[Amended 6-5-1995 by Ord.
No. 2746; 4-17-2000 by Ord. No. 3354; 8-7-2006 by Ord. No. 4161; 9-2-2008 by Ord. No. 4411; 7-6-2010 by Ord. No. 4574; 12-3-2012 by Ord. No. 4769; 9-16-2013 by Ord. No. 4839; 11-3-2014 by Ord. No. 4940; 6-15-2015 by Ord. No. 4996; 2-20-2017 by Ord. No. 5167; 9-18-2017 by Ord. No. 5221; 7-16-2018 by Ord. No. 5312; 1-20-2020 by Ord. No. 5476; 6-7-2021 by Ord. No. 5621]
A.
Due process.
1.
Purpose. The purpose of this section is to define and outline the
development review procedures that petitioners, government agents,
and elected and appointed officials follow for transparent review
for development and redevelopment in the Village of Orland Park.
2.
Organization. The organization of this section is laid out in a manner
that reflects the process of development review, beginning with the
determination of the type of review required, the review sequences,
the review procedures, and finally the role of the Development Services
Department. This section informs the public, the petitioner, the government
agent, and the elected and appointed officials of the procedures of
the Village of Orland Park for development review. It also simultaneously
guides them through the decision-making process and acts as a map
for development review in the Village of Orland Park.
3.
General Process. There are three distinct development review processes
which are outlined in Chart 5-101.A(A) at the end of this section.
The three processes are summarized as follows:
a.
Development requiring Plan Commission and Board of Trustees review:
(1)
Pre-application Review with Village Staff.
(2)
Filing of Application and Scheduling Plan Commission Public
Hearing.
(3)
Plan Commission Review and Recommendation.
(4)
Committee of the Whole and/or Board of Trustees Review.
(5)
Final Plan Preparation and Staff Review.
(6)
Committee of the Whole Review.
(7)
Board of Trustees Review and Decision.
4.
Appearance before Committee of the Whole. In the case where a petition
has received a unanimous recommendation from the Plan Commission and
at the discretion of the Director of Development Services, the requirement
to appear before the Committee of the Whole and the Board of Trustees
prior to final plan preparation and staff review may be waived, therefore
permitting such project to proceed directly to final plan preparation
and staff review. In such cases where a petition has not received
a unanimous recommendation for approval from the Plan Commission,
the petition shall proceed from the Plan Commission to the Committee
of the Whole. The Committee of the Whole shall then determine if the
application should proceed to final plan preparation and review, be
forwarded to the Board of Trustees, or be remanded to the Plan Commission
for further consideration.
B.
Petitions, applicability, and plan review.
1.
Petitions. All development and redevelopment in the Village of Orland Park requires the submittal of a petition or application to the Development Services Department for the purpose of establishing a public record and beginning the process for the departmental review. Petition/Application forms are obtained from the Development Services Department. For more information on the role of the Development Services Department see § 5-101K. In the instance that this Code requires certain distances within a regulation, the measurements shall be made to the property line, unless the measurement is defined otherwise within such regulation or unless interpreted differently by staff based on the intent of the regulation.
2.
Applicability. There are two public review processes in the Village
of Orland Park for petitions: a public meeting with a public hearing
and a public meeting without a public hearing. The following subsections
outline which petitions go to public hearings and which go to public
meetings, respectively, for each body. Petitions listed under Plan
Commission, for example, begin at Plan Commission and move through
the general process; petitions listed under Board of Trustees begin
and end at the Board of Trustees; and so on. In all cases, petitions
are reviewed and processed by the Development Services Department.
The administrative decision petitions are also outlined below.
a.
Public hearing. Public hearings require a published public notice
and are held at public meetings. At a public hearing, the public can
attend to provide testimony and view details regarding development
review before the appropriate official body.
(1)
A public hearing at Plan Commission shall be required for applications
regarding:
(A)
Special uses;
(B)
Special use amendments;
(C)
Variances (except as in Subsection B(5) below);
(D)
Rezoning/Map amendments;
(E)
Subdivision review (with the exception of nonresidential lot
consolidations);
(F)
Designation of historic and/or architectural landmarks;
(G)
Amending the Local Register of Significant Places (LRSP) and the Natural Heritage Sites (NHS) lists in § 5-110;
(4)
All public hearings pertaining to land development take place
before the Plan Commission with the exception of annexation agreements,
variances affecting one single-family residential dwelling, and variances
affecting multifamily residential dwellings of fewer than six units.
b.
Public meeting. A published public notice is not required in order
to hold a public meeting, although the requirements of the Illinois
Open Meetings Act must be met. Public meetings are held at Plan Commission,
at the Committee of the Whole, and at the Board of Trustees. The public
can attend public meetings but are not guaranteed the opportunity
to provide testimony regarding development review.
c.
Administrative decisions. Administrative decisions are a third review
process. Administrative decisions are made internally by the Development
Services Department.
d.
Commissions. For cases where petitions are handled at a commission
other than Plan Commission, the rules, procedures and standards outlined
in the following subsections apply to the commission in question per
the commission's particular petitions as outlined above.
3.
Plans for review process. A preliminary plan shall be submitted for
review to the Development Services Department as part of the application
for development. The Plan Commission shall review the preliminary
plan and make its recommendations pursuant to the below sections of
these regulations. The Committee of the Whole, if required by § 5-101.A.4,
shall then follow with similar review. Board of Trustees which shall
then either deny the application or direct the application to proceed
with preparation of final plans.
a.
Plans with plats of subdivision. At a minimum, plats of subdivision must be accompanied by a preliminary plan for each subdivided lot and a conceptual plan of the surrounding area as required by the Development Services Department. Applicants for plat approval may be required to submit additional information or studies, such as building envelopes and conceptual plans for the surrounding area, which the Development Services Department, the Plan Commission and/or the Board of Trustees may deem necessary to review at a later time. For more information on plats see § 5-112.
b.
Conditions. The Plan Commission, the Committee of the Whole, if required
by § 5-101.A.4, and/or the Board of Trustees may attach
to their recommendations to and/or approvals of a preliminary plan,
a final plan, or a plat reasonable conditions not otherwise addressed
by these regulations as are necessary to carry out the purpose of
these regulations, the Comprehensive Plan, cause incremental improvements,
and to prevent or minimize adverse effects upon other property, including,
but not limited to: limitations on size and location, requirements
for landscaping, provision of adequate ingress and egress and off-site
and project-related improvements. Other conditions such as the duration
of the approval, hours of operation, and mitigation of environmental
impacts may also be attached.
c.
Conditions on record plats of subdivision. When conditions pursuant
to § 5-101.B.3.b above are attached to a subdivision plat,
or a record plat of survey or other type of plat, review of said plat
shall be continued until the conditions are deemed met by the Development
Services Department or decision-making body which attached the conditions,
and then the plat shall be approved by the Village Board of Trustees
so that the record plat of subdivision is accurate when issued to
the County.
d.
Notification. Notification of all Village Board decisions shall be
mailed to the petitioner/applicant and the owner of record if different
from the applicant.
C.
Public meeting sequence with a public hearing.
1.
Public meeting at plan commission with a public hearing.
a.
Plan Commission. The Plan Commission shall hold a public hearing
in accordance with the provisions of § 5-101.G on applications
identified in § 5-101.B.2(a). The Plan Commission shall
review the report and recommendation of the Development Services Department
and testimonygiven at the public hearing and make a recommendation
to the Board of Trustees for approval, approval with conditions, or
disapproval. The Plan Commission may also choose to forward to the
Board of Trustees without a recommendation.
b.
The Committee of the Whole. The Committee of the Whole, if required
by § 5-101.A.4, shall review the plans and documents, the
Plan Commission recommendation, and the Development Services Department
report and recommendation and shall recommend approval, approval with
conditions, or disapproval to the Board of Trustees. If the Committee
of the Whole recommends approval or approval with conditions, the
Committee of the Whole shall authorize the applicant to proceed to
final plan preparation and staff review as per § 5-101.C.1c.
If the Committee of the Whole recommends denial, the petition will
proceed directly to the Board of Trustees. If there are significant
changes to the development application, the Committee of the Whole
or the Board of Trustees may remand the application to the Plan Commission
for further review and recommendation.
c.
Final plan preparation and staff review. Upon a positive and unanimous
recommendation from the Plan Commission or as per § 5-101.A.4,
the applicant, working with the Development Services Department, shall
proceed with preparation and review of final engineering and landscaping
plans, final plat of subdivision, outside agency approvals, engineer's
estimate of cost, letter of credit, and payment of applicable fees.
Concurrently, the Development Services Department shall proceed with
preparation of a draft development agreement or annexation agreement
as may be applicable. The recommendation of the Plan Commission shall
not be scheduled for review by the Committee of the Whole or the Board
of Trustees until all final plans are approved by the Development
Services Department and the applicable agreement is prepared in draft
and is ready for review and approval by the Board of Trustees.
d.
Committee of the whole. Upon staff preparation of applicable draft
agreements and determination that the plans comply with applicable
codes and prior direction from the Plan Commission, Committee of the
Whole, or Board of Trustees, the development shall proceed to the
Committee of the Whole. The Committee of the Whole shall review all
pertinent information provided by the Director of Development Services,
the Plan Commission, the petitioner, and the testimony and evidence
from prior public meetings and hearings and provide a recommendation
to the Board of Trustees for approval of the final ordinances and
agreements.
e.
Board action. Upon receipt and review of the recommendation of the
Committee of the Whole, the Board of Trustees shall grant, grant with
conditions, or deny the petition.
2.
Public meeting at Board of Trustees with a public hearing.
a.
Board of Trustees. The Board of Trustees shall hold a public hearing
for annexation agreements.
b.
Board action. Upon receipt and review of the report and recommendation
of the Development Services Department, preparation of final plans
and documents, and the testimony at the public hearing, the Board
of Trustees shall consider the annexation agreement and shall approve,
approve with conditions, or deny the annexation agreement.
3.
Public meeting at the Hearing Officer(s) with a public hearing.
a.
Hearing Officer(s). The Hearing Officer(s) shall hold a public hearing
in accordance with the provisions of § 5-101.G of these
regulations for applications regarding variance petitions affecting
one single-family residential dwelling and variance petitions affecting
multifamily residential dwellings of fewer than six units. The Hearing
Officer(s) shall review a preliminary plan or related documentation,
the report and recommendation of the Development Services Department
and testimony given at the public hearing and, if the application
for a variance is within one of those variances authorized in § 5-109.E,
grant the variance with or without conditions or deny the variance.
If the variance is not within one of those variances authorized in
§ 5-109.E, the Hearing Officer(s) shall review a preliminary
plan or related documentation, the report and recommendation of the
Development Services Department and testimony given at the public
hearing and either recommend approval, with or without conditions,
or disapproval to the Board of Trustees, or not make a recommendation
but forward to the Board of Trustees.
b.
Board action. Upon receipt and review of the Hearing Officer(s) recommendations,
and the Development Services Department's report and recommendation,
the Board of Trustees shall consider the variances requested not authorized
in § 5-109.E for the Hearing Officer(s) to grant or deny
and shall grant, with or without conditions, or deny the petition/application.
D.
Public meeting sequence without a public hearing.
1.
Public meeting at Plan Commission.
a.
Plan Commission. The Plan Commission shall hold a public meeting
whenever an applicant petitions for preliminary plan review, elevations
review and/or an appeal of an administrative decision that does not
include a special use, special use amendment, variance, text and map
amendment (rezoning) and/or subdivision review. It will also hold
a public meeting regarding minor changes to landmarks. The Plan Commission
shall review a preliminary plan and/or the historical/architectural
significance of the petition's subject and the report and recommendation
of the Development Services Department and either recommend approval,
with or without conditions, or disapproval to the Board of Trustees,
or not make a recommendation but forward to the Board of Trustees.
b.
The Committee of the Whole. The Committee of the Whole, if required
by § 5-101.A.4, shall review the preliminary plan, the Plan
Commission recommendation and the Development Services Department
report and recommendation and shall recommend approval, with or without
conditions, or disapproval to the Board of Trustees.
c.
Board action. Upon receipt and review of the Plan Commission's and
the Committee of the Whole's, if required by § 5-101.A.4,
recommendations, and the Development Services Department's report
and recommendation, the Board of Trustees shall consider the final
plan, elevations and preliminary landscape plan or the Certificate
of Appropriateness for minor changes to landmarks and shall grant,
grant with conditions, or deny the petition/application.
2.
Public meeting at Board of Trustees.
a.
Board of Trustees. The Board of Trustees shall review, at a regular
or special meeting, preliminary or final plans, plats of subdivision
(including consolidations), development agreements, and other related
ordinances.
b.
Board action. Upon receipt and review of the report and recommendation
of the Development Services Department, the Board of Trustees shall
consider the preliminary or final plans, plats of subdivision, development
agreement and/or other related ordinances and shall grant, grant with
conditions, or deny these items.
E.
Administrative decisions regarding appearance and site plan review.
1.
Administrative decisions at Development Services Department.
a.
Administrative decision. Section 5-106 of these regulations regulates the administrative decision process with regard to petitions/applications that require appearance and related site plan review. The Development Services Department may approve, with or without conditions, or deny a petition for an administrative decision. Administrative decisions do not go to Plan Commission unless an appeal is made by the petitioner/applicant. The appeal to Plan Commission is heard at a public meeting.
b.
Administrative decision in the Old Orland Historic District or on
landmarks. Section 6-209 of these regulations regulates the administrative
decision process with regard to petitions/applications that require
certificates of appropriateness for routine maintenance on contributing
structures or landmarks, and minor changes or routine maintenance
on noncontributing structures. The Development Services Department
may approve, with or without conditions, or deny a petition for an
administrative decision. Administrative decisions do not go to Plan
Commission unless an appeal is made by the petitioner/applicant. The
appeal to the Plan Commission is heard at a public meeting.
F.
Timeline of process, jurisdictional approval and expiration.
1.
Six-month rule. Any petition that has not proceeded forward within
six months from petition date to the Plan Commission, or within six
months from Plan Commission to the Committee of the Whole, if required
by § 5-101.A.4, or within six months from the Committee
of the Whole due to inactivity may be terminated by the Development
Services Department. The Development Services Department must notify
the petitioner prior to termination of the petition.
2.
Jurisdictional approval. If the final plan covers land either wholly
or partly outside the corporate limits of the Village, the approval
of the Board of Trustees shall not be final until the applicable jurisdiction
in which said development is located has approved it.
3.
Expiration. If there is no activity after three years of approval
by the Board of Trustees of a special use and/or final plan, the special
use and/or final plan shall expire unless an extension is granted
by the Board of Trustees.
G.
Public hearing procedures.
1.
Purpose. The purpose of the following process is to provide an opportunity
for the public to be notified about, to be able to view the details
of, make a submission about, and/or voice their opinions on a development
application, proposal, or petition.
2.
Notice of public hearing. The public shall be notified about all
public hearings.
a.
Notification details. All notices of public hearings shall include:
(1)
The date, time and place of the public hearing;
(2)
A summary of the proposal under consideration;
(3)
The address and legal description of the specific property that
is the subject of the public hearing for matters regarding a rezoning,
a special use permit, a variance, an annexation, a subdivision, a
landmark designation or a certificate of appropriateness.
(4)
That said meeting may be continued without republication up
to three times.
b.
Notification requirements. All notices of public hearings shall also
meet the following requirements:
(1)
The Development Services Department shall publish a copy of
the notice in one or more newspapers with general circulation in the
counties in which the Village of Orland Park and contiguous unincorporated
territory are located.
(2)
It is the petitioner's/applicant's responsibility to send a
copy of the notice by certified mail with return receipt requested
to each of the owners of record of adjacent properties and within
300 feet of any property upon which development is proposed. The petitioner/applicant
must also retain the certified mail receipts for a period of no less
than seven years from the final Village Board action on the proposal.
(3)
It is the petitioner's/applicant's responsibility to post a
weatherproof sign(s) at least three feet by four feet (or 48 inches
by 36 inches) in front surface area, the bottom of which shall be
mounted at least four feet above the ground, and to have at least
one sign in the most visible location to the general public, such
as along a primary roadway. Such sign(s) shall be posted on private
property and shall remain until the conclusion of the public hearing.
Failure to comply with the provisions of this subsection shall not
render the public hearing invalid, provided that a good-faith effort
was made to comply. The petitioner must remove the public hearing
notice sign(s) no later than 30 days after the Village Board action
on the proposal. The sign must display wording that at a minimum notifies
the public about the public hearing for the procedure which has triggered
the public hearing. It must include the date, time, place and the
contact information of the Development Services Department. Arial
or Arial Narrow shall be the font in which the public hearing signs
are printed. The notice, date and time of the sign must be no less
than 3.5 inches in height and the remaining information on the sign
no less than 2.5 inches in height.
(4)
All required notices shall be provided at least 15 days, but
no more than 30 days, in advance of the published public hearing.
(5)
It is the petitioner's/applicant's responsibility to submit
a notarized affidavit to staff prior to or at the Plan Commission
meeting confirming that all requirements listed above have been met.
c.
Other requirements.
(1)
For public hearings regarding Comprehensive Plan amendments
and/or Land Development Code text amendments, notices shall be provided
by the requirements outlined in § 5-101.G.2.b(1) and 5-101.G.2.b(4)
only.
(2)
For amendments to the Zoning Map, notices shall be provided
by the requirements outlined in § 5-101.G.2.b(1), § 5-101.G.2.b(2)
and § 5-101.G.2.b(4) above.
(3)
Conduct of the hearing.
(A)
Submission of testimony. Any person may appear at a public hearing
and give testimony or submit written materials, either individually
or as a representative of an organization. The decision-making body
may exclude information that it finds to be irrelevant, immaterial
or unduly repetitious.
(B)
Duty of the Development Services
Department.
(i)
The Development Services Department shall present information
concerning pertinent application considerations and the standards
set out in these regulations and make recommendations.
(ii)
Upon a showing by any person made at any time during the public
hearing, or on motion of the decision-making body, the petitioner/applicant
or the Development Services Department may be required to produce
additional information with respect to the proposed petition/application.
(C)
Continuance. The decision-making body may continue a hearing
to a specified date, time and place. Unless such continuance is publicly
announced at a properly noticed public hearing, the Development Services
Department shall cause notice to be given to all persons originally
entitled to notice of the date, time and place of such continued hearing
in the same manner as specified in § 5-101.G.2 above.
H.
Public meeting procedures.
1.
Purpose. The purpose of the following process is to provide an opportunity
for the decision-making body to review the development application,
proposal, or petition.
2.
Notice of public meeting. A public notice other than that required
by the Illinois Open Meetings Act is not required for a public meeting.
3.
Conduct of the meeting.
a.
Submission of testimony. Decision-making bodies shall accept testimony
or written materials from individuals or representatives of an organization
outside of the applicant at public meetings.
b.
Duty of the Development Services Department.
(1)
The Development Services Department shall present information
concerning pertinent application considerations and the standards
set out in these regulations and make recommendations.
(2)
Upon a motion of the decision-making body, the applicant or
the Development Services Department may be required to produce additional
information with respect to the proposed petition/application.
c.
Continuance. The decision-making body may continue a hearing to a
specified date, time and place.
I.
Record of hearings.
1.
Recording hearings. The Development Services Department shall ensure
that the proceedings are recorded by appropriate means.
2.
Record. The record of proceedings shall consist of the recording
of testimony, all applications, exhibits, and papers submitted in
any proceeding with respect to the matter being considered, and the
summary and report or reports of the Development Services Department.
3.
Open record. All summaries and reports of the Development Services
Department shall be public records open to inspection at a reasonable
time and upon reasonable notice.
4.
Examination and copying of application. Any person may examine any
application for development approval and other material submitted
in regard to that application, and may obtain copies of the application
and other materials upon reasonable request and payment of a fee to
cover the actual cost of such copies.
J.
Ethics rules.
1.
Conflicts. Any member of a decision-making body having any direct
or indirect financial interest in property or who lives within 500
feet of any property which is the subject of a public hearing or public
meeting or who might have interest in the outcome of the petition
shall disclose such fact at the hearing, prior to voting on the matter.
2.
Contacts outside of the hearing. If any member of a decision-making
body receives a substantive communication from any person outside
the hearing concerning a subject matter under consideration by that
body, the member shall make a statement at the hearing describing
the circumstances and substance of the communication.
3.
Other rules to govern. Other matters pertaining to the public hearing
or public meeting shall be governed by other provisions of these regulations
applicable to the body conducting the hearing and its adopted rules
of procedure.
K.
Role of the Development Services Department.
1.
Conference with the Development Services Department.
a.
Pre-application conference. A petitioner or an applicant for development
approval may request an informal conference with the Development Services
Department prior to filing a petition or application. The pre-application
conference shall be informal and its purpose shall be to discuss the
proposals, views and concerns of the applicant and the Village, and
to review for compliance with codes, plans and policies.
2.
Application submission requirements.
a.
Application and fee. When the petitioner or applicant is ready following the pre-application conference, all applications for development approval shall be submitted to the Development Services Department, accompanied by the payment of a fee as authorized in § 1-104. Applicants for development approval may be required to submit additional information.
3.
Complete applications.
a.
Determination of completeness. Within 15 days after receipt of an
application for development approval, the Development Services Department
shall determine whether the application is complete. If it is determined
that the application is complete, the applicant will be notified in
writing that the application has been accepted for filing. If the
application is not complete, the applicant shall be notified, specifying
the deficiencies of the application, including any additional information
which must be supplied. A complete application shall consist of the
following documents and the requirements outlined in a petition application
packet prepared by the Director of Development Services, unless otherwise
determined by the Director of Development Services:
(1)
A fully completed notarized petition form;
(2)
Site plan;
(3)
Building elevations;
(4)
Required review fees as set by the Village Board of Trustees;
(5)
Preliminary landscape plan;
(6)
Preliminary engineering plans;
(7)
Preliminary plat of subdivision;
(8)
Traffic study, if required by § 6-405;
(9)
Original, sealed plat of survey (ALTA or otherwise), including
legal description;
(10)
Disclosure of ownership information:
(A)
A receipted copy of the most recent property tax bill, or evidence
of payment (copy of bill, canceled check, etc.);
(B)
A copy of the current title insurance policy;
(C)
If the property is owned by the petitioner, a copy of the latest
recorded deed;
(D)
If the property is rented or leased by the petitioner, a letter
of authorization to submit the petition from the property owner;
(E)
If the petitioner is a contract purchaser and the property is
undergoing due diligence for a contract sale, a copy of the contract
to purchase and a letter of authorization to submit the petition from
the property owner;
(F)
If the property is owned by a trust, a certified copy of the
trust agreement, a list of beneficiaries, and a letter of authorization
to submit the petition from the trust officer;
(G)
Copy of any covenants, conditions, easements, or restrictions
placed on the property and now of record concerning use limitations,
the type of improvements, setbacks, area or height requirements, occupancy,
etc.
(11)
Responses to the special use standards, variance standards and/or
rezoning factors, as needed on a per-project basis, if applicable;
(12)
Additional supporting documents listed within the Development
Services development petition application packet;
(13)
Additional documents not listed here may be requested as needed
by the Development Services Department but shall not be used to determined
completeness. A complete petition does not mean the right to automatic
scheduling to public meetings or public hearings.
b.
Incomplete application. As long as an application remains incomplete,
no further action shall be taken by the Village on the application
until the deficiencies are corrected.
c.
Remedy of deficiencies. If the applicant fails to correct the specified
deficiencies within 30 days of the notification of deficiency, the
application for development approval may be terminated by the Village.
4.
Review by Development Services Department.
a.
Application review. The Development Services Department shall review the complete application for development approval in accordance with these regulations and particularly with § 5-105, if the development requires a special use permit, § 5-108, if the development requires an amendment to the text of these regulations or the Zoning District Map, § 5-109, if the development requires a variance, § 5-112, for development requirements and subdivision review, and/or §§ 5-110 and 6-209, if the development requires a certificate of appropriateness.
b.
Preliminary plan review process. The Development Services Department
shall review the complete application for development and its preliminary
plan before proceeding to Plan Commission.
c.
Preliminary engineering review process. The Development Services
Department shall review the engineering plans associated with the
application for development and confirm preliminary engineering acceptance
prior to proceeding to the Plan Commission or hold the application
from proceeding to Plan Commission until outstanding preliminary engineering
items are met.
d.
Final plan review process. The Development Services Department may
continue to review the complete application for development throughout
the decision-making process to recommend corrections or amendments
to plans pursuant to recommendations by the Plan Commission, the Committee
of the Whole, and the Board of Trustees.
e.
Final engineering review process. The Development Services Department
shall review the final engineering plans associated with the application
for development to determine that the plans comply with applicable
codes and prior direction from the Plan Commission, Committee of the
Whole, or Board of Trustees, prior to consideration of the final ordinances
or agreements by the Board of Trustees.
(1)
If the final engineering review results in substantial alterations
to the plans reviewed during the public hearing by the Plan Commission
and by the Committee of the Whole, then the applicant shall return
to the Plan Commission and restart the development review process,
republishing in the event of a petition requiring a public hearing.
Substantial alterations to a final plan shall include but not be limited
to things such as:
(A)
Enlargement of stormwater facility sizes;
(B)
Reductions in setbacks;
(C)
Construction of or alterations to retaining walls;
(D)
Changes in street layout/land use;
(E)
Increases in lot coverage;
(F)
Changes to parking configurations;
(G)
Changes that result in new or expanded variances or modifications
to special use regulations; and
(H)
Changes to the number of units, building area, or building stories.
L.
Timing of applications.
1.
Waiver of time limits.
a.
By agreement. Any time limit imposed by these regulations may be
waived or extended by agreement among the Development Services Department,
the Board of Trustees, and the petitioner or applicant.
b.
Automatic waiver. Any applicant who requests a continuance of a public
meeting or a public hearing at which the applicant's application is
being considered, or who requests an extension of any time limit imposed
on the applicant by statute or these regulations, shall be deemed
to have agreed to an extension of that time limit.
2.
Successive applications.
a.
One-year rule. Whenever any application for development approval
for a special use permit, variance, text and map amendment to the
Zoning Map (rezoning), subdivision, or preliminary plan is denied,
the petitioner will be notified that an application involving the
same property shall not be accepted for filing within one (1) year
from the date of denial.
b.
Exception. An exception to the above rule is if the subsequent application
involves a development proposal which is materially different from
prior proposals, in the opinion of the Development Services Department,
or is responsive, in the opinion of the decision-making body, to negative
findings set forth in the denial of the prior application.
.tiff.png "LD Chart 5-101A(A).tiff") |
A.
General Requirement. A development compliance approval shall be required
prior to the issuance of any building permit for any single family
residential development of six or more units and for any non-residential
development.
[Ord. 3199, 11-16-1998; amended by Ord. 4411, 9-2-2008]
B.
Purpose. The purpose of issuing development compliance approvals
is to ensure that any proposed development or modification of existing
development within the Village complies with these regulations and
any special provisions affecting a specific zoning district or development
activity.
[Ord. 3199, 11-16-1998]
C.
Authority. The Development Services Department is authorized to certify
that the proposed development of a single family home or the construction
of a fence or similar accessory structure complies with the provisions
of these regulations. The Development Services Department is authorized
to certify that all other proposed development complies with the provisions
of these regulations.
[Ord. 3199, 11-16-1998; amended by Ord. 4411, 9-2-2008]
D.
Application. An application for a development compliance approval shall be in the form specified by the Development Services Department. If such application involves a special use, evidence of recording, as required under Section 5-105H shall be provided.
[Ord. 3199, 11-16-1998; amended by Ord. 4411, 9-2-2008]
E.
Procedures.
1.
An application for a development compliance approval shall be submitted
to the Development Services Department. Upon receipt of an application
for a development of compliance approval, the Development Services
Department or its authorized representative shall examine the application.
If for any reason an application is completed improperly or insufficiently,
the application shall be rejected, accompanied by a notification of
deficiencies and the rejected application shall be returned to the
applicant.
[Ord. 3199, 11-16-1998; amended by Ord. 4411, 9-2-2008]
2.
If the Development Services Department determines that the proposed
development does not comply, the application shall be returned, accompanied
by a written statement setting forth the provisions of these regulations
with which the proposed development does not comply.
[Ord. 4411, 9-2-2008]
F.
Effect of Issuance. A development compliance approval letter from
the Development Services Department constitutes a basis for issuance
of a building permit if no other development approval is required.
[Ord. 3199, 11-16-1998; amended by Ord. 4411, 9-2-2008]
A.
General Requirement. No building or structure shall be occupied or
used until a certificate of occupancy is issued by the Development
Services Department after a determination that the building has been
constructed in accordance with the provisions of any special use permit,
plat approval, or building permit. A temporary certificate of occupancy
may be issued in accordance with the provisions of this section.
[Ord. 4411, 9-2-2008]
B.
When Certificate Required. A certificate of occupancy shall be issued
by the Development Services Department for any of the following after
compliance with all provisions of these regulations has been determined:
[Ord. 4411, 9-2-2008]
1.
Occupancy and use of a building hereafter erected, reconstructed,
enlarged or moved.
2.
Change in occupancy or use of an existing nonresidential building.
3.
Occupancy and use of vacant land.
4.
Change in the use of land to a use of a different classification.
5.
Any change in the use of a non-conforming use.
C.
Procedure.
1.
Application. An application for a certificate of occupancy or a temporary
certificate of occupancy shall be filed in a form prescribed by the
Development Services Department.
[Ord. 4411, 9-2-2008]
2.
Action on Application. The Development Services Department, or their
authorized representatives, shall inspect the property that is the
subject of an application for a certificate of occupancy or a temporary
certificate of occupancy to determine whether the use of the property
and the structures comply in all respects with the provisions of these
regulations and the Village Code, including the provisions of any
special use permit and to determine whether all construction debris
is removed from the site. The Development Services Department need
not inspect a single family dwelling prior to the issuance of a certificate
of occupancy. If the use and structure do not comply with these regulations
or other provision of the Village Code or with any Standard Construction
Specifications approved by the Village, the Development Services Department
shall deny the application in writing, setting forth the provisions
of these regulations or the Village Code with which the structure
or use does not comply unless he determines that a temporary certificate
is warranted.
[Ord. 4411, 9-2-2008]
3.
Temporary Certificate of Occupancy. A temporary certificate of occupancy
may be issued by the Development Services Department provided that:
[Ord. 4411, 9-2-2008]
a.
The applicant for such a temporary certificate demonstrates that
the construction which remains to be completed relates solely to the
external conditions of the development, such as landscaping, and is
not directly related to the safety of the premises; and
b.
The applicant demonstrates that such completion is impractical at
the time the temporary certificate is sought due to weather or other
conditions acceptable to the Development Services Department; and/or
is not directly related to the safety of the premises; and
[Ord. 4411, 9-2-2008]
c.
The applicant secures the completion of the construction with a letter
of credit, in a form acceptable to the Village Manager and Village
Attorney, and in an amount sufficient to complete the construction,
as determined by the Development Services Department.
[Ord. 4411, 9-2-2008]
d.
The applicant is restoring an historic building or is the occupant
of the building and is doing the construction him or herself.
A.
Purpose. Development permitted as of right is that development which
is permitted in a zoning district provided developed in conformity
with these regulations.
[Ord. 4411, 9-2-2008]
C.
Action on the Application. If the Development Services Department determines that the proposed development is in compliance with all the requirements of these regulations, and the proposed development has complied with all necessary and applicable review procedures of Section 5-101 and all other applicable regulations of the Village then a building permit shall be issued with or without conditions. For applications regarding any accessory structures, the Development Services Department must review the permit application before the appropriate permit is issued.
[Ord. 4411, 9-2-2008]
A.
Purpose. The purpose of special use permits is to enable the Village
to approve those uses which are generally compatible with other land
uses permitted in a zoning district, but which require individual
review of their location, design and configuration and which may require
the imposition of conditions in order to ensure the appropriateness
of the use at a particular location. The special use for a planned
development is designed to encourage flexible application of zoning
regulations in order to promote creative or imaginative design.
[Ord. 3281, 8-16-1999]
B.
Authority. The Plan Commission may in accordance with the procedures
and standards of this section recommend approval of special use permits
to the Board of Trustees.
[Ord. 4411, 9-2-2008; amended by Ord. 5167, 2-20-2017]
C.
Authorized Special Uses. Only those uses which are authorized in Article 6, or in the zoning districts currently in effect, or those nonconforming uses which are damaged or destroyed and are permitted to be re-established in Section 8-101, may be approved as special uses. The designation of a use in a zoning district does not constitute an authorization or an assurance that such use will be approved; rather, each proposed special use shall be evaluated by the Plan Commission and Board of Trustees for compliance with the standards and conditions set forth in this section and for each zoning district. Wherever a use existing on the effective date of these regulations is terminated or demolished, subsequent use of the property upon which the use was located shall be permitted only as a special use. Whenever the property underlying a special use changes ownership and the Development Services Department is notified of such change, the Department shall determine whether the potential impacts of such new ownership or other changed condition merit renewed special use review and approval. If the Development Services Department determines that the impacts of the use will be significantly altered by virtue of the new ownership, the Department shall notify the new owner that he or she must initiate an application for a special use permit. Conversely, if the Development Services Department determines that the impacts of the land use will not be significantly altered and that such other changed conditions will not occur, no additional special use approval shall be required. However, such a determination shall not eliminate the need for the new owner to obtain any other types of approvals or permits that may be required by these regulations due to the change of ownership.
[Ord. 4411, 9-2-2008; amended by Ord. 5167, 2-20-2017]
D.
Initiation. An application for a special use permit may be submitted
by the owner, an agent authorized in writing to act on the owner's
behalf, or other person having a written contractual interest in the
parcel of land proposed for development under a special use permit.
E.
Standards Applicable to All Special Uses. When considering an application
for a special use permit, the decision making body shall consider
the extent to which:
1.
The special use will be consistent with the purposes, goals, objectives
and standards of the Comprehensive Plan, any adopted overlay plan
and these regulations;
2.
The special use will be consistent with the community character of
the immediate vicinity of the parcel proposed for development;
3.
The design of the proposed use will minimize adverse effects, including
visual impacts on adjacent properties;
4.
The proposed use will have an adverse effect on the value of adjacent
property;
5.
The applicant has demonstrated that public facilities and services,
including but not limited to roadways, park facilities, police and
fire protection, hospital and medical services, drainage systems,
refuse disposal, water and sewers, and schools will be capable of
serving the special use at an adequate level of service;
6.
The applicant has made adequate legal provision to guarantee the
provision and development of any open space and other improvements
associated with the proposed development;
7.
The development will adversely affect a known archaeological, historical
or cultural resource; and
8.
The proposed use will comply with all additional standards imposed
on it by the particular provision of these regulations authorizing
such use and by all other applicable requirements of the ordinances
of the Village.
F.
Special Use Permits and Bulk Regulations. The Board of Trustees may approve a special use permit that modifies or waives the minimum development requirements set out in Article 6 of these regulations provided that the Board expressly finds that the modification or waiver will enhance the ability of the proposed special use to meet the general standards set out in Section 5-105E for all special uses.
[Ord. 4411, 9-2-2008]
G.
Special Uses.
1.
Applications. An application for a special use permit, including applications for all planned developments, shall be submitted to the Development Services Department in a form provided by the Development Services Department. Applicants for special use permits for development of 1,000 acres or more must also apply for rezoning to the Large Scale Planned Development District. Petitions or applications for special uses must move through the public hearing process as outlined in Section 5-101 of these regulations.
[Ord. 2514, 1-17-1994; amended by Ord. 4411, 9-2-2008; Ord. 5167, 2-20-2017]
H.
Effect of Issuance of a Special Use Permit. Issuance of a permit for a special use shall be deemed to authorize only the particular use for which it is issued. Such permit shall not automatically expire upon the transfer of the property to a subsequent owner. Procedures should be followed in accordance with the provisions of Section 5-105C.
[Ord. 2462, 10-18-1993]
I.
Development Under an Approved Special Use Permit.
1.
Development of the use shall not be carried out until the applicant has secured and maintained active approvals of all other permits and approvals required by these regulations, the Building Code, the Village, or regional, state and federal agencies and until the approved special use is recorded in accordance with Section 5-105H.
[Ord. 4411, 9-2-2008; amended by Ord. 5126, 9-19-2016]
J.
Inspection During Development Under a Special Use Permit.
1.
Following issuance of a special use permit, the Development Services
Department shall review on a quarterly basis until the completion
of the development, all permits issued and construction undertaken,
shall compare actual development with approved plans and permits for
development and the approved development schedule, if any, and shall
report his or her findings in writing to the Village Manager and the
Plan Commission.
[Ord. 4411, 9-2-2008]
2.
If at any time during the construction of the development approved by the special use permit, the Development Services Department determines that development is not proceeding in accordance with the special use permit as approved, then the Department may issue a stop work order and immediately notify the Village Manager. Within 30 days of the issuance of the stop work order, if the violation is not corrected, the Board of Trustees shall schedule a meeting to consider the violation, conduct a full investigation into the facts and circumstances surrounding the alleged violation, and either revoke the approved special use permit or amend the special use permit in accordance with the provisions of Subsection L or M below.
[Ord. 4411, 9-2-2008]
K.
Approval of Minor Deviations. If the Development Services Department finds that minor deviations from the approved plans and schedule are necessary or desirable, the Department may approve the deviations and amend the special use permit per the administrative Appearance Review process (see Section 5-106). Minor deviations shall be limited to the following:
[Ord. 4411, 9-2-2008; amended by Ord. 5126, 9-19-2016]
1.
Reduction of the total amount of open space by not more than 5% or
reduction of the setback area or open space associated with any single
structure by not more than 5%, provided that such reduction does not
permit the required open space to be less than that required by Section
6-302;
2.
Alteration of the location, type or quality of required landscaping
elements of the special use permit as long as the alteration does
not change the overall effect of the landscaping; and
3.
Minor alterations in building siting and parking.
[Ord. 5126, 9-19-2016]
L.
Other Amendments or Adjustments. Any other adjustments or changes not specified in subsection N above shall be considered amendments to the special use permit and shall be granted only in accordance with procedures for original approval of a special use permit, as set forth in this section.
M.
Inspections After Development.
1.
Inspections by the Development Services Department. Following completion of the development of a special use, the Development Services Department shall review the development for compliance with the use as approved. If it is determined that the special use has been developed in accordance with the approval, then a Certificate of Occupancy shall be issued in accordance with Section 5-103. If the Development Services Department finds that the development, as completed, fails in any respect to comply with the use as approved, the Department shall immediately notify the applicant of such fact. The Development Services Department shall not issue a Certificate of Occupancy pursuant to Section 5-103 until the Plan Commission has acted on the Department's notification of non-compliance.
[Ord. 4411, 9-2-2008; amended by Ord. 5126, 9-19-2016]
N.
Termination of Special Use Permits. If construction of a special use permit has not been completed in accordance with the provisions of Subsection J above, or the Plan Commission has determined that construction has not been completed in accordance with the provisions of the approved permit, the Board of Trustees shall conduct a public hearing in accordance with the provisions of Section 5-101. Upon the conclusion of the public hearing, the Board of Trustees may terminate or modify the special use permit. In making such a decision, the Board shall consider whether there are substantial and legitimate reasons why construction of the special use was either not timely or in compliance with the original approval and whether the termination of such permit will advance the goals and objectives of the Comprehensive Plan and the standards applicable to the original approval. Unless extended pursuant to Section 5-105A, special use permits shall expire three years after the date of approval by the Board of Trustees if the applicant has not started the approved work. Special use permits shall also expire if they are not utilized for three years unless an extension is granted by the Board of Trustees.
[Ord. 3354, 4-17-2000; amended by Ord. 4411, 9-2-2008; Ord. 4574, 7-6-2010]
A.
Purpose. The Appearance Review process aims to maintain and enhance
the appearance of existing development throughout the Village, inclusive
of building and site changes, without necessitating the need for formal
public meetings. The general purpose of the Appearance Review process
is to:
1.
Authorize the Development Services Department to conduct and approve
minor site and exterior building changes;
2.
Confirm conformance with requirements outlined in this Code, in particular,
but not limited to, Section 6-308 Design Standards;
3.
Maintain harmony with the community character of the area within
which the development is located;
4.
Discover improvements above and beyond minimum Code requirements
that will result in enhancements to the private and public realms;
and
5.
Function as a backup documentation, if and as needed, for the purpose
of determining the distribution of any Village incentives, as offered
at the Village's discretion, such as the Appearance Improvement Grant
(AIG).
[Amended by Ord. 5167, 2-20-2017]
B.
Authority. The Development Services Department is authorized to conduct and approve Appearance Reviews. The administration actions and the appeals process are set forth in Section 5-106D.
C.
Applicability. The Development Services Department shall determine
if a petition qualifies for an Appearance Review or if a petition
must proceed to a full site plan review, based upon the scope and
type of work contemplated. The Development Services Department reserves
the right to convert an Appearance Review to a full site plan review,
therefore requiring public meetings, due to changes in the scope of
work, finding of unknown field conditions, or discovery of new information.
1.
Zoning Districts. The Appearance Review process applies to all zoning
districts in the Village, except for property in the OOH Zoning District.
See Section 6-209 for applicable regulations for the OOH zoning District.
2.
Non-residential.
b.
Not Required.
(1)
Routine property maintenance;
(2)
Proposals that do not visibly change the appearance of the property
and its structures;
(3)
Replacement of building materials with like building materials
of the same color and dimension;
(4)
Replacement of landscape materials with like landscape materials
of the same species, quality and location; and
(5)
Restaurants, not requiring a special use, occupying an existing
or vacant former restaurant space and proposing no exterior changes.
c.
Required.
(1)
Alterations or expansions to the exterior of a building;
(2)
Changes in materials, either primary or accent;
(3)
Changes in colors, either primary or accent;
(4)
Painting of Existing Brick. See standards in Section 6-308;
(5)
Additions or modifications to building appendages, such as awnings,
rooftop screening, fencing and dumpster enclosures;
(6)
Modifications to the existing signage format, such as moving
the established sign band location or changing its background color;
(7)
Addition or modification of outdoor congregation areas, including
any ancillary improvements such as fencing, barriers, lighting and
overhead features either freestanding or attached to a structure.
(8)
Addition or modification to on-site lighting, including freestanding,
string (excluding holiday decorations) and affixed to a structure;
(9)
An increase in a parcel's lot coverage;
(10)
Any changes to a parking lot and its associated landscape zones;
(11)
Any modifications to a previously approved landscape plan, including
the relocation of existing landscape materials;
(12)
Modifications to a previously approved stormwater management
area, provided that engineering approval is granted;
(13)
Addition or modification to off-site improvements, such as sidewalks
and multi-use paths, provided that engineering approval is granted;
(14)
Restaurants, not requiring a special use, occupying an existing
or vacant former restaurant space and proposing exterior changes;
(15)
The expansion of lawfully existing restaurants operating pursuant
to a special use where the expansion will occur in an adjoining space,
regardless of its proximity to a residential parcel, provided that
the expansion does not exceed 100% of the area initially approved
for the special use for the restaurant; and
(16)
Addition or modification to drive-through accessories. See standards
in Section 6-302K.
[Amended by Ord. 5221, 9-18-2017]
3.
Residential.
b.
Not Required.
(1)
Routine property maintenance;
(2)
Proposals that do not visibly change the appearance of the property
and its structures;
(3)
Replacement of building materials with like building materials
of the same color and dimension; and
(4)
Replacement of landscape materials with like landscape materials
of the same species, quality and location.
c.
Required.
(1)
Alterations or expansions to the exterior of a building;
(2)
Changes in materials, either primary and accent;
(3)
Changes in colors, either primary and accent;
(4)
Painting of Existing Brick. See standards in Section 6-308;
(5)
Additions or modifications to building appendages, such as awnings,
rooftop screening, fencing and dumpster enclosures;
(6)
Addition or modification of outdoor congregation areas, including
any ancillary improvements such as fencing, barriers, lighting and
overhead features either freestanding or attached to a structure.
(7)
Addition or modification to on-site lighting, including freestanding,
string (excluding holiday decorations) and affixed to a structure;
(8)
An increase in a parcel's lot coverage;
(9)
Any changes to a parking lot and its associated landscape zones;
(10)
Any modifications to a previously approved landscape plan, including
the relocation of existing landscape materials;
(11)
Modifications to a previously approved stormwater management
area, provided that engineering approval is granted; and
(12)
Addition or modification to off-site improvements, such as sidewalks
and multi-use paths, provided that engineering approval is granted.
D.
Approval Process. The Development Services Department is authorized
to conduct Appearance Reviews. The available administration actions
include:
1.
Approval. The request is granted. Approval of an Appearance Review
does not grant authority for activity in violation of Ordinances.
Furthermore, separate review and approval is still required for building
permits, final engineering, legal determinations, and zoning certificates,
along with their respective direct and pass-through fees, as required.
2.
Approval with Conditions. The request is granted with the same qualifiers stated in Section 5-106C1 above, but the applicant must meet certain conditions of approval to bring the proposal into compliance with Village Design Standards, among other things, within an allotted amount of time as stipulated by the Development Services Department.
[Ord. 4161, 8-6-2006; amended by Ord. 4411, 9-2-2008]
3.
Denial. The proposal is denied. The applicant may appeal the decision
of the Development Services Department to the Plan Commission at one
of its next two regularly scheduled meetings. The Plan Commission
shall review the application and the report and recommendation of
the Development Services Department and shall grant or deny the application
by a majority vote within 30 days of receipt of the appeal.
[Ord. 4161, 8-6-2006; amended by Ord. 4411, 9-2-2008; Ord. 5167, 2-20-2017]
E.
Expiration of Appearance Approval. Appearance Review approval of
a proposal shall expire one year after the date of approval by the
Development Services Department or the Plan Commission unless extended
specifically by application to the Plan Commission.
[Ord. 3354, 4-17-2000; amended by Ord. 4161, 8-6-2006; Ord. 4411, 9-2-2008]
A.
Authority and Purpose. The Plan Commission is hereby authorized to
hear and decide appeals where it is alleged that there is error in
any order, requirement, decision, or determination made by an administrative
official in the enforcement of these regulations. An appeal may be
initiated by any person aggrieved by any decision of any administrative
entity of the Village.
B.
Application/Notice of Appeal. An application/notice of appeal authorized under the provisions of this section shall be submitted to the Village Manager and reviewed in accordance with the provisions of Sections 5-101.
[Ord. 4411, 9-2-2008]
C.
Review. Within 15 days after receipt of a complete application, the
Development Services Department shall complete the review of the application
within 10 days prior to the next scheduled meeting of the Plan Commission
send a written recommendation to the Plan Commission, with a copy
to the applicant, setting forth whether the appeal should be granted
or denied and the grounds for such recommendation.
[Ord. 4411, 9-2-2008]
D.
Action by the Plan Commission. The Plan Commission shall review the application, the recommendation of the Development Services Department, conduct a public meeting on the application in accordance with the requirements of Section 5-101 and grant the appeal, grant the appeal subject to specified conditions or deny the appeal.
[Ord. 4411, 9-2-2008]
A.
Authority and Purpose. The Board of Trustees is hereby authorized
to amend the text of these regulations or the Zoning District Map
in light of changing conditions and in light of changes to the Comprehensive
Plan. The provisions of this section are not intended to relieve particular
hardships nor to confer special privileges.
B.
Initiation of Amendment. Amendments to the text of these regulations or the Zoning District Map may be initiated by the Board of Trustees, the Plan Commission, the Village Manager, any resident of the Village of Orland Park or any developer of any property located within the Village of Orland Park or its planning jurisdiction. Any amendment initiated by a resident which involves a single parcel of land shall require the submission of an application to the Development Services Department in accordance with the provisions of Sections 5-101B through D.
[Ord. 4411, 9-2-2008]
C.
Review. After receipt of a complete application for an amendment, the Development Services Department shall complete the review of the application and shall send a written recommendation to the Plan Commission, with a copy to the applicant, if any, setting forth whether the amendment should be granted or denied, setting forth a recommended zoning district classification, if any, and stating the grounds for any such recommendations as they relate to the standards and the purposes of the zoning district classifications of the Village, the standards in Subsection A, above, and the Comprehensive Plan and any adopted overlay plan.
[Ord. 4411, 9-2-2008]
D.
Action by Plan Commission.
1.
Public Hearing. The Plan Commission shall conduct a public hearing to consider any amendment to the text of these regulations or the Zoning District Map in accordance with the provisions of Section 5-101E.
[Ord. 4411, 9-2-2008]
2.
Text Amendment. The Plan Commission shall review a proposed text
amendment, the recommendation of the Development Services Department,
and the testimony at the public hearing, and the Commission shall
recommend to the Board of Trustees approval, with or without conditions,
or denial of the amendment.
[Ord. 4411, 9-2-2008]
3.
Map Amendment. The Plan Commission shall review a proposed map amendment
by considering the recommendation of the Development Services Department
and the following factors, and shall recommend to the Village Board
of Trustees approval, with or without conditions, or denial of the
amendment.
a.
LaSalle Factors. When reviewing an application for a map amendment
(rezoning) the following factors apply for consideration. The factors
below come principally from the 1957 case LaSalle v. County of Cook.[1] The factors are known as the LaSalle Factors, which Illinois
courts apply over rezoning issues.
(1)
The existing uses and zoning of nearby property;
(2)
The extent to which property values are diminished by a particular
zoning classification or restriction;
(3)
The extent to which the destruction of property value of a petitioning
property owner promotes the health, safety, morals, or general welfare
of the public;
(4)
The relative gain to the public as opposed to the hardship imposed
on a petitioning property owner;
(5)
The suitability of the subject property for its zoned purposes;
(6)
The length of time the property has been vacant as zoned, considered
in the context of land development in the area;
(7)
The Comprehensive Plan designation and the current applicability
of that designation; and
(8)
The evidence or lack of evidence, of community need for the
use proposed.
[Ord. 4411, 9-2-2008]
[1]
Editor's Note: See La Salle National Bank of Chicago v. The
County of Cook, 12 Ill.2d 40 (1957), 145 N.E.2d 65.
E.
Action by the Committee of the Whole. The Committee of the Whole shall review all proposed text amendments, the recommendation and report of the Development Services Department, the testimony and evidence submitted at the public hearing, and the Plan Commission recommendation, and shall recommend approval, with or without conditions, or disapproval to the Board of Trustees. The Committee of the Whole, if required by Section 5-101A4, shall review all proposed map amendments, the recommendation and report of the Development Services Department, the testimony and evidence submitted at the public hearing, and the Plan Commission recommendation and shall recommend approval, with or without conditions, or disapproval to the Board of Trustees.
F.
Action by Board of Trustees. The Board of Trustees shall review the proposed amendment, the recommendation and report of the Development Services Department, the Plan Commission recommendation, the Committee of the Whole recommendation if required by Section 5-108F or Section 5-101A4, and shall grant, with or without conditions, or deny the amendment.
|
[Entire section amended by Ord. 5476, 1-20-2020]
|
A.
Authority and Purpose. The Hearing Officer(s) and the Plan Commission
are hereby authorized to grant and/or recommend to the Board of Trustees
such variances from the literal terms of these regulations where there
are practical difficulties or unnecessary hardships that may result
from strict compliance with these regulations so that the spirit of
these regulations shall be observed, public safety and welfare secured,
and substantial justice done. The Hearing Officer(s) shall hear those
applications affecting one single family residential dwelling and
those applications affecting multi-family dwellings of fewer than
six units. All other applications for a variance shall be heard by
the Plan Commission.
[Ord. 3281, 8-16-1999; amended by Ord. 4411, 9-2-2008]
B.
Application. An application for a variance authorized under the provisions of this section shall be submitted to the Development Services Department and reviewed in accordance with the provisions of Sections 5-101.
[Ord. 4411, 9-2-2008]
C.
Timing. Variances shall only be granted at the final approval stage.
If a final plan is not required, then variances shall be granted prior
to the issuance of a building permit.
[Ord. 3070, 10-20-1997]
D.
Standards Applicable to all Variances. The findings of the Hearing
Officer(s) or Plan Commission and the Board shall be based on data
submitted pertaining to each standard in this section as it relates
to the development. A variance shall be granted only if the applicant
demonstrates:
[Ord. 4411, 9-2-2008]
1.
That the property in question cannot yield a reasonable return if
permitted to be used only under the conditions allowed by the regulations
governing the district in which it is located;
2.
That the plight of the owner is due to unique circumstances;
3.
That the variation, if granted, will not alter the essential character
of the locality;
4.
That because of the particular physical surroundings, shape or topographical
conditions of the specific property involved, a particular hardship
to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of these regulations were carried out;
5.
That the conditions upon which the petition for a variation is are
based are unique to the property for which the variance is sought
and are not applicable, generally, to other property;
6.
That the alleged difficulty or hardship is caused by these regulations
and has not resulted from any act of the applicant or any other person
presently having an interest in the property subsequent to the effective
date hereof, whether or not in violation of any portion thereof;
7.
That the granting of the variation will not be detrimental to the
public welfare or injurious to other property or improvements in the
neighborhood in which the property is located or otherwise be inconsistent
with the Comprehensive Plan, any adopted overlay plan or these regulations;
8.
That the proposed variation will not impair an adequate supply of
light and air to adjacent property, or substantially increase the
congestion in the public streets, or increase the danger of fire,
or endanger the public safety, or substantially diminish or impair
property values within the neighborhood;
9.
That the variance granted is the minimum adjustment necessary for
the reasonable use of the land; and
10.
That aforesaid circumstances or conditions are such that the strict
application of the provisions of this section would deprive the applicant
of any reasonable use of his or her land. Mere loss in value shall
not justify a variance; there must be deprivation of all beneficial
use of land.
E.
Limitations on Variances Granted by the Hearing Officer(s) or the
Plan Commission. Variances may only be granted by the Hearing Officer(s)
or the Plan Commission in the below instances. The Village Board of
Trustees may also grant these and other variances to these regulations.
[Ord. 4411, 9-2-2008]
1.
To permit any setback less than the setback required by the applicable
regulations, but by not more than 25%.
2.
To permit an increase in the height of detached garages but by not
more than 25%.
[Ord. 4411, 9-2-2008]
3.
To permit the use of a lot or lots for a use otherwise prohibited
solely because of insufficient area or width of the lot or lots but
in no event shall the respective area and width of the lot or lots
be less than 90% of the required area and width. The percentage set
forth in this subparagraph is not to be reduced by any other percentage
for minimum lot width and area set forth in these regulations.
4.
To reduce the applicable off-street parking or loading facilities
required by not more than one parking space or loading space, or 20%
of the applicable regulations, whichever number is greater.
5.
To increase by not more than 10% the maximum gross floor area of
any use so limited by the applicable regulations.
6.
To exceed any of the authorized variations allowed under this section,
when a lot of record or a zoning lot, vacant or legally used on the
effective date of these regulations, is by reason of the exercise
of the right of eminent domain by any authorized governmental body
or by reason of a conveyance under threat of an eminent domain proceeding
reduced in size so that the remainder of said lot of record or zoning
lot or structure on said lot does not conform with one or more of
the regulations of the district in which said lot of record or zoning
lot or structure is located.
G.
Conditions. Issuance of a variance may be made subject to such conditions
as are necessary to carry out the purposes of these regulations and
to prevent or minimize adverse effects upon other property in the
neighborhood, including, but not limited to, limitations on size and
location, hours of operation, requirements for landscaping, lighting,
and ingress and egress.
[Ord. 4411, 9-2-2008]
H.
Action by the Hearing Officer or Plan Commission. See Section 5-101C1 and 4 for the respective procedures and actions of the Plan Commission and the Hearing Officer(s) relating to public hearings.
[Ord. 4411, 9-2-2008]
I.
Action by the Board of Trustees. See Section 5-101 for the procedures and actions of the Village Board of Trustees.
[Ord. 4411, 9-2-2008]
J.
Special Use Procedures. If an application cannot comply with these variance regulations and the use would be otherwise permitted in the zoning district in which the property is located, the applicant may elect to follow the procedures for a special use permit set forth in Section 5-105 and thereby obtain some modification of these regulations if the project is a planned development with a special use.
[Ord. 4411, 9-2-2008]
[Entire section amended by Ord. 4375, 6-2-2008]
A.
Purpose of Landmark Designation.
1.
Purpose. The purpose of a landmark designation shall be to preserve,
rehabilitate and/or restore a site, place, building, structure, improvement,
archaeological site, work of art, or other object within the corporate
limits of the Village of Orland Park which may have historic, cultural,
archaeological or architectural significance in accordance with criteria
set forth in this section. The preservation, rehabilitation and restoration
of historically and architecturally significant structures, sites,
etc. are important activities for the Village's cultural heritage
and character. In addition to the purpose here stated, the landmark
designation strives to promote and accomplish the following:
a.
Promote Appropriate Infill Development. Reduce the environmental
impact of new construction through the reuse and rehabilitation of
existing historic buildings while revitalizing existing built areas
for long-term use;
b.
Conserve Resources. Conserve the prior investment of resources and
energy of existing buildings or sites etc.; Conserve open space, monuments,
and the built and natural environments;
c.
Promote Tourism. Promote tourism through the preservation and advertisement
of historically and architecturally significant sites, places, buildings
etc. that will attract commerce and culture to the Village;
d.
Stabilize or Increase Property Values. Stabilize and increase property
values through continued sustainable investment in existing built
environments;
e.
Develop an Identity. Develop an identity for Orland Park as a historically
and architecturally significant place;
B.
Landmark Designation Review Process.
1.
Initiation and Application. Any person, group of persons, association or Village agency may request a landmark designation for any site, place, building, structure, improvement, archaeological site, work of art, or other object within the corporate limits of the Village of Orland Park which may have historic, cultural, archaeological or architectural significance in accordance with the criteria set forth in Section 5-110C. The Development Services Department shall supply, upon request, the application forms to begin the review process for landmark designation. The application shall be reviewed in accordance with the provisions of Section 5-101.
2.
Review by the Development Services Department. After receipt of a complete application for designation of a landmark (see Section 5-101K), the Development Services Department shall review the petition for designation and send a written recommendation to the Plan Commission, with a copy to the applicant, setting forth whether the designation should be granted or denied and stating the grounds for any such recommendations as they relate to the standards and criteria set forth in Section 5-110C of these regulations.
3.
Review by the Plan Commission and Board of Trustees. The Plan Commission shall hold a public hearing for the landmark designation and the Village Board shall act on the recommendation of the Plan Commission. The Village Board may accept, reject, or modify the recommended motion. For the review proceedings regarding landmark designation please see Section 5-101 of the Land Development Code.
|
[Ord. 4940, 11-3-2014]
|
C.
Criteria for Designating Landmarks.
1.
Local Landmark Criteria. The following criteria are a list of attributes
to evaluate sites, places, buildings, structures, improvements, archaeological
sites, works of art, or other objects within the corporate limits
of the Village of Orland Park for designation as a landmark. The Plan
Commission shall review each item to determine if it applies to each
application for designation. The proposed landmark shall be considered
on the basis of one or more of the following attributes:
[Ord. 3672, 8-5-2002; amended by Ord. 4940, 11-3-2014]
a.
That it exemplifies or reflects the cultural, political, economic
or social history of the nation, state or community.
b.
That it is associated or identified with an historic person or with
important event(s) in national, state or local history.
c.
That it embodies the distinguishing characteristics of an architectural
type inherently valuable for a study for a period, style, method of
construction, or use of indigenous materials or craftsmanship.
d.
That it represents the notable work of a builder, designer, or architect
whose individual creativity has provided unique structures, improvements,
or objects to the local area.
e.
That it is a building, structure, improvement, object or site embodying
all or part of the above characteristics, which is subject to encroachment
of detrimental influences.
f.
That it is a building, structure, improvement, object or site of
historical, architectural, archaeological or cultural significance,
which may or may not be threatened with alteration or demolition by
public or private action.
D.
Local Register of Significant Places.
1.
Local Register of Significant Places. The Development Services Department
shall maintain the Local Register of Significant Places. The Local
Register of Significant Places is comprised of sites, places, buildings,
structures, improvements, archaeological sites, works of art, or other
objects within the corporate limits of the Village of Orland Park
that have historical, architectural, cultural, and/or archeological
significance to the Village of Orland Park.
2.
Orland Park Landmarks. The following properties are duly listed as part of Section 5-110 of the Village of Orland Park Land Development Code. They are considered Landmarks of the Village of Orland Park and shall each individually be known as an "Orland Park Landmark". Landmarks that are on the National Register of Historic Places must comply with the U.S. Secretary of the Interior's Standards outlined in Section 5-110F below.
a.
Landmarks.
(1)
9960 West 143rd Street "Orland Park School";
(2)
9999 West 143rd Street "Former Christ Lutheran Church";
(3)
9953 West 143rd Street;
(4)
9925 West 143rd Street;
(5)
9917 West 143rd Street First "Orland Park Library";
(6)
14306-10 Union Avenue "Orland Park Hotel";
(7)
14314 Union Avenue "Loebe Brothers General Store";
(8)
9952 West 144th Street "Loebe House";
(9)
9967 West 144th Street "Twin Towers Sanctuary" (National Register
of Historic Places);
(10)
14316 Beacon Avenue "Orland State Bank";
(11)
14320-24 Beacon Avenue "Commercial Emporium";
(12)
14330 Beacon Avenue;
(13)
14315 Beacon Avenue;
(14)
14339 Beacon Avenue;
(15)
14420 Second Avenue "Cox House";
(16)
9830 West 144th Place "Humphrey House" (National Register of
Historic Places);
(17)
17701 South 108th Avenue "Stellwagen Farm";
(18)
8041 West 151st Street "Boley Farm";
(19)
14701 South West Avenue "Hostert Log Cabins";
(20)
14500 South Ravinia Avenue "Limestone Building";
(22)
10756 Andrea Drive "Maue House";
[Ord. 2047, 9-25-1990]
E.
Landmark Rights and Requirements.
1.
Landmark Rights. A landmark designation does not:
2.
Landmark Requirements. A landmark designation:
a.
Requires review by the Plan Commission and Village Board for major or minor changes to the appearance of the landmark or site plan of the landmark, as defined by Section 6-209G. Such review requires the issuance of a Certificate of Appropriateness per the regulations of Section 6-209. See Section 5-101 for review procedures;
b.
Requires administrative approval for routine maintenance to the landmark
as defined by Section 6-209.G;
c.
Requires a ninety-day demolition delay pending a public hearing at the Plan Commission and a Village Board review per Section 5-101 of these regulations, and the approval of a Certificate of Appropriateness for Demolition per Section 6-209I of these regulations;
(1)
If a Certificate of Appropriateness for Demolition is denied,
a demolition permit shall not be issued until the ninety-day demolition
delay has expired per Section 6-209I and until the landmark is surveyed
and documented for its historical and/or architectural significance
by a qualified historic preservation consultant and the survey is
archived with the Village of Orland Park Development Services Department;
(2)
If in 90 days from the denial of the Certificate of Appropriateness
for Demolition a reasonable alternative to demolition has been found
by the Development Services Department, it shall be presented to the
Board of Trustees for review and consideration. The Village Board
of Trustees may then grant or modify with conditions the alternative
proposal of the Development Services Department and deny the demolition,
or deny the alternative proposal of the Development Services Department
and grant the Certificate of Appropriateness for Demolition per Section
5-110E2c(1).
|
[Ord. 4940, 11-3-2014]
|
F.
Landmarks Preservation, Rehabilitation, Restoration and Incentives.
1.
Preservation. The landmark designation works toward preservation.
The designation supports the action or process of protecting, maintaining,
and/or stabilizing the existing materials, form, and integrity of
a historic or architecturally significant place or an individual component
to a place or object, while protecting its heritage value. Preservation
can include both short-term and interim measures to protect or stabilize
the place, as well as long-term actions to retard deterioration or
prevent damage so that the place can be kept serviceable through routine
maintenance and minimal repair, rather than extensive replacement
and new construction.
a.
United States Secretary of the Interior's Standards for Preservation.
In the case of preservation, the Land Development Code of the Village
of Orland Park refers to the United States Secretary of the Interior's
Standards for Preservation for the preservation of landmarks. The
Standards follow below and may be used as a reference:
[Ord. 4940, 11-3-2014]
(1)
A property will be used as it was historically, or be given
a new use that maximizes the retention of distinctive materials, features,
spaces, and spatial relationships. Where a treatment and use have
not been identified, a property will be protected and, if necessary,
stabilized until additional work may be undertaken.
(2)
The historic character of a property will be retained and preserved.
The replacement of intact or repairable historic materials or alteration
of features, spaces, and spatial relationships that characterize a
property will be avoided.
(3)
Each property will be recognized as a physical record of its
time, place, and use. Work needed to stabilize, consolidate, and conserve
existing historic materials and features will be physically and visually
compatible, identifiable upon close inspection, and properly documented
for future research.
(4)
Changes to a property that have acquired historic significance
in their own right will be retained and preserved.
(5)
Distinctive materials, features, finishes, and construction
techniques or examples of craftsmanship that characterize a property
will be preserved.
(6)
The existing condition of historic features will be evaluated
to determine the appropriate level of intervention needed. Where the
severity of deterioration requires repair or limited replacement of
a distinctive feature, the new material will match the old in composition,
design, color, and texture.
(7)
Chemical or physical treatments, if appropriate, will be undertaken
using the gentlest means possible. Treatments that cause damage to
historic materials will not be used.
(8)
Archeological resources will be protected and preserved in place.
If such resources must be disturbed, mitigation measures will be undertaken.
2.
Rehabilitation. The landmark designation also works toward rehabilitation.
The designation supports the action or process of making possible
a continuing or compatible contemporary use of a historic or architecturally
significant place or of an individual component to a place or object,
through repair, alterations and/or additions, while protecting its
heritage value.
a.
United States Secretary of the Interior's Standards for Rehabilitation.
In the case of rehabilitation, the Land Development Code of the Village
of Orland Park refers to the United States Secretary of the Interior's
Standards for Rehabilitation for the rehabilitation of landmarks.
The Standards follow below and may be used as a reference:
(1)
A property will be used as it was historically or be given a
new use that requires minimal change to its distinctive materials,
features, spaces, and spatial relationships.
(2)
The historic character of a property will be retained and preserved.
The removal of distinctive materials or alteration of features, spaces,
and spatial relationships that characterize a property will be avoided.
(3)
Each property will be recognized as a physical record of its
time, place, and use. Changes that create a false sense of historical
development, such as adding conjectural features or elements from
other historic properties, will not be undertaken.
(4)
Changes to a property that have acquired historic significance
in their own right will be retained and preserved.
(5)
Distinctive materials, features, finishes, and construction
techniques or examples of craftsmanship that characterize a property
will be preserved.
(6)
Deteriorated historic features will be repaired rather than
replaced. Where the severity of deterioration requires replacement
of a distinctive feature, the new feature will match the old in design,
color, texture, and, where possible, materials. Replacement of missing
features will be substantiated by documentary and physical evidence.
(7)
Chemical or physical treatments, if appropriate, will be undertaken
using the gentlest means possible. Treatments that cause damage to
historic materials will not be used.
(8)
Archeological resources will be protected and preserved in place.
If such resources must be disturbed, mitigation measures will be undertaken.
(9)
New additions, exterior alterations, or related new construction
will not destroy historic materials, features, and spatial relationships
that characterize the property. The new work shall be differentiated
from the old and will be compatible with the historic materials, features,
size, scale and proportion, and massing to protect the integrity of
the property and its environment.
(10)
New additions and adjacent or related new construction will
be undertaken in such a manner that, if removed in the future, the
essential form and integrity of the historic property and its environment
would be unimpaired.
3.
Restoration. The landmark designation emphasizes and works towards
restoration as well. The designation supports the action or process
of accurately revealing, recovering or representing the state of a
historic or architecturally significant place or of an individual
component to a place or object, as it appeared at a particular period
in its history, while protecting its heritage value.
a.
United States Secretary of the Interior's Standards for Restoration.
In the case of restoration the Land Development Code of the Village
of Orland Park refers to the United States Secretary of the Interior's
Standards for Restoration for the restoration of landmarks. The Standards
follow below and may be used as a reference:
(1)
A property will be used as it was historically or be given a
new use which reflects the property's restoration period.
(2)
Materials and Features from the Restoration Period will be Retained
and Preserved. The removal of materials or alteration of features,
spaces, and spatial relationships that characterize the period will
not be undertaken.
(3)
Each property will be Recognized as a Physical Record of its
Time, Place, and Use. Work needed to stabilize, consolidate and conserve
materials and features from the restoration period will be physically
and visually compatible, identifiable upon close inspection, and properly
documented for future research.
(4)
Materials, features, spaces, and finishes that characterize
other historical periods will be documented prior to their alteration
or removal.
(5)
Distinctive materials, features, finishes, and construction
techniques or examples of craftsmanship that characterize the restoration
period will be preserved.
(6)
Deteriorated Features from the Restoration Period will be Repaired
Rather than Replaced. Where the severity of deterioration requires
replacement of a distinctive feature, the new feature will match the
old in design, color, texture, and, where possible, materials.
(7)
Replacement of Missing Features from the Restoration Period
will be Substantiated by Documentary and Physical Evidence. A false
sense of history will not be created by adding conjectural features,
features from other properties, or by combining features that never
existed together historically.
(8)
Chemical or Physical Treatments, if Appropriate, will be Undertaken
Using the Gentlest Means Possible. Treatments that cause damage to
historic materials will not be used.
(9)
Archeological Resources Affected by a Project will be Protected
and Preserved in Place. If such resources must be disturbed, mitigation
measures will be undertaken.
(10)
Designs that were never executed historically will not be constructed.
4.
Landmark Incentives. Local landmarks are capable of participating
in local, county, state or federal tax incentive programs or grants
that assist in the preservation, rehabilitation or restoration of
historically or architecturally significant buildings. Qualification
for these incentives is based primarily on the criteria set out by
each individual program's lead agency. Local designation is often
the first requisite. Sites, structures, buildings etc. must be included
on the Local Register of Significant Places as officially recognized
local landmarks in order to participate.
G.
Landmark De-designation Review Procedure.
1.
Landmark De-Designation. Landmarks shall be de-designated by the Development Services Department based on the review of changes made to them during a Certificate of Appropriateness review at the Plan Commission. The Development Services Department shall write a report and recommendation to the Plan Commission to de-designate a landmark. The same review sequence outlined in Section 5-101C for designating landmarks shall apply for de-designating them.
[Ord. 4940, 11-3-2014]
2.
Removal from the Register. De-designated landmarks shall be removed
from the Local Register of Significant Places and shall not be eligible
for local, county, state, or federal tax incentive programs or grants.
H.
Natural Resource Conservation, Natural Heritage Sites, and Scenic
Corridors.
1.
Natural Resource Conservation. Section 5-110 of these regulations shall not be used to landmark, and thereby regulate, or act as a means to conserve, the natural resources of the Village of Orland Park. This section does not authorize landmark status to be placed on any natural resource in the Village of Orland Park. In so far as this section is concerned, natural resources are conserved via the sustainable preservation, restoration, rehabilitation and reuse of existing sites, buildings, structures etc. that have landmark status. Section 6-213 of these regulations, titled "Open Space District" protects and preserves the Village's natural areas.
[Amended 7-17-2023 by Ord. No. 5822]
2.
Natural Heritage Sites. The Development Services Department may recommend
to the Village Board of Trustees a resolution for the non-binding
designation of "Orland Park Natural Heritage Site" on the natural
resources of the Village that are historically important to the Village
and/or are ecologically significant to the area for the habitat of
wildlife or for the perpetuation of the prairie or savannah character
once prevalent in the region.
a.
Non-binding Designation. The non-binding designation is meant to
act as a means of qualitative description for natural resources. Natural
resources as dynamic symbiotic systems cannot be preserved like a
landmark building or site regarding materials, resources and regulatory
oversight. The non-binding status preserves the Village's ability
to dynamically deal with natural resources and systems in conservation
efforts commonly employed by park services, forestry officials, and
ecologists, while still highlighting the important role the site has
in the history and identity of the Village of Orland Park.
3.
Orland Park Natural Heritage Sites. The following sites are duly listed as part of Section 5-110 of the Village of Orland Park Land Development Code. They are considered Natural Heritage Sites of the Village of Orland Park and shall each individually be known as an "Orland Park Natural Heritage Site".
4.
Scenic Corridors. Section 6-404 of these regulations authorizes the
establishment of scenic corridor easements which shall serve to protect
and maintain a rural/suburban atmosphere in certain sections of the
Village and its 1 1/2 mile jurisdiction. Such corridor easements
will also provide a refuge for natural resources and wildlife and
a natural buffer between more-developed areas. Such corridor easements
shall be known as "Scenic Corridors" per these regulations and may
be marked accordingly. In the context of landmark designation, scenic
corridors shall act to promote the preservation of historic, natural
or scenic qualities along public roads and streets. Regulation for
scenic corridors shall be established on a case by case basis with
regard to the terms of the easement per Section 6-404.
[Section deleted by Ord. 4210, 12-18-2006. The content
of this chapter was incorporated into new chapters for the Village
Center District (6-212) and the Old Orland Historic District (6-209).]
[Ord. 3199, 11-16-1998; amended by Ord. 4412, 9-2-2008]
A.
Purpose. It is the purpose of this section to establish standards
and regulations for the review and approval of the development and
subdivision of land within the Village and its extraterritorial jurisdiction
in accordance with the Village's Comprehensive Plan, Official Map,
Capital Improvements Program, and other goals, policies and regulations
of the Village.
B.
Jurisdiction and Applicability.
1.
These procedures shall be applicable to:
a.
All lots of record, subdivisions and re-subdivisions, planned developments
and development of land within the corporate limits of the Village
and within 1 1/2 miles beyond the corporate limits of the Village;
b.
In the event another municipality's extraterritorial jurisdiction
overlaps the extraterritorial jurisdiction of the Village and there
is a boundary agreement between the Village and that municipality,
these subdivision regulations shall be applicable to the territory
as described in the agreement;
c.
In the event another municipality's extraterritorial jurisdiction
overlaps the extraterritorial jurisdiction of the Village and there
is no applicable boundary agreement, these regulations shall be applicable
to the territory from the corporate limits of the Village to a median
line equidistant from its boundary and the boundary of the other corporate
authority nearest the Village at any given point on the land;
d.
Not-with-standing the provisions of Subsection B1c, above, if a development
or subdivision is primarily located within a neighboring municipality's
extraterritorial jurisdiction, and where only a small percentage of
the development or subdivision would be affected by the exercise of
the Village's jurisdiction, the applicant would not be required to
obtain development or subdivision approval by the Village. However,
if the Village Manager determines that a substantial benefit to the
Village would be achieved by such review, such as the review of significant
drainage, streets or other development or subdivision-related issues,
then the applicant shall be required to comply with the provisions
of these regulations. The applicant may appeal the determination of
the Village Manager to the Board of Trustees; and
e.
The development or subdivision of any lot or parcel of land by use
of metes and bounds description for the purpose of sale, transfer
or lease for a period of time exceeding five years.
2.
Except as provided in Subsection B3 of this section, no land, structure
or planned development within the Village or its extraterritorial
jurisdiction may be developed, used, or occupied unless a final plan
has been approved in accordance with the terms of these regulations.
3.
These development and subdivision procedures shall not be applicable
to:
a.
The sale or exchange of parcels of land between owners of adjoining
and contiguous land which does not involve any new streets or easements
of access or create an unlawful condition on the property;
b.
The conveyance of parcels of land or interests therein for uses as
rights of way for railroads or other public utility facilities which
does not involve any new streets or easements of access;
c.
The conveyance of land owned by a railroad or other public utility
which does not involve any new streets or easements of access;
d.
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 a public
use;
e.
Conveyances made to correct descriptions in prior conveyances;
f.
Additions, improvements, remodeling or renovation of less than 20%
of the square footage of the original structure; and
g.
The development of a single family home on a single lot of record
created after 1955.
D.
Record Plat of Subdivision Procedure.
1.
Purpose. The purpose of the record plat of subdivision review is
to determine whether the record plat, and required subsequent plats
as a result of the subdivision, are in substantial conformance with
the approved final plan. This procedure shall include but not be limited
to plats of vacation, dedication, easement, abrogation and consolidation.
2.
Initiation. An application for record plat of subdivision review
may be submitted by the owner, an agent authorized in writing to act
on the owner's behalf, or other person having a written contractual
interest in the parcel of land proposed for subdivision. Topographical
and profile studies must be submitted prior to plat approval. Park
land shall be deeded to the Village prior to plat approval. All conditions
of Village Board plan approval must be addressed and security provided
for landscaping prior to plat approval.
[Ord. 3070, 10-20-2009]
3.
Review and Recommendation by the Development Services Department.
After a final plan has been approved by the Board of Trustees, the
petitioner shall prepare and submit an application and a record plat
of subdivision on mylar or vellum to the Development Services Department.
Said Department shall certify that the record plat conforms to the
approved final plan. A recommendation will then be forwarded to the
Board of Trustees.
[Ord. 3672, 8-5-2002]
4.
Board Action. Upon receipt of the recommendation of the Development
Services Department staff on a record plat, the Board of Trustees
shall review the application and approve, continue with conditions,
or disapprove the record plat pursuant to Section 5-101B3c. The Village
President, the Village Clerk, and the Village Comptroller shall sign
the approved record plat.
[Ord. 3672, 8-5-2002]
5.
Recording of Plat. All record plats shall be recorded by the Village with the Recorder of Deeds or Registrar of Titles in the County in which the land is located. All record plats shall be recorded at a time specified by the developer, within one year of approval of the final plan by the Village. No record plat shall be recorded until the developer has withdrawn the property from registration in Torrens pursuant to the procedures required by law, has satisfactorily complied with the provisions of Subsection E, below, regarding guarantees of improvements, has paid the fee of the Recorder or Registrar of Titles, and has paid any other applicable fees.
E.
Guarantees for Improvement Completion.
1.
General. In order to assure that growth in the Village will be orderly
and to guarantee the completion of public or private improvements
required by these regulations after final approval, no final engineering
and no building permits shall be approved/issued, and no installation
or construction of such improvements shall commence until the requirements
of this section have been met. This section shall also apply to development
within the Village's 1 1/2 mile extraterritorial jurisdiction
unless the Village obtains written documentation from the developer
that he or she has provided the other applicable governmental unit
with a performance guarantee, insuring the completion of such improvements.
The provision of any performance guarantee does not in any way relieve
the developer and/or owner from the obligation to complete all private
or public improvements related to the development.
[Ord. 2746, 6-5-1995]
2.
Performance Guarantee. A performance guarantee acceptable to the
Village must be provided in accordance with the provisions of this
section and shall constitute part of the final approval required by
the Board of Trustees. The guarantee shall constitute an agreement
signed by the applicant and the Village Manager, and approved by the
Village Attorney, that guarantees the completion of all required improvements
within a specified time. The agreement shall indicate the title and
date of the final engineering plans reviewed by the designee of the
Engineering Department, for the purpose of establishing the guarantee
amount, and that security as provided in this section, equal to 125%
of the total projected costs of public improvements. This shall be
submitted to the Village.
[Amended 10-20-1997 by Ord. No. 3070; ; 9-2-2008 by Ord. No. 4412; 11-1-2021 by Ord. No. 5653; 4-4-2022 by Ord. No. 5705]
3.
Security Methods. One of the following security methods shall be
utilized to guarantee the completion of public improvements:
a.
Letter of Credit.
(1)
Form. The applicant may file an irrevocable letter of credit
issued by any local financial institution approved by the Village
Manager and the Village Attorney, in accordance with guidelines established
by the Board of Trustees. The letter of credit shall be in the same
written form as the sample letter of credit that is provided by the
Finance Department.
(2)
Terms. The letter of credit shall be in an amount sufficient
to pay for the cost of construction of the public improvements, landscaping
on private and public property for single family and multi-family
residential developments and all non-residential developments, and
all engineering costs if deemed necessary by the Director of Engineering.
The Village will collect an additional 7% of the total cost of construction
to recover for management and administrative time and expenses incurred
by the Village staff in processing and administering the public improvements
and landscaping. Any conditions that the applicant or issuing financial
institution seeks to attach to collection or use of the funds, must
be included in the terms of the letter of credit. The letter of credit
shall provide that the issuing financial institution shall pay to
the Village, or as the Village directs, such amounts as may be required
to complete the improvements according to the approved specifications.
The letter of credit should provide that its amount will be reduced
from time to time as payments for improvements approved by the Director
of Engineering are made, but at no time shall the available balance
be less than 15% of the total estimated cost of the improvements yet
to be accepted by the Village.
[Amended 4-17-2006 by Ord. No. 4125; 11-1-2021 by Ord. No. 5653]
(3)
Time Limit. The letter of credit shall be irrevocable for at
least 12 months and shall have an expiration date of not less than
60 days after the date of completion specified for the improvements.
The letter of credit shall automatically be extended for additional
periods of one year unless the Village notifies the applicant at least
30 days in advance of the expiration date that the Village will not
accept an extension of the letter of credit. If any balance remains
at the expiration of any time limit placed on the letter of credit,
the applicant shall be notified that the current letter of credit
must be renewed or that said balance must either be deposited with
the Village in a cash escrow, or a new letter of credit must be provided.
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[Amended by Ord. 5312, 7-16-2018]
|
b.
Other Guarantee Security Method. The Board of Trustees may, at its
discretion, approve any other security method.
|
[Ord. 4412, 9-2-2008]
|
4.
Insufficient Fund Balance. If, at any time before the construction
of all required improvements has been completed, the balance of funds
remaining undisbursed under any guarantee provided in accordance with
this section is not sufficient, in the judgment of the Director of
Engineering, to cover the costs of construction of said improvements
and all engineering costs (including the engineering and inspection
fees of the Village) or if by reason of any order, decree or writ
of any court, or for any other reason, the said undisbursed balance
of funds shall be withheld, diminished or otherwise unavailable for
the purposes provided herein, the applicant agrees to cause the balance
to be increased to such amount as shall be required by the Village
for such purposes, in the exercise of its judgment, or shall provide
such other guarantee of performance as may be required by the Village.
[Amended 9-2-2008 by Ord.
No. 4412; 11-1-2021 by Ord. No. 5653]
5.
Time Limit. All performance guarantees shall provide that if the
required improvements are not installed within two years of approval
of the final plan, or a period of time otherwise specified by the
Village, or in an applicable agreement between the Village and developer,
the Village may deem the applicant to be in default, and may proceed
in accordance with Subsection E6 below.
[Ord. 4412, 9-2-2008]
6.
Default. In the event the Director of Engineering determines, in
the exercise of his judgment, that the applicant has failed to install
proposed improvements in accordance with the approved plans and specifications,
or has failed to comply with the terms of the guarantees provided
in this section, the Board of Trustees may take any of the following
actions:
[Amended 9-2-2008 by Ord.
No. 4412; 11-1-2021 by Ord. No. 5653]
a.
Disbursement of Letter of Credit. The Board of Trustees may advise
the applicant in writing of the failure to install improvements, and
give the applicant 30 days to cure such failure. If the applicant
fails to cure said failure, the Village may, at its option, declare
the applicant in default, and all monies on deposit pursuant to the
letter of credit shall be disbursed by the letter of credit provider
upon authorization of the Director of Engineering.
b.
Disbursement of Other Security Guarantees. The Board of Trustees
may advise the applicant in writing of the failure to install improvements,
and give the applicant 30 days to cure such failure. If the applicant
fails to cure said failure, the Village may, at its option, declare
the applicant in default, and all monies on deposit pursuant to the
specified security guarantee shall be disbursed by the guarantee provider
upon authorization of the Director of Engineering.
7.
Guarantee Amount. The amount of the performance guarantee shall cover
all construction costs. The guarantee shall be in the following minimum
amounts unless the applicant can show that certain of the costs have
already been paid or construction has been satisfactorily completed.
Construction Cost:
a.
The guarantee amount required by the Village as stated in § 5-112.E.2,
Performance Guarantee, shall include all public improvements and other
improvements necessary to meet Village and other regulatory requirements,
as approved and designated by the Director of Engineering.
[Amended 11-1-2021 by Ord. No. 5653]
(1)
Note: The provisions of 8.a.3.a below plus the provisions of
8.a.3.b below equal to the above mentioned provision in 7.a.
b.
Plus 100% of the estimated cost of landscaping on private and public
property. In single family detached developments, private foundation
landscaping and lawn seeding are not included in the letter of credit.
|
[Ord. 4412, 9-2-2008; amended by Ord. 4574, 7-6-2010]
|
8.
Reduction in Amount of Guarantee.
[Amended 9-2-2008 by Ord.
No. 4412; 11-1-2021 by Ord. No. 5653]
a.
The applicant may from time to time as the public improvements are
constructed, request a reduction in the amount of guarantee furnished.
Said request shall be made by the applicant to the Engineering Department
by filing the below documents. The Village Manager's Office shall
provide final approval of the request for a reduction in the amount
guarantee furnished.
(1)
A request for reduction indicating the requested amount;
(2)
A new or substitute letter of credit, or other approved security
method for the reduced amount, if required (to be filed within seven
days after the approval of the reduction);
(3)
An estimate by the applicant's engineer containing the following
information:
(A)
The estimated cost of construction as defined in § 5-112.E.7.a;
(B)
The cost of contingencies and escalation of the cost of public
improvements shall increase the above estimated amount by 25%;
(C)
15% of the cost of construction of the improvements constructed
and in place shall remain in the letter of credit; and
(4)
Evidence acceptable to the Village Attorney that the cost of
the public improvements is either paid or otherwise adequately provided
for.
b.
The Engineering Department shall recommend to the Village Manager's
Office approval or disapproval of said request. No reduction in the
guarantee furnished shall be granted which would reduce said guarantee
below a sum which is referenced in 5-112E8a(3).
c.
In the event the reduction in amount of guarantee is approved by
the Village Manager's Office for a letter of credit, such approval
shall not become effective unless a new or substitute letter of credit
is received by the Village within seven days after such approval.
9.
Inspection and Certification of Improvements.
a.
General. Unless otherwise specifically provided, inspection of the
construction of the improvements shall be by the Director of Engineering
or Village Consultant, and shall be paid for by the applicant should
the Village require compensation for its efforts. No improvements
shall be constructed, and therefore no improvements shall be inspected,
prior to final plan approval.
[Amended 11-1-2021 by Ord. No. 5653]
b.
Certification. Upon completion of all required construction, the
applicant's engineer shall certify that the improvements comply in
all respects with the plans and specifications approved by the Board
of Trustees. All work shall at all times be subject to inspection
by the Village Manager, the Director of Engineering, other Village
officials, and their representatives. Regardless of contracts, agreements,
or inspections performed, the final responsibility for the construction
of all improvements in accordance with the applicable standards rests
with the applicant. Certification by the applicant's engineer shall
not constitute a waiver by the Village of the right to draw funds
under the security provided herein on account of defects in or failure
of any improvement that is detected or which occurs following such
certification.
[Amended 11-1-2021 by Ord. No. 5653]
c.
Notice of Defects. The Director of Engineering shall provide timely
notice to the developer whenever inspection reveals that an improvement
does not conform to the one standards and specifications required
by these regulations. The developer shall have 30 days from the issuance
of such notice to cure or to substantially cure such defect. The Village
may not declare a default during the thirty-day cure period on account
of any such defect unless it is clear that the developer does not
intend to cure the defect.
[Amended 11-1-2021 by Ord. No. 5653]
d.
Exemptions. Because neighboring jurisdictions and other utility districts
are responsible for inspecting construction sites within their territorial
limits, and because the Village desires to avoid duplicating the inspection
of these projects, the Village shall only inspect development located
within its corporate limits. The Village shall be entitled to rely
on the written inspection reports submitted by the engineers of such
neighboring jurisdictions and utility districts. The Director of Engineering
shall be entitled to verify any inspection report received from a
neighboring jurisdiction or utility district, and shall be given access
to the construction site to conduct such independent analyses.
[Amended 11-1-2021 by Ord. No. 5653]
e.
Engineering Plan Review and Inspection Fee.
(1)
Engineering Plan Review. The plans and specifications for all
public and private improvements that shall be made under the provisions
of these regulations shall be submitted to the Village Development
Services Department for inspection and review. As compensation for
Village staff plan review, a fee, if determined by ordinance of the
Village Board of Trustees, shall be paid to the Village at the time
the plans and specifications are finally approved by the Village.
In addition, compensation for plan review by an engineering consultant
for the Village shall be equal to the amount charged to the Village
by the consultant and shall be paid by the applicant to the Village
prior to the issuance of building permits.
(A)
Compensation for engineering plan review by Village staff shall
be set by ordinance of the Village Board, and shall be paid by the
applicant to the Village at the time of final engineering approval
and before a building permit is issued. The compensation levels may
be amended from time to time. For an updated schedule contact the
Development Services Department.
[Ord. 4412, 9-2-2008]
(2)
Engineering Inspections. All public and private improvements
located within the Village's corporate limits that are guaranteed
under the provisions of this section shall be inspected during the
course of construction by the Director of Engineering, the Village's
Engineering Consultant, or their designee. As compensation for such
inspection by Village staff, a fee if determined by ordinance of the
Village Board of Trustees shall be paid to the Village at the time
the final engineering plans are approved by the Director of Engineering.
In addition, compensation for engineering inspection by an engineering
consultant for the Village shall be equal to the amount charged to
the Village by the consultant and shall be paid by the applicant to
the Village prior to the issuance of building permits.
[Amended 11-1-2021 by Ord. No. 5653]
(A)
Compensation for engineering inspections by Village staff shall
be set by ordinance of the Village Board, and shall be paid by the
applicant to the Village. The compensation levels may be amended from
time to time. For an updated schedule contact the Development Services
Department.
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[Ord. 4412, 9-2-2008]
|
(3)
Landscape Plan Review and Inspections.
(A)
All preliminary landscape plans submitted to the Village in conjunction with single family and multi-family developments over two units and with all non-residential developments, or for any other required landscape plans as detailed in Section 6-305, Landscape and Tree Preservation, shall be reviewed by the Plan Commission, the Committee of the Whole, if required by Section 5-101A4, before Village Board approval. All final landscape plans shall incorporate conditions of approval of the Board approved preliminary landscape plan, and shall be reviewed and receive final approval from the Development Services Department upon recommendation of approval by the Village landscape consultant, if applicable.
(B)
Upon installation of required landscaping, the developer or
property owner shall contact the Development Services Department to
schedule a landscape inspection, which will initiate the landscape
inspection process. All landscaping shall be inspected for proper
installation and compliance with the approved landscape plan and any
associated documentation, including hydro-period analyses or M&M
Plans. A minimum of three years of consecutive naturalized landscape
area inspection approvals shall be attained before Village approval
and acceptance of any stormwater management area. A minimum of one
year of site landscape approvals shall be attained before a letter
of credit reduction can be requested. No letter of credit release
shall be issued until a final landscape inspection approval has been
granted by the Development Services Department. The fees charged to
the Village by its landscaping consultant for landscape plan review
shall be paid by the petitioner to the Village at the time of petition.
Fees charged to the Village by its landscaping consultant for inspections
of installed landscaping shall be paid by the petitioner to the Village
by the applicant before final letter of credit release.
[Ord. 3672, 8-5-2002; amended by Ord. 5061, 1-18-2016; Ord. 5221, 9-18-2017; Ord. 5312, 7-16-2018; Ord. 5476, 1-20-2020]
10.
Maintenance Guarantee.
a.
General. The applicant shall guarantee the public improvements against
defects in materials and workmanship for a period of two years from
the date of acceptance of public improvements by the Village. The
applicant agrees to repair or replace any of said public improvements,
including landscaping, which, during said two-year period after acceptance,
shall become damaged or deficient due to defective materials or workmanship.
b.
Private Street Improvements. The applicant shall guarantee the private
street improvements against defects in materials and workmanship for
a period of two years from the date of acceptance of private street
improvements by the Village. The maintenance of private roadways shall
be the responsibility of the applicant until the time of final maintenance
guaranty release, when the owner or homeowner's association shall
become responsible for maintenance.
c.
Conditions of Guarantee. The guarantee required by this section shall
include 5% of the final construction costs of the improvements in
order to guarantee the cost of replacement of any defective materials
used in the construction of the improvements. Said amount shall remain
in force for the aforesaid two year maintenance period and shall be
for use by the Village to effect such repairs deemed necessary for
public safety and which the applicant has neglected to repair for
a forty-eight hour period after notification.
d.
Disbursements of Account. Disbursements from the letter of credit
or other security guarantee shall be made solely upon the direction
of the Village, and shall not be subject to approval or disapproval
by the applicant or the financial institution issuing the letter of
credit or their agents.
e.
Return of Funds. Within 45 days following the two year maintenance
period, the financial institution issuing the letter of credit or
other security guarantee shall release to the applicant, without further
demand or notice, any balance of funds then remaining undisbursed
under said letter of credit or other security guarantee. The financial
institution shall notify the Village of such return of funds to the
applicant.
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[Ord. 4412, 9-2-2008]
|
11.
Damage and Nuisance Guarantee.
a.
General. The guarantee of completion of public improvements shall
also provide for the repair of damages and abatement of nuisances
created by the applicant with respect to existing and subsequently
installed landscaping, streets, sidewalks, curbs and gutters, parkways,
water and sanitary sewerage facilities, culverts, catch basins and/or
storm sewers.
b.
Guarantee Provisions. The damage and nuisance guarantee shall be in the total or prorated amount of $1,000 per platted block, or total of 5% of the construction cost of the new improvements, whichever amount is greater, and shall be provided upon the commencement of land development by letter of credit as provided in Section 5-112E3. In addition, security shall be required in the amount necessary to remove any silt eroded and deposited within 1/2 mile of the construction site.
c.
Release of Funds. Upon completion of all required development or subdivision improvements, the applicant's engineer shall prepare a certified statement that the improvements comply with the plans and specifications approved by the Board of Trustees, and shall forward the statement to the Village, together with a request for preliminary approval of improvements. The Director of Engineering shall verify whether the improvements comply with the approved plans and specifications, and, pursuant to Section 5-112E10 shall prepare a statement of preliminary approval for the Board of Trustees. Upon acceptance of that statement of preliminary approval, the Board of Trustees shall direct the financial institution issuing the letter of credit or other security guarantee to pay over to the applicant, without further demand or notice, any balance of funds then remaining undisbursed under said letter of credit or other security guarantee.
[Amended 11-1-2021 by Ord. No. 5653]
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[Ord. 4412, 9-2-2008]
|
F.
Acceptance of Improvements. The approval of a subdivision plat by
the Village Board of Trustees shall not constitute an acceptance by
the Village of any improvements constructed therein. The Village shall
accept the dedication of any validly certified improvement within
30 days of the developer's offer to dedicate the improvement. The
acceptance of improvements shall be made as follows:
1.
Letter of Acceptance from the Village Manager's Office. The Village
Manager's Office, with a written recommendation from the Engineering
Department, shall issue a letter of acceptance to the petitioner/applicant
that states that all required improvements have been fully completed,
and that said improvements meet the design and operating standards
and requirements of the Village and other agencies, including the
Metropolitan Water Reclamation District of Greater Chicago, the Illinois
Environmental Protection Agency, and the Illinois Department of Transportation.
A copy of that letter shall be filed with the Development Services
Department and the Village Manager's Office.
[Amended 11-1-2021 by Ord. No. 5653; 7-17-2023 by Ord. No. 5822]
a.
The applicant's engineer shall provide to the Engineering Department
one hard copy and one copy in electronic format [Shape File (.shp)
or Geodatabse (.gdb) format] compatible with current Village software
of "as built" drawings. All utilities and public improvements located
within the development, including right-of-way lines, lot numbers,
lot lines, geographic positioning system coordinate data of all utilities,
and development mapping date [Shape File (.shp) or Geodatabse (.gdb)
format] compatible with the current Village geographic information
system shall be included as overlay maps for the purposes of review.
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[Ord. 4412, 9-2-2008; amended by Ord. 5564, 12-21-2020]
|
2.
Approval of Village Attorney. The Village Attorney shall approve
such legal documentation as is necessary in his/her opinion to protect
the interests of the Village, including valid lien waivers from all
persons who provided materials or performed work on the improvement
for which the certification has been offered. When applicable, the
Village Attorney shall require the applicant to transfer title to
the public improvements to the Village. The Village Attorney shall
consider the following documents (where appropriate) for the closing:
a.
A bill of sale for the personal property to become public property
located within the subdivision;
b.
An assignment to the Village of the applicant's rights and interests
and warranties with respect to said personal property in the subdivision;
c.
A quit claim deed for all mains, valve boxes, streets, etc. for the
public improvements located in the subdivision;
d.
UCC searches with respect to the public personal property located
in the subdivision;
e.
Judgment searches for the applicant;
f.
Federal tax lien searches with respect to the development/subdivision
and the applicant;
g.
A certificate from the applicant's engineer that the improvements
are constructed in accordance with the approved engineering drawings
or an explanation and certification as to any deviations;
h.
A certificate from the applicant's attorney that the appropriate
corporate action has been taken by the applicant to make the conveyances
through the bill of sale, quit claim deed or other documents; and
i.
Disclosure of beneficial interest in any land trusts.
|
The Village's acceptance of dedication shall be expressly conditioned
on the presentation by the applicant of a policy of title insurance
for the benefit of the Village showing that the applicant owns the
improvement in fee simple and that there are no liens, encumbrances,
or other restrictions on the improvement unacceptable to the Village
Attorney in his reasonable judgment. Acceptance of dedication of any
improvement shall not constitute a waiver by the Village of the right
to draw funds under the security provided herein on account of any
defect in or failure of the improvement that is dedicated or which
occurs after the acceptance of the dedication.
|
|
[Ord. 4412, 9-2-2008]
|
G.
Private Improvements.
1.
Privately Owned Improvements. Applicants constructing privately owned
improvements, including landscaping, ponds, bike and walking paths,
and private streets, shall demonstrate that adequate provision has
been made for the maintenance of such improvements. Developers may
create either a homeowners association or a reciprocal easement relationship
as a means of demonstrating such provision.
2.
Homeowners Association Agreements. The declaration of covenants establishing
a homeowners' association shall provide for the maintenance of all
common areas located within the development. The declaration shall
further provide that if the common areas are not properly maintained,
the Village shall have the right to perform or cause to be performed
such maintenance, at the cost of the association or the owners of
property within the development, as applicable. If the homeowners'
association or owners, as applicable, should fail to pay such cost
upon demand, the Village shall have the same rights as the homeowners'
association to assess and to collect the costs of such maintenance
and to enforce in its name and the name of the association, as applicable,
all liens for such costs granted to the association.
3.
Easements. If no homeowner's association is created, the applicant
shall create a reciprocal easement relationship between and among
all the properties in the development which makes adequate provision
for the maintenance of all common areas in the development. The easement
documents shall provide a mechanism for:
4.
Maintenance Failure. If the lot owners fail to perform such maintenance
as may be reasonably necessary, the Village shall have the right to
perform or cause to be performed such maintenance as the Village deems
necessary, and in such event, may avail itself of the mechanism to
collect the costs of such maintenance from the owners.
a.
The approval of a homeowners' association declaration or a reciprocal
easement relationship by the homeowners shall not constitute an acceptance
by the Village of such provisions for the maintenance of the private
improvements. All such documents are subject to the prior approval
of the Village Attorney, which approval shall be obtained by the applicant
before an application for final plat approval is submitted to the
Board of Trustees.
H.
Development and Subdivision Exactions: Dedication of Land and Fees
In Lieu of Dedication.
1.
Purpose. In order to serve the educational, recreational and transportation
needs of new residents, applicants are required to either donate land
or cash or make improvements to the Village's parks, schools, library
system and transportation facilities as a condition of development
or subdivision approval.
[Ord. 2539, 3-21-1994; amended by Ord. 4412, 9-2-2008]
2.
Park Exactions.
a.
General Requirements. The amount of park facilities for new residents
is partly based on data and policy in the Village's Comprehensive
Plan, which recommends a ratio of 10 acres of active parks per 1,000
residents. Of the 10 acres, five acres are designated for neighborhood
parks, and five acres are designated for community parks. The capital
improvement cost of Village parks averaged $90,000 per acre in 1996.
The fee schedule is $45,000 per acre in 1996, $67,500 in 1997, and
$90,000 in 1998. Because neighborhood parks are intended to contain
facilities for immediately surrounding residents, and because the
need for new neighborhood parks is generated by new residents, new
housing development is being required by these regulations to pay
100% of land and capital costs. It is presumed that other revenues
will pay for maintenance and services in the new neighborhood parks.
Because community parks serve all residents, new housing development
is only being required by these regulations to pay 40% of land and
capital costs. It is presumed that other revenues will pay for 60%
of land and capital costs and 100% of maintenance and service costs
of community parks. Park exaction fees apply to all new residential
developments of two or more units.
[Ord. 2860, 3-18-1996; amended by Ord. 4412, 9-2-2008]
b.
Fair Share Donation Formula.
(1)
Land Ratio. Applicants for approval for residential developments
shall donate land to the Village at a ratio of seven acres per 1,000
people anticipated to ultimately reside in that development.
(2)
Cash Ratio. Applicants for approval for residential developments
shall also donate cash to the Village equal to the capital improvement
cost of seven acres of park land for every 1,000 people anticipated
to ultimately reside in that development per Table 5-112(H)(9). The
capital improvement cost per acre of park land shall be determined
by the Village based on empirical study of existing Village parks
and updated periodically.
(3)
Projected Population. The ultimate population of a development
shall be projected using Table 5-112(H)(9). If an applicant does not
commit to a unit mix in the application for development approval,
the Village shall assume that all detached single family units will
be four bedroom, all attached single family units will be three bedroom,
and all apartment/condominium units will be two bedrooms. The Board
of Trustees may amend these regulations and Table 5-112(H)(9) as new
data becomes available on family size in the Village.
(4)
Location. Land donated for new parks shall be located based
generally on the Village's Comprehensive Plan and official map and
shall specifically consider the design of each development. The amount
of land required shall not include wetlands, flood plain or detention
facilities.
c.
Park Donation Substitutions. If park land would be more appropriately
located off-site, the Board of Trustees may agree to accept cash in
lieu of land from an applicant for residential development. The amount
of land required from an applicant for residential development may
be reduced depending on the amount of the improved land, up to two
acres established in a private park by the applicant, provided that
such land is determined to be of equivalent value and available by
right to all residents of the development. The applicant shall present
evidence that the private facility shall be equally available to all
residents of the development.
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[Ord. 4412, 9-2-2008]
|
3.
School Exactions.
a.
Requirement and Population Ratio. The ultimate number of students
to be generated by a development shall directly relate to 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 over (2) the maximum
recommended number of students to be served in such school classification
as stated herein and then applying such ratio to (3) the minimum recommended
number of acres for a school site of each such school classification.
The product of this calculation shall be the number of acres of land
the applicant must provide in order for the Village to have sufficient
land for school sites to serve the estimated increase of children
in each such school classification.
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[Ord. 4412, 9-2-2008]
|
b.
School Classification and Size of School Site. School classifications
and size of school sites within the Village and its planning jurisdiction
shall be determined in accordance with the following criteria:
[Ord. 2539, 3-21-1994]
|
School Classifications by Grades
|
Maximum Number of Students for each such School Classifications
|
Minimum Number of Acres of and for each School Site of Such
Classifications
|
|---|---|---|
|
Elementary Schools, Grades K-5
|
600 students
|
12 acres
|
|
Junior High Schools, Grades 6-8
|
700 students
|
19.5 acres
|
|
High School, Grades 9-12
|
2,500 Students
[Ord. 4183, 9-18-2006] |
66 acres
[Ord. 2539, 3-21-1994] |
c.
Location. The Village's Comprehensive Plan shall be used as the criteria
in locating school sites. If the Comprehensive Plan fails to provide
the necessary designation for the location of particular school sites,
then such designation shall be provided by the Village in cooperation
with the affected school district. Such information shall be made
available to a subdivider within 30 days of the request for such information.
d.
School Access. All land dedicated for school sites shall have vehicular
access to public streets from two separate points, as approved by
the Board of Trustees.
4.
Combining Lands.
a.
Whenever possible, and whenever in the best interests of the Village
and the affected school district, land dedicated for park and recreation
sites shall be contiguous to land dedicated for a school site.
b.
Where the development is less than 40 acres, park and recreation
land or school sites which are to be dedicated should, where possible,
and in the best interests of the Village and affected school districts,
be combined with dedications from adjoining developments in order
to produce usable park and recreation lands or school sites and thereby
minimize hardship on a particular applicant.
[Ord. 4412, 9-2-2008]
5.
Criteria for Requiring a Contribution of Cash in Lieu of Park and
Recreation Land and School Sites.
a.
General. Where the development is small and the resulting site is
too small to be practical, or when the available land is inappropriate
for park and recreation land use or for a school site, or when land
for park and recreation use cannot be made contiguous to land dedication
for a school site, the Board of Trustees, upon recommendation of the
affected school district and using the standards provided in this
section as a guide, shall determine whether the applicant shall be
required to pay a cash contribution in lieu of the required land dedication.
b.
School and Park Accounting Trusts and Use of Fees.
(1)
The cash contributions in lieu of land for park and recreation
use shall be held in trust by the Village for expenditure by the Village
or by such other appropriate agency, as determined by the Board of
Trustees and as set out by intergovernmental agreement. Such cash
contributions shall be used solely for the acquisition of land for
parks and recreation which will be available to serve the immediate
or future needs of the residents of the subdivision or development,
or for the improvement of recreation facilities and other parks already
existing within the Village which will benefit the development or
subdivision.
(2)
The cash contributions in lieu of school sites and the cash
paid relating to high schools shall be held in trust by the affected
school district. Such cash contributions shall be used for the acquisition
of land for a school site, the improvement of existing or new sites
or the construction of new schools, or the addition or improvement
of existing buildings to serve the immediate or future needs of children
from that development or subdivision or for the improvement to any
existing school site which will benefit the development or subdivision.
c.
Refunds. If any portion of a cash contribution in lieu of park and
recreation land dedication or cash contribution in lieu of school
site land dedication is not expended for the purposes set forth above
within 15 years from the date of receipt, said portion shall be refunded
to the applicant or any successors of such applicant who made such
contribution if so requested.
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[Ord. 4412, 9-2-2008]
|
6.
Transportation Exactions.
a.
General Requirements. All applicants shall install improvements to
the Village's transportation system that the Village requires to serve
the proposed development or subdivision, and shall pay an exaction
in lieu, as a condition of the development or subdivision approval.
b.
Credit. All applicants shall be entitled to a credit against the
payment of this transportation exaction for any of the following improvements:
(1)
Any improvements required by the Village to off-site roads not
contiguous to the development;
(2)
Any road improvements to Township maintained roads that are contiguous to the development that will be dedicated to the Village pursuant to an agreement between the Township and the Village within three years after final approval by the Board of Trustees of the subdivision or re-subdivision plat or final development plan pursuant to the terms of Subsection E hereof.
(3)
Applicants will not be entitled to a credit for road improvements
which provide for safe access to the development, including but not
limited to turn lanes, deceleration lanes and road widenings.
[Ord. 2860, 3-18-1996]
c.
Fair Share Exaction. All applicants shall pay the following transportation
exaction, except applicants that are redeveloping properties of similar
impact that have already contributed transportation exactions:
|
Residential:
|
$1,500 per lot or per dwelling unit, whichever is greater
|
|
Nonresidential:
|
$1.15 per square foot for retail
|
|
$0.90 per square foot for office
| |
|
$0.60 per square foot for industrial
|
These fees are based on the expected traffic that will
be generated by each type of development, based on the estimated cost
per lane mile. If the density or intensity of the development at the
time of building permit issuance exceeds that which the applicant
had represented that he or she would build at the time of plat approval,
the applicant shall pay an additional fee, based on the fees set forth
in this section. If there is any question regarding the appropriate
category for a nonresidential development for the purposes of this
subsection, the nonresidential development shall be treated as if
the development belonged in the most similar category, as determined
by the Development Services Department or its designee. An applicant
may appeal this determination to the Board of Trustees. The Village
may elect to assume the obligation of an exaction fee as an incentive
to encourage industrial and office development, so long as the Village
follows the standards and procedures adopted by the Village for determining
when such abatement is appropriate. [Amended by Ord. 4926, 9-15-2014]
d.
Transportation Accounting Trust and Use of Fees. The cash contributions
shall be held in trust by the Village, and shall be used for the purpose
of acquisition, expansion and development of the transportation facilities
that are needed to serve the immediate or future needs of residents
from that development or for the improvement to any transportation
facility which will benefit the development. The funds collected shall
be expended for facilities that include, but are not limited to:
(1)
Design and construction plan preparation;
(2)
Right-of-way acquisition;
(3)
Site acquisition;
(4)
Construction or improvement of new or existing through lanes;
(5)
Construction or improvement of new or existing turn lanes;
(6)
Construction or improvement of new or existing bridges;
(7)
Construction or improvement of new or existing drainage facilities
in conjunction with roadway construction;
(8)
Purchase and installation of street lighting and traffic signalization;
and
(9)
Construction or improvement of new or existing curbs, sidewalks,
medians and shoulders.
|
[Ord. 4412, 9-2-2008]
|
7.
Library Fees.
a.
General Requirements. All applicants for residential developments
within the Village shall pay a library fee in the amount of $125 per
each residential unit to the Village. The cash contribution shall
be held in trust by the Village for expenditure by the Orland Park
Library Board.
b.
Timing of Payment. The fee shall be a one time charge payable in
full prior to the issuance of a building permit.
c.
Use of Funds. The library fees collected shall be used only for library
improvements and services. Library "improvements and services" are
defined to include expenses for library personnel and library operation,
the cost of library buildings, books, and other materials.
d.
Exemptions. Applicants of the following residential development shall
be exempted from payment of the library fee:
(1)
Alterations or expansion of an existing dwelling unit where
no additional units are created and the use is not changed.
(2)
The construction of accessory buildings or structures which
are not dwelling units and which do not constitute an increase in
intensity or use; and
(3)
The replacement of a destroyed or partially destroyed building
or structure of the same size and use.
[Ord. 2539, 3-21-1994]
8.
Criteria for Requiring Dedication and Contribution. There will be
situations in developments when a combination of land dedication and
a contribution in lieu of land are both necessary. These occasions
will arise when:
a.
Only a portion of the land to be developed is proposed as the location
for park and recreation lands, school site purposes or transportation
facilities. That portion of the land within the development falling
within any of these locations shall be dedicated as a site and a cash
contribution in lieu thereof shall be required for any additional
land that would have been required to be dedicated; or
b.
A major part of the local park and recreation land or school site
or transportation facility site has already been acquired and only
a small portion of land is needed from the development to complete
the site. The small portion shall be dedicated and a cash contribution
shall be required in lieu of any additional land that would have been
required to be dedicated.
|
[Ord. 4412, 9-2-2008]
|
9.
Fair Market Value. The cash contributions in lieu of land shall be
based on the "fair market value" of improved land in the area. Improved
land for purposes of this section is specified in Section H10 below.
a.
The "fair market value" of such improved land is $134,689 per acre
as of January 1, 2009 for all properties within the Village and its
1 1/2 mile jurisdiction. Refer to the Village of Orland Park
fee structure summary in the Development Services Department.
|
[Ord. 4574, 7-6-2010]
|
b.
The "fair market value" of such improved land is $75,000 per acre
until January 1, 1997, for all properties within the Village and its
1 1/2 mile jurisdiction. After January 1, 1997, the "fair market
value" shall be increased by a factor of 5% per annum, on January
1 of each year beginning with 1998. Refer to the Village of Orland
Park fee structure summary in the Development Services Department.
c.
The applicable figure shall be used in making any calculation herein
unless the applicant or an affected school district files a written
objection thereto with the Board of Trustees. In the event of any
such objection, the applicant or affected school district shall submit
an appraisal by an appraiser mutually acceptable to the applicant
and the Board of Trustees. The appraisal shall show the "fair market
value" per acre of such improved site as described in Subsection H10a
below in the area of the development. A final determination of said
"fair market value" per acre of such improved site shall be made by
the Board of Trustees based upon such information submitted by the
appraiser and from other sources which may be obtained by the Board
of Trustees or the affected school district or the applicant. When
evidence is presented to support a written objection, it shall be
specific to the applicable area:
10.
Density Formula.
a.
A document entitled, "Table of Estimated Ultimate Population Per
Dwelling Unit," prepared by the Illinois School Consulting Service
located in Naperville, Illinois, is attached hereto as Table 5-112(H)(9).
Such Table 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 required dedication of acres of land or cash contributions
in lieu thereof. It is recognized that population density, age distribution
and local conditions change over a period of time. Therefore, the
Table shall be updated every two years, if felt necessary in the opinion
of the Board of Trustees to reflect the latest Table published by
the Illinois Consulting Service or a comparable organization. If the
Board of Trustees fails to renew and update said Table, such failure
shall not be deemed to invalidate this section or any parts hereof.
b.
An applicant may file a written objection to Table 5-112(H)(9) with
the Board of Trustees and shall submit his or her own demographic
study that shows the estimated additional population to be generated
from the development. The Board of Trustees shall make a determination
of the density formula to be used in calculating the dedication or
contribution required herein after review of such demographic information.
c.
An applicant of detached single family dwellings with commonly maintained
lots may present to the Board of Trustees written evidence to support
a request that the dwellings be treated as single family attached
dwellings for school impact fee purposes. Such evidence shall include,
but need not be limited to, an anticipated resident profile, discussion
of marketing efforts to attract that profile, a description of the
common amenities to be provided and a discussion of why the proposed
development is expected to generate fewer school age children than
a similar single family development with privately maintained lots.
The Board of Trustees shall make a determination after considering
the evidence submitted by the applicant.
|
[Ord. 3354, 4-17-2000; amended by Ord. 4412, 9-2-2008]
|
|
Table of Estimated Ultimate Population 5-112.H.9
| |||||||
|---|---|---|---|---|---|---|---|
|
Table 5-112(H)(9) Table of Estimated Ultimate Population Per
Dwelling Unit (School Donation)
(Children Per Unit)
| |||||||
|
Type of Unit
|
Pre-School
|
Elementary
|
Junior High
|
TOTAL
|
High School
| ||
|
Grades K-5
|
Grades 6-8
|
Grades K-8
|
Grades 9-12
|
Adults
|
Total Per Unit
| ||
|
0-4 Years
|
5-10 Years
|
11-13 Years
|
5-13 Years
|
14-17 Years
|
18 and Up
| ||
|
Detached Single Family
| |||||||
|
2 Bedroom
|
0.12
|
0.411
|
0.138
|
0.549
|
0.222
|
1.856
|
2.746
|
|
3 Bedroom
|
0.268
|
0.486
|
0.153
|
0.639
|
0.135
|
1.913
|
2.955
|
|
4 Bedroom
|
0.371
|
0.702
|
0.259
|
0.961
|
0.242
|
1.985
|
3.532
|
|
5 Bedroom
|
0.386
|
0.59
|
0.236
|
0.826
|
0.242
|
2.191
|
3.645
|
|
Attached Single Family
| |||||||
|
1 Bedroom
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
|
2 Bedroom
|
0.206
|
0.084
|
0.057
|
0.141
|
0.03
|
1.318
|
1.697
|
|
3 Bedroom
|
0.214
|
0.104
|
0.039
|
0.143
|
0.05
|
1.966
|
2.374
|
|
4 Bedroom
|
0.183
|
0.271
|
0.106
|
0.377
|
0.105
|
2.102
|
2.767
|
|
Apartments
| |||||||
|
Efficiency
|
0
|
0
|
0
|
0
|
0
|
1.4
|
1.4
|
|
1 Bedroom
|
0.058
|
0.032
|
0.012
|
0.044
|
0.013
|
1.653
|
1.71
|
|
3 Bedroom
|
0.199
|
0.115
|
0.073
|
0.188
|
0.083
|
2.005
|
2.475
|
|
NOTE: There are only three significant categories provided in
this chart. Because of the similarity of yields of all types of attached
single-family, only one category is provided. The same is true with
apartments; thus one category. Because of the relatively short history
of some newer types of detached and attached single-family units,
individual evaluations may be necessary.
|
|
[Ord. 4412, 9-2-2008]
|
11.
Improved Sites. All sites to be dedicated or conveyed shall be improved by the applicant at his or her cost. The improvement of sites shall be guaranteed by giving security in conformance with the requirements of Subsection E.
a.
An "improved site" for purposes of this section shall include, but
shall not be limited to the following:
(1)
Contour and grading and storm water management;
(2)
All utilities to service the site consisting of electric, water,
sewer, streets, curbs and gutters and all required drainage;
(3)
Sites for parks and recreation lands shall include improvements
for paved parking facilities sufficient to service such sites;
(4)
Sites for park and recreation lands shall comply with all landscape
regulations established pursuant to the Village's Zoning Ordinance;
and
(5)
Other improvements that may be appropriate to the site.
b.
Responsibility. The improvement plans, installation and security
required by these regulations shall be the responsibility of the applicant.
c.
Plan Approval. Plans for the improvement of dedicated sites shall
be approved by the Board of Trustees as part of the development's
final development approval.
d.
Phasing. The improvement of all dedicated sites shall be completed
by the applicant before 20% of the occupancy permits for dwelling
units have been issued, or by another date as determined by the Board
of Trustees but in no event later than three years of final approval.
12.
Reservation of Additional Land. Where the Comprehensive Plan or the
designation by the Village calls for a larger amount of land in a
particular subdivision or planned development for school sites, park
and recreation use, transportation facilities, or as additional public
land than the applicant is required to dedicate, the land needed beyond
the applicant's contribution shall be reserved for subsequent acquisition
by the Village or the school district in accordance with the requirements
of the Illinois Municipal Code, III. Rev. Stat. ch. 24, ?11-12-8.
13.
Topography and Grading. The slope, topography and geology of the
dedicated site and its surroundings must be suitable for its intended
purposes. An applicant shall allow the Village or school district
to have access to proposed sites for the purpose of conducting soil
boring tests.
14.
Timing of Conveyance. An applicant shall convey to the Village, the
affected school district, or such other governmental body, corporation
or other qualified owner as determined by the Village, the land required
under this section at the time of final approval by the Board of Trustees
of the subdivision or resubdivision plat or final development plan,
by the delivery of the following documents:
|
[Ord. 4412, 9-2-2008]
|
a.
A good and sufficient Trustee's or Warranty Deed conveying fee simple
title free and clear of all liens and encumbrances (except liens or
encumbrances dischargeable by cash accompanying said deed) except
for current real estate taxes;
b.
Preliminary commitment for title insurance issued by a title insurance
company acceptable to the Board of Trustees covering a date not more
than 30 days prior to the date of conveyance in the amount of the
fair market value of the land to be conveyed as established herein,
subject only to the matters hereof, and to such other matters acceptable
to the Board of Trustees;
c.
An affidavit of title to the real estate;
d.
Completed Illinois Department of Revenue and Cook County Real Estate
Declarations;
e.
A deposit of money equal to 115% of the most ascertainable taxes
for the year, pro-rated to the date the deed is delivered.
f.
A plat of survey containing thereon the legal description of the
property to be conveyed and any other matters which may be required
by the Development Services Department or the school district.
[Ord. 4412, 9-2-2008]
15.
Timing of Payment. Cash contributions required under this section
shall be paid as follows:
a.
All fees required pursuant to this section, including fees arising
from the development of land located in the Village's 1 1/2 mile
planning jurisdiction that may be the subject of an intergovernmental
agreement, shall be due and owing prior to final plat approval by
the Board of Trustees, or as provided by the terms of a development
agreement entered into between the Village and an applicant. However,
if the applicant's lands are the subject matter of an annexation agreement,
payment shall be made at the times and in the manner provided in said
annexation agreement.
[Ord. 4412, 9-2-2008]
b.
It shall be the duty of the Village Comptroller to establish regulations
and procedures for the collection and administration of the cash contributions
required under this section.
|
[Amended by Ord. 5476, 1-20-2020]
|
16.
Credit for Land or Contribution of Cash in Lieu of Land Given Under
Annexation Agreements. If an applicant has given land and a contribution
of money or a contribution of cash in lieu of land as part of an annexation
agreement and thereafter the applicant or his or her successors submits
a plan of subdivision or resubdivision or final development plan which
will increase the density of population in those areas covered by
the annexation agreement, then the applicant shall be required to
make an additional contribution of park and recreation land or land
for school sites or land for transportation facilities or of cash
in lieu thereof as outlined above. The additional land or cash in
lieu of land to be contributed shall be the difference between that
land or cash in lieu of land required as determined from the plat
of subdivision or resubdivision or final development plan and that
land or cash in lieu of land previously contributed under the annexation
agreement.
[Amended by Ord. 5476, 1-20-2020]
17.
Development Agreements. Upon review and recommendation of the Committee
of the Whole and approval by the Board of Trustees, the Village may
enter into a development agreement with any applicant which sets forth
the time and manner of compliance with the terms of this section and
implementation of any other provisions of these regulations. If any
development agreement has previously been entered into between the
Village and an applicant, and that agreement remains in full force
and effect, the provisions of that agreement shall control and this
section shall have no force and effect, provided that the applicant
complies with the terms of such agreement. However, if such applicant
is not complying with the terms of that agreement or the agreement
does not set forth a specific dollar amount that the applicant is
required to pay to the Village, then the provisions of this section
shall apply and the Village shall utilize the fees set forth herein
to determine the appropriate exaction amount, less credits, if any.
Further, if the development contemplated by an applicant has either
increased in density or has otherwise increased the traffic on the
Village's transportation system previously estimated following annexation,
then the development agreement previously entered into between the
applicant and the Village shall be amended and the applicant shall
pay an additional pro-rata fee, based on the fees set forth in this
section, less credits, if any.
[Ord. 4412, 9-2-2008; amended by Ord. 5476, 1-20-2020]
18.
Audit Reports. The Village shall have the right to request and receive
from the affected school districts, or such other appropriate agencies,
annual audit reports and any other information the Village may need
from time to time to insure compliance with this section.
[Amended by Ord. 5476, 1-20-2020]
19.
Indemnification. The affected school districts, or such other appropriate
agencies, shall be required, as a condition of receiving the donations
hereunder, to indemnify and hold harmless the Village from any loss,
claims and causes of actions of every kind incurred by the Village
as a result, either directly or indirectly, of the passage of this
section, or the administration or enforcement thereof, including any
so incurred as a result of a lawsuit brought or threatened by an applicant.
If the Village is sued by any applicant as a result, directly or indirectly,
of the passage of this section, the school district or other appropriate
agencies affected may, at its option, undertake the defense thereof
but all costs and expenses of such defense, including attorneys' fees,
shall then be borne by the affected school district or appropriate
agencies.
[Ord. 4412, 9-2-2008; amended by Ord. 5476, 1-20-2020]
