A.
General provisions.
(1)
Title. This document shall be known and may be cited as the "Subdivision and Site Development Code of the Village of Homer Glen."
(2)
Effective date. This chapter shall be in full force and effect as provided by law.
(3)
Authority. This Subdivision Ordinance and subdivision regulations are adopted pursuant to the authority granted by Article VII of the 1970 Constitution of the State of Illinois, and as such may exercise any power and perform any function pertaining to its government and affairs; and pursuant to the authority granted by 65 ILCS 5/11-12-1 et seq. to comprehensively plan for the Village's future economic and land use development.
(4)
Purposes. The following regulations are adopted:
(a)
For the purpose of promoting the public health, safety, and general welfare; to conserve, protect and enhance property and property values; to secure the most efficient use of land; and to facilitate the adequate but economical provisions of public improvements.
(b)
To provide for orderly growth and development in accordance with the official Comprehensive Plan; to afford adequate facilities for the safe and efficient means for traffic circulation of its population; and to safeguard the public against flood damage, soil erosion, and sedimentation.
(c)
To prescribe reasonable rules and regulations governing the subdivision and platting of land; the preparation of plats; the location, width and course of streets and highways; the installation of utilities, street pavements, and other essential improvements; and the provision of necessary public grounds for school, parks, playgrounds, and other public open space.
(d)
To establish procedures for the preparation, submission, approval, and recording of plats; and to provide the means for enforcement and to provide penalties for violations.
(5)
Minimum requirements.
(a)
The provisions of this chapter are the minimum requirements deemed necessary to carry out the chapter's stated purpose and intent.
(b)
In addition to the requirements of the chapter, all uses and development must comply with all other applicable municipal, county, state and federal regulations.
(c)
All references in the chapter to other municipal, county, state or federal regulations are for informational purposes only and do not constitute a complete list of the regulations. These references do not imply any responsibility for the Village to enforce municipal, state or federal regulations unless they are required to do so by law.
(6)
Minimum standards. The regulations and standards of this chapter are to be considered the minimum requirements for subdivisions and subdivision improvements.
(7)
Conflicting provisions. If the provisions of different codes, chapters, or sections of the codified ordinances conflict with or contravene each other, the provisions bearing the latest passage date shall prevail. If the conflicting provisions bear the same passage date, the conflict shall be construed so as to be consistent with the meaning or legal effect of the questions of the subject matter taken as a whole.
(8)
Severability. If any provisions of a section of these codified ordinances or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable.
(9)
Official Comprehensive Plan component. This chapter shall be a part of the official Comprehensive Plan of the Village.
B.
Definitions.
(1)
Meanings and purpose. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(2)
Tenses and usage.
(a)
Words used in the singular include the plural. The reverse is also true.
(b)
Words used in the present tense include the future tense. The reverse is also true.
(c)
The words "must," "will," "shall" and "may not" are mandatory.
(d)
The word "may" is permissive, and "should" is advisory, not mandatory or required.
(e)
When used with numbers, "up to X", "not more than X" and "a maximum of X" all include X.
(4)
Fractions. The following rules apply to fractional numbers unless otherwise expressly stated.
(a)
Minimum requirements. When a regulation is expressed in terms of a minimum requirement, any fractional result of 0.5 or more must be rounded up to the next consecutive whole number. For example, if a minimum requirement calling for one tree to be provided for every 30 linear feet of frontage is applied to a fifty-foot dimension, the resulting fraction of 1.67 is rounded up to two required trees.
(b)
Maximum limits. When a regulation is expressed in terms of maximum limits, any fractional result will be rounded down to the next lower whole number. For example, if a maximum limit of one dwelling unit for every 5,000 square feet is applied to a lot of 13,750 square feet, the resulting fraction of 2.75 is rounded down to two allowed dwelling units.
(5)
Headings and illustrations. Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of this chapter. In case of any difference of meaning or implication between the text of this chapter and any heading, drawing, table, figure or illustration, the text controls.
(6)
References to other regulations.
(a)
All references in the chapter to other Village, county, state or federal regulations are for informational purposes only, and do not constitute a complete list of the regulations.
(b)
These references do not imply any responsibility by the Village for enforcement of county, state or federal regulations.
(7)
Current versions and citations.
(a)
All references to regulations, plans and studies refer to the most current version and citation for those regulations, unless otherwise expressly stated.
(b)
When the referenced documents have been repealed and not replaced by other regulations, plans or studies, chapter requirements for compliance will be interpreted as applying to the last adopted version of the referenced regulation, plan or study.
(9)
Delegation of authority. Whenever a provision appears requiring the head of a department or another officer or employee of the Village to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom he or she has authority.
(10)
Public officials and agencies. All employees, public officials, bodies and agencies to which references are made are those of the Village unless otherwise expressly stated.
(11) ACCESSORY STRUCTURE ADMINISTRATIVE VIOLATION AGGRIEVED PARTY AGRICULTURAL SUBSURFACE DRAINAGE APPLICANT APPROPRIATE ENGINEERING PRACTICE APPROPRIATE USE ARMORING BASE FLOOD BASE FLOOD ELEVATION (BFE) BASIN TRAP BEDROOM BERM BEST MANAGEMENT PRACTICES (BMP) BIOINFILTRATION BLOCK BOARD BUFFER(a) (b) BUILDING(a) (b) BUILDING PERMIT BUILDING SETBACK LINE
BULKHEAD BULLETIN 70 BYPASS FLOWS CERTIFY or CERTIFICATION CHANNEL CHANNEL MODIFICATION or CHANNELIZATION CHANNEL RELOCATION CLEARING COMMERCIAL COMMON OPEN SPACE COMPENSATORY STORAGE COMPREHENSIVE PLAN CONDITIONAL APPROVAL OF A DESIGNATED FLOODWAY MAP CHANGE CONDITIONAL LETTER OF MAP REVISION (CLOMR) CONSERVATION EASEMENT(a) (b) (c) CONSERVATION PLANNING CONSTRUCTION SCHEDULE CONTROL STRUCTURE CRITICAL DURATION CRITICAL ROOT ZONE CROSS SECTION CUBIC YARDS CUL-DE-SAC CULVERT/CULVERT CROSSING DAM DEAD END DECIDUOUS DEED RESTRICTION DELINEATION DENSITY, GROSS DEPRESSIONAL AREA DEPRESSIONAL STORAGE DESIGN RUNOFF EVENT DESIGN STANDARDS or DESIGN REQUIREMENTS DESIGNATED FLOODWAY(a) (b) DESIGNATED NATURAL AREAS DETENTION BASIN DEVELOPER DEVELOPMENT(a) (b) (c) [1] [2] [3] [4] [5] [6] (d) [1] [2] [3] (e) DEVELOPMENT, SMALL DISTRICT DISTURB DISTURBANCE ZONE DRAINAGE AREA DRAINAGE EASEMENT DRAINAGE FACILITIES DRIPLINE DRIVEWAY EASEMENT EFFECTIVE DATE EFFECTIVE INFILTRATION AREA ELEVATION CERTIFICATE EMERGENCY OVERLAND FLOW EMERGENCY WARNING SIRENS ENHANCEMENT ENVIRONMENTALLY SENSITIVE EROSION EVAPOTRANSPIRATION EVERGREEN EXCAVATION EXEMPT ORGANIZATION EXISTING MANUFACTURED HOME PARK OR SUBDIVISION EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION FEMA FILL FILTER BARRIER FILTER STRIP or VEGETATED FILTER STRIP FILTERED VIEW FINAL ACCEPTANCE OF THE SUBDIVISION FINISHED GRADE FLOOD FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) FLOOD FREQUENCY FLOOD FRINGE FLOOD HAZARD BOUNDARY MAP (FHBM) FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY (FIS) FLOOD PROTECTION ELEVATION (FPE) FLOODPLAIN or SPECIAL FLOOD HAZARD AREA (SFHA)(a) (b) [1] [2] [3] FLOODPLAIN FLOODPROOFING FLOODPROOFING CERTIFICATE FLOODWAY FLOODWAY or DESIGNATED FLOODWAY FLORISTIC QUALITY ASSESSMENT (FQA) FLORISTIC QUALITY INDEX (FQI)
FOREBAY FORESTED AREA FREEBOARD FRONTAGE FRONTAGE FRONTAGE ROAD FRONTAGE, LOT FUNCTIONAL GOOD HUSBANDRY GRADING GROUNDWATER GROUNDWATER CONTROL SYSTEM HALF STREET HEDGE HIGH WATER LEVEL (BLOCKED RESTRICTOR) HIGH WATER LEVEL (DESIGN) HIGH-QUALITY AQUATIC RESOURCE HIGH-QUALITY NATURAL AREA HISTORIC STRUCTURE(a) (b) (c) (d) HYDRAULIC CHARACTERISTICS HYDRAULICALLY CONNECTED IMPERVIOUS AREA HYDRAULICALLY EQUIVALENT COMPENSATORY STORAGE HYDRAULICS HYDRIC SOILS HYDROLOGICAL AND HYDRAULIC CALCULATIONS HYDROLOGICALLY DISTURBED HYDROLOGY IDNR-OWR ILLINOIS BIG TREE CHAMPIONS LIST IMPERVIOUS IMPROVED ACRE IMPROVEMENTS INFILTRATION DEVICE INFILTRATION VOLUME INSTITUTIONAL DEVELOPMENT INTERMITTENT STREAM ISOLATED WATERS LAKE LAND CLEARING LANDSCAPING LETTER OF MAP AMENDMENT (LOMA) LETTER OF MAP REVISION (LOMR) LOT(a) (b) LOT DEPTH
LOT LINE LOT WIDTH
LOT, DOUBLE-FRONTAGE LOWLAND CONSERVANCY OVERLAY DISTRICT MAINTENANCE AGREEMENT MAJOR DRAINAGE SYSTEM MANUFACTURED HOME MANUFACTURED HOME PARK OR SUBDIVISION MASS GRADING MINOR DRAINAGE SYSTEM MINOR SUBDIVISION MINOR WAIVER OR MODIFICATION MITIGATION MULCH NATIONAL FLOOD INSURANCE PROGRAM (NFIP) NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD) NATURAL NATURAL PRESERVE(a) (b) NET BENEFIT IN WATER QUALITY NET WATERSHED BENEFIT NEW MANUFACTURED HOME PARK OR SUBDIVISION NONRIVERINE NORMAL WATER LEVEL NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88) NRCS OBSERVATION STRUCTURES ON-STREAM DETENTION ON-STREAM IMPOUNDMENT OPEN CHANNEL OPEN SPACE(a) (b) OPEN SPACE (PRIVATE) OPEN SPACE (PUBLIC) ORDINARY HIGH WATER MARK (OHWM) ORNAMENTAL TREE
OUTLOT OVERLAND FLOW PATH PARCEL PATHWAY PAVILION PERENNIAL STREAMS PERMITTEE PLANNED DEVELOPMENT PLAT PLUGGED INLET EVENT POND PRESEDIMENTATION BASIN (FOREBAY, SEDIMENTATION BASIN, SILTATION BASIN, STILLING BASIN) PRIMARY GRAVITY OUTLET PRIOR CONVERTED WETLANDS PROFESSIONAL ENGINEER or REGISTERED PROFESSIONAL ENGINEER PROFESSIONAL LAND SURVEYOR PROPERTY PROPERTY OWNERS' ASSOCIATION (HOMEOWNERS' ASSOCIATION or HOA) PROTECTED TREE PROTECTED WETLAND PUBLIC BODIES OF WATER PUBLIC FLOOD CONTROL PROJECT PUBLIC FLOOD EASEMENT QUALIFIED PROFESSIONAL RECORD DRAWINGS RECREATIONAL VEHICLE or TRAVEL TRAILER(a) (b) (c) (d) REGIONAL DETENTION BASIN REGISTERED STRUCTURAL ENGINEER REGULATORY FLOODPLAIN REGULATORY FLOODWAY REMOVAL REPAIR, REMODELING, or MAINTENANCE RESIDENTIAL DEVELOPMENT RETENTION FACILITY RIVERINE (SFHA) RUNOFF SCHOOL FACILITY COSTS(a) [1] [2] [3] [4] [5] [6] [7] (b) SCHOOL LAND ACQUISITION COSTS(a) (b) SCREENING SEASONAL HIGH GROUNDWATER TABLE SEDIMENT BASIN SEDIMENTATION SEEPAGE SETBACK SHADE TREE
SHORT-CIRCUITING SHRUB
SIGNIFICANT TREE SILT FENCE SITE SITE DEVELOPMENT SITE DEVELOPMENT PERMIT SITE DEVELOPMENT PLAN FOR PERMIT SPECIAL FLOOD HAZARD AREA (SFHA) SPECIAL SERVICE AREA SPECIAL USE STEEP SLOPE STILLING/SEDIMENTATION BASIN STORMWATER FACILITY STORMWATER POLLUTION PREVENTION PLAN (SWPPP) STREAM STREAM BANK STABILIZATION STREET STREET, PRIVATE STRIPPING STRUCTURE SUBDIVIDER SUBDIVISION(a) [1] [2] [3] [4] [5] [6] [7] [8] [9] (b) SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT(a) (b) (c) [1] [2] SUBSURFACE DRAINAGE SUBSURFACE WATER SUBWATERSHED SWALE or DRAINAGE SWALE T FACTOR TAIL WATER TOPOGRAPHY TRAIL TRAIL (PRIVATE) TRAIL (PUBLIC) TRANSITION SECTION TREE TREE INCHES TREE PROFESSIONAL TRIBUTARY AREA TURNAROUND UNDERSTORY UPSTREAM TRIBUTARY AREA VEGETATION VILLAGE VILLAGE FORESTER VILLAGE OF HOMER GLEN WATER RESOURCE BMP GUIDELINES WATER RESOURCE MANAGEMENT PLAN WATER RESOURCE MANAGEMENT SYSTEM WATER TABLE WATERCOURSE WATERS OF THE UNITED STATES WATERSHED WATERSHED BENEFIT WATERSHED CHARACTERISTICS WATERSHED PLAN WETLAND WETLAND QUALITY WETLAND, REGULATED
Definitions. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
A structure that is detached from a principal structure (dwelling) on the same lot, and customarily incidental and subordinate to the principal structure or use.
An administrative violation of § 138-6 occurs when rules and procedures regarding permit applications and permits are not followed.
A person adversely affected by an administrative decision, as determined by the Village Board of Trustees.
A water management technique driven by economic and safety concerns, where the rate at which surplus groundwater should be removed is determined primarily by the moisture/air requirements of the vegetation (commonly called "tiles, "field tiles," etc.).
Any person, firm or agency who or which executes the necessary forms to procure official approval of a development or permit to carry out construction of a development from the Village.
Procedures, methods, or materials recommended in standard engineering textbooks or references as suitable for the intended purpose.
Only uses of the designated floodway that are permissible and will be considered for permit issuance. The only uses that will be allowed are as specified in § 138-6N(5), Occupation and use of designated floodways.
A form of channel modification which involves the placement of materials (e.g., concrete, riprap, bulkheads, etc.) within a stream channel or along a shoreline to protect property above streams, lakes and ponds from erosion and wave damage caused by wave action and stream flow.
The flood having a one-percent probability of being equaled or exceeded in a given year.
The highest water surface elevation that can be expected during the base flood.
A structure or area that allows for the temporary deposit and removal or disposal of sediment materials from stormwater runoff.
For purposes of § 138-4, any den, study, loft or extra room located on any floor in a dwelling unit which is not clearly identified for some other specific purpose such as a kitchen (one per unit), dining room (one per unit), living room (one per unit), bathroom and family room (one per unit) and meets building code requirements (closet; window egress) for use as a bedroom.
An earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise.
A measure used to control the adverse stormwater-related effects of development. BMPs include structural devices (e.g., swales, filter strips, infiltration trenches, and detention basins) designed to remove pollutants, reduce runoff rates and volumes, and protect aquatic habitats. BMPs also include nonstructural approaches, such as public education efforts to prevent the dumping of household chemicals into storm drains.
Temporary storage of runoff water in a vegetated depression with porous soils to encourage retention/uptake of nutrients by the vegetation and groundwater recharge to the natural subsoils, primarily in a grass-covered area with no surface outlet, except flooding of adjacent areas during the extreme event, which will ultimately lead to infiltration and evaporation.
A tract of land bounded by streets, or by a combination of streets, railway rights-of-way, waterways, or limits of subdivision.
The Village of Homer Glen Board of Trustees.
A combination of physical space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other.
An area of predominantly vegetated land located adjacent to channels, wetlands, lakes or ponds for the purpose of reducing contaminants in stormwater that flows to such areas.
Any structure constructed partially or wholly aboveground with a permanent roof separated on all sides from adjacent open space by walls, built for the shelter or enclosure of persons, animals, chattel, or property of any kind. The term includes both the aboveground and below-ground portion of the structure. When separated by division walls from the ground up and without openings, each portion of the building shall be deemed as a separate building.
For purposes of § 138-6: a structure that is principally aboveground and is enclosed by walls and a roof. The term includes a gas or liquid storage tank, a manufactured home, mobile home or a prefabricated building. This term also includes recreational vehicles and travel trailers to be installed on a site for more than 180 days, unless fully licensed and ready for highway use.
A permit issued by the Village for the construction, erection, or alteration of a structure or building.
The minimum distance required to be provided by the Village Zoning Ordinance[1] between a street right-of-way or the center of the street in noted situations and the nearest supporting member of any structure on the lot.
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A retaining wall that protects property along water.
Frequency Distributions and Hydroclimatic Characteristics of Heavy Rainstorms in Illinois by Floyd Huff and James Angel of the Illinois State Water Survey (1989).
Stormwater runoff or groundwater from upstream properties tributary to a property's drainage system but not under its control.
Formally attesting that the specific inspections and tests, where required, have been performed, and that such tests comply with the applicable requirements of § 138-6.
Any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or man-made drainageway, which has a definite bed and bank or shoreline, in or into which surface water, groundwater, effluent, or industrial discharges flow either perennially or intermittently.
The alteration of a watercourse by changing the physical dimension or materials of the channel. Channel modification includes damming, rip-rapping (or other armoring), widening, deepening, straightening, relocating, lining, and removal of bottom or woody vegetation. Channel modification does not include the clearing of debris or trash from the watercourse. Channelization is a severe form of channel modification involving a significant change in the channel cross section and typically involving relocation of the existing channel (e.g., straightening).
A severe form of channel modification involving a significant change in the channel cross section and relocation of the existing channel (e.g., straightening).
Any activity which removes vegetative ground cover.
Sale of goods to the public at large where the traffic generated warrants construction of site improvements.
Land unoccupied by structures, buildings, streets, rights-of-way and automobile parking lots and designed and intended for the use or enjoyment of residents of a planned development. Common open space may contain structures for recreational use.
An excavated, hydrologically and hydraulically equivalent volume of storage created to offset the loss of existing flood storage.
The documents, plans, maps, policy statements, goals, and programs adopted by the Board by ordinance duly enacted, together with such amendments thereto as may be adopted from time to time.
Preconstruction approval by the Illinois Department of Natural Resources/Office of Water Resources (IDNR/OWR) and Federal Emergency Management Agency (FEMA) of a proposed change to the floodway map. This preconstruction approval, pursuant to § 138-6, gives assurances to the property owner that once an appropriate use is constructed according to permitted plans, the floodway map can be changed, as previously agreed, upon review and the acceptance of as-built plans.
A letter which indicates that FEMA will revise base flood elevations, flood insurance rate zones, flood boundaries or floodways as shown on an effective Flood Hazard Boundary Map or Flood Insurance Rate Map, once the as-built plans are submitted and approved.
A legal agreement between a landowner and a public agency or not-for-profit conservation organization that permanently restricts current and future uses of a property. It is a recorded easement that restricts use of the land for all future owners of the property.
The conservation easement area is monitored by the holder of the easement who enforces the restrictions of the easement. Funding for monitoring and enforcement of the conservation easement is required and is typically provided through an endowment to the not-for-profit organization.
Funding for any work to be performed in the conservation easement is typically provided by the owner of the property (the developer, individual property owner or property owners' association).
The practices and procedures associated with the management of soil, water, plants, plant nutrients and other elements of agricultural production. Documentation of the management system shall only be as required by the NRCS or, in cases of a complaint, as requested by the administrator in response to a notification of a complaint.
A plan prepared by a state-licensed professional engineer that outlines the time line for construction, the construction traffic routing to the site and any signs that are deemed appropriate.
A structure designed to limit the rate of flow that passes through the structure to a specific rate, given a specific upstream and downstream water surface elevation.
The duration of a storm event that results in the greatest peak runoff.
The circular area measured outward from the tree trunk one foot of radius for each one inch of diameter of the tree measured 4 1/2 feet above the existing grade at the base of the tree.
A section formed by a plane cutting through an object, usually at right angles to an axis.
The amount of material in excavation and/or fill measured by the method of "average end areas."
A street having one open end and being permanently terminated at the other end by a vehicle turnaround.
A structure designed to carry drainage water or small streams below barriers such as roads, driveways, or railway embankments.
Any obstruction, wall embankment, or barrier, together with any abutments and appurtenant works, constructed to store or divert water or to create a pool (not including underground water storage tanks).
Having only one outlet.
A plant with foliage that is shed annually.
A restriction placed on a parcel or lot that protects open space or natural areas and restricts future development on that land. It is recorded and applies to all future owners of the property. Typically, no special monitoring of the property is required and enforcement of the deed restriction would be provided by private citizens, the property owners' association or the Village. Funding for any work to be performed in a deed restricted area is typically provided by the owner of the property (the developer, individual property owner or property owners' association).
Written description of characteristics and determination of boundary lines of watercourses, wetlands, and any buffers located on the property and marked with flags or tape. (For complete requirements, see Army Corps of Engineers Delineation Manual Y-87-1.)
A calculation that is used to describe the number of dwellings that can be constructed on a parcel of land. The numerical value is obtained by dividing the area of a parcel by the lot size.
Any area which is lower in elevation on all sides than surrounding properties (i.e., it does not drain freely), or whose drainage is severely limited such as by a restrictive culvert. A depressional area will fill with water on occasion when runoff into it exceeds the rate of infiltration into underlying soil or exceeds the discharge through its controlled outlet. Large depressional areas may provide significant stormwater or floodplain storage.
The volume contained below a closed contour on a one-foot contour interval topographic map, the upper elevation of which is determined by the invert of a surface gravity outlet.
The runoff quantity produced from the design storm event, which is typically the one-hundred-year event for detention, overland flow route and flood conveyance calculations; the ten-year event for storm sewer and inlet calculations; and the two-year for release rate calculations.
The requirements and regulations relating to design and layout of a subdivision.
The channel, including on-stream lakes, and that portion of the floodplain adjacent to a stream or watercourse as designated by IDNR/OWR which is needed to store and convey the existing one-hundred-year frequency flood discharge with no more than a 0.1 foot increase in stage due to the loss of flood conveyance or storage, and no more than a 10% increase in velocities.
The floodways are designated for the Village of Homer Glen on the current edition of the Flood Boundary and Floodway Map prepared by FEMA (or the Department of Housing and Urban Development).
To locate the designated floodway boundary on any site, the designated floodway boundary should be scaled off the designated floodway map and located on a site plan, using reference marks common to both maps. Where interpretation is needed to determine the exact location of the designated floodway boundary, IDNR/OWR should be contacted for the interpretation.
Land areas officially designated as such, which are unoccupied by any structure and exhibit distinctive natural characteristics, including but not limited to fish and wildlife habitat, native vegetation habitat, water quality, enhancement, and natural and created flood storage; which shall be permanently devoted to open space use by, but not limited to, conservancy easements, or dedication for such purposes to a municipal corporation with authority to so use such land.
A constructed structure for the temporary storage of stormwater runoff with a controlled release rate.
Same as "subdivider."
Any human change to real estate, including excavation, clearing, construction, reconstruction, enlargement, repair, or placement of a building or any addition to a building, but does not include maintenance of existing buildings or structures.
For purposes of § 138-5B, any proposed material change in the use or character of land, including but not limited to grading or regrading, excavation, land clearing, placement or construction of any structure, the replacement or removal of any structure or any site improvements such as building additions, decks, fences and the like.
For purposes of § 138-6, any constructed change to real estate, including but not limited to:
Construction, reconstruction, repair, or replacement of a building or an addition to a building.
Installing a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer or recreational vehicle on a site for more than 180 days. If the travel trailer or recreational vehicle is on site for less than 180 days, it must be fully licensed and ready for highway use.
Drilling, mining, installing utilities, construction of roads, bridges or similar projects.
Construction or erection of levees, walls, fences, dams, culverts, channel modifications, filling, dredging, grading, excavating, paving, or other nonagricultural alterations of the ground surface, storage materials, deposit of solids or liquid waste.
Any other activity of man/woman that might change the direction, height, or velocity of floodwater or surface water, including extensive vegetation removal.
Placement or removal of any fill, storm sewer, culvert, or tile (other than agricultural tiles as discussed further herein) in a manner that either impedes flow from upgradient properties or hastens flow onto downgradient properties.
For purposes of § 138-6, the activities including, but not limited to, the following are not considered development:
Maintenance of existing buildings and facilities such as reroofing or resurfacing of roads when there is no increase in elevation.
Construction of trails and/or paths through native wooded areas or adjacent to waterways when not within a road right-of-way or when not within or tributary to an area for which a stormwater control system exists or is planned.
Plowing and cultivation and other similar agricultural practices that do not involve filling, grading or construction of levees.
For purposes of § 138-6, the activities including, but not limited to, the following, that do not individually or aggregately hasten or alter the flow of surface water, are considered minor development:
For purposes of § 138-4, a development with a total number of proposed dwelling units that will produce less than the maximum number of students for one school of each school classification.
See "Lowland Conservancy Overlay District."
Any act which causes or may reasonably be expected to cause a tree to die, including damage to the tree's root system or trunk, compaction of ground within the root system of a tree, a change in the natural grade above the root system of a tree, and trenching within the critical root zone.
Any area which would be physically altered from its natural state, including but not limited to all areas of grading, utility installation, building pads, driveways, parking areas or other structures.
The land area above a given point that may contribute runoff flow at that point from rainfall.
Property which is dedicated to either the sole or shared purpose of conveying stormwater flows either overland or via a buried conduit. Drainage easements may be granted to the Village, a homeowners' association, or other entity responsible for the maintenance of drainage facilities within a development. No party may construct any structure for any purpose within a drainage easement if the structure will, in the sole opinion of the Village, block or impede either maintenance of drainage facilities or the flow of stormwater.
The system including, but not limited to, pipes, manholes, inlets, swales, basins, rain gardens, waterways, curbs, easements, etc., that collects, transports, detains, treats, discharges, retains, and infiltrates stormwater.
An imaginary vertical line from the outermost branch tips of a tree down to the ground.
That portion of a lot used to provide access from the street to a place of residence or business and which has been graded and graveled or surfaced with concrete, asphalt, crushed stone, or other hard surface and dustless materials.
A grant by a property owner for the use of a parcel of land by the general public, a corporation or a certain person or persons for a specific purpose or purposes.
For purposes of § 138-6, February 10, 2009.
The area of the infiltration system that is used to infiltrate runoff, excluding the area used for site access, berms or pretreatment.
A form published by FEMA that is used to certify the elevation to which a building has been elevated.
The scenario where all storm sewer inlets are completely blocked and the one-hundred-year stormwater drainage can only be conveyed through an overland flow path.
Sirens located within a subdivision or development designed to alert residents of impending danger. Emergency warning sirens in the Village are regulated in terms of location and decibel level by the Will County Emergency Management Agency.
The manipulation of the physical, chemical, or biological characteristics of a wetland (undisturbed or degraded) site to heighten, intensify, or improve a specific function(s) or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, floodwater retention, or wildlife habitat. Enhancement results in a change in wetland function(s) and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. This term includes activities commonly associated with management, manipulation, and directed alteration.
Geographic areas consisting of all lakes and streams shown on the USGS quadrangle maps and adjacent shoreland buffer areas, delineated wetlands and all wetlands shown on the wetland inventory maps and floodplains as delineated on the official Federal Emergency Management Administration flood insurance rate maps and any other environmental features currently regulated or identified under federal, state or local environmental laws or plans.
The general process whereby soils are moved by flowing water or wave action.
The total amount of water transferred from the earth's surface to the atmosphere by evaporation from lakes, streams, and soil surfaces and by transpiration from plants.
A plant with foliage that persists and remains green year-round.
Any act by which the organic matter, earth, sand, gravel, rock, or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed and shall include the conditions resulting therefrom.
Organizations which are exempt from § 138-6 according to the Illinois Compiled Statutes (ILCS), including state, federal, or local units of government.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) has been completed before January 23, 1996.
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Any act by which earth, sand, gravel, rock or any other material is deposited, placed, replaced, pushed, dumped, pulled, transported, or moved by any person to a new location and shall include the conditions resulting therefrom.
A structure composed of burlap or standard-weight synthetic filter fabric stapled to wooden stakes.
The maintenance or establishment of woody vegetation of sufficient density to screen developments from a stream or wetland, to provide for stream bank stabilization and erosion control, to serve as an aid to infiltration of surface runoff, and to provide cover to shade the water. The vegetation need not be so dense as to completely block the view. "Filtered view" means no clear cutting.
The formal act of transference of public improvement to a specific subdivision or development from private ownership and control to that of the appropriate public agency pursuant to conditions, procedures and terms set forth in this chapter. This act shall take place after all improvements are acknowledged, completed, and accepted by the Development Services Director and the Road District Commissioner.
The vertical location of the ground or pavement surface after the grading work is completed in accordance with the site development plan.
A general and temporary condition of partial or complete inundation of normally dry land areas from overflow of inland or tidal waves, or the unusual and rapid accumulation or runoff of surface waters from any source.
A floodplain management map issued by FEMA that depicts, based on detailed analysis, the boundaries of the base flood, the 0.2% probability flood, and the floodway.
Normally expressed as a period of years, based on a percent chance of occurrence in any given year from statistical analysis, during which a flood of a stated magnitude may be expected to be equaled or exceeded. For example, the two-year flood frequency has a fifty-percent chance of occurrence in any given year. Similarly, the one-hundred-year flood frequency has a one-percent chance of occurrence in any given year.
That portion of the floodplain outside of the designated floodway.
A map issued by FEMA that is an official community map, which depicts generalized areas of floodplains, replaced by a detailed Flood Insurance Study.
A map prepared by FEMA that depicts the floodplain or special flood hazard area within a community. This map includes insurance rate zones and floodplains and may or may not depict floodways and show base flood elevation.
[Amended 2-13-2019 by Ord. No. 19-005]
An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.
[Amended 2-13-2019 by Ord. No. 19-005]
A point two feet above the water surface elevation of the one-hundred-year recurrence interval flood.
[Amended 2-13-2019 by Ord. No. 19-005]
These two terms are synonymous and means any land area susceptible to being inundated by water from any source. Floodplain also includes those areas of known floodplains as identified by the community.
The floodplains are those:
Lands within the jurisdiction of the Village that are subject to inundation by the base flood; and
Parts of unincorporated Cook County and Will County that are within the extraterritorial jurisdiction of the Village or that may be annexed into the Village.
The floodplains are generally identified as such on Panel Nos. 17197C0070G, 17197C0090G, 17197C0095G, 17197C0175G. 17197C0180G, 17197C0185G. 17197C0190G, 17197C0195G and 17197CIND0B of the countywide Flood Insurance Rate Map of Will County as prepared by FEMA and dated February 15, 2019, and Panel Nos. 17031C0569J, 17031C0588J, 17031C0589J, 17031C0593J and 17031C0648J, of the countywide Flood Insurance Rate Map of Cook County dated August 19, 2008.
That land typically adjacent to a body of water with ground surface elevations at or below the base flood or the one-hundred-year frequency flood elevation, including detached special flood hazard areas, ponding areas, etc. The floodplain is also known as the "special flood hazard area" (SFHA).
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
A form published by FEMA that is used to certify that a building has been designed and constructed to be structurally dry and floodproofed to the flood protection elevation.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one-tenth of a foot due to the loss of flood conveyance or storage.
The floodway includes the channel, on-stream lakes, and that portion of the floodplain adjacent to a stream or channel which is needed to store and convey the critical duration one-hundred-year-frequency flood discharge with no more than a 0.1 foot increase in flood stage due to the loss of flood conveyance or storage, and no more than a 10% increase in velocities.
A method, developed by Swink and Wilhelm, to assess the floristic integrity of vegetation; FQA shall be used for determining wetland quality in the Village of Homer Glen.
An index derived from floristic inventory data and calculated by the following formula from Swink and Wilhelm (1979, 1994):
FQI = C' | |||
 | |||
in which: | |||
C | = | coefficient of conservatism | |
C' | = |  | |
(mean coefficient of conservatism) | |||
N | = | number of taxa | |
A small reservoir at the inlet of a detention facility designed to facilitate sediment removal.
Any land that is capable of producing or has produced forest growth or, if lacking forest growth, has evidence of a former forest and is not now in use.
An increment of height added to the BFE or one-hundred-year design water surface elevation to provide a factor of safety for uncertainties in calculations, unknown local conditions, wave actions and unpredictable effects such as those caused by ice or debris jams.
The property on one side of a street between two intersecting streets (crossing or termination) measured along the line of the street; or with a dead-end street, all property abutting one side of the street measured from the nearest intersecting street and the end of the dead-end street.
The property on one side of a street between two intersecting streets (crossing or termination) measured along the line of the street; or with a dead-end street, all property abutting one side of the street measured from the nearest intersecting street and the end of the dead-end street.
A public or private marginal access roadway generally paralleling and contiguous to a street or highway and designed to promote safety by eliminating unlimited ingress and egress to the street or highway providing points of ingress and egress at more-or-less uniformly spaced intervals.
The portion of the frontage that lies between the side lot lines of a single lot.
Stormwater facilities which serve their primary purpose of meeting developed release rate requirements but do not meet all of the final design conditions. For example, a detention basin, which has been excavated but has not had the side slopes graded, nor the final landscaping placed, may be considered "functional" as a site runoff storage facility.
Generally accepted agricultural practices found in good farm management.
Excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.
Water that is located within soil or rock below the surface of the earth; same as subsurface water.
A designed system which may consist of tiles, under drains, french drains, or other appropriate stormwater facilities the purpose of which is to lower the groundwater table to a predictable elevation throughout the year.
A street bordering one or more property lines of a subdivision tract to which the subdivider has allocated only a portion of the ultimate and intended street width.
A landscaped barrier consisting of a continuous, dense planting of shrubs.
The water surface elevation of a pond, lake or other major drainage facility that occurs during the one-hundred-year storm when the outlet structure is completely blocked and water is discharged through overland flow path.
The water surface elevation of a pond, lake or other major drainage facility that occurs during the one-hundred-year storm when the outlet structure is functioning properly.
A water of the United States and other wet or perennially wet land, including those listed in the High-Quality Aquatic Resource list on file with the Development Services Director.
Land areas officially designated as such, which are unoccupied by any structure and exhibit distinctive natural characteristics, including but not limited to fish and wildlife habitat, native vegetation habitat, water quality, enhancement, and natural and created flood storage; which shall be permanently devoted to open space use by, but not limited to, conservancy easements, or dedication for such purposes to a municipal corporation with authority to so use such land.
Any structure that is:
Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
Individually listed on the state inventory of historic places by the Illinois Historic Preservation Agency.
Individually listed on a local inventory of historic places that has been certified by the Illinois Historic Preservation Agency.
The features of a watercourse which determine its water conveyance capacity. These features include, but are not limited to, size and configuration of the cross section of the watercourse and floodway; texture and roughness of materials along the watercourse; alignment of the watercourse; gradient of the watercourse; amount and type of vegetation within the watercourse; and size, configuration, and other characteristics of structures within the watercourse. In low-lying areas, the characteristics of the overbank area also determine water conveyance capacity.
Consists of those areas of concrete, asphalt and gravel surfaces along with rooftops which convey flows directly to an improved drainage system consisting of storm sewers or paved channels. Rooftops whose downspouts discharge to unpaved surfaces which are designed for the absorption and filtration of stormwater runoff shall not be considered as hydraulically connected impervious surfaces. Roadways whose primary conveyance is through open ditches and swales shall not be considered as hydraulically connected impervious surface. Roadways drained by curb and gutter and storm sewer, and driveways hydraulically connected to those roadways shall be considered as directly connected impervious surface.
Compensatory storage either adjacent to the floodplain fill or not located adjacent to the development but can be shown by hydrologic and hydraulic analysis to be equivalent to compensatory storage located adjacent to the development.
The science and study of the mechanical behavior of water in physical systems and processes.
Soils that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part.
Engineering analyses that determine expected flood flows and flood elevations based on land characteristics and rainfall events.
An area where the land surface has been cleared, grubbed, compacted, or otherwise modified that changes runoff, volumes, rates, or direction.
The science of the behavior of water, including its dynamics, composition, and distribution in the atmosphere, on the surface of the earth, and underground.
The Illinois Department of Natural Resources, Office of Water Resources.
A listing of trees of historical, ecological or cultural value published by the Department of Natural Resources.
Surfaces that cause the majority of rainfall to be converted to direct runoff. Asphalt, concrete, gravel parking areas and roofing systems will be considered impervious.
For purposes of this § 138-4, an acre of land that is fine graded and made ready for construction with utilities, sewer, water and streets, including enclosed drainage and curb and gutter, brought along the entire street frontage of the land.
All facilities constructed or erected by a subdivider to permit and facilitate the use of lots or blocks for a principal residential, commercial or industrial use.
A system that collects rainwater that falls on a site, stores it temporarily, and then releases it into the ground.
The average annual volume of water that is retained on a site by the entry and movement of precipitation or runoff into or through soil on a parcel exclusive of initial abstractions, evaporation, transpiration, and runoff.
A public or private, profit or nonprofit use designated to advance the knowledge or application of educational, religious, health, cultural or other similar objectives.
A stream whose bed intersects the groundwater table for only a portion of the year on the average or any stream which flows continuously for at least one month out of the year but not the entire year.
Wetlands and other waters not regulated by the U.S. Army Corps of Engineers. These include lakes, ponds, streams (including intermittent streams), and farmed wetlands, but do not include permitted excavations, areas created by incidental construction grading, or roadside ditches unless regulated by another unit of government.
A natural or artificial body of water encompassing an area of two or more acres, which retains water throughout the year.
The process of removing trees, stumps, brush, stones and other obstacles from an area as required to obtain a constructible plot of land.
Any combination of living plants (such as grass, ground cover, shrubs, vines, hedges or trees) and nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences or decorative paving materials).
Official determination by FEMA that a specific structure is not in a one-hundred-year flood zone; amends the effective Flood Hazard Boundary Map (FHBM) or FIRM.
Letter that revises base flood or one-hundred-year-frequency flood elevations, flood insurance rate zones, flood boundaries or floodways as shown on an effective FHBM or FIRM.
A building site shown on a plat of subdivision recorded with the appropriate Village office and identifiable by reference to a plat of subdivision rather than by metes and bounds; or
For purposes of § 138-6, a platted parcel of land intended to be separately owned, developed and otherwise used as a unit.
The distance between the midpoint of the front lot line and the midpoint of the rear lot line.
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A property boundary line of a lot.
The distance on a horizontal plane between the side lot lines measured at right angles to the lot depth line at the established front building line.
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A lot other than a corner lot having frontage on two or more streets (also known as a through lot). For purposes of this definition, an alley shall not be considered a street.
An agreement guaranteeing that the applicant and all future owners of the property will maintain its stormwater drainage system.
That portion of a stormwater facility needed to store and convey flows beyond the capacity of the minor stormwater system.
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on site for more than 180 consecutive days. The term "manufactured home" does not include a recreational vehicle.
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
Development in which the primary activity is a change in topography affected by the movement of earth materials.
Shall consist of all infrastructure, including curb, gutter, culverts, roadside ditches and swales, storm sewers, and subsurface drainage systems intended to convey stormwater runoff at less than a one-hundred-year flood frequency.
Any subdivision containing not more than five lots not involving any new streets or extension of municipal facilities; and not adversely affecting the development of the remainder of the parcel or adjoining property; and not in conflict with any provision or portion of the Village Comprehensive Plan or any functional element thereof, or the Village Code or Official Map relating thereto.
A request to deviate from any of the subdivision application submittal requirements of this chapter.
Measures taken to offset negative impacts from development in wetlands or the floodplain.
Nonliving organic and synthetic materials customarily used in landscape design to retard erosion and retain moisture.
A federal program whose requirements are codified in Title 44 of the Code of Federal Regulations.
Reference surface set by the National Geodetic Survey deduced from a continental adjustment of all existing adjustments in 1929.
In reference to watercourses, those stream channels, grassed waterways, and swales formed by the existing surface topography of the earth prior to changes made by unnatural causes. A natural stream tends to follow a meandering path; its floodplain is not constrained by levees; the area near the bank has not been cleared, mowed or cultivated; the stream flows over soil and geologic materials typical of the area with no alteration of the course or cross section of the stream caused by filling or excavating.
A contiguous area within or adjacent to a subdivision in which native plants are maintained or planted, non-native plants are removed, and a maintenance plan and approved funding mechanism is in place for perpetual maintenance of the area.
For purposes of § 138-5, publicly owned lands designated as park or open space or private properties approved by the Village which are set aside to preserve their natural characteristics and qualities.
A finding that, when compared to the predevelopment condition, can be judged to reduce downstream sediment loading or pollutant loadings.
A finding that, when compared to the existing condition, the developed project will do one of the following: substantially reduce (more than 10%) downstream peak discharges; reduce downstream flood stages (more than 0.1 foot); or reduce downstream damages to structures occurring in the predevelopment condition. The demonstration of one of these conditions must be through detailed hydrologic and hydraulic analysis of watersheds on a regional scale as approved by the administrator.
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) has been completed on or after January 23, 1996.
Areas not associated with a stream or river, such as isolated depressional storage areas, ponds and lakes.
The static water surface elevation of a pond, lake or other major drainage facility that occurs between rain events.
The accepted standard orthometric datum, referenced to the single control point at Father Point, Quebec, Canada.
The United States Department of Agriculture, Natural Resources Conservation Service.
Structures built on a field tile where the pipe inflow and outflow are visible upon removal of a lid.
Temporary storage of runoff within a principal drainage system, such as in the receiving streams.
A reservoir that is filled by the river or stream flowing through it.
A conveyance system with a definable bed and banks carrying the discharge from field tiles and surface drainage. Open channels do not include grassed swales within farm fields under agricultural production, which are ephemeral in nature.
An area that is intended to provide light and air and may include, but is not limited to, meadows, wooded areas, floodplains, wetlands and grassed or planted waterways, and that is restricted from further development by appropriate easements or deed restrictions.
For purposes of § 138-5C, undeveloped land within a conservation subdivision that has been designated, dedicated, reserved, or restricted in perpetuity from further development and is set aside for use and enjoyment by members of the general public. Open space shall not be part of individual residential lots.
An area labeled as private on a plat of subdivision that is intended to provide light and air and may include, but is not limited to, meadows, wooded areas, floodplains, wetlands and grassed or planted waterways, and that is restricted from further development by appropriate easements or deed restrictions.
An area labeled as public on a plat of subdivision that is intended to provide light and air and may include, but is not limited to, meadows, wooded areas, floodplains, wetlands and grassed or planted waterways, and that is restricted from further development by appropriate easements or deed restrictions.
The point on the bank or shore up to which the presence and action of surface water is so continuous so as to leave a distinctive mark, such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
A deciduous tree planted primarily for its ornamental value or for screening purposes; tends to be smaller at maturity than a shade tree.
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A platted lot which is intended as open space or other use that is held in common ownership by a property owners' association or which is transferred to a public agency or utility.
A design feature of the major stormwater system which carries flows in excess of the minor stormwater system design capacity in an open channel or swale, or as sheet flow or weir flow over a feature designed to withstand the particular erosive forces involved.
May be paved or unpaved, and is physically separated from motorized vehicular traffic by an open space or barrier and is either within the highway right-of-way or within an independent tract or easement. Multi-use path activities may include walking, hiking, jogging, horseback riding, bicycling and roller skating.
A structure found in a common open space area that utilizes a solid floor of concrete material and has a sheltered roof. The structure must provide electrical connections for neighborhood gatherings and be able to accommodate people seated.
Riverine watercourses whose thalweg generally intersects the groundwater table elevation and flows throughout the year.
For purposes of § 138-6, any person to whom a site development permit is issued.
A subdivision as it is represented as a formal document by drawing and writing.
The scenario where all storm sewer inlets are completely blocked and stormwater drainage can only be conveyed through an overland flow path.
A body of water of less than two acres, which retains a normal water level year round.
A basin constructed for the purpose of allowing silt to drop out of waters before entering the main detention or retention basin. Its purpose is to localize siltation in the detention facilities to an area that can be more regularly, more easily, and more cost effectively dredged of accumulated sediment than the entire basin. The terms herein are interchangeable.
The outlet structure designed to meet the release rate requirements of § 138-6.
Wetlands which were converted to nonwetland uses such as cultivation or pasture prior to the current understanding of the importance of wetlands.
An engineer registered in the State of Illinois under the Illinois Professional Engineering Practice Act (225 ILCS 325/1 et seq.), as amended.
A land surveyor registered in the State of Illinois under the Illinois Land Surveyor Act (225 ILCS 330/1 et seq.), as amended.
Contiguous land under single ownership or control.
The legal entity created for the purpose of developing, selling, managing and maintaining a residential, commercial or industrial development, which shall have the primary responsibility for providing for the care, maintenance, renewal and replacement of stormwater drainage facilities.
Any healthy tree, not exempt from mitigation, that is 24 inches in diameter, or greater, measured four feet from the ground.
[Amended 2-8-2023 by Ord. No. 23-003]
Any wetland protected by federal, state or local government laws or regulations.
All open public streams and lakes capable of being navigated by watercraft in whole or in part for commercial uses and purposes and all lakes, rivers and streams, which in their natural conditions were capable of being improved and made navigable, or that are connected with or discharge their waters into navigable lakes or rivers within, or upon, the borders of the State of Illinois, together with all bayous, sloughs, backwaters, and submerged lands that are open to the main channel or body of water directly accessible thereto.
A flood control project which will be operated and maintained by a public agency to reduce flood damages to existing buildings and structures, which includes a hydrologic and hydraulic study of the existing and proposed conditions of the watershed. Nothing in this definition shall preclude the design, engineering, construction or financing in whole or in part of a flood control project by persons or parties who are not public agencies.
An easement acceptable to the appropriate jurisdictional body that meets the regulations of the OWR, the Village of Homer Glen, and that provides legal assurances that all areas subject to flooding in the created backwater of the development will remain open to allow flooding.
A person trained in natural and/or physical sciences (such as one or more of the disciplines of biology, geology, soil science, engineering, or hydrology) whose training and experience ensure a competent analysis and assessment of stream, lake, pond, and wetland conditions and impacts.
Drawings prepared, signed, and sealed by a registered professional engineer or registered land surveyor representing the final "as-built" record of the actual in-place elevations, location of structures, and topography.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty truck; and
Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.
A common detention basin which can be utilized by multiple adjacent properties.
A person licensed under the laws of the State of Illinois as a structural engineer.
The floodplain as depicted on maps recognized by FEMA as defining the limits of the SFHA.
Those portions of the floodplain depicted on maps as floodway and recognized by the IDNR-OWR for regulatory purposes.
Cutting vegetation to the ground or stumps, complete extraction, or killing by spraying.
Development activities which do not result in any increases in the outside dimensions of a building or any changes to the dimensions of a structure.
A parcel that is divided into lots with single-family or multifamily structures constructed on each piece of subdivided land.
A retention facility stores stormwater runoff without a gravity release.
Any SFHA subject to flooding from a river, creek, intermittent stream, ditch, on-stream lake system, or any other identified channel. This term does not include areas subject to flooding from lakes, ponding areas, areas of sheet flow, or other areas not subject to overbank flooding.
The waters derived from melting snow or rain falling within a tributary drainage basin that exceeds the infiltration capacity of the soils of that basin.
Those costs attributable to the projected increase in student population resulting from the development of a proposed subdivision or planned development including the following:
The costs incurred by a school district that are directly associated with the construction of buildings or other infrastructure, including technological infrastructure;
The costs incurred in the renovation or improvement of school facilities;
The costs incurred by a school district that are directly related to construction of additions;
The costs incurred by a school district that are directly associated with the acquisition of buildings that are to be devoted to use as a school building;
Expenditures made by a school district for installment payments or lease payments on contracts or agreements that have a defined term and that result in the acquisition or leasing of a school building by the school district or in the leasing of temporary classrooms by the school district;
Special assessments payable by a school district for capital improvements such as streets, curbs and drains; and
The architectural, engineering, and legal costs incurred by a school district in constructing school facilities provided, however, that not more than 10% of the total costs estimated to be incurred in constructing those school facilities shall be devoted to architectural, engineering and legal costs. If a fiscal impact statement demonstrates that the costs associated with educating students reasonably expected to be generated by the subject development exceed the projected tax revenues therefrom, then the recipient school districts may use the school facilities impact fees to the extent necessary to make up any projected shortfall specifically and uniquely attributable to the subject development.
Except as provided in § 138-4B, in no event shall school facility costs include routine repairs or maintenance of existing school facilities.
A school district's costs of acquisition of school land, by purchase, lease or other contractual arrangement. School land acquisition costs may include:
The planning, design and legal costs incurred by a school district in connection with the formulation or adoption of a school land acquisition program; and
The reasonable title and survey expenses, brokerage fees, attorney's fees, architect fees, engineering fees and environmental investigation fees, and any other costs incurred by a school district in connection with the acquisition of school lands.
Decorative fencing or evergreen vegetation maintained for the purpose of concealing from view the area behind the fencing or evergreen vegetation.
The upper limits of the soil temporarily saturated with water, being usually associated with spring wetness conditions. This may be indicated by soil mottles with a Munsell color of two chroma or less.
A structure or area that allows for the temporary deposit and removal or disposal of sediment materials from stormwater runoff.
The process that deposits hydraulically moved soils, debris, and other materials either on other ground surfaces or in bodies of water or stormwater drainage systems.
The movement of drainable water through soil and rock.
For purposes of § 138-6, the horizontal distance between any portion of a structure or any development activity and the ordinary high water mark of a perennial or intermittent stream, the ordinary high water mark of a lake or pond, or the edge of a wetland, measured from the structure's or development's closest point to the ordinary high water mark or edge.
Usually a deciduous tree, rarely an evergreen, planted primarily for its high crown of foliage or overhead canopy.
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The rapid flow of incoming water through the center of the pond directly to the outlet.
A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground; may be deciduous or evergreen.
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Any healthy tree measuring six inches or larger in diameter at a height of 54 inches ["diameter breast height (DBH)"] above existing grade at the base of the tree for deciduous trees and measuring four inches or larger in diameter at a height of 54 inches ["diameter breast height (DBH)"] above existing grade at the base of the tree for all other trees.
A temporary sediment barrier consisting of a filter fabric stretched across and attached to supporting posts and entrenched.
A lot or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.
Altering terrain and/or vegetation and construction improvements.
A permit issued by the Village for the construction or alteration of ground improvements and structures for the control of erosion, runoff, and grading, or for the clearing, grading, stripping, excavating, or filling of land.
A plan prepared by a state registered professional engineer that shows the method, control and implementation of erosion measures, storm runoff and/or grading of lands for the construction of improvements and shall be in compliance with the Village Zoning Ordinance.[2]
An area having special flood, mudslide or mudflow, or flood-related erosion hazards, and which area is shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, VO, V1-30, VE, V, M, or E.
A special taxing district that serves as a backup for the property owners' association to provide for the care, maintenance, renewal and replacement of stormwater drainage facilities in the event that the property owners' association defaults in its responsibilities.
A specific use of land or building or both, subject to special provisions and that because of its unique characteristics cannot be properly classified as a permitted use under the Village Zoning Ordinance.[3]
Consists of all land areas with a grade at or exceeding 25%.
A man-made depression in the ground where runoff water is collected and stored to allow suspended solids to settle out.
All ditches, channels, conduits, bridges, culverts, levees, ponds, natural and man-made impoundments, wetlands, riparian environment, tile, swales, sewers, or other natural or artificial structures or measures which serve as a means of draining surface and subsurface water from land.
A plan for stormwater discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution.
A body of running water flowing continuously or intermittently in a channel on or below the surface of the ground. 7.5 minute topographic maps of the U.S. Geological Survey and the Village's Comprehensive Plan are two references for identifying perennial and intermittent streams. For purposes of § 138-6, the term "stream" does not include storm sewers.
The stabilization and protection of eroding stream banks with selected vegetation.
An area that primarily serves or is intended to serve as a vehicular and pedestrian access for the public to abutting land or to other streets. The word "street" refers to the width of the street right-of-way or easement, and will not be considered as the width of the roadway or paving or other improvement on the street right-of-way. The term "street" includes the following commonly used terms "avenue," "road," "drive," "circle," "lane," "boulevard" or "way."
An area that primarily serves or is intended to serve as a vehicular and pedestrian access to abutting land or to other streets that is not and will not be dedicated to public use and that is owned and maintained by the property owners who use it.
Any activity which removes the vegetative surface cover, including tree removal, clearing, and storage or removal of topsoil.
The results of a built change to the land constructed on or below the ground, including the construction, reconstruction or placement of a building or any addition to a building; installing a manufactured home on a site; preparing a site for a manufactured home or installing a travel trailer on a site for more than 180 days unless they are fully licensed and ready for highway use.
Same as "developer." The owner, or any other person, firm or corporation, authorized by the owner, undertaking proceedings under the provisions of these regulations for the purpose of subdividing land.
The division of a parcel of land into two or more parts, any one of which is less than five acres for the purpose of transfer of ownership or possession, or building development, or any division of land where new easement of access or a new street is created. The term also includes any division of land that attempts to avoid the requirements of this chapter. Where appropriate to the content, the term shall relate to the process of both subdivision and the development of land, to the land subdivided and/or developed, and shall include a resubdivision. The following shall not be considered a subdivision and shall be exempt from the requirements of this chapter, except as provided by § 138-6:
A division of land which may be ordered or approved by a court or affected by testamentary or intestate provisions;
Conveyances of land or interest therein for use as right-of-way for railroad or other public utility facilities and other pipelines which do not involve any new streets or easements of access;
The sale or exchange of parcels of land between owners of adjoining and contiguous land if additional lots are not thereby created, and the land from which the parcel is sold or exchanged is not reduced below the minimum size required by this chapter or other applicable law or ordinance;
The division of land into tracts or parcels of five acres or more in size which does not involve any new streets or easements of access;
The sale is of a single lot of less than five acres from a larger tract, the dimensions and configurations of the larger tract having been determined on October 1, 1973, and no sale prior to this sale of any lot or lots from the larger tract have taken place since October 1, 1973, and a survey of the single lot has been made by a registered land surveyor;
A conveyance made to correct errors in prior conveyances;
The conveyance of land for highway or other public purposes or grants or conveyances relating to the dedication of land for public use or instruments relating to the vacation of land impressed with public use;
The conveyance of land owned by railroad or other public utility which does not involve any new streets or easements of access; and
The division of lots or blocks of less than one acre in any recorded subdivision which does not involve any new streets or easements of access.
For purposes of § 138-6, a "subdivision" is any housing development that is created by dividing a tract of land into individual lots for sale or lease.
A building is considered substantially damaged when it sustains damage from any cause (fire, flood, earthquake, etc.), whereby the cost of fully restoring the structure would equal or exceed 50% of the predamage market value of the structure, regardless of the actual repair work performed.
For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
The removal of excess soil water to control water table levels at predetermined elevations for structural, environmental or other reasons in areas already developed or being developed for agricultural, residential, industrial, commercial, or recreational uses.
Water beneath the ground or pavement surface, sometimes referred to as "groundwater" or "soil water."
A subdrainage area within a watershed.
A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion, or other site feature.
The soil loss tolerance. It is defined as the maximum amount of erosion at which the quality of a soil as a medium for plant growth can be maintained. Erosion losses are estimated by the Universal Soil Loss Equation (USLE) and Revised Universal Soil Loss Equation (RUSLE).
The water surface elevation at the downstream side of a hydraulic structure.
Graphic representation of the surface features of a place or region on a map, indicating their relative positions and elevations.
A way designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles.
A way designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles designated as private on the plat of subdivision.
A way designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles designated as public on the plat of subdivision.
Reaches of the stream or floodway where water flows from a narrow cross section to a wide cross section or vice versa.
A large, woody plant having one of several self-supporting stems or trunks and numerous branches. May be classified as deciduous or evergreen.
The diameter of a significant tree measured in inches.
A person who is a licensed or certified arborist, horticulturalist, landscape architect or restoration ecologist and who has a minimum of two years' practice in the fields of arboriculture, horticulture or restoration ecology.
The area upstream of a specified point, including all overland flow that directly or indirectly connects downslope to the specified point.
An area at the closed end of a dead-end street or cul-de-sac within which vehicles may reverse their direction without any backing up.
Assemblages of natural low-level woody, herbaceous and ground cover species that exist in the area below the canopy of the trees.
Areas upstream of a given tributary area for which detention is not provided.
All plant growth, especially trees, shrubs, mosses, and grasses.
The Village of Homer Glen or its designee for enforcement of this article.
The person or firm designated by the President or the Village Manager to be the Village Forester.
A document that includes BMP practices of which the Village encourages use. This document does not warrant nor guarantee the effectiveness of the BMP, is not to be considered as exclusive, and may be updated from time to time.
A study, evaluation, permits, construction plan and maintenance plan for an individual parcel's stormwater management, floodplain management, erosion control, groundwater recharge, wetland preservation, water quality and flood control.
The system including, but not limited to, storm sewers, subsurface drains, inlets, catch basins, manholes, stormwater management facilities, floodplain management facilities, permanent erosion control, groundwater recharge facilities, wetlands, water quality facilities and flood control facilities that function in combination to control the direction, volume, rate, and quality of surface and subsurface drainage within, into, and away from a development.
The upper limit of a free water surface in a saturated soil or underlying material.
Any river, stream, creek, brook, branch, natural or artificial depression, ponded area, slough, gulch, draw, ditch, channel, conduit, culvert, swale, grass waterway, gully, ravine, wash, or natural or man-made drainageway, which has a definite channel, bed and banks, in or into which stormwater runoff and floodwater flow either regularly or intermittently.
As defined by the United States Army Corps of Engineers in its Federal Methodology for the Regulation of Wetlands. For purposes of § 138-6, waters of the United States include wetlands, lakes, rivers, streams, creeks, bogs, fens, and ponds. Waters of the United States do not include maintained stormwater facilities.
All land area drained by, or contributing water to, the same stream, lake, stormwater facility, or draining to a point.
See "net watershed benefit."
Includes land use, physiology, habitat, climate, drainage system and community profile.
A study and evaluation of an individual drainage basin's stormwater management, floodplain management, water quality and flood control needs and capabilities.
As defined in current federal methodology recognized by the United States Army Corps of Engineers.
Determined using Floristic Quality Index (FQI) and mean coefficient of conservatism (C'). Wetlands with a FQI less than 10 and C less than 2.0 are considered low-quality wetlands. Wetlands with a FQI greater or equal to 20 and C greater than 3.5 are considered high-quality wetlands.
A wetland that is subject to development restrictions imposed by any government agency, including the Village of Homer Glen. Wetlands regulated by the Village of Homer Glen are those that meet the definition of a "high-quality aquatic resource."
C.
Transitional provisions.
(1)
Applications submitted before the effective date. Complete applications that are pending approval before the effective date must be reviewed and approved in accordance with the chapter in effect immediately before the effective date. Incomplete applications filed before the effective date will not be reviewed until they are complete. Once complete, the application must be reviewed and approved in accordance with the subdivision regulations in effect at the time that the application is deemed complete.
(2)
Final plats approved before the effective date. Any development for which a final plat was approved before the effective date may be completed in conformance with the approved final plat and other applicable permits and conditions applicable at the time the original final plat was approved, even if the development does not fully comply with provisions of this chapter. If construction is not commenced and diligently pursued within the time allowed under the original final plat approval or any extension granted, then the development must be constructed, completed and occupied only in accordance with the standards of this chapter.
(3)
Violations continue. Any violation of the previous chapter will continue to be a violation under this chapter and be subject to penalties and enforcement. If the use, development, construction or other activity that was a violation under the previous ordinance complies with the express terms of this chapter, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date specified in § 138-1A(2), Effective date. The adoption of this chapter does not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous ordinance that occurred before the effective date specified in § 138-1A(2), Effective date.
(4)
Applications submitted on or after the effective date. All development applications completed on or after the effective date must be reviewed under the terms of this chapter.
