must either be seeded with a commercial
perennial blend of grass, at a minimum quantity of five pounds per
1,000 square feet, or sodded; provided, however, that no seeding or
sodding is required prior to April 15 or after October 15 of any calendar
year.
(9)
All grass must be maintained and mowed at a height not to exceed
six inches.
(10)
No vehicles, equipment, or other personal property may be kept or stored upon the property, except as necessary to comply with this Section 14-15-11-7(A).
(B)
The thirty-day period set forth in Section 14-15-11-7(A) of this Code may be extended by one calendar day for every calendar day that weather conditions prevent construction or restoration work on the subject property, up to a maximum of 30 additional calendar days, as determined by the Village Manager or his or her designee, in his or her sole and absolute discretion.
(C)
This Section 14-15-11-7 shall apply to all demolitions of principal structures in the Village, including, without limitation: (1) demolitions approved by permit issued by the Village; (2) demolitions ordered by a court of competent jurisdiction; or (3) demolitions that occur due to an act of God.
(D)
This Section 14-15-11-7 shall apply to all property in the Village on which a principal structure is demolished, notwithstanding the submission to the Village, if any, of building plans and specifications for the construction of a new structure pursuant to Section 14-15-4(A) of this Code.
(E)
The Village President and Board of Trustees shall have the right, but not the obligation, and in their sole and absolute discretion, to extend the time for compliance with, or to waive the enforcement of any and all provisions of, this Section 14-15-11-7 with respect to any parcel or parcels of real property in the Village, upon receipt of a written request therefor.
[Added 11-19-2019 by Ord.
No. 2019-3430]
The partial removal of in-ground swimming pools is subject to
the following requirements:
(A)
Any materials within 48 inches of the grade of the property shall be removed from the ground. Such material can be disposed of off-site, or may be placed in the pool at a depth below 48 inches below grade and broken up in a manner compliant with the requirements of this Section 14-15-11-8.
(B)
Any materials remaining in the ground shall be broken down such
that they are not greater than six inches in any dimension.
(C)
Any plumbing fixtures or facilities for the swimming pool that
are connected to the domestic water service or Village water main
shall be removed at its point of origin.
(D)
Any electrical or gas utilities shall be capped and cut back
so as to not encroach into any required setbacks or yards.
(F)
The applicant shall prepare and record with Cook County a plat
of survey indicating the location and nature of any materials remaining
in the ground.
In the event of any inconsistency or conflict in the application
or operation of the provisions of this Article 15 and the other provisions
of this Code, the provisions of this Article 15 shall apply and control.
The violation of any provision of this Article 15 shall be grounds
for revocation of any permit or approval issued pursuant to this Article
15.
The Community Development Director shall promulgate such administrative
rules and regulations as may be necessary or appropriate to carry
out the purposes and intents of this Article 15.
[Added 12-15-2015 by Ord.
No. 2015-3185]
(A)
Trees required or scheduled to be preserved shall be protected
during construction as follows:
(1)
A protective barrier, such as a snow fence, brightly colored
plastic construction fencing, or chain link fencing, shall encircle
and be erected one foot beyond the periphery of the dripline, or farther
as site conditions may dictate necessary for tree protection during
construction.
(2)
Protective barriers shall be in place prior to the issuance
of any building or development permit and shall remain in place until
construction and site work is completed.
(3)
No materials, construction equipment or vehicles shall be stored,
driven upon or parked within any dripline.
(4)
Crushed limestone or other material detrimental to trees shall
not be dumped, placed, or stored within any dripline or at a higher
elevation where drainage could affect the health of the tree(s).
(5)
The existing grade within the dripline shall not be modified
and shall be maintained to the fullest extent possible. Where grade
changes of four inches or more are required surrounding the dripline,
a low retaining wall or other permanent tree protection technique,
as may be approved by the Director of Community Development, shall
be used to ensure the long-term health of the tree designated for
preservation.
(6)
In the event an underground utility line is to be located within
five feet of a tree designated for preservation, said utility line
shall be augured to prevent damage to the tree's root system.
(B)
Methods for tree protection shall be clearly specified prior
to the issuance of a building permit. If, in the opinion of the Village
Arborist, such methods are not adequate to protect trees designated
for preservation, a building permit shall not be issued. If during
construction, adequate methods are not employed so as to protect designated
trees, the Director of Community Development may issue a stop order
until such time as adequate preservation methods are employed.
(C)
If a deciduous tree designated for preservation is damaged,
razed or removed as a result of construction, such tree shall be replaced
with new trees at a rate of three inches in caliper of replacement
trees to each one inch in caliper of damaged or removed tree. The
Director of Community Development shall approve in writing a replacement
tree plan that indicates the installation location, and specific size
and species of such replacement trees.
(D)
If an evergreen tree designated for preservation is damaged,
razed or removed as a result of construction, such tree shall be replaced
with new evergreen trees at a rate of three vertical feet of replacement
evergreen tree for each vertical foot of damaged or removed tree.
The Village Arborist shall approve in writing a replacement tree plan
that indicates the installation location, specific size and species
of such replacement trees.
(E)
Replacement trees shall only be of a species approved by the
Village.
(F)
Alternative tree replacement location:
(1)
If the Village Arborist determines that full tree replacement pursuant to Section 14-15-15(C) or 14-15-15(D) of this Code will result in the unreasonable crowding of trees on the lot where construction activity is taking place, or would be otherwise inconsistent with current best practices, the Director of Community Development may designate that some or all of the replacement trees required to be planted in the public right-of-way immediately adjacent to the lot where the construction activity is taking place.
(2)
If the Village Arborist determines that the alternative tree replacement required in Section 14-15-15(F)(1) of this Code will result in the unreasonable crowding of trees upon the public right-of-way in accordance with current best practices, the Director of Community Development may reduce the number of replacement trees to be planted immediately adjacent to the public right-of-way and require that replacement trees be located on other nearby public rights-of-way or other suitable locations.
(3)
All replacement trees designated for the public right-of-way
or Village property shall only be of those species permitted by the
Village and shall be installed by the Village and not by the permittee.
(G)
In the event that the Village Arborist determines that the full replacement of protected trees as required by Section 14-15-15(C), (D), or (F) of this Code would result in unreasonable crowding of trees upon the lot where construction activity will occur, or on the immediately adjacent public right-of-way, a permittee may be allowed to pay the Village a fee in lieu of making such replacement in kind. Upon collection of the tree replacement fee, the Village shall deposit this fee into a special Village fund established and used to plant trees elsewhere in the Village. The Village has no obligation to grant such a request. If the request is granted, the following regulations shall apply:
(1)
This fee shall equal the tree replacement value based upon the
average cost per tree inch of trees planted by the Village during
the previous fiscal year;
(2)
The tree replacement fee must be received by the Village within
30 days after the date of the damage or removal for which the replacement
is required;
(3)
The Director of Community Development may issue a stop-work
order if a permittee fails to pay the tree replacement fee within
30 days after the date of the damage or removal for which the replacement
is required. No certificate of occupancy for the property in question
shall be issued until the tree replacement fee has been received by
the Village.
(H)
For any tree designated for preservation that is damaged, razed
or removed without the prior written approval of the Director of Community
Development, a fine (as set forth in the Village's Annual Fee Resolution[1]) shall be assessed upon the owner of the property on which
the trees were damaged or removed. All building permits or licenses
for the property shall be revoked or suspended until said charge is
paid and a replacement tree plan is prepared and approved by the Director
of Community Development.
