A.
Place of filing. All applications filed pursuant to this code shall
be filed with the Building Commissioner or with such other Village
official or body as the Building Commissioner may designate by administrative
order.
B.
Form; number; scale. All applications filed pursuant to this code
shall be on forms supplied by the Village and shall be filed in such
number of duplicate copies as the Building Commissioner may designate
by administrative order. All plans filed as part of any application
shall be dated, drawn at a recognized engineering, architectural,
or planning scale, with a North arrow indicated where appropriate,
sufficient to permit a clear and precise understanding of the contents
of said plans and the proposal being made and shall be folded to a
size no larger than 8 1/2 inches by 14 inches.
C.
Filing deadlines.
(1)
Applications. Except in the case of architectural review applications, which shall be processed in accordance with § 260-1166, applications requiring a public hearing or meeting shall be filed, in proper form and number and containing all required information, not later than 5:00 p.m. on the fourth Thursday preceding the requested hearing or meeting date. An application so filed will be scheduled on the requested date, or on the first available date thereafter open on the relevant agenda, on a first-filed-first-scheduled basis.
(2)
Supplemental data. Whenever supplemental data in connection
with a previously filed application is required by the Village or
offered by the applicant, it shall be submitted at least seven days
prior to the date on which it is to be considered at a hearing or
a meeting or acted upon in connection with such application. The filing
of such data shall, in the discretion of the Building Commissioner
and of the body hearing the application, be cause to delay a requested
or scheduled hearing date.
D.
Fees.
(1)
Filing fee. Every application filed pursuant to this code, except
as provided in Paragraph D(10), shall be accompanied by the nonrefundable
filing fee specified in the Bannockburn Fee Schedule.
[Amended 2-23-1998 by Ord. No. 98-07; 5-8-2017 by Ord. No. 2017-08; 9-25-2017 by Ord. No. 2017-27]
(2)
Additional application fee. In addition, where the nature of
the application requires the Village to publish or mail legal notices
or to employ the services of planners, engineers, attorneys, or other
persons not regularly on the Village payroll for the purposes of reviewing
the application or plans in connection with it or development pursuant
to it, an additional application fee equal to the actual cost to the
Village of giving such notice or securing such services shall be charged
to and paid by the applicant.
(3)
Escrow. For each application filed pursuant to this code, an
application fee escrow account shall be established as provided below:
(a)
Initial deposit. Every application filed pursuant to this code
shall be accompanied by an initial deposit for purposes of paying
additional application fees pursuant to Paragraph D(2). The amount
of such initial deposit shall be fixed as specified in the Bannockburn
Fee Schedule, and such initial deposit and any subsequent deposit
shall be placed in an application fee escrow account. No interest
shall be payable on any such escrow account.
[Amended 9-25-2017 by Ord. No. 2017-27]
(b)
Draws from escrow. From the date of filing of any application,
the Village shall maintain an accurate record of the actual costs
of processing and reviewing such application. The Village shall, from
time to time, draw funds from the escrow account established for such
application to pay costs identified in Paragraph D(2) and shall transfer
such funds to the appropriate Village accounts. The Village shall
maintain an accurate record of all such draws.
(c)
Recoverable costs. The costs incurred by the Village in processing
an application shall be deemed to consist of the following items of
direct and indirect expense: legal publications; recording secretarial
services; court reporter; document preparation and review; professional
and technical consultant service; legal review, consultation, and
advice; copy reproduction; document recordation; and inspection fees.
(d)
Additional deposits. Should the Village at any time determine
that the escrow account established in connection with any application
is, or is likely to become, insufficient to pay the actual costs of
processing an application, the Village shall inform the applicant
of that fact in writing and demand an additional deposit in an amount
deemed to be sufficient to cover foreseeable additional costs. Unless
and until such additional amount is deposited by the applicant, the
Village may direct that processing of the application be suspended
or terminated. Any such termination shall be deemed a withdrawal of
the application by the applicant.
(e)
Final settlement. As soon as reasonably feasible following final
action on an application, the Village shall cause a final accounting
to be made of the escrow deposits made in connection with such application
and the actual costs of processing such application and shall make
a final charge of such costs against such escrow deposit. A copy of
the accounting shall be provided to the applicant. If the amount in
the escrow is insufficient to pay the total actual costs, a written
demand for payment of the balance due shall be mailed to the applicant.
If any unused balance remains in the escrow account after paying the
total actual costs, that amount shall be returned to the applicant.
(4)
Liability; lien. The owner of the property which is the subject
of the application, and if different, the applicant, shall be jointly
and severally liable for the payment of all application fees. By signing
the application, the owner shall be deemed to have agreed to pay such
fees and to consent to the filing and foreclosure of a lien on the
subject property to insure collection of any such fees, plus the costs
of collection, which have not been paid within 30 days following the
mailing of a written demand for such payment to the owner at the address
shown on the application. Any lien filed pursuant to this subsection
may be foreclosed in the manner provided by statute for mortgages
or mechanics' liens.
(5)
Condition of approvals and permits. No application shall be
considered complete unless and until all fees pursuant to this subsection
have been paid. Every approval granted and every permit issued pursuant
to this code, whether or not expressly so conditioned, shall be deemed
to be conditioned upon payment of fees as required by this subsection.
(6)
Time periods. Where this code provides that the passage of time
without decision or action shall be deemed an approval or recommendation
for approval, all time periods shall be tolled during any period of
nonpayment, but shall otherwise continue to run.
(7)
Failure to pay. The failure to fully pay any such fee when due
shall be grounds for refusing to process an application and for denying
or revoking any permit or approval sought or issued with respect to
the land or development to which the unpaid fee relates.
(8)
Waiver. The provisions of this subsection may be waived by the
Board of Trustees for fees applicable to any application filed by
any public body, or any agency deriving the majority of its revenues
from taxes levied within the Village, or any charitable or eleemosynary
organization.
(9)
Fee Review Board. There shall be established a Fee Review Board
consisting of two or more members of the Board of Trustees. The Fee
Review Board shall be convened from time to time by the Board of Trustees
and shall be charged with deciding disputes brought pursuant to this
subsection in an effort to assure that the additional application
fees assessed pursuant to Paragraph D(2) above are properly attributable
to the application in question.
(10)
Personal wireless services antennas application fee. In lieu
of the application fee in Paragraph D(1) of this code for certificates
of zoning compliance, prior to the issuance of a certificate of zoning
compliance in connection with the approval of a personal wireless
services antenna or related facilities an applicant shall pay a fee
in the amount as specified in the Bannockburn Fee Schedule. This fee
is in addition to any application or other fees required in connection
with any application for zoning relief under this code.
[Added 2-23-1998 by Ord. No. 98-07; amended 9-25-2017 by Ord. No. 2017-27]
E.
Minimum data requirements.
(1)
All applications. Every application submitted pursuant to this
code shall contain at least the following information:
[Amended 11-13-2017 by Ord. No. 2017-33]
(a)
The owner's name and address and the owner's signed consent
to the filing of the application. Full disclosure of the ownership
of all legal and equitable interests in the subject property is required.
(b)
The applicant's name and address, if different from the owner,
and his or her interest in the subject property.
(c)
The names and addresses of all professional consultants, if
any, advising the applicant with respect to the application.
(d)
The name and address and the nature and extent of any economic
or family interest of any officer or employee of the Village in the
owner, the applicant, or the subject property.
(e)
The addresses and legal description of the subject property.
(f)
Descriptions or graphic representations of the proposal for
which approval is being sought and of the existing zoning classification,
use, and development of the subject property and the adjacent area
for at least 250 feet in all directions from the subject property.
The scope and detail of such description shall be appropriate to the
subject matter of the application, with special emphasis on those
matters likely to be affected or impacted by the approval being sought
in the application.
(2)
Applications for zoning compliance and occupancy certificates. Every application filed pursuant to § 260-1141 or § 260-1142 of this code shall, in addition to the data and information required pursuant to Paragraph (1) above, provide the following information when applicable to the use or development for which approval is being sought:
[Amended 11-13-2017 by Ord. No. 2017-33]
(a)
A description or graphic representation of any development or
construction that will occur or any use that will be established or
maintained if the requested relief is granted.
(b)
A table showing the following, if applicable:
[1]
The total lot area of the subject property, in
acres and in square feet; and
[2]
The total existing and proposed lot area, expressed
in acres, in square feet and as a percent of the total development
area, devoted to: residential uses; business uses; office uses; college
uses; institutional uses; open space; rights-of-way; streets; and
off-street parking and loading areas; and
[3]
The existing and proposed number of dwelling units;
and gross and net floor area devoted to residential uses, business
uses, office uses, college uses, and institutional uses.
(c)
A table listing all bulk, space, and yard requirements; all
parking requirements; and all loading requirements applicable to any
proposed development or construction and showing the compliance of
such proposed development or construction with each such requirement;
provided, however, that no such table is required for applications
for sign permits. When any lack of compliance is shown, the reason
therefor shall be stated and an explanation of the Village's authority,
if any, to approve the application despite such lack of compliance
shall be set forth.
(d)
The certificate of a registered architect or civil engineer
licensed by the State of Illinois, or of an owner-designer, that any
proposed use, construction, or development complies with all provisions
of this Code and other Village ordinances or complies with such provisions
except in the manner and to the extent specifically set forth in said
certificate.
(e)
A landscape development plan, including the location, size and
species of plant materials.
(3)
Applications for code interpretations. Every application filed pursuant to § 260-1151 of this code shall, in addition to the data and information required pursuant to Paragraph (1) and, where relevant, Paragraph (2) above, provide the following information:
(a)
The specific provision or provisions of this code for which
an interpretation is sought.
(b)
The facts of the specific situation giving rise to the request
for an interpretation.
(c)
The precise interpretation claimed by the application to be
correct.
(d)
When a use interpretation is sought, the use permitted pursuant
to the present zoning classification of the subject property that
is claimed by the applicant to include, or to be most similar to,
the proposed use.
(e)
When a use interpretation is sought, documents, statements,
and other evidence demonstrating that the proposed use will comply
with all use limitations established for the district in which it
is proposed to be located.
(4)
Applications for appeals to Zoning Board of Appeals. Every application filed pursuant to § 260-1152 of this code shall, in addition to the data and information required pursuant to Paragraphs (1) and (2) above, provide the following information:
(a)
The specific order, decision, determination, or failure to act
from which an appeal is sought.
(b)
The facts of the specific situation giving rise to the original
order, decision, determination, or failure to act and to the appeal
therefrom.
(c)
The precise relief sought.
(d)
A statement of the applicant's position as to alleged errors
in the order, decision, determination, or failure to act being appealed
and as to why the relief sought is justified and proper.
(5)
Applications for variations. Every application filed pursuant to § 260-1153 of this code shall, in addition to the data and information required pursuant to Paragraphs (1) and (2) above, provide the following information:
(a)
The specific feature or features of the proposed use, construction,
or development that require a variation.
(b)
The specific provision of this code from which a variation is
sought and the precise variation therefrom being sought.
(c)
A statement of the characteristics of the subject property that
prevent compliance with said provisions of this code.
(d)
A statement of the minimum variation of the provisions of this
code that would be necessary to permit the proposed use, construction,
or development.
(e)
A statement of how the variation sought satisfies the standards set forth in § 260-1153F of this code.
(f)
A survey, certified by a registered land surveyor, showing existing
lot lines and dimensions, lot area, all easements, all public and
private rights-of-way, and all streets across and adjacent to the
subject property.
(g)
A statement concerning the conformity or lack of conformity
of the approval being requested to the Official Comprehensive Plan
and the Official Map of the Village. When the approval being requested
does not conform to the Official Comprehensive Plan or the Official
Map, reasons justifying the approval despite such lack of conformity
shall be stated.
(6)
Applications for official Comprehensive Plan text or Zoning Code text amendments. Every application filed pursuant to § 260-1121E(3) or § 260-1161 of this code requesting an amendment to the text of either the Official Comprehensive Plan or this code shall, in addition to the data and information required pursuant to Paragraph (1) and, where relevant, Paragraph (2) above, provide the following information:
(a)
The exact wording of the proposed text amendment.
(b)
A statement of the need and justification for the proposed text
amendment.
(c)
In the case of applications for amendments to the text of this
code, a statement concerning the conformity or lack of conformity
of the approval being requested to the Official Comprehensive Plan
and the Official Map of the Village. When the approval being requested
does not conform to the Official Comprehensive Plan or the Official
Map, reasons justifying the approval despite such lack of conformity
shall be stated.
(7)
Applications for special use permits. Every application filed pursuant to § 260-1162 of this code shall, in addition to the data and information required pursuant to Paragraphs (1) and (2) above, be accompanied by a written statement of the need for the special use and by an application for site plan approval pursuant to Paragraph E(12) of this section and § 260-1164 of this code, and shall provide the following information:
(a)
A survey, certified by a registered land surveyor, showing existing
lot lines and dimensions, lot area, all easements, all public and
private rights-of-way, and all streets across from and adjacent to
the subject property.
(b)
A statement concerning the conformity or lack of conformity
of the approval being requested to the Official Comprehensive Plan
and the Official Map of the Village. When the approval being requested
does not conform to the Official Comprehensive Plan or the Official
Map, reasons justifying the approval despite such lack of conformity
shall be stated.
(8)
Applications for Official Comprehensive Plan Map or Zoning Map amendments. Every application filed pursuant to § 260-1122E or § 260-1161 of this code requesting an amendment to the Official Comprehensive Plan Map or the Zoning Map shall, in addition to the data and information required pursuant to Paragraph (1) and, where relevant, Paragraph (2) above, provide a statement of the need and justification for the proposed Comprehensive Plan Map or Zoning Map amendment. Said statement shall address at least the following factors:
(a)
The existing uses and zoning classification for properties in
the vicinity of the subject property.
(b)
The trend of development in the vicinity of the subject property,
including changes, if any, in such trend since the subject property
was placed in its present plan designation or zoning classification.
(c)
The extent, if any, to which the value of the subject property
is diminished by the existing plan designation or zoning classification
applicable to it.
(d)
The extent to which any such diminution in value is offset by
an increase in the public health, safety, and welfare.
(e)
The extent, if any, to which the use and enjoyment of adjacent
properties would be affected by the proposed amendment.
(f)
The extent, if any, to which the value of adjacent properties
would be affected by the proposed amendment.
(g)
The extent, if any, to which the future orderly development
of adjacent properties would be affected by the proposed amendment.
(h)
The suitability of the subject property for uses permitted or
permissible under its present plan designation and zoning classification.
(i)
The availability of adequate ingress to and egress from the
subject property and the extent to which traffic conditions in the
immediate vicinity of the subject property would be affected by the
proposed amendment.
(j)
The availability of adequate utilities and essential public
services to the subject property to accommodate the uses permitted
or permissible under its present plan designation and zoning classification.
(k)
The length of time, if any, that the subject property has been
vacant, considered in the context of the pace of development in the
vicinity of the subject property.
(l)
The community need for the proposed map amendment and for the
uses and development it would allow.
(9)
Applications for planned unit development concept plan approval. Every application filed pursuant to § 260-1163D(2) of this code shall, in addition to the data and information required pursuant to Paragraphs (1) and (2) above, provide the following information:
(a)
A development name unique to the Bannockburn area for identification
purposes.
(b)
Evidence that the applicant has sufficient control over the
subject property to effectuate the proposed planned unit development,
including a statement of all legal, beneficial, tenancy, and contractual
interests held in or affecting the subject property, and a recent
commitment for title insurance or ownership search certificate.
(c)
A map depicting municipal and special district boundaries where
adjacent to or within the subject property.
(d)
A written statement addressing the following matters:
[1]
A general description of the proposed planned unit
development, the planning objectives to be achieved by it, including
the rationales and assumptions of the applicant supporting the proposed
planned unit development, and the market it is intended to serve.
[2]
How the proposed planned unit development is to
be designed, arranged, and operated so as not to adversely affect
the development and use of neighboring property in accordance with
applicable regulations of this code.
(e)
Schematic, soft-line drawings of the proposed planned unit development
concept, including public or private rights-of-way on or adjacent
to the subject property; the proposed dimensions and locations of
vehicular and pedestrian circulation and parking elements; public
and private open space; residential, business, office, and other land
uses; and general location of and purpose of all easements.
(f)
A tentative plat of subdivision if required by Chapter 205, Subdivision Regulations, of the Village Code.
(g)
For each residential planned unit development, a population/school
impact study, which shall:
(h)
A tax impact study indicating the possible tax consequences
the proposed planned unit development will have upon the Village and
other affected taxing bodies.
(i)
A traffic and transit impact study including a list of new street
construction and traffic control improvements necessary to accommodate
the estimated increase in traffic and traffic-related problems occasioned
by the proposed development and a statement of the applicant's proposals
for providing those needed improvements.
(j)
A preliminary engineering study showing the location and adequacy
of existing and proposed sanitary sewer, storm sewer, and water distribution
systems.
(k)
A written statement identifying existing natural and environmental
resources and features on the subject property, including its topography,
vegetation, soils, geology, and scenic views, and the impact of the
proposed planned unit development on such resources and features,
including proposals to preserve or protect such resources and features.
(l)
Schematic, soft-line architectural elevations indicating the
general style of architecture and typical building materials.
(m)
A statement of the applicant's intent with respect to the ownership,
sale, and leasing of the various completed units, structures, spaces,
and areas within the proposed planned unit development.
(n)
If the planned unit development is to be constructed in stages
or units during a period extending beyond a single construction season,
a development schedule for each and every such stage, stating the
approximate beginning and completion date and the proportion of total
public or common open space to be provided for each use and with each
development stage.
(o)
A detailed description of the financial assurances to be presented
to guarantee completion of all public improvements and landscaped
open space to be provided in connection with the proposed planned
unit development.
(p)
Evidence of the financing plan the applicant proposes to use
to complete the proposed planned unit development. The applicant's
prior success in completing projects of similar scope may be offered
in satisfaction of this requirement.
(10)
Applications for planned unit development detailed plan approval. Every application filed pursuant to § 260-1163D(3) of this code shall, in addition to the data and information required pursuant to Paragraphs (1) and (2) above, provide the following information:
(a)
The date on which development concept plan approval was granted.
(b)
An application for site plan approval pursuant to Paragraph E(13) of this section and § 260-1165 of this code.
(c)
A statement and plan of the proposed treatment of the perimeter
of the proposed planned unit development, including materials and
techniques to be used.
(d)
When the proposed planned unit development or stage thereof
includes provision for public or common open space, a statement describing
the provision made for the dedication or care and maintenance of such
open space. If it is proposed that such open space be owned or maintained
by any entity other than a governmental authority, copies of the proposed
articles of incorporation and bylaws of such entity shall be submitted.
When the property is to be dedicated, a draft of the instrument of
dedication shall be submitted.
(e)
Copies of any restrictive covenants to be recorded with respect
to property included in the detailed plan.
(f)
A statement summarizing all changes that have been made, or
have occurred in any document, plan, data, or information previously
submitted, together with a revised copy of any such document, plan,
or data.
(11)
Applications for planned unit development final plan approval. Every application filed pursuant to § 260-1163D(4) of this code shall, in addition to the data and information required pursuant to Paragraphs (1) and (2) above, provide the following information:
(a)
The date on which detailed plan approval was granted.
(b)
A final version, suitable for recording, of the site plan required
in Subparagraph E(10)(b) of this section, containing any revisions
required as a condition of detailed plan approval.
(c)
Proof of recording of any easements and restrictive covenants
prior to the sale of any land or structure or portion thereof within
the planned unit development and of the establishment and activation
of any entity that is to be responsible for the management and maintenance
of any public or common open space.
(d)
All certificates, seals, and signatures required for the dedication
of land and recordation of documents.
(e)
Final architectural working drawings of all structures.
(f)
A statement summarizing all changes that have been made in any
document, plan, data, or information previously submitted, together
with a revised copy of any such document, plan, or data.
(g)
All required bonds, letters of credit, or other guarantees of
performance as determined by the Building Commissioner to be necessary
to provide for the completion of all public improvements and landscaped
open space, and other facilities and amenities.
(h)
Proof from appropriate governmental agencies that all taxes
on the subject property have been paid and that all special assessments,
taxes, or other levies against the subject property or any part thereof
have been paid in full.
(12)
Applications for campus development plan approval. Every application filed pursuant to § 260-1164 of this code shall, in addition to the data and information required pursuant to Paragraphs (1) and (2) above, provide the following information:
(a)
The date on which the last campus development plan was approved.
(b)
Graphic renderings of the entire college and/or theological
seminary campus depicting the following items and highlighting all
proposed changes to existing conditions:
[1]
All significant natural, topographical, and physical
features of the land, including soil conditions as they affect development
and topographical contours at one-foot intervals;
[2]
The location and extent of tree cover, including
single trees in excess of six inches in diameter at breast height;
[3]
The location and extent of water bodies and watercourses
as well as floodways, flood fringe, and flood table land on the campus;
[4]
Existing drainage structures and patterns;
[5]
The location, size (including gross and net floor
area, number of dwelling units, and designated lot area, where relevant),
height in stories and feet, and use of all structures and uses without
structures on the campus;
[6]
Minimum setback dimensions;
[7]
All public and private streets, driveways, circulation
aisles, parking spaces, loading spaces, sidewalks and walkways;
[8]
The location, size, and arrangement of all outdoor
signs and lighting;
[9]
The location, dimensions, and size of all bufferyards
and landscaping required by this code; and
[10]
The total lot area and the location and total
area of all usable open space.
(c)
Computations of existing and proposed building coverage and
lot coverage of the campus.
(d)
A landscaping plan which sets forth a program for the installation
of bufferyards, landscaping, and screening in the College District,
as well as a statement which summarizes the status of such installation
and certifies current compliance with such landscaping plan.
(e)
A statement summarizing all changes that have been made or are
proposed to be made to the campus since the last approval of a campus
development plan.
(f)
With respect to each specific change in the campus development plan involving any development or redevelopment on the campus, an application for site plan approval meeting the requirements of Paragraph E(13) of this section and § 260-1165 of this code for that portion of the campus directly impacted by such development or redevelopment.
(13)
Applications for site plan approval. Whenever an application filed pursuant to any provision of this code involves any use, construction, or development requiring the submission of a site plan pursuant to § 260-1165 of this code, a site plan illustrating the proposed use, construction, or development and providing at least the following data and information, on one or more sheets, shall be submitted as part of the application:
(a)
A graphic rendering of the existing conditions, which depicts:
[1]
All significant natural, topographical, and physical
features of the subject property, including topographical contours
at one-foot intervals;
[2]
The location and extent of tree cover, including
single trees in excess of six inches in diameter at breast height;
[3]
The location and extent of water bodies and watercourses,
wetlands, marshes and special flood table land, flood fringe, and
floodways on or within 100 feet of the subject property;
[4]
Existing drainage structures and patterns; and
[5]
Soil conditions as they affect development.
(b)
The location, use, size, and height in stories and feet of structures
and other land uses on properties within 250 feet of the subject property.
(c)
For all areas within any required yard or setback, any proposed
regrading of the subject property.
(d)
Data concerning proposed structures and existing structures
that will remain, including:
[1]
Location, size, use, and arrangement, including
height in stories and feet;
[2]
Where relevant, floor area ratio, gross floor area,
and net floor area;
[3]
Where relevant, number and size of dwelling units;
[4]
Building coverage; and
[5]
Description of the calculation method utilized
in computing all required statistics shown.
(e)
Minimum yard and setback dimensions and, where relevant, relation
of yard and setback dimensions to the height, width, and depth of
any structure.
(f)
A vehicular and pedestrian circulation plan showing the names
of all relevant existing and proposed streets, the location, dimensions,
gradient, and number of all vehicular and pedestrian circulation elements,
including rights-of-way and streets; driveway entrances, curbs, and
curb cuts; parking spaces, loading spaces, and circulation aisles;
sidewalks, walkways, and pathways; and total lot coverage of all circulation
elements divided as between vehicular and pedestrian ways.
(g)
All existing and proposed surface and subsurface drainage and
retention and detention facilities and all existing and proposed water,
sewer, gas, electric, telephone, and cable communications lines and
easements and all other utility facilities.
(h)
Location, size, and arrangement of all outdoor signs and lighting.
(i)
Location and height of fences or screen plantings and the type
or kind of building materials or plantings to be used for fencing
or screening.
(j)
Location, designation, and total area of all usable open space.
(k)
A detailed landscaping plan, showing location, size, and species
of all trees, shrubs, and other plant material.
(l)
A traffic study, if required by the Building Commissioner or
the board or commission hearing the application.
(m)
An erosion control plan for the period during which construction
will be taking place, if required by the Building Commissioner or
the board or commission hearing the application.
(n)
Final architectural working drawings of all structures indicating
typical architectural elevations, style of structures, and typical
building materials.
(14)
Applications for architectural review permits. Unless waived in writing by the Village Manager, every application filed pursuant to § 260-1166 of this code shall, in addition to the data and information required pursuant to Paragraphs (1) and (2) above, provide the following information:
[Amended 1-26-2004 by Ord. No. 2004-03; 11-13-2017 by Ord. No. 2017-33]
(a)
The present uses and zoning classifications of the subject property.
(b)
An application for a certificate of zoning compliance.
(c)
Detailed plans depicting all work proposed to be done, including
detailed renderings of any exterior alterations and of the exterior
of any proposed new building. Such rendering shall be scaled and include,
without limitation, proposed exterior colors, textures, and materials.
Applications shall include scaled, color elevations of the proposed
structure for any (i) proposed new residential or commercial structure;
(ii) addition; or (iii) accessory structure. Additionally, any application
for a new residential structure shall also provide color perspectives
of the proposed residential structure depicting the structure's relationship
to neighboring structures and to the overall site.
(e)
A statement of what disadvantage, if any, the applicant will
suffer if the work proposed to be done is not allowed.
(f)
In any case where a special use permit or a variation has been
issued in connection with the proposed work, a copy of such special
use permit or variation.
(g)
In addition, applicants may be required to submit samples of
exterior materials proposed to be used upon request of the Architectural
Review Commission.
(15)
Applications for appeal from architectural review decision.
Every application filed pursuant to Paragraph 260-1166E(3)(a)[1] of
this code shall, in addition to the information required pursuant
to Paragraph (1) above, provide the following information:
[Amended 11-13-2017 by Ord. No. 2017-33]
(a)
A complete copy of the record of the subject proceeding before
the Architectural Review Commission (or, if approved minutes from
the Architectural Review Commission's proceedings are not available,
a request for such minutes).
(b)
A statement of the applicant's position as to the alleged errors
in the Commission's decision on the application and as to why approval
of the application as filed is justified and proper.
(16)
Applications for sign permits. Every application filed pursuant to § 260-1167 of this code shall, in addition to the information required pursuant to Paragraph (1) above, provide the following information:
(a)
Plans and specifications showing the location on the lot or
building face, and the method of construction, illumination, and support
of such sign, and all proposed landscaping; and
(b)
A scale drawing showing sign faces, exposed surfaces, and the
proposed message and design, accurately represented as to size, area,
proportion, and color; and
(c)
Photographs of the street sides of the property in question,
showing all existing signs on the property and adjacent property;
and
(d)
A calculation of the total amount of sign area presently existing
on the property; and
(e)
The applicant's attestation that the sum of the areas of the
requested sign or signs and the existing signs does not exceed the
maximum allowed by the provisions of this code; and
(f)
Evidence of a valid business license, when required, issued
for any business to which the sign is accessory.
(17)
Applications for wind energy systems (WES).
[Added 9-27-2010 by Ord. No. 2010-33]
(a)
Generally applicable requirements.
[1]
Project proposal:
[a]
A project summary, including, without limitation,
the manufacturer's information and number of proposed turbines.
[b]
Current photographs of the proposed location of
the WES.
[c]
A front elevation depiction of the subject property,
showing the location and proposed height of the top of the turbine
from the top of the building.
[2]
Insurance: proof of homeowner's or business general
liability insurance, as appropriate, with a minimum coverage level
of $1,000,000 per occurrence.
[3]
Electric utility: approval letter from the local
electric utility company, if the system is to be connected to the
energy grid.
[4]
Manufacturer's directions: a copy of the directions
issued by the manufacturer of the proposed WES for the proper installation,
operation, and maintenance of the WES.
[5]
Certification of design compliance: a certification of design compliance for the proposed WES with respect to the applicable noise, structural, and safety regulations set forth in § 260-911 of this code, which certification must have been obtained from Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party.
[6]
Maintenance covenant: an executed maintenance covenant, on a form provided by the Village, providing that the owner and all subsequent owners of the subject property will maintain the WES in accordance and compliance with § 260-911 of this code and with the maintenance directions issued by the manufacturer of the WES.
[7]
Contact information. The name of a local contact
with authority to operate or repair the proposed WES as needed and
at any time, and the telephone number at which such contact may be
reached on a twenty-four-hour basis. At all times during which the
WES is in operable condition, the applicant shall have the duty to
notify the Village of any changes to the information required pursuant
to this Subparagraph [7].
(b)
Additional building-mounted wind energy system (BWES) requirements.
[1]
Engineering plans: engineering plans, which must
include, without limitation, the manufacturer's engineering specifications
of the turbine, nameplate wattage capacity, dimensions of the turbine
unit, mounting mechanisms, expected load and expected sound level
production.
[2]
Site plan: a site plan, drawn to scale, signed
and sealed by a professional engineer licensed in the State of Illinois,
and including, without limitation, the following:
(c)
Additional small wind energy system (SWES) requirements.
[1]
Engineering plans: engineering plans, which must
include, without limitation, the manufacturer's engineering specifications
of the tower, turbine and foundation, detailed drawing of electrical
components and installation details, and expected sound level production
(see sound level standards below). For turbines with a nameplate wattage
capacity exceeding 20 kilowatts, the plans must be sealed by a structural
engineer.
[2]
Site plan: a site plan, drawn to scale, signed
and sealed by a professional engineer licensed in the State of Illinois,
and including, without limitation, the following:
[a]
The existing and proposed contours, at a minimum
of two-foot intervals;
[b]
The location, setbacks, exterior dimensions and
square footage of all structures on the subject property and all nonparticipating
properties located within 100 feet of the subject property if the
proposed WES will be of a height not greater than 100 feet, and within
500 feet of the subject property if the proposed WES will be of a
height greater than 100 feet;
[c]
The location and size of existing waterways, wetlands,
one-hundred-year floodplains, sanitary sewers, field drain tiles,
storm sewer systems, aquifers, and water distribution systems;
[d]
The location of any overhead or underground power
lines and utility easements; and
[e]
The locations and the expected duration of shadow
flicker caused by the SWES facility.
[3]
Soil studies. For all proposed turbines to be constructed
at a height greater than 100 feet, or of a structural weight greater
than 5,000 pounds, the applicant shall submit a soil analysis measured
at the proposed location for the base of the proposed tower and a
drawing stamped by a structural engineer, in order to demonstrate
that the soils are able to support the structural weight of the proposed
SWES. For purposes of this Subparagraph E(17)(c)[3], "structural weight"
shall include the tower, wind turbine generator, and any other components
otherwise supported by the base foundation of the proposed SWES.
[4]
Environmental impact studies and plans.
[a]
For any proposed SWES in excess of 75 feet in height,
the applicant shall request, and submit to the Village, evaluations
regarding the impact of the proposed SWES on the local environment
and local wildlife from the Illinois Department of Natural Resources,
the United States Fish and Wildlife Service, and the Lake County Soil
and Water Conservation District.
[b]
Upon request of the Village, the applicant shall
submit an environmental plan to mitigate or eliminate any adverse
impact of the proposed SWES on the local environment and local wildlife,
which plan shall be subject to the approval of the Village in consultation
with the Illinois Department of Natural Resources and the United States
Fish and Wildlife Service.
(18)
Applications for solar energy systems.
[Added 4-25-2011 by Ord. No. 2011-16]
(a)
Generally applicable requirements:
[1]
The name, address, and telephone number of the
person, firm, or corporation that will construct or install the proposed
solar energy system.
[2]
Elevation drawings and/or photographs, and a site
plan, depicting the location, size, and design details of all existing
structures on the subject property and of the proposed solar energy
system, which materials shall set forth all applicable zoning compliance
data.
[3]
The manufacturer's specifications of the solar
collectors and other devices of the proposed system, including, without
limitation, wattage capacity, the dimensions of the collectors, the
mounting mechanisms, the foundation details, and the structural requirements
for the system.
[4]
Plans and specifications showing the method of
construction of the proposed system, including details regarding the
support of the system and its attachment to any structure.
[5]
A copy of stress sheets and calculations prepared
by a licensed professional engineer showing that the proposed system
is designed for the deadload or windload, in the amount required by
the manufacturer and all applicable law.
[6]
A line drawing of the electrical components, as
supplied by the manufacturer, in sufficient detail to allow for a
determination that the manner of installation conforms to this code
and other applicable law.
[7]
A certification of design compliance for the proposed solar energy system with respect to the applicable noise, structural, and safety regulations set forth in § 260-911 of this code, which certification must have been obtained from Underwriters Laboratories (UL) or an equivalent independent testing agency approved by the Building Commission.
(b)
Site plan for ground-mounted systems. In addition to the requirements
set forth in Subparagraph (18)(a) of this subsection, for all ground-mounted
solar energy systems, the applicant shall submit a site plan, drawn
to scale, signed and sealed by a professional engineer licensed in
the State of Illinois, and including, without limitation, the following:
[1]
The existing and proposed contours, at a minimum
of two-foot intervals;
[2]
The location, setbacks, exterior dimensions and
square footage of all structures on the subject property and of all
structures proposed as part of the ground-mounted solar energy system,
as well as all applicable zoning compliance data; and
[3]
The location of any overhead or underground power
lines and utility easements.
(19)
Applications for geothermal energy systems:
[Added 4-25-2011 by Ord. No. 2011-16]
(a)
The name, address, and telephone number of the person, firm,
or corporation that will construct or install the proposed geothermal
energy system.
(b)
A project summary and a site plan, which shall include, without
limitation, information regarding the manufacturer of the system and
the system specifications.
(c)
The location and size of existing waterways, wetlands, one-hundred-year
floodplains, sanitary sewers, field drain tiles, storm sewer systems,
aquifers, and water distribution systems.
(d)
The location of any underground power lines and utility easements.
F.
Special data requests. In addition to the data and information required pursuant to Subsection E of this section, every applicant shall submit such other and additional data, information, or documentation as the Building Commissioner or any board or commission before which its application is pending may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.
G.
Waiver of application requirements. Notwithstanding any other provision of this section, the Building Commissioner shall have the authority to waive any requirement set forth in Subsection A, B, C, or E of this section when, in his or her judgment, such waiver is appropriate in light of the nature and extent of the relief being sought or in light of special circumstances making compliance with those provisions either unnecessary or unduly burdensome; provided, however, that any board or commission before which such application may come shall continue to have the right to request additional information pursuant to Subsection F of this section and to delay processing of such application until such information is provided and available in accordance with the deadlines established in Subsection C of this section. The Building Commissioner shall provide, in writing, his or her reasons why any such requirement has been waived, and shall refer such writing to the appropriate boards and commissions.
H.
Concurrent applications. When a proposed use or development requires
more than one approval pursuant to this code, applications for all
such approvals may be filed concurrently, notwithstanding the fact
that approval of one application may be a precondition to approval
of other applications. Such applications may, in the discretion of
the official, officials, body, or bodies charged with review of such
applications, be processed together; provided, however, that no application
shall be approved unless all applications that are a precondition
to its approval have first been approved.
I.
Withdrawal of application. An applicant may withdraw an application at any time prior to a final decision having been rendered with respect thereto, provided that the applicant shall have paid all applicable fees pursuant to Subsection D of this section. Such withdrawal shall be without prejudice to the applicant's right to refile such application, but any such refiling shall be treated as an entirely new filing and shall be subject to the procedures and fees of this code in the same manner as any other new application.
A.
Second applications without new grounds barred. Whenever any application
filed pursuant to this code has been finally denied on its merits,
a second application seeking essentially the same relief, whether
or not in the same form or on the same theory, shall not be brought
unless, in the opinion of the officer, board, or commission before
which it is brought, there is substantial new evidence available or
a mistake of law or fact significantly affected the prior denial.
B.
New grounds to be stated. Any such second application shall include
a detailed statement of the grounds justifying consideration of such
application.
C.
Summary denial with or without hearing. Any such second application
may be denied by the Building Commissioner summarily, and without
hearing, on a finding that no grounds appear that warrant a new hearing.
In any case where such application is set for hearing, the applicant
shall be required to establish grounds warranting reconsideration
of the merits of its application prior to being allowed to offer any
evidence on the merits. Unless such grounds are established, the application
may be summarily dismissed for such failure.
D.
Exception. Whether or not new grounds are stated, any such second
application filed more than two years after the final denial of a
prior application shall be heard on the merits as though no prior
application had been filed. The applicant shall, however, be required
to place in the record all evidence available concerning changes of
conditions or new facts that have developed since the denial of the
first application. In the absence of such evidence, it shall be presumed
that no new facts exist to support the new petition that did not exist
at the time of the denial of the first application.
A.
Setting hearing or meeting; time limitation. When the provisions
of this code require a public hearing or public meeting in connection
with any application filed pursuant to this code, the body charged
with conducting the hearing or meeting shall, upon receipt of a properly
completed application, fix a reasonable time and place for such hearing
or meeting; provided, however, that such hearing or meeting shall
be commenced no later than 60 days and shall be concluded no later
than 180 days following such commencement following the submission
of the subject application unless the applicant shall agree to an
extension or unless the hearing or meeting agenda of the body is completely
committed during that time.
B.
Notice.
(1)
Building Commissioner to give notice. The Building Commissioner shall cause notice to be given of public hearings and public meetings set pursuant to Subsection A of this section in the form and manner and to the persons herein specified.
(2)
Content of notice. All notices shall include the date, time
and place of such hearing or meeting, a description of the matter
to be heard or considered, a legal description of the subject property
or such other description intended to identify as fully as practicable
the subject property, and the address or particular location of the
subject property.
(3)
Persons entitled to notice.
(a)
All hearings and meetings.
[1]
Notice of every hearing or meeting set pursuant to Subsection A of this section shall be given:
[a]
By mail or personal delivery to the applicant and,
if a specific parcel is the subject of the application, to the owner
of the subject property.
[b]
By mail to any newspaper or person that shall have
filed a written request, accompanied by an annual fee as established
from time to time by the Building Commissioner to cover postage and
handling, for notice of all hearings or meetings held pursuant to
this code. Such written request shall automatically expire on December
31 of the year in which it is made unless a written request for renewal,
accompanied by the annual fee, is submitted prior to such date.
[2]
Notice by mail as herein required shall be mailed
no fewer than seven days in advance of the hearing or meeting date
by regular United States mail.
(b)
Hearings on amendments, special use permits, and variations. In addition to notice as required by Subparagraph B(3)(a) of this section, notice of every hearing set pursuant to Subsection A of this section in connection with any application for an amendment to this code or the Zoning Map, a special use permit, or a variation shall be given by publication in a newspaper with a general circulation within the Village at least once no less than 15 days nor more than 30 days in advance of the hearing date.
[Amended 7-28-1997 by Ord. No. 97-32]
(c)
Hearing on Official Comprehensive Plan. In addition to notice as required by Subparagraph B(3)(a) of this section, notice of every hearing set pursuant to Subsection A of this section in connection with the adoption or amendment of the Official Comprehensive Plan shall be given by publication in a newspaper of general circulation in Lake County, Illinois at least 15 days before such hearing.
C.
Conduct of hearings.
(1)
Rights of all persons. Any person may appear and testify at
a public hearing, either in person or by a duly authorized agent or
attorney, and may submit documentary evidence; provided, however,
that the hearing body may exclude irrelevant, immaterial, or unduly
repetitious evidence.
(2)
Rights of parties and proximate owners.
(a)
Subject to the discretion of the hearing body, the applicant,
any board, commission, or official of the Village, and any owner of
property within 250 feet of the subject property may be allowed, in
addition to the rights granted by Paragraph C(1) of this section,
any or all of the following rights:
[1]
To present witnesses on their behalf.
[2]
To cross-examine all witnesses testifying in opposition
to their position.
[3]
To examine and reproduce any documents produced
at the hearing.
[4]
To have subpoenas issued by the body in charge
of the hearing as may be provided by state law for persons to appear
at the hearings and for examination of documents by the person requesting
the subpoena either before or during the hearing, where such persons
or documents are shown to have a substantial evidentiary connection
with:
[5]
To a continuance, upon request, for the purpose
of presenting evidence to rebut evidence introduced by any other person.
(b)
In determining whether to grant or withhold such rights, the
discretion of the hearing body shall be governed by the goal of securing
all information and opinion relevant and material to its deliberations.
Such rights shall not be granted, however, when undue and unwarranted
delay would result, or when to do so would tend to produce no new
evidence to aid the hearing body in reaching its decision.
(3)
Adjournment of hearing. The body conducting the hearing may
at any time, on its own motion or at the request of any person, adjourn
the hearing for a reasonable time and to a fixed date, time, and place,
for the purpose of giving further notice, taking further evidence,
gathering further information, deliberating further, or for such other
reason as the hearing body may find to be sufficient. The Staff Secretary
of the hearing body shall notify in writing all members of the hearing
body, the owner and applicant, and any other person designated on
the vote of adjournment of the date, time, and place of the adjourned
hearing.
(4)
Testimony to be sworn. All testimony at any hearing held pursuant
to the provisions of this code shall be given under oath.
(5)
Right to submit written statements. Any person may at any time
prior to the commencement of a hearing hereunder, or during such hearing,
or within such time as may be allowed by the hearing body following
such hearing, submit written statements in support of or in opposition
to the application being heard.
(6)
Board or commission rules to govern. All other matters pertaining
to the conduct of hearings shall be governed by the provisions of
this code pertaining to, and the rules promulgated by, the body conducting
the hearing.
D.
Pre-hearing and pre-meeting examination and copying of application and other documents. At any time following the giving of notice as required in Subsection B of this section, and upon reasonable request, any person may examine the application and, subject to the exceptions set forth in the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.), all other documents on file with the Building Commissioner pertaining to the matter subject to such notice. In addition, any person shall be entitled to copies of such application and documents upon reasonable request and payment of a fee as specified in the Bannockburn Fee Schedule to cover the cost of such copies.
[Amended 9-25-2017 by Ord. No. 2017-27]
