Village of Homer Glen, IL Land Use and Site Development

Editor's Note: This ordinance repealed former Ch. 138, comprised of Art. I, Subdivision of Land; Art. II, Dedication of Land for Park and Recreation Purposes, adopted 12-4-2001 by Ord. No. 01-085, amended in its entirety 3-28-2005 by Ord. No. 06-017, as subsequently amended; Art. III, Underground Installation of Utilities, adopted 6-12-2007 by Ord. No. 07-032; Art. IV, Parks and Trails, adopted 6-26-2012 by Ord. No. 12-032, as amended (readopted as Ch. 92, Art. V); and Art. V, Maintenance and Use of Public Rights-of-Way, adopted 1-11-2017 by Ord. No. 17-002 (readopted as Ch. 92, Art. VI).

Article I Subdivision of Land

§ 138-1 General provisions and definitions.

§ 138-2 Land development review procedures and fees.

§ 138-3 Development standards.

§ 138-4 Land dedications, contributions in lieu, and impact fees.

§ 138-5 Environmental conservation and tree preservation.

§ 138-6 Stormwater management.

§ 138-7 Easements and utilities.

§ 138-8 Water and sanitary sewers.

§ 138-9 Addendum.

Article I Subdivision of Land

§ 138-1 General provisions and definitions.

General provisions.

Title. This document shall be known and may be cited as the "Subdivision and Site Development Code of the Village of Homer Glen."

Effective date. This chapter shall be in full force and effect as provided by law.

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.

Purposes. The following regulations are adopted:

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.

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.

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.

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.

Minimum requirements.

The provisions of this chapter are the minimum requirements deemed necessary to carry out the chapter's stated purpose and intent.

In addition to the requirements of the chapter, all uses and development must comply with all other applicable municipal, county, state and federal regulations.

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.

Minimum standards. The regulations and standards of this chapter are to be considered the minimum requirements for subdivisions and subdivision improvements.

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.

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.

Official Comprehensive Plan component. This chapter shall be a part of the official Comprehensive Plan of the Village.

Definitions.

Meanings and purpose. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Tenses and usage.

Words used in the singular include the plural. The reverse is also true.

Words used in the present tense include the future tense. The reverse is also true.

The words "must," "will," "shall" and "may not" are mandatory.

The word "may" is permissive, and "should" is advisory, not mandatory or required.

When used with numbers, "up to X", "not more than X" and "a maximum of X" all include X.

Conjunctions. Unless the context otherwise clearly indicates, conjunctions have the following meanings.

AND: indicates that all connected items or provisions apply.

OR: indicates that the connected items or provisions may apply singularly or in combination.

Fractions. The following rules apply to fractional numbers unless otherwise expressly stated.

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.

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.

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.

References to other regulations.

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.

These references do not imply any responsibility by the Village for enforcement of county, state or federal regulations.

Current versions and citations.

All references to regulations, plans and studies refer to the most current version and citation for those regulations, unless otherwise expressly stated.

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.

Lists and examples.

Unless otherwise expressly indicated, lists of items or examples that use "including," "such as" or similar terms are intended to provide examples only.

They are not to be construed as exhaustive lists of all possibilities.

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.

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.

AGRICULTURAL SUBSURFACE DRAINAGE

Definitions. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

ACCESSORY STRUCTURE

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.

ADMINISTRATIVE VIOLATION

An administrative violation of § 138-6 occurs when rules and procedures regarding permit applications and permits are not followed.

AGGRIEVED PARTY

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.).

APPLICANT

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.

APPROPRIATE ENGINEERING PRACTICE

Procedures, methods, or materials recommended in standard engineering textbooks or references as suitable for the intended purpose.

APPROPRIATE USE

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.

ARMORING

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.

BASE FLOOD

The flood having a one-percent probability of being equaled or exceeded in a given year.

BASE FLOOD ELEVATION (BFE)

The highest water surface elevation that can be expected during the base flood.

BASIN TRAP

A structure or area that allows for the temporary deposit and removal or disposal of sediment materials from stormwater runoff.

BEDROOM

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.

BERM

An earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise.

BEST MANAGEMENT PRACTICES (BMP)

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.

BIOINFILTRATION

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.

BLOCK

A tract of land bounded by streets, or by a combination of streets, railway rights-of-way, waterways, or limits of subdivision.

BOARD

The Village of Homer Glen Board of Trustees.

BUFFER

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.

BUILDING

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.

CHANNEL MODIFICATION or CHANNELIZATION

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.

BUILDING PERMIT

A permit issued by the Village for the construction, erection, or alteration of a structure or building.

BUILDING SETBACK LINE

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.

BULKHEAD

A retaining wall that protects property along water.

BULLETIN 70

Frequency Distributions and Hydroclimatic Characteristics of Heavy Rainstorms in Illinois by Floyd Huff and James Angel of the Illinois State Water Survey (1989).

BYPASS FLOWS

Stormwater runoff or groundwater from upstream properties tributary to a property's drainage system but not under its control.

CERTIFY or CERTIFICATION

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.

CHANNEL

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).

CHANNEL RELOCATION

A severe form of channel modification involving a significant change in the channel cross section and relocation of the existing channel (e.g., straightening).

CLEARING

Any activity which removes vegetative ground cover.

COMMERCIAL

Sale of goods to the public at large where the traffic generated warrants construction of site improvements.

COMMON OPEN SPACE

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.

COMPENSATORY STORAGE

An excavated, hydrologically and hydraulically equivalent volume of storage created to offset the loss of existing flood storage.

COMPREHENSIVE PLAN

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.

CONDITIONAL APPROVAL OF A DESIGNATED FLOODWAY MAP CHANGE

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.

CONDITIONAL LETTER OF MAP REVISION (CLOMR)

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.

CONSERVATION EASEMENT

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.

DESIGN STANDARDS or DESIGN REQUIREMENTS

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).

CONSERVATION PLANNING

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.

CONSTRUCTION SCHEDULE

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.

CONTROL STRUCTURE

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.

CRITICAL DURATION

The duration of a storm event that results in the greatest peak runoff.

CRITICAL ROOT ZONE

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.

CROSS SECTION

A section formed by a plane cutting through an object, usually at right angles to an axis.

CUBIC YARDS

The amount of material in excavation and/or fill measured by the method of "average end areas."

CUL-DE-SAC

A street having one open end and being permanently terminated at the other end by a vehicle turnaround.

CULVERT/CULVERT CROSSING

A structure designed to carry drainage water or small streams below barriers such as roads, driveways, or railway embankments.

DAM

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).

DEAD END

Having only one outlet.

DECIDUOUS

A plant with foliage that is shed annually.

DEED RESTRICTION

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).

DELINEATION

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.)

DENSITY, GROSS

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.

DEPRESSIONAL AREA

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.

DEPRESSIONAL 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.

DESIGN RUNOFF EVENT

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.

DESIGNATED FLOODWAY

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.

DESIGNATED NATURAL AREAS

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.

DETENTION BASIN

A constructed structure for the temporary storage of stormwater runoff with a controlled release rate.

DEVELOPER

Same as "subdivider."

DEVELOPMENT

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:

Garden sheds.

EFFECTIVE INFILTRATION AREA

Landscaping or planters.

Fences.

Gazebos.

Swimming pools.

Patios or decks.

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.

DISTRICT

See "Lowland Conservancy Overlay District."

DISTURB

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.

DISTURBANCE 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.

DRAINAGE AREA

The land area above a given point that may contribute runoff flow at that point from rainfall.

DRAINAGE EASEMENT

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.

DRAINAGE FACILITIES

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.

DRIPLINE

An imaginary vertical line from the outermost branch tips of a tree down to the ground.

DRIVEWAY

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.

EASEMENT

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.

EFFECTIVE DATE

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.

ELEVATION CERTIFICATE

A form published by FEMA that is used to certify the elevation to which a building has been elevated.

EMERGENCY OVERLAND FLOW

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.

EMERGENCY WARNING SIRENS

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.

ENHANCEMENT

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.

ENVIRONMENTALLY SENSITIVE

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.

EROSION

The general process whereby soils are moved by flowing water or wave action.

EVAPOTRANSPIRATION

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.

EVERGREEN

A plant with foliage that persists and remains green year-round.

EXCAVATION

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.

EXEMPT ORGANIZATION

Organizations which are exempt from § 138-6 according to the Illinois Compiled Statutes (ILCS), including state, federal, or local units of government.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

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.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

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).

FEMA

The Federal Emergency Management Agency and its regulations at 44 CFR 59 through 44 CFR 79, effective as of September 29, 1989. This incorporation does not include any later editions or amendments.

FILL

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.

FILTER BARRIER

A structure composed of burlap or standard-weight synthetic filter fabric stapled to wooden stakes.

FILTER STRIP or VEGETATED FILTER STRIP

A strip or area of herbaceous vegetation that removes contaminants from overland flow for the purposes of:

Reducing suspended solids and associated contaminants in runoff.

Reducing dissolved contaminants in runoff.

FINAL ACCEPTANCE OF THE SUBDIVISION

The flow length through a filter strip shall be not less than 30 feet.

FILTERED VIEW

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.

FINISHED GRADE

The vertical location of the ground or pavement surface after the grading work is completed in accordance with the site development plan.

FLOOD

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.

FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)

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.

FLOOD FREQUENCY

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.

FLOOD FRINGE

That portion of the floodplain outside of the designated floodway.

FLOOD HAZARD BOUNDARY MAP (FHBM)

A map issued by FEMA that is an official community map, which depicts generalized areas of floodplains, replaced by a detailed Flood Insurance Study.

FLOOD INSURANCE RATE MAP (FIRM)

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]

FLOOD INSURANCE STUDY (FIS)

An examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

[Amended 2-13-2019 by Ord. No. 19-005]

FLOOD PROTECTION ELEVATION (FPE)

A point two feet above the water surface elevation of the one-hundred-year recurrence interval flood.

FLOODPLAIN or SPECIAL FLOOD HAZARD AREA (SFHA)

[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.

FLOODPROOFING CERTIFICATE

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.

FLOODPLAIN

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).

FLOODPROOFING

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.

FLOODWAY

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.

FLOODWAY or DESIGNATED FLOODWAY

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.

FLORISTIC QUALITY ASSESSMENT (FQA)

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.

FLORISTIC QUALITY INDEX (FQI)

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

FOREBAY

A small reservoir at the inlet of a detention facility designed to facilitate sediment removal.

FORESTED AREA

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.

FREEBOARD

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.

FRONTAGE

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.

FRONTAGE

FRONTAGE ROAD

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.

FRONTAGE, LOT

The portion of the frontage that lies between the side lot lines of a single lot.

FUNCTIONAL

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.

GOOD HUSBANDRY

Generally accepted agricultural practices found in good farm management.

GRADING

Excavation or fill or any combination thereof and shall include the conditions resulting from any excavation or fill.

GROUNDWATER

Water that is located within soil or rock below the surface of the earth; same as subsurface water.

GROUNDWATER CONTROL SYSTEM

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.

HALF STREET

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.

HEDGE

A landscaped barrier consisting of a continuous, dense planting of shrubs.

HIGH WATER LEVEL (BLOCKED RESTRICTOR)

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.

HIGH WATER LEVEL (DESIGN)

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.

HIGH-QUALITY AQUATIC RESOURCE

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.

HIGH-QUALITY NATURAL AREA

HISTORIC STRUCTURE

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.

HYDRAULIC CHARACTERISTICS

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.

HYDRAULICALLY CONNECTED IMPERVIOUS AREA

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.

HYDRAULICALLY EQUIVALENT COMPENSATORY STORAGE

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.

HYDRAULICS

The science and study of the mechanical behavior of water in physical systems and processes.

HYDRIC SOILS

Soils that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part.

HYDROLOGICAL AND HYDRAULIC CALCULATIONS

Engineering analyses that determine expected flood flows and flood elevations based on land characteristics and rainfall events.

HYDROLOGICALLY DISTURBED

An area where the land surface has been cleared, grubbed, compacted, or otherwise modified that changes runoff, volumes, rates, or direction.

HYDROLOGY

The science of the behavior of water, including its dynamics, composition, and distribution in the atmosphere, on the surface of the earth, and underground.

IDNR-OWR

The Illinois Department of Natural Resources, Office of Water Resources.

ILLINOIS BIG TREE CHAMPIONS LIST

A listing of trees of historical, ecological or cultural value published by the Department of Natural Resources.

IMPERVIOUS

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.

IMPROVED ACRE

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.

IMPROVEMENTS

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.

INFILTRATION DEVICE

A system that collects rainwater that falls on a site, stores it temporarily, and then releases it into the ground.

INFILTRATION VOLUME

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.

INSTITUTIONAL DEVELOPMENT

A public or private, profit or nonprofit use designated to advance the knowledge or application of educational, religious, health, cultural or other similar objectives.

INTERMITTENT STREAM

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.

ISOLATED WATERS

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.

LAKE

A natural or artificial body of water encompassing an area of two or more acres, which retains water throughout the year.

LAND CLEARING

The process of removing trees, stumps, brush, stones and other obstacles from an area as required to obtain a constructible plot of land.

LANDSCAPING

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).

LETTER OF MAP AMENDMENT (LOMA)

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 OF MAP REVISION (LOMR)

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.

LOT

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

LOWLAND CONSERVANCY OVERLAY DISTRICT

For purposes of § 138-6, a platted parcel of land intended to be separately owned, developed and otherwise used as a unit.

LOT DEPTH

The distance between the midpoint of the front lot line and the midpoint of the rear lot line.

LOT LINE

A property boundary line of a lot.

LOT WIDTH

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.

LOT, DOUBLE-FRONTAGE

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.

As further defined in § 138-6M(4), Lowland Conservancy Overlay District, an overlay to the zoning districts created by Chapter 220, Zoning, of the Village Code, as amended.

MAINTENANCE AGREEMENT

An agreement guaranteeing that the applicant and all future owners of the property will maintain its stormwater drainage system.

MAJOR DRAINAGE SYSTEM

That portion of a stormwater facility needed to store and convey flows beyond the capacity of the minor stormwater system.

MANUFACTURED HOME

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.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MASS GRADING

Development in which the primary activity is a change in topography affected by the movement of earth materials.

MINOR DRAINAGE SYSTEM

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.

MINOR SUBDIVISION

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.

MINOR WAIVER OR MODIFICATION

A request to deviate from any of the subdivision application submittal requirements of this chapter.

MITIGATION

Measures taken to offset negative impacts from development in wetlands or the floodplain.

MULCH

Nonliving organic and synthetic materials customarily used in landscape design to retard erosion and retain moisture.

NATIONAL FLOOD INSURANCE PROGRAM (NFIP)

A federal program whose requirements are codified in Title 44 of the Code of Federal Regulations.

NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD)

Reference surface set by the National Geodetic Survey deduced from a continental adjustment of all existing adjustments in 1929.

NATURAL

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.

NATURAL PRESERVE

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.

NET BENEFIT IN WATER QUALITY

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.

NET WATERSHED BENEFIT

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.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

NONRIVERINE

Areas not associated with a stream or river, such as isolated depressional storage areas, ponds and lakes.

NORMAL WATER LEVEL

The static water surface elevation of a pond, lake or other major drainage facility that occurs between rain events.

NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 88)

The accepted standard orthometric datum, referenced to the single control point at Father Point, Quebec, Canada.

NRCS

The United States Department of Agriculture, Natural Resources Conservation Service.

OBSERVATION STRUCTURES

Structures built on a field tile where the pipe inflow and outflow are visible upon removal of a lid.

ON-STREAM DETENTION

Temporary storage of runoff within a principal drainage system, such as in the receiving streams.

ON-STREAM IMPOUNDMENT

A reservoir that is filled by the river or stream flowing through it.

OPEN CHANNEL

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.

OPEN SPACE

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.

ORDINARY HIGH WATER MARK (OHWM)

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.

OPEN SPACE (PRIVATE)

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.

OPEN SPACE (PUBLIC)

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.

ORNAMENTAL TREE

A deciduous tree planted primarily for its ornamental value or for screening purposes; tends to be smaller at maturity than a shade tree.

OUTLOT

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.

OVERLAND FLOW PATH

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.

PARCEL

A lot, tract or any other piece of land.

PRESEDIMENTATION BASIN (FOREBAY, SEDIMENTATION BASIN, SILTATION BASIN, STILLING BASIN)

For purposes of § 138-6, all contiguous land under one ownership.

PATHWAY

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.

PAVILION

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.

PERENNIAL STREAMS

Riverine watercourses whose thalweg generally intersects the groundwater table elevation and flows throughout the year.

PERMITTEE

For purposes of § 138-6, any person to whom a site development permit is issued.

PLANNED DEVELOPMENT

A tract of land developed under the planned development procedure of the Village Zoning Ordinance (Chapter 220, Art. IX).

PLAT

A subdivision as it is represented as a formal document by drawing and writing.

PLUGGED INLET EVENT

The scenario where all storm sewer inlets are completely blocked and stormwater drainage can only be conveyed through an overland flow path.

POND

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.

PRIMARY GRAVITY OUTLET

The outlet structure designed to meet the release rate requirements of § 138-6.

PRIOR CONVERTED WETLANDS

Wetlands which were converted to nonwetland uses such as cultivation or pasture prior to the current understanding of the importance of wetlands.

PROFESSIONAL ENGINEER or REGISTERED PROFESSIONAL ENGINEER

An engineer registered in the State of Illinois under the Illinois Professional Engineering Practice Act (225 ILCS 325/1 et seq.), as amended.

PROFESSIONAL LAND SURVEYOR

A land surveyor registered in the State of Illinois under the Illinois Land Surveyor Act (225 ILCS 330/1 et seq.), as amended.

PROPERTY

Contiguous land under single ownership or control.

PROPERTY OWNERS' ASSOCIATION (HOMEOWNERS' ASSOCIATION or HOA)

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.

PROTECTED TREE

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]

PROTECTED WETLAND

Any wetland protected by federal, state or local government laws or regulations.

PUBLIC BODIES OF WATER

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.

PUBLIC FLOOD CONTROL PROJECT

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.

PUBLIC FLOOD EASEMENT

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.

QUALIFIED PROFESSIONAL

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.

RECORD DRAWINGS

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.

RECREATIONAL VEHICLE or TRAVEL TRAILER

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

REGISTERED STRUCTURAL ENGINEER

Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use.

REGIONAL DETENTION BASIN

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.

REGULATORY FLOODPLAIN

The floodplain as depicted on maps recognized by FEMA as defining the limits of the SFHA.

REGULATORY FLOODWAY

Those portions of the floodplain depicted on maps as floodway and recognized by the IDNR-OWR for regulatory purposes.

REMOVAL

Cutting vegetation to the ground or stumps, complete extraction, or killing by spraying.

REPAIR, REMODELING, or MAINTENANCE

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.

RESIDENTIAL DEVELOPMENT

A parcel that is divided into lots with single-family or multifamily structures constructed on each piece of subdivided land.

RETENTION FACILITY

A retention facility stores stormwater runoff without a gravity release.

RIVERINE (SFHA)

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.

RUNOFF

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.

SCHOOL FACILITY COSTS

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.

SCHOOL LAND ACQUISITION COSTS

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

SEASONAL HIGH GROUNDWATER TABLE

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.

SCREENING

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.

SEDIMENT BASIN

A structure or area that allows for the temporary deposit and removal or disposal of sediment materials from stormwater runoff.

SEDIMENTATION

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.

SEEPAGE

The movement of drainable water through soil and rock.

SETBACK

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.

SHADE TREE

Usually a deciduous tree, rarely an evergreen, planted primarily for its high crown of foliage or overhead canopy.

SHORT-CIRCUITING

The rapid flow of incoming water through the center of the pond directly to the outlet.

SHRUB

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.

SIGNIFICANT TREE

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.

SILT FENCE

A temporary sediment barrier consisting of a filter fabric stretched across and attached to supporting posts and entrenched.

SITE

A lot or parcel of land, or a contiguous combination thereof, where grading work is performed as a single unified operation.

SITE DEVELOPMENT

Altering terrain and/or vegetation and construction improvements.

SITE DEVELOPMENT PERMIT

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.

SITE DEVELOPMENT PLAN FOR PERMIT

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]

SPECIAL FLOOD HAZARD AREA (SFHA)

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.

SPECIAL SERVICE AREA

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.

SPECIAL USE

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]

STEEP SLOPE

Consists of all land areas with a grade at or exceeding 25%.

STILLING/SEDIMENTATION BASIN

A man-made depression in the ground where runoff water is collected and stored to allow suspended solids to settle out.

STORMWATER FACILITY

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.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

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.

STREAM

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.

STREAM BANK STABILIZATION

The stabilization and protection of eroding stream banks with selected vegetation.

STREET

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."

STREET, PRIVATE

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.

STRIPPING

Any activity which removes the vegetative surface cover, including tree removal, clearing, and storage or removal of topsoil.

STRUCTURE

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.

SUBDIVIDER

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.

SUBDIVISION

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.

SUBSTANTIAL DAMAGE

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.

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:

Before the improvement or repair is started; or

If the structure has been damaged and is being restored, before the damage occurred.

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

VILLAGE OF HOMER GLEN WATER RESOURCE BMP GUIDELINES

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

SUBSURFACE DRAINAGE

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.

SUBSURFACE WATER

Water beneath the ground or pavement surface, sometimes referred to as "groundwater" or "soil water."

SUBWATERSHED

A subdrainage area within a watershed.

SWALE or DRAINAGE SWALE

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.

T FACTOR

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).

TAIL WATER

The water surface elevation at the downstream side of a hydraulic structure.

TOPOGRAPHY

Graphic representation of the surface features of a place or region on a map, indicating their relative positions and elevations.

TRAIL

A way designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles.

TRAIL (PRIVATE)

A way designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles designated as private on the plat of subdivision.

TRAIL (PUBLIC)

A way designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles designated as public on the plat of subdivision.

TRANSITION SECTION

Reaches of the stream or floodway where water flows from a narrow cross section to a wide cross section or vice versa.

TREE

A large, woody plant having one of several self-supporting stems or trunks and numerous branches. May be classified as deciduous or evergreen.

TREE INCHES

The diameter of a significant tree measured in inches.

TREE PROFESSIONAL

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.

TRIBUTARY AREA

The area upstream of a specified point, including all overland flow that directly or indirectly connects downslope to the specified point.

TURNAROUND

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.

UNDERSTORY

Assemblages of natural low-level woody, herbaceous and ground cover species that exist in the area below the canopy of the trees.

UPSTREAM TRIBUTARY AREA

Areas upstream of a given tributary area for which detention is not provided.

VEGETATION

All plant growth, especially trees, shrubs, mosses, and grasses.

VILLAGE

The Village of Homer Glen or its designee for enforcement of this article.

VILLAGE FORESTER

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.

WATER RESOURCE MANAGEMENT PLAN

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.

WATER RESOURCE MANAGEMENT SYSTEM

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.

WATER TABLE

The upper limit of a free water surface in a saturated soil or underlying material.

WATERCOURSE

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.

WATERS OF THE UNITED STATES

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.

WATERSHED

All land area drained by, or contributing water to, the same stream, lake, stormwater facility, or draining to a point.

WATERSHED BENEFIT

See "net watershed benefit."

WATERSHED CHARACTERISTICS

Includes land use, physiology, habitat, climate, drainage system and community profile.

WATERSHED PLAN

A study and evaluation of an individual drainage basin's stormwater management, floodplain management, water quality and flood control needs and capabilities.

WETLAND

As defined in current federal methodology recognized by the United States Army Corps of Engineers.

WETLAND QUALITY

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.

WETLAND, REGULATED

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."

Editor's Note: See Ch. 220, Zoning.

Editor's Note: See Ch. 220, Zoning.

Editor's Note: See Ch. 220, Zoning.

Transitional provisions.

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.

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.

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.

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.

§ 138-2 Land development review procedures and fees.

Overview of subdivision approval process.

Exempt land divisions. Land divisions that are exempt from subdivision plat approval requirements are specified in the Plat Act and in the definition of the term "subdivision" in § 138-1, General provisions and definitions.

Minor subdivisions.

Applicability. All of the following may be reviewed and approved as minor subdivisions:

Subdivisions that involve the creation of five or fewer lots provided that:

They do not involve the creation of any new streets;

They do not require the extension of municipal facilities;

They do not adversely affect development of the remainder of the parcel or abutting property;

They do not conflict with the Village's Comprehensive Plan or any of its functional elements; and

They do not conflict with the Village Zoning Ordinance,[1] chapter or Official Map.

Editor's Note: See Ch. 220, Zoning.

The consolidation of lots or parcels into a fewer number of lots or parcels.

Procedural overview.

Major subdivisions.

Applicability. Any subdivision that does not meet the criteria for processing as a minor subdivision is a major subdivision and must be processed in accordance with the major subdivision procedures of this chapter.

Procedural overview. A major subdivision is reviewed and approved as follows:

First, a preapplication meeting with appropriate reviewers (e.g., utility providers, municipalities within 1 1/2 miles of the proposed subdivision, Village staff and other affected entities) must be held in accordance with § 138-2C, (Preapplication Meetings: Intent through Preapplication Meeting).

Next, a preliminary plat must be submitted for review by Village Staff, possible recommendation by the Plan Commission, and possible approval by the Village Board in accordance with § 138-2D (Preliminary Plats: Intent through Lapse of Approval).

Next, if the preliminary plat is approved, improvement plans must be reviewed and approved by the Development Services Director in accordance with § 138-2E (Improvement Plans: Intent through Digital Files).

If the preliminary plat is approved, the applicant may then apply for approval of a final plat to the Village Board (consisting of engineering improvement plans, subdivision financial guarantees and a plat of subdivision) in accordance with § 138-2F (Final Plats: Intent through Digital Files).

Common provisions.

Form of application.

Applications required under this chapter must be submitted in a form and in a number as required by the official responsible for accepting the application.

Officials responsible for accepting applications may develop checklists of application submittal requirements and make those checklists available to the public.

Application filing fees. Applications must be accompanied by the fee amount that has been established by the Village Board. Application fees are nonrefundable.

Application completeness, accuracy and sufficiency.

An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information and is accompanied by the required filing fee.

The official responsible for accepting the application will make a determination of application completeness within 10 working days of application filing.

If an application is determined to be incomplete, the official responsible for accepting the application shall provide notice to the applicant along with an explanation of the application's deficiencies. No further processing of the application will occur until the deficiencies are corrected. If the deficiencies are not corrected by the applicant within 60 days, the application will be considered withdrawn.

No further processing of incomplete applications will occur and incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next processing cycle.

Applications deemed complete will be considered to be in the processing cycle and will be reviewed by staff and other review and decisionmaking bodies in accordance with applicable review and approval procedures of this chapter.

The Village may require that applications or plans be revised before being placed on an agenda if the Development Services Director determines that:

The application or plan contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with chapter standards;

The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with chapter standards; or

The decisionmaking body does not have legal authority to approve the application or plan.

Burden of proof or persuasion. In all cases, the burden is on the applicant to show that an application complies with applicable review or approval criteria.

Conditions of approval. When review bodies recommend or decisionmaking bodies approve applications with conditions or modifications, the conditions or modifications must relate to a situation created or aggravated by the proposed use or development. When conditions are imposed, an application will not be deemed finally approved until the applicant has complied with all of the conditions.

Preapplication meetings.

Purpose. Preapplication meetings are required for all minor subdivisions and major subdivisions. A preapplication meeting is intended to familiarize the applicant with applicable procedures, submittal requirements, development standards and other pertinent matters before finalizing the development proposal or otherwise spending large sums of money in laying out the proposed subdivision.

Application filing. Preapplication meeting applications must be submitted to the Village on forms available from the Village's website.

Application requirements. The following information and documentation shall be required for the preapplication meeting: a complete application; a plat of survey or Tax Map; and a sketch plan.

Application. The developer must complete a preapplication, which may be obtained in the Village Planning and Zoning Department office.

Plat of survey. The developer must provide a plat of survey of the subject property, if available, or a Tax Map identifying the subject property.

Sketch plan. The developer must provide a sketch plan that includes the following information:

The proposed means of access;

Surrounding land uses;

All adjacent streets;

A preliminary map and analysis of natural resources present on the subject property and contiguous resource area on adjacent property, including hydric soils (information may be obtained from the Village Planning and Zoning Department); and

A conceptual layout of the proposed subdivision overlaid on the preliminary natural resources map. The layout must show streets, lots, parks and other facilities located to protect natural resources; and the overall stormwater management concept for the project.

Distribution of application; scheduling of meeting. Upon receipt of a complete preapplication, the Village must distribute copies of the application to appropriate reviewers (e.g., Road District Commissioner, utility providers, municipalities within 1 1/2 miles of the proposed subdivision, Village Staff and other affected entities). The Development Services Director must notify all reviewers and the applicant of the date, time and place of the scheduled preapplication meeting.

Preapplication meeting.

Reviewer comments on the preapplication meeting application will be presented to the applicant at the scheduled preapplication meeting. Each reviewer will be given an opportunity to present his or her findings and recommendations on the proposed development concept.

Following the meeting, the Village may provide a report to the applicant containing the written comments of reviewers along with instructions for proceeding with the subdivision process.

Preliminary plats.

Purpose. The preliminary plat approval procedure is intended to ensure that a major subdivision is designed and laid out in accordance with all applicable provisions of this chapter.

Applicability. Preliminary plat applications are required for all major subdivisions.

Preapplication meetings. Preapplication meetings must be held before the filing of a preliminary plat application.

Application filing. Complete preliminary plat applications must be submitted to Village within one year of the preapplication meeting. The application will be considered official when the Village deems the application complete in accordance with § 138-2D(3), Preliminary plats: preapplication meeting.

Responsibility for preparation. Preliminary plats must be prepared by a state registered professional engineer.

Review and report; Village staff. Within 90 days of receipt of an official preliminary plat application, staff must complete their review and prepare a report and recommendation for the Plan Commission. The Village must recommend that the preliminary plat be approved, approved with conditions or disapproved, based on the approval criteria.

Review and recommendations; Plan Commission.

After receiving the recommendation of the Development Services Director, the Plan Commission must review and consider the preliminary plat. A preliminary plat may not be forwarded to the Plan Commission until the Development Services Director has determined that the preliminary plat complies with all Village regulations. If, because of noncompliance or the applicant's inaction, a preliminary plat cannot be forwarded to the Plan Commission within six months of the date that a complete application is filed, the application will be considered withdrawn. The Development Services Director is authorized to grant a one-time extension of the six-month time frame based on a determination that the applicant is diligently pursuing preliminary plat approval.

As soon as possible after a preliminary plat is forwarded to the Plan Commission, the Plan Commission must act by simple majority vote to recommend that the preliminary plat be approved, approved with conditions or disapproved, based on the approval criteria.

Final action.

Any waivers or modifications from chapter standards or Village ordinances must be forwarded to the Village Board for a final decision, in which case the Plan Commission's approval of a preliminary plat is conditional on the Village Board's approval of the associated requests.

Approval criteria. No preliminary plat may be approved unless the Plan Commission finds that the proposed plat conforms to all adopted plans and policies of the Village and complies with all applicable standards of this chapter, except as expressly approved as a waiver or modification pursuant to § 138-2H, Minor/major waivers or modifications.

Effect of approval.

Approval of a preliminary plat constitutes acceptance of the overall general planning concepts for the subdivision and is a prerequisite for the filing of a subdivision improvement plan or final plat.

Upon approval of the preliminary plat, the developer may proceed to the final plat stage with the subdivision design and layout shown on the preliminary plat if the final plat:

Conforms substantially to the preliminary plat;

Meets all conditions of preliminary plat approval by the Village;

Complies with all applicable Village ordinances; and

Meets all conditions of approval by the State Department of Natural Resources (IDNR), United States Army Corps of Engineers and Federal Emergency Management Agency (FEMA) and any other entity with jurisdiction over the proposed subdivision.

After approval of the preliminary plat, the applicant may proceed to the subdivision improvement plan stage of the major subdivision approval process.

Phasing. For subdivisions to be developed in phases, phase limits must be shown on the preliminary plat. The Plan Commission may impose conditions upon the phasing plan for the subdivision it deems necessary to ensure the orderly development of the subdivision.

Lapse of approval. Once a preliminary plat is approved, applicants have one year from the date of approval to submit an improvement plan and final subdivision plat for the subdivision or for an approved phase of the subdivision. If an improvement plan and final plat is not submitted within the required one-year period, the preliminary plat approval will lapse and be of no further effect. The Village Board is authorized to grant an extension. This extension may be granted only if the applicant submits a written request for the extension before the approval lapses.

Plat recording checklist.

Plats must contain all requirements for recording with the Will County Recorder of Deeds, which presently include:

Prepared by names and mailing address.

Document return name and mailing address.

Document standardization compliance.

Recordation by surveyor. Plat must be recorded by the surveyor, or by a specific individual designated in writing by the surveyor to record in his/her stead. Written designation must be on surveyor letterhead with original surveyor signature and surveyor's seal.

Must be on Mylar and prepared in black ink.

One original Mylar prepared in blank ink needed.

Scale must be no less than 1-100.

Legal description(s) and permanent index number(s).

Designation of the North point of the property.

Notarized owner certificate: must be original signatures(s) by owner(s) and notarized; must include owner's current address.

Surveyor certificate:

Signature and seal.

FEMA flood hazard statement or FIRM statement.

Amount of acreage.

Statement whether or not in a municipality or within 1.5 miles of a municipality.

[12]

Public utility easements granted: declaring which utility companies have the right to use the dedicated easements:

Electric.

Phone.

Natural gas.

Cable television.

Access to state roadways and public waterways.

Requires Illinois Department of Transportation (IDOT) signature.

[14]

Access to county roadways.

Requires Will County Highway Commissioner's signature.

[15]

Access to Township-controlled roadways.

Requires Township Highway Commissioner's signature.

[16]

Signatures within 90 days.

County signatures must not be more than 90 days old at the time of recording.

[17]

Notarized school district statement: indicating the public school district(s) in which each tract, parcel, lot or block lies.

[18]

Must Be signed by owner(s) and notarized.

Improvement plans.

Purpose. The improvement plan stage of the major subdivision approval process is for the purpose of accurately showing how subdivision improvements (streets and drainage facilities, for example) will be constructed in order to conform to the layout and design objectives of the preliminary plat and the standards of this chapter.

Timing.

Improvement plans may be submitted with the preliminary plat or the developer may choose to obtain preliminary plat approval before submitting detailed improvement construction plans, in which case improvement plans may be submitted before or concurrently with submittal of the final plat.

When conditions warrant, the Development Services Director may require that preliminary engineering or improvement plans be submitted during the preliminary plat review process in order to determine the land's suitability for the preliminary plat design. Any required off-site improvements and engineering studies must be provided upon request of the Development Services Director.

If only a single portion or phase of the subdivision will be submitted for final plat approval and the phasing plan has been approved at the time of preliminary plat approval, improvement plans need be prepared for only that phase. However, the entire area of the proposed subdivision, as well as any additional area necessary to properly design facilities, must be the basis for design and must be so indicated.

Responsibility for preparation. Improvement plans for streets, utilities and other public improvements required within the proposed subdivision must be prepared by a state registered professional engineer.

Application filing. A site development permit application and improvement plans must be submitted to the Development Services Director.

Review and final decision; development services director.

The Development Services Director must review improvement plans to determine if the plans comply with all applicable regulations of this chapter and Village standards and specifications.

If the Development Services Director determines that the improvement plans do not comply with applicable regulations and standards, the Development Services Director is authorized to require that modifications be made to bring the improvement plans into compliance with regulations and standards.

After conducting a complete review of the improvement plans, the Development Services Director must approve or deny the application for improvement plan approval.

Construction schedule. Before approval of the improvement plans, the applicant should submit to the Development Services Director and to all approving agencies and to public utility companies that will service the subdivision a general schedule of the timing and sequence for construction of all required improvements.

Timing of improvements. Except upon the written approval of the Development Services Director, no grading, removal of trees or other vegetation, land filling, construction of improvements or other material change, except for the purpose of aiding in preparation of final engineering drawings or plans, may begin on the subject property until the applicant has:

Received a site development permit from the Development Services Director; and

Obtained necessary approvals and permits from other affected municipal, county, state or federal agencies.

Subdivision guarantees. Before the issuance of a site development permit, the developer must post a subdivision guarantee as required by the Village.

Development in phases. When a subdivision is to be developed in one or more phases, developers must install public improvements or post financial guarantees for each phase. The Village may require public improvements to be installed or financial guarantees to be posted for areas beyond an individual phase if the Village determines that improvements or guarantees are necessary to ensure the relative self-sufficiency of the development phase, pending completion of the entire subdivision.

Digital files. Upon approval of improvement plans, the developer must submit a digital copy of the subdivision improvement plans in a form approved by the Development Services Director.

Final plats.

Purpose. A final plat is a record of the subdivision, as surveyed in the field. It shows property lines and other dimensions important to the developer in selling lots and to the public in maintaining accurate records of street lines, easements, utility locations and other property information.

Prerequisites to final plat approval. Before approval of a final plat, the developer must post a subdivision guarantee as required by the Village.

Application filing. Complete applications for final plat approval must be filed with Development Services Director before the preliminary plat approval expires.

Review and recommendation; development services director. The Development Services Director must review the final plat and, based on the plat's compliance with the final plat approval criteria, recommend that the final plat be approved, approved with conditions or disapproved.

Review and action; Village Board.

Following the Development Services Director's review of the final plat, required improvement plans, the engineer's estimate of probable improvement costs, required financial guarantees and construction schedule, the Development Services Director must place the final plat on the agenda of the Village Board for review.

The Village Board must review the final plat and, based on the plat's compliance with the final plat approval criteria, act by simple majority vote to approve or disapprove the final plat.

Approval criteria. The Development Services Director must review the final plat to determine if:

It is in substantial conformance with the approved preliminary plat;

It complies with all Village-imposed conditions of approval;

It complies with all applicable Village ordinances;

It complies with all conditions of approval imposed by the State Department of Natural Resources, United States Army Corps of Engineers and Federal Emergency Management Agency and any other applicable agency;

It contains all required signatures and none of the signatures are more than 90 days old;

Water and sewer improvements have been approved by appropriate municipal, state or special district offices, if applicable;

An address map for the subdivision has been approved by the Village in accordance with Village requirements;

The design engineer has identified the location of floodplains, wetlands and other sensitive areas as identified by the Federal Emergency Management Agency, United States Army Corps of Engineers, State Department of Natural Resources, the State Environmental Protection Agency and the Village Planning and Zoning Department and Highway Department and has secured the necessary permits and/or map revisions and has met the requirements of any other federal, state or local agency;

All stormwater management facilities, including stormwater detention basins, storm sewers and floodplains are located in proper drainage easements;

All open space and environmentally sensitive areas to be set aside and preserved as common areas are properly deed restricted or placed in a conservation easement; and

Proof of responsibility for maintenance of all community improvements has been submitted and approved by the Village.

A final plat may not be approved if it does not comply with the criteria of § 138-2F(6)(a) through (k) above or if:

There are more than minor deviations from the approved preliminary plat;

The preliminary plat approval has lapsed; or

A new highway, pipeline or other major feature has directly affected the site.

Notice of disapproval. When a final plat cannot be approved because it does not comply with the final plat approval criteria, written notice of the reasons for disapproval must be provided to the applicant.

Effect of approval.

Approval of a final plat confers upon the developer the right to record the approved plat with the County Recorder of Deeds.

No lot within the subdivision may be sold until the final plat has been approved by the Village Board and the plat has been officially recorded.

Lapse of approval.

The applicant must file the final plat with the Will County Recorder of Deeds within 90 days of approval of the final plat by the Village Board.

Final plats must contain all data requirements for recording by the Will County Recorder of Deeds, and set forth in § 138-2D(13).

If the applicant fails to record the final plat within the required time frame, the final plat approval will lapse and be of no further effect, in which case the final plat approval process should be repeated before recording the plat.

Digital files. Upon final plat approval by the Village Board, the developer must submit a digital copy of the subdivision plat in a form approved by the Development Services Director.

Vacations.

Purpose. This subchapter sets forth the required review and approval procedures for vacating subdivision plats and rights-of-way.

Authority to file vacation application. The following groups and individuals shall have standing to file a vacation application.

The owner of the property that is the subject of a vacation request may file a vacation application.

Property owners adjoining unimproved public street rights-of-way within their subdivision may file for vacation of the right-of-way. For rights-of-way internal to a subdivision, the adjoining property owners on both sides of the right-of-way to be vacated are required to jointly file for the right-of-way vacation. For rights-of-way that form the edge of a subdivision, the adjoining property owners within the subdivision may file for the right-of-way vacation.

A property owners' association may file to vacate any unimproved street right-of-way within its subdivision.

Review and approval process. Except as otherwise expressly stated in this subchapter, applications to vacate a subdivision plat or public right-of-way must be processed in the same manner as final plats.

Review and approval criteria. Vacation requests must comply with the following review and approval criteria, as applicable.

The vacation is generally consistent with the Village Comprehensive Plan.

The right-of-way is not expected to be used in the future or the Village receives conveyance or dedication of substituted easements or rights-of-way appropriate to satisfy the continuing need.

The vacation does not create an irregular right-of-way configuration that could create difficulty in the provision of services or installation of public improvements.

The vacation serves the best interests of the Village by removing maintenance or liability risks.

The public benefits of the vacation request outweigh any adverse impacts of the vacation.

The applicant will relocate, if necessary, any public facilities or utilities located within the right-of-way or easement and grant and/or obtain an easement for relocation of public facilities or utilities.

Liability. As part of a vacation application, the applicant must indemnify and hold the Village harmless for damages resulting to any person as a result of the vacation.

Recordation. If the Village Board approves of a vacation, the Development Services Director must sign the deed of vacation (quit claim deed). The applicant must present the Village Board's approval of the vacation and the deed of vacation for recording with the Will County Recorder of Deeds.

Effect of vacation.

The vacation of any subdivision plat or right-of-way does not constitute a vacation of the rights of any other individual or agency in, or related to, the subdivision plat or right-of-way.

The approval of a vacation does not, for example, vacate the rights of a public utility with facilities in the subject right-of-way.

Waivers and modifications.

Applicability.

Minor waiver or modification. A request to deviate from any of the subdivision application submittal requirements may be classified and processed as a minor waiver or modification. The Development Services Director is authorized to review and approve minor waivers or modifications.

Major waiver or modification.

A request to deviate from any of the subdivision design and improvement standards of this chapter or from any requirement that does not qualify for processing as a minor waiver or modification [see § 138-2H(1)(a) above] is classified as a major waiver or modification.

Only the Village Board is authorized to review and approve major waivers or modifications.

The requirements of the Village Stormwater Management Ordinance[2] may be varied only in accordance with the procedures specified in the Stormwater Management Ordinance.

Editor's Note: See § 138-6.

Minor waivers or modifications.

Application filing. Complete applications for minor waivers or modifications must be submitted to the Development Services Director. At a minimum, the application must include:

A description of the specific requirement or standard to be waived or modified; and

All reasons and justifications for the requested waiver or modification.

Review and action.

Upon receipt of a complete application of a minor waiver or modification, the Development Services Director may distribute copies to other officials and agencies for review and comment.

The Development Services Director may approve the minor waiver or modification only if the Development Services Director determines that the requested minor waiver or modification will in no way compromise the intent of this chapter.

Reasonable conditions may be imposed to ensure that the minor waiver or modification will not compromise the intent of this chapter.

Major waivers or modifications.

Application filing. Complete applications for major waivers or modifications must be submitted to the Development Services Director. At a minimum, the application must include:

A description of specific requirement or standard to be waived or modified; and

The reasons and justifications for the request.

Review and action. Requests for major waivers or modifications must be processed concurrently with applications for plat approval. The process is the same as required for major subdivision approval except that final authority to approve or deny the requested major waiver or modification rests with the Village Board.

Approval criteria. Major waivers or modifications may be approved or recommended for approval only if review and decisionmaking bodies find that:

Because of the particular physical surroundings, shape, topography or other specific conditions of the subject property, strict compliance with this chapter would cause a particular hardship upon the property owner, as opposed to a mere inconvenience;

The conditions upon which the waiver or modification request are based are unique to the subject property and not applicable, generally, to other property;

The hardship has not been self-created;

The requested waiver or modification will not be detrimental to the public safety, health or welfare, or injurious to other property or improvements in the area in which the subject property is located;

The requested waiver or modification does not conflict with the Village Stormwater Management Ordinance;[3] and

Editor's Note: See § 138-6.

The waiver or modification is the least deviation from this chapter that will mitigate the hardship found to exist on the subject property.

Appeals of administrative decisions.

Applicability; authorized appeals. The Village Board is authorized to hear and decide appeals where it is alleged there has been an error in any order, requirement, decision or determination made by an administrative official of the Village in the administration, interpretation or enforcement of this chapter.

Right to appeal. Appeals of administrative decisions may be filed by the applicant or any other aggrieved party. The Village Board is authorized to determine whether the person appealing the decision is an "aggrieved party."

Application filing.

Complete applications for appeals of administrative decisions must be filed with the Village Administrator.

Appeals of administrative decisions must be filed within 15 days of the date of the decision being appealed.

Village Board review. The Village Board must review the appeal and recommend that the administrative decision be upheld or overturned, based on whether the decision is supported by the facts in evidence and the provisions of this chapter.

Village Board action.

After receipt of a complete application, the Village Administrator must place the matter on the agenda of the next regularly scheduled Village Board meeting.

The Village Administrator must notify the applicant and the appellant of the date, time and place of the Village Board meeting.

The Village Board must review the appeal and act to uphold or overturn the action or decision of the administrative official by simple majority vote, based on whether the decision is supported by the facts in evidence and the provisions of this chapter.

The action of the Village Board is final and binding on all parties.

Review and decisionmaking bodies.

Summary of review and decisionmaking roles. The following table provides a summary of review and decisionmaking roles in the subdivision review process.

	Planning and Zoning Dept.	Development Services Department	Plan Commission	Village Board
Subdivision	—	—	—	—
Preapplication meeting	R	R	—	—
Preliminary plat	R	R	R	DM
Improvement plan	—	DM	—	—
Final plat	R	R	—	DM
Minor waivers/modifications	—	DM	—	—
Major waivers/modifications	R	R	R	DM
Vacations	R	R	—	DM
Appeals of Admin. decisions	—	—	—	DM
R = Review and/or recommendation; DM = Final decisionmaking authority

Village Board. The Village Board has final decisionmaking authority on requests for major waivers or modifications and on appeals of administrative decisions.

Plan Commission. The Plan Commission reviews and makes recommendations for approval or denial of preliminary plats.

Planning and Zoning Department. The Village Planning and Zoning Department is responsible for participating in preapplication conferences and for reviewing and evaluating preliminary plats for compliance with adopted Village plans and policies. After each review, the Department must forward to the developer and Development Services Director a written review noting deficiencies and comments.

Development Services Director.

The Village President has sole authority to designate a Development Services Director and an acting Development Services Director to act in the absence of the Development Services Director.

In addition to any other duties expressly assigned by this chapter, the Development Services Director is responsible for:

Maintaining permanent and current records with respect to the regulations of this chapter;

Receiving and filing all plans, preliminary plats, site development plans for permit, construction or improvement plans, subdivision guarantees and final plats, together with applications therefor;

Reviewing all preliminary plats to determine whether the plans comply with these regulations;

Forwarding copies of preliminary plats to other appropriate agencies for input, comments and/or procedural recommendations;

Forwarding copies of construction improvement plans to the Highway Commissioner;

Receiving and filing transmittal letters from the Highway Commissioner per his or her review of the improvement plan;

Reviewing all final plats to determine whether they comply with the preliminary plan and these regulations;

Forwarding preliminary and final plats to the Village Board, when required by these regulations, together with the Plan Commission's recommendations;

Reviewing all plans and plats and to make determinations concerning compliance with applicable Village or Township road and drainage design standards and engineering specifications; and

Reviewing all plats and making determinations and recommendations regarding the type of water supply and sewage disposal facilities needed to provide safe and adequate service to each subdivision, and to make determinations in all matters concerning public health.

If the workload of the Development Services Director creates undue delay in the review of subdivision plats or special expertise is required, an outside consultant may be hired by the Village to assist in the subdivision review and approval process.

Developers must bear the cost of any outside consulting support. The outside engineer review costs will be in addition to the regular plat and permit fees to be paid to the Village.

Penalty.

Unless otherwise indicated in this chapter, a violation of any provision of this chapter constitutes an ordinance violation, punishable by a fine not to exceed $1,000, with each day the violation exists constituting a separate offense.

Imposition of a fine does not exempt an offender from compliance with the requirements of this chapter.

At the option of the Development Services Director, violations may be referred to the Village's adjudication process for appropriate action.

Any person who begins development of any property, sells or offers to sell a lot or other property, before complying with all applicable provisions of this chapter will be guilty of a misdemeanor and fined a minimum of $750 per day for each offense, with each day being a separate offense.

The remedies provided herein are not exclusive and the exercise of any remedy does not bar, suspend or otherwise prohibit the exercise of any right to any other remedy, including, but not limited to, a civil cause of action either at law or in equity.

§ 138-3 Development standards.

Improvements generally.

Construction.

All improvements covered by this chapter must be constructed in accordance with, and materials used must be in compliance with the most current editions of the Illinois Department of Transportation's (IDOT's) Standard Specifications for Road and Bridge Construction, including Supplemental Specifications and Recurring Special Provisions, IDOT's Bureau of Design and Environment Manual and IDOT's Highway Standards, Standard Specifications for Water and Sewer Main Construction in Illinois, and/or the Illinois Urban Manual.

Improvements required.

Developers (subdividers) are responsible for the construction, installation and maintenance of the following improvements in accordance with the standards of this chapter in addition to any applicable federal, state, county or municipal standards:

All streets within the subdivision and improvements to existing streets required for safe and adequate access to the subdivision as may be required by this chapter;

Street signs;

Sidewalks and pedestrian facilities;

Water supply and wastewater systems, other than individual wells and individual sewage disposal systems;

Surface drainage, storm sewers and drainage easements;

Stormwater management devices and easements;

Erosion and sedimentation control devices;

Utilities and utility easements;

Survey monuments [at all lot corners and points of curvature in accordance with ILCS Ch. 765, Act 205 (Plat Act)];

Streetlights;

Landscaping; and

[12]

Any other on- or off-site improvements required by this subchapter or required at the time of plat approval.

If the subdivider files a final plat for only a portion of the subdivision for which a preliminary plat was approved, the improvements required to be constructed, installed and maintained in accordance with that final plat must be those improvements that the Development Services Director deems necessary to serve the lots shown on the final plat.

Completion of improvements.

A final plat may not be approved until:

All required improvements have been completed; or

A subdivision guarantee has been provided in accordance with § 138-3A(4), Subdivision guarantees.

An improvement will be deemed completed only after the appropriate public agency certifies that the improvement has been installed in accordance with the approved final plat and improvement plan. In lieu of certification from a public agency, the Development Services Director is authorized to accept certification from the applicant's registered professional engineer that the improvements have been installed in accordance with all applicable standards.

Subdivision guarantees.

Purpose. Subdivision guarantees are required for the purpose of ensuring that developers properly install all required subdivision improvements in a timely manner, in accordance with approved plats and improvements plans. Subdivision guarantees must be posted; a letter of credit is the preferred method of guarantee.

Timing. Subdivision guarantees must be posted before final plat approval.

Term.

The term of a subdivision guarantee may not exceed two years. A filing fee in the amount of $50 or 0.1% of the total subdivision guarantee, whichever is greater, must be paid by the developer to file the initial subdivision guarantee.

The Development Services Director is authorized to extend the term up to two times for no more than one year per extension when provided with a letter of credit with an automatic renewal option. No extension may be granted until the developer has provided and the Development Services Director has approved a revised total cost of the remaining estimated construction, engineering, surveying and fees for the required public improvements, plus 25% of the original completion guarantee.

Form and amount of subdivision guarantee.

Subdivision guarantees must be in the form of cash escrow, a letter of credit from a local bank or local savings and loan association or other financial security approved by the county. The subdivision guarantee must be conditioned upon the subdivision of all work necessary to complete the required subdivision improvements within the time period specified at the time of preliminary plat or improvement plan approval.

The amount of the subdivision guarantee must equal at least 125% of the estimated cost of all required improvements, including project management costs.

The estimated cost of required improvements, including project management costs, must be itemized by improvement type and certified by the applicant's registered professional engineer. Cost estimates must be based on industry norms within northeastern Illinois.

Development guarantee should include automatic renewal option.

Default.

The subdivision guarantee shall be considered in default and may be foreclosed upon by the Village if the developer:

Fails to complete the improvements in accordance with the approved improvement plans and construction specifications;

Fails to complete the improvements within the time frame prescribed in this subdivision chapter;

Performs the work unsuitably, as determined by the Development Services Director, the Road District Commissioner or other affected agency;

Fails to provide a subdivision warranty in an acceptable form to the Development Services Director; or

Fails to provide an extension for the subdivision guarantee as prescribed in this subdivision chapter.

When a subdivision guarantee is found to be in default, the Development Services Director, following approval by the Village Board, shall give notice by registered mail to the developer and to the issuer of the subdivision guarantee of the Village's intent to foreclose on the subdivision guarantee.

If upon receipt of the notice of default, the developer fails to honor the terms and conditions specified in the notice, the Development Services Director shall deliver a demand for payment on the subdivision guarantee. The foreclosed funds shall be delivered to the Village Treasurer for deposit into an account designated for the funds.

The Development Services Director shall utilize these foreclosed funds to complete and/or maintain the improvements in accordance with the approved improvement plans. All costs, including the Village's administrative expenses associated with causing compliance, shall be deducted from the funds on deposit with the Village Treasurer.

When compliance with the terms of the subdivision guarantee has been achieved, the Development Services Director, following approval by the Village Board, shall authorize the Village Treasurer to return to the developer or approved beneficiary of the funds all remaining funds from the subdivision guarantee, if any.

Release of subdivision guarantee.

Once the conditions of the subdivision guarantee have been completed to the satisfaction of the appropriate agencies and any required subdivision warranty has been provided, the guarantee may be released.

All improvements must be completed in accordance with § 138-3A(3)(b), Completion of improvements. No financial guarantee may be released until all required certifications of completion have been provided.

At least 60 days before the expected release of a subdivision guarantee, the developer's engineer must submit:

A letter to the Development Services Director stating that they have inspected the subdivision and that all improvements are complete in accordance with the improvements plans;

Two sets of "as-built" drawings of the subdivision improvements, certified by the developer's engineer; and

If improvements are not complete at the time of a requested inspection, the subdivider will be responsible for payment of a reinspection fee, in accordance with the fee schedule in effect at the time of reinspection.

Partial reduction of subdivision guarantee.

Subdivision guarantee may be amended to reflect a reduced amount, provided that:

The partial improvements are acknowledged by the Development Services Director, Highway Commissioner and appropriate utility agency; and

A revised current estimate of the cost to complete the work is submitted by the developer's engineer to the Development Services Director and Highway Commissioner.

The revised estimate must show all the original estimated items with the appropriate items reduced.

Twenty-five percent of the original cost estimate must be added to the revised estimate to determine the amount of the amended subdivision guarantee.

If, in the opinion of the Development Services Director, the current amount of the subdivision guarantee is not adequate to cover the cost of the uncompleted work, the subdivision guarantee must be amended to reflect an increased amount.

The revised estimate must be accompanied by a letter from the developer's engineer stating that he or she has inspected the improvements and that they are complete in accordance with the improvements plans.

A reduction of subdivision guarantee does not imply acceptance of those improvements included in that reduction; acceptance of improvements does not occur until all improvements are complete and inspected by Development Services Director and Highway Commissioner and the subdivision guarantee is released as outlined in § 138-3A(4)(f) above.

As-built plans.

After completion of all public improvements, and at least 60 days before the final acceptance of the subdivision, the developer must submit plans showing the actual location and elevation of all valves, manholes, stubs, services, sewer and water mains, storm sewer with rim and invert elevations, elevation of overflow routes in critical locations, streetlights and wiring, storm sewers, center line of streets, ditches, overflow routes, detention/retention basins (including notations of any deviations from design) and other facilities as the Village requires. These plans must be printed on twenty-four-inch-by-thirty-six-inch paper and clearly labeled "as-built" and provided in a digital form (on CD or other approved media) utilizing the latest version of AutoCAD, or other software approved by the Development Services Director. The plans must bear the signature and seal of a state registered professional engineer. Submittal of these plans is a prerequisite to final acceptance of the improvements and to final release of the subdivision guarantee.

Acceptance of dedication, improvements.

The developer is solely responsible for maintenance and upkeep of all public areas, common areas, easements and improvements until final acceptance by the Village.

Final acceptance of the dedication of an open space or other public area, including rights-of-way, may not occur until after improvements are acknowledged and accepted by the Development Services Director and the Road District Commissioner and proof of responsibility for the maintenance of all community improvements is submitted to the Development Services Director.

A subdivision warranty must be provided in exchange for final acceptance, at which time the subdivision guarantee may be released upon written notice from the Development Services Director to the Village Board.

With respect to the acceptance of public improvements in developments within the Village, it is the policy of the Village to require construction to be completed on 80% of the lots within a subdivision development prior to the Village accepting the public improvements and further provided such public improvements have been constructed in accordance with Village ordinances and applicable Village standards. In the event that the Village determines that the public improvements have been constructed in accordance with and are in compliance with Village ordinances and applicable Village standards and that adequate security has been posted to insure that any damage to the public improvements caused by construction on lots which have not been developed will be repaired, the Village shall have the right, but shall not be obligated, to accept the public improvements at the earlier of the date on which construction is completed on 80% of the lots within the development or five years after the date of issuance of the first occupancy permit for a structure in the subdivision development.

Subdivision warranty.

The developer must post a subdivision warranty with the Development Services Director after final acceptance of the public improvements. The warranty amount must equal at least 10% of the initial subdivision guarantee for the improvements. Subdivision warranties must be in a form approved by the Development Services Director.

The subdivision warranty must cover a period of up to two years.

Subdivision warranties must be in the form of cash escrow, a letter of credit from a local bank or local savings and loan association, or other financial security approved by the Village and applicable road authority.

Subdivision warranties are not required for improvements not contained in and specified under the original subdivision guarantee.

The subdivision warranty may be used to replace any faulty materials or workmanship and warrant the integrity of the improvements during the life of the warranty.

At least 18 months after final acceptance of the improvements, the developer must request an inspection of the improvements by the Development Services Director and Highway Commissioner. Before release of the warranty, the developer must perform any warranted work. The work must be completed and inspected by Development Services Director at least 30 days before the warranty expires.

Construction and inspection of improvement.

Before starting any work covered by approved improvement plans and construction specifications, written authorization to start the work must be obtained from the Development Services Director. The written authorization must be in the form of a site development permit (application form available from Development Services Director) for the subdivision.

The site development permit must cover required public improvements, including right-of-way, drainage improvements, floodplain/wetland requirements and the like.

The site development fee must be calculated based on the area within the right-of-way, the portion of the subdivision to be utilized for stormwater management purposes, one-hundred-year overflow routes and any floodplain/wetland area to be enhanced as a part of the subdivision.

Authorization to begin work will be given upon receipt of all necessary permits from other regulatory agencies, including all culvert permits required when proposed new or changed subdivision streets intersect any existing street.

The Development Services Director and the Highway Commissioner may be notified three working days before any work commences so that appropriate inspectors may be present.

Any work without proper inspection will not be acknowledged.

No funds may be released from the subdivision guarantee unless the improvements covered by the subdivision guarantee have been inspected by the Development Services Director and the Highway Commissioner.

During the course of construction, inspection of the work must be made by the design engineer employed by the developer to ensure compliance with the approved improvements plans and construction specifications.

The design engineer may provide weekly field reports to the Development Services Director in a form approved by the Development Services Director. These inspection reports must be signed and sealed by a registered professional engineer. The Development Services Director is authorized to issue a stop-work order if weekly field reports are not submitted. Any delegation of construction observation duties must be approved by the Development Services Director.

Construction of all improvements (with the exception of the final surface course of asphalt on dedicated streets) required by this chapter must be completed within two years of the date of final plat approval unless good cause can be shown for granting an extension of time.

Building permits may not be issued until all required improvements are completed and operable, with the exception of the final surface course of bituminous asphalt if a two-layer construction is used. The final surface course of asphalt must be completed before acceptance of the subdivision.

Until final acceptance of improvements by the Development Services Director, the developer is solely responsible for:

Maintaining all improvements;

Keeping all public ways, sewers and drains free from soil, debris and trash;

Installing and maintaining appropriate erosion control measures; and

Providing for snow removal on all streets within the subdivision.

(m)

The developer is required to provide snow removal on all streets within the subdivision until acceptance of improvements by the Development Services Director. However, if the developer does not promptly remove snow, the Development Services Director may have the snow cleared and submit the invoice for this work to the developer for payment. If the developer does not pay this invoice, the subdivision guarantee may be utilized to pay the costs.

(n)

The final lift of bituminous asphalt (surface) must be installed within three years from the date final plat approval or when individual buildings are completed on 80% of the lots in the subdivision, whichever comes first. When the lift of asphalt is placed before 80% of the lots are built out, the subdivision warranty will not expire until two years after the completion of 80% of the lots.

(o)

Material testing for all public improvements must comply with Illinois Department of Transportation Standard Specifications for Road and Bridge Construction. Load tickets and core samples may be required by the Development Services Director.

Property owners' associations.

Establishment. If a property owners' association is assigned responsibility for the maintenance and control of streets, drainage easements/facilities, open space, recreational facilities or other common areas and facilities within a subdivision, that association must have legal authority to maintain and exercise control over the common areas and facilities, including the power to compel contributions from residents or property owners to cover their proportionate share of the costs associated with the maintenance of the common areas and facilities.

Documentation.

Documents providing for the establishment of a property owners' association must be submitted to the Village before approval and recordation of a final plat.

The Village's review is limited to ensuring that the property owners' association has clear legal authority to maintain and exercise control over the common areas and facilities, including the power to compel contributions from residents and property owners to cover their proportionate share of the costs associated with the maintenance of the common areas and facilities.

Village enforcement. The association's organizing documents must grant the Village the right, after 10 days' written notice to the association:

To perform any maintenance or repair work that the association has neglected to perform;

To assess the membership for such work; and

To have a lien placed against the property of any member failing to pay an assessment. For this purpose alone, the Village will have all the rights and powers of the association and its governing body under the agreements and declarations creating the association.

General design standards and guidelines.

Applicable regulations and policies. Subdivisions must be designed and laid out in accordance with:

All applicable Village ordinances, including this chapter, the Comprehensive Plan, and its functional elements;

The Village Zoning Code;

Applicable laws, rules and regulations of the state and its duly constituted agencies; and

When a subdivision lies within 1 1/2 miles of the corporate limits of Homer Glen, the subdivision must also comply with all applicable ordinances of the Village.

Traffic movement and pedestrian circulation.

Subdivisions should be designed to create an integrated system of lots, streets, trails and infrastructure that provides for efficient movement of people, bicycles and automobiles within the subdivision and to and from adjacent developments.

Subdivisions should provide for the efficient movement of through traffic by providing a completely interconnected hierarchy of streets in order to avoid isolation of residential areas and over-reliance on federal, state and local roadways.

All subdivisions should be designed to provide safe and attractive pedestrian routes to nearby commercial centers, as well as nearby public/civic, employment and recreation uses.

Street layouts should be uncomplicated, so that emergency services, public services and visitors can find their way to their intended destinations.

Subdivision designs must avoid the proliferation of private streets and driveways with access onto major streets.

Appearance.

Subdivision perimeter areas should include adequate landscaping and buffering to protect future residents of the subdivision and adjacent developments from adverse impacts caused by significant differences in use, development intensity or building height.

Lot and street designs should be designed to avoid extended distances of back yard frontage on major streets. When back yard frontages cannot be avoided, the Village Board is authorized to require additional lot depth, additional landscaping, fences, walls or any combination of the techniques to help reduce the negative visual and noise-related impacts associated with the platting patterns.

Open space.

Open spaces should be integrated into and throughout subdivisions, should be connected with one another and with open spaces in adjacent developments, and should include trails that connect to pedestrian routes in the subdivision and to regional trail systems.

Open spaces anticipated for use as active or developed parks should be located on relatively flat, well-drained terrain.

Open spaces not anticipated for use as active or developed parks should be located on prominent high points with significant views, or along significant and interesting geological features or wooded areas or along significant drainages.

Open spaces that are anticipated to serve as trail corridors (pedestrian, bicycle or equestrian) should be continuous with anticipated trail corridors on adjacent properties.

Natural hazards.

Lands subject to flooding, high water table, excessive erosion and subsidence because of soil types or groups, watercourses and other drainageways, steep slopes or other natural hazards may not be platted for residential or other uses in a way as to present a danger to life or property, or to the public health, safety or general welfare.

The recommendations of the Will County Soil Manual must be followed with respect to the land plan and construction details of proposed subdivisions.

Soil borings must be made to confirm the soils map information included in the United States Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) Soil Survey of the county. Representative soil borings must be taken to a depth at least five feet below the lowest proposed foundation, two feet below the lowest proposed sewer or the point of refusal. At least one boring must be made per 10 acres or more if necessary to confirm the soil survey.

Two copies of a soils report prepared by a qualified soil professional must be submitted with the preliminary plat. The report must include, at a minimum, soil classifications, water level observations, blows per foot and an assessment of the suitability of existing soils for the proposed development. For developments in which rain gardens, bioinfiltration, bioswales or other groundwater infiltration best management practices (BMPs) are proposed, permeability data is also required.

Developments in which structures will be constructed within, or adjacent to floodplains, or areas prone to flooding, must comply with the requirements of Federal Emergency Management Agency (FEMA) Technical Bulletin 10-01, Ensuring That Structures Built on Fill In or Near Special Flood Hazard Areas Are Reasonably Safe From Flooding.

The developer shall be required to provide and install emergency warning sirens in subdivisions when deemed necessary following the guidelines as set forth by the Will County Emergency Management Agency.

Natural and cultural resources.

Subdivisions should be designed and laid out in a manner that creates the least damage to the natural environment, avoids, to the maximum extent feasible, significant natural resources such as prime agricultural lands, wooded areas and wetlands.

Subdivisions should be designed to preserve and enhance woodlands, water bodies, streams, rivers, hillsides and other natural resources that exist on a site.

Subdivisions should be designed to preserve cultural and historic resources.

Public sites.

Where a proposed park, playground, school or other public use shown on an Official Map of the Village, local park district, or forest preserve district of the county, in whole or in part in a subdivision, appropriate public agencies and governing bodies must be given an opportunity to negotiate the acquisition of property for the use for one year from the date of recording of the final plat.

Lots and blocks.

Lot arrangement.

Lots must be laid out and arranged in a way that presents no foreseeable difficulties in securing permits to build on the lots in compliance with all applicable rules and regulations. Subdivisions may not contain leftover pieces, corners or remnants of land.

Lot area and dimensions generally.

All lots must comply with minimum depth, width and area requirements of the Village Zoning Ordinance.[1] Lots must also comply with all requirements of the County Sewage Treatment and Disposal Ordinance, as administered and enforced by the County Health Department, where applicable.

Editor's Note: See Ch. 220, Zoning.

The size, shape and orientation of lots must be appropriate for the location of the subdivision, and for the type of development and use contemplated.

Excessive lot depth in relation to lot width is prohibited. A ratio of 2 1/2 to one (depth to width) is the recommended maximum.

Lot width must be measured at the minimum building setback line. Minimum lot width may be reduced 10% for lots fronting on the bulb of a cul-de-sac, provided that the lot complies with minimum area requirements of the Village Zoning Ordinance[2] and County Sewage Treatment and Disposal Ordinance, where applicable.

Editor's Note: See Ch. 220, Zoning.

The minimum depth of any lot may not be less than 90 feet, measured from any point on the front lot line to any point on the rear lot line.

Corner lots must be laid out to permit compliance with front building setback requirements on all sides of the lot abutting a street.

Outlots.

Any outlots intended for conveyance to a property owners' association or others must be included in the subdivision and be numbered consecutively.

The subdivision plat and supporting documentation must designate the intended use and ownership, as well as maintenance responsibilities for the outlot.

Street frontage.

All lots must front on or abut a public or private street. Alleys are not considered streets for purposes of this provision.

Residential lots may not front onto state and local roadways or onto any proposed major thoroughfare designated by the Comprehensive Plan.

Double-frontage (also known as "through" lots) lots are prohibited except where necessary to overcome specific disadvantages of topography and orientation, and where a limited access highway, railroad right-of-way, major street or similar situation exists, in which case double-frontage lots may be allowed if a suitable landscape screen is provided in accordance with the minimum standards of § 138-3G(3), Screening, and placed within a nonaccess reservation adjacent to the right-of-way.

Double-frontage lots must have adequate depth to allow the establishment of a front setback along all abutting streets.

Side lot line orientation.

Side lot lines must be substantially at right angles to straight street lines and radial to curved street lines unless, in the opinion of the Director of Planning and Zoning, an alternative orientation will provide for a better street and lot design.

General arrangement and layout of blocks. The length, width and shape of blocks must be designed and laid out with due regard for:

Topographic conditions and drainage;

Public convenience and safety;

Allowing safe and adequate access for abutting parcels of land; and

Proposed land use and density and intensity of development to be served.

Block dimensions.

The length, width and shapes of blocks must be appropriate for site conditions and the type of development contemplated. A maximum block length of 660 feet is recommended, and block lengths of more than 1,500 feet are prohibited. Blocks must have sufficient width to accommodate two tiers of lots of appropriate depth between street lines, except that blocks accommodating one tier of lots may be allowed, subject to the double-frontage lot requirements of § 138-3C(4), Street frontage.

Crosswalks.

Pedestrian crosswalks at least 10 feet in width may be required by Development Services Director when blocks exceed 660 feet in width or length and whenever deemed necessary to provide safe and adequate pedestrian circulation or access to schools, playgrounds, shopping areas, transportation and other community facilities.

Streets.

General arrangements and layout.

Streets and street networks serving subdivisions must be designed and laid out with due regard for:

Topographic conditions and drainage;

Public convenience and safety;

Allowing safe and adequate access for abutting parcels of land; and

Proposed land use and density and intensity of development to be served by the streets.

State Department of Transportation standards.

Streets must comply with the standards of this chapter and the Illinois Department of Transportation's Standard Specifications for Road and Bridge Construction. The higher or more restrictive standard governs in the event of conflict.

Street classifications.

Major streets are those having intercity or regional importance, including all state marked routes and strategic regional arterial (SRA) routes. Major streets must be properly integrated with the existing and proposed system of major streets and highways.

Secondary streets include all county highways. Secondary streets must be properly related to special traffic-generating facilities such as schools, churches, shopping and employment centers; to population densities; and to the major streets into which they feed.

Collector streets "collect" traffic from intersecting local and access streets and move this traffic in the most direct route to major or secondary streets. Collector streets, thus, form the intermediate link between local/access streets and major and secondary streets in the roadway network. They serve both a mobility and access function. Township roads are collector streets.

Local streets and access streets provide direct street access to lots within subdivisions. Local and access streets must be laid out to:

Conform as much as possible to topography;

Discourage use by through traffic;

Permit efficient drainage and sewer systems; and

Require the minimum amount of street needed to provide convenient and safe access to abutting property.

Private streets.

Private streets are prohibited unless expressly approved as part of a planned development.

A private street is not and may not be dedicated for public use, but may be allowed to provide access to lots within a planned development when ownership and maintenance of the street is guaranteed through a property owners' association established before the lots are sold.

Private streets must be designed and constructed in accordance with the same standards that apply to public streets unless a waiver or modification of this requirement is approved by the Village Board as a part of the Village Zoning Ordinance's planned development approval process.[3]

Editor's Note: See Ch. 220, Zoning.

Layout and alignment.

Streets must be laid out in conformity to street or highway plans officially adopted by the Village, state, county or Township or any highway authority.

If the subdivision lies within 1 1/2 miles of the corporate limits of a municipality, the streets must be in conformity with the street or highway plan officially adopted by the corporate authority of that municipality.

Wherever a street or highway shown on an officially adopted plan runs through a proposed subdivision, it must be provided for in the place and with the width indicated on the adopted plan. The Development Services Director is authorized to require that the right-of-way specified on the officially adopted plan be dedicated to the public on or as part of the final plat.

Where streets are not a part of the Official Map or officially adopted street or highway plans, the arrangement of subdivision streets must be designed and located in proper relation to existing and proposed streets, to the topography of the area, and to natural features such as streams, hills and stands of trees.

Proposed streets must be designed to coordinate with other existing or planned streets contiguous to or within the general area of the subdivision or within existing or future adjacent subdivisions as to location, width, grades and drainage. Connections with existing or platted streets must be continuous without offset.

Stub streets must be platted, dedicated and constructed for public use to the boundary line of the subdivision when necessary to afford desirable and safe street access to adjoining properties.

The following requirements apply to required stub streets.

Stub streets must be clearly marked on plats and labeled "future street extension." In addition, a sign must be posted on the stub street right-of-way indicating that it is intended as a "future street extension."

The following notation must be incorporated into any plat showing a stub street:

This right-of-way is platted with the intent of being extended and continued in order to provide ingress and egress to and from adjoining properties.

Temporary T-turnarounds, § 138-3D(12), Temporary T-turnarounds, must be provided at all stub streets.

Where a stub street in an existing subdivision or development has been platted to the boundary line of a proposed subdivision, it must be extended and continued into the proposed subdivision unless a modification or waiver is approved in accordance with the procedures of § 138-2H, Waivers and modifications. The waiver or modification must be based on at least one of the following findings:

An extension would cause or contribute to a safety deficiency that could not be corrected in a practical or economically efficient manner. In these cases, the developer will be responsible for providing sufficient right-of-way and constructing within that right-of-way an approved permanent turnaround at the end of the existing stub street.

The street right-of-way in the existing subdivision, although platted, has not had a street constructed within it, is not contained in the Comprehensive Plan, and it is unlikely that, in the foreseeable future, a street will be so constructed. In these cases, the developer will not be responsible for providing a permanent turnaround.

The existence of significant environmental conditions that were not known or adequately considered at the time the potential extension was platted. The need for the installation of a permanent turnaround by the developer will be determined on a case-by-case basis based on local site conditions.

In situations where waivers or modification to street connection requirements are granted, an alternative means for bicycle, pedestrian or equestrian access may be required to be provided in close proximity to the otherwise required street based on local site conditions.

All subdivisions of 25 or more lots must have at least two means of ingress and egress.

Intersections.

Streets must be laid out to intersect as nearly as possible at right angles.

Proposed new intersections along one side of an existing street should line up with existing intersections on the opposite side of the street. Street jogs with center line offsets of less than 125 feet are prohibited.

Intersections and driveways must be designed to comply with the vision clearance requirements of § 220-808, Vision clearance, of the Village Zoning Ordinance and all applicable requirements of the Road District Commissioner.

Where any street intersection will involve embankments or existing vegetation inside any lot corner that would create a traffic hazard by limiting visibility, the developer must cut or remove the ground and/or vegetation (including trees) in connection with the grading of the public right-of-way to the extent deemed necessary to provide adequate sight distance.

Access control.

Subdivision entrances for residential uses and major entrances for commercial, industrial and institutional uses must be located a minimum distance of 1,320 feet apart on state and local highways and arterial streets designated by local governments, unless topography or already existing street locations can be shown to dictate otherwise.

Subdivision entrances for residential uses and major entrances for commercial, industrial and institutional uses may not be located within 500 feet of an at-grade railroad crossing.

If a subdivision borders on or contains a limited access street or other major street, the Development Services Director is authorized to require a frontage road or lots that back onto the major street with a right-of-way with a no-access reservation [See also § 138-3C(4), Street frontage].

If a subdivision borders on or contains a railroad right-of-way, the Development Services Director is authorized to require a frontage road located approximately parallel to and at least one lot depth distance from each side of the right-of-way.

Reserve strips.

Right-of-way "reserve strips" or "spite strips" controlling access to streets are prohibited.

Alleys.

When required. Alleys may be provided in all commercial and industrial zoning districts except that the Development Services Director may waive this requirement where another definite and assured provision is made for service access, such as off-street loading and parking consistent with, and adequate for, the uses proposed. Alleys are allowed in residential zoning districts.

Dead-end alleys. Dead-end alleys are prohibited.

Design and construction.

Alleys serving commercial and industrial development must be at least 24 feet in width.

Alleys serving residential development must be at least 20 feet in width.

Alleys must be constructed in accordance with the pavement material and construction standards that apply to local streets. See § 138-3D(20), Pavement material and construction.

Half streets.

Half streets are prohibited, except where essential to the reasonable development of the subdivision in conformity with other requirements of these regulations, and where the Development Services Director finds it will be practicable to require the dedication of the other half when the adjoining property is developed.

A minimum right-of-way width of 50 feet and a minimum pavement width of 20 feet is required for any authorized half street.

Wherever a half street is adjacent to a tract to be subdivided, the other half of the street must be platted and constructed within the developing tract.

In cases where half streets are allowed, the subdivider must grade and improve the half street, the same as all other subdivision streets.

Culs-de-sac.

Culs-de-sac may not exceed 1,200 feet in length, measured along the center line. The Village Board may approve a longer cul-de-sac length in low-density subdivisions where no more than 15 lots will take access from the cul-de-sac street. See the figure below.

The closed (bulb) end of a cul-de-sac street must have a minimum diameter of 130 feet. See the figure below.

Cul-de-sac pavement width must comply with local street standards. The pavement at the closed (bulb) end must be at least 100 feet in diameter measured from back-of-curb to back-of-curb in urban subdivisions and edge of pavement to edge of pavement in rural subdivisions. Landscaping within the middle of the cul-de-sac bulb is encouraged except when prohibited by the Village. See the figure below.

Temporary T-turnarounds. Temporary T-turnarounds may be required at the end of streets that are intended for extension when a subsequent phase of subdivision is developed or when the abutting parcel is developed. The terminus of a T-turnaround must comply with the following minimum standards.

The T must be at right angles to the main street.

Each wing of the T must be at least 20 feet long, plus one-half the main street pavement width, measured from the center of the right-of-way. See the figure below.

The right-of-way width must be at least as wide as the main street's right-of-way.

At the time that a street is connected or extended, temporary T-turnarounds must be removed by the road authority or by the developer proposing the connection or extension.

Rights-of-way and pavement width.

Major streets.

Right-of-way. The minimum right-of-way width of a major street is 150 feet, unless the Development Services Director requires a greater right-of-way width.

Pavement. The Development Services Director is authorized to establish minimum pavement widths and design standards for major streets.

Secondary streets.

Right-of-way. The minimum right-of-way width of a secondary street is 120 feet.

Pavement. The Development Services Director or road authority is authorized to establish minimum pavement widths and design standards for secondary streets.

Collector streets.

Right-of-way. The minimum right-of-way width of a collector street is 80 feet.

Pavement. The minimum pavement width of a collector street or any street serving industrial or commercial development is 36 feet (excluding curb and gutter).

Local streets.

Right-of-way. The minimum right-of-way width of a local street is 66 feet.

Pavement. The minimum pavement width of a local street in a subdivision with open drainage is 24 feet. The minimum pavement width for subdivisions with curb and gutter is 28 feet (excluding curb and gutter).

(14)

Curb and gutter.

Concrete curb and gutter must be provided along the outside edge of all street pavements in all nonresidential subdivisions and in all residential subdivisions where the average lot width at the front lot line is less than 120 feet; and/or where the degree of slope exceeds 5%.

Curb and gutter must be Type B-6.12, in accordance with State Department of Transportation (IDOT) highway standards or standards acceptable to the Development Services Director. See the figure below.

The back of curbs must be depressed or cut in accordance with IDOT standards, subject to the approval of the Development Services Director when the final location for access to the public roadway for driveways, sidewalks and other paths is determined.

(15)

Improvements to and additional right-of-way for existing streets.

All existing public and/or dedicated streets abutting a subdivision must be improved to a standard established by the Village for the subject street.

If the property abutting a county highway is to be subdivided or access is being requested to a Village highway, the developer/owner must dedicate, at no cost to the Village, sufficient land area to satisfy the county road's right-of-way requirement, including corner clips required by the Village.

If the property abutting a state highway is to be subdivided or access is being requested to a state highway, the developer/owner must dedicate, at no cost to the Village, sufficient land area to satisfy the county road's right-of-way requirement, including corner clips required by the Village.

(16)

Grades.

Streets must have a minimum grade of 0.5% and a maximum grade of no more than 6%.

(17)

Horizontal curves. Horizontal curves measured along street center lines must comply with the following minimum radii:

Major and secondary streets. The Development Services Director is authorized to establish the minimum radius of horizontal curves on major and secondary streets.

Collector streets. Horizontal curves on collector streets must have minimum radius of 300 feet.

Local streets. Horizontal curves on local streets must have minimum radius of 200 feet.

Other streets. Horizontal curves on streets other than major, secondary, collector or local streets must have minimum radius of 150 feet.

(18)

Vertical curves.

Vertical curve lengths must comply with IDOT's Bureau of Design & Environment Manual.

(19)

Reverse curves.

A tangent of at least 100 feet in length must be introduced between reverse curves on local streets. A tangent of at least 300 feet in length must be introduced between reverse curves along all other (nonlocal) streets.

(20)

Pavement material and construction.

Asphalt pavement must comply with IDOT Standard Specifications for Road and Bridge Construction for bituminous concrete binder and surface course superpave and any special provisions applicable to IDOT District 1 standard requirements.

All subdivisions must have pavement designed to the soil conditions actually found on the site in accordance with current IDOT design policy.

Collector and local streets must comply with the cross sections of Appendix § 138-9H, Typical Road Cross Sections. On major streets, secondary streets, county highways and developments intended for industrial or commercial use, projected traffic data and special uses must be submitted to the Development Services Director for evaluation, who has the authority to require additional width and thickness of pavements.

(21)

Village highway entrances; curb and gutter and acceleration/deceleration lanes.

Village highway entrances must be constructed with curb and gutter returns and acceleration and deceleration lanes, as specified by the Development Services Director when proposed in conjunction with a subdivision, and must meet Village requirements.

(22)

Guards rails.

Steel plate beam guard rails must be installed in accordance with IDOT standards along the shoulder of any street where roadside hazards exist.

(23)

Street names.

Streets that are extensions of, or obviously in alignment with, existing streets must bear the name of the existing streets; however, no other streets may bear names that duplicate, or nearly duplicate so as to be confused with the names of existing streets, within the same Township, fire protection district, police protection district. All street names must comply with the Village of Homer Glen Ordinance Creating a Unified System for Address Assignment and Maintenance (No. 13-012)[4] and be approved by the County 9-1-1 Emergency Services office.

Editor's Note: Ordinance No. 13-012 is on file in the Village offices.

(24)

Street signs.

Street signs, identifying the street names shown on the approved final plat, must be provided at all intersections and as otherwise required by the applicable highway authority. Street signs must be installed in accordance with the Manual on Uniform Traffic Control Devices, published by the United States Department of Transportation (Federal Highway Administration). Street signs must be of a type approved by the applicable road authority and must be installed at the northeast corner of each intersection.

(25)

Streetlights; where required.

Streetlights must be installed at all intersections and at closer intervals if the gross density of the subdivision is three dwelling units per acre or more.

Streetlights must be of a type, style and spacing as required by the applicable road authority.

The subdivider must arrange for and pay all installation costs required for erection of required streetlights.

Sidewalks and trails.

When required.

Sidewalks or multipurpose trails are required in all nonresidential subdivisions and in all residential subdivisions that have an average lot width of less than 120 feet.

The requirement to provide sidewalks may be satisfied by:

Installing concrete sidewalks one foot off the front property line on both sides of subdivision streets; or

If approved by the Village Board, by installing a pedestrian/multi-use trail within a greenway that provides direct access to abutting lots.

Width.

Sidewalks must be at least five feet in width, unless a greater width is required by the Development Services Director based on anticipated usage.

Trails must comply with the minimum width and construction requirements of any applicable trail or bike plan on file with the Village's Planning and Zoning Department.

Barrier-free ramps.

Barrier-free ramps constructed in accordance with IDOT standards are required at all intersections and street crossings where sidewalks or pedestrian trails are provided.

Materials and construction.

All sidewalks must be air entrained (5% to 8% air content) portland cement concrete and minimum 3,500 psi. Sidewalk pavement must be at least five inches thick over five inches of grade CA-16 gravel or compacted CA-6 coarse aggregate, or as required by the applicable road authority. Sidewalks must be constructed in accordance with the IDOT Standard Specifications for Road and Bridge Construction.

All trails must comply with IDOT construction standards. Regional trails must be open to and accessible by the general public.

Interior parks. Parks situated in the interior of blocks must have direct and public access to surrounding streets by an easement at least 10 feet wide and be covered by a maintenance agreement for the easement. Lots adjacent to easements must be at least 10 feet wider than the otherwise required minimum lot width.

Landscaping.

Street rights-of-way.

All unpaved street right-of-way must be graded and seeded or sodded in accordance with the Village Code. Grassed areas having slopes greater than 20% or five to one slopes or steeper must be stabilized with sod, mat or blanket in combination with seeding or approved equivalent. Seeding, sodding, matting and blankets must be in accordance with IDOT's Standard Specifications for Road & Bridge Construction. Provisions must be made to assure the growth of all required landscaping.

Parkway or front yard trees.

Parkway or front yard trees are required along all streets at a rate of one tree per 40 feet of street frontage, provided that no lot is required to have more than four parkway or street trees and all lots must have at least two parkway or front yard trees.

Existing trees or newly planted trees may be used to satisfy parkway and front yard tree requirements.

No trees may be planted in the parkway unless written approval has been received from the Development Services Director. Trees that are planted in the parkway must be planted in accordance with the specifications of the Village.

When trees are not allowed to be placed in the parkway, required trees may be placed in the front yard of the subject lot.

Screening.

Landscape screening must be provided in accordance with all applicable Village ordinances.

In cases where lots have frontage along both an interior street and another street (double-frontage) or abut a nonresidential use or zoning classification, a landscaped earthen berm or fence must be constructed to the following standards.

Landscaping berms must be constructed with slopes not to exceed a three to one gradient, with side slopes designed and planted to prevent erosion and with a rounded surface a minimum of three feet in height and five feet in width at the highest point of the berm, extending the length of the berm. Berm slopes must be protected with sod, seed, shrubs or other form of natural ground cover.

A detailed landscape/berm plan must be submitted to show that adequate vegetative plantings have been provided to create a screen.

No screening may interfere with drainage patterns or intersection visibility requirements.

Landscape material.

A list of recommended tree and shrub species is on file with the Development Services Director, and may be reviewed and revised from time to time.

No more than 25% of the total number of trees or shrubs in any development may be of a single species provided in a development.

Parkway and front yard trees must have a minimum trunk diameter of at least 2 1/2 inches measured six inches above ground level.

Understory and/or ornamental trees must have a minimum trunk diameter of at least two inches measured six inches above ground level. Multi-stem or clump form understory trees with a minimum height of six feet may also be used.

Evergreen and/or coniferous trees must be a minimum five feet in height.

Broadleaf/deciduous shrubs must be at least three feet in height.

Needle leaf/evergreen shrubs must have a minimum width of two feet.

All fences must comply with § 138-7C, Obstructions, of this chapter and § 220-812 of the Village Zoning Ordinance.

Landscape placement.

All plant material must be planted in a manner that does not interfere with drainage patterns, overhead wires, utilities, street or sidewalk pavement.

No trees or other landscaping may be located closer than 10 feet to a fire hydrant or other aboveground utilities.

No landscaping may interfere with intersection visibility requirements. See § 138-3D(6), Intersections.

Installation standards.

Plant material must comply with the American Standards for Nursery Stock, published by the American Association of Nurserymen.

All trees must be grown in a nursery located in the northern half of the state and licensed by the state.

All plant material must be installed free of disease and in a manner that ensures the availability of sufficient soil and water to sustain healthy growth.

All tags, wires, plastic ties and rope must be cut from each tree to prevent girdling the tree. The burlap must be pulled back from the upper third of the root ball. If a plastic "burlap" is used, it must be removed from the root ball in its entirety.

When planting, the hole must be dug approximately three times wider than the roots or root ball.

All plant material must be planted with a minimum depth of three inches of mulched material and a diameter of three feet around the base of the tree.

Trees must be staked with posts and not stakes in areas of high wind for one to three years to allow the growth of new roots to stabilize. All ropes must be covered to prevent cutting into bark.

The planting season is approximately September 15 to December 15 and March 15 to June 15.

Any excess soil, clay or construction debris must be removed from the planting site, before planting of individual trees at final grade.

The Village is authorized, at its sole discretion, to retain a professional landscape architect or arborist to review landscape plans. All expenses incurred by the Village for the use of landscape architects or arborists must be reimbursed by the developer.

§ 138-4 Land dedications, contributions in lieu, and impact fees.

Dedication of school sites or cash contributions in lieu thereof. As a condition of approval of a final plat of subdivision or final plat of a planned development, each subdivider, developer or builder will be required to dedicate land within the school district boundaries for school sites, to serve the immediate and future needs of the residents of the development for school land acquisition costs or school facility costs, or make a cash contribution in lieu of actual land dedication, or a combination of both, in accordance with the following criteria and in substantial accordance with this section.

Criteria for requiring school sites dedication.

Requirement and population ratio.

The ultimate number of students to be generated by a subdivision or planned development shall bear directly upon the amount of land required to be dedicated for school sites.

The land dedication requirement shall be determined by obtaining the ratio of: 1) estimated children to be served in each school classification from the Table of Population Density in § 138-4G over the 2) maximum recommended number of students to be served in each school classification as stated herein and then applying such ratio to the 3) said minimum recommended number of acres for a school site of each such school classification as stated herein. The product thereof shall be the areas of land deemed needed to have sufficient land for school sites to serve the estimated increased number of children in each school classification.

School classification and size of school site.

School classifications and size of school sites within the Village shall be determined in accordance with the following criteria:

School Classification by Grades	Maximum Number of Students for Each Minimum School Classification	Number of Acres of Land for Each School Site of Classification (acres)
Elementary schools	600	11
Junior high schools	900	29
Senior high schools	1,500	45

The comprehensive school plan and/or the standards adopted by the affected school district shall be used as a guideline in locating sites.

Criteria for requiring a cash contribution in lieu of a school site.

For a small development, where the resulting school site is too small to be practical or when the available land is inappropriate for a school site, the Village, with the recommendation of the Board of Education of the school districts affected, shall require, at the discretion of the school district, the subdivider, developer or builder, to pay a cash contribution in lieu of land dedication required.

The determination of whether available land is appropriate for a school site shall be made by the local school board. Any builder, subdivider or developer affected may request a hearing before the Village Board on the question of whether the proposed land is appropriate as a school site. Any builder, subdivider or developer affected as well as the local school board may present evidence at the hearing and, in addition, the Village Board, in its discretion, may hear evidence from other interested persons.

The cash contribution in lieu of land shall be based on the fair market value of the acres of fully improved residential land in the area after development, determined in accordance with § 138-4H. Each school district, if it is to be a recipient of funds under this section, shall, prior to July 1 of each year, recommend to the Village Board a valuation indicating the current market value of an improved acre within that school district. The recommended valuation shall include a MAI (Member of the Appraisal Institute) appraisal which should include multiple-acre parcels suitable for school sites (if available). Said multiple-acre parcels are to be defined in the same manner as an improved acre is defined in this section. A high school district may recommend more than one valuation which shall correspond and be identical to the valuations within the elementary feeder districts the high school district serves. Final determination of the fair market value per acre of the improved land shall be made by the Village Board based on information submitted by the school district, subdivider or developer, and from other sources as submitted to the Village Board by affected parties.

Criteria for requiring dedication and cash contribution. There will be situations in a subdivision or planned development when a combination of land dedication and cash contribution are necessary. These occasions will arise when:

Only a portion of the land to be developed is proposed as the location for a school site. That portion of the land within the subdivision or planned development falling within the school location shall be dedicated as a site as aforesaid, and a cash contribution shall be required for any additional land that would have been required to be dedicated; and

A major part of the school site has already been acquired and only a small portion of land is needed from the development to complete the site. Dedication of the remaining portions of the school site and a cash contribution shall be required.

Reservation of additional land. Where the Comprehensive Plan or the standards of the Village shall call for a larger amount for school sites in a particular subdivision or planned development than the developer is required to dedicate, the additional land shall be reserved for subsequent purchase by the Village or other public body designated by the Village provided that the acquisition is made within one year from the date of approval of the final plat.

Combining with adjoining developments. Where the subdivision or planned development is less than 40 acres, a school site which is to be dedicated shall be situated in relation with adjoining developments in order to produce usable school sites.

Dedicated sites. In addition to the requirements listed in § 138-4A(2) of this chapter, all dedicated sites shall be improved in accordance with the requirements of § 138-3A(6) or any similar successor ordinance promulgated by the Village.

Time of conveyance. The subdivider or developer shall convey to the respective school districts the land required under this chapter within 30 days after any subdivision plat or final plat of a planned development is recorded in the Will County Recorder's Office. All improvements to the site shall be completed within the time as required by the Village. A subdivider, developer or builder shall make any cash contributions required under this chapter prior to the issuance of any building permit by the Village. Payments shall be made directly to the school district or districts wherein the development, subdivision or building is located and evidence of the payment shall be made at the time of application for the building permit. The amount of each payment of cash shall be determined by the Village and subdivider and/or developer at the time of the approval of the final subdivision plat or final plat of a planned unit development. The schedule of payments shall be filed with the Village Clerk.

Expenditure of monies. The monies collected pursuant to this subsection are intended for school land acquisition costs or school facility costs.

School facilities impact fees. The Village requires the payment of school facility impact fees as a condition of the annexation of territory to the Village and approval of a planned unit development, with residential uses. The approval of a planned unit development, with residential uses, shall also require the payment of the school facilities impact fee in substantial accordance with this section.

Use of fees. The school facilities impact fees provided hereunder shall be used by the recipient school districts for new school buildings, building additions and improvements, school site improvements, and related infrastructure; provided, however, that 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.

Payment of fees.

School facilities impact fees shall be paid in full for a particular residential dwelling unit in one of the two following manners:

Payment in full shall be made at the time of application for a Village permit to construct the dwelling unit; or

Payment in full shall be made prior to the issuance of a certificate of occupancy for the dwelling unit, but in no event later than 12 months from the date the Village issues a permit to construct a dwelling unit.

If the option in Subsection B(2)(a)[2] above is chosen, the applicant must sign an agreement with the Village requiring the applicant to make payment of the school facilities impact fees within 12 months from the date of issuance of the permit to construct the dwelling unit, regardless of whether the construction has been completed, and provide evidence to the Village that the required school facilities impact fees have all been paid in full no later than 12 months from the date of issuance of the permit to construct the dwelling unit. This agreement will include a provision requiring the applicant to pay an additional fee, in the amount of two times the required school facilities impact fee, if the applicant does not make payment and provide evidence to the Village that all required school facilities impact fees have been paid in full within 12 months of the date of issuance of the permit to construct the dwelling unit.

The school facilities impact fees shall be paid directly to the school district or districts in which the dwelling unit is located, and are in addition to the requirements of § 138-4E, Dedication of park lands or payment of cash in lieu thereof, of the Village Code. The amount of the school facilities impact fees to be paid will be the amount of the respective school facilities impact fee in effect at the time the payment is to be made.

Depending on which payment option is selected by the applicant, evidence of payment of the required school facilities impact fees, issued by the respective school districts to the applicant, must be submitted by the applicant to the Village Manager at either the time when the applicant applies to the Village for a building permit or on a date not later than 12 months after the date the Village issues the permit to construct the dwelling unit.

If the applicant selects the payment option in Subsection B(2)(a)[1], failure to provide sufficient evidence of the required payment shall constitute sufficient grounds for the denial of the application for a building permit. If the applicant selects the payment option in Subsection B(2)(a)[2], failure to provide timely evidence of the required payment shall constitute sufficient grounds for the suspension or revocation of the building permit. In addition, the Village Manager may refuse to issue a certificate of occupancy or may revoke any temporary certificate of occupancy that has been issued.

Approved cash contributions in lieu of school site dedications and school facilities impact fees. The most recent calculations for cash contributions in lieu of school site dedications, and school facilities impact fees, approved by the Village Board are as follows:

Elementary School Districts
(Kindergarten through 8th grade)
Homer School District 33C
		Cash Contributions in Lieu of School Site Dedications	School Facilities Impact Fees	Total Contribution/Fee
Detached Single-Family Home
	2-bedroom	$315.42	$679	$994.42
	3-bedroom	$928.27	$2,917	$3,845.27
	4-bedroom	$1,418.84	$3,910	$5,328.84
	5-bedroom	$1,016.40	$3,910	$4,926.40
Attached Single-Family Home
	1-bedroom	$0	$0	$0
	2-bedroom	$232.80	$727	$959.80
	3-bedroom	$500.49	$1,204	$1,704.49
	4+bedroom	$815.91	$1,918	$2,733.91
Apartments
	1-bedroom	$5.51	$12	$17.51
	2-bedroom	$218.84	$515	$733.84
	3-bedroom	$611.38	$1,481	$2,092.38

School District 92
		Cash Contributions in Lieu of School Site Dedications	School Facilities Impact Fees	Total Fee
Detached Single-Family Home
	2-bedroom	$295.71	$679	$974.71
	3-bedroom	$870.25	$2,917	$3,787.25
	4-bedroom	$1,330.17	$3,910	$5,240.17
	5-bedroom	$952.88	$3,910	$4,862.88
Attached Single-Family Home
	1-bedroom	$0	$0	$0
	2-bedroom	$218.25	$727	$945.25
	3-bedroom	$469.21	$1,204	$1,673.21
	4+bedroom	$764.92	$1,918	$2,682.92
Apartments
	1-bedroom	$5.17	$12	$17.17
	2-bedroom	$205.17	$515	$720.17
	3-bedroom	$573.17	$1,481	$2,054.17

High School District
(9th grade through 12th grade)
School District 205
		Cash Contributions in Lieu of School Site Dedications		School Facilities Impact Fees	Total Fee
		33C	92		33C	92
Detached Single-Family
	2-bedroom	$48	$45	$117	$165	$162
	3-bedroom	$442	$414	$1,316	$1,758	$1,730
	4-bedroom	$864	$810	$1,310	$2,174	$2,120
	5-bedroom	$720	$675	$1,310	$2,030	$1,985
Attached Single-Family
	1-bedroom	$0	$0	$0	$0	$0
	2-bedroom	$91	$86	$216	$307	$302
	3-bedroom	$142	$133	$371	$513	$504
	4+bedroom	$415	$389	$972	$1,387	$1,361
Apartments
	1-bedroom	$2	$2	$6	$8	$8
	2-bedroom	$110	$104	$246	$356	$350
	3-bedroom	$283	$266	$679	$962	$945

Dedication of land or fees for fire station sites. Recognizing the critical importance of the Homer Township Fire Protection District, the Northwest Homer Fire Protection District and the Mokena Fire Protection District and/or the New Lenox Fire Protection District (collectively, the "Districts") need for adequate fire station sites, fire stations, the necessary tools, equipment, supplies, personal protective equipment and other resources, including resources sufficient to provide current and ongoing training to their personnel, the Village has established this subsection to require mandatory dedication of land and/or cash payments in lieu thereof from developers of property located within the Village and property which is sought to be annexed into the Village to assist in defraying the cost incurred by the Districts to provide emergency and fire services as a result, in whole or in part, of the development of the property, and to establish guidelines for the calculation and dedication or payment of such land dedications or cash payments in lieu thereof. Any person or entity seeking to develop any land ("developer") within the Village or any land that is ultimately annexed into the Village, where such development requires the approval of a final plat of subdivision by the Village or the approval and issuance of a building permit by the Village, shall, as a condition of such final plat or building permit approval for construction of a new principal structure, comply with the cash payment and land dedication requirements set forth in this subsection.

Dedication or cash payment required. A developer, with the consent of the Village and the District in which the land proposed to be developed is located, shall dedicate land for a fire station site. When the development is small and the resulting proposed fire station site is too small to be practical or when the available land is inappropriate for a fire station site, the developer shall make a cash payment in lieu of the land dedication calculated in accordance with Subsection D(2) of this subsection. The cash payment in lieu of fire protection district land dedication shall be used by the Districts for the acquisition of fire station sites, the construction of fire stations, the acquisition of tools, equipment, supplies, personal protective equipment and other resources, to serve the immediate or future needs of the residents of that subdivision or development or for the improvement of other existing local fire stations that already serve such needs or for any other lawful purpose related to the provision of fire protection services. Developers shall complete the required land dedication or cash payment in lieu thereof prior to final plat approval or the approval and issuance of the first building permit within the parcel of land proposed to be developed. Developers shall make all land dedications and cash payments in lieu thereof required to be made pursuant to this subsection directly to the District at issue and shall simultaneously provide written documentation to the Village Manager evidencing such land dedication or cash payment in lieu thereof.

Amount of cash payment. The following guidelines shall apply for the determination of the amount of the cash payments in lieu of land dedications:

For residential units, the required contribution shall be computed by multiplying the total acreage to be developed by the ratio of the number of acres required for residential fire protection purposes (three acres for each 1,280 acres proposed to be developed residentially, or 0.00234 acre for each acre of residentially developed property) and multiplying that product by the price per acre; provided, however, the required cash payment shall be not less than $500 per residential unit. The price per acre shall be the present fair market value of an acre of fully improved land in or around the Village as stated in § 138-4H. The Village may reconsider the aforesaid valuation and make such adjustments thereto as may be necessary from time to time.

For commercial and industrial buildings, the required cash payment in lieu of land dedication shall be determined by multiplying $0.05 per square foot of gross building area; i.e., that area encompassed by the exterior walls of the commercial or industrial building in question.

Condition of dedicated land sites. All land sites shall be dedicated in a condition ready for full service of electrical, gas, telephone and other utility lines, water, sewer and streets (including enclosed drainage and curb and gutter), as applicable to the location of the site, and shall otherwise comply with Village Code requirements. In addition, all land sites shall be suitable for constructing a fire station facility and shall be free of any environmental contamination.

Deferral cash payments; exemption for single-family dwellings. Payment of cash-in-lieu payments may be deferred until time of the issuance of the first building permit for any building or structure located on the parcel or tract of property in question. Furthermore, notwithstanding anything else herein to the contrary, nothing herein shall be construed to render the provisions of this subsection applicable in any manner to any development of any property with a single-family residence, where such residence is either presently occupied by the owner thereof, and the owner/occupant is proposing the development of accessory uses permitted under Chapter 220, Zoning, thereon, proposing the repair, expansion or improvement of any presently existing structure on the property in question, or where the property in question is proposed to be improved with not more than one single-family residence to be occupied by the developer thereof.

Supersession of state law. Any nonpreemptive state statute in conflict with this subsection is hereby superseded to the full extent of such conflict pursuant to the exercise of the Home Rule powers of the Village.

Dedication of park lands or payment of cash in lieu thereof. As a condition of approval of a final plat of a residential subdivision or development or of a final plat or plan for planned development, each subdivider, owner or developer of the land in question will be required to dedicate land for park and recreational purposes to serve the immediate and future needs of the residents of the development or subdivision in question, or a cash contribution in lieu of actual land dedication, or a combination of both, at the option of the Village of Homer Glen, in accordance with the following requirements.

Criteria for requiring park and recreational land dedication.

Amount of land required.

The ultimate population density to be generated by a subdivision or development shall bear directly on the amount of land required to be dedicated for park and recreation sites. The acreage of land dedication requirement shall be determined by obtaining the total population of the development times the number of required acres per 1,000 population.

The total requirement shall be 11 acres of park or recreational land, or cash in lieu of land, per 1,000 of ultimate population. The following table shall be a guideline for park and recreational land distribution of the lands donated hereunder, reflecting the types and sizes of parks and recreational facilities anticipated to be required or desired:

Types of Park/Recreation Area		Minimum Size (acres)
School-park (neighborhood playground)		5
	Neighborhood park	3.5
	District-wide park	4
Community-wide recreation		12

The Table of Population Density in § 138-4G specifies the number of persons reasonably estimated to be generated by the several types of dwelling units that may be built within a residential development or subdivision, and, by multiplying these population equivalents by the number of each type of dwelling unit proposed to be constructed within such development or subdivision, shall be utilized to arrive at the total number of persons expected to reside within the development or subdivision; in turn, the total population figure shall be multiplied by the requirement of 11 acres of park or recreational land per 1,000 persons to arrive at the total number of acres of land required to be donated or contributed hereunder to the Village of Homer Glen.

Location and ownership. The Village Comprehensive Plan, Land Use Map of the Village, present availability of park or recreational facilities, recommendations of Village committees, commissions or other bodies, published guidelines or standards of nationally recognized park or recreational land associations, and the concerns of civic or resident groups may be utilized by the Village of Homer Glen as guidelines in locating sites. Other factors being equal, park sites having at least 66 feet of frontage on dedicated public roads are most desirable. Park and recreational areas should also be designed to be accessible to the residents of the surrounding area in which they are located and to maximize the usefulness of the acreage being donated. Proposed subdivisions may be designed to provide passive and active recreation improvements. Passive recreation improvements may consist of trails, picnic areas and benches. Active recreation improvements shall consist of sports fields, game tables, sand boxes and other playground equipment. Full unencumbered fee simple title to the donated or contributed land shall be conveyed to the Village of Homer Glen by general warranty or trustee's deed, and such conveyances shall be accompanied by a policy of title insurance from a title company acceptable to the Village, which policy (and the commitment therefor) shall not disclose any matter, fact or thing which, in the opinion of the Village or its counsel, materially affects the usefulness of the donated property for its intended purpose.

Time of conveyance or payment. All conveyances of land or payments of cash required under the provisions of this subsection shall be made not later than contemporaneously with the full execution and recording of the final plat of subdivision or final plat or plan for planned development encompassing the residential subdivision or other development in question; provided, however, that pending the completion of the construction of public improvements in the subdivision or development, or of the completion of any improvements of any kind required to the property being donated or contributed, the owner, developer or subdivider of the property in question shall remain responsible for the maintenance and upkeep of the dedicated property, and shall:

Cause the Village to be named as an additional insured on the owner's, developer's or subdivider's policy of liability insurance, which shall provide for commercial liability insurance coverage in an amount not less than $1,000,000 per occurrence; and

Secure the performance of this obligation by posting with the Village an irrevocable letter of credit in such amount as may be determined by the Village's engineering consultants.

Criteria for requiring contribution in lieu of park and recreation sites. Where the subdivision or development in question is small and the resulting site is too small to be practically developed for park or recreational purposes, or when the available land is geologically and topographically inappropriate or otherwise unsuitable for park or recreational purposes, the Village shall require the subdivider or developer to pay a cash contribution in lieu of all or a portion of the land dedication otherwise required. The cash contribution in lieu of park and recreation land as hereinbefore classified will be available to serve the immediate or future needs of the residents of that subdivision or development, for the improvement of other existing local parks or for otherwise addressing park or recreation land or capital needs, but shall not be utilized for routine maintenance or operational expenses of any park or recreational facilities of the Village.

Time of conveyance of payment. Payment shall be made as set forth above in Subsection E(1)(c). All cash contributions received hereunder shall be held in a segregated account or accounts established for the express and sole purpose of holding such contributions, and withdrawals from such accounts shall only be made for the acquisition and improvement of land for park and recreation facilities.

Fair market value. The cash contribution in lieu of land shall be based on the fair market value of the acres of land in the area that otherwise would have been dedicated as park and recreation sites as stated in § 138-4H. The Village Board may review and, if necessary, adjust this valuation on an annual basis.

Criteria for requiring dedication and a fee. There will be situations in subdivisions or developments when a combination of land dedication and a contribution in lieu of land are both necessary. These occasions will arise when:

Only a portion of the land to be developed is proposed as the location for a park site. That portion of the land within the subdivision falling within the park location shall be dedicated as a site as aforesaid, and a cash contribution in lieu thereof shall be dedicated.

A major part of the local park or recreation site has already been acquired and only a small portion of the land is needed from the development to complete the site. The remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall be required.

The public park and recreational needs of the Village and its residents require or make necessary or desirable not only the conveyance of an area of land but also the contemporaneous expenditure of funds to improve such land to provide specified park or recreational facilities.

In-kind contributions. At the sole and unrestricted discretion of the Village Board of Trustees, the Village may elect to permit a subdivider, owner or developer to make all or a portion of a cash donation or contribution otherwise required hereunder by constructing improvements to Village park or recreational property or by providing equipment or facilities for such properties; provided, however, that the foregoing shall not relieve a developer, owner or subdivider to any extent from improving donated land in accordance with the minimum requirements otherwise set forth in this subsection.

Reservation of additional land. Where the Comprehensive Plan of the Village of Homer Glen or the other applicable standards of the Village call for a larger amount of park and recreational land in a particular subdivision or planned development than the owner, subdivider or developer is required to dedicate, the land needed beyond the required contribution shall be reserved and designated for subsequent purchase by the Village, provided that within two years from the approval of the final plat of subdivision or final plat or planned development, the Village shall sign a contract to purchase the land or file a condemnation suit in pursuit thereof, or relinquish and rescind such reservation.

Combining with adjoining developments. Where the subdivision or development is less than 40 acres, park and recreation space to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable park or recreation areas without hardship on a particular owner, subdivider or developer.

Improved sites. All land shall be dedicated with full access to electric, gas, telephone, water, and sewer/septic, provided by the means of the extension of necessary lines, mains, appurtenances to the property or the construction of necessary on-site facilities, and shall also be served with access to and from fully improved streets with curb and gutter, and necessary storm drainage; provided, however, that no storm detention or retention facilities shall be located or constructed on any such land unless such facilities are solely being utilized to serve that land. Furthermore, all such sites shall be graded as approved by the Village's engineering consultants and fully seeded, unless the Village shall designate that all or a portion of the land contains natural flora or other features worthy of preservation, in which case the owner, developer or subdivider shall perform the foregoing functions to the maximum extent possible while still preserving and leaving pristine and undeveloped in any way those areas designated for preservation. Trees shall be planted along all rights-of-way with not less than two tree species a minimum of 10 feet and maximum of 30 feet on center. Interior areas shall remain natural and any additional plantings shall be informal in design. Tree planting required along the perimeter of a park is in addition to tree planting required in the adjacent public right-of-way. Promenades and esplanades within a park may be formally planted with trees parallel to the walkway. Interior portions of the park are encouraged to be kept free of plantings. Areas for active use and any facilities which accompany such use shall have a tree planting design which integrates the structures into the park and defines the areas set aside for active recreation use from areas of passive use. Plantings in the interior portions of the park are encouraged to follow topographical lines. All improvements shall be constructed not later than three years after the date of final plat approval or the date of issuance of occupancy permits for 75% of the lots to be developed in the subdivision, whichever is earlier.

Shape, topography and grading. The shape, topography and geology of the dedicated site as well as its surroundings must be suitable for its intended purpose, as approved by the Village's engineering consultants. One hundred percent of the donated land shall be buildable for permanent structures as determined through the appropriate topographical studies and soil tests. Stormwater detention areas shall not be accepted for Village ownership and maintenance, and the portion of a detention area designed to function primarily as a component of the stormwater control system shall not serve as a credit toward the required park site contribution. Retention areas shall not be accepted for Village ownership and maintenance and shall not serve as a credit toward the required park site contribution. Except as otherwise approved by the Village Board on an individual basis after considering the significance of environmental features on the particular property, wetlands, floodplains, floodways, detention areas, retention areas, and areas of steep slope shall not be accepted as park sites and shall not serve as a credit toward the required park site cash in lieu of land contribution.

Credit for private park sites. Where a private park site is included on a site plan, or in a proposed subdivision or planned development, and is designed to serve the immediate and future park needs of the residents of that subdivision or development, credit toward the required park donation site improvement fee may be given. The extent of such credit shall be at the sole discretion of the Village Board and shall be based upon the needs of the projected residents in conformance with the total needs for park and recreational sites for the general area. Where a private park site credit is given, the credit shall be subtracted from the park donation site improvement fee requirement as established in this subsection. The developer shall guarantee that the private park shall be permanently maintained for such use by the execution of appropriate legal documents.

Additional dedication requirements. All land required for dedication for park purposes hereunder shall be in addition to land dedications required by other ordinances of the Village.

Due date for dedications and fees. All dedications and fees imposed by this subsection shall be due and payable upon final plat approval. However, the Village may agree that payment of fees may be made at the time of building permit issuance, in consideration of which the subdivider or developer shall execute an agreement agreeing that the fees payable will be adjusted in accordance with the requirements of this subsection.

Library district contributions. As a condition of approval of final plat of subdivision or of a final plat of a planned development, each subdivider, developer or builder of a residential subdivision or planned development located in a library district and the incorporated area of the Village shall be required to dedicate land or make a cash contribution in lieu of actual land dedication to serve the immediate and future needs of the residents of the development.

Amount of land required. It has been determined that one acre per 10,000 of population is needed to provide a comfortable and relaxed atmosphere for a library. The acreage of land dedication requirement was established by multiplying the population by minimum space requirements contained the in following table,[1] plus required parking spaces, plus land for landscaping, walkways and setbacks.

Editor's Note: Said table is included as an attachment to this chapter.

Formula used for cash contribution. The library district may determine that cash contribution is more practical than a land donation whenever the amount of land to be donated is not large enough for a complete library site. The cash contribution shall be equal to the nonresident fees for dwelling units of individual library districts in the Village in accordance with the state library formula for nonresident fees. The library districts in the Village shall annually review and adjust their nonresident fees. Each district will submit figures to the Village by July 1 of each year.

Criteria for requiring land dedication and a fee. There will be situations in subdivisions or planned developments when a combination of land dedication and a contribution in lieu of land are both necessary. These occasions may arise when:

Only a portion of the land to be developed is proposed as the location for a library site. That portion of the land within the subdivision or planned development falling within the library location shall be dedicated as a site, and a cash contribution in lieu thereof shall be required of any additional land that would have been required to be dedicated; and

A major part of the library site has already been acquired and only a small portion of land is needed from the development to complete the site. The remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall also be required.

Time of conveyance or payment.

At the time of the approval of the final subdivision plat or final planned development, the subdivider, developer or builder must dedicate land as required or make a cash contribution in lieu of actual land dedication. All payments shall be made by certified check or other draft.

Payments shall be made directly to the respective library districts wherein the development subdivision or building is located, and evidence of the payment shall be made at the time of application for each building permit.

Density formula. The following table of population density is generally indicative of current and short-range projected trends in family size for new construction and shall be used in calculating the amount of a required dedication of acres of land or the cash contribution in lieu of land in this section, unless a written objection is filed thereto by the owner, subdivider or developer. Population density, age distribution and local conditions change over time, and the specific formula for the dedication of land, or the payment of fees in lieu thereof, are subject to periodic review and amendment, if necessary. The net increase in the number of bedrooms from residential redevelopment is subject to the land/cash contributions requirements of § 138-4.

Type of Unit	Preschool (0 to 4)	Elementary Grades K-5 (5 to 10)	Junior High Grades 6-8 (11 to 13 years)	Total Grades K-8 (5 to 13)	High School Grades 9-12 (14 to 17 years)	Adults 18 years +	Total Per Dwelling Unit
Detached Single-Family:
2-bedroom	0.113	0.143	0.041	0.184	0.020	1.700	2.017
3-bedroom	0.292	0.422	0.120	0.542	0.184	1.881	2.899
4-bedroom	0.418	0.644	0.184	0.828	0.360	2.158	3.764
5-bedroom	0.283	0.461	0.132	0.593	0.300	2.594	3.770
Attached Single-Family:
1-bedroom	0.000	0.000	0.000	0.000	0.000	1.193	1.193
2-bedroom	0.064	0.106	0.030	0.136	0.038	1.752	1.990
3-bedroom	0.212	0.227	0.065	0.292	0.059	1.829	2.392
4-bedroom	0.323	0.370	0.106	0.476	0.173	2.173	3.145
Apartments:
Efficiency	0.000	0.000	0.000	0.000	0.000	1.294	1.294
1-bedroom	0.000	0.002	0.001	0.003	0.001	1.754	1.758
2-bedroom	0.047	0.100	0.028	0.128	0.046	1.693	1.914
3-bedroom	0.052	0.278	0.079	0.357	0.118	2.526	3.053

Fair market value.

The cash contribution in lieu of land shall be based on the fair market value of an acre of fully improved land in the area that otherwise would have been dedicated as school sites, park and recreation sites, or fire protection service sites. The Village has determined that the present fair cash market value of one acre of land improved in accordance with the requirements of this section, and which would otherwise be available and permitted to be developed with residential dwelling units in a manner similar to and consistent with the subdivision or development in question, is:

Eighty thousand dollars per acre for park and recreation sites.

Eighty thousand dollars per acre for School District 33C sites.

Seventy-five thousand dollars per acre for School District 92 sites.

The Village Board may review and, if necessary, adjust this valuation on an annual basis.

The valuation set forth in this subsection, as adjusted from time to time, shall be used in calculating the cash equivalent value of any land contribution determined in accordance with the procedures set forth in this section, unless any subdivider, developer, or owner of land subject to this section with a pending application for final plat or planned unit development on file with the Village files a written objection thereto.

Objections.

A developer may object to the calculation of the amount of land to be dedicated or the calculation of the amount of the cash payment assessed in lieu of land dedication, whichever is applicable. The objection shall contain a complete statement of the reasons for the developer's objection, shall set forth specific facts in support thereof, and shall include all evidence the developer relies upon to support the objection. The Village Board shall decide the objection on the basis of this section and the facts presented by the developer in the written objection.

Timing for objections.

For land contributions, any written objections must be submitted to the Village Clerk after the subdivider, developer, or owner of land subject to this section has a pending application for final plat of subdivision or planned development on file with the Village and prior to final plat of subdivision or final planned development approval by the Village.

For fees in lieu of land contributions or school facilities impact fees, written objections must be submitted to the Village Clerk by the subdivider, developer, or owner of land subject to this section prior to the issuance by the Village of a building permit to construct the first dwelling unit. In the case of phased developments, any written objection must be submitted prior to the issuance of a building permit to construct the first dwelling unit of any unbuilt phase of the overall development.

The Village Board may commence its consideration of the objection at its next regularly scheduled meeting occurring at least seven days after the filing of the objection or at a special meeting convened to consider the objection. The Village Board may, in its sole discretion, request additional information from the developer or request the developer to appear at a meeting to explain the objection or present additional evidence to support its objection. The Village Board shall decide the objection within 60 calendar days of the date when the objection is filed unless the Board determines that additional time is reasonably necessary to render its decision.

Failure by a developer to file an objection within the time limits set forth herein shall constitute a waiver by the developer of his or her right to objection of the application of this section to the proposed development and shall constitute an acknowledgement that the amount of land to be dedicated or the amount of cash payment assessed in lieu of land dedication, whichever is applicable, is specifically and uniquely attributable to the proposed development.

In the event a subdivider, developer, builder or school district files a written objection to the Table of Population Density, it shall submit its own demographic study showing the estimated additional population to be generated from the subdivision or planned development. The final determination of the density formula to be used in such calculations shall be made by the Village Board based upon such demographic information submitted by the objector and from other sources which may be available to the Village.

In the event of any such objection to the fair market value, the subdivider, developer, or owner shall submit an appraisal showing the fair market value of land improved in accordance with the requirements of this section and which would otherwise be available and permitted to be developed with residential dwelling units in a manner similar to and consistent with the subdivision or development in question together with other relevant evidence of the value thereof. The final determination of said fair market value per acre of such improved land shall be made by the Village Board based on the information submitted by the objector and from such other sources as may be available to the Village.

If there is any change in the fair market value as determined by the Village Board after an objection it shall be used solely as to the land which is the subject of the objection.

Reservation of powers. Nothing herein shall be construed so as to limit, condition or impair the exercise of powers conferred on the Village of Homer Glen to annex territory, enter into annexation agreements, regulate the zoning, subdivision or development of land, or approve planned developments with residential uses, to levy or establish taxes and fees or to exercise other municipal functions and powers.

Indemnification. It shall be a condition of the payment of cash contributions, land dedications, or impact fees to the benefited school district, fire district, park, or library district, that the benefited entity indemnify and hold the Village of Homer Glen harmless from and against any and all losses, costs, expenses, including but not limited to reasonable attorneys fees, claims and causes of action of every kind incurred by, brought against or asserted against the Village of Homer Glen as a result, either directly or indirectly, of the adoption of this section or the administration or enforcement thereof in connection with the establishment, collection, administration or expenditure of the cash contribution, land contribution or impact fees, including any so incurred as a result of a lawsuit. Acceptance of any such payments or contributions by such benefited entity shall be deemed to be the acceptance of and its agreement to provide the indemnification and perform the obligations set forth in this subsection. All benefited school districts, fire districts, parks, and library districts must acknowledge and agree to the foregoing in a written agreement acceptable to the Village prior to the receipt of any payment.

Collection of monies. The Village shall have the right to delegate the responsibility for collecting monies due under this section to other public bodies designated by the Village.

Penalty. In addition to other penalties provided in this chapter, failure to provide sufficient evidence of the required conveyance, cash contribution, or impact fee to the Village Manager shall result in denial of the application for a building permit or, when a building permit has already been issued, revocation of the building permit.

§ 138-5 Environmental conservation and tree preservation.

Natural preservation areas.

Findings and purpose.

The abundance and diversity of native wildflower and other native plant species (including but not limited to many threatened and endangered species which have been placed on or listed in the Checklist of Endangered and Threatened Animals and Plants of Illinois as promulgated by the Illinois Endangered Species Protection Board) within the Village of Homer Glen has come to be widely recognized throughout the Northern Illinois region, and contributes greatly to the quality of life within the Village.

The preservation of such native wildflower and other native plant species within the Village of Homer Glen will assist in preserving that quality of life, thereby assisting in the furtherance of the goals for the incorporation of the Village and the values set forth in the Mission Statement of the Village.

Homer Township has established and is carrying out a program to monitor and protect the aforementioned types of plant life, and the establishment of such a program within the Village of Homer Glen would facilitate the success of and otherwise strengthen and protect such program, and would similarly further the adoption of an intergovernmental agreement between the Village and Homer Township with respect to cooperative efforts to monitor, protect and preserve such native wildflower and other native plant species.

In connection with the promotion of the foregoing aims, it shall be and remain the policy of the Village of Homer Glen to maintain respect for private property rights and to wholly refrain from any activities which are or might constitute takings or the exercise of the right of eminent domain, as set forth in the Constitution of the United States, the 1970 Constitution of the State of Illinois, and the Illinois Compiled Statutes.

As a means of balancing the potentially competing interests and desires to preserve native wildflower and other plant species within the Village of Homer Glen while at the same time avoiding any infringement on the rights of private property owners that is or might constitute a taking or the exercise of the right of eminent domain, as set forth in the Constitution of the United States, the 1970 Constitution of the State of Illinois, and the Illinois Compiled Statutes, the corporate authorities of the Village of Homer Glen have determined that it is in the best interests of the health, safety, morals and welfare of the Village of Homer Glen and its residents to designate certain public vehicular rights-of-way within and under the jurisdiction of the Village of Homer Glen as natural preservation areas and to provide for the protection thereof and the maintenance of the quality and variety of native wildflower and plant species found therein by regulating the mowing, cutting and maintenance of such areas, and to work toward entering into intergovernmental agreements within other governmental entities having jurisdiction of public vehicular rights-of-way within the Village of Homer Glen to further the creation and establishment of comparable forms of protection for similarly situated portions of rights-of-way under the jurisdiction of such other governmental entities.

Designation of areas. Due to their existence in a substantially original or primeval state, or due to the predominance therein of native wildflower or plant species, and the need to maintain and preserve such characteristics for the public purposes of future enjoyment, education and research, as well as for the enrichment of the present quality of life within the Village of Homer Glen, all publicly dedicated or prescriptively acquired vehicular rights-of-way within the following described areas shall be and hereby are designated as "natural preservation areas" of the Village of Homer Glen:

South side of 147th Street, between Creme Road and Lemont Road.

East and west sides of Lemont Road, between 141st Street and 143rd Street.

North side of 151st Street, east of Creme Road, and west of the limits of the property that is the site of the Homer Township Administration Building.

South side of 151st Street, west of Parker Road, but east of the limits of the property contained within what is commonly referred to as the "Woodbine Subdivision."

South side of 151st Street, west of Cedar Road and east of Gougar Road.

Protections of areas. Except where necessary to prevent the existence of any hazard to safe vehicular travel, the Village shall take such steps as are necessary, including but not limited to the placement of appropriate signage, stickers or placards (or otherwise ensure that such steps are taken pursuant to any applicable intergovernmental agreements), to cause those responsible for maintaining the roads and streets within the Village road and street system as defined by 605 ILCS 5/2-104 to refrain from cutting, mowing or otherwise disturbing native wildflowers or plants within the limits of any designated natural preservation area of the Village, and all such natural preservation areas shall be exempt from the application of any presently existing or future ordinances of the Village pertaining to landscaping, or the cutting of plants, grasses, weeds and the like. No person or entity shall cut, mow or otherwise disturb any native wildflowers or plants within the limits of any designated natural preservation area without first having obtained the written permission of the Village Manager. Such permission shall be granted only after the Village Manager consults with a person or persons having recognized expertise in the recognition, management and preservation of native wildflowers and other native plants as are found within Village natural preservation areas, and only if the request for such permission demonstrates that the activity proposed within the given natural preservation area is the least intrusive means reasonably possible under the circumstances of obtaining access to a parcel of property or of conducting otherwise lawful activities on the property. Furthermore, by means of intergovernmental agreements with the appropriate jurisdictional or governmental authorities, informal cooperative efforts or otherwise, the Village shall use its best efforts to promote the protection and preservation of native wildflowers and plants in dedicated or prescriptive vehicular rights-of-way within the Village but which are not part of the Village road and street system, and in dedicated or prescriptive vehicular rights-of-way which are outside of but adjacent to or in close proximity to the corporate limits of the Village. Additionally, pursuant to 525 ILCS 37/5, Illinois Prescribed Burning Act, the Village, in keeping with its purpose to preserve the abundance, diversity, and ecological health of its natural preservation areas, shall allow for prescribed burns in accordance with the requirements set forth in Section 37/5 of the Prescribed Burning Act.

Identification of areas. The Village Manager shall further be authorized to take such steps as he or she may deem necessary and desirable to cause the appropriate recognition of all natural preservation areas designated hereunder, including the placement of appropriate signs, stickers or placards therein, provided that all such steps shall be taken with due regard for the preservation of safe vehicular travel on and along any public road or street adjacent to or along any natural preservation area. Such signs, stickers or placards shall contain text reading substantially as follows: "Village of Homer Glen — Natural Preservation Area. Contains native wildflower and prairie plant species. Destruction, cutting, mowing or disturbing of plant life in a natural preservation area is prohibited by ordinance. WARNING: Any person or entity found to have destroyed, cut, mowed or disturbed plant life in a natural preservation area or to have altered, defaced, removed or tampered with any sign, sticker or placard indicating or designating a natural preservation area shall, upon conviction, be fined in an amount of up to $1,000." No person or entity shall remove, alter, deface or otherwise tamper with any such signs, stickers or placards.

Intergovernmental cooperation. The Village President or his or her designee shall, at his or her discretion, be permitted to negotiate intergovernmental agreements with other governmental entities having jurisdiction over roads and streets within the Village of Homer Glen, on such terms and conditions as he or she may deem desirable, so as to cause public vehicular rights-of-way under the jurisdiction of such other governmental entities containing native wildflowers or plants of comparable interest, diversity, quality and predominance as those Village of Homer Glen rights-of-way hereinabove designated as natural preservation areas to be similarly designated and recognized by, and to receive similar protection from, such other governmental entities.

Annual review. Not less frequently than annually, the Village Board of Trustees of the Village of Homer Glen shall review the provisions of this section and shall consider such amendments as may be necessary thereto from time to time to designate other and further natural preservation areas within any publicly dedicated or prescriptively acquired vehicular rights-of-way within the Village of Homer Glen.

Penalty. Upon conviction of any violation of the provisions of this section, any person or entity who or which violates any provision of this section shall be fined in an amount not to exceed $1,000 for each violation.

Tree preservation.

Findings and purpose.

The Village Board recognizes that trees are unique, intrinsically significant and valuable assets in and to the Village of Homer Glen.

The Village has determined that trees are unique, intrinsically significant and valuable assets. Due to their size, species, historic association and ecology, they contribute significantly to the health and general welfare of the citizens of a community.

While allowing for reasonable improvement of land within the Village, it is the policy of the Village to enhance the tree population and to maintain and protect, to the greatest extent feasible, existing trees within the Village.

The planting of additional trees and the preservation of existing trees in the Village provides the following benefits to the Village and its citizens:

Trees enhance the unique physical, historical and aesthetic character of the Village.

Trees aid in controlling stormwater runoff, stabilizing soil by preventing erosion and sedimentation and replenishing groundwater supplies.

Trees enhance air quality by removing carbon dioxide, generating oxygen and filtering air pollutants.

Trees reduce noise through buffering and screening.

Trees reduce energy consumption by providing shade and a windbreak effect.

Trees enhance the habitat and food source for birds and other wildlife, which in turn control insect populations and maintain the balance of natural ecosystems.

Trees enhance property values and create a desirable residential and commercial The Village Board recognizes that a certain amount of trees will be lost as an inevitable consequence of development within the Village.

The Village Board has determined it to be in the best interest of the Village to protect and enhance the existing tree population to the greatest extent feasible and to replace trees which are lost due to development activities.

The Village Board has determined that the adoption and implementation of a tree preservation ordinance will recognize and allow a property owner to develop his or her property in a reasonable manner while protecting the various benefits to the community which are provided through the protection and maintenance of trees within the Village, including, but not limited to, the prevention of soil erosion and sedimentation, improved air quality, reduced noise pollution, energy conservation through natural insulation and shading, enhanced property values, and the preservation and maintenance of the unique physical, historical and aesthetic character of the Village.

Scope.

The Village strongly encourages the preservation of trees on all properties within the Village.

The provisions of this subsection shall apply to the following properties:

Any property being developed which involves a preliminary plat application submitted after March 31, 2006;

Any property being developed pursuant to an application for lot division submitted after March 31, 2006; and

Any parcel or parcels of land of five acres or more in size on which the owner or his or her agent removes or otherwise disturbs significant trees or protected trees in violation of the provisions of § 138-5B(3), Tree removal/disturbance threshold, or in excess of the removal and disturbance thresholds set forth in § 138-5B(3), Tree removal/disturbance threshold, hereof within 24 months prior to the date on which such owner or other applicant files a preliminary plat application or an application for lot division to develop the parcel or parcels. The owner shall be required to comply with the reforestation and restitution provisions of this subsection as if an application identified in Subsections B(2)(b)[1] or [2] above had been submitted to the Village at the time such action was taken.

The provisions of this subsection shall not apply to trees located on a parcel on which a tree farm, nursery, or greenhouse is operated, provided such exemption shall only apply to trees which are considered inventory for said operation and held out for sale in the regular course of business for said operation.

Tree removal/disturbance threshold.

No person shall, prior to the issuance of a grading permit and an erosion control permit, conduct clear- or wholesale tree cutting activities on any property within the Village. A violation of this provision shall constitute sufficient grounds for the Village to refuse to grant a grading permit, erosion control permit or other development permit.

No person causing or performing development in residential zoning districts shall remove or disturb more than 50% of the total inches in diameter of significant trees. Any removal or disturbance beyond this threshold shall require reforestation or restitution.

No person causing or performing development in nonresidential zoning districts shall remove or disturb more than 75% of the total inches in diameter of significant trees. Any removal or disturbance beyond this threshold shall require reforestation or restitution.

No person shall remove or disturb any protected tree unless:

Such tree is located within the area of the property on which there is proposed the construction of physical improvements, including, but not limited to, the building, deck, accessory buildings or structures, porch, patio, driveway, septic field, cavatet, and any utility corridor ("building area"); and

Every effort shall be made to locate the building area so as to avoid damage to or removal of such tree or trees and the owner and applicant have provided the Village with evidence to establish that it is not feasible to relocate the building area based upon the physical characteristics or condition of the lot or that such relocation creates undue hardship and financial expense.

Tree survey/preservation plan. A tree survey and tree preservation plan shall be submitted with all preliminary plat applications and with all lot division applications. The tree survey shall be prepared by a certified arborist and tree preservation plan shall be prepared and signed by a certified arborist not more than two years prior to submission of the complete application and shall provide the following information:

[Amended 2-8-2023 by Ord. No. 23-003]

Location, diameter, condition (per Table 1: Tree Condition Rating Scale) and species of all significant trees on the site, and an identification of all protected trees.

Table 1 Tree Condition Ratng Scale
Rating	Description	General Criteria
1	Excellent	The tree is typical of the species, has less than 10% deadwood in the crown that is attributable to normal causes, has no other observed problems and requires no remedial action.
2	Good	The tree is typical of the species and/or has less than 30% deadwood in the crown, 1 or 2 minor problems that are not imminently lethal to the tree, and no significant decay or structural problems, but the tree may need remedial care above normal care in order to minimize the impact of future stress and to ensure continued health.
3	Fair	The tree is not typical of the species and/or has significant problems such as 30 to 50% deadwood in the crown, serious decay or structural defect, insects, disease or other problems that can be imminently lethal to the tree or create a hazardous tree if not corrected in a short period of time or if the tree is subjected to additional stress.
4	Poor	The tree is not typical of the species and/or has over 50% deadwood in the crown, major decay or structural problems, is hazardous or is severely involved with insects, disease, or other problems that even if aggressively corrected would not result in the long term survival of the tree.
5	Dead	Less than 10% of the tree shows signs of life.

Identification of which significant trees are:

To be protected, preserved or undisturbed;

To be removed or disturbed; and

Exempt from the calculation (as defined in Table 2: Trees Species Exempt from Mitigation).

Identification of all trees which are dead, diseased or have been damaged.

Areas proposed to be designated as natural preserves where all natural vegetation, including significant trees, will be protected and preserved.

Proposed disturbance zones, as identified by cross-hatching or gray-colored shading on the plan.

Location and dimensions of building pads, construction zone for each lot and proposed street layout and grading contours of the site.

Proposed locations and details of tree protection fencing to be installed for all trees to be preserved. No excavation or other activity shall occur within the critical root zone or within the dripline, whichever is greater, of any tree that is to be preserved.

Calculation of removed or disturbed significant tree and protected tree inches on the site (excluding exempt tree inches) divided by the total significant tree and protected tree inches on the site (excluding exempt tree inches).

Trees exempt from mitigation.

No replacement trees shall be required for trees that are in poor condition or dead, as defined in Table 1, "Tree Condition Rating Scale," of this section.

The species listed in Table 2: Tree Species Exempt from Mitigation.

Table 2 Tree Species Exempt from Mitigation
Common Name	Scientific Name
Ash, Green	Fraxinus pennsylvanica
Buckthorn, common	Rhamnus cathartica
Elm, American	Ulmus americana
Elm, Siberian	Ulmus pumila
Locust, Black	Robinia pseudoacacia
Maple, Boxelder	Acer negundo
Maple, Silver or	Acer saccharinum
Mulberry, White	Morus alba
Osage Orange	Maclura pomifera
Pear, Bradford	Pyrus calleryana
Poplar, Lombardy	Populus nigra 'Italica'
Poplar, White or Silver	Populus alba
Russian Olive	Elaeagnus angustifolia
Tree of Heaven	Ailanthus altissima
*Any tree listed on the current Illinois Species of Special Concern list (invasive) is also exempt from mitigation.

Reforestation/restitution requirements.

If the amount of significant tree or protected tree inches to be removed or disturbed exceeds the specified threshold, the owner or applicant shall provide a reforestation plan, or a calculation of restitution, or a combination thereof. If the owner or applicant causes or performs development in such a manner as to remove or cause the removal or disturbance of less than: 1) 25% of the total inches in diameter of all significant trees and protected trees on a property within a residential zoning district; or 2) 12 1/2% of the total inches in diameter of all significant trees and protected trees on a property within a nonresidential zoning district, and provided such significant trees and protected trees are not located in an area which is otherwise unbuildable, the owner or applicant shall be entitled to reduce the amount of landscaping required under Village ordinances in connection with the development of the property by a percentage determined as follows; provided, however, such credit shall only apply to requirements for internal landscaping and shall not apply to landscaping requirements for areas in and along rights-of-way or lot lines:

For property in a residential zoning district: 25% minus the percentage of total inches in diameter of all significant trees and protected trees removed or disturbed; or

For property in a nonresidential zoning district: 12 1/2% minus the percentage of total inches in diameter of all significant trees and protected trees removed or disturbed.

If a proposed development exceeds the allowable removal/disturbance threshold specified in § 138-5B(3)(b) or (c), Tree removal/disturbance threshold, as applicable, the owner or developer shall either reforest appropriate areas within the site (or, upon approval of the Village, outside the site if appropriate locations within the site are not available) or pay restitution in accordance with the provisions hereof, or provide a combination thereof. For each 1.0 tree inch that is removed or disturbed beyond the threshold, owner or applicant shall replant 1.25 inches of new trees or provide the Village with $125 in restitution. Notwithstanding the foregoing, for each one tree inch of a tree that is described in § 138-5B(3)(d), Tree removal/disturbance threshold, the applicant shall replant two inches of new trees of the same type and species or provide the Village with $250 in restitution. Restitution shall be paid to the Village in cash prior to the Village's release of the signed final plat for recording, prior to approval of a minor subdivision in the event a final plat is not required, or at the time of building permit application in the event a final plat is not required or a minor subdivision is not involved. Any restitution paid shall be placed in a designated Community Planting Fund of the Village and shall be used for reforestation projects in the Village.

A reforestation plan shall be prepared and signed by a registered landscape architect or forester and shall comply with the following criteria:

The plan shall indicate the location and diameter or height of all trees to be planted.

No more than 10% of the trees to be planted may be from any one plant family unless recommended by the Village Forester. Trees shall be selected from the Approved Native Tree List and Approved Native Shrub List or the Approved Non-Native Tree/Shrub List; Approved Evergreen, Ornamental and Small Trees. Trees which are proposed to be located adjacent to or under utility lines shall be selected from the Recommended Trees for Planting Under Utility Lines List. Trees which are proposed to be located in right-of-way areas or within 20 feet of a right-of-way shall be selected from the Recommended Street Tree List. The Village Forester shall have the authority to permit the planting of trees or shrubs other than those set forth in the foregoing approved lists. In addition to the approved lists, the Trees Not Recommended for Planting List and Noxious Plant Material List is on file with the Development Services Director.

Plantings shall be of similar vegetation as found on the site, with a preference for plantings designated as native to the site.

The minimum planting size for deciduous trees shall be 2.5 inches in diameter, and the minimum planting size for coniferous trees shall be eight feet in height, except that up to 15% of the required tree inches may be of ornamental species of a lesser size, provided the required number of replacement inches is maintained.

Plan review.

The tree preservation plan and any related reforestation plan or calculation of restitution shall be reviewed and evaluated by the Village Forester. The Village Forester may make recommendations for adjustment of locations of structures, roadways, utilities, and for replanting and other elements that may be necessary to enhance tree preservation and reforestation efforts.

A tree preservation plan and reforestation plan, including the designation of any natural preserves, shall be considered for approval or denial by the Village Board as part of the review of a preliminary plat. A tree preservation plan and reforestation plan shall be considered for approval or denial by the Zoning Administrator as part of the review of a minor subdivision.

A tree preservation plan and reforestation plan may be amended after it has been approved. The Zoning Administrator shall have authority to approve amendments, except that a change resulting in removal of more than 5% of the significant tree inches that were shown as preserved on a Village Board approved tree preservation plan shall require further review by the Village Board. As part of any amendment to a tree preservation plan, the required reforestation and/or restitution shall be increased or reduced as appropriate. Requests for amendments shall be submitted prior to removal of any trees shown as preserved on an approved plan.

Performance guarantee.

Tree guarantee. Replacement trees must be planted within 12 months of the issuance of a grading permit or building permit if no grading permit is issued, unless such time is extended by the Village Manager. The owner or applicant shall guarantee all trees planted pursuant to the reforestation plan for a period of one year from the date of planting. If a tree planted pursuant to the reforestation plan dies within one year from the date of planting, the owner shall remove the tree and plant a replacement tree, which shall likewise be guaranteed for a period of one year from the date of its planting.

Following approval of the tree preservation plan, but prior to issuance of a grading permit or building permit if no grading permit is required, the owner or applicant shall provide a financial guarantee in the form of a cash escrow or letter of credit to guarantee performance in accordance with the tree preservation plan and the reforestation plan, if applicable. The guarantee amount shall be included as part of required security for public improvements.

The amount of the financial guarantee shall be calculated as follows: 25% of the total significant tree and protected tree inches shown as preserved that are located within 15 feet of a disturbance zone multiplied by $125 per inch, plus 100% of the total tree inches required by the reforestation plan, if applicable, multiplied by $125 per inch. The minimum financial guarantee shall be $1,000. The amount of the financial guarantee shall be maintained at the calculated level until such time as:

All trees on the site (preserved trees and new reforestation trees) have survived a winter season, which is defined as the period October 31 through April 30 for the purpose of this section; and

The Village has inspected the site and authorized a reduction or release.

Inspection and enforcement of preservation and reforestation plan; penalty.

Prior to removal of any trees and prior to issuance of a grading permit, or prior to commencement of any grading operations if no grading permit is required, or prior to issuance of a building permit if no grading operations are required, all sites shall be staked and fenced for tree preservation pursuant to the approved tree preservation plan. A copy of the approved tree preservation plan shall be submitted with an application for a grading permit or with an application for a building permit if no grading permit is required. The tree preservation plan shall also indicate any reforestation trees to be planted on the site. Upon staking of the site and installation of the tree protection fencing, but prior to issuance of any permits or commencement of any grading operations, the owner or applicant shall contact the Village Forester to schedule an inspection of the staking and fence installation on the site. No construction activity, movement, parking, and/or placement of vehicles, equipment or material or spoil storage shall be permitted within the area for tree preservation. No excavation or other activity shall occur within the area encompassed by the dripline or critical root zone, whichever is greater, of any tree that is to be preserved. No excess soil, additional fill, liquids, or construction debris shall be placed within the area encompassed by the dripline or critical root zone, whichever is greater, of any tree that is to be preserved. No permits shall be issued, nor shall any grading operations commence, without first receiving authorization by the Village Forester. Tree protection fencing shall be installed prior to commencement of clearing or excavation activities and shall remain in place until after the certificate of occupancy is issued for the building on the site. Tree protection fencing shall be installed and maintained in accordance with the Tree Protection Detail on file with the Development Services Director. In addition to the tree protection fencing, a protective sedimentation fence shall be installed at the dripline of all significant trees or protected trees which are located downgrade of any clearing, excavation and/or construction activity.

Upon completion of the preliminary site grading operations, but prior to any further issuance of permits upon the site, the owner or applicant shall contact the Village Forester to schedule a second inspection of the site to verify the preservation of trees, as shown on the approved tree preservation plan. No additional permits shall be issued for any property within the plat until a fine of $150 per tree inch is paid for the disturbance of all significant tree inches that have not been protected, but were shown as protected on the approved tree preservation plan. Any such fines collected shall be placed in the Community Planting Fund and shall be used for reforestation projects in the Village.

Prior to issuance of a certificate of occupancy, the owner or applicant (or builder if different from the owner or developer) shall contact the Village Forester to schedule a final tree preservation inspection to verify the preservation of trees and the planting of any reforestation trees, as shown on the approved tree preservation plan. This required inspection shall be made at least five working days before the certificate of occupancy is requested. Prior to issuance of a certificate of occupancy, a fine of $150 per inch shall be paid for the disturbance of all significant tree and/or protected tree inches that have not been protected, but were shown as protected on the approved tree preservation plan. Any such fines collected shall be placed in the Community Planting Fund and shall be used for reforestation projects in the Village.

Stop-work order.

Tree removal has been undertaken in violation of this subsection; or

The required protective fencing has been damaged, destroyed, removed or otherwise rendered ineffective for the purpose for which it was required; or

The person performing tree removal has failed to post the appropriate performance guarantee required by § 138-5B(7), Performance guarantee); or

The necessary precautions as specified in the tree preservation plan were not undertaken before construction or tree removal commenced, and/or disturbance to significant trees or protected trees has occurred or is likely to occur during construction.

The stop-work order shall be in effect until such time as the permittee complies with the appropriate regulations or, in the case of existing or likely disturbance to significant trees, takes corrective action acceptable to the Village to mitigate any damage to such significant trees. The fee for inspections required for issuance of an order to remove a stop-work order shall be as set forth in Chapter 114, Fees, Article II, of the Village Code. Notwithstanding the payment of the aforesaid fee and the removal of a stop-work order issued hereunder, the person or entity to whom such order was directed as well as the owner of the property on which the tree or activity upon which the stop-work order was based shall remain fully liable for the payment of all otherwise applicable permit fees, and responsible to take all tree protection, tree replacement and other activities otherwise required by this subsection.

Any person found to have violated any of the provisions of this subsection shall, upon conviction thereof, be fined in an amount of not less than $250 and not more than $1,000. A separate violation of this subsection shall be deemed to have been committed on each day during which a violation occurs or is permitted to continue. In addition, such person shall be required to comply with the provisions of this subsection relating to reforestation.

The Village shall have the right to seek injunctive relief from a court of competent jurisdiction to enjoin any acts or actions relating to the removal or threatened removal of significant trees in violation of the provisions of this subsection.

Appeals. The owner or applicant may appeal in writing to the Village Manager or his or her designee any decision made by the Village under the provisions of this subsection within 30 days of such decision being rendered. If the owner or permittee is not satisfied with the decision made by the Village Manager, the owner may appeal in writing to the Village Board of Trustees within 30 days of the decision being rendered by the Village Manager.

Conservation subdivisions.

Finding and purpose.

The Village Board has determined it to be in the best interests of the Village to promote the health, safety and welfare of the community by encouraging environmentally responsible development through the application of flexible land development techniques while protecting for the property owner development rights that would otherwise be available under conventional zoning for the property.

The Village Board has determined that the implementation of conservation design standards and procedures within the Village will encourage more efficient use of land and public services through unified development that will protect biodiversity, encourage development which conforms to the Village's Comprehensive Plan and goals relating to the preservation of open space, conserve community resources, preserve natural areas, and protect health, safety and welfare of the community.

The Village Board has determined it to be in the best interests of the Village to create a Residential Conservation Overlay District and adopt the conservation design standards and procedures set forth herein to maximize the achievement of the foregoing objectives in addition to the following purposes:

To provide a residential zoning district that permits flexibility of design in order to promote environmentally sensitive and efficient uses of the land;

To preserve unique or sensitive natural resources such as groundwater, floodplains, wetlands, streams, steep slopes, woodlands and wildlife habitat;

To preserve important historic and archaeological sites;

To permit clustering of houses and structures on less environmentally sensitive soils which will reduce the amount of infrastructure, including paved surfaces and utility easements, necessary for residential development;

To reduce erosion and sedimentation by minimizing land disturbance and removal of vegetation in residential development;

To promote interconnected greenways and corridors throughout the community;

To promote contiguous greenspace with adjacent jurisdictions;

To encourage street designs that reduce traffic speeds and reduce the number of access points on main arteries;

To promote construction of convenient landscaped walking trails and bike paths both within the subdivision and connected to neighboring communities and businesses; and

To conserve scenic views and reduce perceived density by maximizing the number of houses with direct access to and views of open space.

Creation of overlay district. There is hereby created the Residential Conservation Overlay District (RCO-1). Subdivisions developed pursuant to the provisions of this subsection may be referred to as "conservation subdivisions."

Purpose. In addition to achieving the purposes and objectives set forth in § 138-5C(1), Findings and purpose, the RCO-1 is intended to encourage residential development that conforms to the type, density and physical design described in the Village's Comprehensive Plan and which would conform to the Village goals of preserving open space as outlined in the Village's Green Vision Plan. It is the intent of this overlay district to encourage more efficient use of land and public services through unified development that will protect biodiversity, to foster an open space network, as part of the developing network of subdivisions that are purposely linked together, to permit the preservation of habitat for wildlife, provide for local and regional recreational trails, allow for the conservation of hilly areas, wetlands, prairies, wooded regions, other unique areas, and for the perpetuation of the diversity of the natural ecological systems.

Applicability.

All residential subdivisions in the following zoning districts shall be developed as conservation subdivisions in accordance with the provisions of this subsection unless exempted from this requirement under § 138-5C(5), Exempt subdivisions:

Any such development shall comply with all other provisions of Chapter 220 (Zoning Code), of the Village Code, the Subdivision Ordinance, and all other Village ordinances, except to the extent otherwise specifically provided herein. The provisions of this subsection shall be considered to be supplemental standards and requirements applicable to any such development. In the event of a conflict between the provisions of this subsection and any provisions in Chapter 220 (Zoning Code), the Subdivision Ordinance or other Village ordinances, including but not limited to ordinances relating to landscaping and tree preservation, the provisions of this subsection shall apply to such development.

Exempt subdivisions. Any subdivision that meets one or more of the criteria below shall be considered exempt from this subsection:

The subdivision shall consist of a total land area of 10 acres or less, exclusive of roads or easements of access.

The subdivision shall consist of lots, each of which has a minimum land area of 1.5 acres in size or greater, exclusive of roads or easements of access.

Notwithstanding any of the exemptions listed above, a development of any type may voluntarily choose to comply with the standards contained in this subsection for design of a development.

Continuation of uses. Any uses listed as permitted uses, accessory uses, special uses and prohibited uses in the underlying zoning district applicable to such site shall continue in the same manner upon approval of the RCO-1 District for such site.

Application and design process.

Site analysis. The applicant shall perform and submit to the Village a site analysis for the purpose of determining what existing conditions or features located on the site are desirable to preserve as part of the required open space percentage and identify those conditions or features which present obstacles that must be considered and overcome in the proposed design. The site analysis shall include an inventory of existing conditions or features of the site. The inventory of existing conditions or features shall include all natural and man-made features located on the site. If available, the applicant shall utilize the officially adopted Village Geographical Information System (GIS) maps of the environmental conditions and features present on the site and adjacent properties.

At minimum, the site analysis shall include a map(s) at a scale of no less than one inch equals 100 feet that depicts the following.

A topographic survey that extends a minimum of 200 feet outside the boundaries of the site with a vertical contour interval of two feet or less identifying all areas with slopes of more than 12%, including the location of all property lines and easements.

An analysis of existing drainage patterns and drainage divides, including any floodplain and wetland areas and a topography map indicating in what drainage area the site is located.

A delineation of all "woodlands" at the dripline that form a biological community dominated by trees having an average canopy height greater than 20 feet and other woody plants covering a land area of at least 10,000 square feet and generally characterized by a tree density of 100 or more trees per acre with at least 50% of such trees having a diameter at breast height (4.5 feet above ground level) of two inches or greater. An orchard or tree nursery is not considered a "woodland" for purposes of this section. The predominate species within the woodland shall be identified.

The location of all protected trees (as defined in § 138-5B, Tree preservation, of this chapter, as amended from time to time) on the site. For purposes of this subsection, a specimen tree is a tree in good health that is of unusual or exceptional form, size, age or shape for its species and/or occupying a significant position within the site. (Individual specimen trees should be identified as to species, size and health.)

A vegetation analysis identifying the hedgerows, meadows and prairies. Vegetation should be identified as evergreen or deciduous, with the relative health and condition indicated. The predominant species of vegetation in a hedgerow should be identified.

General soil types, highlighting hydric soils.

The boundaries and characteristic of any primary or secondary environmental corridor and isolated natural resource area as identified in the Village Comprehensive Plan, the Village Green Vision Plan or other appropriate plan or ordinance adopted by the Village shall be indicated.

The location of any historic or cultural features.

The location of all existing buildings and structures, indicating their use and condition.

The location and classification of all existing streets adjacent to the site.

The use and existing conditions of all other properties surrounding the site within 200 feet, identifying any potential open space or trail connections.

Upon review, Village Staff may require that additional areas be included or that additional information be provided to supplement the above minimum requirements.

Delineation of preservation areas. Upon an applicant's receipt of notice that the applicant's site analysis has been approved, the applicant shall determine the areas within the property to be set aside and protected as preservation areas.

Preservation areas are those portions of the site that shall be set aside for permanent protection.

Preservation areas shall include:

All areas that are protected through local, state, and federal regulations, such as floodplains, floodway and wetlands;

Environmentally sensitive areas that connect to a Village, Township or Village park or forest preserve; and

The area of woodlands at the dripline, structures and features of the site that contribute to the country-like character of the site.

Site capacity.

Calculation of the site capacity (or the number of dwelling units permitted) shall be based upon net buildable acreage as determined herein. The applicant shall determine the net buildable acreage using the following method, substantiated by sufficient plans and data to verify such calculations. (Note: all calculations shall be to two decimal places.)

The maximum number of lots that a site may be developed with is determined by dividing the net buildable acreage by the permitted minimum lot size for the underlying zoning district, as set forth in Chapter 220, Zoning. The maximum number of lots shall be subject to modification based upon the design requirements set forth in § 138-5C(8). All fractional numbers of lots shall be rounded to the nearest whole integer. For purposes of calculating site capacity, where two or more categories overlap, the overlapping acreage shall be counted only once using the more restrictive classification.

Sketch plan. The applicant shall prepare a preliminary sketch plan depicting the number and design of lots within a proposed subdivision. The sketch plan shall reflect the delineation of the preservation areas identified and approved by the Village of Homer Glen. The preliminary sketch shall list all modifications being sought from the Village of Homer Glen ordinances and be subject to the development and design.

Review procedure. The procedure for the review of the proposed conservation subdivision and any plats relating thereto shall follow the provisions set forth in the Village Subdivision Ordinance.

Development and design standards.

The following standards shall apply to a conservation subdivision:

Lot requirements.

The actual minimum lot size permitted shall be as follows:

District	Minimum Lot Size
R-1 Single-Family Residence	40,000 square feet, well and septic 30,000 square feet, sewer and water
R-2 Single-Family Residence	20,000 square feet
R-2A Single-Family Residence	17,000 square feet
R-3 Single-Family Residence	14,000 square feet
R-3A Single-Family Residence	12,000 square feet
R-6A Multifamily Residence	Minimum lot size not applicable

Bulk requirements.

The building setback, bulk requirements and lot coverage for all principal buildings located in a conservation subdivision shall be as follows unless otherwise approved by the Village.

Front yard setback: 30 feet from property line.

Side yard setback: 10 feet from property line.

Rear yard setback: 30 feet from property line.

Minimum lot width: 80 feet measured at front of lot.

Cul-de-sac lot width: 60 feet measured at front of lot.

Maximum height: 35 feet.

[vii]

Lot coverage: 40%.

Accessory buildings shall follow the bulk requirements listed for the R-3A Zoning District.

Not less than 90% of the lots within the subdivision shall directly abut part of the open space located on a separate lot. Open space across a street shall not satisfy this requirement.

All residential clusters shall comply with the following:

Each cluster shall contain no more than 20 dwelling units and no fewer than five dwelling units.

Each cluster shall be located to minimize the impact and degradation of the environmental features of the site.

Each cluster shall connect with existing or potential open space lands and/or local or regional trails.

No lot within a cluster (or unit in the case of a condominium development) shall be located closer than 20 feet to any perimeter boundary of the site.

Lots shall be clustered and configured to minimize the amount of road length required except as may otherwise be required by the Village of Homer Glen.

All lots shall take access from interior local streets and not from arterial or collector streets bordering the subdivision.

Except as permitted for the R-1 Single-Family Residence District, all conservation subdivisions shall be developed with public sanitary sewer and water services.

If a lot is located within designated preserved woodland area, the individual building envelope shall be configured to minimize the loss of woodlands.

A minimum thirty-foot vegetative/landscaping buffer contained in a separate lot shall be maintained around the exterior of the development on all sides that abut a dedicated roadway. The views and appearance of the development from arterial and collector streets shall minimize the appearance of the subdivision. A trail or sidewalk shall be constructed within this buffer area that shall connect to any neighboring trails or sidewalks. If large enough, this buffer area may count as part of the required open space area.

Street requirements.

All streets, whether publicly dedicated or private, shall be developed to the standards specified in the Village of Homer Glen Subdivision Ordinance unless modified as below:

The width of any interior secondary street right-of-way may be 60 feet unless the Village Engineer requires a greater width.

The width of any interior secondary street within a conservation subdivision shall be 28 feet as measured from edge of pavement to edge of pavement, with parking limited to one side of the street, unless the Village Engineer requires a greater width. All streets within a conservation subdivision shall be developed with curb and gutter drainage and best management practices for stormwater management, except that such subdivision or parts thereof may be developed with a rural open ditch design which incorporates the use of best management practices upon approval of the Village Board.

Sidewalks/trails shall be constructed on only one side of all interior secondary streets unless the Village Board requires walks on both sides.

Stormwater requirements.

All stormwater management shall use best management practices to minimize the effects of stormwater runoff.

The required stormwater management area may be included within the required open space area if the stormwater management area is configured and developed with wetland plantings and fits into the overall appearance of the open space as determined by the Village.

All stormwater detention/retention management areas shall be developed on a separate lot that is not part of an individual building lot and shall be owned and maintained by the homeowners' association for the subdivision.

Park requirements.

The Village may elect to require that additional land be set aside for a "park area" as may be indicated by a Village of Homer Glen Master Park Plan. Any park area that is to be given to a public entity shall not be counted as part of the required open space area. If a park area is not required, the developer shall be required to submit a fee in lieu of the area as required by § 138-4E, of the Village Code.

Any park area that may be required shall consist of land that can be developed as an active recreational use. This use may include a variety of uses, including playgrounds, ball fields, etc.

All park areas shall be fully developed within three years of the start of the development unless additional time is granted by the Village of Homer Glen.

Open space requirements.

All designated open space parcels shall be subdivided and protected from construction activities through the use of construction and silt protection fencing prior to the start of any construction, earth excavation, clearing or grubbing activities on the site.

The percentage of the site devoted to open space shall meet the following minimum percentage of the gross land area of the site:

District		Minimum Percentage of Gross Land Area
R-1 Single-Family Residence
	Well and septic	30%
	Sewer and water	50%
R-2 Single Family Residence		50%
R-2A Single-Family Residence		50%
R-3 Single-Family Residence		30%
R-3A Single-Family Residence		20%
R-6A Multifamily Residence		20%

The following areas may be located within and counted as a part of the open space areas: floodplain, wetland areas, areas of greater than 12% slope, ponds and lakes, stormwater management areas if such area is configured and developed with wetland plantings and fits into the overall appearance of the open space as determined by the Village, walking or bicycle trails, parking areas and roadways providing access to those parking areas providing access to the open space, private buildings and structures accessory to the use of the open space, areas encumbered with utility easements and easements for drainage which are not located on lots on which a residential structure will be located, provided such areas are otherwise developed in accordance with the Village's Master Park Plan or are developed consistent with the character of other areas of open space on the site, and preservation areas.

Road rights-of-way and private roadway easements and parking lots shall not be counted as part of the open space areas [other than as approved in § 138-5C(8)(e)[3] above].

The following requirements apply to open space in a conservation subdivision:

At least 80% of the open space area shall be configured as a single whole, not including any trails to individual lots unless approved by the Village of Homer Glen. Any trails to individual lots shall be on outlots a minimum of 20 feet wide. Any trails or open space areas that are less than 50 feet wide or areas that the Village staff determines to be gerrymandered shall not be counted as part of the 80% whole.

At least 25% of the net open space area shall consist of land that is suitable for building.

All open space areas shall be made accessible by the general public whenever possible through the use of trails and other facilities.

The responsibility for maintaining the open space and any facilities located thereon shall be borne by the developer of the conservation subdivision for a period of five years from the start of construction or for a shorter period of time if agreed to by the Village of Homer Glen, at which time the responsibility for maintenance and title to the open space areas shall be given to the Village of Homer Glen at no charge free and clear of all liens and encumbrances. At the request of the Village of Homer Glen, in addition to the dedication language hereinafter required on the final plat, the developer shall convey the open space to the Village of Homer Glen by a recordable quit claim deed. If the required three-year period has not passed, the developer shall post a letter of credit with the Village of Homer Glen at the time of issuance of building permits for 80% of the dwelling units in the development or when the developer sells his or her last lot in the development to secure the developer's open space maintenance obligation. The letter of credit shall be in an amount equal to 110% of the cost of maintaining such open space for the remainder of the five-year period. All adopted final development plans shall indicate that the open space is "to be dedicated" and provide the Village of Homer Glen an easement for access and maintenance purposes. The Village shall have no obligation to accept title to the open space unless and until such open space is in full compliance with the provisions of this subsection and any conditions placed on the open space through the approval of the development. Upon such conveyance, the Village of Homer Glen shall continue to hold and own said property as open space, provided such open space can be developed at the Village's discretion with uses accessory to or consistent with the objectives of this subsection or with the objectives of the Village of Homer Glen Parks Master Plan.

The applicant shall submit a plan for management of open space and common facilities, including the plan for the improvement or enhancement of the open space.

Modification.

Purpose of modification. The modification process is intended to provide limited relief from the requirements of this subsection in those cases where strict application of those requirements will create a practical difficulty or particular hardship prohibiting the use of land in a manner otherwise allowed under this subsection. It is not intended that modifications be granted merely to remove inconveniences or financial burdens that the requirements of this subsection may impose on property owners in general. Rather, it is intended to provide relief where the requirements of this subsection render the land difficult to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the modification is requested.

Application; notice of hearing; procedures.

An application for a modification shall be filed in writing with the Development Services Director listing all modifications and the section of this subsection pertaining to the modification. The application shall contain such information as the Plan Commission may require.

The Plan Commission, after a public hearing, may recommend to the Village Board the modification of the regulations of this subsection. The Plan Commission shall make recommendations only in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the standards and regulations of this subsection relating to the use of land in harmony with the general purpose and intent of this subsection, only where such Plan Commission makes findings of fact in accordance with the standards set forth herein; and, further, finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this subsection. The Plan Commission may recommend to the Village Board imposition of such conditions and restrictions upon the site as may be necessary to otherwise comply with the standards set forth herein, to reduce or minimize the effect of such modification upon other property in the neighborhood and to implement the general purpose and intent of this subsection. Publication shall be made in the same manner as provided for variations in Chapter 220, Zoning.

The Village Board may grant or deny the application for a modification. If the application is not acted upon finally by the Village Board within 120 days of the date the Village Board receives the Plan Commission's recommendation, and such time is not extended by mutual consent of the Village Board and petitioner, the application shall be deemed to have been denied.

Standards for modifications.

The Plan Commission shall not vary the provisions of this subsection as authorized unless it has made findings based upon the evidence presented to it in the following cases:

That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone;

That the plight of the owner is due to unique circumstances; and

That the modification, if granted, will not alter the essential character of the locality and will not frustrate the general purpose of this subsection.

A modification shall be recommended to the Village Board only if the evidence, in the judgment of the Plan Commission, sustains each of the three conditions enumerated in § 138-5C(9)(c)[1] above (Standards for modifications).

For the purpose of supplementing the above standards, the Plan Commission, in making its determination, may also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

That the particular physical surroundings, shape or topographical conditions of the specific property involved will bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations was carried out.

That the conditions upon which the petition for modification is based would not be applicable, generally, to other property within the same zoning classification.

That the purpose of the modification is not based exclusively upon a desire to make more money out of the property.

That the alleged difficulty or hardship has not been created by any person presently having an interest in the property.

That the granting of the modification will not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood in which the property is located.

That the proposed modification will not impair an adequate supply of air to adjacent property, substantially increase the danger of fire, otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood.

Conditions. The Plan Commission may require such condition and restrictions upon the premises benefited by a modification as may be necessary to comply with the standards set forth in this section to reduce or minimize the effect of such modification upon other property in the neighborhood, and to implement the general purpose and intent of this subsection.

Authorized modifications. Modifications from the regulations of this subsection shall be granted by the Plan Commission only in accordance with the standards set forth in this section and may be granted only with respect to the standards set forth in § 138-5C(8), Development and design standards, of this subsection.

Effective period. No order of the Plan Commission granting a modification shall be valid for a period longer than one year from the date of such order unless a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period. The Plan Commission may grant one extension of this period, valid for no more than 180 additional days, upon written application and good cause shown, without notice or hearing. If any of the benefits conferred by any modification, whether heretofore or hereafter granted, are abandoned, or are not utilized for any continuous period of one year, said modification shall, to the extent of such abandonment or nonutilization, become invalid after a public hearing is provided herein.

§ 138-6 Stormwater management.

[Amended 2-13-2019 by Ord. No. 19-005]

The Village of Homer Glen reaffirms that it is subject to the provisions of the Will County Stormwater Management Ordinance dated November 15, 2018, and as amended from time to time. Further, the Village of Homer Glen adopts the provisions of the Will County Stormwater Management Ordinance and expressly states that in any cases where the Village Code and Will County Stormwater Management Ordinance are in conflict, the more restrictive of the two shall be the governing regulation, including specifically § 138-1B(11), "Flood Protection Elevation (FPE)"; § 138-6N(1); and § 138-6K(5)(b).

Authority and title.

Authority. This section is enacted pursuant to the Village's home rule power and the police powers granted to the Village by 65 ILCS 5/1-2-1, 5/7-4-4, 5/11-12-12, 5/11-30-2, 5/11-30-8, 5/11-31-2, 5/11-111.1-1 and 5/11-104-1.

Title. This section shall be known and may be cited as the "Village of Homer Glen Water Resource Management Ordinance."

Purpose.

Purpose and intent. It is the purpose and intent of this section to:

Promote the health, safety, and general welfare of the present and future residents of the Village of Homer Glen and downstream drainage areas. This shall be accomplished through the preservation and enhancement of the quality of surface waters and the wise utilization of water and land resources;

Promote effective, equitable, acceptable, and legal stormwater management measures by establishing reasonable rules and regulations for development;

Guide, regulate, and control the design, construction, use, and maintenance of any development or other activity which disturbs or breaks the topsoil or otherwise results in the movement of earth on land situated in Homer Glen;

Provide for the protection, preservation, proper maintenance, and use of Village of Homer Glen watercourses, lakes, ponds, floodplain, and wetland areas;

Maintain the Village of Homer Glen's eligibility in the National Flood Insurance Program;

Manage and mitigate the effects of urbanization on stormwater drainage throughout the Village of Homer Glen through planning, appropriate engineering practices and proper maintenance;

Protect from, and reduce the existing potential for, loss of human life, health, safety and property from the hazards of flooding damages on a watershed basis by preserving storm and floodwater storage capacity;

Preserve and enhance the natural hydrologic and hydraulic functions, balance, and natural characteristics of watercourses, floodplains, and groundwater to protect or improve water quality, protect aquatic habitats, reduce flood damages, reduce soil erosion, provide recreational and aesthetic benefits, and enhance community and economic development by storing and providing for infiltration of wet-period runoff in floodplains and wetlands and releasing it slowly to the stream;

Control sediment and erosion in and from stormwater facilities, developments, agricultural fields, and construction sites;

Reduce, protect, and repair stream bank and shoreline erosion;

Require that planning for development provides for water resource management, taking into account natural features such as vegetation, wildlife, waterways, wetlands, and topography in order to reduce the probability that new development will increase flood or drainage hazards to others or create unstable conditions susceptible to erosion;

Maintain and enhance the aesthetic qualities of developing areas;

(m)

Protect environmentally sensitive areas and areas of special recreation, scenic, or scientific interests from deterioration or destruction by private or public actions;

(n)

Protect fish spawning, breeding, nursery, and feeding grounds;

(o)

Require appropriate and adequate provision for site runoff control, especially when the land is developed with a large amount of impervious surface;

(p)

Require the design and evaluation of each site stormwater management plan consistent with watershed capacities;

(q)

Encourage the use of stormwater storage and infiltration of stormwater in preference to stormwater conveyance, including maintaining natural runoff conveyance systems, which minimizes the need for major storm sewer construction and drainageway modification and improves water quality by filtering and storing sediments and attached pollutants, nutrients, and organic compounds before they drain into streams or wetlands;

(r)

Lessen the taxpayers' burden for flood-related disasters, repairs to flood-damaged public facilities and utilities, and flood rescue and relief operations;

(s)

Minimize conflicts and incompatibilities between agricultural and urban drainage systems and maintain agriculture as a viable and productive land use;

(t)

Allow the use of simple technologies whenever appropriate and realistic, but require the use of more sophisticated techniques when necessary to ensure the adequacy of stormwater controls;

(u)

Meet the requirements of 615 ILCS 5/18g of the Rivers, Lakes and Streams Act;

(v)

Make federally subsidized flood insurance available for property in the Village by fulfilling the requirements of the National Flood Insurance Program;

(w)

Comply with the rules and regulations of the National Flood Insurance Program, codified as 44 CFR 59 through 79, as amended;

(x)

Encourage the continued economic growth and high quality of life of the Village of Homer Glen, which depends in part on an adequate quality of water, a pleasing natural environment, and recreational opportunities in proximity to the Village of Homer Glen; and

(y)

Require strict compliance with and enforcement of this section.

This section further is adopted to avoid the following impacts:

Erosion from areas undergoing development for certain nonagricultural uses, including but not limited to the construction of dwelling units, commercial buildings and industrial plants, the building of roads and highways, the modification of stream channels and drainageways, the creation of recreational facilities;

Washing, blowing, and falling of eroded soil across and upon roadways, which endanger the health and safety of users thereof by decreasing vision and reducing traction of road vehicles;

Costly repairing of gullies, washed-out fills, and embankments;

Clogged sewers and ditches and the pollution and siltation of rivers, streams, lakes, wetlands, and reservoirs;

The growth of undesirable aquatic weeds and the destruction of fish and other desirable aquatic life; and

The reduction of the channel capacity of waterways and storage capacity of floodplains and natural depressions, resulting in increased chances of flooding at risk to public health and safety.

Applicability and exceptions.

Exempt and nonexempt activities. This section shall apply to all platted and unplatted lands within the geographic boundaries of the Village of Homer Glen. Unless listed below, all development activities shall comply with the full requirements of this section.

Chapter Section
	Description		§ 138-6K, Stormwater Management	§ 138-6L, Soil Erosion and Sediment Control	§ 138-6M, Stream and Wetland Protection	§ 138-6N, Floodplain
1.	Clearing, grading, stripping, filling or excavating associated with the construction of a single-family residence on a site equal to or greater than five acres		Exempt	Not exempt	Not exempt *STC	Not exempt *STC
2.	Clearing, grading, stripping, filling or excavating associated with the construction of single-family accessory structures on a site equal to or greater than 2.5 acres, provided that the aggregate footprint of the structure and/or additions constructed as of the effective date of this section is equal to or less than 3,000 square feet in area		Exempt	Not exempt	Not exempt *STC	Not exempt *STC
3.	Clearing, grading, stripping, filling or excavating associated with the construction of an addition to an existing residential building or the construction of a single-family residential accessory structure, provided that the aggregate footprint of either as of the effective date of this section is equal to or less than 1,000 square feet in area		Exempt	Not exempt	Not exempt *STC	Not exempt *STC
4.	Clearing, grading, stripping, filling or excavating associated with the agricultural use of land, including the implementation of conservation practices included in a farm conservation plan approved by the Will/South Cook Soil and Water Conservation District, and including the construction of structures used for agricultural purposes		Exempt	Exempt	Exempt	Exempt
5.	Clearing, grading, stripping, filling or excavating associated with the installation, renovation or replacement of a septic system to serve an existing dwelling or structure		Exempt	Not exempt	Exempt	Exempt
6.	Removal of plant cover in an aggregate amount as of the effective date of this section of less than or equal to 5,000 square feet in an area when structures are not involved		Exempt	Not exempt *STC	Not exempt *STC	Exempt
7.	Emergency work necessary to preserve life or property. When emergency work is performed under this section, the person performing it shall report the pertinent facts relating to the work to the Village of Homer Glen within 10 working days after commencement of the work and shall thereafter obtain a permit and shall perform such work as may be determined by the agency to be reasonably necessary to correct any impairment to the watercourse, lake, pond, floodplain or wetland [in terms of the purposes of this section indicated in § 138-6B(1), Purpose and intent].		Not exempt *STC	Not exempt *STC	Not exempt *STC	Not exempt *STC
8.	Lands adjacent to farm ditches if:		Not exempt	Not exempt	Not exempt *STC	Not exempt *STC
	a.	Such lands are not adjacent to a natural stream, river, wetland or high-quality aquatic resources; or
	b.	Those parts of such drainage ditches adjacent to such lands were not streams before it became a ditch;
	c.	Such lands are maintained in agricultural uses without buildings and structures.
	Where farm ditches are found to contribute to adverse environmental impacts or hazards to persons or property, the Village of Homer Glen may include designated farm ditches in the Lowland Conservancy District. The Village of Homer Glen may also require that linings, bulkheads, dikes and culverts be removed to mitigate hazards or that other mitigating measures be taken, such as the maintenance of a natural vegetation buffer strip.
9.	Excavation, fill or any combination thereof which is equal to or less than:		Exempt	Not exempt *STC	Exempt (a and b) Not exempt *STC (c only)	Exempt
	a.	20 cubic yards in volume on a site less than 1 acre;
	b.	40 cubic yards in volume on a site between 1 acre and 2 acres;
	c.	60 cubic yards on a site greater than 2 acres in size.
	Where no structures are involved and the proposed activity is not located within 10 feet from a property line, drainage feature (swale, ditch, creek, etc.), wetland, floodplain or located within an easement. See Chapter 220, Zoning, for setback requirements and applicable restrictions.
10.	Minor development activities where the proposed activity is not located within 10 feet from a drainage feature (swale, ditch, creek, etc.), wetland or floodplain or is located within an easement. See Chapter 220, Zoning, for setback requirements and applicable restrictions.		Exempt	Not exempt *STC	Exempt	Exempt

*Subject to conditions (STC). See appropriate section(s) for requirements.

Site development permits.

Permit required; conditions of issuance.

To ensure that proposed development activity can be carried out in a manner which is compatible and harmonious with the natural amenities and surrounding land uses, a request for a site development permit shall be submitted to and approved by the Village of Homer Glen for any clearing, grading, stripping, excavating, or filling of land, except as otherwise provided in this section. Failure to obtain a site development permit is a violation of this section.

Application for a site development permit shall be made by the owner of the property, or his or her authorized agent, to the Village of Homer Glen on a form furnished for that purpose. Each application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee. Each application shall include certification that any land clearing, construction, or development involving the movement of earth shall be in accordance with the plans approved upon issuance of the permit.

No permit shall be issued unless the Village of Homer Glen finds that:

The development will not detrimentally affect or destroy natural features such as ponds, streams, wetlands, and forested areas (as defined in the Village's other ordinances, including but not limited to § 138-5, Tree preservation, and conservation subdivisions, of the Village Code), nor impair their natural functions, but will preserve and incorporate such features into the development's site;

The locations of natural features and the site's topography have been considered in the designing and siting of all physical improvements;

Adequate assurances have been received that the clearing of the site of topsoil, trees, and other natural features will not occur before the commencement of building operations and only those areas approved for the placement of physical improvements may be cleared;

The development will not reduce the natural retention storage capacity of any watercourse, nor increase the magnitude and volume of flooding at other locations;

The development will not increase stream velocities; and

The soil and subsoil conditions are suitable for excavation and site preparation, and the drainage is designed to prevent erosion and environmentally deleterious surface runoff.

None of the following activities shall commence unless and until a site development permit is granted subject to the provisions of this section:

Clearing or removal of ground cover and/or trees within the Lowland Conservancy Overlay District for any purpose.

Dumping, filling, mining, excavating, dredging, or transferring of any earth material within the Lowland Conservancy Overlay District.

Creation of ponds or impoundments.

Any alterations or improvements in the Lowland Conservancy Overlay District for recreational uses, stormwater management, flood control, agricultural uses, or as scenic features.

This section is not intended to preclude the removal of vegetation (e.g., removal of exotic species or selective thinning in order to increase sunlight penetration) as part of a management program for maintenance and restoration of natural areas.

Review and determination.

Each application for a site development permit shall be reviewed and acted upon according to the following procedures.

The Village of Homer Glen will review each application for a site development permit to determine its conformance with the provisions of this section. The Village of Homer Glen may also refer for review and comments any application to the Will/South Cook County Soil and Water Conservation District and/or any other local government or public agency within whose jurisdiction the site is located. Upon completion of the review, the Village of Homer Glen shall, in writing:

Approve the permit application if it is found to be in conformance with the provisions of this section, and issue the permit;

Approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this section, and issue the permit subject to these conditions; or

Disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.

No site development permit shall be issued for an intended development site unless:

All relevant local, federal and state permits (i.e., for floodplains and wetlands) have been received for the portion of the site subject to soil disturbance;

Proper zoning is obtained for the proposed use; and

The development, including, but not limited to, subdivisions and planned developments, has been approved by the Village of Homer Glen Board where applicable and as defined by Chapter 92, Article II, Commencement of Construction, of the Village Code; or

The proposed development is coordinated with any overall development program previously approved by Village of Homer Glen for the area in which the site is situated.

Expiration of permit. Every site development permit shall expire and become null and void if the work authorized by such permit has not been commenced within 180 days, or is not completed within one year; except that the Village may, if the permittee presents satisfactory evidence that unusual difficulties have prevented work from being commenced or completed with the specified time limits, grant a reasonable extension of time if written application is made before the expiration date of the permit. The Village may require modification of the erosion control plan to prevent any increase in erosion or off-site sediment runoff resulting from any extension.

Retention of plans. When required as part of the submission process, plans, specifications, and reports for all site developments shall be submitted to the Village in a digital form utilizing the latest version of AutoCAD, or other software approved by the Village of Homer Glen. The applicant shall keep a copy of the approved site plan on site for reference at all times during construction.

Appeals.

Village Board authority. The Village Board shall hear and decide appeals from an administrative order, requirement or determination under this section. An appeal taken to the Village Board shall be conducted in the same manner as an appeal taken to the Plan Commission as more fully set forth in applicable sections of Chapter 220, Zoning, Article XII.

Delegation of authority. The Village Board may, by separate ordinance, create and authorize a committee or commission to conduct public hearings to hear and decide appeals from an administrative order, requirement or determination under this section and to make recommendations to the Village Board.

Modifications.

Application for modification.

An application for a modification, signed by the owner or developer of the development to which it relates, shall be filed with the Village. No application for a modification will be accepted for filing unless it relates to a previously or contemporaneously filed application for a site development permit, building permit, development permit or zoning permit. No action will be taken on an application for a modification unless it has been demonstrated that all other requirements of this section and related conditions as placed upon the project by the Village can be met. Where formal modifications are requested, they shall be considered approved after receiving a vote from the Village Board and after the site development permit has been issued. When applicable, the Village shall send a copy of the complete application to the Will County Stormwater Director and to all other communities within the same watershed.

An application for modification shall contain the following information:

The common addresses and legal descriptions of all lands comprising the development;

The names and addresses of all owners of record of the legal title of all lands comprising the development;

If title to any of the land comprising the development is held in trust, the names and addresses of all beneficiaries of the trust;

The names and addresses of the developers of the land, if different from the owner;

The names and addresses of all consultants retained by the developer in connection with the application for a modification;

The names and addresses of all property owners within 250 feet of the property being developed;

The specific feature or features of the development that require a modification;

The specific provision of this section from which a modification is sought and the precise extent of the modification therefrom;

A statement of the characteristics of the development that prevent compliance with the provisions of this section;

A statement that the modification requested is the minimum modification necessary to permit the development; and

A statement as to how the modification requested satisfies the standards set forth in § 138-6F(5), Floodway and floodplain modifications, of this section.

Application fee. With the filing of the application for a modification, the applicant shall pay the fee prescribed by a separate act of the permitting authorities.

Public hearing; notice. After an application for modification is accepted, the Village will schedule a public hearing on the application before the Village Board and notify the applicant, not more than 30 days or less than 15 days before the hearing. When applicable, notice of the hearing shall be sent by first class mail, postage prepaid, to the applicant, to the Will County Stormwater Director, and to all property owners within 250 feet of the development as disclosed in the application. Within the same time period, notice of the hearing shall be published at least once in a newspaper published within the Village of Homer Glen. The notices given under the section shall set forth the common name, address and legal description of the development and a brief description of the modification requested.

Granting of modifications.

The Village Board shall not grant a modification from the provisions of this section for a project unless the modification is consistent with the purpose of this section and meets the following minimum criteria as demonstrated by the applicant based upon substantial evidence submitted at the hearing:

The modification will not increase measurably the probability of flood damage to insurable structures;

The modification requested is the minimum required considering each of the following statements of underlying intent of this section:

Detention of stormwater shall also contribute to the improvement of the quality of stormwater runoff.

The volume of detention storage provided in open-air vegetated facilities is maximized consistent with other land use site constraints, including zoning requirements essential for the proposed development.

Conveyance of stormwater from the project shall not increase peak discharges from existing off-site conveyance facilities beyond design capacity for any storm event from the two-year to the one-hundred-year flood frequency.

High-quality natural areas shall be preserved on the site, including, without limiting the generality of the foregoing, stands of native trees, existing wetlands, natural floodplain storage or other valuable environmental and biological resources;

There are no means other than the requested modification by which the alleged hardships can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development;

The modification is not requested solely for the purpose of increasing the density of the development nor impervious areas on the site;

The modification is not requested solely as a result of economic hardship;

The modification is required due to unique, natural topographical features of the site; and

The applicant's circumstances are not self-imposed.

No modification shall be granted for any development in the regulatory floodway, the effect of which would be to create regulation less restrictive than the federal or state minimum standards applicable to development in such areas.

Floodway and floodplain modifications.

Floodway modifications. No modifications shall be granted for any development located in a designated floodway as defined in § 138-1B.

Floodplain modifications. In addition to meeting the requirements of this section, a floodplain modification is also subject to the criteria outlined in this subsection and shall be demonstrated by the applicant:

Whenever the standards of this section place undue hardship on a specific development proposal, not located in a designated floodway, the applicant may apply to the Village for a modification.

The Village shall review the applicant's request for a modification and may attach such conditions to granting of a modification as it deems necessary to further the flood protection intent of this section.

No modification from the regulations of this section shall be granted unless the applicant also demonstrates that:

The development activity cannot be located outside the SFHA;

An exceptional hardship would result if the modification were not granted;

The relief requested is the minimum necessary;

There will be no additional threat to public health, safety, beneficial stream uses and functions, especially aquatic habitat, or creation of a nuisance;

There will be no additional public expense for flood protection, lost environmental stream uses and functions, rescue or relief operations, policing, or repairs to streambeds and banks, roads, utilities, or other public facilities;

The provisions of § 138-6N(4), Occupation and use of flood fringe areas, of this section shall still be met;

The activity will not violate the applicable regulations as set forth by FEMA and IDNR.

The applicant's circumstances are unique and do not represent a general problem; and

The granting of the modification will not alter the essential character of the area involved, including existing stream uses.

Modifications requested in connection with restoration of an historic site or historic structure as defined in § 138-1B, "historic structures," may be granted using criteria more permissive than the requirements of this section, subject to the conditions that:

The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure; and

The repair or rehabilitation will not result in the structure being removed as a certified historic structure.

Recommendations. In its discretion, the Village Board may authorize a designee to review the application for a modification and present his or her written recommendations to the Village Board at the public hearing. The written recommendations shall be accompanied by written findings of fact with respect to each of the considerations set forth in §§ 138-6F(4), (5) and, if applicable 138-6F(5)(b).

Decision. The Village Board shall grant the modification, grant the modification with modifications or conditions, or deny the modification in writing within 45 days after the date of the public hearing or of any continuation of the public hearing. In the event the Village Board does not act within the time limits set forth herein, the application shall be considered denied.

Conditions.

A modification less permissive than that requested may be granted when the record supports the applicant's right to some relief, but not to the relief requested.

In granting a modification, the Village Board may impose such specific conditions and limitations concerning any matter relating to the purposes and objectives of this section on the applicant as may be necessary or appropriate.

Whenever any modification is granted subject to any condition or limitation to be met by the applicant, upon meeting such conditions, the applicant shall file evidence to that effect with the Village.

Liability.

Disclaimer.

The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study.

Floods exceeding design criteria may occur or flood heights may be increased by man-made or natural causes.

This section does not imply that development, either inside or outside of the SFHA, will be free from flooding or damage.

This section does not create liability on the part of the Village or any officer or employee thereof for any flood damage that results from reliance on this section or any administrative decision lawfully made hereunder.

Indemnification agreement. Prior to issuance of a construction permit, the applicant shall enter into an agreement with the Village of Homer Glen. The agreement will run with the property, and be in a form acceptable to the Village's attorney, indemnifying and insuring the Village of Homer Glen, its officers, representatives or engineers for any damage resulting from development activity on the subject property.

Limits on liability. The permittee shall not be relieved of responsibility for damage to persons or property otherwise imposed by law, and the Village or its officers or agents will not be made liable for such damage by:

The issuance of a permit under this section;

Compliance with the provisions of that permit or with conditions attached to it by the Village;

Failure of Village officials to observe or recognize hazardous or unsightly conditions;

Failure of Village officials to recommend denial of or to deny a permit; or

Exemptions from the permit requirements of this section.

Abrogation and greater restrictions.

Effect on existing covenants. This section is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions.

Conflicting provisions. Where this section and other ordinance, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

County stormwater management ordinance. The Village of Homer Glen is part of Will County and is therefore subject to and under the regulations of the Will County Stormwater Management Ordinance. In any cases where the Village of Homer Glen Stormwater Ordinance and the Will County Stormwater Management Ordinance are in conflict, the more restrictive of the two shall govern.

Submission requirements.

General information required. Each applicant shall submit the following information, where applicable, to ensure that the provisions of this section are met. The submittal shall include sufficient information to evaluate the environmental characteristics of the property, the potential adverse impacts of the development on water resources both on-site and downstream, and the effectiveness of the proposed drainage plan in managing stormwater runoff. The applicant shall certify on the application and any drawings that all clearing, grading, drainage, and construction shall be accomplished in strict conformance with the requirements of this section.

Minimum requirements.

For minor development activity or activity relating to development on a parcel of land that is consistent with the land use specified in an approved stormwater management plan that was developed at the time that the parcel was created, only the following minimum information must be provided by the applicant:

Site plan application.

A paper sketch (digital information is not required) of the proposed development which includes the following:

Floodplains (if any). A potential applicant may review an indication of the floodplain status of a property by visiting the FEMA Map Service Center at http://msc.fema.gov. However, this is only a preliminary indication as the Village must make its own determination.

Easements and buffers (if any).

Erosion control measures to be taken to avoid deposition of sediment onto other properties and/or into storm sewers, drainage channels, lakes, streams, ponds or any body of water.

A copy of the subdivision grading plan, if available.

If there are issues unique to this site such as, but not limited to, a history of drainage or erosion concerns, steep slopes or highly erodible soils, or if the information provided by the applicant causes the Village to require additional information to complete its review; additional information consistent with the further requirements of this section may be requested by the Village and it shall be provided and approved prior to the issuance of any permit.

Basic requirements.

For development activities on parcels five acres or less that do not qualify for the minimum submission requirements above, the applicant must provide the following information, prepared by and bearing the seal and signature of a registered Illinois professional engineer (P.E.), in addition to that information required for minimum submissions:

Topographic map: a topographic survey of the property at one-foot contours under existing and proposed conditions, and areas upstream and downstream, necessary to determine off-site impacts of the proposed drainage plan. As a minimum, this information shall include ground and structure elevations within 100 feet of the subject parcel and/or project. The map shall be keyed to a consistent datum specified by the Village of Homer Glen.

Mapping and descriptions, where relevant, of existing water resource management system features of the property and immediate vicinity, including:

The banks and center line of streams and channels, buffer areas or conservation easements.

Shoreline of lakes, ponds, wetlands, and detention basins and any buffer areas or conservation easements.

Farm drains and tiles where information is available.

Subwatershed boundaries within the property indicating the direction of runoff from the property with designation of receiving storm sewer inlet and/or swale and detention facility.

Watershed soils classifications.

A general description of the predominant soil types on the site, their location, and their limitations for the proposed use.

The property's location within the larger watershed, demonstrating all off-site areas tributary to the property.

Location, size and slope of stormwater conduits and drainage swales.

Sanitary or combined sewers, wells and septic systems.

Depressional storage areas.

Delineation of upstream and downstream drainage features and watershed which might be affected by the development.

Detention facilities with labeled normal water level, high water level, top of berm, location of control structure and type of facility (wet, wetland bottom, dry bottom, etc.).

Roads, streets, other paved areas, and associated stormwater inlets.

Base flood elevation, and designated floodway where identified for the property.

Location of scaled floodplain and regulatory floodway.

[p]

Project benchmark location and datum consistent with Will County.

[q]

Existing and proposed structure locations and foundation elevations, vegetative cover, paved areas, and other significant natural or man-made features on the site and adjacent land within 100 feet of the project site.

Mapping and descriptions, where relevant, of proposed water resource management system features of the development, including:

Location, size and slope of stormwater conduits and drainage swales, including calculations to support ditch sizing, culvert sizing, and other design aspects;

Sanitary or combined sewers, wells and septic systems;

Detention facilities with labeled normal water level, high water level, top of berm, location of control structure and type of facility (wet, wetland bottom, dry bottom, etc.);

Roads, streets, other paved areas, and associated stormwater inlets;

Base flood elevation, and designated floodway where identified for the property;

Location of scaled floodplain and regulatory floodway;

Proposed structure locations (or areas of building pad), garage floor elevations and foundation elevations;

Percent grade of driveways and swales;

Spot elevations at all property and building corners;

Proposed basement floor elevations or indication that no basement is proposed;

Sufficient spot elevations to verify requirements of this section are met;

Retaining wall locations and top and bottom elevations;

Assessment of minor drainage systems, major drainage systems, and emergency overland flow routes that will be impacted by the development;

Location of silt fence, and other erosion and sediment control measures and the note "Erosion and Sediment Control to be applied per the latest edition of Illinois Procedures for Urban Soil Erosion and Sedimentation Control and the Illinois Urban Manual"; and

Signed and sealed drainage certificate.

Environmental features. A depiction of environmental features of the property and immediate vicinity, including the following:

The limits and quality assessment of wetland areas and buffers;

Any designated natural areas and buffers; and

Any proposed environmental mitigation features.

Should the information required per § 138-6I(3)(a)[4] above show impact to any natural area or buffer, the following stream and wetland information shall be provided as specified in the chapter sections cited:

General provisions:

Site development plan: § 138-6M(7), Stream and/or wetland site development plan.

Soil mapping: § 138-6L(2), Design and operation standards and requirements.

Delineation: § 138-6M(8), Requirements for wetlands delineation.

Drainage control plan: § 138-6M(9), Hydrologic controls; drainage control plans.

Site grading and excavation plan: § 138-6M(10), Site grading and excavation plan.

Landscape plan: § 138-6M(11), Native vegetation buffer strip required; vegetation and revegetation/landscape plan.

Justification for watercourse relocation and minor modifications:

Stream modification/relocation plan: § 138-6M(12), Watercourse relocation and minor modifications.

Channel and bank armoring: § 138-6M(15), Criteria for permitting armoring of channels and banks.

Culverts: § 138-6M(16), Criteria for permitting use of culverts.

Mitigation: § 138-6M(19), Stream maintenance easement.

Impact assessment: § 138-6M(18), Impact assessment.

A stormwater pollution prevention plan (SWPPP) to minimize silt load to Village streams and sewers.

These submissions shall be prepared in accordance with the requirements of this section and the standards and requirements contained in the Illinois Urban Manual: A Technical Manual Designed for Urban Ecosystem Protection and Enhancement prepared in 1995 by the Natural Resources Conservation Service for the Illinois Environmental Protection Agency and the Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control prepared by the Northeastern Illinois Soil Erosion and Sedimentation Control Steering Committee and adopted by the Will/South Cook Soil and Water Conservation District, which standards and requirements are hereby incorporated into this section by reference.

The Village may waive specific requirements for the content of submissions upon finding that the information submitted is, in his or her best professional judgment, sufficient to show that the work will comply with the objectives and principles of this section.

Where a proposed development activity occurs on a parcel five acres or less in area, the Village of Homer Glen may waive or simplify any or all of the above submission requirements, provided that the person responsible for any such development shall implement necessary protection measures to satisfy the purpose and intent set forth in Subsection B of this section. (See § 138-6F, Modifications.)

Advanced requirements.

The same information required as basic submission requirements shall be provided by the applicant for properties larger than five acres, where the activity does not qualify as a minor development activity, along with the following additional information for the minor drainage system's design runoff event and the one-hundred-year runoff event of critical duration:

Elevations and maps of one-hundred-year flooding;

Cross-section data for open channel flow paths and designated overland flow paths;

Direction of storm flows;

Flow rates and velocities at representative points in the drainage system;

A statement by the design engineer of the drainage system's provisions for handling events greater than the one-hundred-year event's runoff;

Proposed use of the site, including present development and planned utilization; areas of clearing, stripping, grading, excavation and filling; proposed contours, finished grades, and street profiles; provisions for storm drainage, including storm sewers, swales, detention basins and any other measures to control the rate of runoff, with a drainage area map, indications of flow directions and computations; kinds and locations of utilities; and areas and acreages proposed to be paved, covered, sodded or seeded, vegetative stabilized, or left undisturbed;

Detailed soil mapping obtained from borings per § 138-6L(2), Design and operation standards and requirements;

A copy of the development plan provided in digital format acceptable to the Village of Homer Glen; and

The proposed phasing of development of the site, including stripping and clearing, rough grading and construction, and final grading and landscaping. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of installation of temporary sediment control measurers (including perimeter controls), clearing and grading, installation of temporary soil stabilization measures, installation of storm drainage, paving streets and parking areas, final grading and the establishment of permanent vegetative cover, and the removal of temporary measures.

It shall be the responsibility of the applicant to notify the Village of any significant changes which occur in the site development schedule after the initial erosion and sediment control plan has been approved.

After reviewing the submitted information, the Village reserves the right to request additional information concerning the impacts of storm events of differing frequencies on the proposed developments or adjacent properties.

Additional requirements. Additional submission requirements, as identified in § 138-6K, L, M and N, may be required based on the applicability per § 138-6C and/or the proposed development activity.

Inspections and enforcement.

Inspections during construction. General site grading shall not begin until the applicant's engineer provides record drawings and certifies that necessary detention facilities are in place and operational. The Village's representative may also conduct periodic inspections of the work in progress to be certain that the drainage system is being built as designed. If any violations of the provisions or requirements of this section are noted during such inspections, the Village shall notify the property owner in writing of the items needing correction. The property owner shall have 10 calendar days to make such corrections unless given a specific extension of time in writing by the Village. Failure to complete such corrections within the specified time period shall constitute a violation of this section.

Final inspections. Upon notification by the applicant that any component of the water resource management system (e.g., storm sewerage, stormwater management, permanent erosion control, floodplain management, constructed wetlands, etc.) is completed, the Village shall conduct a final inspection. If the component is found to contain deficiencies that require correction, the Village's representative shall notify the property owner of the necessary corrections. The property owner shall correct such deficiencies within 10 calendar days unless given a specific extension of time in writing by the Village. Failure to make necessary corrections within the specified time period shall constitute a violation of this section.

Routine inspections. For lands platted after the effective date of this section, the owner of all privately owned water resource management systems shall obtain inspection of the facilities by a qualified professional not less often than once per year. A report acceptable to the Village shall be filed with the Village of the results of any inspection accompanied by details of any problems which need correction, and the schedule for the corrections.

Record drawings (as-built plans). After completion of all drainage system improvements, and prior to the final approval, the applicant shall make, or cause to be made, a map showing the actual location and elevation of all inlets, manholes, stubs, storm sewers, detention and/or retention facilities, emergency overflows, outlet control structures, channels, overflow routes, and such other facilities as the Village shall require. This map shall be in a digital form utilizing the latest version of AutoCAD, or other software approved by the Village, and shall bear the signature and seal of an Illinois registered professional engineer. The presentation of this map shall be a condition of final approval of the improvements.

Stop-work orders; revocation of permit.

Site development permit not issued for subject property.

In the event any person has not obtained a site development permit and work controlled by this section has been initiated, a stop-work order shall be issued to prevent further violations of this section. Continuing to work at a site after a stop-work order has been issued is a violation of this section.

Any person, firm, corporation or governmental body not exempted by state law that commences any clearing, grading, stripping, excavating, or filling of land without first obtaining a site development permit from the Village shall be required to obtain an after-the-fact site development permit at a cost that is double the normal fee. After issuance of the site development permit, the person, firm, corporation or governmental body shall correct all violations and complete work in a timely fashion in accordance with the permit, approved plans and this section and is then subject to permit suspension, penalties and other provisions of § 138-6J(5)(b) below and § 138-6J(6), Penalty.

Site development permit issued for subject property. In the event that any person holding a site development permit pursuant to this section violates the terms of the permit, or carries on site development in such a manner as to materially adversely affect the health, welfare or safety of persons residing or working in the neighborhood of the development site or so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the Village may suspend or revoke the site development permit.

Suspension of a permit shall be by a written stop-work order issued by the Village and delivered to the permittee or his or her agent or the person performing the work. The stop-work order shall be effective immediately, shall state the specific violations cited, shall state the conditions under which work may be resumed, and shall state the schedule for the work to be completed.

The Village may make an application to the Circuit Court for an injunction requiring conformance with this section or make such other order as the court deems necessary to secure compliance with this section.

The Village may record a notice of violation on the title to the property.

A site development permit may be suspended until a hearing is held by the Village. Written notice of such hearing shall be served on the permittee, either personally or by registered mail, and shall state:

The grounds for complaint or reasons for suspension or revocation, in clear and concise language; and

The time and the place where such hearing will be held. Such notice shall be served on the permittee at least five days prior to the date set for the hearing. At such hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence on his or her behalf. The Village shall determine within 14 days of the conclusion of the hearing whether the permit shall be suspended or revoked.

The Village shall inform the owner that any violation of the floodplain sections of this section is considered a willful act to increase flood damages and, therefore, may cause coverage by a standard flood insurance policy to be suspended.

Nothing herein shall prevent the Village of Homer Glen from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible for the work without a permit or work in violation of the permit, including disturbance of ground in the SFHA or regulated wetland.

Penalty.

If such property owner, permittee, person, partnership, corporation or other entity (herein after "violator") fails after 10 days' notice to correct any violation:

The Village may make application to the Circuit Court for an injunction requiring compliance with this section or request such other remedy from the court as may be appropriate.

Any person who violates this section shall, upon conviction thereof, be fined not less than $250 or more than $1,000 for each offense.

A separate offense shall be deemed committed upon each day during or on which each violation occurs or continues.

The Village may record a notice of violation on the title to the property.

If applicable, the Village shall inform the violator that any such violation is considered a willful act to increase flood damages and, therefore, may cause coverage by a standard flood insurance policy to be suspended.

The Village is authorized to issue an order requiring the suspension of the subject development. The stop-work order shall be in writing, shall indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop-work order. The stop-work order constitutes a suspension of the permit.

No site development permit shall be permanently suspended or revoked until a hearing is held by the Village. Written notice of such hearing shall be served on the violator and shall state: 1) the grounds for complaint or reasons for suspension or revocation; and 2) the time and place of the hearing. At such hearing, the violator shall be given an opportunity to present evidence on his or her behalf. At the conclusion of the hearing, the Village shall determine whether the permit shall be suspended or revoked.

Nothing herein shall prevent the Village from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible.

In addition to any other penalty authorized by this section, any owner, permittee, person, partnership, corporation or other business entity convicted of violating any of the provisions of this section shall be required to restore the site to the condition existing prior to commission of the violation, or to bear the expense of such restoration.

Stormwater management.

Drainage plan submission requirements.

The applicant shall certify on the drawings required as part of the submission requirements of § 138-6I that all clearing, grading, drainage, and construction shall be accomplished in strict conformance with the drainage plan.

In addition to the submission requirements of § 138-6I, applicants may be required by the Village to submit information necessary to evaluate the environmental characteristics of the property, the potential adverse impacts of the development on water resources both on site and downstream, and the effectiveness of the proposed drainage plan in managing stormwater runoff.

Minimization of increases in runoff volumes and rates. In the preparation of site design and drainage plans for a development, the applicant shall evaluate and implement site design features that minimize the increase in runoff volumes and rates from the site. The applicant's drainage plan submittal should evaluate and consider site design features that are consistent with the following hierarchy:

Preserve natural resource features of the development site (e.g., native woodlands, prairie remnants, wetlands, floodplains and other areas recognized within the Village's Comprehensive Plan);

The restoration of wetlands in locations where natural features (e.g., depressional areas, hydric soils, prior converted wetlands) will support such restoration;

Preserve existing swales, drainageways, streams, and depressions;

Minimize impervious surfaces on the property, consistent with the needs of the project (e.g., reduce pavement, minimize driveway lengths and width, share driveways, cluster houses);

Preserve the natural infiltration characteristics of the site and incorporate designed infiltration devices (e.g., trenches and basins);

Attenuate surface runoff by use of open vegetated swales and natural depressions;

Provide stormwater detention structures to slow the rate of runoff and reduce runoff pollutants leaving the site; and

Construct storm sewers.

Water quality and multiple uses.

The drainage system should be designed to minimize adverse water quality impacts downstream and on the property itself. Stormwater management shall incorporate design features to capture stormwater runoff pollutants and promote infiltration. Retention and infiltration of stormwater shall be implemented throughout the property's drainage system to reduce the volume of stormwater runoff and to reduce the quantity of runoff pollutants.

Appropriate best management practices (BMPs) shall be incorporated into the design. Design guidance for BMPs is provided but not limited to those in the Village of Homer Glen Water Resource BMP Guidelines.

The drainage system should incorporate multiple uses where practicable. Uses considered compatible with stormwater management include open space, aesthetics, aquatic habitat, recreation (boating, trails), wetlands and water quality mitigation. The applicant should avoid using portions of the property exclusively for stormwater management.

Design criteria, standards and methods.

Release rates. The drainage system for a property shall be designed to control the peak rate of discharge from the property for the two-year, twenty-four-hour and one-hundred-year, twenty-four-hour events to levels which will not cause an increase in flooding or channel instability downstream when considered in aggregate with other developed properties and downstream drainage capacities. The peak discharge from events less than or equal to the two-year event shall not be greater than 0.04 cfs per acre of property drained. The peak one-hundred-year discharge shall not be greater than 0.15 cfs per acre of property drained.

Stormwater management shall be designed to maximize infiltration on the site so as to minimize the volume of stormwater runoff from the site. The total volume of water released from the site, exclusive of bypass flows, shall be calculated by an approved hydrograph method listed in § 138-6K(4)(g) below. The total volume of water leaving the site, calculated as the area under the hydrograph, shall be calculated for the two-year, twenty-four-hour storm event in both the undeveloped and developed conditions. The volume of runoff is not limited to the twenty-four-hour duration of the storm, but it shall include the entire duration of runoff from the site. The total volume of water leaving the site for a two-year storm event following development shall be equal to or less than the total volume of water leaving the site in the undeveloped condition. This may be accomplished through application of a permanent pool volume in a basin without, or partially without, an impermeable liner in combination with the infiltration requirements of § 138-6K(9). In the event that the applicant deems that the existing soils for the site prevent subsurface infiltration from occurring as intended, it shall be so demonstrated by soil boring and/or soil sample data, hydrologic models and hydraulic calculations. In no event shall the infiltration area be less than specified in § 138-6K(9) for purposes of water quality using bioengineered soils, native plantings or other best management practices.

In the event the downstream drainage facilities are inadequate to receive the release rate hereinabove provided, then the allowable release rate shall be reduced to that rate permitted by the receiving downstream sewers, streams, and channels; additional detention shall be required to store that portion of the runoff exceeding the capacity of the downstream facilities.

Detention basin outlet design. Backwater on the outlet structure from the downstream drainage system shall be evaluated when designing the outlet.

Maximum bounce. The maximum depth of water from design high water level (open restrictor) to normal water level or outlet invert shall be six feet. This maximum bounce may be adjusted up to one foot higher upon approval of the Village based on related conditions of the site, surrounding or downstream properties, structures or stormwater conveyance systems.

Detention storage requirements. Design maximum storage to be provided in a detention basin shall be based on the runoff from the one-hundred-year, twenty-four-hour event and reservoir (also called "modified Puls" or "level pool") routing or equal. Detention storage shall be computed using hydrograph methods as described in this section.

Detention system design selection.

Selection of the detention system design shall be based on the following hierarchy:

Bioinfiltration.

Wetland detention basin.

Wet detention/retention.

Dry detention.

Underground detention (commercial only).

The applicant shall first thoroughly investigate the first two preferred detention system designs (bioinfiltration followed by wetland detention). If these designs are found to be impractical, the applicant may then investigate the next detention system alternate. Underground detention systems will only be considered for commercial uses. All systems shall include an infiltration component in accordance with § 138-6K(9).

Drainage system design and evaluation. Storm sewers shall be designed to convey the ten-year storm in a full pipe (nonsurcharged) condition. Inlets shall have capacity to allow the inflow of the ten-year storm with no more than three inches of ponding with 50% of the opening blocked. Storm sewers in public rights-of-way shall be reinforced concrete pipe conforming to ASTM C76 with O-ring joints conforming to ASTM C443 with sufficient cover per IDOT specifications. Swales shall be designed to carry the ten-year storm without encroachment onto the shoulder of the road or any paved surface. The underlying objective is to provide capacity to pass the ten-year peak flow in the minor drainage system and an overland flow path for flows in excess of the design capacity.

Design methodologies. Major and minor conveyance systems for tributary areas up to five acres may be designed using the Modified Rational Method. Runoff hydrograph methods as described in § 138-6K(4)(g) must be used for major drainage system design for all systems with greater than five acres of drainage area and for the design of all detention basins.

Positive drainage. All areas of the property must be provided an overland flow path that will pass the one-hundred-year flow from on-site and off-site tributary flow areas at a stage at least one foot below the lowest foundation grade in the vicinity of the flow path. Overland flow paths shall be provided drainage easements. Street ponding and flow depths shall not exceed the edge of pavement by six inches with no curb, nor exceed curb height by more than one inch in the one-hundred-year, plugged inlet condition. Rear yard ponding must not exceed 12 inches in the one-hundred-year, plugged inlet condition. An exhibit showing the extent of ponding in a one-hundred-year, plugged inlet event shall be provided as part of the stormwater design calculations. When the one-hundred-year flow path is to be contained within a closed conduit system, inlets to that system shall be designed for 50% of the inlet flow area blocked.

Methods for generating runoff hydrographs. Runoff hydrographs shall be developed incorporating the following assumptions of rainfall amounts and antecedent moisture described in § 138-6K(4)(g)[1] and [2] below. The following hydrologic design procedures are considered acceptable for generation of hydrographs: Corps of Engineers HEC-1, Soil and Water Conservation Service TR-20 (and TR-55, subject to rainfall distribution modifications), U.S. EPA's SWMM, and continuous simulation (e.g., HSPF). Other appropriate models may be considered acceptable by the Village.

Rainfall. Unless a continuous simulation approach to drainage system hydrology is used, all design rainfall events shall be based on the Illinois State Water Survey's Bulletin 70, Appendix A, Point Frequency Distributions. The first quartile point rainfall distribution shall be used for the design and analysis of conveyance systems with critical durations less than or equal to 12 hours. The third quartile point rainfall distribution shall be used for the design and analysis of detention basins and conveyance system with critical durations greater than 12 hours and less than or equal to 24 hours. The fourth quartile distribution shall be used in the design and analysis of systems with durations greater than 24 hours. The first, third, and fourth quartile distributions described by Huff are presented in Table 37 of Bulletin 70. The SCS Type II distribution may be used as an alternate to the Huff distributions.

Antecedent moisture. Computations of runoff hydrograph which do not rely on a continuous accounting of antecedent moisture conditions shall assume a normal antecedent moisture condition (e.g., SCS TR-20 and TR-55 antecedent moisture condition number).

Detention basin design.

Wet detention basin design. Wet detention basins shall be designed to remove stormwater pollutants, to be safe, irregularly shaped, aesthetically pleasing, and as much as feasible to be available for recreational use. A presedimentation basin, inlet/outlet orientation to avoid short-circuiting and a planting/safety ledge with shallow wetland vegetation to limit shoreline erosion are required elements. They shall have a minimum depth of eight feet under no less than 25% of the pond surface area to promote fish life.

Wet basin shoreline slopes.

Upper slopes of detention basins (higher than one foot above normal stage) should be no steeper than 5:1. Slopes flatter than 5:1 are preferred. From one foot above a normal stage to two feet below normal stage the slopes shall be no steeper than 10:1. Below two feet below NWL the slopes shall be no steeper than 4:1.

Typical detention pond.

Appropriate soil conditions shall be provided in the shoreline zone from one foot above the normal pool stage to at least one foot below the normal pool stage. First, compaction of both subsoil and topsoil shall be minimized (i.e., to less than 275 psi). Where subsoil compaction cannot be avoided, it should be disked to a depth of six inches to eight inches with a chisel plow before spreading topsoil. Second, suitable, uncompacted topsoil at a minimum thickness of one foot shall be spread to provide a suitable growth medium for aquatic plants. Coarse soils with minimal clay content and a high organic content are recommended.

Shoreline vegetation. Water-tolerant native vegetation shall be used to landscape the shorelines of wet detention facilities. The selected plants and planting methods shall conform to the soils, hydrology, and water quality condition present in such facilities, with plants being tolerant of highly variable hydrologic conditions and degraded water quality (e.g., high turbidity and salinity content). A critical consideration in site preparation is the provision of an adequate growing medium for new plants. Construction of stormwater facilities typically requires excessive grading, causing resultant soils to become highly disturbed and unsuitable for planting. The planning and sequencing of construction activity shall minimize the negative impacts on soils and provide means for restoring soils following construction. Guidance for the selection of shoreline vegetation is provided in the Village of Homer Glen Water Resource BMP Guidelines.

Permanent pool volume. The minimum permanent pool volume in a wet basin at normal depth shall be equal to the runoff volume from its watershed for the two-year event.

Wetland detention basin design. In addition to the other requirements of this section, wetland basins shall be designed to remove stormwater pollutants, to be safe, to be aesthetically pleasing, and as much as feasible to be available for multiple uses.

Wetland basin grading.

The side slopes of wetland basins (from one foot above the normal pool stage to at least one foot below the normal pool stage) and the basin bottom shall not be steeper than 10 to one (horizontal to vertical). Steeper slopes are permitted in settling basins and open water zones near the basin outlet.

Appropriate soil conditions shall be provided in the shoreline zone and basin bottom. First, compaction of both subsoil and topsoil shall be minimized (i.e., to less than 275 psi). Where subsoil compaction cannot be avoided, it should be disked to a depth of six inches to eight inches with a chisel plow before spreading topsoil. Second, suitable uncompacted topsoil at a minimum thickness of one foot shall be spread to provide a suitable growth medium for aquatic plants. Coarse soils with minimal clay content and a high organic content are recommended.

As indicated in the guidance for wet basins, soil preparation is critical in shoreline and shallow water zones. Guidance for the selection of wetland vegetation is provided in the Village of Homer Glen Water Resource BMP Guidelines.

Upper slopes of detention basins (higher than one foot above normal stage) should be no steeper than 5:1. Slopes flatter than 5:1 are preferred.

Wetland vegetation.

Water-tolerant native vegetation shall be used to landscape the bottoms (non-open water areas) of wetland detention facilities. The selected plants and planting methods shall conform to the soils, hydrology, and water quality conditions present in such facilities, with plants being tolerant of highly variable hydrologic conditions and degraded water quality (e.g., high turbidity and salinity content). Plant selection should conform to the guidance in the Native Plant Guide for Streams and Stormwater Facilities in Northeastern Illinois (NRCS et. al, 1998), which is hereby adopted by reference.

Native vegetation is required for side slopes (higher than one foot above normal stage) of all wet and wetland detention facilities to a point two vertical feet above the high water level during the plugged restrictor condition.

Stilling/sedimentation basins. Wetland detention basins shall be constructed with sediment basins or forebays at all major inlets to the basins. The volume of the basins should be at least 500 cubic feet per acre of impervious surface in the drainage area. Side slopes below one foot of depth should be no steeper than five to one (horizontal to vertical) and basin depth should be at least three feet and designed to allow access for sediment removal equipment.

Inlet and outlet orientation.

To the extent feasible, the distance between detention inlets and outlets shall be maximized. If possible, they should be at opposite ends of the basin. There shall be no low-flow bypass between the inlet and outlet and paved low-flow channels shall not be used.

Maximizing the distance between inlets and outlets will prevent the short-circuiting of flows through a basin. Short-circuiting is counterproductive to the removal of stormwater pollutants. Short-circuiting can be avoided by designing elongated basins (ideal length: width ratio of at least 3:1), or by the use of baffles or berms in the basin bottom. Low flows and the "first flush" of storm runoff often contain the most concentrated pollutants; therefore, it is critical that all flows be routed through a sedimentation basin to provide opportunities for effective pollutant removal. (See NIPC Model Stormwater Drainage and Detention Ordinance Pages 11 to 24.)

Minimum detention outlet size. Pipe outlets or orifice plates controlling discharge shall have a minimum diameter of 2 1/2 inches. If this minimum orifice size permits release rates greater than those specified in this section, and regional detention is not a practical alternative, alternative outlet design shall be utilized that incorporates self-cleaning flow restrictors.

Dry bottom basin design. Dry bottom ponds shall have a minimum slope of 2% and maximum side slope of 4:1. There shall be no low-flow bypass between the inlet and outlet. However, infiltration trenches, wet channels with soil stabilization fabric, or other permanent erosion and silt control measures are suitable erosion control techniques. They shall be irregularly shaped and aesthetically pleasing, landscaped and shall include native plantings.

[12]

Underground basin design. Design of underground facilities shall include measures to collect sediment and floatable debris, designed with regards to access and maintenance. If approved infiltration calculations reveal that the two-year twenty-four-hour storm will be fully infiltrated within 24 hours, then 50% of the volume of stone void space shall be allowed as detention volume. All designs of underground facilities shall be signed and sealed by an Illinois licensed structural engineer.

[13]

Detention area retaining walls. The use of retaining walls as part of any detention system shall be discouraged. However, as a design entrance feature or within commercial areas they may be considered by the Village subject to the following features, which must be clearly documented in any request for a detention area retaining wall:

Public safety provisions;

Architectural features;

Habitat features;

Maintenance plan/funding provisions;

Maximum height of four feet; and

Any wall shall be designed and sealed by an Illinois structural engineer.

[14]

Setback from public rights-of-way.

Detention facilities shall not be located within a distance of 10 feet plus 1.5 times the depth of the detention facility from any public right-of-way.

Any earthen berm shall not be constructed such that the toe of such berm will be nearer than 10 feet to any public right-of-way.

[15]

The storage facilities shall be accessible and easily maintained. The top width of berm shall be a minimum of five feet but shall be increased to a minimum of 10 feet within the access route to the outlet control structure.

[16]

Storage facilities shall facilitate sedimentation and catchment of floating material. Unless specifically approved by the Village, concrete lined low-flow ditches shall not be used in detention basins.

[17]

Storage facilities shall be designed such that the existing predevelopment peak runoff rate from the one-hundred-year critical duration rainfall will not be exceeded, assuming the primary restrictor is blocked.

Detention in flood fringe areas.

Storage facilities located within the regulatory floodplain are discouraged, but shall:

Conform to all applicable requirements specified in this section; and

Store the required amount of site runoff to meet the release rate requirement under all stream flow and backwater conditions in the receiving stream up to the ten-year flood elevation. However, the Village may approve designs which can be shown by detailed hydrologic and hydraulic analysis to provide a net watershed benefit not otherwise realized by strict application of this requirement.

Compensatory storage.

The placement of a detention basin in a flood fringe area shall require compensatory storage of at least 1.5 times the volume below the base flood elevation occupied by the detention basin at design HWL, including any berms.

Excavations for compensatory storage along watercourses shall be opposite or adjacent to the area occupied by detention. All floodplain storage lost below the ten-year flood elevation shall be replaced below the ten-year flood elevation. All floodplain storage lost above the existing ten-year flood elevation shall be replaced above the proposed ten-year flood elevation. All compensatory storage excavations shall be constructed to drain freely and openly to the watercourse.

Detention in floodways is prohibited.

On-stream detention is prohibited.

Protection of wetlands and depressional storage areas. The function of existing on-site depressional storage shall be preserved for both on-site and off-site tributary flows in addition to required detention. When depressional storage is removed it must be compensated for in the site runoff storage facility at no less than a one-to-one ratio. This requirement is in addition to the site runoff storage required in this section. The Village may allow the function of depressional storage to be preserved if the applicant performs detailed pre- and post-project hydrologic and hydraulic modeling to identify the effect of the depressional storage on discharges over a range of rainfall frequencies. Wetlands and other depressional storage areas shall be protected from damaging modifications and adverse changes in runoff quality and quantity associated with land developments. In addition to the other requirements of this section, the following requirements shall be met for all developments whose drainage flows into wetlands and depressional storage areas (as appropriate).

Detention in wetlands and depressional storage areas.

Existing wetlands shall not be modified for the purposes of stormwater detention unless it is demonstrated that the existing wetland is low in quality and the proposed modifications will improve its habitat and ability to perform beneficial functions. Existing storage and release rate characteristics of wetlands and other depressional storage areas shall be maintained and the volume of detention storage provided to meet the requirements of this section shall be in addition to this existing storage.

Low-quality wetlands are those that have been substantially disturbed. This disturbance is usually reflected in a low diversity of habitat and the presence of only insensitive and/or invasive plant species (e.g., a monoculture of cattails). Certain modifications of low-quality wetlands, such as the limited excavation of open water areas, may actually enhance their value. It is important, however, that the storage functions of wetlands and depressional storage areas be preserved, in addition to meeting the detention requirements of this section.

Sediment control. Existing wetlands shall be protected during construction by appropriate soil erosion and sediment control measures and shall not be filled.

Alteration of drainage patterns. Site drainage patterns shall not be altered to substantially decrease or increase the existing area tributary to the wetland.

Detention/sedimentation. All runoff from the development shall be routed through a preliminary detention/sedimentation basin designed to capture the two-year, twenty-four-hour event and hold it for at least 24 hours before being discharged to the wetland. This basin shall be constructed before property grading begins. In addition, the drainage hierarchy defined in § 138-6K(2) should be followed to minimize runoff volumes and rates being discharged to the wetland.

Vegetated buffer strip.

A vegetated buffer strip of at least 75 feet in width, containing native plant species, shall be maintained or restored around the periphery of existing or constructed wetlands which are not defined as wetland detention areas. Detention ponds require a twenty-five-foot buffer. This buffer width may be reduced to a minimum of 1/2 of the buffer width required, upon approval of the Village, provided that the total buffer area required is achieved adjacent to the area being buffered. The permitting and/or consultation process with any other agency such as the IDNR, USACE or United States Fish and Wildlife Service may override the ability to average buffer areas upon approval of the Village.

The native vegetation strip shall extend landward a minimum of 25 feet from the ordinary high water mark of a man-made wet detention/retention pond.

Subsurface drainage (drain tiles).

The applicant shall submit a subsurface drainage inventory with the final engineering plans. The inventory shall locate existing farm and storm drainage tiles by means of slit trenching and other appropriate methods performed by a qualified subsurface drainage consultant. All existing drain tile lines damaged during the investigation shall be repaired and functional.

Agricultural drainage systems shall be maintained so as to convey the expected flows for good drainage practices. The existing agricultural surface drainage systems shall not be enlarged unless such enlargement is consistent with all other sections of this section.

The applicant shall provide a topographical boundary map locating these lines showing:

Location of each slit trench and identified to correspond with the tile investigation report and field-staked at no less than fifty-foot intervals.

Location of each drain tile with a flow direction arrow, tile size and any connection to adjoining properties; a summary of the tile investigation report showing trench identification number, tile size, material and quality, percentage of the tile filled with water, percentage of restrictions caused by sitting, depth of ground cover, and soil texture at grade.

Name, address and phone number of person or firm conducting tile location investigation.

Information collected during the drainage investigation shall be used to design and develop a stormwater management system that will provide drainage that is appropriate for the development and connecting tile lines on adjoining properties.

Stormwater systems shall properly incorporate and be compatible with existing subsurface and surface drainage systems, including agricultural systems. Designs shall not cause damage to the existing drainage system(s) or the existing adjacent or tributary land, including those with agricultural uses. The following principles and requirements shall be observed in the design:

Off-site outfall. Existing downstream agricultural subsurface systems shall not be utilized for the outfall of any stormwater system. Existing downstream surface drainage systems shall be evaluated with regard to their capacity and capability to properly convey low-flow groundwater and site runoff storage facility release without damage to downstream structures and land use on the adjacent property. If the existing outfall drainage systems prove to be inadequate, it will be necessary to modify the existing systems or construct new systems which will not conflict with the existing systems and will not impact the existing agricultural land use.

On site. Agricultural drainage systems shall be located and evaluated on site. All existing on-site agricultural drain tile not serving a beneficial use shall be abandoned by trench removal prior to other development and recorded on record plans. If any existing drain tiles continue to upland watersheds, the developer must maintain drainage service during construction until new sewers can be installed for a permanent connection.

Off-site tributary. Existing drainage systems shall be evaluated with regard to existing capabilities and reasonable future expansion capacities. All existing tributary drain tiles shall be incorporated into the new conduits, including observation structures located at the property limits, shall provide a free-flow discharge and shall not allow surface runoff to enter the system.

New roadway construction shall preserve existing subsurface systems within the right-of-way. Inspection wells shall be placed at the right-of-way (ROW) and tiles found to not be flowing between inspection wells at the end of the construction shall be replaced.

Existing subsurface drains shall be excavated and removed to a point not less than 10 feet from any proposed structure within the development prior to the excavation of any foundation, or as a component of mass site grading, whichever is earlier and applicable to the proposed development.

Extended detention requirements.

The requirements of this section will apply only when an existing agricultural land use is downstream of and adjacent to a site runoff storage facility outlet. The runoff from not less than a 0.75-inch rainfall event over the hydraulically connected impervious area of the new development shall be stored below the elevation of the primary gravity outlet (extended detention) of the site runoff storage facility. The facility may be designed to allow for evapotranspiration or infiltration of this volume and shall not be conveyed through a direct positive connection to downstream areas.

The hydraulically connected impervious area used in the calculation of required extended detention volume may be reduced by the Village if the soils are prepared to maximize infiltration and deep-rooted grasses or other plants selected for their ability to promote infiltration or water absorption are planted in areas appropriately dedicated. The reduction in hydraulically connected impervious area used in the calculation shall be equal to the area of the development meeting the above soils/native planting requirement.

Subsurface drainage systems may be designed as a component of the extended detention portion of the detention basin to assist in infiltration in accordance with the following criteria:

The extended detention volume shall be discharged at a rate no greater than that required to empty the calculated extended detention volume within five days of the storm event;

No subsurface drainage pipe shall be located within 10 feet of drainage pipes directly connected to the detention basin;

For purposes of meeting the maximum subsurface drainage discharge requirements, flow control orifices and weirs may be used;

All design extended detention volume shall be provided above the seasonal high groundwater table or the invert elevation of the groundwater control system;

Farm field tile shall not be considered a subsurface drainage system; and

Design infiltration from extended detention facilities will be counted toward meeting the infiltration requirements for the site.

Street, parking lot, culvert, and property drainage.

Streets. If streets are to be used as part of the minor or major drainage system, ponding depths shall not exceed the edge of pavement by six inches with no curb, nor exceed curb height by more than one inch and shall not remain flooded for more than eight hours for any event less than or equal to the one-hundred-year event. An exhibit showing the extent of ponding in a one-hundred-year, plugged inlet event shall be provided as part of the stormwater design calculations.

Parking lots. The maximum stormwater ponding depth in any parking area shall not exceed six inches in a plugged inlet condition. As parking lot detention provides little or no water quality benefits, it is, therefore, not allowed. An exhibit showing the extent of ponding in a one-hundred-year, plugged inlet event shall be provided as part of the stormwater design calculations.

Culvert road and driveway crossings. Sizing of culvert crossings shall consider entrance and exit losses as well as tail water conditions on the culvert.

Property drainage. Drainage from a property within a development for which a stormwater management plan exists shall not cross property lines, except under the following conditions and restrictions:

The drainage is contained within a drainage easement;

The drainage is consistent with the approved overall grading plan of the development; and

Any downspout or sump pump discharge line must outlet:

At least two feet from the foundation of the structure being drained;

At least two feet from any adjacent property line; and

Perpendicular to any adjacent property line and/or along the flow line of the drainage easement.

Infiltration requirements.

Applicability.

BMPs shall be followed during design, installation and maintenance to infiltrate runoff to the maximum extent practicable, except for:

Storage and loading areas from industrial properties, although rooftops and parking areas shall be infiltrated;

Fueling and vehicle maintenance areas;

Areas with less than two feet of separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock;

Areas with runoff from industrial, commercial and institutional parking lots and roads and residential arterial roads with less than four feet of separation distance from the bottom of the infiltration system to the elevation of seasonal high groundwater or the top of bedrock;

Areas within 400 feet of a community water system well or within 100 feet of a private well, except for residential infiltration devices capturing less than one acre of tributary acreage; and

Any area where the soil does not exhibit one of the following characteristics between the bottom of the infiltration system and the seasonal high groundwater and top of bedrock;

At least a two-foot soil layer with 20% fines or greater; or

At least a four-foot soil layer with 10% fines or greater.

This exclusion does not apply where the soil medium within the infiltration system provides an equivalent level of protection and does not prohibit infiltration of roof runoff.

Exemptions. The following are not required to meet the requirements of this section:

Areas where the infiltration rate of the soil is less than 0.4 inch/hour measured at the bottom of the infiltration system.

Parking areas and access roads less than 5,000 square feet for commercial and industrial development.

Roads in commercial, industrial and institutional land uses and arterial residential roads.

Residential requirements.

Residential development.

For residential developments, one of the following shall be met:

Infiltrate sufficient runoff volume so that the postdevelopment infiltration volume shall be at least 90% of the predevelopment infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the project site is required as an effective infiltration area.

Infiltrate 25% of the postdevelopment runoff volume from the two-year, twenty-four-hour design storm with a Type II distribution.

Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than 1% of the project site is required as an effective infiltration area.

Design infiltration from extended detention facilities will be counted toward meeting the infiltration requirements for the site.

Nonresidential requirements.

Nonresidential developments.

For nonresidential development, including commercial, industrial and institutional development, one of the following shall be met:

Infiltrate sufficient runoff volume from rooftop and parking areas so that the postdevelopment infiltration volume shall be at least 60% of the predevelopment infiltration volume, based on an average annual rainfall over those areas. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the project site is required as an effective infiltration area.

Infiltrate 10% of the postdevelopment runoff volume from rooftop and parking areas for the two-year, twenty-four-hour design storm with a Type II distribution.

Separate curve numbers for pervious and impervious surfaces shall be used to calculate runoff volumes and not composite curve numbers as defined in TR-55. However, when designing appropriate infiltration systems to meet this requirement, no more than 2% of the project site is required as an effective infiltration area.

Pretreatment. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality. Pretreatment options may include, but are not limited to, oil/grease separation, sedimentation, bioinfiltration, filtration, swales and/or filter strips.

Design infiltration from extended detention facilities will be counted toward meeting the infiltration requirements for the site.

Soils. To effectively reduce runoff volumes, infiltration practices including basins, trenches, and porous pavement should be located on soils in hydrologic soil Group A or B as designated by the United States Soil and Water Conservation District when present within the project area. A sediment settling basin shall be provided to remove coarse sediment from stormwater flows before they reach infiltration basins or trenches.

Bypass during construction. While under construction, and prior to the establishment of permanent soil stabilization practices, an upstream stormwater bypass system shall be constructed and maintained to prevent siltation and plugging of infiltration BMPs. During this period, temporary stormwater controls shall be in place to prevent peak discharges in excess of those permitted by this section.

Vegetated filter strips and swales. To effectively filter stormwater pollutants and promote infiltration of runoff, sites should be designed to maximize the use of vegetated filter strips and swales. Runoff from impervious surfaces should be directed onto filter strips and swales before being routed to a storm sewer or detention basin. Native vegetation should be used for landscaping of filter strips and swales.

Safety considerations. The drainage system, components, and especially all detention basins shall be designed to protect the safety of any children or adults coming into contact with the system during or following runoff events.

Side slopes. The side slopes of detention basins at one-hundred-year capacity shall be as level as practicable to prevent accidental falls into the basin and for stability and ease of maintenance.

Velocity. Velocities throughout the surface drainage system shall be controlled to safe levels, taking into consideration rates and depths of flow.

Overflow structures. All stormwater detention basins shall be provided with an overflow structure capable of safely passing excess flows at a stage at least two feet below the lowest top of foundation grade in the vicinity of the detention basin, including walk-outs and/or look-outs. The design flow rate of the overflow structure shall be equivalent to the one-hundred-year inflow rate.

Inlet/outlet pipe protection. The inlet and outlet pipes from all stormwater basins shall be designed to minimize the velocity of flow as it enters and exits the basin. Inlet and outlet pipes shall be supplied with sloped grating per IDOT standards.

Maintenance considerations.

The water resource management system shall be designed to minimize and facilitate maintenance. Detention basins shall be provided with alternate outflows which can be used to completely drain the pool for sediment removal. Pumping may be considered if drainage by gravity is not feasible. Presedimentation basins shall be included, for localizing sediment deposition and removal. Access for heavy equipment shall be provided. On detention basin side slopes steeper than 5:1, excelsior blankets or similar erosion devices shall be used during construction to minimize erosion.

Long-term maintenance shall adhere to a Village-approved maintenance, monitoring and funding plan and shall include, as a minimum:

The routine removal of excessive trash or debris and the removal of obstructions from the basin outlet structure;

Periodic removal of accumulated sediment (e.g., from swales, forebays, and settling basins) also shall be done to maintain the function and aesthetics of stormwater facilities. At a minimum, sediment shall be removed from forebays and sediment basins whenever one foot or more of sediment has accumulated in the basin bottom;

Maintenance of shorelines, water edges and vegetation; and

Routine inspections in accordance with § 138-6J(3).

Naturally landscaped areas of detention and drainage facilities may be maintained via controlled burning every one year to three years, as needed to control invasive weeds. Where controlled burning is not feasible, a program of mowing and application of selective herbicides shall be performed as needed. Mowing should be performed on all turfed areas on a regular basis to maintain grass height below six inches.

Natural condition of soils. The recommendations of the Will County Soil Manual must be followed with respect to the land plan and construction details of proposed subdivisions. Soil borings must be made to confirm the soils map information included in the USDA, NRCS Soil Survey of Will County, Illinois. Representative soil borings must be taken to a depth at least five feet below the lowest proposed foundation, two feet below the lowest proposed sewer, or the point of refusal. At least one boring must be made per 10 acres or more if necessary to confirm the Soil Survey.

Accommodating flows from upstream tributary areas. Stormwater runoff from areas tributary to the property shall be considered in the design of the property's drainage system. Whenever practicable, flows from upstream areas that are not to be detained should be routed around the basin being provided for the site being developed.

Upstream areas not meeting requirements.

When there are areas not meeting the storage and release rates of this section, tributary to the applicant's property, regionalized detention on the applicant's property shall be explored by the applicant. The following steps shall be followed:

The applicant shall compute the storage volume needed for his or her property and the tributary area using the release rates and procedures described in § 138-6K(4);

Areas tributary to the applicant's property, not meeting the storage and release rate requirements of this section, shall be identified; and

Using the areas determined in Subsection K(13)(a)[1][b] above plus the applicant's property area, total storage needed for the combined properties shall be computed.

Allowable release rates shall be computed using the combined property areas. Storage shall be computed as described in § 138-6K(4). If tributary areas are not developed, a reasonable fully developed land cover, based on local zoning, shall be assumed for the purposes of computing storage.

Once the necessary combined storage is computed, the Village may require the applicant to implement regionalized detention to accommodate upstream flows. If regional storage is selected by the Village, then the design produced in § 138-6K(14) shall be implemented. Procedures for regional detention shall be as outlined in § 138-6K(14) below. If regional storage is rejected by the Village, the applicant shall bypass all tributary area flows around the applicant's basin whenever practicable.

Upstream areas meeting ordinance requirements. When there are areas, tributary to the applicant's property, which meet the storage and release rate requirements of this section, the upstream flows shall be bypassed around the applicant's detention basin, or be routed through the applicant's detention basin if this is the only practicable alternative. However, the two-year and one-hundred-year restrictors shall not be oversized to pass off-site flows. Storage needed for the applicant's property shall still be computed as described in § 138-6K(13)(a)[1][a] above. The applicant must demonstrate that at no time will the runoff rate from the applicant's property exceed the allowable release rates for his or her property alone due to the combined release rate.

(14)

Regional detention.

In instances where regional benefits and economies of scale can be achieved, the Village encourages adjacent properties to utilize a common regional detention basin. Developers of all single-family residential developments under five acres in size and all other developments under one acre in size shall consider the use of regional detention for stormwater management of their development. In these instances, the developer shall submit to the Village a study of the feasibility of regional detention for the local watershed. Upon review of this study, the Village may, at its discretion, require the implementation and/or use of regional detention facilities for the local watershed.

For the purposes of establishing regional detention facilities, the local watershed is defined as all lands that drain to a point downstream of the subject property. This point shall be the most upstream point to which the entire subject property drains.

Where regional detention facilities are required but have not been implemented, stormwater detention facilities shall be designed and constructed in conjunction with the initial development within the local watershed. Facilities shall be designed to serve the proposed development and all adjacent lands within the local watershed. The design of regional detention facilities shall meet all requirements of this section. The regional detention facilities shall be operational prior to the development of any lands tributary to the detention facility.

Subsequent to the construction of regional detention facilities, all development within the local watershed shall be required to utilize the regional detention facilities. The developers of lands tributary to a regional detention facility shall design and perform such modifications to the regional detention facility as may be necessary to bring it into compliance with the requirements of this section.

Property owners of lands tributary to regional detention facilities are encouraged to participate in cost sharing for the design and implementation of the regional detention. Where a cost-sharing agreement cannot be reached or where there are no plans for development of other lands within the local drainage basin, the Village may:

Establish a recapture agreement to the developer for the regional drainage basin. The cost for land, design and construction of the regional detention shall be submitted by the initial developer and reviewed by the Village. Upon approval of the cost by the Village, a recapture agreement shall be prepared to allocate among the parcels benefited by the detention facilities the costs on a pro-rata basis according to the amount of land in the local watershed, exclusive of the detention facilities themselves;

Fund the construction portion of the regional detention system for future recapture to the Village; or

Should every attempt at establishing either [1] or [2] above fail, reduce or eliminate the requirement for regional detention.

(15)

Early completion of detention facilities. Where detention, retention, or depressional storage areas are to be used as part of the drainage system for a property, they shall be constructed as the first element of the initial earthwork program. Any eroded sediment captured in these facilities shall be removed by the applicant before project completion in order to maintain the design volume of the facilities.

(16)

Maintenance responsibility.

Maintenance of water resource management systems located on private property shall be the responsibility of the owner of that property. Maintenance includes mowing and/or burning, selective weed control, clearing debris, and repairing damaged components to ensure that the stormwater treatment capacity of the facility is maintained and shall include routine inspections and reports to the Village as required in § 138-6J(3).

Before a building permit is obtained from the Village, the applicant shall execute a maintenance agreement with the Village guaranteeing that the applicant and all future owners of the property will maintain the stormwater drainage system. The maintenance agreement shall also specifically authorize representatives of the Village to enter onto the property for the purpose of inspections and maintenance of the drainage system. Such agreement shall be recorded with the Recorder of Deeds of Will County. The maintenance agreement shall include a schedule for regular maintenance of each aspect of the property's stormwater drainage system and shall provide for access to the system for inspection by the Village. The maintenance agreement shall also stipulate that if the Village notifies the property owner in writing of maintenance problems that require correction, the property owner shall make such corrections within 30 calendar days of such notification. If the corrections are not made within this time period, the Village may have the necessary work completed and assess the cost to the property owner. The maintenance agreement shall also set forth the property owner's consent to the creation of a special service area hereinafter described.

The property owner and developer shall, prior to the issuance of a building permit, agree to and cooperate with the Village in the establishment of a special service area (SSA) for the property to be utilized as a backup mechanism for the care, maintenance, renewal and replacement of the stormwater drainage facilities. In the event a property is developed into more than one lot or parcel which requires one or more stormwater drainage facilities, the property owner and developer shall establish through a declaration of covenants on the property a property owner's association which shall have the primary responsibility for providing for the care, maintenance, renewal and replacement of the stormwater drainage facilities. Further, the property owner and developer shall in such covenants consent to the creation of an SSA on behalf of the property owner, developer, subsequent grantees, and their successors in interest. If at any time such property owner or property owner's association fails to perform such care, maintenance, renewal or replacement of the stormwater drainage facilities, then the Village shall have the right, but not the obligation, to undertake such care, maintenance, renewal or replacement and utilize the SSA to provide sufficient funds to pay the costs of such care, maintenance, renewal or replacement undertaken by the Village. The SSA shall provide for the authority of the Village to levy up to $0.20 per $100 of assessed valuation to fund the payment of the aforesaid costs and expenses. Notwithstanding the foregoing, the special tax roll shall not be levied hereunder, and the SSA shall be "dormant" and shall take effect only if the Village finds that the property owner or the property owner's association has failed to conduct such care, maintenance, renewal or replacement.

The Village has the option of requiring a bond to be filed by the property owner for maintenance of the stormwater drainage system.

(17)

Fee in lieu of detention.

The developer may request in writing that a fee in lieu of detention be approved by the Village, provided that all of the following are demonstrated to the sole satisfaction of the Village:

The drainage plan will not increase flooding; and

The drainage plan provides a net benefit in water quality compared to the existing development.

The fee shall be computed by the Village for each acre-foot of detention required and approved in accordance with the procedures of this section.

Soil erosion and sediment control.

Stormwater pollution prevention plan submittal requirements.

A stormwater pollution prevention plan (SWPPP) is required for all projects disturbing one acre or more to minimize silt load to Village streams and sewers. Erosion and sediment control is still required for activities disturbing less than one acre and/or for minor development activities. Proposed erosion and sediment control measures for these activities shall be reviewed and approved by the Village prior to the start of construction. For those projects disturbing one acre or more, the SWPPP must specify the best management practices to be adopted during and after construction of the site. The SWPPP must follow the requirements of the NRCS Illinois Urban Manual and must be designed in a manner appropriate for the site to minimize erosion and prevent silt from leaving the site. In addition, the SWPPP must include the following:

Location and description, including standard details, of all sediment control measures and design specifics of sediment basins and traps, including outlet details;

Location and description of all soil stabilization and erosion control measures, including seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, kind and quantity of mulching for both temporary and permanent vegetative control measures, and types of nonvegetative stabilization measures;

Location and description of all runoff control measures, including diversions, waterways, and outlets;

Location and description of methods to prevent tracking of sediment off site, including construction entrance details, as appropriate;

Description of dust and traffic control measures;

Locations of stockpiles and description of stabilization methods;

Description of off-site fills or borrow volumes, locations, and methods of stabilization;

Provisions for maintenance of control measures, including type and frequency of maintenance, easements, and estimates of the cost of maintenance;

Identification (name, address, and telephone) of the person(s) or entity which will have legal responsibility for maintenance of erosion control structures and measures during development and after development is completed.

A plan for identifying and remediating failing best management practices both during site construction and postconstruction. Qualified personnel must inspect the site at least once every seven calendar days and within 24 hours of the end of a one-half-inch or greater rain event. The following regions must be inspected, and a report filed with the Village within 48 hours of any inspection:

Disturbed areas;

Structural control measures; and

Areas where vehicles enter and exit.

Filing of this report does not relieve the applicant of the requirement to notify any and all other permitting agencies. The SWPPP must be submitted to the Village and be approved before construction activities are begun. The parties responsible for site construction must also maintain the best management practices during construction and after the construction activities are completed.

Design and operation standards and requirements.

Applicability. All clearing, grading, stripping, excavating and filling which is subject to the permit requirements of this section shall be subject to the applicable standards and requirements set forth in this subsection and subsequent subsections.

Soil mapping.

Development activity subject to the provisions of this section shall also require soil mapping to be performed. Prior to the submission of any preliminary plat, concept plan or site plan, the applicant shall provide a topographic map at a scale no greater than one inch equals 100 feet. Soil mapping of the site shall extend at least 100 feet beyond the subject property and shall be shown on the topographic map.

Applicants are not required to provide soil mapping for site development of lots within a platted subdivision for which soil mapping has been provided or for minor development activities. For lots within platted subdivisions that contain hydric soils, the site plan shall contain the soil mapping information provided for the subdivision.

The procedure for soil mapping shall be as follows:

The applicant shall obtain a Natural Resource Information Report for the site from the Will/South Cook County Soil and Water Conservation District.

The recommendations of the Will County Soil Manual must be followed to the extent practicable with respect to the land plan and construction details of proposed development.

Soil borings must be made to confirm the soils map information included in the USDA, NRCS Soil Survey of Will County, Illinois.

Representative soil borings must be taken to a depth at least five feet below the lowest proposed foundation, two feet below the lowest proposed sewer, or the point of refusal.

At least one boring must be made per 10 acres. More borings may be necessary to confirm the Soil Survey.

The site-specific soil mapping shall be performed by a certified soil classifier.

Handbooks adopted by reference. The standards and specifications contained in Illinois Urban Manual: A Technical Manual Designed for Urban Ecosystem Protection and Enhancement and the Illinois Procedures and Standards for Urban Soil Erosion and Sedimentation Control cited in § 138-6I(3) are hereby incorporated into this § 138-6L(3) and made a part hereof by reference for the purpose of delineating procedures and methods of operation under site development and erosion and sedimentation control plans approved under § 138-6L. In the event of conflict between provisions of said manuals and of this section, this section shall govern.

Maintenance of control measures.

The applicant shall post, and maintain throughout construction, a sign (in accordance with the Village Sign Ordinance) on site that provides the following information:

Applicant's name, address, and emergency telephone number.

Contractor's name, address, and telephone number (if different from applicant).

Site development permit number issued by the Village.

Village Building Department address and telephone number.

Contractor's working hours (in accordance with Chapter 92, Article II, Commencement of Construction, of the Village Code).

Statement that trash shall be picked up daily.

Statement that streets will be cleaned at least weekly.

The posted sign must be at least six square feet and be visible from the adjacent roadway.

All soil erosion and sediment control measures necessary to meet the requirements of this section shall be maintained periodically by the applicant or subsequent landowner during the period of land disturbance and development of the site in a satisfactory manner to ensure adequate performance. Failure to maintain working soil erosion control is a violation of this section. Repair of damage to adjacent or downstream properties resulting from improperly installed or maintained erosion control measures is the responsibility of the applicant and shall be corrected immediately upon notification of such damage. Failure to correct such damage may result in forfeiture of the letter of credit and is a violation of this section.

Inspection.

The permittee or his or her certified agent, as described under § 138-6L(6), and site contractor(s) shall schedule a preconstruction meeting with the Village of Homer Glen or its designated agent at least one week prior to the start of construction.

The Village of Homer Glen or designated agent shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the erosion and sediment control plan as approved. Plans for grading, stripping, excavating, and filling work approved by the Village of Homer Glen shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the Village of Homer Glen at least two working days before the following:

Start of construction.

Installation of sediment and erosion measures.

Completion of site clearing.

Completion of rough grading.

Completion of final grading.

Close of the construction season.

Completion of final landscaping.

The permittee or his or her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved site development permit. The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in a form acceptable to the Village and submitted to the Village of Homer Glen at the time interval specified in the approved permit. Inspections will be conducted weekly and within 24 hours after a half-inch rain event.

The Village of Homer Glen or its designated agent shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under the above § 138-6L(5)(c) and to monitor and sample site discharges as deemed appropriate by the Village of Homer Glen.

Certified agent training and certification. Parties who will act as a certified agent for the permittee as specified under this section must complete the following certification and training to be recognized by the Village under this section:

The Village of Homer Glen shall require certification of responsible personnel. The Village recognizes the Certified Professional in Erosion and Sediment Control (CPESC) or Certified Erosion, Sediment and Stormwater Inspector (CESSWI) as sufficient to meet this requirement. Responsible personnel shall obtain certification by completing the CPESC or CESSWI approved training program and examination. Enrollment of existing and future responsible personnel is the responsibility of the permittee.

The Village of Homer Glen may approve certification programs other than those developed by CPESC if they meet the following criteria: educational materials covering the following topics:

Ecological and resource values of the waters of the location;

The benefits of proper and effective erosion and sediment control implementation and maintenance;

The purpose and provisions of erosion and sediment control laws, ordinances, and regulations;

A description of sediment as a pollutant;

The process of:

Erosion;

Sediment transport; and

Sediment deposition;

Proper implementation of erosion and sediment control;

Recognition and correction of improperly implemented erosion and sediment controls;

Proper maintenance of erosion and sediment controls; and

Responsibilities of supervisory and enforcement personnel.

Special precautions.

If at any stage of the grading of any development site the Village determines by inspection that the nature of the site is such that further work authorized by an existing permit is likely to imperil any property, public way, stream, lake, wetland, or drainage structure, the Village may require, as a condition of allowing the work to be done, that such reasonable special precautions be taken as are considered advisable to avoid the likelihood of such peril. "Special precautions" may include, but shall not be limited to, a more level exposed slope, construction of additional drainage facilities, berms, terracing, compaction, or cribbing, installation of plant materials for erosion control, and recommendations of a registered engineer and/or engineering geologist which may be made requirements for further work.

Where it appears that storm damage may result because the grading on any development site is not complete, work may be stopped and the permittee required to install temporary structures or take such other measures as may be required to protect adjoining property or the public safety. On large developments or where unusual site conditions prevail, the Village may specify the time of starting grading and time of completion, or may require that the operations be conducted in specific stages so as to ensure completion of protective measures or devices prior to the advent of seasonal rains.

Amendment of plans. Major amendments of the site development permit or erosion and sedimentation control plans shall be submitted to the Village of Homer Glen and shall be processed and approved or disapproved in the same manner as the original plans. Field modifications of a minor nature shall only be authorized by the Village in writing to the permittee.

Stream and wetland protection.

Applicability. Each application for a site development permit shall be reviewed by the Village or one of its designees to determine if the proposed development activity will be within the Lowland Conservancy Overlay District boundary as defined within § 138-6M(5). If any portion of the development activity is found to fall within the Lowland Conservancy Overlay District, the provisions of this § 138-6M shall apply.

Effect on other permits.

The granting of a site development permit under the provisions herein shall in no way affect the owner's responsibility to obtain the approval required by any other statute, ordinance, or regulation of any state agency or subdivision thereof, or to meet other Village of Homer Glen ordinances and regulations. Where state and/or federal permits are required, a site development permit will not be issued until they are obtained.

The Village of Homer Glen shall have jurisdiction for the regulation of wetlands under this section. Issuance of a permit by the State of Illinois or the Army Corps of Engineers shall not relieve the person from obtaining a site development permit under this section.

Applicability.

This § 138-6M applies to development in or near streams (including intermittent streams), lakes, ponds, and regulated wetlands within the Village of Homer Glen. Streams, lakes, and ponds include, but are not limited to, those which are shown on the United States Department of the Interior Geological Survey (USGS) 7.5-minute quadrangle maps and those additional streams, lakes, and ponds delineated on maps adopted as part of this section. Those maps are hereby made a part of this section, and two copies thereof shall remain on file in the office of the Village of Homer Glen for public inspection. Within the jurisdiction of the Village of Homer Glen, those water bodies and watercourses that are named and are subject to the provisions of this section are located within the Fraction Run, Fiddyment Creek, Spring Creek, Long Run Creek, Marley Creek and Big Run Creek Watersheds.

Regulated wetlands are those designated in the Village of Homer Glen/United States Fish and Wildlife Service/Illinois Department of Natural Resources wetland inventory (NRCS Map) Will/South Cook County Soil and Water Conservation District and those additional wetlands found in the field for which jurisdiction is claimed by the United States Army Corps of Engineers, Illinois Department of Natural Resources, United States Fish and Wildlife Service, or other governmental entity. The special flood hazard areas (SFHA) are those identified on the most recently adopted Flood Insurance Rate Maps (FIRM).

If new drainagecourses, lakes, ponds or wetlands are created as part of a development, the requirements for setbacks and uses within setbacks and the criteria for watercourse relocation and minor modification shall apply. The district shall be amended as appropriate to include these areas.

Lowland Conservancy Overlay District. The Lowland Conservancy Overlay District shall be considered as an overlay to the zoning districts created by Chapter 220, Zoning, of the Village Code, as amended. Its limits are defined as the area within the district boundary defined in the following section. In addition to the requirements of this section, applicants for a site development permit within the district shall meet all requirements of the underlying zoning districts. In the event of a conflict between the overlay district requirements and the underlying zoning district requirements, the most restrictive requirements prevail.

Lowland Conservancy Overlay District boundary. The procedures, standards, and requirements contained in this section shall apply to all lots, or portions thereof, within regulated wetlands and streams, and all lots lying wholly or in part:

Within the special flood hazard area (SFHA) designated by the Federal Emergency Management Agency (FEMA); or

Within 100 feet of the ordinary high water mark (OHWM) of a perennial stream or intermittent stream, with a tributary area greater than 150 acres, or the edge of a regulated wetland.

Minimum setback from streams, lakes, ponds, and wetlands.

No improvements or development activity (except as provided below) may occur, on parcels proposed for development after the date of adoption of this section, within the minimum setback which is defined as 75 feet from the ordinary high water mark of streams, lakes and ponds, or the edge of regulated wetlands, or within a designated depressional area. No improvements or development activity shall occur within the seventy-five-foot setback on parcels created prior to the date of adoption of this section without an approved site development permit and evidence that it cannot be located outside the setback area. This setback may be reduced to a minimum of 1/2 of the setback width required, upon approval of the Village, provided the total setback area required is achieved adjacent to the area. In no case shall the setback be less than the boundary of the one-hundred-year floodway as defined by FEMA. These setback requirements do not apply to a stream in a culvert unless the stream is taken out of the culvert as part of development activity. If a culvert functions as a low-flow culvert, where water is intended to periodically flow over it, the setback requirements apply.

The following activities may be permitted within the minimum setback areas only if, as a practical matter, they cannot be located outside the setback area. Such activities will only be approved based upon a report, prepared by a qualified professional, which demonstrates that they will not adversely affect water quality; destroy, damage or disrupt significant habitat area; adversely affect drainage and/or stormwater retention capabilities; adversely affect flood conveyance and storage; lead to unstable earth conditions, create erosion hazards, or be materially detrimental to any other property in the area of the subject property or to the Village of Homer Glen as whole, including the loss of open space or scenic vistas.

Minor improvements such as walkways, sidewalks, bike paths, benches, comfort stations, informational displays, directional signs, foot bridges, observation decks, and docks.

The maintenance, repair, replacement, and reconstruction of existing highways and bridges, electrical transmission and telecommunication lines, poles, and towers; and the establishment and development of public and private parks and recreation areas, education areas, historic natural and scientific areas, game refuges, fish and wildlife improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps.

Review of the proposed improvements or development activity within the minimum setback area will consider the following:

Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches, or the development of park shelters or similar structures is allowed. The development and maintenance of roads, parking lots and other impervious surfaces necessary for permitted uses are allowed only on a very limited basis, and where no alternate location outside of the setback area is available;

Land surface modification within the minimum setback shall be permitted for the development of stormwater drainage swales between the developed area of the site (including a stormwater detention facility on the site) and a stream, lake or pond or wetland. Detention basins within the setback are generally discouraged; unless it can be shown that resultant modifications will not impair water quality, habitat, or flood storage functions;

No filling or excavating within wetlands is permitted except as a wetland restoration activity and/or to install piers for the limited development of walkways and observation decks. Walkways and observation decks should avoid high-quality wetland areas, and should not adversely affect natural areas designated in the Illinois Natural Areas Inventory or the habitat of rare or endangered species;

Wetland area occupied by the development of decks and walkways must be mitigated by an equal area of wetland habitat improvement; and

Modification of degraded wetlands for purposes of stormwater management is permitted where the quality of the wetland is improved and total wetland acreage is preserved. Where such modification is permitted, wetlands shall be protected from the effects of increased stormwater runoff by measures such as detention or sedimentation basins, vegetated swales and buffer strips, groundwater infiltration systems and level spreaders, and sediment and erosion control measures on adjacent developments. The direct entry of storm sewers into wetlands shall be avoided. Environmental impact analysis of wetland modification may be required in accordance with § 138-6M(13) of this section.

An applicant must stabilize areas left exposed after land surface modification with vegetation native to northeastern Illinois. The planting of native vegetation is recommended as the preferred stabilization measure. In cases where native vegetation alone is not suitable, additional biotechnical erosion control measures such as live fascines, live pole drains, coir rolls with brush layering, pole planting, modified brush layers and brush shall be utilized unless flow velocity and shear conditions exceed the parameters for biotechnical techniques. In that instance, the preferred alternative is riprap using natural rock materials where practicable, installed on eroding bank areas in a manner that provides interstitial space for vegetative growth and habitat for macroinvertebrates and other stream organisms. Lining of the stream channel bottom is not permitted.

The applicant shall minimize access to the applicant's proposed improvements or development activity within all or part of the Lowland Conservancy Overlay District where such access could adversely affect the stream, lake, pond, wetland, or related environmentally sensitive areas.

Stream and/or wetland site development plan. In conjunction with the development site plan review, a stream and/or wetland site development plan must be prepared for any proposed development within, or partly within, the Lowland Conservancy Overlay District and/or if the proposed development will result in wetland impacts to isolated waters, high-quality aquatic resources and/or regulated wetlands. This plan must include:

A cover letter signed by a certified wetland specialist that provides a clear project purpose and need statement, a description of the proposed development activity, the area (in acres) of wetland impact and a statement on the category to be used as follows:

Category I: wetland impacts less than or equal to one acre and does not impact high-quality aquatic resources;

Category II: wetland impacts greater than one acre and less than two acres and does not impact high-quality aquatic resources;

Category III: wetland impacts greater than or equal to two acres or impacts high-quality aquatic resources;

Category IV: wetland impacts for the restoration, creation and enhancement of wetlands, provided that there are net gains in aquatic resource function; and

Category V: activities include shoreline and stream bank erosion restoration;

Dimension and area of parcel, showing also the vicinity of the site in sufficient detail to enable easy location, in the field, of the site for which the site development permit is sought, and including the boundary line, underlying zoning, a legend, a scale, and a North arrow. This requirement may be satisfied by the submission of a separate vicinity map;

Location of any existing and proposed structures;

Location of existing or proposed on-site sewage systems or private water supply systems;

Location of any perennial or intermittent stream, lake or pond, and its ordinary high-water mark;

Location and landward limit of all wetlands;

Location of setback lines as defined in this section;

Location of the one-hundred-year floodway;

Location of existing or future access roads;

Specifications and dimensions of stream, wetland or other water areas proposed for alterations; and

Cross sections and calculations indicating any changes in flood storage volumes; and such other information as reasonably requested by the Village of Homer Glen;

Evidence, prepared by a qualified professional, that demonstrates that the proposed work will not endanger health and safety, including danger from the obstruction or diversion of flood flow. The applicant shall also show, by submitting appropriate calculations and resource inventories, that the proposed work will not substantially reduce natural floodwater storage capacity, destroy valuable habitat for aquatic or other flora and fauna, adversely affect water quality or groundwater resources, increase stormwater runoff velocity so that water levels on other lands are substantially raised or the danger from flooding increased, or adversely impact any other natural stream, floodplain, or wetland functions, and is otherwise consistent with the intent of this section.

(m)

Prior to the issuance of any permits or land development approval, the applicant is required to provide a wetland delineation report to the Village if any of the following criteria apply:

Wetlands or prior converted wetlands have been identified in the Natural Resource Information Report.

The National Wetland Inventory Map indicates a wetland on, adjacent to, or directly downstream of the property.

If there are floodplains, floodways, perennial streams, intermittent streams, depressional storage areas, or hydric soils present on the site, the Village may require a wetland delineation.

Requirements for wetland delineation.

The applicant shall identify the boundaries, extent, function, and quality of all wetland areas on the development site and prepare a wetland determination report. The presence and extent of wetland areas shall be determined by or under supervision of a consultant using an on-site wetland procedure within three years of the initial permit application date in accordance with the methodology contained in the 1987 U.S. Army Corps of Engineers Wetland Delineation Manual or as otherwise noted below.

Wetland determination report. The following are minimum requirements for the wetland determination report:

A plan showing the exact location of wetlands within the development boundaries. The wetland boundary shall be flagged in the field and surveyed;

An aerial photograph delineating the wetland and the development boundary;

A copy of the following maps (most recent) delineating the development boundary:

USGS quadrangle map;

Village of Homer Glen/NRCS Wetland Inventory Map;

FEMA Floodplain Map;

Will/Cook Soil and Water Survey; and

Hydrologic Atlas;

U.S. Army Corps of Engineers data sheets with representative color photographs provided for each data point;

A written description of the wetland(s) that includes a floristic quality assessment as determined by methodology contained in Swink, F. and G. Wilhelm's Plants of the Chicago Region (1994, 4th Edition, The Morton Arboretum, Lisle, Illinois). Floristic quality assessments shall generally be conducted during the growing season (between May 15 and October 1). Non-growing-season assessments may require additional sampling during the growing season to satisfy this requirement. Identification of all high-quality aquatic resources, from the list on file with the Development Services Director, or a statement that none exist on site shall be provided;

The approximate location, extent, and relative quality of off-site wetlands on properties adjoining the development shall be identified by using the using 1987 Federal Wetland Delineation Manual;

A report for the development site indicating the presence of cropland wetlands as defined by the National Food Security Act Manual (most recent edition).

Hydrologic controls; drainage control plan.

A drainage control plan that describes the hydraulic characteristics of on-site and nearby watercourses as well as the proposed drainage plan, prepared by a registered professional engineer experienced in hydrology and hydraulics, shall be submitted with each application for land development within the Lowland Conservancy Overlay District. Unless otherwise noted, the following restrictions, requirements and standards shall apply to all development within the Lowland Conservancy Overlay District:

Natural open-channel drainageways shall be preserved; and

Runoff from areas of concentrated impervious cover (e.g., roofs, driveways, streets, patios, etc.) shall be collected and transported to a drainageway (preferably a natural drainageway) with sufficient capacity to accept the discharge without undue erosion or detrimental impact. Vegetated drainage swales are preferred over conveyances constructed of concrete or other manufactured materials.

The drainage control plan shall identify appropriate measures, such as recharge basins, and detention/retention basins, which will limit the quantitative and qualitative effects of stormwater runoff to predevelopment conditions.

Site grading and excavation plan.

This subsection applies to the extent that grading and excavation and erosion control plans, which satisfy the following requirements, are not already required by the Village.

A site grading and excavation plan, prepared by a registered professional engineer, trained and experienced in civil engineering, shall be submitted with each application for land development within the Lowland Conservancy District and shall include the following:

Details of the existing terrain and drainage pattern with one-foot contours;

Proposed site contours at one-foot intervals;

Dimensions, elevation and contours of grading, excavation and fill;

A description of methods to be employed in disposing of soil and other material that is removed from allowable grading and excavation sites, including location of the disposal site if on the property;

A schedule showing when each stage of the project will be completed, including the total area of soil surface to be disturbed during each stage, and estimated starting and completion dates. The schedule shall be prepared so as to limit, to the shortest possible period, the time soil is exposed and unprotected. In no case shall the existing natural vegetation be destroyed, removed, or disturbed more than 15 days prior to initiation of the improvements; and

A detailed description of the revegetation and stabilization methods to be employed, to be prepared in conjunction with the landscape plan per § 138-6M(11). This description should include locations of erosion control measures such as sedimentation basins, straw bales, diversion swales, etc.

The grading and excavation plan must be consistent with all the provisions of this section.

Unless otherwise provided in this section, the following restrictions, requirements and standards shall apply to all development within the Lowland Conservancy District:

Every effort shall be made to develop the site in such a manner so as to minimize the alteration of the natural topography.

No grading, filling, cleaning, clearing, terracing or excavation of any kind shall be initiated until final engineering plans are approved.

The depositing of any excavation, grading, or clearing material within a stream, lake, pond or wetland area (i.e., within the Lowland Conservancy District) shall be prohibited.

In addition to locating all site improvements on the subject property to minimize adverse impacts on the stream, lake, pond, or wetland, the applicant shall install erosion control and temporary fencing or other physical barriers during construction. Following completion of the project, where necessary, permanent grading shall be constructed to prevent direct runoff and erosion from any modified land surface into a stream, lake, pond, or wetland. All parking and vehicle circulation areas should be located as far as possible from a stream, lake, pond, or wetland.

The Village of Homer Glen may limit development activity in or near a stream, lake, pond, or wetland to specific months, and to a maximum number of continuous days or hours, in order to minimize adverse impacts. Also, the Village of Homer Glen may require that equipment be operated from only one side of a stream, lake, or pond in order to minimize bank disruption. Other development techniques, conditions, and restrictions may be required in order to minimize adverse impacts on streams, lakes, ponds or wetlands, and on any related areas not subject to development activity.

Native vegetation buffer strip required; vegetation and revegetation/landscape plan.

To minimize erosion, stabilize the stream bank, protect water quality, maintain water temperature at native levels, preserve fish and wildlife habitat, screen man-made structures, and preserve aesthetic values of the native watercourse and wetland areas, a native vegetation strip shall be maintained along the edge of streams, lake, natural ponds, wetlands or man-made wet detention/retention ponds.

The native vegetation strip shall extend landward a minimum of 75 feet from the ordinary high water mark of a perennial or intermittent stream, lake or natural pond, and the edge of a wetland. The buffer width for a stream, lake or natural pond, or a wetland may be reduced to a minimum of 1/2 of the buffer width required, upon approval of the Village, provided that the total buffer area required is achieved adjacent to the area being buffered. The permitting and/or consultation process with any other agency such as the IDNR, USACE or the United States Fish and Wildlife Service may override the ability to average buffer areas upon approval of the Village.

Within the native vegetation strip, trees and shrubs may be selectively pruned or removed for harvest of merchantable timber, to achieve a filtered view of the water body from the principal structure, prevent excess shading that kills ground-cover species, and for reasonable private access to the stream, lake, pond, or wetland. Said pruning and removal activities shall ensure that a live root system stays intact to provide for stream bank stabilization and erosion control.

A landscape plan, prepared by a professional landscape architect, shall be submitted with each site development permit application for development activity within the Lowland Conservancy Overlay District and contain the following:

A plan describing the existing vegetative cover of the property and showing those areas where the vegetation will be removed as part of the proposed construction; and

A plan describing the proposed revegetation of disturbed areas, specifying the materials to be used.

The vegetation must be planned in such a way that access for stream maintenance purposes shall not be prevented.

Watercourse relocation and minor modification.

Watercourse relocation or modification as a convenience for site design purposes is not permitted. However, these activities may be considered for permit in the following circumstances:

When off-site hydrologic conditions are causing erosion, flooding and related problems and the proposed project is designed to significantly reduce or eliminate these problems; or

When on-site soil and geologic conditions are resulting in unstable conditions that pose hazards to life, health, and existing structures or property and the proposed project is designed to significantly reduce or eliminate these problems; or

The quality of previously modified or relocated streams can be upgraded or enhanced by the proposed project; or

Public utilities, including sanitary sewers, pipelines, and roadways, require stream crossing or relocation where there are not practical alternatives; or

The project solely involves the relocation, modification, or repair of an existing culvert or existing man-made ditch.

Any such allowed relocation or modification shall be subject to the following conditions and requirements.

Conditions and restrictions for permitting watercourse modification. Watercourse modification, when permitted, is subject to the following conditions and restrictions:

Water quality, habitat, and other natural functions must be significantly improved by the modification; no significant habitat area may be destroyed;

The amount of flow and velocity of a watercourse is not to be increased or decreased as the watercourse enters or leaves a subject property, unless this reflects an improvement over previous conditions in terms of reduced flooding, reduced erosion, or enhanced low-flow conditions;

Prior to diverting water into a new channel, a qualified professional engineer retained by the applicant and approved by the Village of Homer Glen shall inspect the watercourse modification, and issue a written report to the Village of Homer Glen that the modified watercourse complies with the requirements in § 138-6M(14); and

Watercourse channel enlargement, or other modifications that would increase conveyance, shall not be permitted if the intended purpose is to accommodate development activities in the floodplain.

(14)

Required content of watercourse modification/relocation plan. Watercourse relocation may be permitted in accordance with a watercourse relocation plan which provides for:

The creation of a natural meander pattern, pools, riffles, and substrate;

The formation of gentle side slopes (at least three feet horizontally per one foot vertically), including installation of erosion control features;

The utilization of natural materials wherever possible;

The planting of vegetation normally associated with streams, including primarily native riparian vegetation that is deep-rooted and capable of holding banks and soil in place;

The creation of spawning and nesting areas wherever appropriate;

The re-establishment of the native fish population wherever appropriate;

The restoration of water flow characteristics compatible with native fauna habitat areas, wherever appropriate;

The filling and revegetation of the prior channel;

A proposed phasing plan, specifying time of year for all project phases;

Plans for sediment and erosion control; and

Establishment of a low-flow channel which reflects the conditions of a natural stream.

(15)

Criteria for permitting armoring channels and banks.

Armoring in the form of bulkheads, riprap or other materials or devices is not permitted except in accordance with the following:

Significant erosion cannot be prevented in any other way and the use of revegetation and gradual bank slopes has not sufficiently stabilized the shoreline or bank;

The bulkhead or other device is not placed within a wetland, or between a wetland and a lake or pond;

The bulkhead, riprap or other device will minimize the transmittal of wave energy or currents to other properties; and

The change in the horizontal or vertical configuration of the land must be kept to a minimum.

Where permission to install bulkheads or other armoring devices is requested as part of the permit application, documentation and certification pertaining to the items above must be submitted.

(16)

Criteria for permitting use of culverts. Culverts are not permitted in streams except in accordance with and subject to the following:

Where a culvert is necessary for creating access to a property (use of culverts as a convenience, in order to facilitate general site design, is not to be considered);

The culvert must allow passage of fish inhabiting the stream, and accommodate the one-hundred-year flood event without increasing upstream flooding, except where a restricting culvert is desirable as part of an overall storm and floodwater management plan;

The culvert must be maintained free of debris and sediment to allow free passage of water and, if applicable, fish; and

The stream bottom should not be significantly widened for the placement of a culvert as this increases siltation; if multiple culverts must be installed, one culvert should be at the level of the bottom of the stream and the others at or above normal water elevation.

(17)

Compensatory mitigation.

Mitigation shall not be considered a substitute for making all prudent attempts to avoid wetland impacts, regardless of wetland quality.

Prior to the Village considering a proposal for wetland mitigation, the applicant and/or his or her agent shall make all of the following findings and provide a narrative report to the Village of the following:

That all feasible and prudent efforts have been made to avoid the loss of a regulated wetland;

That all practical means have been considered to minimize protected wetland impacts;

That it is practical to replace the protected wetland which will be unavoidably eliminated; and

That all alternatives for preserving protected wetlands and watercourses have been evaluated and found to be impractical, inappropriate, or ineffective.

To ensure no net loss of wetlands in the Village of Homer Glen, mitigation shall be required in instances where there are losses of wetlands and where the wetland consultant, the Plan Commission or the Village Board has made the findings required in § 138-6M(17)(a) not possible. The following hierarchy shall be followed. Allowance to the next lower step is permitted only when justified by a narrative report approved by the Homer Glen Village Board.

On-site wetland mitigation meeting the requirements of the project mitigation document.*

In the Village of Homer Glen and in the same watershed as wetland impact: a Village of Homer Glen approved wetland mitigation bank, or a U.S. Army Corps approved wetland mitigation bank; meeting the requirements of the project mitigation document.*

In the same watershed as the impact and outside the Village of Homer Glen: a Village of Homer Glen approved wetland mitigation bank, or a U.S. Army Corps approved wetland mitigation bank; meeting the requirements of the project mitigation document.*

In the Village of Homer Glen and in a different watershed as wetland impact: a Village of Homer Glen approved wetland mitigation bank, or a U.S. Army Corps approved wetland mitigation bank; meeting the requirements of the project mitigation document.*

Outside the Village of Homer Glen and within a different watershed (at double the required mitigation acreage): a Village of Homer Glen approved wetland mitigation bank, or a U.S. Army Corps approved wetland mitigation bank; meeting the requirements of the project mitigation document.*

*	Section 138-6M(17)(b), Criteria for approving proposals for wetland mitigation, § 138-6M(17)(c), Mitigation size requirements, and § 138-6M(17)(d), Mitigation requirements.

Criteria for approving wetland mitigation proposals. If the wetland consultant, Plan Commission or the Homer Glen Village Board, as applicable, determines that it is practical to replace the protected wetlands which will be impacted, mitigation plans shall be approved only if all of the following criteria are met:

The mitigation plan provides for the substantial replacement of the predominant functional values of the protected wetland to be lost;

The mitigation plan provides for no net loss of protected wetlands and watercourses unless the wetland consultant, the Planning Commission or the Homer Glen Village Board, as applicable, determines that the net loss will result in a minimum negative impact upon protected wetlands, watercourses, and attendant natural resources under all of the circumstances;

A project mitigation document (PMD) shall be submitted for all mitigation projects in conformance with the U.S. Army Corps of Engineers Chicago District's Mitigation Guidelines and Requirements, latest version. The guidelines contain requirements for performance standards, monitoring, and completion standards that may be considered as a minimum. Unique site and/or development circumstances may require different, project-specific approaches which exceed these minimum standards;

A five-year wetland mitigation surety for 125% of mitigation costs shall be submitted prior to obtaining a permit. See § 138-6M(17)(d); and

Time schedule of bond reduction for mitigating wetlands. Listed below are the requirements for the annual inspection of compensatory wetlands and buffers as applicable to bond reduction. The applicant is required to have this annual inspection performed by a qualified professional. The bond reduction time line will begin upon completion of plant installation and that annual report will need to satisfy the values stated below. The report shall be submitted to the Village for acceptance or rejection within 30 days of submission. If the applicant fails to produce an approved report, or to take the required corrective action recommended in an approved report in the given time line, the Village retains the right to hire a qualified professional and/or contractor to perform the required work, for which all costs incurred by the Village shall be paid by the developer:

One year after the wetland is planted, it will need to meet and continue meeting all applicable performance standards established in the approved mitigation document. If these requirements are met or exceeded, then the bond amount can be reduced 20% to 80% of the original amount. If these values are not met, a corrective action report must be completed within 15 working days. The recommendation from this report must be completed within the approved time line of this report. Once these values are met year two will start.

A second inspection will be required one year after the first values are met. At this time, the wetland will need to meet and continue meeting all the approved performance standards established in the approved mitigation document. If these requirements are met or exceeded, then the bond amount can be reduced an additional 20% to 60% of the original amount. If these values are not met, a corrective action must be completed within 15 working days. The recommendation from this report must be completed within the approved time line of this report. Once these values are met year three will start.

A third inspection will be required one year after the second values are met. At this time, the wetland will need to meet or exceed a FQI value of 16 and a C value of 2.8 and will need to continue meeting all applicable performance standards. If these requirements are met or exceeded, then the bond amount can be reduced 20% to 40% of the original amount. If these values are not met, corrective action must be completed within 30 working days (per IDOT Standard 108.04). Once these values are met year four will start.

A fourth inspection will be required one year after the third values are met. At this time, the wetland will need to meet or exceed a FQI value of 18 and a C value of 3.15 and will need to continue meeting all Army Corps of Engineers (Chicago District) performance standards. If these requirements are met or exceeded, then the bond amount can be reduced 20% to 20% of the original amount. If these values are not met, corrective action must be completed within 30 working days (per IDOT Standard 108.04). Once these values are met year five will start.

A final inspection will be required one year after the fourth values are met. At this time, the wetland will need to meet or exceed a FQI value of 20, a C value of 3.5, will need to continue meeting all Army Corps of Engineers (Chicago District) performance standards and all other requirements identified by the Village to reduce the remainder of the bond. If these values are not met, corrective action must be completed within 30 working days (per IDOT Standard 108.04).

Wetland mitigation size requirements.

Mitigation is required within the Village of Homer Glen for wetland impacts greater than or equal to 0.25 acre to regulated wetlands of the Village of Homer Glen.

Mitigation shall provide for the replacement of the wetland environment lost to development at the following proportional rates (i.e., creation acreage to wetland impact acreage):

A minimum of 1.5:1 for wetland impacts under Categories I, II and III that are not high-quality aquatic resources, for approved and fully certified wetland mitigation bank credits;

A minimum of 3:1 for wetland impacts that are high-quality aquatic resources; and

A minimum of 6:1 for wetland impacts that are forested wetlands as defined in the High-Quality Aquatic Resource List.

Creation of wetlands for the mitigation of development wetland impacts shall take place only within areas not currently comprised of wetlands or forested areas. Enhancement of farmed wetlands meeting the size criterion of this section may be used for up to 80% of the mitigation requirement.

A wetland mitigation management and monitoring plan indicating the legally responsible parties for long-term operation and maintenance and dedicated funding sources.

The developer shall provide annual monitoring reports on the status of the constructed mitigation measures. The developer shall undertake all necessary remedial action to bring the area into compliance with the wetland mitigation plan.

Wetland impacts occurring prior to issuance of a permit shall presume the wetland disturbed was a high-quality aquatic resource requiring mitigation at a minimum rate of 3:1, except 6:1 for wetland impacts that are forested wetlands as defined in High-Quality Aquatic Resource List.

Mitigation requirements.

Wetland mitigation and monitoring plans shall become conditions to the wetland use permit and shall be the responsibility of the applicant.

Financial assurances that mitigation is accomplished as specified by the permit condition will be required by the wetland consultant, Planning Commission or Homer Glen Village Board, as applicable. See § 138-6M(17)(b)[5] for time schedule of bond reduction.

Any mitigation activity shall be completed before initiation of other permitted activities, unless a phased concurrent schedule can be agreed upon between the wetland consultant, Planning Commission or Homer Glen Village Board, as applicable, and the applicant.

Wetland mitigation plans that create less than two acres of wetlands shall meet at least three of the conditions listed below:

The site supports state or federal endangered or threatened plants, fish, or wildlife appearing on a list specified in Section 36505 of the Natural Resources and Environmental Protection Act [Act 451 of 1994 (previously Section 6 of the Endangered Species Act of 1974, Act No. 203 of the Public Acts of 1974)].

The site represents what is identified as a locally rare or unique ecosystem.

The site supports plants or animals of an identified local importance.

The site provides groundwater recharge.

The site provides flood and storm control by the hydrologic absorption and storage capacity of the wetland.

The site provides wildlife habitat by providing breeding, nesting, feeding grounds or cover for forms of wildlife, waterfowl, including migratory waterfowl, and rare, threatened, or endangered wildlife species.

The site provides protection of subsurface water resources and provision of valuable watersheds and recharging groundwater supplies.

The site provides pollution treatment by providing conditions for biological and chemical oxidation.

The site provides erosion control by serving as a sedimentation area and filtering basin, absorbing silt and organic matter.

The site provides sources of nutrients in waterfood cycles and nursery grounds and sanctuaries for fish.

Detention in isolated waters of Homer Glen. Detention shall only be allowed in farmed wetlands currently in farm production or when the existing vegetated wetland acreage is covered by a minimum 85% of one or more of the following species:

Reed canary grass (Phalaris arundinacea);

Purple loosestrife (Lythrum salicaria);

Common reed (Phragmites australis); or

Buckthorn (Rhamnus spp.).

(18)

Impact assessment. The Village of Homer Glen may ask an applicant to submit a report prepared by a qualified professional, and approved by the Village of Homer Glen, in order to assess the potential impact of proposed development on a lake, stream or wetland and associated environmentally sensitive areas, including loss of flood storage potential, loss of habitat, changes in species diversity and quantity, impacts on water quality, increases in human intrusion, and impacts on associated streams, lakes, ponds, wetlands or downstream areas.

(19)

Stream maintenance easement. The applicant shall grant an access easement for stream maintenance purposes to the Village of Homer Glen over 25 feet parallel to the stream bank.

Floodplain protection.

General requirements.

The Village of Homer Glen shall be responsible for fulfilling all of the duties listed in this section by assignment or designation of reviews.

To fulfill those duties, the assigned designee, who must be a professional engineer (P.E.), first should use the criteria listed in § 138-6N(3), Base flood elevations, to determine whether the development site is located within a floodplain.

Once it has been determined that a development is located within a floodplain, the Village must determine whether the development site is within a flood fringe, a designated floodway, or within a SFHA or floodplain for which no floodway has been identified.

If the site is within a flood fringe, the Village shall require that the minimum requirements of § 138-6N(4) be met in addition to other applicable requirements of this section.

If the site is within a floodway, the Village shall require that the minimum requirements of § 138-6N(5) be met in addition to other applicable requirements of this section.

If the site is located within a SFHA or floodplain for which no detailed study has been completed and approved, the Village shall require that the minimum requirements of § 138-6N(6) be met.

In addition, the general requirements of § 138-6N(7) shall be met for all developments meeting the requirements of § 138-6N(4), (5) or (6).

The Village shall assure that all subdivision proposals shall meet the requirements of § 138-6N(8).

If a modification is to be granted for a proposal, the Village shall review the requirements of § 138-6F to make sure they are met. In addition, the applicant shall complete all notification requirements and shall provide to the Village certified copies of all correspondence.

In order to assure that property owners obtain permits as required in this section, the Village of Homer Glen may take any and all actions as outlined in § 138-6J.

Duties of enforcement official(s). The Village shall be responsible for the general administration and enforcement of this section, which shall include the following:

Determining the floodplain designation:

Check all new development sites to determine whether they are in a special flood hazard area (SFHA).

If they are in a SFHA, determine whether they are in a floodway, flood fringe or in a floodplain for which a detailed study has not been conducted and which drains more than one square mile in an urban or urbanizing area, or more than 10 square miles in a rural area.

Professional engineer review:

If the development site is within a floodway or in a floodplain for which a detailed study has not been conducted and which drains more than 100 acres, the permit shall be referred to a registered professional engineer under the employ or contract of the Village for review to ensure that the development meets § 138-6N(5) through § 138-6N(6)(a).

In the case of an appropriate use, the P.E. shall state in writing that the development meets the requirements of § 138-6N(5).

Dam safety requirements.

Ensure that an IDNR/OWR permit has been issued or a letter indicating no permit is required, if the proposed development activity includes construction of a dam as defined previously.

Regulated dams may include weirs, restrictive culverts or impoundment structures.

Other permit requirements: ensure that any and all required federal, state and local permits are received prior to the issuance of a site development permit.

Plan review and permit issuance.

Ensure that all development activities within the SFHAs of the jurisdiction of the Village meet the requirements of this section; and

Issue a site development permit in accordance with the provisions of this section and other regulations of this community when the development meets the conditions of this section.

Development review: ensure that all development projects have reviews completed before, during, and after construction to assure proper elevation of the structure and to ensure compliance with the provisions of this section.

Elevation and floodproofing certificate: maintain permit files, including:

An elevation certificate certifying the elevation of the lowest floor (including basement) of a residential or nonresidential building subject to § 138-6N(7) of this section; and/or

The elevation to which a nonresidential building has been floodproofed, using a floodproofing certificate, for all buildings subject to § 138-6N(7) for public inspection and provide copies of the same.

Records for public inspection: maintain for public inspection and furnish upon request base flood data, SFHA and designated floodway maps, copies of federal or state permit documents, site development permit documentation, modification documentation, conditional letters of map revision, letters of map revision, letters of map amendment and "as-built" elevation and floodproofing and/or elevation certificates for all buildings constructed subject to this section.

Ensure that construction authorized has been granted approval by IDNR/OWR, for all development projects subject to § 138-6N(5) and § 138-6N(6), unless enforcement responsibility has been delegated to the Village. Upon acceptance of this section by IDNR/OWR and FEMA, responsibility is hereby delegated to the Village per 92 III. Adm. Code 708 (See Appendix 18.3) for construction in the designated floodway and floodplain when floodways have not been defined in § 138-6N(5) and § 138-6N(6). However, the following review approvals are not delegated to the Village and shall require review or permits from IDNR/OWR:

Projects which are undertaken by organizations which are exempt from this section, as per the Illinois Compiled Statutes;

IDNR/OWR projects, dams or impoundment structures as defined in § 138-1B and all other state, federal or local unit of government projects, including projects of the Village;

An engineer's determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile, per § 138-6N(5)(b)[3][e];

An engineer's determination that a proposed bridge affected by backwater from a downstream receiving stream may be built with a smaller opening per § 138-6N(5)(b)[3][d];

Review and approval of alternate transition section and hydraulically equivalent compensatory storage as indicated in §§ 138-6N(5)(b)[3][a], [b] and [h];

Permit issuance of structures within, under, or over publicly navigable rivers, lakes and streams;

Any changes in the base flood elevation or floodway locations; and

Base flood elevation determinations where none now exist.

Cooperation with other agencies:

Cooperate with the state and federal floodplain management agencies to improve base flood or one-hundred-year frequency flood and floodway data and to improve the administration of this section;

Submit data to IDNR/OWR and FEMA for proposed revisions of a regulatory map;

Submit reports as required for the National Flood Insurance Program; and

Notify FEMA of any proposed amendments to this section.

Promulgate regulations: promulgate rules and regulations as necessary to administer and enforce the provisions of this section; subject, however, to the review and approval of IDNR/OWR and FEMA for any ordinance changes.

Base flood elevation.

This section's protection standard is based on the Flood Insurance Study for the Village.

If a base flood elevation or one-hundred-year frequency flood elevation is not available for a particular site, then the protection standard shall be according to the best existing data available in the Illinois State Water Survey's Floodplain Information Repository that has been approved by IDNR/OWR and FEMA.

When a party disagrees with the best available data, he or she may finance the detailed engineering study needed to replace existing data with better data and submit it to IDNR/OWR and FEMA.

The base flood or one-hundred-year frequency flood elevation for the SFHAs of the Village of Homer Glen shall be as delineated on the one-hundred-year flood profiles in the Flood Insurance Study of the Village prepared by FEMA (or the Department of Housing and Urban Development) and such amendments to such study and maps as may be prepared from time to time.

The base flood or one-hundred-year frequency flood elevation for the SFHAs of those parts of the Village of Homer Glen shall be as delineated on the one-hundred-year flood profiles in the most recent Flood Insurance Study of the Village of Homer Glen prepared by FEMA (or the Department of Housing and Urban Development), and such amendments or revisions to such study and maps as may be prepared from time to time.

The base flood or one-hundred-year frequency flood elevation for each SFHA delineated as an AE Zone, AH Zone, or AO Zone shall be that elevation (or depth) delineated on the Flood Insurance Rate Map of the Village of Homer Glen.

The base flood or one-hundred-year frequency flood elevation for each of the remaining SFHAs delineated as an A Zone on the Flood Insurance Rate Map of the Village shall be according to the best existing data available in the Illinois State Water Survey Floodplain Information Repository.

When no base flood or one-hundred-year frequency flood elevation exists, the base flood or one-hundred-year frequency flood elevation for a riverine SFHA shall be determined from a backwater model, such as HEC-RAS, HEC-II, WSP-2, or a dynamic model such as HIP.

The flood flows used in the hydraulic models shall be obtained from a hydrologic model, such as HEC-HMS, HEC-I, TR-20, or HIP, or by techniques presented in various publications prepared by the United States Geological Survey for estimating peak flood discharges.

Along any watercourses draining more than one square mile in an urban or urbanizing area, or more than 10 square miles in a rural area, the above analyses shall be submitted to IDNR/OWR for approval. Once approved, it must be submitted to the Illinois State Water Survey Floodplain Information Repository for filing.

For a nonriverine SFHA, the base flood elevation shall be the historic flood of record plus three feet, unless calculated by a detailed engineering study and approved by IDNR/OWR for drainage areas greater than one square mile.

For an unmapped extended SFHA (with drainage area less than one square mile), the base flood elevation shall be determined by the applicant utilizing a method as approved in this section.

Occupation and use of flood fringe areas. Development in and/or filling of the flood fringe will be permitted if protection is provided against the base flood or one-hundred-year frequency flood by proper elevation, and compensatory storage, and other applicable provisions of this section. No use will be permitted which adversely affects the capacity of drainage facilities or systems. Developments located within the flood fringe shall meet the requirements of this section, along with the requirements of § 138-6N(7).

Site development permit for development in the SFHA.

No person, firm, corporation, or governmental body not exempted by state law shall commence any development in the SFHA without first obtaining a site development permit from the Village of Homer Glen. Failure to obtain a site development permit prior to the initiation of any development activities is a violation of this section.

Any person, firm, corporation or governmental body not exempted by state law that commences any development in the SFHA without first obtaining a site development permit from the Village shall be required to obtain an after-the-fact site development permit at a cost that is double the normal fee (refer to § 138-6M).

Application for a site development permit shall be made on a form provided by the Village.

The application shall be accompanied by drawings of the site, drawn to scale, showing property line dimensions and legal description for the property and sealed by a licensed engineer, architect or land surveyor; existing grade elevations in MSL, 1929 adj. datum, or NGVD and all changes in grade resulting from excavation or filling; the location and dimensions of all buildings and additions to buildings.

For all proposed buildings, the elevation of the lowest floor (including basement) and lowest adjacent grade shall be shown on the submitted plans and the development will be subject to the requirements of § 138-6N(7).

Upon receipt of a site development permit application, the Village shall compare the elevation of the site to the base flood or one-hundred-year frequency flood elevation.

Any development located on land that can be shown to be higher than the base flood elevation of the current Flood Insurance Rate Map and which has not been filled after the date of the site's first Flood Insurance Rate Map without a site development permit as required by this section is not in the SFHA and, therefore, not subject to the requirements of this section.

The Village shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first Flood Insurance Rate Map identification.

A soil erosion and sediment control plan for disturbed areas shall be submitted in accordance with § 138-6L. This plan shall include a description of the sequence of grading activities and the temporary sediment and erosion control measures to be implemented to mitigate their effects. This plan shall also include a description of final stabilization and revegetation measures, and the identification of a responsible party to ensure postconstruction maintenance.

The applicant shall be responsible for providing the Village with copies of all other federal, state, and local permits, approval or permit-not-required letters that may be required for this type of activity. The Village shall not issue a permit unless all other federal, state, and local permits have been obtained.

Preventing increased damages. No development in the flood fringe shall create a threat to public health and safety.

If fill is being used to elevate the site above the base flood or one-hundred-year frequency flood elevation, the applicant shall submit sufficient data and obtain a letter of map revision (LOMR) from FEMA for the purpose of removing the site from the floodplain.

Compensatory storage.

Whenever any portion of a floodplain is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood or one-hundred-year frequency flood elevation shall be compensated for and balanced by a hydraulically equivalent volume of excavation taken from below the base flood or one-hundred-year frequency flood elevation.

The excavation volume shall be at least equal to 1.5 times the volume of storage lost due to the fill or structure.

In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied.

All floodplain storage lost below the existing ten-year flood elevation shall be replaced below the proposed ten-year flood elevation. All floodplain storage lost above the proposed ten-year flood elevation shall be replaced above the proposed ten-year flood elevation.

All such excavations shall be constructed to drain freely and openly to the watercourse.

Occupation and use of designated floodways. This section applies to proposed development, redevelopment, site modification or building modification within a designated floodway. The designated floodway for the Village of Homer Glen shall be as delineated on the designated floodway maps designated by IDNR/OWR according to and referenced in § 138-1B. Only those uses and structures will be permitted which meet the criteria in this section. All floodway modifications shall be the minimum necessary to accomplish the purpose of the project. The development shall also meet the requirements of § 138-6N(7).

Site development permit for development in a floodway. No person, firm, corporation or governmental body not exempted by state law shall commence any development in a floodway without first obtaining a site development permit from the Village and IDNR/OWR. Failure to obtain a site development permit prior to the initiation of any development activities is a violation of this section.

Any person, firm, corporation or governmental body not exempted by state law that commences any development in the SFHA without first obtaining a site development permit from the Village and who has been issued a stop-work order shall be required to obtain an after-the-fact site development permit at a cost that is double the normal fee (refer to § 138-6M).

Application for a site development permit shall be made on a form provided by the Land Use Department. The application shall include the following information:

Name and address of applicant;

Site location (including legal description) of the property, drawn to scale, on the designated floodway map, indicating whether it is proposed to be in an incorporated or unincorporated area;

Name of stream or body of water affected;

Description of proposed activity;

Statement of purpose of proposed activity;

Anticipated dates of initiation and completion of activity;

Name and mailing address of the owner of the subject property if different from the applicant;

Signature of the applicant or the applicant's agent;

If the applicant is a corporation, the President or other authorized officer shall sign the application form;

If the applicant is a partnership, each partner shall sign the application form;

If the applicant is a land trust, the trust officer shall sign the name of the trustee by him or her as trust officer. A disclosure affidavit shall be filed with the application, identifying each beneficiary of the trust by name and address and defining the respective interests therein;

Plans of the proposed activity shall be provided which include, as a minimum:

A vicinity map showing the site of the activity, name of the waterway, boundary lines, names of roads in the vicinity of the site, graphic or numerical scale, and North arrow.

A plan view of the project and engineering study reach showing existing and proposed conditions, including principal dimensions of the structure or work, elevations in mean sea level (1929 adjustment) datum or NGVD or North American Vertical Datum, adjacent property lines and ownership, drainage and flood control easements, location of any channels and any existing or future access roads, distance between proposed activity and navigation channel (when the proposed construction is near a commercially navigable body of water), designated floodway limit, floodplain limit, specifications and dimensions of any proposed channel modifications, location and orientation of cross sections, North arrow, and a graphic or numerical scale.

Cross-section views of the project and engineering study reach showing existing and proposed conditions including principal dimensions of the work as shown in the plan view, existing and proposed elevations, normal water elevation, ten-year frequency flood elevation, one-hundred-year frequency flood elevation, and graphic or numerical scales (horizontal and vertical).

A soil erosion and sediment control plan for disturbed areas in accordance with § 138-6L. This plan shall include a description of the sequence of grading activities and the temporary sediment and erosion control measures to be implemented to mitigate their effects. This plan shall also include a description of final stabilization and revegetation measures, and the identification of a responsible party to ensure postconstruction maintenance.

A copy of the designated floodway map, marked to reflect any proposed change in the designated floodway location;

Any and all other federal, state, and local permits or approval letters that may be required for this type of development;

Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the permit criteria of § 138-6N(5)(b);

If the designated floodway delineation, base flood or one-hundred-year frequency flood elevation will change due to the proposed project, the application will not be considered complete until IDNR/OWR has indicated conditional approval of the designated floodway map change. No structures may be built until a letter of map revision has been approved by FEMA;

[p]

The application for a structure shall be accompanied by a drawing of the site, drawn to scale, showing property line dimensions and existing ground elevations and all changes in grade resulting from any proposed excavation or filling, and floodplain and floodway limits; sealed by a registered professional engineer, licensed architect or registered land surveyor; the location and dimensions of all buildings and additions to buildings; and the elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of § 138-6N(7); and

[q]

If the proposed project involves a channel modification, the applicant shall submit the following information:

A description of the purpose of and need for the proposed work;

A description of the feasibility of using alternative locations or methods {see § 138-6N(5)(b)[3][a], Preservation of flood conveyance, so as not to increase flood stages upstream} to accomplish the purpose of the proposed work;

An analysis of the extent and permanence of the impacts each feasible alternative identified in § 138-6N(5)(b)[3][i], Preservation of flood conveyance, so as not to increase flood stages upstream, of this section would have on the physical and biological conditions of the body of water affected; and

An analysis of the impacts of the proposed project, considering cumulative effects on the physical and biological conditions of the body of water affected.

The applicant shall be responsible for submitting to the Village copies of all other federal, state, and local permits and approvals that may be required for this type of activity.

The Village shall not issue the site development permit unless all required federal and state permits have been submitted.

A registered professional engineer, under the employ or contract of the Village, shall review and approve applications submitted under this section.

Preventing increased damages and a list of appropriate uses.

The only development in a floodway which will be allowed are appropriate uses, which will not cause a rise in the base flood elevation, and which will not create a damaging or potentially damaging increase in flood heights or velocity or be a threat to public health and safety and welfare or impair the natural hydrologic and hydraulic functions of the floodway or channel, or permanently impair existing water quality or aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as called for in this section. Only the following appropriate uses will be allowed per 92 III. Adm. Code Part 708:

Public flood control structures, dikes, dams and other public works or private improvements relating to the control of drainage, flooding of existing structures, erosion, or water quality or habitat for fish and wildlife;

Structures or facilities relating to the use of, or requiring access to, the water or shoreline, such as in stream aeration and similar treatment facilities;

Facilities and improvements related to recreational boating, and commercial shipping and other functionally water-dependent uses;

Storm and sanitary sewer outfalls;

Underground and overhead utilities;

Public open space and recreational facilities such as trail systems, including any related fencing (at least 50% open when viewed from any one direction) built parallel to the direction of flood flows, including open air pavilions, and including parking facilities and any modification thereto associated with an appropriate public facility;

Bridges, culverts, and associated roadways, sidewalks, and railways, necessary for crossing over the floodway or for providing access to other appropriate uses in the floodway and any modification thereto;

Regulatory floodway regrading, without fill, to create a positive nonerosive slope toward a watercourse;

Floodproofing activities to protect previously existing lawful structures, including the construction of watertight window wells, elevating structures, or construction of floodwalls around residential, commercial or industrial principal structures where the outside toe of the floodwall shall be no more than 10 feet away from the exterior wall of the existing structure, and which are not considered substantial improvements to the structure;

The replacement, reconstruction or repair of a damaged building, provided that the outside dimensions of the building are not increased, and provided that, if the building is damaged to 50% or more of the building market value before it was damaged, or if the building requires a substantial improvement, the building will be protected from flooding to the flood protection elevation;

Modifications to an existing building that would not increase the enclosed first-floor area of the building below the one-hundred-year frequency flood elevation, and which will not block flood flows, including, but not limited to, fireplaces, bay windows, decks, patios, and second story additions. If the building is improved to 50% or more of the building market value before modification occurred, the building will be protected from flooding to the flood protection elevation.

Appropriate uses do not include the construction or placement of any new structures, fill, building additions, buildings on stilts, excavation or channel modifications done to accommodate otherwise nonappropriate uses in the floodway, fencing (including landscaping or planting designed to act as a fence) and storage of materials except as specifically defined above as an appropriate use.

Within the designated floodway as identified on the floodway maps designated by IDNR/OWR, the construction of an appropriate use will be considered permissible, provided that the proposed project meets the following engineering and mitigation criteria and is so stated in writing with supporting plans, calculations and data by a registered professional engineer and provided that any structure meets the protection requirements of § 138-6N(5):

Preservation of flood conveyance, so as not to increase flood stages upstream. For appropriate uses other than bridges or culvert crossings, on-stream structures or dams, all effective designated floodway conveyance lost due to the project will be replaced for all flood events up to and including the one-hundred-year frequency flood. In calculating effective designated floodway conveyance, the following factors shall be taken into consideration:

Designated floodway conveyance, "K" = (1.486/n)(AR2/3) where "n" is Manning's roughness factor, "A" is the effective flow area of the cross section, and "R" is the ratio of the area to the wetted perimeter. (See Open Channel Hydraulics, Ven Te Chow, 1959, McGraw-Hill Book Company, New York.)

The same Manning's "n" value shall be used for both existing and proposed conditions unless a recorded maintenance agreement with a federal, state, or local unit of government can assure the proposed conditions will be maintained or the land cover is changing from a vegetative to a nonvegetative land cover.

Transition sections shall be provided and used in calculations of effective designated floodway conveyance. The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to IDNR/OWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency:

When water is flowing from a narrow section to a wider section, the water should be assumed to expand no faster than at a rate of one foot horizontal for every four feet of the flooded stream's length.

When water is flowing from a wide section to a narrow section, the water should be assumed to contract no faster than at a rate of one foot horizontal for every one foot of the flooded stream's length.

When expanding or contracting flows in a vertical direction, a minimum of one foot vertical transition for every 10 feet of stream length shall be used.

Transition sections shall be provided between cross sections with rapid expansions and contractions and when meeting the designated floodway delineation on adjacent properties.

All cross sections used in the calculations shall be located perpendicular to flood flows.

Preservation of floodway storage so as not to increase downstream flooding.

Compensatory storage shall be provided for any designated floodway storage lost due to the proposed work from the volume of fill or structures placed and the impact of any related flood control projects.

Compensatory storage for fill or structures shall be equal to at least 1.5 times the volume of floodplain storage lost.

Artificially created storage lost due to a reduction in head loss behind a bridge shall not be required to be replaced.

The compensatory designated floodway storage shall be placed between the proposed normal water elevation and the proposed one-hundred-year flood elevation. All designated floodway storage lost below the existing ten-year flood elevation shall be replaced below the proposed ten-year flood elevation. All designated floodway storage lost above the existing ten-year flood elevation shall be replaced above the proposed ten-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse.

If the compensatory storage will not be placed at the location of the proposed construction, the applicant's engineer shall demonstrate to IDNR/OWR through a determination of flood discharges and water surface elevations that the compensatory storage is hydraulically equivalent.

There shall be no reduction in floodway surface area as a result of a floodway modification, unless such modification is necessary to reduce flooding at an existing structure.

Preservation of floodway velocities so as not to increase stream erosion or flood heights.

For all appropriate uses, except bridges or culverts or on-stream structures, the proposed work will not result in an increase in the average channel or designated floodway velocities or stage for all flood events up to and including the one-hundred-year frequency event.

In the case of bridges or culverts or on stream structures built for the purpose of backing up water in the stream during normal or flood flows, velocities may be increased at the structure site if scour, erosion and sedimentation will be avoided by the use of rip-rap or other design measures.

Construction of new bridges or culvert crossings and roadway approaches.

The proposed structure shall not result in an increase of upstream flood stages greater than 0.1 foot when compared to the existing conditions for all flood events up to and including the one-hundred-year frequency event; or the upstream flood stage increases will be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or flood walls or within recorded flood easements.

If the proposed construction will increase upstream flood stages greater than 0.1 foot, the developer must contact IDNR/OWR to obtain a permit for a dam or waiver.

The engineering analysis of upstream flood stages must be calculated using the flood study flows, and corresponding flood elevations for tail water conditions for the flood study specified in § 138-6N(3) of this section. Culverts must be analyzed using the U.S. DOT, FHWA Hydraulic Chart for the Selection of Highway Culverts. Bridges must be analyzed using the U.S. DOT/Federal Highway Administration Hydraulics of Bridge Waterways' calculation procedures.

Lost floodway storage must be compensated for per § 138-6N(5)(b)[3][b].

Velocity increases must be mitigated per § 138-6N(5)(b)[3][c].

If the crossing is proposed over a public water that is used for recreational or commercial navigation, an IDNR/OWR permit must be received.

The hydraulic analysis for the backwater caused by the bridge showing the existing condition and proposed regulatory profile must be submitted to IDNR/OWR for concurrence that a CLOMR is not required by § 138-6N(5)(b).

[F]

All excavations for the construction of the crossings shall be designed per § 138-6N(5)(b)[3][h].

Reconstruction or modification of existing bridges, culverts, and approach roads.

The bridge or culvert and roadway approach reconstruction or modification shall be constructed with no more than 0.1 foot increase in backwater over the existing flood profile for all flood frequencies up to and including the one-hundred-year event, if the existing structure is not a source of flood damage.

If the existing bridge or culvert and roadway approach is a source of flood damage to buildings or structures in the upstream floodplain, the applicant's engineer shall evaluate the feasibility of redesigning the structure to reduce the existing backwater, taking into consideration the effects on flood stages on upstream and downstream properties.

The determination as to whether or not the existing crossing is a source of flood damage and should be redesigned must be prepared in accordance with 17 III. Adm. Code Part 3708 (Floodway Construction in Northeastern Illinois) and submitted to IDNR/OWR for review and concurrence before a permit is issued.

On-stream structures built for the purpose of backing up water.

Any increase in upstream flood stages greater than 0.0 foot when compared to the existing conditions, for all flood events up to and including the one-hundred-year frequency event, shall be contained within the channel banks (or within existing vertical extensions of the channel banks) such as within the design protection grade of existing levees or flood walls or within recorded flood easements.

A permit or letter indicating a permit is not required must be obtained from IDNR/OWR for any structure built for the purpose of backing up water in the stream during normal or flood flow.

All dams and impoundment structures as defined in § 138-1B shall meet the permitting requirements of 92 III. Adm. Code Part 702 (Construction and Maintenance of Dams). If the proposed activity involves a modification of the channel or floodway to accommodate an impoundment, it shall be demonstrated that:

The impoundment is determined to be in the public interest by providing flood control, public recreation, or regional stormwater detention;

The impoundment will not prevent the migration of indigenous fish species which require access to upstream areas as part of their life cycle, such as for spawning;

The impoundment will not cause or contribute to degraded water quality or habitat conditions. Impoundment design should include gradual bank slopes, appropriate bank stabilization measures, and a presedimentation basin;

A nonpoint source control plan has been implemented in the upstream watershed to control the effects of sediment runoff as well as minimize the input of nutrients, oil and grease, metals, and other pollutants. If there is more than one municipality in the upstream watershed, the municipality in which the impoundment is constructed should coordinate with upstream municipalities to ensure comprehensive watershed control;

The project otherwise complies with the requirements of § 138-6N(5).

Floodproofing of existing habitable, residential and commercial structures.

If construction is required beyond the outside dimensions of the existing building, the outside perimeter of the floodproofing construction shall be placed no further than 10 feet from the outside of the building.

Compensation for lost storage and conveyance will not be required for floodproofing activities.

Excavation in the floodway.

When excavation is proposed in the design of bridges and culvert openings, including the modifications to and replacement of existing bridge and culvert structures, or to compensate for lost conveyance or other appropriate uses, transition sections shall be provided for the excavation.

The following expansion and contraction ratios shall be used unless an applicant's engineer can prove to IDNR/OWR through engineering calculations or model tests that more abrupt transitions may be used with the same efficiency:

When expanding or contracting flows in a vertical direction, a minimum of one foot vertical transition for every 10 feet of stream length shall be used.

Erosion/scour protection shall be provided inland upstream and downstream of the transition sections.

If the proposed activity involves a channel modification, it shall be demonstrated that:

There are no practicable alternatives to the activity which would accomplish its purpose with less impact to the natural conditions of the body of water affected. Possible alternatives include levees, bank stabilization, floodproofing of existing structures, removal of structures from the floodplain, clearing the channel, high flow channel, or the establishment of a streamside buffer strip or green belt. Channel modification is acceptable if the purpose is to restore natural conditions and improve water quality and fish and wildlife habitat;

Water quality, habitat, and other natural functions would be significantly improved by the modification and no significant habitat area may be destroyed, or the impacts are offset by the replacement of an equivalent degree of natural resource values;

The activity has been planned and designed and will be constructed in a way which will minimize its adverse impacts on the natural conditions of the body of water affected, consistent with the following criteria:

The physical characteristics of the modified channel shall match as closely as possible those of the existing channel in length, cross section, slope and sinuosity. If the existing channel has been previously modified, restoration of more natural physical conditions should be incorporated into channel modification design, where practical.

Hydraulically effective transitions shall be provided at both the upstream and downstream ends of the project, designed such that they will prevent erosion.

One-sided construction of a channel shall be used when feasible. Removal of streamside (riparian) vegetation should be limited to one side of the channel, where possible, to preserve the shading and stabilization effects of the vegetation.

Clearing of stabilizing vegetation shall be limited to that which is essential for construction of the channel.

Channel banks shall be constructed with a side slope no steeper than 3:1 horizontal to vertical, wherever practicable. Native vegetation and gradual side slopes are the preferred methods for bank stabilization. Where high velocities or sharp bends necessitate the use of alternative stabilization measures, soil bioengineering techniques, natural rock or riprap are preferred approaches. Artificial materials such as concrete, gabions, or construction rubble should be avoided unless there are no practicable alternatives.

[F]

All disturbed areas associated with the modification shall be seeded or otherwise stabilized as soon as possible upon completion of construction. Erosion blanket or an equivalent material shall be required to stabilize disturbed channel banks prior to establishment of the vegetative cover.

[G]

If the existing channel contains considerable bottom diversity such as deep pools, riffles, and other similar features, such features shall be provided in the new channel. Spawning and nesting areas and flow characteristics compatible with fish habitat shall also be established, where appropriate.

[H]

A sediment basin shall be installed at the downstream end of the modification to reduce sedimentation and degradation of downstream water quality.

[I]

New or relocated channels should be built in the dry and all items of construction, including vegetation, should be completed prior to diversion of water into the new channel.

[J]

There shall be no increases in stage or velocity as the channel enters or leaves the project site for any frequency flood unless necessitated by a public flood control project or unless such an increase is justified as part of a habitat improvement or erosion control project.

[K]

Unless the modification is for a public flood control project, there shall be no reduction in the volume of floodwater storage outside the floodway as a result of the modification;

The project otherwise complies with the requirements of § 138-6N(5).

Seeding and stabilization plan. For all activities located in a floodway, a seeding and stabilization plan shall be submitted by the applicant.

Soil erosion and sedimentation measures. For all activities in the floodway, including grading, filling, and excavation, in which there is potential for erosion of exposed soil, soil erosion and sedimentation control measures shall be employed consistent with the following criteria:

The construction area shall be minimized to preserve the maximum vegetation possible. Construction shall be scheduled to minimize the time soil is exposed and unprotected. In no case shall the existing natural vegetation be destroyed, removed, or disturbed more than 15 days prior to the initiation of improvements.

Temporary and/or permanent soil stabilization shall be applied to denuded areas as soon as possible. As a minimum, soil stabilization shall be provided within 15 days after final grade is reached on any portion of the site, and within 15 days to denuded areas, which may not be at final grade but will remain undisturbed for longer than 60 days.

Sedimentation control measures shall be installed before any significant grading or filling is initiated on the site to prevent the movement of eroded sediments off site or into the channel. Potential sediment control devices include filter fences, straw bale fences, check dams, diversion ditches, and sediment traps and basins.

A vegetated buffer strip of at least 75 feet in width shall be preserved and/or re-established, where possible, along existing channels. {See § 138-6N(5)(b)[3][p].} The buffer width may be reduced to a minimum of 1/2 of the buffer width required, upon approval by the Village, provided that the total buffer area required is achieved adjacent to the area being buffered. The permitting and/or consultation process with any other agency such as the IDNR, USACE or United States Fish and Wildlife Service may override the ability to average buffer areas upon approval of the Village. Construction vehicle use of channels shall be minimized. Temporary stream crossings shall be constructed, where necessary, to minimize erosion. Necessary construction in or along channels shall be restabilized immediately.

Soil erosion and sedimentation control measures shall be designed and implemented consistent with Procedures and Standards for Urban Soil Erosion and Sedimentation Control in Illinois (1998) and the Illinois Urban Manual (NRCS, 1995).

Public flood control projects. For public flood control projects, the permitting requirements of this section will be considered met if the applicant can demonstrate to IDNR/OWR through hydraulic and hydrologic calculations that the proposed project will not singularly or cumulatively result in increased flood heights outside the project right-of-way or easements for all flood events up to and including the one-hundred-year frequency event.

General criteria for analysis of flood elevations.

The flood profiles, flows and floodway data in the designated floodway study, referenced in § 138-6N(3), must be used for analysis of the base conditions. If the study data appears to be in error or conditions have changed, IDNR/OWR shall be contacted for approval and concurrence on the appropriate base conditions data to use.

If the one-hundred-year designated floodway elevation at the site of the proposed construction is affected by backwater from a downstream receiving stream with a larger drainage area, the proposed construction shall be shown to meet:

The requirements of this section for the one-hundred-year frequency flood elevations of the designated floodway conditions; and

Conditions within the receiving stream at normal water elevations.

If the applicant learns from IDNR/OWR, local governments, or a private owner that a downstream restrictive bridge or culvert is scheduled to be removed, reconstructed, modified, or a regional flood control project is scheduled to be built, removed, constructed or modified within the next five years, the proposed construction shall be analyzed and shown to meet the requirements of this section for both the existing conditions and the expected flood profile conditions when the bridge, culvert or flood control project is built.

Conditional letter of map revision.

If the appropriate use would result in a change in the designated floodway location or the one-hundred-year frequency flood elevation, the applicant shall submit to IDNR/OWR and FEMA all information, calculations and documents necessary to be issued a conditional designated floodway map revision and receive from IDNR/OWR a conditional concurrence of the designated floodway change before a permit is issued.

The final designated floodway map will not be changed by FEMA until as-built plans or record drawings of initial filling, grading, dredging, or excavating activities are submitted and accepted by FEMA and IDNR/OWR.

In the case of nongovernment projects, the Village in incorporated areas and the county in unincorporated areas shall concur with the proposed conditional designated floodway map revision before IDNR/OWR approval can be given.

No filling, grading, dredging or excavating shall take place until a conditional approval is issued.

After initial filling, grading, dredging or excavating, no activities shall take place until a final letter of map revision (LOMR) is issued by FEMA with concurrence from IDNR/OWR.

Professional engineer's supervision. All engineering analyses shall be performed by or under the supervision of a registered professional engineer.

[p]

For all activities in the floodway involving construction within 75 feet of the channel, the following criteria shall be met:

A natural vegetation buffer strip shall be preserved within at least 75 feet of the ordinary high water mark of the channel.

Where it is impossible to protect this buffer strip during the construction of an appropriate use as allowed in § 138-6N(5)(b)[1], a vegetated buffer strip shall be established upon completion of construction.

[q]

After receipt of conditional approval of the designated floodway change and issuance of a permit and a conditional letter of map revision, construction as necessary to change the floodway designation may proceed but no buildings or structures or other construction that is not an appropriate use may be placed in that area until the designated floodway map is changed and a final letter of map revision is received. The designated floodway map will be revised upon acceptance and concurrence by IDNR/OWR and FEMA of the "as-built" plans.

Development activities requiring state review. For those projects listed below located in a designated floodway, the following criteria shall be submitted to IDNR/OWR for its review and concurrence prior to the issuance of a permit by the Village, which is the delegated state permitting authority in the floodway:

An engineer's analysis of the flood profile due to a proposed bridge pursuant to § 138-6N(5)(b)[3][d].

An engineer's determination that an existing bridge or culvert crossing is not a source of flood damage and the analysis indicating the proposed flood profile, pursuant to § 138-6N(5)(b)[3][e].

Alternative transition sections and hydraulically equivalent storage pursuant to §§ 138-6N(5)(b)[3][a], [b] and [h].

The construction of any IDNR/OWR projects, dams (as defined in § 138-1B) and all other state, federal, or local units of government projects, including projects of the Village or county.

An engineer's determination that a proposed bridge affected by backwater from a downstream receiving stream may be built with a smaller opening.

Projects which revise the floodway and/or flood profiles.

Projects in public bodies of water.

Other permits.

In addition to the other requirements of this section, a development permit for a site located in a floodway shall not be issued unless the applicant first obtains a permit or written documentation that a permit is not required from IDNR/OWR, issued pursuant to 615 ILCS 5/4.9 et seq.

No permit from IDNR/OWR shall be required if IDNR/OWR has delegated this responsibility to the Village.

Permits for dams.

Any work involving the construction, modification or removal of a dam as defined in Section 10.3 per 17 III. Adm. Code Part 3702 (Construction and Maintenance of Dams) shall obtain an IDNR/OWR permit prior to the start of construction of a dam.

If the Village finds a dam that does not have an IDNR/OWR permit, the Village shall immediately notify the IDNR/OWR Schaumburg office.

Activities that do not require a registered professional engineer's review. The following activities may be permitted without a registered professional engineer's review. Such activities shall still meet the other requirements of this section, including the mitigation requirements.

Underground and overhead utilities that:

Do not result in any increase in existing ground elevations; or

Do not require the placement of aboveground structures in the floodway; or

In the case of underground stream crossings, the top of the pipe or encasement is buried a minimum of three feet below the existing streambed; and

Overhead utility lines shall be constructed above the estimated one-hundred-year frequency flood elevation or attached above the low chord of an existing bridge (with the permission of the bridge owner). No supporting towers shall be placed in the watercourse, and they shall be designed so as to not catch debris.

Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including the stream banks, shall be restored to their original contours and seeded or otherwise stabilized upon completion of construction.

A utility crossing carrying material which may cause water pollution as defined by the Environmental Protection Act (415 ILCS 5) shall be provided with shutoff valves on each side of the body of water to be crossed.

All Illinois Commerce Commission, National Electric Safety Codes, and federal requirements for clearance must be met.

Storm and sanitary sewer relief outfalls that:

Do not extend riverward or lakeward of the existing adjacent natural bank slope;

Do not result in an increase in ground elevation; and

Are designed so as not to cause stream erosion at the outfall location.

Construction of sidewalks, athletic fields (excluding fences), properly anchored playground equipment and patios at grade.

Construction of shoreline and stream bank protection:

That does not exceed 1,000 feet in length.

Where materials are not placed higher than the existing top of bank.

Where materials are not placed so as to reduce the cross-sectional area of the stream channel or bank of the lake.

Where stabilization utilizing native vegetation and gradual side slopes are the preferred mitigation methods for existing erosion problems. Where high channel velocities, sharp bends or wave action necessitate the use of alternative stabilization measures, soil bioengineering techniques, natural rock or riprap are preferred materials. Artificial materials such as concrete, construction rubble, and gabions should be avoided unless there are no practicable alternatives.

Where temporary stream crossings in which:

The approach roads will be 1/2 foot or less above natural grade.

The crossing will allow stream flow to pass without backing up the water above the stream bank vegetation line or above any drainage tile or outfall invert.

The top of the roadway fill in the channel will be at least two feet below the top of the lowest bank. Any fill in the channel shall be nonerosive material, such as riprap or gravel.

All disturbed stream banks will be seeded or otherwise stabilized as soon as possible upon installation and again upon removal of construction.

The access road and temporary crossings will be removed within one year after authorization.

Occupation and use of SFHA where floodways are not identified.

In SFHA or floodplains (including AE, AH, AO and unnumbered A Zones) where no floodways have been identified and no base flood or one-hundred-year frequency flood elevations have been established by FEMA, and draining more than a square mile, no development shall be permitted unless the cumulative effect of the proposals, when combined with all other existing and anticipated uses and structures, shall not significantly impede or increase the flow and passage of the floodwaters nor significantly increase the base flood or one-hundred-year frequency flood elevation.

No person, firm, corporation, or governmental body, not exempted by state law, shall commence any development in a SFHA or floodplain without first obtaining a site development permit from the Village of Homer Glen. Failure to obtain a site development permit is a violation of this section.

Application for a site development permit shall be made on a form provided by the Village.

The application shall be accompanied by drawings of the site, drawn to scale, showing property line dimensions, existing grade elevations, and all changes in grade resulting from excavation or filling, sealed by a licensed engineer, architect or surveyor; the location and dimensions of all buildings and additions to buildings; and the elevations of the lowest floor (including basement) of all proposed buildings subject to the requirements of § 138-6N(7).

The application for a site development permit shall also include the following information:

A detailed description of the proposed activity, its purpose, and intended use;

Site location (including legal description) of the property, drawn to scale, on the designated floodway maps, indicating whether it is proposed to be in an incorporated or unincorporated area;

Anticipated dates of initiation and completion of activity;

Plans of the proposed activity shall be provided which include, as a minimum:

A vicinity map showing the site of the activity, name of the waterway, boundary lines, names of roads in the vicinity of the site, graphic or numerical scale, and North arrow;

A plan view of the project and engineering study reach showing existing and proposed conditions, including principal dimensions of the structure or work, elevations in mean sea level (1929 adjustment) datum or NGVD, adjacent property lines and ownership, drainage and flood control easements, distance between proposed activity and navigation channel (when the proposed construction is in or near a commercially navigable body of water), floodplain limit, location and orientation of cross sections, North arrow, and a graphical or numerical scale;

Cross-section views of the project perpendicular to the flow of floodwater and engineering study reach showing existing and proposed conditions, including principal dimensions of the work as shown in the plan view, existing and proposed elevations, normal water elevation, ten-year frequency flood elevation, one-hundred-year frequency flood elevation, and graphical or numerical scales (horizontal and vertical); and

A soil erosion and sedimentation control plan for disturbed areas. This plan shall include a description of the sequence of grading activities and the temporary sediment and erosion control measures to be implemented to mitigate their effects. This plan shall also include a description of final stabilization and revegetation measures, and the identification of a responsible party to ensure postconstruction maintenance.

Engineering calculations and supporting data shall be submitted showing that the proposed work will meet the criteria of § 138-6N(6)(b).

Any and all other federal, state, and local permits or approvals that may be required for this type of development.

Based on the best available existing data according to the Illinois State Water Survey's Floodplain Information Repository, the Village shall compare the elevation of the site to the base flood or one-hundred-year frequency flood elevation.

Should no elevation information exist for the site, the developer's engineer shall calculate the elevation according to § 138-6N(3)(e).

Any development located on land that can be shown to have been higher than the base flood elevation of the current Flood Insurance Rate Map identification is not in the SFHA and, therefore, not subject to the requirements of this section.

The applicant shall be responsible for submitting to the Village copies of all other federal, state, and local permits, approvals or permit-not-required letters that may be required for this type of activity. The Village shall not issue the development permit unless all required federal, state, and local permits have been submitted.

Preventing increased damages.

No development in the SFHA where a floodway has not been determined shall create a damaging or potentially damaging increase in flood heights or velocity or threat to public health, safety and welfare, impair the natural hydrologic and hydraulic functions of the floodway or channel, or impair existing water quality or aquatic habitat. Construction impacts shall be minimized by appropriate mitigation methods as called for in this section.

Within all riverine SFHAs where the floodway has not been determined, the following standards shall apply:

The developer shall have a registered professional engineer state in writing and show through supporting plans, calculations, and data that the project meets the engineering requirements of § 138-6N(5)(b)[3][a] through [l] for the entire floodplain as calculated under the provisions of § 138-6N(3)(d).

As an alternative, the developer should have an engineering study performed to determine a floodway and submit that engineering study to IDNR/OWR for acceptance as a designated floodway.

Upon acceptance of the floodway by IDNR/OWR, the developer shall demonstrate that the project meets the requirements of § 138-6N(5) for the designated floodway. The floodway shall be defined according to the definition in § 138-1B.

A development permit shall not be issued unless the applicant first obtains a permit from IDNR/OWR.

No permit from IDNR/OWR shall be required if IDNR/OWR has delegated permit responsibility per 17 III. Adm. Code Part 3708 for designated floodways.

Permits for dams.

Any work involving the construction, modification or removal of a dam as defined in Section 10.3-0 per 17 III. Adm. Code Part 3702 (Rules for Construction of Dams) shall require the applicant to obtain an IDNR/OWR permit prior to the start of construction of a dam.

If the Village finds a dam that does not have an IDNR/OWR permit, the Village shall immediately notify the IDNR/OWR Schaumburg office.

If the Village finds a dam which is believed to be in unsafe condition, the Village shall immediately notify the owner of the dam, the IDNR/OWR Schaumburg office, and the Illinois Emergency Management Agency (IEMA).

A site development permit may be issued for the following activities without a registered professional engineer's review or calculation of a base flood elevation and designated floodway. Such activities shall still meet the other requirements of this section:

Underground and overhead utilities that:

Do not result in any increase in existing ground elevations; or

Do not require the placement of aboveground structures in the floodway; or

In the case of underground stream crossings, the top of the pipe or encasement is buried a minimum of three feet below the existing streambed; and

Disturbance of streamside vegetation shall be kept to minimum during construction to prevent erosion and sedimentation.

[vii]

All Illinois Commerce Commission, National Electric Safety Codes, and federal requirements for clearance must be met.

Storm and sanitary sewer relief outfalls that:

Do not extend riverward or lakeward of the existing adjacent natural bank slope; and

Do not result in an increase in ground elevation; and

Are designed so as not to cause stream erosion at the outfall location.

Construction of shoreline and stream bank protection:

That does not exceed 1,000 feet in length.

Where materials are not placed higher than the existing top of bank.

Where materials are placed so as not to reduce the cross-sectional area of the stream channel by more than 10%.

Stabilization utilizing native vegetation and gradual side slopes are the preferred mitigation methods for existing erosion problems. Where high channel velocities, sharp bends or wave action necessitate the use of alternative stabilization measures, soil bioengineering techniques, natural rock or riprap are preferred materials. Artificial materials such as concrete, construction rubble, and gabions should be avoided unless there are no practicable alternatives.

Temporary stream crossings in which:

The approach roads will be 1/2 foot or less above natural grade.

The crossing will allow stream flow to pass without backing up the water above the stream bank vegetation line or above any drainage tile or outfall invert.

The top of the roadway fill in the channel will be at least two feet below the top of the west bank. Any fill in the channel shall be nonerosive material, such as riprap or gravel.

All disturbed stream banks will be seeded or otherwise stabilized as soon as possible upon installation and again upon removal of construction.

The access road and temporary crossings will be removed within one year after authorization.

The construction of light poles, signposts and similar structures.

The construction of sidewalks, driveways, athletic fields (excluding fences), patios and similar surfaces, which are built at grade.

The construction of properly anchored, unwalled, open structures such as playground equipment, pavilions, and carports built at or below existing grade that would not obstruct the flow of floodwaters.

The placement of properly anchored buildings not exceeding 70 square feet in size nor 10 feet in any one dimension (e.g., animal shelters and tool sheds).

The construction of additions to existing buildings which do not increase the first-floor area by more than 20%, which are located on the upstream or downstream side of the existing building, and which do extend beyond the sides of the existing building that are parallel to the flow of floodwaters.

Minor maintenance dredging of a stream channel where:

The affected length of stream is less than 1,000 feet;

The work is confined to reestablishing flows in natural stream channels; or

The cross-sectional area of the dredged channel conforms to that of the natural channel upstream and downstream of the site.

The flood-carrying capacity within any altered or relocated watercourse shall be maintained.

Compensatory storage.

The excavation volume shall be at least equal to 1.5 times the volume of storage lost due to the fill or structure.

In the case of streams and watercourses, such excavation shall be made opposite or adjacent to the areas so filled or occupied.

All floodplain storage lost below the existing ten-year flood elevation shall be replaced below the proposed ten-year flood elevation. All floodplain storage lost above the existing ten-year flood elevation shall be replaced above the proposed ten-year flood elevation. All such excavations shall be constructed to drain freely and openly to the watercourse.

Permitting requirements applicable to all floodplain areas. In addition to the requirements found in §§ 138-6N(4), (5) and (6) for development in flood fringes, designated floodways, and SFHA or floodplains where no floodways have been identified (Zones A, AO, AH, AE, A1-A30, A99), the following requirements shall be met:

Public health standards.

No developments in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation (FPE).

New and replacement water supply systems, wells, sanitary sewer lines and on-site waste disposal systems may be permitted, provided all manholes or other aboveground openings located below the FPE are watertight.

Carrying capacity and notification.

For all projects involving channel modification, fill, or stream maintenance (including levees), the flood-carrying capacity of the watercourse shall be maintained.

In addition, the Village shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse.

Protecting buildings.

All buildings located within a one-hundred-year floodplain, also known as the "SFHA," shall be protected from flood damage below the flood protection elevation. These building protection criteria may be met by one of the following methods in §§ 138-6N(7)(c)[2] through 138-6N(7)(c)[5] below and applied to the following situations:

Construction or placement of a new building;

A structural alteration to an existing building that either increases the first-floor area or the building's market value by more than 50%;

Installing a manufactured home on a new site or a new manufactured home on an existing site. This building protection requirement does not apply to returning a mobile home to the same site it lawfully occupied before it was removed to avoid flood damage; and

Installing a travel trailer on a site for more than 180 days.

A residential or nonresidential building, when allowed, may be constructed on permanent land fill in accordance with the following:

The lowest floor (including basement) shall be at or above the flood protection elevation.

Fill requirements.

The fill shall be placed in layers no greater than one foot deep before compaction and should extend at least 10 feet beyond the foundation of the building before sloping below the flood protection elevation.

The top of the fill shall be above the flood protection elevation. However, the ten-foot minimum may be waived if a structural engineer certifies an alternative method to protect the building from damages due to hydrostatic pressures.

The fill shall be protected against erosion and scour.

The fill shall not adversely affect the flow or surface drainage from or onto neighboring properties.

A residential or nonresidential building may be elevated in accordance with the following:

The building or improvements shall be elevated on crawl space, stilts, piles, walls, or other foundation that is permanently open to floodwaters and not subject to damage by hydrostatic pressures of the base flood or one-hundred-year frequency flood. The permanent openings shall be no more than one foot above the existing grade, and consist of a minimum of two openings. The openings must have a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the base flood elevation.

The foundation and supporting members shall be anchored and aligned in relation to flood flows and adjoining structures so as to minimize exposure to known hydrodynamic forces such as current, waves, ice and floating debris.

All areas below the flood protection elevation shall be constructed of materials resistant to flood damage.

The lowest floor (including basement) and all electrical, heating, ventilating, plumbing, and air-conditioning equipment and utility meters shall be located at or above the flood protection elevation.

Water and sewer pipes, electric and telephone lines, submersible pumps, and other waterproofed service facilities may be located below the flood protection elevation.

The areas below the flood protection elevation may only be used for the parking of vehicles, building access or storage in an area other than a basement.

Manufactured homes, and travel trailers to be installed on a site for more than 180 days, shall be elevated to or above the flood protection elevation; and shall be anchored to resist flotation, collapse or lateral movement by being tied down in accordance with the Rules and Regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to 77 III. Adm. Code Part 870. In addition, all manufactured homes shall meet the following elevation requirements:

In the case of manufactured homes placed or substantially improved 1) outside of a manufactured home park or subdivision, 2) in a new manufactured home park or subdivision, 3) in an expansion to an existing manufactured home park or subdivision, or 4) in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage from a flood, the top of the lowest floor shall be elevated to or above the flood protection elevation.

In the case of manufactured homes placed or substantially improved in an existing manufactured home park or subdivision, the manufactured home shall be elevated so that either the top of the lowest floor is above the base flood elevation or the chassis is at least 36 inches in height above grade and supported by reinforced piers or other foundations of equivalent strength, whichever is less.

Recreational vehicles or travel trailers shall be required to meet the elevation and anchoring requirements of Subsection N(7)(c)[3][e] above unless:

They are on site for fewer than 180 consecutive days; and

They are fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utility and service devices, and has no permanently attached additions.

Only a nonresidential building may be structurally dry floodproofed (in lieu of elevation), provided that:

A registered professional engineer shall certify that the building has been structurally dry floodproofed below the flood protection elevation, the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood or one-hundred-year frequency flood.

The building design shall take into account flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and impacts from debris or ice.

Floodproofing measures shall be operable without human intervention and without an outside source of electricity (levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this subsection).

Existing buildings located within a designated floodway shall also meet the more restrictive appropriate use standards included in § 138-6N(5). Nonconforming structures located in a designated floodway may remain in use and may only be enlarged, replaced or structurally altered in accordance with § 138-6N(5)(b).

Other development requirements. The Village shall take into account flood hazards, to the extent that they are known, in all official actions related to land management, use and development.

New development.

New structures, subdivisions, manufactured home parks, annexation agreements, and planned developments within the SFHA shall be reviewed to assure that the proposed developments are consistent with the requirements of this section and the need to minimize flood damage.

Plats or plans for new subdivisions, mobile home parks and planned developments shall include a signed statement by a registered professional engineer that the plat or plans account for changes in the drainage of surface waters in accordance with the Plat Act (765 ILCS 205/2).

Proposals for new subdivisions, manufactured home parks, travel trailer parks, planned developments and additions to manufactured home parks and additions to subdivisions shall include base flood or one-hundred-year frequency flood elevation data and floodway delineations.

Where this information is not available from an existing study filed with the Illinois State Water Survey, the applicant's engineer shall be responsible for calculating the base flood or one-hundred-year frequency flood elevation per § 138-6N(3)(d) and the floodway delineation per the definition in § 138-1B.

The applicant's engineer shall submit the data to IDNR/OWR for review and approval as best available regulatory data and then send it to the State Water Survey. The applicant's engineer shall also submit the data to FEMA for a letter of map revision (LOMR).

Streets, blocks, lots, parks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams and channels. Private ownership of floodplain and floodway shall be discouraged.

The Village shall not approve any special use permit for a planned development unless such agreement or plat is in accordance with the provisions of this section.

§ 138-7 Easements and utilities.

Utility easement.

Utility easements must be provided in the rear of all residential lots. The Development Services Director is also authorized to require easements along front and side lot lines.

Utility easement must be at least 10 feet in width and normally centered upon lot lines.

Drainage easements.

Where a subdivision contains a watercourse, drainageway, channel, stream, creek, pond, embankment, floodplain or wetland, these features and any required buffer area (as described in the County Water Resource Ordinances for Unincorporated Will County) must be placed in an appropriate easement or deed restriction to preserve the stormwater management function of the drainage feature and protect the natural resource value of the drainage feature.

The width of the drainage easement will be established by the Development Services Director based on the area of land drained by the watercourse and to allow access for construction and maintenance equipment.

The one-hundred-year flow path must be placed in an easement through the subdivision large enough to accommodate the one-hundred-year flow and any required buffer area.

Drainage easements with a minimum width of 10 feet must be placed at the rear of all lots.

All constructed stormwater management facilities must be placed in drainage easements. A minimum fifteen-foot-wide access easement must be provided for maintenance. The width must be measured from the closest public right-of-way.

Obstructions. No obstructions, including, but not limited to, sheds, pools, berms and planters, may be placed in any public utility or drainage easement in a manner that will block or divert the flow of surface drainage. Any fences built in or across a public utility or drainage easement must be either open to allow the flow of surface water, or have the bottom of the fence or obstruction above the ground level to allow the unobstructed flow of surface water.

Screen planting easement. An effective screen-planting easement not less than 15 feet wide is required between residential and commercial or industrial lots, or along lot lines to discourage the undesirable development of residential lots fronting on major streets. Required screening easements are in addition to any other easements that may be required on the lot, such as drainage and utility easements.

Underground installation of utilities.

Underground installation required. All utility distribution lines for telephone, electric, and gas service in a subdivision shall be placed underground. Installation of such facilities shall be made in compliance with the applicable orders, rules, and regulations of the Illinois Commerce Commission now or hereafter effective. The subdivider shall be responsible for compliance with rules and regulations of any public utility whose service will be required for the subdivision, which rules and regulations relate to the provision of such facilities, and which rules and regulations are now effective or hereafter become effective and are filed with such Commission pursuant to the Illinois Public Utilities Act (220 ILCS 5).

Placement within easement. Underground telephone, electric, and gas service shall be placed within easements or dedicated public ways in a manner which will not conflict with other underground services. Further, all transformer boxes shall be located so as not to be unsightly or hazardous to the public.

§ 138-8 Water and sanitary sewers.

Water supply.

Mostly private with some exceptions.

A complete public water supply and distribution system, including all appurtenances and stubs to each lot, must be provided for all subdivisions within 1,320 feet of an existing water main.

Public water supply and distribution systems must comply with the requirements of the State Environmental Protection Agency and the State Department of Public Health.

Wells. Individual water supplies may be permitted subject to all applicable state and Village regulations.

Wastewater.

Mostly private with some exceptions.

A complete public sanitary sewer system including service connections must be provided for all lots within 1,320 feet of an existing sanitary sewer main, except those lots to which sanitary sewers are unable to be extended due to State Environmental Protection Agency restrictions or similar hardships.

A complete sanitary sewer system including service connections must be provided for all lots that are unable to comply with the requirements of the Will County Sewage Treatment and Disposal Ordinance.

Individual wastewater disposal systems.

In any subdivision that is not located within 1,320 feet of an existing sanitary sewer, individual sewage disposal systems may be installed in accordance with the Will County Sewage Treatment and Disposal Ordinance.

Individual mechanical sewage treatment systems must discharge in accordance with the Will County Sewage Treatment and Disposal Ordinance.

Connection to Village-owned water and/or sanitary sewer mains.

[Added 1-13-2021 by Ord. No. 21-001]

Connection permit application.

Any person desiring to make any connection with the water system of the Village, or to use the water therefrom, shall first make application to the Village upon such form as may be furnished for that purpose. There shall be two classes of building water connection permits: a) for residential water connection (including multifamily structures); and b) for commercial, institutional/governmental or industrial water connection. Each applicant shall state, among other things:

The location for the premises for which such service is sought.

The type of improvement thereon.

The purposes for which the water is to be used.

The size of the water and sewer service lines requested.

The size of the water meter needed for the proposed service.

The number of water meters that will be required for the service.

The method of metering usage pursuant to this article.

Whether building will have a landlord/house meter and service line.

The number of cross-connection devices.

The Village will calculate the fees required for such connections, including tap-on fees, water meter charges and any other applicable fee or charges. These fees shall be paid at the time of the issuance of a permit.

Tap-on fees: The following fees shall be paid to the Village by the applicant:

A building water connection permit and inspection fee of $1,309 per PE shall be paid to the Village at the time the application is filed.

A building sanitary sewer connection permit and inspection fee of $842 per PE shall be paid to the Village at the time the application is filed.

Impact fees: The following fees shall be paid to the Village by applicants connecting to specific Village-owned water and/or sanitary sewer mains (as identified below):

159th Street Water Main: $5,451.04 per acre.

Fiddyment Creek Sanitary Sewer:

Base impact fee: $3,333.32 per acre, for those developments with a population equivalent (PE) of 5.25 PE per acre or less.

Additional fee: $596.79 per PE above 5.25 PE per acre.

Liability for costs: All costs and expenses incident to the installation and connection of the building water service connection and extension shall be borne by the owner of the premises being served. The owner of the premises being served shall indemnify the Village from any loss, claims, liability or damage that may be directly or indirectly occasioned by the installation of the building water service connection and extension.

Right to refuse service: The Village reserves the right to refuse connection if, in its sole determination, there is insufficient transmission capacity in the water distribution system to properly meet the needs of the proposed usage or if the proposed usage is such that allowing the connection would impair the distribution system transmission capacity to other parts of the Village.

Water and sewer charge.

[Added 3-24-2021 by Ord. No. 21-016]

Minimum charge. Each meter user shall pay a monthly minimum charge when the quantity of water consumed is less than the minimum rate of 2,000 gallons per month.

Water and sewer rate surcharge. The Village shall charge the following monthly flat rate to every combined sewer and water user, water user only and sewer user only of the Village:

	Water	Sewer
Starting April 1, 2021, and each month thereafter	$10	$7

Rates. The rates for each customer account shall be increased annually in accordance to the following schedules:

Metered Account
	Water Usage Cost per 1,000 gallons	Sewer Usage Cost per 1,000 gallons	Water Surcharge	Sewer Surcharge	Minimum Charge
April 1, 2021	$7.50	$6.50	$10	$7	$28
December 15, 2021	$7.88	Increase by CPI	$10	$7	$29
December 15, 2022	Increase by CPI	Increase by CPI	$10	$7	$29.70

Non-Metered Account
	Water Usage Cost	Sewer Usage Cost	Water Surcharge	Sewer Surcharge
April 1, 2021	$49.62	$42.87	$10	$7
December 15, 2021	$52.10	Increase by CPI	$10	$7
December 15, 2022	Increase by CPI	Increase by CPI	$10	$7

Every year thereafter the above schedule, the water rates shall raise in accordance with the annual Consumer Price Index (CPI).

Sewer rates continue to raise annually in accordance with the annual Consumer Price Index (CPI).

Bills.

The rates or charges for service shall be payable monthly, bimonthly, or quarterly depending on the determination of the Village of service for which bills are rendered. The owner of the premises, the occupant thereof, and the user of the service shall be jointly and severally liable to pay for the service to such premises and the service is furnished to the premises by the Village only upon the condition that the owner of the premises, occupant, and user of the services are jointly and severally liable therefor to the Village.

Bills for sewer service shall be sent out by the Village on or about the first day of the billing period succeeding the period for which the service was billed.

All sewer and water bills are due and payable 15 days from the date of issuance (due date), then any portion of the amount due which is unpaid as of the payment due date is subject to a finance charge at the annual percentage rate of 18% (1.5% per month) on the unpaid balance each month.